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HomeMy WebLinkAbout2012-04-03 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA FQ IV OF VA10 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., APRIL 3, 2012 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public 2. ITEM/TOPIC: Consent Agenda: 1) Resolution No. 16, Series of 2012 ERWSD Matterhorn Circle Bridge Replacement IGA. (10 min.) PRESENTER(S): Various 3. ITEM/TOPIC: Town Manager Report: 1) Emergency Evacuation discussion; 2) Lionshead Welcome Center Community Space final discussion on rates; and 3) Lionshead Welcome Center Community Space Naming discussion. (15 min.) PRESENTER(S): Stan Zemler 4. ITEM/TOPIC: First reading of Ordinance No. 3, Series 2012, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Heavy Equipment Fund (30 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 3, Series 2012 BACKGROUND: Please see attached documentation STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 3, Series 2012 5. ITEM/TOPIC: ACE —Athletics, Culture and Events Independent Funding Initiative (15 min.) PRESENTER(S): Mia Vlaar 4 ; _'01 ACTION REQUESTED OF COUNCIL: ACE requests the Town Council appropriate up to $15,000 to fund a voter poll to gauge support for the independent funding initiative. Results will be presented to Town Council upon completion at the next available meeting for further input and direction. BACKGROUND: One year ago a group was formed at the direction of the sitting Town Council to explore the creation of an independent funding mechanism for events and programs in Vail. Currently the Town Council allocates approximately $2.1 million out of the general fund to support athletic, cultural and other special events in the town on a year round basis. Creating a larger fund is the goal, because this will allow the Town to sustain existing events and attract and secure new events which drive destination guests and thereby lodging and sales tax revenue. STAFF RECOMMENDATION: ACE requests the Town Council appropriate $15,000 to fund a voter poll to gauge support for the independent funding initiative. Results will be presented to Town Council upon completion at the next available meeting for further input and direction. 6. ITEM/TOPIC: Ford Park Summer Parking Rates Summer 2012 (15 min.) PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Approve the parking rate increase from $5 to $10 per event day. BACKGROUND: Staff has met with all Ford Park "user groups" to discuss raising the in-close parking fees to a level that at a minimum will cover the disparity between revenues and expenditures. $5 in-close parking was implemented soon after the passage of the Ford Park Management Plan in April 1997, but only after the South Frontage Road path was extended from the park to the Village Parking Structure. At that time, Council felt comfortable that park users had sufficient choices available to them as to how to access the park. Almost 50 paid and managed parking days have been identified for the upcoming summer. With the success of the express shuttle from the LionsHead Parking Structure to Ford Park over these days + approximately 25 more (covering Sunday Farmer's Markets and other assorted special events), it is now felt that in-close parking should pay for itself(and should close a $20,000 gap). An increase of$5 to $10 per event would cover this expense. User groups have been offered a discounted rate to satisfy their direct user's needs. STAFF RECOMMENDATION: Approve the parking rate increase from $5 to $10 per event day. 7. ITEM/TOPIC: East Meadow Drive Reconstruction (15 Minutes) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Reallocate funds from the 2013 budget to the 2012 budget in order to expedite the replacement of the heated streetscape wihtin East Meadow Drive. BACKGROUND: East Meadow Drive, from the Solaris bus neckdown to the Vail Road bus neckdown, reconstruction was completed in the spring of 2005 4 2012 and then modified in 2008. Since that time there have been a numerous snowmelt leaks within the snowmelt tubing. Staff believes that the condition of the sand and snowmelt has reached a point where it is necessary to replace the pavement section. Staff recommends replacing the existing pavement section (pavers, sand, snowmelt and asphalt) with a new section consisting of asphalt set pavers on top of snowmelt embedded in concrete. This particular new concrete section has been used successfully at the bus neckdowns; at the Austria Haus, Solaris, and Vail Road. The 2013 budget is carrying $500,000 for the replacement of this heated paver section. Staff suggests moving these funds from 2013 to 2012 and completing the repairs this spring. STAFF RECOMMENDATION: Staff recommends supplementing the 2012 budget in the amount of$500,000, and removing the same amount from the 2013 budget; and to direct the Town Manager to enter into a contract, in a form approved by the Town Attorney, with B&B Excavating in the amount of $319,008.56 in order to complete the work this spring. 8. ITEM/TOPIC: Ordinance No. 2, Series of 2012, an ordinance amending 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 (VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) (30 min) PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant requests that the Vail Town Council approves Ordinance No. 2, Series of 2012, on first reading. The applicant request that the Vail Town Council tables Resolution No. 7, Series of 2012, to its April 17, 2012, public hearing to correspond to the second reading of the associated Ordinance No. 2, Series of 2012. BACKGROUND: On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed Ordinance No. 2, Series of 2012, and , Resolution No. 7, Series of 2012, by a vote of 4-1-1 (Rediker opposed and Pratt recused). The purpose of the proposed ordinance is to establish a new zone district, the Vail Village Townhouse (VVT) District; and the purpose of the proposed resolution is to establish related design guidelines as part of the Vail Village Master Plan. The purpose for establishing a new zone district and related design guidelines are as follows: - Streamlining the development review process by establishing a new zone district to specifically address townhouse properties which reduces legal non- 4 3 _'0i, conformities and the need for future variances. - Create incentives for redevelopment of existing townhouse properties. - Preserve the existing residential character of the townhouse properties and the neighborhood. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves the first reading of Ordinance No. 2, Series of 2012. The Community Development Department recommends that the Council tables Resolution No. 7, Series of 2012, to its April 17, 2012, public hearing to correspond to the second reading of the associated ordinance. 9. ITEM/TOPIC: First reading of Ordinance No. 6, Series of 2012, an ordinance reestablishing "temporary business office" as a conditional use within the Lionshead Mixed Use 1 District, and setting forth details in regard thereto. (10 min.) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2012, upon first reading. BACKGROUND: On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004. This ordinance created the "temporary business office" land use and established it as a conditional use within the Lionshead Mixed use 1 District. Within the ordinance there was a provision causing the land use to cease being a conditional use on December 31, 2008. The purpose of the text amendment was to provide adequate temporary sites and locations for existing business offices currently in Lionshead that are displaced for a period of time during construction in Lionshead. On March 5, 2012, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to reestablish "temporary business office" as a conditional use within the Lionshead Mixed Use 1 District. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 6, Series of 2012, on first reading. 10. ITEM/TOPIC: Resolution No. 15, Series 2012, A Resolution Approving The Conveyance Of A Portion of the Real Property Located at 75 South Frontage Road, Vail, Colorado (The Town Hall Property) From The Vail, Colorado, Municipal Building Authority And Accepting Such Property (5 min. ) PRESENTER(S): Matt Mire and George Ruther ACTION REQUESTED OF COUNCIL: Approve Resolution No. 15, Series 2012 BACKGROUND: The real property described in Resolution No. 15, Series 4 3 -'0i, 2012, (the "Property") was owned by the Vail, Colorado, Municipal Building Authority (the "Authority"), a Colorado non-profit corporation. The Authority was originally incorporated in 1970 and again in 1985, for the purpose of financing the construction of Town facilities on the Property. Pursuant to the Authority's Articles of Incorporation, The Authority was to convey the Property back to The Town once all outstanding debt on the Property was fully satisfied. All outstanding debt on the Property has been fully satisfied. On or about March 22, 2012, The Authority conveyed the Property to the Town. The Town Council, via Resolution No 15, Series 2012 wishes to approve such conveyance and accept the Property. The Council will then Authorize the conveyance of the Property as set forth in Ordinance No 4, Series 2012. STAFF RECOMMENDATION: Approve Resolution No. 15, Series 2012 11. ITEM/TOPIC: Second reading of Ordinance No. 4, Series of 2012, an ordinance authorizing the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, (the "Town Hall Property") to Vail MOB, LLC, for the purchase price of$5 million, and setting forth details in regard thereto. (20 min) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 4, Series of 2012 on second reading. BACKGROUND: The Town of Vail, in cooperation with the Vail Valley Medical Center and the Steadman Clinic, wishes to redevelop a portion of the Town's property located at 75 South Frontage Road. To do so, the ToV, VVMC and SC signed a memorandum of understanding, which in part, acknowledges the sale of a portion of Town property to VVMC and SC for$5 million. The purchase price was established based upon a value of use appraisal completed for the property. Pursuant to the terms of the purchase and sale agreement, the title to the property shall not occur until such time as a building permit for the new medical office building is ready for issuance and a construction loan guaranteeing the construction of the building is secured and ready for funding. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council approves Ordinance No. 4, Series of 2012 on second reading, as read. 12. ITEM/TOPIC: Ever Vail - The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2012 be continued to the April 17, 2012, public hearing. 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) 4 2012 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/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011): A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011): A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) (5 min.) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the April 17, 2012 public hearing. BACKGROUND: 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 4 3 -'oi, Subdivision, by a vote of 4-0-2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12-10-19, Core Areas Identified, Vail Town Code, by a vote of 4-0-2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the April 17, 2012 public hearing. 13. ITEM/TOPIC: Adjournment (9:05 p.m.) 4 3 -'oi, K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: Citizen Participation PRESENTER(S): Public 4/3/2012 Lorelei Donaldson From: dave kraft <starshipcommander @gmail.com> Sent: Tuesday,April 03, 2012 8:44 PM To: Council Dist List Cc: commdev @vailgov.com; Nina Timm Subject: the collateral damage of the police vendetta against Hummers of Vail Dear Suzy,Town council, Mike Rose,Skip gordon, Greg Hall,John Ervin,Jim Carstenson, Hal Logan,Sweet Cindy,and the spirit of Earl and Pete. Now I now why I seldom speak at town council meetings.Too much emotion involved to relay the message I wanted to without cracking the armor. I could barely get the words out of my mouth.This is what I wanted to tell them... I don't know if you heard anything about the taxi mafia war in Vail, but there is one raging. It's basically the same story everywhere.Two carriers decide that no one else has a right to earn a living but them.So there's a battle for dominance. In any battle,there's always collateral damage. Instead of competing fairly,they seek to dominate through intimidation, manipulate color of law and through unscrupulous business practices. It's greed run amok. I am caught in the cross hairs of a conflict I had nothing to do with starting. I was driving at VTC long before any of the current players; even decades longer back to 1981. 1 always try to be friendly with other users of the VTC and courteous. I can't control what other carriers do. It's a raw deal being punished for the conflict between the Hummers of Vail driver and the Vail Cascade's bus driver-for over a year now.The Hummers were blocking the hotel buses one night and their driver told the Cascade Driver to take a flying leap when he asked Hummers to move. It put a burr in his saddle the size of Manhattan.The Cascade Driver later became a Vail Policeman. He spearheaded the"effective revocation"of all limo companies access. I had nothing to do with their fight but I got punished just the same. Revoking my access after 20 years of driving to VTC has destroyed me in a financial and spiritual sense. I am one of the few that does some charity transportation for the legal tender impaired.The police department is used as a weapon of revenge on Hummers. It's ironic that in the process of trying to destroy Hummers,the police actually make them stronger by eliminating their meager competition with access revocation and police state shakedowns that the small carrriers like me can't endure.Levine has an inexhaustible supply of funds to weather the storm,while I drown and have to deal with the shame of being unable to pay rent. An example of jealous competitor sabotage is being the most notorious offender of a crime,while simultaneously accusing your competition of it to police.That's exactly what Hummers of Vail has done to me.And the police jump to the owner's bidding as if the report carries any grain of truth compared to what Hummers does every single day.They don't identify it for what it is-jealous competitor sabotage dubbed"JCS"for short. I have endured the JCS sabotage for years now and it is tiresome being harassed by police time after time. Not once have I stooped to that snake belly level and responded in kind.The cops have never received a petty JCS complaint from me and they never will.That shows respect for the police's time that the limo and taxi mafias disrespect when they make JCS reports about me. I just keep taking the cage rattling like a man and it's reached the point that it's unbearable as a free American. The Vail Police fined one of my fellow limo drivers$500 just for being at the transportation center. People will call me from an empty cab line with no cab in sight. I can hear their teeth chattering.There's dozens of stranded travelers all trying desperately to get home at 2:20AM. Did you know I tell them I can't pick them up unless they walk into the street since I can't risk a$500 fine?Nice and safe isn't that?The Police's"effective limo prohibition"at VTC has cost me many thousands in lost business. It's a scandal whether you want to acknowledge it or not. Meanwhile dozens of frosty travelers shiver in the night. Makes perfect sense,right?The idea that the taxi company's territory is protected with a militant vengeance,while it fails to supply peak demand is ludicrous,absurd and ridiculous.Who suffers?The traveling public and Vail's first class image. I'm just collateral damage. How many other long time locals have experienced similar"arbitrary livelihood destruction by town policy"?... abbreviated"A.L.D.". I bet there's plenty of them that got ALD-eed. Notice how close the words"policy"and"police"are. The Police are now in charge of who makes a living in this town and who does not.The Police banned luxury limos from the transportation center to punish Hummers of Vail,whom the Chief appears to have a grudge against the owner,Jonathan Levine. I work for a different outfit and yet I still get treated like the unwelcome trespasser no matter where I go,not just VTC.The former Cascade Driver who is now Police also has a vendetta against Hummers of Vail that is separate and distinct from the Chiefs,yet it is fused into a policy of destroying all limo companies through access revocation and"papers please"harassment. if that's not their intention, it's the result none-the-less. If you want to ignore the results,go right ahead. One night a Vail Cop comes up to my Escalade down at the Christiania. He said that I couldn't wait there because"what if a fire engine was coming?"...When I said that I would see and hear a fire engine coming and move fast if necessary, he had no answer to my brilliant solution. He just walked away as if to say just rattling your cage to remind you police won't rest until you are all gone'.(If I could translate that encounter from cop speak)-that's what that meant. Everywhere you go it's"papers please"without the"please" part. Imagine any other business in town receiving a police order for business records without a warrant.What would their reaction be if meanwhile their competition was a protected and favored class?The taxi company is treated like royalty and gets to violate any rule 1 they want,especially the violation of the combined rides rule without consent of first traveling party. It's more than selective enforcement,it's punitive and vindictive enforcement towards an entire sector of transportation while white gloving the Police's favored class-taxi. The Police have made late night limo driving so unpleasant,so thankless and so unprofitable, I can't afford to live in Vail's driver housing any longer. Normally I have thousands saved for the off season. Because of the bad snow year and effective limo prohibition, I will have crumbs to make it to summer. March is almost a total loss compared to past years.$764 rent is close to out of reach now if I wanted to eat as well.Thank you Vail Police,screwing the 20 year local out of a job,a viable one that is. Maybe the Chief will be voted Humanitarian of the Year. He's a prince of a man. He did not ban limos outright... he"effectively banned"them.The difference is about the width of a human hair. By the way... I was not granted an interview after I applied for the town bus driver job posted. I have all the necessary certifications, perfect driving record and know every route frontwards,backwards and sideways. Not even a phone call to say"no thanks, Dave". That's a cold slap in the face while I live next to dozens of Australians that all got the job.Would you want to stay here if your job had been outlawed?What if you had also been black balled from being a bus driver as well? I am starting to really resent living next to dozens of foreigners that have a job when I am as qualified to drive a bus as any them. I think that after you consider how much the Police's vendetta against Hummers has cost me, it would be fair to ask to be released from my lease and refunded my last month's rent and damage deposit in full. In return, I will leave the unit in better condition than I found it. I will also have the carpet cleaned better than I found it because I could really use every penny to move to a ski town where limo driving is not a crime.Vail bans its own official car from the Transportation Center.That's a great headline. This town is the definition of a fascist police state. No wonder so many long time locals have given up and moved on.This town has no qualms about crushing the little guy. it's awfully hard to explain why Police would so systematically target the limo companies for harassment,marginalization,vilification and revoke fair access to VTC?It sure looks like this is more than just a vendetta.The Police are the lynch pin in the Vail Taxi Mafia.Without the police's power of banning fair access to the VTC and harassing us everywhere else,the Taxi Mafia tyranny would fall apart and the market place would once again determine the winners and losers instead of the government.This town reeks to high heaven of corruption. I am calling bullshit on it. I could get a fairer deal in Chicago from the other Mayor Daly. Perhaps Andy is just too busy with his Powderhom Ski Area now to wont'about the Police engineered demolition of a 20 year local's job. I just don't matter to this town,another casualty of Vail's Taxi Mafia War. Am I really just another expendable and disposable local?The answer has been shouted from the mountaintop. There's only one reason why I showed up and spoke at Vail Town Council tonight. It was a commercial the President of Copper Mountain made years ago. He said that he guaranteed the satisfaction of Copper's customers based on ski conditions. If they didn't