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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. 10/18/2011 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 10/18/2011 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.) 10/18/2011 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 Town Council Minutes for September 6, 2011 Page 1 10/18/2011 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 Town Council Minutes for September 6, 2011 Page 2 10/18/2011 1 -2 -2 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. Town Council Minutes for September 6, 2011 10/18/2011 I -2 -3 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 Town Council Minutes for September 6, 2011 Page 4 10/18/2011 1 -2 -4 $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 Town Council Minutes for September 6, 2011 Page 5 10/18/2011 I -2 -5 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 10/18/2011 1 -2 -6 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 Vail Town Council Minutes of September 20, 2011 Page 1 10/18/2011 1 -3 -I 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 Vail Town Council Minutes of September 20, 2011 Page 2 10/18/2011 1 -3 -2 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 Vail Town Council Minutes of September 20, 2011 Page 3 10/18/2011 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 Vail Town Council Minutes of September 20, 2011 Page 4 10/18/2011 1 -3 -4 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 Vail Town Council Minutes of September 20, 2011 Page 5 10/18/2011 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. Vail Town Council Minutes of September 20, 2011 Page 6 10/18/2011 1 -3 -6 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. Vail Town Council Minutes of September 20, 2011 Page 7 10/18/2011 1 -3 -7 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. Vail Town Council Minutes of September 20, 2011 10/18/2011 1 -3 -8 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. Vail Town Council Minutes of September 20, 2011 Page 9 10/18/2011 1 -3 -9 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. Vail Town Council Minutes of September 20, 2011 Page 10 10/18/2011 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 (3) orlEll -- HI) IR I -MMIRIUM N COUNTY. CO SMOaTTON SPECIAL WARRANTY DEED 20072$756 TMSJ)RLD lade on thfa day of October 31 20Q7 betuean OTTO STORE( L -L.C. A COLORADO LIMITED LIABILITY COA•IPANY of the County of and State of COLORADO , Grantor(s), and Q" BRIDOE STREET OMMING LLC, A COLORADO LIMIM LL481LITY COMPANY . . Aase legal address, Is : fJN37 'CO of the County of and srate'of C , of the erantaeta)_ WITNM, That the Venter, for and In consideration of the rigs of ( 311800,000.00 ) *k* Ora M111fan Bight Hundred Thousand and Ot)r100 *rt* the receipt and ayfficiancy of which In hereby ackrwtati;od, bas granted, bargained, cold and conyayad, and by these presents done grant, bargain, salt, camay arvi confirm unto the Arantea(s), their hairs and assigns forever, alt the reai property, together with impraysmmts, if any, situate, lying and being in the County -of EA and State of Colorado, described as follows: SUR b7i' ZEJT 'A" ATTACHED HHRSYY3 AND MADE A PART HEREOF Moo known as street Timber 288BRMGBST RMTffl(A PART OFL073C AMP, BLt)Ci(5A, VAtl, t+)i t A FlRBI i�llllAtf YAiLCO 8le7 TOORTM with sit and afrryular acrd hdraWt-Amanta And Appurtenances theramto belonging, or in anywise appartainins and the reversion and reversions, remainder and rmindara, rants, isauas and phafita thersaft and all the Aatata, right ,title interest, claim aia9 damsTid whatsoever of the Grantor(s), either in taw or equity, of, In and to the abate bargained promises, with the hereditament, end appurtenances; TOHAVRANDT.08(1)bT1 the said promf5an abova bargained onddegcribed mItIt apjwrtonancae, unto the 4pantee(s), their heirs, auccossors and Arians forever. The 4ra.4tor, for ftssitf fts Successors and'.asaignA, does covenant, and agree that it shad and wfIt MAMOT AND FOREVER DEFEND the atscve ^bargafnadi premtaes In the quint am peaceable possession of the Drantee(a), their Mira, aucassaora and ovalgnn, saMnat alt and every parson or Persons claiming the whole or Arty part tinereof, bVi through or under the Grantor(s). At=" qa=**b "ZW AND "MUM" Pon ass MW 2647 AW SDV= VVU ZZAR9, AM &O2d'Sar 9U RA0x0=, SwaRCantrOM, AatrnRXRRXA", =V==.V AM 2X0= Ot W OR Mao", XV Aa+t INWTTMl86'WfiQ7l OV the Qrantor(a) have oxacuted this decd an the date•sat forth above. OTTO STO L,C.A COLORADO Llt4if FRD L)ABIWTY COMPANY B. C 8 OR (, hjANAM AIN18E DUPONT STATE OF i ,f ) ) NOTARY PUBLIC )as,. STATE OF COLORADO County of > My CwnW ak n Sn*as Jan. 8. ZOOS The foragofng instrtetwnt was aeknowladllad HAfora Me on this de of by O s C, C LO o MR My coming fail expires Witness py ha nd and Official seat, Not Public When Recorded Return tOZ BRIDGE STREET BUILDING LLC, A COLORADO 1110190 LIA9ILItY C0%PAtI1t Facrowll V500ROW0 7060 14TH STREET oeRYER, c0 90202 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; CommucINO AT THE KoRTHRhST CORN$R OF LOT C, VAIL VF,LT,P4% FIRST FILINGS T==3 SOUTH 00 ZRGRNDAAB 09 bN.INNoES 00 SECONDS NEST A DISTA87CP OF 7,60 P.RZT7 THENCE 90M 89 DROMS- 33 20440CX9 22 SECONDS WEST A, OZSTANLX OF 13.76 FEET TO TAN$ TRUE PormT OF Sawma l T}?rL= SON TTH 0 D1EG3Rmas 24 BSTNNNTPS 38 SPC0ND8 PAST A OTSTA27CR OF 13.68 RAR"Ti THONCR SM= 73 DECnRMS 14 MXN[)` S. 16 Sf3MMS WEST A DI,9TAAM OF 25_34 FESTS THMNOE NORTH 16 DWRIMS ASS M.NWM 44 SSWMS WEST A WSTMME OF 4.10 FROT7 TEEfyM SOUTNN 73 DHGREES 14 X=WM 16 SECONDS MST A DISTANCE OF 46 .73 FEET; T#ENCR NORTE 16 DOGR200 45 bEINUTRS 44 6$Coms FFSST A DISTANNCR OF 7.00 PESTS THRUM SOUTW 73 DA3G1mas 14 xxv7 S8 16 SECONDS WEST A DISTANCE OF 27.21 FRER` TO A POZAQT ON THR MST RZOR- 00 -MY 14%= OF A3R20GE STR=p MW= ON AN ANlNI`X :CO THE RIGHT OF 142 D8Wim 13 N•kTNfms 23' 6 aoUDS AND. ALOW 6AMD EAST RIGHT-OP-RAT AXN,P. AND AI.O12t3 A Cr3 3 TO THR RZWT HAVING A RADIUS OF 191.07 FEET, A CHI M&44 AN= OF 1 074763:&& 57 14Z1 =ES 43 SECONDS, AN ARC DISTANM OF 6.45 MX Ts THARCM NORT3 73 .D$tdRMS 14 JC=T30 16 SECOHAS BAST A DXSTANCP OF 36.91 FEET; VMGM NORTR 0 OMMM98 03 :4tiN7tfiS'L2S 02 S8CMW$ EAST A DTSTARM OF 12.41 PORT? T1;BrNNCS SOSTB 89 DOGROW S6 MINIM- 8 88 SECONDS RAOM A OxSTP= OF 59.47 FE>T? IBM= NOR= 0 DSG1 WXS 03 E1T1JWM 02 SEO0NO8 EAST A DISTANCE OF 2.14 F=3 T,FSM E WRT8 09 ORLI IZZ6 35 NNTXWM 22 SECONDS RASA' A DISTANCE OF 3.75 FM TO TIE TRUE POINT OF 01GINNXG. Tocm RRR WITH AN AFC38S EASEAp m 74 CRANTSM UNDIER ASHORMUT R0WOWD AUGUST 10'... 1967 W. 8o0K 213 AT PAGNS .26 AM SP'.t"TZmmsxm ST:cFmATZON Alter Qnap AWORD83D m= 24, 1988 IN BOOM 486 AT iAME"259. SAM SASOWNT IS DBSCRTTSED AS FOLLOWS: THAT PORTION OF A PAM= OF L=0 DRSCRZOM IAd' BOOR 188 AT FA1GX 151 OF THE EAOT,E COUNTY, 6=02ifrDiJ, CUM AM AECOA¢MR, 9= ZAR .CBI' + T+2.'L'kNC•N K2THrN DOTS A, 13, AND Ci WACAC 5A, VA= V7.'LL MM, FIRST` PI &X'876' ACCOAi7i1SNG TO TIM Aw TwmzoF RacoRDPD x87 THE 070ICNE'• OF 223. EAQL8 COUNTY", - i' DORADD, CLS'RIC .AND A zaaa p;R, DSSCRIB= AS FOLLOWS) HEGINOM AT TM MRTAWT (MM OR OF SATO PMC!RL OF Z A=r SAIA VD= OF BSOiNN=a =0 Ax=G TBR NiDRINONST coun OF SAID WT A, =ANC2N ALONG T49 EASTERLY =NV OF S,A= $M0% 340609100 "A 54.37 PER TO =9 SOMMAST WF4= OF SASD PARCFZLs TAE W4W TNT MVMRLX WEN8 OF AUP k'AdNCEL 869 "3522 "W 17.52 PRET> TA3ANNC8 MPUTSV4 SbA2D SGUT00AMY LINE 5 COMBS 1) 900 °09100 "W 4.50 FRET 2) N89 °S1R00 "1L 4,80 MT 3) 400*09100"N 28.00 FEET 4) 944451100nE 7.08 PERT 5) 900'09'00"W 28.24 i76ST TO TRZ NORTHERLY LINE OF SAM kAdt =; TMMC$ AWK0 SXZP NOA;TEXRXX LINE 8.30 T AIiGUM Vm ARC OF A G'N>NZ,vE TO THE RICd7A'R RAVIN73 A RADIUS OF 285.89 FEET, A CAIN, ANSIX OF 01 °3'7'28„ AM A C8O],4N3 THAT HEARS 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 ',PR 201978 10/18/2011 2 -2 -8 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. 10/18/2011 2 -2 -9 (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. -3_ 10/18/2011 -- 2 -2- 10 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 -4- 10/18/2011 2 -2- 11 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. -5- �r 10/18/2011 - -� 2 -2- 12 (b) The general common elements (including the limited common elements) shall be administered, conserved, managed; maintained, repaired and replaced by the Association, which may-have access to any unit from time to time during reasonable 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 -6- 10/18/2011 2 -2- 13 Association. The Association shall be entitled to purchase the condominium unit at the foreclosure sale, and to acquire, hold, lease; mortgage or convey the same. 