like the ski conditions after runs were skied,they could get a refund. I thought that took balls the size of Gibralter. I had respect for that to this day that is unequaled in the ski world now and forever.Can anyone name the guy? j: r i` f 2 ' K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: Consent Agenda: 1) Resolution No. 16, Series of 2012 ERWSD Matterhorn Circle Bridge Replacement IGA. PRESENTER(S): Various ATTACHMENTS: Resolution No. 16, Series of 2012 4 ; -'oi RESOLUTION NO. 16 Series of 2012 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Eagle River Water and Sanitation District (the "ERWSD") is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the ERWSD may decide; WHEREAS, the Town has to demolish and reconstruct the Matterhorn Circle Bridge and the ERWSD has infrastructure on the bridge; WHEREAS, the Town and ERWSD desire to work together to authorize and accomplish the construction of the bridge; and WHEREAS, the Council's approval of Resolution No. 16, Series 2012, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the ERWSD on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of April, 2012. Andrew P. Daly, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 16,Series 2012 4/3/2012 2- 1 - I EXHIBIT A Resolution No. 16,Series 2012 4/3/2012 2- 1-2 X'VX% MATTERHORN CIRCLE BRIDGE REPLACEMENT THIS AGREEMENT is made and entered into this day of 2012, by the TOWN OF VAIL, a political subdivision of the State of Colorado ("Town") and EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado, ("District"). Collectively these entities are also referred to as the "Parties". RECITALS WHEREAS, the Town of Vail is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; and WHEREAS, Eagle River Water and Sanitation District is a water and sewer District organized and existing under the Colorado Special District Act; and WHEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; and WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; and WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, it is recognized by the Parties, that the public health, safety and welfare of their inhabitants is best served by providing high quality water, sewer and storm drainage services; and WHEREAS, the Town has to demolish and reconstru*the Matterhorn Circle Bridge ("Bridge"); and WHEREAS, the District has infrastructure on the existing structure; and WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the construction of the Project; and WHEREAS, each of the Parties hereto has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: 1. Temporary Construction Easement. The District grants the Town a temporary construction easement on the District's Parcel to reconstruction the Bridge and Districts infrastructure in accordance with the Contract Documents and plans for the Matterhorn Bridge Replacement Project, Project No. BROM306-005 (18033). 2. Costs. The design and construction costs for replacement of the Bridge and Districts infrastructure, and restoration of the District's Parcel will be paid by the Town. 3. Cooperation. The Parties agree to cooperate in the planning, design, construction, inspection necessary to implement the purposes of this Agreement. 4. Warranties. For any work that the District determines does not conform to the Project or District specifications, or needs to be completed under warranty conditions (where the applicable warranty has not been transferred to the District), the District shall notify the Town and the Town will notify the Contractor under the terms of the Town's agreement with the Contractor. 5. Release from Liability. The Parties are affecting this undertaking to achieve mutual benefit; and, accordingly, hold each other harmless pursuant to Section 18 from all but gross negligence in executing the terms of this Agreement and completing the Project. The Parties agree to utilize their best efforts in performing all terms of this Agreement. 6. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and the terms containedherein, andthat any breach hereot which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. 7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 8. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the District Court for Eagle County, State of Colorado, pursuant to the appropriate rules of civil procedures. 9. Captions. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 10. Binding Agreement upon Successors and Assigns. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 11. Interested Persons. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Town and the District, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any ways the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 12. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: Iown of van 75 South Frontage Road Vail, Colorado 81657 With a Copy to: Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water and Sanitation District Linn Brooks, General Manager 846 Forest Road Vail, Colorado 81657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. 13. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 14. Waiver. The waiver of any breach of any of the provisions of this Agreement, by any party, shall not constitute a continuing waiver of any subsequent breach by that party, either of the same, or of another provision of this Agreement. ana executea ny the varties nereto. k 16. Duplicate Originals. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. 17. Separate Entity Status. In no event shall either party, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. 18. Indemnification. Each party, to the extent permitted by law and subject to all of the immunities, defenses and protections afforded to that party by the Colorado Governmental Immunity Act, shall indemnify and hold harmless, the other party, its officers, directors, employees and agents from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying parry and rising out of the performance of services under this Agreement. 19. Force Mai eure. No party shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate this Agreement and shall not affect this Agreement except as provided in this Section. 20. Entire Agreement of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. EAGLE RIVER WATER AND SANITATION DISTRICT . x By: Li Broo era Manager E Attest: t P TOWN OF VAIL By: Stan Zemler, Town Manager Attest: f Lorelei Donaldson, Town Clerk APPROVED AS TO FORM /2/X Ma Mire, Town Attorney s K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: Town Manager Report: 1) Emergency Evacuation discussion; 2) Lionshead Welcome Center Community Space final discussion on rates; and 3) Lionshead Welcome Center Community Space Naming discussion. PRESENTER(S): Stan Zemler ATTACHMENTS: TOV Emergency Evac Doc Emergency Evac PDF Lionshead Welcome Center Community Room Memo 032712 Lionshead Welcome Center Name Challenge 4/3/2012 EOP Appendix J March 4, 2007 Town of Vail Emergency Evacuation Plan The purpose of the Vail Emergency Evacuation Plan is to inform the citizens and guests of Vail on how to respond to an emergency requiring evacuation and also serves as a guide for the Town of Vail emergency responders. The Emergency Evacuation Plan includes plans for both a partial or full evacuation of the town. The residents of Vail should be presented with the information in this plan twice a year, in June and December. The Community Information Office will provide the information through local media, and will also be available on the Town of Vail website (www.vailgov.com). The information provided will include emergency broadcast information, recorded information available by phone, neighborhood pick-up locations, evacuation center locations, shelter locations, and a notification for citizens with special needs. This will ensure the community understands how to obtain information and understand the critical steps to the evacuation process. Evacuations will be organized through the Incident Command System. When implementing the Emergency Evacuation Plan, the Vail Communications Center will utilize the Emergency Phone Notification, also known as Reverse 911, the Emergency Alert System via AM/FM radio stations or through Roam Secure text messages to the homes, hotels, and businesses in the affected area(s). The message will contain emergency and evacuation instructions. When time and personnel allow, first responders will drive through neighborhoods and make public notifications on the emergency vehicle loud speakers or go door-to-door. Evacuation Center Check-In Locations(one or more may be designated): 1. Village Transportation Center Alternative locations: 2. Lionshead Parking Structure 3. Donovan Park Pavilion 4. Battle Mountain High School Evacuation Instructions: A. Self-Evacuation by Vehicle: 1. Exit the area/neighborhood in the safest direction 2. Respond to the predetermined Evacuation Center check-in location B. Evacuation by Public Transportation: 1. Respond to the nearest neighborhood bus stop 4/3/2012 3- I - I a. Citizens will then be transported to the evacuation center to check-in. C. Shelter in Place: 1. During some types of incidents, such as a hazardous materials spill, or communicable disease, the public may be asked stay inside and not evacuate, or due to the rapid spread of a wildfire they may not be able to leave. For these reasons citizens should be prepared to stay in their homes for a minimum of 72 hours and have enough supplies on hand to support the number of residents living there. See www.ready.gov for more details. Homes should be made Firewise to increase the safety of sheltering in place during a fast moving wildfire. See www.firewise.org for more details. Citizens who self-evacuate or evacuate by public transportation will be asked to indicate that they have already evacuated their residence by displaying a large, white object, such as a sheet inside the residence, in a visible, conspicuous location, in the front, street-side of their home and to turn on their porch light. Neighborhood Bus Stops: The current neighborhood pick-up locations are the Town of Vail bus stops. If possible, the buses will follow their regular route. If a resident or guest is unable to make it to their neighborhood bus stop location, then they should respond to the nearest alternative bus stop or alternative pick-up location for a safe evacuation, see below. Domestic pets may accompany evacuees as long as they are on a leash or contained so they will not injure other evacuees or their pets. Pets will not be allowed at shelters and the Town will work with the Eagle County Animal Control to house pets of individuals that are housed in shelters. Alternative Pick-up Locations: 1. Fire Stations 2. Schools 3. Village Transportation Structure or Lionshead Parking Structure Special Needs Population: These are citizens and guests that will require assistance leaving their residence or those who have medical needs that require electricity in the case of a power outage. This is only for those who do not have transportation and cannot make it to the designated evacuation center or neighborhood pick-up bus stop location. The citizen provided information will be relayed to the Vail Police Department and Eagle County Ambulance District in order to preplan and determine how many special needs persons require assistance, their location, and how to transport them appropriately during an evacuation. 4/3/2012 3- 1-2 Recorded Information: The Town of Vail will provide the public with a telephone hotline to receive updated information. The road conditions phone number will be used during evacuations for the hotline (970) 479-2226. It will be a recorded update in an attempt to reduce a possible overwhelming call volume to the dispatch center. The recording will be made by the Town Public Information Officer(PIO), who will be designated by the Incident Commander. Whenever possible, the updated information will also be posted on the Town of Vail website (w)Aw.vailgov.com) and on the Eagle County website (www.eaglecounty.us). Vail Mountain: People who are on Vail Mountain when an emergency situation takes place in the Town of Vail should remain on the mountain, as long as it is safe. Vail Resort employees may then reroute them across the mountain or shelter them in one of the buildings on the mountain. Vail Resorts Security will be responsible for organizing sheltering on the mountain or rerouting guests off in to town. Evacuation Center Check-in: There will be a system in which evacuees will check-in and be assigned to a temporary shelter, or be released to take care of their own shelter needs. The required check-in information will consist of the person's name, birth date, home address, cell phone numbers, and, if needed, which temporary shelter the person will be placed. Evacuees will be assigned to shelters based upon the area of their residence. Buses will then transport evacuees from the check-in location to their assigned temporary shelter. The Red Cross or Salvation Army will conduct check-in operations and set up a phone system whenever possible to assist those needing to locate family members. Vail Valley Medical Center Evacuation: Due to the massive coordination to evacuate the hospital all efforts will be made to defend and protect it from whatever the nature of incident. If the hospital is evacuated the VVMC plan will be put into action. Evacuation Incident Command Structure: Involved Departments: Primary Responsibility Police Department Transportation Department Community Information Office Secondary Responsibility Fire Department Public Works Department Eagle County Ambulance District Staffing Evacuation Center Check-In Locations Administration/Human Resources Department Library staff Secondary: Salvation Army and Red Cross Shelter Operations Salvation Army Vail Valley Cares Red Cross 4/3/2012 3- 1-3 Town of Vail Housing Administrator, Nina Timm Section #2—Emergency Evacuation Checklist Section #3 —Evacuation Transport Resources Section #4—Evacuation Pick-up Locations Section #5 — Shelter Locations 4/3/2012 3- 1-4 Section#2 Checklist Emergency Evacuation Checklist Vail Police Department Incident Command System Emergency Evacuation Checklist ❑ Potential for explosion. This checklist is intended to provide a ❑ Population of town in Peak reminder to responding officers, Season 45,000. supervisors and an incident commander ❑ Population of town in off season at the scene of a major disaster. It is 4,600. recommended that unified command be ❑ I-70 closures at Copper Mountain established to insure coordinated and/or Minturn. response with other involved agencies. ❑ No incoming traffic into the During a major disaster, Law evacuation area, except for police Enforcement and the Transportation escorts for people picking up Department are primarily responsible for children or special needs persons. the evacuation of the town or part of the ❑ Traffic Control, Crowd Control town for safety reasons. Additionally, ❑ Determine if disaster is a crime Law Enforcement is responsible for the scene. protection of a crime scene and they are ❑ Contact schools responsible for the traffic control, and ❑ Contact Eagle County Animal recovery following the disaster. Control and Animal shelters. ❑ Contact CDOT for sign Situation Assessment information and TOV VMS signs ❑ Location of disaster ❑ Contact Salvation Army (Vail ❑ Type of disaster Valley Cares) Greg Osteen or ❑ Size of involved area, actual and Tsu Wolin potential ❑ Assign Police Officers at shelters ❑ Specific area that needs to be and check-in locations resources evacuated allowing. ❑ Additional assistance needed, ❑ Set up containment/perimeter. Police, Fire, medical, federal, ❑ Consider traffic control at military, CDOT, VR security. Buffehr Creek and Chamonix ❑ Location of Command Post ❑ Set trigger points for evacuation ❑ Select radio frequency to be used and warning of evacuation ❑ Best available ingress/egress routes for emergency personnel Alerting the Public and vehicles. ❑ Reverse 911. (location of ❑ Contact Eagle County disaster, evacuation directions for Emergency Management, Barry people with transportation, Smith staging areas for people w/o transportation, location of Special Considerations shelter) RoamSecure ❑ Potential for disaster area to ❑ PIO or Comm. Center contact spread. ie; fire, chemical spill. media with evacuation info. 4/3/2012 3- 1-5 Section#3 Transportation Evacuation Transportation Some buses have handicap access. ❑ 35 Town buses; capacity (75pp) Standing and sitting room. Mike Rose ❑ ECO buses ❑ Avon/BC buses ❑ CME ❑ Eagle County School District Buses contact person: Melony McMichael 4/3/2012 3- 1 -0 Section#4 Pick-up Location Emergency Evacuation Pick-up Locations The pick-up locations are the current TOV bus stop routes. S # NEIGHBOR- PICK-UP LOCATIONS/BUS STOPS HOODS -Aspen Lane -Racquet Club -Columbine/Bighorn -Booth Falls -Bighorn Park -Lupine/Bighorn -Pitkin Creek -Meadow Lane East -Pitkin Creek -Falls at Vail -Meadow Dr -Falls at Vail 1 EAST VAIL -Lupine/Bighorn -Main Gore/Juniper -Booth Falls -Columbine/Bighorn -Main Gore/Bighorn -Bald Mountain Rd - Streamside Circle -Racquet Club Townhomes -Timber Falls - Streamside EBighorn -Hanson Ranch Rd. - 1610 Sunburst Dr. -Golden Peak -Club House 2 GOLF - Soccer Field -Pulis Bridge -Ptarmigan West -Ford Park COURSE -Ptarmigan East -Gore Creek Dr. - 1448 Vail Valley Dr. -Gold Peak 3 VAIL -E. Meadow/Vail Valley Dr VILLAGE -E. Meadow/Covered Bridge -E/Meadow/Crossroads IN-TOWN -E. Meadow/Vail Rd -W. Meadow. -W Lionshead Cir/Concert Hall Plaza 4 LIONSHEAD -W. Meadow/VVMC -W Lionshead Cir/Marriot IN-TOWN -W. Meadow/Dobson/Library -Lionshead Mall -Middle Creek -Vail View Red/Sandstone -Vail Run 5 SANDSTONE - Sandstone School - Sandstone Creek Club -Red Sandstone Rd - Simba Run -Vail Muni Building -Intermountain WEST VAIL/ -Cascade Crossing -Meadow Creek 6 SOUTH SIDE -Cascade Village - Spruce Creek -Matterhorn -Ptarmigan -Underpass -Chamonix -Upper Buffehr Creek 7 WEST VAIL -Holiday Inn -Timber Ridge NORTH SIDE -West Vail Mall -Lower Buffehr Creek -Vail Commons 4/3/2012 3- 1 -7 Section#5 Shelter Locations Shelter Locations In Vail: ❑ Vail Chapel ❑ Town of Vail Council Chambers if not being used for the Joint Information Center or Vail Valley Medical Center Alternative site ❑ Red Sandstone Elementary School Red Cross approved ❑ Vail Mountain School ❑ Dobson Ice Arena, if not being used as a hospital surge capacity facility ❑ Donovan Pavilion West of Vail: ❑ Battle Mountain High School ❑ Minturn Middle School ❑ Avon Elementary School ❑ Eagle Valley Elementary ❑ Eagle Valley High ❑ Vail Bible Church ❑ Trinity Church Edwards ❑ Avon Recreation Center ❑ Avon Municipal Building ❑ Homestead Court Club East of Vail: ❑ Copper Mountain Chapel 4/3/2012 3- 1-8 Vail's Evacuation Readiness What to Know In Case of An Emergency to Keep You Safe BEFORE AN EMERGENCY OCCURS • If you have medical needs or require assistance evacuating, ; notify dispatchers at 479-2200. • Sign up to receive emergency alerts,notifications and updates to pagers,cell phones and a-mails at www.ecalert.org. EVACUATION OPTIONS • If evacuating in personal vehicles,head to the frontage roads,then to 1-70 as directed. • To evacuate by public transportation,go to the nearest bus stop where a town bus will shuttle you to a check-in location. AS YOU EVACUATE Leave the porch light on and/or display a white object in a visible place to notify emergency personnel the home has been evacuated. TAKE ONLY HIGH PRIORITY ITEMS WITH YOU Prescriptions,medications,eye glasses,important documents,pet supplies,a child's favorite toy.Go to for details. PETS May accompany evacuees on a leash or crated.Emergency i personnel will work with local animal control to house pets. j DURING AN EMERGENCY • You could be notified via Reverse 911,the Emergency Alert System via AM/FM radio or door-to-door. • Listen to local radio stations for emergency information or call Vail's emergency hotline at 970-479-2226. www.vallgovcom/evac 4/3/2012 a Provided by Vail's emergency responders as a public servic e3-2- 1 9 I EOP Appendix J March 4, 2007 Town f Vail o a Emergency Evacuation Plan The purpose of the Vail Emergency Evacuation Plan is to inform the citizens and guests of Vail on how to respond to an emergency requiring evacuation and also serves as a guide for the Town of Vail emergency responders. The Emergency Evacuation Plan includes plans for both a partial or full evacuation of the town. The residents of Vail should be presented with the information in this plan twice a year, in June and December. The Community Information Office will provide the information through local media, and will also be available on the Town of Vail website (www.vailgov.com). The information provided will include emergency broadcast information, recorded information available by phone, neighborhood pick-up locations, evacuation center locations, shelter locations, and a notification for citizens with special needs. This will ensure the community understands how to obtain information and understand the critical steps to the evacuation