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 -7- 10/18/2011 2 -2- 14 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: 8- 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 -9- 10/18/2011 2 -2- 16 deficiency of the person or persons responsible for payment of such indebtedness. if within 100 days after the date of such damage or destruction a plan for repairing and restoring a damaged or destroyed building shall be approved by the owners of 75% or more of the general 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 W-W /H a � |J \} .2 �� ���� � \ � � � �\ I EXHIBIT EXHIBIT xa 1 w r rv. Z OO V'' H Q'O f 'V ;I Vl I V( 0.1 U =' O' N � i • Oi `� � � � u .. V 2 'l J a U¢ CO Qi W i N 2 d f OO io kn O ti7 a Ux I! i:. ¢p 1. � r ' r Ir U 'k W Z • v e ! m N � b'• � � I ` i . VV — -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 2 -2 -30 application based on hardship relating to Yvonne Mullally's age, and /or any family or child related issue for the Margo Mullally /Swail family. Plaintiffs agree to attempt to first locate the elevator installed at the southeast corner of the Bridge Street Building. The Association agrees to give Plaintiffs some of the space of the current trash room on the east side of the Building to use for the elevator, if needed. Plaintiffs agree to pay all costs associated with application for, and construction of, the elevator. 8. The second level balcony facing Bridge Street shall be a limited common element for the benefit of unit C -3 from the north edge of the south pillar north to the end of the balcony. The allocation of limited and general common elements for the remainder of the deck on the second level deck shall be as described on the map attached hereto as Exhibit 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 4Y;B(/S6'LlEff'7 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: .EDERI'CK G?k-� STRICT COUR z =� z < o �0 U �Z Ewa owl � � QD LA QED 7- I zg ED Lf) u U') U) CO rs o z QL LE12 AL4U ---- ------ ------- r) Ad 10/18/2011 2-2-34 yi •1mc ---------- QL LE12 AL4U ---- ------ ------- r) Ad 10/18/2011 2-2-34 yi •1mc 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. 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Q Q b nnvi = IL N Q \4 w w LI_ nvi = O O J H J Z 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: Town of Vail 10/18/2011 2 -2 -58 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 10/18/2011 2 -2 -59 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. Town of Vail 10/18/2011 2 -2 -60 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. Town of Vail 10/18/2011 2 -2 -61 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 10/18/2011 2 -2 -62 12 -22 -4: ADOPTION OF VIEW CORRIDORS (in part): A. View Point #1: A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Clock Tower, 232 Bridge Street, the Rucksack Tower, 288 Bridge Street, and beyond to the ski slopes. (Please see Attachment D — pg. 19) 12 -22 -6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS (in part) An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, [or by application of any resident or property owner in the town,] or by the administrator or his /her designee. 12 -22 -7. NONCONFORMING STRUCTURES (in part) A. Removal Of Encroachments Encouraged; Exceptions: Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the effective date hereof may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain focal points, such as the Clock Tower and Rucksack Tower, the town recognizes their importance to the character of Vail Village and to the quality of the urban design of the Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal. 12 -22 -8: HEIGHT LIMITATIONS (in part): If the maximum height allowed in any zone district within the town differs from the height permitted by a view corridor, the more restrictive height limitation shall apply. (In this instance, the Applicant should provide additional information relative to maximum heights to be dictated by established view corridors as compared with the building height restrictions set forth in the Vail Village Urban Design Guide Plan). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two -fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in Town of Vail 10/18/2011 2 -2 -63 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 10/18/2011 2 -2 -64 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. 10/18/2011 2 -2 -65 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 2 -2 -66 0% at >43 ft. 7% 7% Density: Dwelling units (DU) 25 DU /acre (3 units) 2 DU 2 DU Accomm. Units (AU) 50 AU /acre (6 units) None None GRFA: 4,451 sq. ft. (80 %) 2,538 sq. ft. 3,224 sq. ft. (58 %) Site Coverage (max): 4,451 sq. ft. (80 %) 4,424 sq. ft. 4,462 sq. ft. (80.2 %) Landscape Area: No reduction per VVMP No change Parking: Pay -in -Lieu 0 on -site No change Loading: 1 berth Off -site No change VI. SURROUNDING LAND USES Land Use 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 10/18/2011 2 -2 -67 The applications further the Vail Land Use Plan goals and objectives, including Objective 1.1, to "encourage the upgrading and redevelopment of residential and commercial facilities" and Goal 1.3, that "the quality of development should be maintained and upgraded whenever possible." The site specific recommendations in the Vail Village Master Plan are generally not applicable but the application remains consistent with the goals and policies in the Vail Village Master Plan, which, similar to the Land Use Plan, "encourage the upgrading and redevelopment of residential... facilities. " The Urban Design Guide Plan discusses view corridors as follows: "Views that should be preserved originate from either major pedestrian areas or public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other important man -made and natural elements that contribute to the sense of place associated with Vail. " While the proposed addition to the tower is not in the established view corridor #1, the addition to the Tower will negatively affect this man made element that, as stated above, contributes to the sense of place in Vail. 3. The proposal does not otherwise negatively alter the character of the neighborhood; and, Staff finds that the all components of the application do not otherwise negatively alter the character of the neighborhood except for the addition to the tower. There is no change to the sun shade analysis from existing structure and most of the additions will not be noticeable from street level or even from other buildings. However, the addition to the tower changes the appearance and feel of the building by adding an element to the tower that reduces the positive visual impact of the tower. The 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 2 -2 -68 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 V luawgo -elIv 10/18/2011 2 -2 -76 f eyy.y, -fig R F Y s M ,€ tea la, ? i 7 gg- •'�� ��. x''• 15 3001210 �— '� t ' ! wci � e s . er a r� '4•� xu 42 V luawgo -elIv 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 N .T c y Cm � N N � O N 0 .C� G C\V Ic U N o Y E m o x m N T O N J Q r Q E > E O V3 > 1 o ° u m a a o m m aS at6i m OF a t6 p Ol 3 -6 Y N N ° NO UCi= YO U CO ^O > m 0 M .o - N U m a IL ° m ° .r s o moY N¢> > U > m m O .g m E 7 O N 0 > m N m E a a w m E a 3 N ` o o m o m °-o N 09 uE°i E m> od " m m - N 1 v x I of co m co E a O^ 3 .o ° �° ¢ LU F-- w m ° 2 N O a N 3 °U N N N N \ a Q .- .E _O LL Q t6 O Y U 3 N (n U- U O N 00 N i6 Ln M N N Z M U Q O N ° Z N LL E LL N N N N N N 'O p O p m p rl p rl p a p N p O p ill ill p m O W m N O N O Ln Ln 0 O N c0 O N m O M � O Ln c'l CO N � 0 0 m � W � W o M N �m CO O Q N 0> O W M W N M N W W Ln r Ln M O W M W N o a` o n rS a a rS o p O o r 0 o 0 N O Ln a N O o � N O o m a Ln N � r O o r a 0 W 0 N N o O I9 0 0 W W Ln O N O ro Ql Cn o y � O O C N 1 O o o W O O h CO Ln q O M M r CO 'T O O Ln L9 4 N M N 6 N O L9 4 N N 7 m m W O W O O� Ln Ln O Ln W W N 1° C° ill p ill y N cn N p N t0 I� y t0 ill N cn 0 7 CO y r O cp o h M m h N i! M � Ln r O N N ! .6 o h 0 rIlD l M� O N a r O M O Ln Ln M r N O r W r M M CO W O N O h M C° O W a r M r W M O C1°O M O O m c0 