process. Evacuations will be organized through the Incident Command System. g g Y When implementing the Emergency Evacuation Plan, the Vail Communications Center will utilize the Emergency Phone Notification, also known as Reverse 911, the Emergency Alert System via AM/FM radio stations or through Roam Secure text messages to the homes, hotels, and businesses in the affected area(s). The message will contain emergency and evacuation instructions. When time and personnel allow, first responders will drive through neighborhoods and make public notifications on the emergency vehicle loud speakers or go door-to-door. Evacuation Center Check-In Locations(one or more may be designated): 1. Village Transportation Center Alternative locations: 2. Lionshead Parking Structure 3. Donovan Park Pavilion 4. Battle Mountain High School Evacuation Instructions: A. Self-Evacuation by Vehicle: 1. Exit the area/neighborhood in the safest direction 2. Respond to the predetermined Evacuation Center check-in location B. Evacuation by Public Transportation: 1. Respond to the nearest neighborhood bus stop E E ki I i a. Citizens will then be transported to the evacuation center to check-in. ` C. Shelter in Place: 1 1 1. During some types of incidents, such as a hazardous materials spill, or communicable disease,the public may be asked stay inside and not evacuate, or due to the rapid spread of a wildfire they may not be able to leave. For these reasons citizens should be prepared to stay in their homes for a minimum of 72 hours and have enough supplies on hand to support the number of residents living there. See www.ready.gov for more details. Homes should be made Firewise to increase the safety of sheltering in place during a fast moving wildfire. See www.firewise.org for more details. Citizens who self-evacuate or evacuate by public transportation will be asked to indicate that they have already evacuated their residence by displaying a large, white object, such as a sheet inside the residence, in a visible, conspicuous location, in the front, street-side of their home and to turn on their porch light. a` Neighborhood Bus Stops: The current neighborhood pick-up locations are the Town of Vail bus stops. If possible,the buses will follow their regular route. If a resident or guest is unable to make it to their neighborhood bus stop location, then they should respond to the nearest alternative bus stop or alternative pick-up location for a safe evacuation, see below. Domestic pets may accompany evacuees as long as they are on a leash or contained so they will not injure other evacuees or their pets. Pets will not be allowed at shelters and the Town will work with the Eagle County Animal Control to house pets of individuals that are housed in shelters. Alternative Pick-up Locations: 1. Fire Stations 2. Schools 3. Village Transportation Structure or Lionshead Parking Structure Special Needs Population: These are citizens and guests that will require assistance leaving their residence or those who have medical needs that require electricity in the t< case of a power outage. This is only for those who do not have transportation and cannot make it to the designated evacuation center or neighborhood pick-up bus stop location. The citizen provided information will be relayed to the Vail Police Department and Eagle County Ambulance District in order to preplan and determine how many special needs €' persons require assistance,their location, and how to transport them appropriately during ' an evacuation. 1' i Recorded Information: The Town of Vail will provide the public with a telephone hotline to receive updated information. The road conditions phone number will be used during evacuations for the hotline(970)479-2226. It will be a recorded update in an attempt to reduce a possible overwhelming call volume to the dispatch center. The recording will be made by the Town Public Information Officer(PIO),who will be designated by the Incident Commander. Whenever possible, the updated information will also be posted on the Town of Vail website (www.vail og v.com) and on the Eagle County website (www.ea leg c�y.us). Vail Mountain: People who are on Vail Mountain when an emergency situation takes place in the Town of Vail should remain on the mountain, as long as it is safe. Vail Resort employees may then reroute them across the mountain or shelter them in one of the buildings on the mountain. Vail Resorts Security will be responsible for organizing sheltering on the mountain or rerouting guests off in to town. Evacuation Center Check-in: There will be a system in which evacuees will check-in and be assigned to a temporary shelter, or be released to take care of their own shelter needs. The required check-in information will consist of the person's name, birth date, home address, cell phone numbers, and, if needed, which temporary shelter the person will be placed. Evacuees will be assigned to shelters based upon the area of their residence. Buses will then transport evacuees from the check-in location to their assigned temporary shelter. The Red Cross or Salvation Army will conduct check-in operations and set up a phone system whenever possible to assist those needing to locate family members. Vail Valley Medical Center Evacuation: Due to the massive coordination to evacuate the hospital all efforts will be made to defend and protect it from whatever the nature of incident. If the hospital is evacuated the VVMC plan will be put into action. i Evacuation Incident Command Structure: Involved Departments: Primary Responsibility Police Department r Transportation Department Community Information Office Secondary Responsibility Fire Department Public Works Department Eagle County Ambulance District Staffing Evacuation Center Check-In Locations Administration/Human Resources Department i Library staff Secondary: Salvation Army and Red Cross Shelter Operations ' Salvation Army ' Vail Valley Cares Red Cross l � \ � \ \ Town of Vail Housing Administrator,Nina Timm ` ( ( Sego#—Emergency Evacu«SnChc Ba { Section¥3—Evcalto Transport Resources ( Section#—Evacuation Pick-up Locations r Se go A5—Shelter Locations { , { � ( . � [ ( [ [ [ [ ( ! ( ( [ (� � � [ [ [ [ ( ( ( [ ( [ / [ { ( I I i Section#2 Checklist s: Emergency Evacuation Checklist Vail Police Department Incident Command System Emergency Evacuation Checklist ❑ Potential for explosion. This checklist is intended to provide a ❑ Population of town in Peak reminder to responding officers, Season 45,000. supervisors and an incident commander ❑ Population of town in off season at the scene of a major disaster. It is 4,600. recommended that unified command be ❑ 1-70 closures at Copper Mountain established to insure coordinated and/or Minturn. response with other involved agencies. ❑ No incoming traffic into the During a major disaster, Law evacuation area, except for police Enforcement and the Transportation escorts for people picking up Department are primarily responsible for children or special needs persons. the evacuation of the town or part of the ❑ Traffic Control, Crowd Control town for safety reasons. Additionally, ❑ Determine if disaster is a crime Law Enforcement is responsible for the scene. protection of a crime scene and they are ❑ Contact schools responsible for the traffic control, and ❑ Contact Eagle County Animal recovery following the disaster. Control and Animal shelters. ❑ Contact CDOT for sign l Situation Assessment information and TOV VMS signs • Location of disaster ❑ Contact Salvation Army(Vail • Type of disaster Valley Cares) Greg Osteen or • Size of involved area, actual and Tsu Wolin potential ❑ Assign Police Officers at shelters • Specific area that needs to be and check-in locations resources evacuated allowing. • Additional assistance needed, ❑ Set up containment/perimeter. Police, Fire, medical, federal, ❑ Consider traffic control at military, CDOT, VR security. Buffehr Creek and Chamonix • Location of Command Post ❑ Set trigger points for evacuation • Select radio frequency to be used and warning of evacuation ❑ Best available ingress/egress routes for emergency personnel Alertine the Public and vehicles. ❑ Reverse 911. (location of ❑ Contact Eagle County disaster, evacuation directions for Emergency Management, Barry people with transportation, t Smith staging areas for people w/o transportation, location of Special Considerations shelter) RoamSecure ❑ Potential for disaster area to ❑ PIO or Comm. Center contact spread. ie; fire, chemical spill. media with evacuation info. l i I yt i I j Section#3 Transportation Evacuation Transportation Some buses have handicap access. ❑ 35 Town buses; capacity(75pp) Standing and sitting room. Mike Rose ❑ ECO buses 1 ❑ Avon/BC buses ❑ CME ❑ Eagle County School District Buses contact person: Melony McMichael i F; 1 g I I a 4 Section#4 Pick-up Location Emereency Evacuation Pick-up Locations i The pick-up locations are the current TOV bus stop routes. i S# NEIGHBOR- PICK-UP LOCATIONS/BUS STOPS i HOODS -Aspen Lane -Racquet Club -Columbine/Bighorn -Booth Falls -Bighorn Park -Lupine/Bighorn -Pitkin Creek -Meadow Lane East -Pitkin Creek 1 EAST VAIL -Falls at Vail -Meadow Dr -Falls at Vail -Lupine/Bighorn -Main Gore/Juniper -Booth Falls -Columbine/Bighorn -Main Gore/Bighorn -Bald Mountain Rd -Streamside Circle -Racquet Club Townhomes -Timber Falls -Streamside EBighorn -Hanson Ranch Rd. - 1610 Sunburst Dr. E -Golden Peak -Club House 2 GOLF -Soccer Field -Pulis Bridge COURSE -Ptarmigan West -Ford Park -Ptarmigan East -Gore Creek Dr. - 1448 Vail Valley Dr. -Gold Peak 3 VAIL -E.Meadow/Vail Valley Dr VILLAGE -E.Meadow/Covered Bridge -E/Meadow/Crossroads IN-TOWN -E.Meadow/Vail Rd -W.Meadow. -W Lionshead Cir/Concert Hall Plaza 4 LIONSHEAD -W.Meadow/VVMC -W Lionshead Cir/Marriot IN-TOWN -W.Meadow/Dobson/Library -Lionshead Mall -Middle Creek -Vail View Red/Sandstone -Vail Run 5 SANDSTONE -Sandstone School -Sandstone Creek Club -Red Sandstone Rd -Simba Run t -Vail Muni Building -Intermountain 1' WEST VAIL/ -Cascade Crossing -Meadow Creek 6 SOUTH SIDE -Cascade Village -Spruce Creek -Matterhorn -Ptarmigan -Underpass -Chamonix -Upper Buffehr Creek 7 WEST VAIL -Holiday Inn -Timber Ridge NORTH SIDE -West Vail Mall -Lower Buffehr Creek -Vail Commons i Section#5 Shelter Locations Shelter Locations In Vail: ❑ Vail Chapel • Town of Vail Council Chambers if not being used for the Joint Information Center or Vail Valley Medical Center Alternative site • Red Sandstone Elementary School Red Cross approved • Vail Mountain School • Dobson Ice Arena, if not being