y rl O 7 M M rl C6 M^ N r Ln CO a O W r r a Ln M r Ln c0 Cj M Q N O^ Ln o N a M lli N N O M ON Z M a CO N M r M M CO W CC! N O o? Cn W �? M O ro N a W I ro O M m rl m a O r h r ai 1' N W � M r Q M m Cml N M Ln O r ro N O O W p V 5 M O O h O Z Z Z O N a O ai O m r M N M r M O O W m O Lq O o W M N W ^^ O ro N M O W O N r o O 7 M i!i CO y M N O N N O N r N h ai N � Q O MN N r ro O W a C\! h N N m p 5 M M Z N N N N a W CO � O M O M M O N W M h W N cn M ill L6 � h m o � Q CM M m N h c0 � h- a N h� C N M p V W M O M h W CO M Z N M CO N a m N o � � M r W M ro o M cq N Ql rl N N O r O O N O 7 I� O CO co N � � W r r O q O m Q N O p 5 N a r CO O N CO O M N O N r r N O - N N Z W r CO O o W I� rl M ro Ql O ro O c0 p m Ql N M M a O m Cp W o O 7 O W i!i 6 O cq W ro � � W N m N CO I� 6 CO � m c6 W o CO r O N o o N �� a y CO � O W o o W W O a m m o CO m m W h O q Lq C1, m m N o M ro Lq rl h M M� I� r N r o M rl O� m o 6� I2 r 6� ro m o 6 CO c'l N N rl O Om O W N a r N M N W N N N o N M CO o W h M ci M x m r N N � U 6 a N x N d d d 0 N d d p t6 d d N d Ol 7 a m O m c c N o c E m c m N a�i ot} �• a�i o Z. > o > m m O o c � OC m y > m m f x f m rn m m s OC �- C F- f -215 CL m ~ C C s E C O R O m CS w OC a` V V O LL w OC w a ° C\V Ic 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 r• LLI G 0 � F m N C N L J L U- C 0 L 0 r• _ y y N r_ p7 N .OC m aO O O .... O O O O O .... O O O O O r O O O O O O O O O O O O O O N O O O G O O O O O O Cl O O Cl O O Cl O O Cl Ln O O O O O O O Ln O O O O O c) O O O O O O O Ln N O N LO LO O Ln O O O O M � O O C) CO O I- W O O O O M O T O a) N N O C) m 6 O N W O O r O N LO m C) N r O O c LO LO O LO n O O O O O n ° ° 0 0 0 o C) M co O n o O O O o m r o o O rn 0 N O � N N LO (6 O m C) N O N O N r O r O O O O O O Ln Ln Ln O O O O O M Ln Ln O O O O O N c) c0 N Ln L� W O O O 6 O r r C) O O O a) O N O O c\j Ln N (6 O C') N O O N r O r O N O) O) N O� W O O O M O O O O O 00 N c? c0 L� 6 M 4 N m r r r M O O O O N N CO O T N LO O m C) O O N O O O r O c\j c\j N O O c0 m m O �t O Of O O O 00 M O O CO CO O I� O LO O O N O c N m r r r M O O O N N CO N LT N CO C') C') M NO O N O O O r r N rl 00 co co O LO O O O O O O � co O � � 00 O — c cD c 6 N c6 r r O -t O O O LO O N I� O W M O O O O O O N LO O N O O O Cl Cl 00 m — co c07 M r c6 N C) r r O c6 O O O O N CO CO C) CO LO co L;.� C') M NO O W co O — O N co LO LO LO m O N co N Lq O O 00 O O N I� N OO Cl C) c0 m � O r r r r O N O O O O N cp Lr c6 C') O C2 O r c6 c6 O O O N LO LO O N co cD O LO 00 O O I- r 00 LO O O m c) c r N O C) O O O � co N c6 L c6 N N M — O co co O O O NO N O O O c) Lo LC) O O O O O N O O TD O O NO r O � O N I-� W N N M r N O O O NO N Oc --i O � 7 � 0 O O a O O 00 0 O LL J � J � N 'N6 O "N6 N N N p N O O N O O C C C O N pl E w a E v E c E OJ O O O LL O O N O in > E U) °� LL E in > E U) c E —' .-" in > y 0 0 o y o o w o 0 o y r m o p N > 0 E a y y a o O ° o W o o ° d > E E o a � r D a LL R c 0 D mr E m cv n E m o �i E ,U H G1 7 O "O O ON (6 O K "O O O N O O X O O G1 O "O O C] LL H Q U LL CL J LL H LL LL U r LL Q U LL CL CL U 0 r w CL r N H Q U y y C) O O W O O O N p 0 O O � O O 9 C N .y L r O O O O O O 00 O r O O O O a O Lo co G N O G � O � O) � N co N M O r TO N O r G NO O O O W � C) O co O m CD N O O G N O r� cl O Cfl O co O r N m N O r Cl � N O r O O O O O O Lo co G N O n U °c N co N O O r TO N O r G NO O O O W � C) O co O m CD N O O r N N O r co �t CO 4 O N W N O Cfl O co O r O r O CO O N Cl O Cl � � Cl co O co CS N I-� O r r N O r r- O G N O O O � C;.) � O co O m N O r r N O r co G Cfl N r O O O co �t CO 4 O N W N O Cfl O co O r LO CD Ln O -T Cfl N O CM') N r O N W N O r O O co 6 W O m G 4, N r O O -T N Ln I� N LI) O O CS r G O c- O Ln W O C) C, O n O W N r O r O N O O O C .Q N U N C N J to y N O U O Q) U O N a C E U E r C C U ° o YO IL IL LL LL N o O In O 00000 O O I-- O O O O O O O O r O r O O O Cl) O O O 0 0 0 Lo 0 4 O O O I, Cl N C7 N N N Cl) O 4 N Lo co O 0 0 0 Lo 0 6 Cl 0 F, Cl N N cl) N N N M O) N N LO c) L) 't 0 0 0 0 0 0 0 0 Lo 0 O N NO M N N N Cl) O N N O LO 'l- O O O O O Oc:l O Z O O N N Cl) (V C,.) In In N Cl) N N M 'l- O N O H O L) W O N O N'l- Cfl N NO C;.) N C;.) Lo 6 N O I� O N W O N 00 00 CO O cD O Ln O O N N C;.) Lo Lo N O O O) LO co co to O W O LO O O'l- O N O Cfl O N O N N O Lo Lo M m N O M O N 0 O co O Lo O O O O N O co O N O O N C) co Lo Lo N N N O N �) co 'l- O 'l- 0 0 0 0 O O O N O O O O O co - Lo Lo N N N O N Cfl O N C N R .7 W d) U E_ o F N Cn > 7 N U N N' w O g E ri 3 E N Q 0 Q U LL C C N L i O "O U Q LL Q N 0 N C O O co O O o O O It O O O r O O O O N N N CM') O W W W N O r co O N Lo N N N CM') 5 "o C) W N r co O n N N N ° N N oO Lo N W N , co co Cfl Lo N N Oo N O O c) O Ln Lo Cfl W Lo co C) N � O n N N co co M co I- O c) (D c) O W Lo r C) N N O n N N W co co co co cl) co C) O c) co W O 4 Cfl C) N co O n N N co C) N Lo co N Cfl C) C) I� O n N N N O COO � O c)) O N O W � m M N M N Lo N O N') m O co W C _ O N CO r-, Lo M r O O C) Lo N N N � N CO7 O CM') O � W O 4 N 6 O Lo C) r O (fl C) Lo N N O N 00 ,� O � N 0 E -E5 O Ir O °6 6 N i N L U N N � L N N U X _ LL n U °c U o O l 0 O O o U 0 Y N C O N 6 p r C 6 O Lu 0 N a r o n > a _ .0 Q C- 'U C ld N N li -i IL H LL U F O N 00 ,� O � 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% W U z a J a d] z M LL z U) W 0 w¢ p U m N a Z LL N W J J dC a M cc j H W LL W w c9 za X O LU LL M z W W cc LL O a N ( O f N ( r� o° N {4 � r � _ p � Z N d O O ! o; N _ V 0 N r (D C 3 a a) Y O O a Q Sass 0 0 0 0 O O O O O Lf) Lf) O N O O (ND 00 00 000 (Dn n N N r O 00 rl N m 3 v c N Q LI w d a c O d 3 C d d d: (o -t 00 000 (n (D O O W 00 O r O N N V! 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Z7 Z7 (6 O Q >, (6 O Lo U) O c cQr E 0) a) a) O 3 0) C5 0) C5 c U) O 0) � .c p r r O _O p m (6 (6 }• C U) (6 (6 O Q O O U a) X N��_ a)� C O N Q T L -0 C a) a) O O T a) . 77 co O 70 O E O E a) � a) T N a) a) a) N a) (f) Q (f) (6 o ..— Cl) — Q c N (6 ch a) a) i6 i6 N O N � Q O a) a) O N O Z7 N (.) >' O c7 (6 (6 >' T Z7 E >+ Z7 -a) N a ' a) Z7 N N N N E D N C N N C N O °t a O N N O O O O Z U cm m Q m ❑ NO N m O O O O c7 O O O O O O CO O O N M W c0 It W c0 LO O O O O LO O LO O LO O O r 0 c0 N C) LO r I- O O O w O O O O I� O N O W O O W O u) N r r) C) rl r) O P- V O M O N N N u) r LO It LO CO O I- O O r- CO c7 N c7 I- LO It 00 O W u) r) O r u) N I- N r cc) O W N� r 0 0"d I- m r O N co N r- O O u) r- N CO N LO r- N N N u) Lo Cl) r r O m r r O T W r CO N W N N EA EA O O O O N O LO O m O O c0 r- c7 W O W O LO I- 't r- C) O O O O O CO Cl CO Cl Cl r Cl u) LO c7 W LO It r O N M O O O O It N m LO Q) O O W CO W r O O r- c7 r r O N O M O LO c7 I- N LO r O LO 't O O r) LO I- c7 LO W CO CO I- n O W r LO LO O W M N O O c0 W W O r 0 I- L W M r O N N CY O LO rl u) CO N W W It c7 N C) (:: LO LO Cl) O I� O u) m r r O C) -t W — cc) N W r r N r N Ef3 EA O O O O N O LO O c7 O O CO W N O O O Cl O O O O O CO O CO O O LO O O LO N r O N O O O (:: -1 N O u) O O O W O O O u) L W V O M O LO c7 I- N't r N LO 't Q) cc) LO CO M O c0 r It V O O r LO O W c7 N O O O c0 CO c7 O r 0 I- LO O r- c7 r O r I 0 O c0 LO CO N I- CC) I� c7 N W O LO LO w In CO O u) r ) r r O T W r u) N 00 N N EA EA LO 't CO I- LO I- N r- O O LO LO 't O O C) M N W r N m N-t N CO 't LO r- r W O O C) N r) r w co m I� It m r O CO u) O r N C) O N O ' r) O N M I- co n -W (1) u) 4 co N m I- r O W r 0 M O M O O W N r 0 m CO m It N O O CO O W O O O N N O O CO LO (� r I� LO O r) r r r u) O c7 r� r r Il r r c7 r r N EA EA Z7 C N a) L X N 6 H C Q a) E a` )) C5 t 21 U 0 n a` )) (6 o6 _0 7 Q a) y U a C5 E a) m U) U a) LL U) Q N a) ❑ Z7 y W y O E a) a) Nc U) C5 =0 O a�i > Q ID x a) Q c c a) E U) C 0,0 m Q- Co ID E a a) (6 x LL a, a, U '" z, a, a) (6 — y Q °) E E . X x (6 a) a- E 2 °) m E u) Q Q U) X ~ 025 E }6 O O O> a) a) 3 (0 O O Z3 3 aNi ani c aNi o Q o6 a) m v n (n w w Q a) 76 T T > V (n _ (n LL u) LL a) (6 0 C U (6 Q � C Q _ C O (6 (6 Q (6 CC J U LL W m 2 H W Co m U) U Q 2 2 ❑ H V 0 N r (D C 3 a a) Y O O a Q Sass 0 0 0 0 O O O O O Lf) Lf) O N O O (ND 00 00 000 (Dn n N N r O 00 rl N m 3 v c N Q LI w d a c O d 3 C d d d: (o -t 00 000 (n (D O O W 00 O r O N N V! O 00 N V O T rn OD It 00 OD o W 00 W O N N N V! V 00 r (D v° cam-, n O O N N QD r) (� I- N C(O n W Cl) cm 00 Cn cm 00 c7 v c') N N N QD CO 0 m c T O 0 co O C ~ � O N co oc O � O O co a) U Q Z7 D =0 a) c Z7 (L) Z7 S U U � Z7 Q � a- 0 U) 2 W c° N {4 N Q � O N 0. 