used as a hospital surge capacity facility i ❑ Donovan Pavilion West of Vail: l • Battle Mountain High School • Minturn Middle School ❑ Avon Elementary School ❑ Eagle Valley Elementary • Eagle Valley High • Vail Bible Church • Trinity Church Edwards ❑ Avon Recreation Center ❑ Avon Municipal Building ❑ Homestead Court Club : East of Vail: ❑ Copper Mountain Chapel l LIONSHEAD COMMUNITY ROOM Anticipated Community Room Usage— March 27, 2012 Submitted by Donovan Pavilion Management, Inc. A proposed rate structure is based on the following assumptions: 1) Complimentary Use A) Vail-only based non-profit groups: ■ Complimentary Use TOV covers cost of staffing ($30/hour), facility cleaning($32/hour) ■ Monday-Thursday only, varied hours of use ■ Set of criteria used to evaluate group request for complimentary use ■ Based on availability B) Eagle County based non-profit groups: ■ Discount off Eagle County resident rate ■ Monday-Thursday only, varied hours of use ■ Set of criteria used to evaluate group request for discounted use ■ Based on availability 2) Tiered Rate Structure— A) Standard Rate: Private or Corporate use • Published rate • Varied hours of use • Based on availability B) Eagle County Resident Rate: Private or Corporate use ■ 10% discount off published rate ■ Varied hours of use ■ Based on availability C) Vail Resident Rate: Private or Corporate use ■ 36% discount off published rate ■ Varied hours of use ■ Based on availability ■ Proof of residency required PROPOSED FACILITY RATES: Standard EC Rate EC Non-Profit Rate Vail Res Rate Vail Non-Profit* Monday-Thursday, 2 hours $195 $175 $125 $100 $100 Monday-Thursday,4 hours $390 $350 $200 $100 $100 Monday-Thursday, 6 hours $585 $525 $350 $100 $100 Friday-Sunday, 8 hours $780 $700 -- $500 -- Additional time: 2 hour blocks $200 • Estimated per Event Facility Cleaning $96 4/3/2012 3-3- 1 Marketing Plan Initial Activities- • Lionshead Community Room will be linked onto the Donovan Pavilion website • Various social media presence • Highlighted on Town of Vail website Management Fee (May 1 –December 31) A proposed management fee includes a professional staff of five individuals who assist clients by performing the following duties. An anticipated time investment of 670 hours is projected, based on a rate of$45/hour to equal a not-to-exceed fee of a total of$30,000. A performance-based commission structure on paid events to be incorporated into management agreement. Hours invested will be logged on a monthly basis and will be reported to Town of Vail personnel. Anticipated staff time investment on each duty: 40%time on Event Management/Initial Marketing of Facility • Utilizing cross-selling opportunities between both the LH Welcome Center Community space and the Donovan Pavilion for individual events • Preparing and initializing contracts • Collecting fees and documenting client payment schedules • Provide prompt, friendly response to booking inquiries offering availability of dates and regular communication, both via phone, in person and via e-mail, with clients regarding their upcoming event • Facilitate facility marketing by creating sales presentation materials, conducting familiarization tours, calling on all hotel concierge and sales staffs to create awareness of the facility and facilitating Facility web presence • Monthly monitoring and reporting of staff time and activities to Town of Vail personnel 60%time of Site Management • Conducting facility site tours for potential clients • Greeting clients and guests on event days (96 projected event days) • Coordinating all supplies and catering deliveries for LH Welcome Center Community space events • Coordinating all event security schedules and conducting on-the-spot cleaning and snow removal duties during event hours • Providing 24-hour on-call service for all clients 4/3/2012 3-3-2 Lionshead Welcome Center Suggested Names Reason for the Name For all: Alf meant to the region and as a symbol of hope creativity and innovation when it most required. I would also add the folloing inscription on the entry way into the center. "Close your ears to the blandishments of hope. Listen not to its fluttering promises of life. But prepare to meet the spirits of VAIL Mountain " In the words of Alfred Packer's Judge who found him guilty and sentenced him ... ALF one of the first victims of cultural misunderstanding and oppression who managed to suceed and come out a winner in any case. - He even had a TV show named after him, the ALF Alfred Packer show. and used to have a popular bar in Lionshead named after him. Now regrettably gone. Alpine-glow Welcome Center Black Diamond Ballroom Named after many of our ski runs. The Board Room, at the Lionshead Welcome Center. (Board being a play on snow board) Popular names in Vail are Seibert, Ford, Dobson, Donovan, Gore and Eaton.They are all considered founders of Vail. But so is Robert "Bob" Parker. He was Vail's first marketing person. Welcoming people to Vail was his job and desire.The community space would be perfect for his remembrance. Over time it would probably become known as "Parker's Bob's Place or Parker's Place Place" or"Bob's Place", perfect.Thank you for your consideration. Camp Hale Camp Hale Community Center or just Hale Center Centre Vail Centre =the choicest or most essential or most vital part of some idea or experience Charlie Gersbach Room/Center In honor of Vail's best storyteller Chief Ouray Ute Peacemaker Community Champions Center 4/3/2012 3-4- 1 4/3/2012 3-4-2 Lionshead's creation in 1968 was modeled after the newer French resorts including Les Arcs and Courcheval.While the concrete architecture has come and gone (replaced by Vail's Renaissance), the new phenomenon of the condominium was introduced during this era Courchevel Room and has contributed to Vail's ongoing success. December 15th I believe the name for the new community center should be someone who was instrumental in establishing Vail's reputation as a world class resort and in always extending a welcome handshake and a "Welcome To Vail."To me the choice is a very easy one and he is Dick Hauserman. Dick was one of the first investors and on the first board of directors. A longtime resident and business owner. I have firsthand experience in knowing how much Dick enjoyed meeting new guests and residents to Vail because he was one of the first people to welcome me to Vail when I was new in town. I know Dick would be proud to have his name associated with the new center and people will recognize his name will be Dick Hauserman smiling to know their friend has been recognized by the resort he helped create. In memory of Morgan Douglas (who recently passed away) and in honor of Cathie Douglas. This couple has lived just up the street from the Lionshead parking structure, on West Meadow Drive, since the 60's and have donated so much to the this community,the Vail Hospital and the Interfaith Chapel. I believe this would mean so much to Cathie, particularly Douglas Hall after the recent loss of her husband. Vail was forged by the gathering of many people's dreams and hard work -The LH welcome center will become a place for people to gather - Planning for an event like a wedding, reunion, reception, etc. in Vail might be a dream for many people The LH welcome center will provide a place where some of those dreams come true and where additional dreams are made/gathered (parties, weddings, receptions, reunions, etc.) - If the word, "scene," is used, it would be representative of the wonderful views and Dream Gathering Place or Dream Gathering Scene scenery as well as using the word to describe the social atmosphere of the space 4/3/2012 3-4-2 The Douglas Center, Morgan Douglas Room They were one of the first families of Vail and have contributed significantly to the community and to skiing. Morgan and his wife Cathie were the first people to move to Vail and call this home.They came to Vail in 1960 and fell in love with this beautiful place and built their home here in 1961 at 142 W Meadow Dr.They truly were pioneers of Vail and have been well involved with the Vail community. Noticeably with their enormous and kind donation to VVMC. Cathie helped establish the ski team here in Vail and has been actively involved with the ski team/instructing over the years. Cathie exemplified just as much enthusiasm, passion, and love for the Town of Vail as she did with the ski resort. Her contribution to the ski resort helped build the foundation of making Vail Ski Resort into one of the top ski resorts in the world not to mention Cathie was also inducted into the Colorado Ski Hall of Fame in 2000. Morgan recently passed away and with the hundreds of people that came to his funeral it was apparent just how many lives he truly has touched over the years. He has painted numerous anniversary paintings for the Town of Vail over the years and I whole heartedly believe this Community Center would be well recognized by a family who helped establish, Douglas Community Center loved and pioneered the Town of Vail, none better than the Douglas family. Dr. Eck came here in the early 1970's after his tour of duty in Vietnam and he stayed as one of Vail's original doctors. He has had ranchers, ski patrollers, community VIPs, regular folks, business executives, and President Gerald R. Ford as patients. No person that we have met in Vail has been more committed throughout history to assuring that Vail succeeded than Dr. Eck and he has been one of the visionaries that knew Vail needed a great hospital in order to become a community where people who visited would want to come and live permanently. He has been instrumental in serving as a member of, training and participating even today with the Vail Ski Patrol. He saw the need for a trauma service here and helped bring helicopter service to Vail. Dr Jack Eck is the perfect ambassador, respected and admired by all who live in Vail and Eagle County. An avid skier, a patron of charitable and cultural offerings in the Valley, a member of the Vail Valley Foundation board of directors, Dr. Eck has quietly, behind the scenes contributed significantly to the Dr.Jack Eck development of the quality of life that we enjoy today. 