0 d Q LL z N o2i t N N � U {4 C > >_ *' Q > W C H G m Z7 d] Z a ° o t z _ t4 N O LL CD c > r- v N d. N > H d: m W CO 0 m c T O 0 co O C ~ � O N co oc O � O O co a) U Q Z7 D =0 a) c Z7 (L) Z7 S U U � Z7 Q � a- 0 U) 2 W c° 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 r L ca R 7 cr d cc N o m o � O Y a o L CL Q N L 0 N U Q. 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Vl N 0 N -Q > Y 06 cl U f0 T LID O N O f6 Q Q O N p aoaa(� Q H Z CC CL CL CL Y a 71007 N O O O O 0 0 O O O In O O O O O In O O 0 0 0 LO t R O 0 O O 0 O O O c0 O O O O LO c0 O O N O 0 O 0 O O O M O co O O O O O O O O O O O co O y U Lf� Lf n O N LO LO LO It LO O O LO co V O LO c0 c0 T I� n V 7 N 7 N N 7 N 7 r In co r 3 O LL N N L N C O N E O N Z M T O Q co N N j f6 O U N 025 E CO .N c �;H 0OiLL Q O N O N O M E c 0 Q > N N 0 y O N N CO N H c U > 02f W � i N 2 0 (D O Z O O ( Q CL ID \ N W W L t6 N N N E f0 U c H W o ° Q o (D o o cc N o m o � r d L N co co a� CL N N d 7 cr d cc >> Y O Y Q CL Q a LL Va ID C 7 � O U N a� a N O N O V N O O O c0 N V) � O U ^O r0 LO M V N N a O O r N O N T N ' ' O C C c0 O f0 f0 O O ^O r0 V LO L O LO _ R V N E N N O U N cc 0 O O Lo ° In N r 0 O O W T O O r 00 M N fO N = Tr R LL > C O V V Y d O O N > O N � N N U _ Q- NN cc a N E E O N Y v � Y d o a N � LL N C N a N O R y O O O N O O v O r0 OO °m ON oN ci C4 t N T IZ v O cc M cl co N d r r c = r > LO Lo o a rn rn N . Y U cl cl N V! N N E a LL E c N N LL U Y_ T O Y LL � a N (D ii r t (D a a N OU O o C O a M N O O In O O O N In y O O co N0 O O a j O o V) ° r0 r LO r V) LO m = O LL N H Z W 2 W W cc a a c m l r z LU o W O LU C W I9 m o m O � 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. 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N L CL a C C a3 N U Y i U Q O N N N >j Q C Yp O) O LL H N N U U U Q U Q Q U U LL, U (n W N _ O c (U (n N j Q Z W LL Q> 7 C Ol N U L L O O 9 9 9 a a1 C p 41 a3 m 0 U U '� U '� N 9 a L C 5 E R 3 U 9 2 as L_ N C> y tU Y (n 41 41 O O 07 07 > d > > d d > O (.7 J Q p O F CC a1 > m O (.7 O (7 O ❑ O LL O T } C7 N O Z F a> Z > O a- F O F O N oC 41 m C W O N O 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 10/18/2011 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. 2 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. `4 Mfil [EAHA -Awl .s f I d "t vo r owl b 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 10/18/2011 7 -2 -3 / 11 y,P J . I 1A i PROPOSED - 1�_ ROUNDAB3V' I,R Y 0 � P 4 js 1 TO LIOM; - ■ P=5- RIF IGE ROHfA�E ROAD B Y O PEDESTRIAN URIC', Rr51 DENiIAL GAFAGE 4 � q TRANSIT- .rfER - . • a. � I.. _ THE RITZ CARLTa 0 OLEi PLAi11 !(°� !pi. a� 4H, 6�ai�R tp •b.. GAR= Y. =C'tik .� ■ GAS l;EGULAYOR � • p - -! i .. �y _ �1110" �* � •cPJ r� G �p LAC�rY a •a:,.:i 'EWRA1 41 Ff:'Rd Y�. [ SR7] FAG PLAZA a `� PPOPOSED SMOW -+ WE SIDE �1 �' ERVF.A jk P - sTORAGE - , '% t . • ®B r TREATWNT J '0 PLMT PEP ,FRB r 'tn •.�- r 40 - - c eae• 4 • � t t � � - *. � � I'LL iti `� ... � �s!' .� 1 ~ 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 i P1,7rr DEAR i �� `n r 1 i 1 i + ! i I i 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 � 1} �wr� � �, ■ • ��,� _fit• y�• � W �; • / � � iii} �: too 60 " 4:74��. IL :.• �..�- � ~` to .rte ■ l 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. Jr ; WI, ti .. /+ _ Ala 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 x 10/18/2011 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 _S EO ROUND � •� ouNO Agaur • r a % r`, a ems° ► ^a'` ff *o 1 a --G 0. ■ TQ Lai: r �f ' C • TRANSIT CENTER 5 -. i E", CE a] PROPoSE9 FRGMV2 RGAG swI .•. ■ . P iN ' n -E 5� 0 ENCE� DENCES ��• � � '�` � E P CLw ING WALL TDWER y . a 'Gi'L PEAyA �y PEGESTrRAN 6F'iWE - •:� , ' ,� vJ ,]' Ehy f; GA.4AGE ' 7r fNTAANLf • r - .•_•• -_ _..- . CAS REMLAMR • r .:! ' _ '� -C l {l.1' arnvosso smw / w£oCPtlRT k ; - as ERv4s {� d STO GE w T�i 0 A as 0-1 PLM PEDMIKE 's - f a J� M J .;loop� - - Figure 5 -21a: Conceptual Realignment of the South Frontage Road 10 10/18/2011 7 -2- 10 r + w 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. 11 10/18/2011 7 -2- 11 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. 12 10/18/2011 7 -2- 12 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 -. rij Figure 5 -22: Conceptual Transit Facility and Bus Stops 13 10/18/2011 7 -2- 13 r l i r+ c` // LEGEND: �5.5l�1R CNI CpyEREp E�CvaE R+.C�3 DROMEE wRE� Ho7¢ 9HUTRE MAKwO E.RRwCE Ai 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' • � . - �— LOA: _ ^- _ -r. I IJIA sop � Y Figure 5 -22b: Conceptual Gondola and Mountain Portal 14 10/18/2011 7-2-14 1 m ry p C. Lk rm 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. 15 10/18/2011 7 -2- 15 LEGEND: PEDESTRMONLY mm-n-usE PATH M r _ Figure 5 -22c: Conceptual Pedestrian and Bicycle Circulation 5.17.7 Public Spaces and Plazas OEM �..� •' *r + low V t� to • ■. 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 7 -2- 16 1 , rf u ����/ • APO*° . CLWSING WAu TOWER B �ROPoSEO�� RO�1N0 A90[IT r J s w Figure 5 -22d: Conceptual Plan For Plazas, Public Spaces and Connections 5.17.8 5 r,'- -o Preservation of Existing Office and Retail Space I� ■ M1 a60 Oow[{Ty i M ❑ uomswE ,� r A F 1�+ wEST uORSRE CiRCI'c o F 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 10/18/2011 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 18 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- �.� 1L;A • i! 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 VAIL SANT'.1TION PLAN' RE- ALIGNED FOREST ROAD COPNECT7DN tv - V . � 4 tiy� � 1 --• � �r • r i ,+ Lam` tr r k ✓ 4� �:sl ..T 'f' R W SCOPE VAIL ASSOCIATES • ` � � gStRvi 'ARL . EMPLOYEE HOUSING D PTv ENT PARCEL VAR ASS(X'IAT'FS SF_RAolCEi YARD VFLOPMEW PARrF.i. WEST DAY LOT DEVELOPN ENT PARCEL Figure 4 21 -R'est Liomshead CimlaatA A1l&-nahv,e '.4'- Sourhhron &3ge fixed He -ethg t Figure 5 -21 to be deleted. 29 10/18/2011 7 -2 -29 PmEST-U�,Tk"Srr CORRMOR MAINTAIN EMST•!r]G r-- FOREST ROAD CONN£C nON VAIL SAMTATION PLANT POTENTIAL WOU}iTAM SERVICE ACCESS RO r v ►y' f V 1 ►r RF Ai 1CiNFD S.0trrH -" FRONTAGI ROAD �►^'�. •' UCED SCOPE VA1L A&GUArES f. ` S VICE YARD FMP[AYEE 14OUS G DEVELOPMENT PARCEL VAU.ASSOCIATES SFRVICE I7EVELOPM&ENT PARCEL DAY I -OT nFVFJ -OPfL, EW PARrFU '--- R3 -ALI WEST UONSHEAD CIRCLE 3.2: - We,e l.eowhead C ircu[anan.ilterrarz%,w B' -.Smah Ftonsagr Road Re- Aftgwemt Figure 5 -22 to be deleted. 30 10/18/2011 7 -2 -30 Ir F0 L ■ 1 7 ' if •-/ ,�r tit f � T V `� MAINTAIN EMST•!r]G r-- FOREST ROAD CONN£C nON VAIL SAMTATION PLANT POTENTIAL WOU}iTAM SERVICE ACCESS RO r v ►y' f V 1 ►r RF Ai 1CiNFD S.0trrH -" FRONTAGI ROAD �►^'�. •' UCED SCOPE VA1L A&GUArES f. ` S VICE YARD FMP[AYEE 14OUS G DEVELOPMENT PARCEL VAU.ASSOCIATES SFRVICE I7EVELOPM&ENT PARCEL DAY I -OT nFVFJ -OPfL, EW PARrFU '--- R3 -ALI WEST UONSHEAD CIRCLE 3.2: - We,e l.eowhead C ircu[anan.ilterrarz%,w B' -.Smah Ftonsagr Road Re- Aftgwemt Figure 5 -22 to be deleted. 30 10/18/2011 7 -2 -30 + r � r � � do �W F M . • r 1 rL H A EXISTING FOREST WAD ALIGNNMNT VAIL SANM4.110N rtaxr PorzrrrnAL MOUNTA N SERVIC ACMESS ROi17'E _1r t +� = , 40 ,r 4� v -�; �G l - ,,►-7 RFrnr .. . VAIL ASSSM. A'TF3S SERVICE Y El�CAYEE HOUSING PM 4T PARCEL VAIL ASSbCIATES SERVICE YARD FARCEI EDiiSTU" CR065II�IG ACRDSS SOUTH FRO Row AIN FJGSIWG SOUB FRONTAGE ROAD AiIGWAE ", WEST LOT DEVELDMENT PARCEL MISTING LtONSHEAD CiRUE AUGNNENT / Ft wre 5 -23 -Wwt Liowhead Clrr ukrd n AL4ovuWw 'A' - Wainrjir Eid:dnE WC Paffemf Figure 5 -23 to be deleted. 31 10/18/2011 7 -2 -31 GORE CREEK Mk RE &MON PATH -- POTENTIAL. WEST DAY LQT DEVE 40 .: �• V - - �.,.•'. PANT so old fy ti mq d, C �r RE -AL WM FOREST ROAD POTEMLAL VAIL RTS SERVICE YARD DE OPMENT WEST LION SHEAD TRANSITFP TRIAN CORRIDOR I PEDESTRiAN PATH "GREINBUr CQNNiE(.�Ii TO GOSE CREEK CORRIDOR WEST I.MNSHEAD CIRCLE PRIMARY PEDESTRIAN W Ftgwv 5.24 Figure 5 -24 to be deleted. 32 10/18/2011 7 -2 -32 J ,1 ,' ' 1.• W ,n ;.� - . LY N Q •� a �o W to �1 r � a O ko , Figure 5 -25 to be deleted. 33 10/18/2011 7 -2 -33 r: N z D H H J F [7 N N Q u z a 3 C7 O a W z D_ J r N 3 N Ln CC t7 LL 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 - 1 - 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 -2- 10/18/2011 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 -3- 10/18/2011 9 -2 -3 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 -4- 10/18/2011 9 -2 -4 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 0 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 10/18/2011 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