4/3/2012 3-4-3 4/3/2012 3-4-4 After the Hemmings family lumber co. that help build the town of Vail and before that Minturn and Red Cliff.They started in 1880 in Red Cliff and later in Vail at the base of Sandstone Rd across from Lionshead. Not much credit has been given to them but without Flemming Center or Hemmings Flat their lumberyard this community could not have been built. Named for Earl Eaton and Pete Seibert who first laid eyes on Vail with big dreams in mind....they finally struck GOLD! Eaton and Seibert were the first to hike up "No-Name Mountain" and the first to prospect the vision of Vail as a ski mountain. The Founders Center" or"Founders Station" or Gold = 50th anniversary "Founders Gold Welcome Center" Gobilie Center Golden Jubilee Golden Lion For the golden anniversary of Vail The Gondola Gore Creek Place Gorsuch Grand View Room The Gorsuch family has done much for Vail and the room does have a grand view. I think it would be completely appropriate to name the room after a local resident who has had an unparalleled impact on the community through his hard work, planning and vision for the community—Greg Hall. The town of Vail has changed dramatically during the years that Greg has been the Public Works Director, and he has helped to shepherd and shape many of the projects that have been so instrumental in making Vail the world class community that it is today. While I don't think that "Greg Hall Hall" is a good name, perhaps "Greg Hall Community Room" would work. Or maybe The Hall Veranda, if you want to get fancy. That's my two-cents. Thank you! Greg Hall Community Room The existence of Camp Hale sparked the idea of Vail's very existence. Plus, a hyphenated Hale Hall version of the founders' names doesn't seem to work for a single room space. Jubilee Center 4/3/2012 3-4-4 Ledges Room at the Lionshead Welcome Center Let Go Let Vail Lindsey's Lair Lindsey Vonn deserves some more recognition. Lindsey's Lounge The timing is perfect to honor her. Lion's Den Rationale: this space, which also the meaning, is designed to provide a comfortable and informal atmosphere for gathering our community together. Also would like to see the Lions Den name Lion in the name somewhere to keep "Lionshead" into the equation. Lions Den The Lion's Loft Top floor location, in Lionshead. Ludwig's Lounge Mr. Ludwig has led by example throughout the years Baby male lions, called cubs, do not start to grow their manes until they reach puberty. They start to grow their manes at about 18 months of age and continue until they are about 5 years old. At this point they will have a full grown mane just like Lionshead age 50 The Mane Room years. Mountain Heritage We would not have Vail without Pete. I don't think he has been honored enough. Such a Oh for Pete's Sake nice guy. Didn't get the tribute he deserved. Honor the people that need to be honored. Packy's Room Named for Bob Parker, the man responsible for marketing Vail from its beginning. He continually hosted media events to promote the mountain and the very special village at its base. It seems that the new Welcome Center could carry on the celebrations and traditions Parker's Promontory that Bob tirelessly initiated. Parker's Vista I have been in the room and it IS a sort of promontory overlooking the village and slopes, which Bob had a tremendous role in creating. I don't know of anything else named for him on the mountain or in town...and he deserves recognition on this important 50th The Pearl Anniversary. Pepi's Place —not much explanation needed as Pepi's life in Vail speaks for itself. 4/3/2012 3-4-5 Pete's Dream Peter's Place I am a fervent believer that Earl Eaton has never gotten the recognition that he deserves, and I was completely disappointed in his public memorial service at The Lodge. However, the people who contributed to Vail being the best over the early years are too numerous to name, but their spirit should be immortalized in some public way. Maybe VA/VR could name the new gondola: Earl's Tram. Pioneers Room Camp Hale where one of the founders, Seibert, was stationed is between red cliff and Leadville. Him being there by Red Cliff is what lead him to finding Vail. I believe Red Cliff Commons is a beautiful name and it coincides with a beautiful place and incorporates the word commons which is a place of meeting. Which to me describes the new area in Red Cliff Commons Lionshead perfectly! Since this addition is part of Vail's renaissance. Plus, when couples get married there, it will Renaissance Room sound nice on invitations. The Room, at the Lionshead Welcome Center The Shining Mountains Center Silver Bowl or Silver Center for the 50th In recognition of Vail's seasonal employees who have helped make Vail become a great place.The Sunbird Lodge once housed seasonal employees and was torn down to make Sunbird Room way for construction of the Arrabelle. Named after the Transmontane Rod and Gun Club.....the operating name for the idea that started it all. Transmontane=on or coming from the other side of the mountains Centre =the choicest or most essential or most vital part of some idea or experience Transmontane Centre or Transmontane Center VWC All the kids will like it.Just like The OC on tv2. It's all acronyms these days. Vail: Come In! (A take on German "Willkomen"). 4/3/2012 3-4-6 4/3/2012 3-4-7 I believe that the new community space should recognize both Vail's 50th anniversary and the 50th anniversary of Vail resident Scott Carpenter historic space flight on May 24, 1962 on Aurora 7 in the Mercury program. Vail's 50th marks not only the dream of creating a world class ski destination but Scott Carpenter's NASA flight of America's dream to thoroughly establish it self as a leader in space exploration and science during the cold war era that later lead to the Apollo missions. Therefore, I propose that the Community Space be named "Vail Carpenter Semicentennial Space" which would indeed recognize all aspects including Semicentennial as 50th and Space as both community area and Space (as in outer Space). Also, a creative logo would signify it with an image of Vail Mountain and/or logo Vail Carpenter Semicentennial Space with a space capsule flying over it including 50th as part of the image. Vail Hall of Fame Vail Pioneer Room The Vail Vestibule This is the name of one of the highest peaks within the Gore Range. It stands as a virtual centerpiece within the surrounding mountains of the range itself and casts an ever watchful eye over the Vail Valley. With its elevation of 13,180 ft and with the sq ft size of the Community Space being 1300sq ft, the number similarity offer's a very fun and interesting Valhalla Peak Community Space coincidence. The name Valhalla Peak will not only bring interest to the Gore Range but the word Valhalla itself gives meaning to a place a greatness and honor.Two things which Vail and it's The View residents holds in high regard. Vail View Community Center Vail Vista Villiage Vista wickiups Ute Indian homes Zemler's Zoo I Stan has done an excellent job of running this one so we should name a room after him! 4/3/2012 3-4-7 4/3/2012 3-4-8 The Rationale is we have come from the 10th to our 50th. Vail will be celebrating its 50th anniversary and, Vail's origins come at least in part from 10th Mountain Division's desire to found ski areas after World War II which meant that Vail got founded. So we have come from the 10th to our 50th, but 10 to 50 might be easier for folks to say. Since Vail is at 8150 feet I like having 50 in the name of the new facility also. Finally I think 10 to 50 as a name might have some good luck in terms of having it be well utilized. So 10 to 50 recognize Vail's roots and where it is now with an eye towards it becoming a place for many important gatherings. It recognizes an important group of people (The 10th Mountain Division) without affixing the name of a person whose name might not stand up to the test 10 to 50, which could also be 10th to 50th, or 10- 2 of time. (Personally I only believe in naming a place after a person after they have been 50 long dead). 1962 8150 4/3/2012 3-4-8 K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: First reading of Ordinance No. 3, Series 2012, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Heavy Equipment Fund PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 3, Series 2012 BACKGROUND: Please see attached documentation STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 3, Series 2012 ATTACHMENTS: Ord 3 Supp 4 01 MEMORANDUM To: Town Council From: Stan Zemler Judy Camp Kathleen Halloran Date: March 28, 2012 Subject: 2011 Results and 2012 Supplemental Appropriation The completion of the 2011 financials sets the stage for this supplemental appropriation of 2012 with the identification of capital projects that span more than one year and need to have funding re-appropriated to the current year. In Tuesday evening's session, you will be asked to approve the first reading of Ordinance No. 3 making supplemental appropriations and adjustments to the 2012 budget. The following information is provided for your review: • Summary of Revenue, Expenditures, and Changes in Fund Balances — 2011 Actual Compared with Amended Budget and 2012 including the proposed first supplemental appropriation • Ordinance No. 3, Series 2012 2011 RESULTS Vail ended the year on a high note with full-year sales tax collections of $19.6 million matching the previous record reached in 2008 and December collections producing the second highest month on record, exceeded only by March 2008. Compared with the prior year, 2011 sales tax grew by 11%. A recovering economy, an increase in international tourism and good snow for the 2010-11 season all added to the town-wide increase in economic vitality. Real estate transfer tax collections in 2011 of $4.4 million took an expected drop of 37% from prior year due to major projects completed in 2010. "Base" real estate sales were nearly flat with prior year, and accounted for approximately $2.7 million of total tax collections. Ski Lift tax collections of $3.5 million exceeded prior year by 5.1% and beat budget by 10.5%. While construction permits and fees of $1.1 million were down 18.0% from prior year, they exceeded budget by 9.3%, or $96,766. Use Tax collections of $721,000 decreased 34.6% from prior year, again due to the lack of major redevelopment projects during the year. Parking revenue declined by $1.0 million, or 20.1% due to a number of factors including reduced demand from construction workers accompanied by an increased supply of private parking opportunities as major redevelopment projects were completed. In addition, the town increased its free parking from 90 minutes to 2 hours in the structures, and kept daily rates and most parking pass prices the same as in previous years. Across all funds and revenue accounts for 2011, total revenue of $49.4 million was down 13% from 2010 primarily due to decreases in federal grant revenues $2.4 million, a $2.5 million decrease in RETT collections, parking sales of $1.0 million and the sale of the Arosa Dr. duplex in 2010 of $816,000. Expenditures were favorable to budget, with General Fund operating expenditures of $28.0 million coming in below budget by nearly $1.6 million, or 5.3%. The savings were split between salary/benefit savings from staff vacancies of approximately $773,000 and general operating 4/3/2012 4- 1 - I savings of $804,000. As a result, the General Fund fund balance now totals $23.5 million, or 77% of annual revenues. Capital Projects Fund expenditures came in below budget by $10.8 million, of which $8.4 million relates to ongoing projects, and $2.4 million, or 7.0% of expense savings compared to total budget. The RETT Fund expenditures came in below budget by $7.6 million, of which $6.3 million relate to ongoing projects and $1.3 million, or 9.4% of expense savings. Details of ongoing projects are outlined in the Supplemental Appropriation section below. 2012 SUPPLEMENTAL APPROPRIATION The main purpose of this supplemental is to re-appropriate funds for 2012 capital projects that were started in 2011 and are continuing into this year, or projects that did not begin as planned in 2011. There are also adjustments needed to reflect events or decisions that occurred after the 2012 budget was finalized. General Fund Revenue will be adjusted by a total increase of $25,000. These funds are reimbursements for expenditures, such as $20,000 from Vail Resorts to cover the payment owed to CDOT for the annual lease of the frontage road for winter parking. The other $5,000 relates to reimbursement from Crown Castle for the town's legal fees relating to the lease agreement. General Fund expenditures are proposed to increase a total of $173,950. Other than the two items listed above, expenditures adjusted by this supplemental include: • A net increase of $15,000 for special events: $75,000 previously allocated to the Pro- cycling Challenge will be used toward the "Gran Fondo Canondale Vail" event ($40,000) per Council December 6, and $50,000 to fund a survey of 30 events to gain a better understanding of return on investment to the town for each event (approved March 20th) • $86,000 in contract services for various accelerated technology projects. The list of projects includes upgrades to the court system, phone system, backup system for the remote desktop servers, various public safety system updates (Intergraph, mobile laptops, mobile vision), cabling systems updates at several town buildings, 4G/WiFi network implementation, media wall at the LionsHead Welcome Center, online permit tracking implementation, and the Weather Central upgrade, among others. Previously, these projects were budgeted over a three-year period but have been accelerated due to the planned relocation of the municipal offices. • $22,950 is requested for condo assessments owed for the town-owned space at Vail Village Inn — Phase V. We no longer have a renter paying the annual assessment. • $25,000 deductible for the town's General Liability insurance policy (amount paid per occurrence). The 2012 budget included one deductible which has already been spent. Other than immediate funding needs for projects directly relating to a relocation of the municipal offices, staff is not requesting additional dollars until we have a clearer picture of what will be needed. The above adjustments to the General Fund 2012 budget result in an estimated fund balance of $22.5 million by the end of 2012, or 77% of annual revenues. Capital Projects Fund Revenue will be adjusted by a total increase of $1,072,435. This includes $828,000 in federal grant dollars awarded for replacement of the Matterhorn Bridge. Both revenue and expenditures for this project were budgeted in 2011, but the project was delayed due to timing of CDOT requirements. Other revenue adjustments include reimbursements for projects such - 2 - 4/3/2012 4- 1 -2 as 1-70 Noise ($111 K) and reimbursement from the Vail Recreation District relating to tenant finishes in the new LionsHead Welcome Center ($35K). In addition, year to date collections of employee housing fee-in-lieu of $70,000 is reflected along with energy rebates of $28,783. Staff is requesting to supplement 2012 expenditures by a total of $9.5 million. Of this, $8.4 million represents projects budgeted in 2011 but not yet completed such as the LionsHead Welcome Center, Library remodel, East and West LionsHead Portals, bus replacements, and energy enhancement programs. Other requests included in this re-appropriation of funds involve project funding that is maintained from year to year such as the housing buy-down program, 1-70 Noise, and a debt service guarantee for Timber Ridge. Also included in the re-appropriation from prior year funds is $225K for the purchase, installation and staffing support for a new finance system. At this point in time we do not have an estimate of the system cost. The $225K for "Business System" from 2011 would be combined with $175K already budgeted for 2012. Of this amount, $17,000 is needed to upgrade the system used by Community Development to track building permits. We also request to use $28,000 of these funds to add a 0.5 FTE fixed-term resource to assist in the budgeting and reporting area while efforts are re-directed to the project. New projects or increases requested include: • Planning and design for the municipal site redevelopment ($760K) • $75K for increased document imaging activity for departments preparing for a relocation Examples include the Finance department (scanning historical financial data and bond documents) and Community Development (scanning historical plans and property filings). • $50K for design/architecture expenditures relating to the renovation of the Main Vail Fire Station (currently budgeted in 2013 at $1.75M). • $46K in software/hardware expenditures including $16K for I-pads purchased for town boards, and $30K needed mainly to upgrade the current remote desktop system, or °RDS". • Recognize $70K of Housing Fee-In-Lieu revenue collected from developers by including that amount in the balance available for the employee housing (EHU) buy-down program. • A $350,000 increase to the Library remodel project as approved by Council March 20tH • $34,652 relating to tenant finishes paid for by the Vail Recreation District (VRD) for their offices located in the new LionsHead Welcome Center. Transfer of funds from the Vail Reinvestment Authority shows an adjustment of $2.5 million to reflect projects carried over from the prior year. All of the above adjustments will result in an estimated fund balance of $11.7 million by the end of 2012. Real Estate Transfer Tax (RETT) Fund Budgeted revenues show an adjustment of $1.15 million in reimbursement from the VRD relating to redevelopment of the Clubhouse at the Vail Golf Course and Nordic Center. Staff is requesting to supplement 2012 expenditures by a total of $14.2 million. Only $1.7 million represents projects budgeted in 2011 but not yet completed such as improvements to VRD-managed assets, completion of the Red Sandstone Park, and Public Art programs. - 3 - 4/3/2012 4- 1 -3 The remaining expenditures relate to two significant capital projects: Reconstruction of the Clubhouse and Ford Park improvements. While not all of the funds may be expended during 2012, staff is proposing to reflect the full picture of these two projects. As such, this budget proposal includes the transfer of funds from the Conference Center Fund as well as from other project budgets within the RETT Fund to present the Clubhouse and Ford Park projects at total estimated cost, as seen previously by Town Council and Vail citizens during various public meetings. The Clubhouse project is reflecting a total budget of $6.7 million (total estimated cost is $6.8 million) made up of the following: • $3.8M of Conference Center Funds • $1.15M contribution from Vail Recreation District (VRD) • $1.26M previously budgeted for golf clubhouse capital repairs • $504K allocated from Recreation Enhancement Account funds, which represents the accumulation of annual lease payments from the VRD intended for use toward a remodel of the clubhouse Previously there was a shortfall of $500,000 for this project, but $400,000 of this has been covered by using project budgets in RETT that were budgeted in 2011 for capital improvements to the original Golf Course Clubhouse (part of the $1.26M above). Those capital improvements will no longer be needed due to the scope of work for the new redevelopment. The Ford Park project is reflecting a total budget of $6.3 million (total estimated cost is $6.3 million) made up of the following: • $3.5M of Conference Center Funds • $2.8M previously budgeted for Ford Park improvements Previously there was a shortfall of $300,000 for this project, but that has been covered by using project budgets in RETT that were budgeted in 2011 for capital improvements to Ford Park and the Tennis Center. Those capital improvements will no longer be needed due to the scope of work for the new Ford Park project. These adjustments will result in an estimated fund balance of $9.4 million by the end of 2012. Conference Center Fund Staff is proposing to reflect the full cost of projects approved by voters, specifically $2.1 million contribution toward improvements to the Ford Park Amphitheater project, $3.8 million contribution toward a redevelopment of the Clubhouse (transferred to the Capital Projects Fund) and $3.5 million contribution toward improvements to Ford Park (also transferred to the Capital Projects Fund). While these funds may not be spent entirely in 2012, the intent is to show the projects in total, as seen previously by Council and Vail citizens during various public meetings. Dispatch Services Fund The Dispatch Services department is requesting a re-appropriation of $133,159 to continue a replacement of the "voice logger" system and consoles. Heavy Equipment Fund Two replacement vehicles were ordered (and budgeted for) in 2011, but delivery took place in 2012. A re-appropriation of $330,000 is requested to cover payment for a snowplow and motor grader (used to scrape up and plow ice on roadways). - 4 - 4/3/2012 4- 1 -4 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND 2012 2012 2011 2011 Variance Original 1st Proposed Amended Actual Fav/(Unfav) Budget Supplemental Amended Comments Revenue Local Taxes: $ 17,800,000 $ 19,581,415 $ 1,781,415 $ 17,800,000 $ $ 17,800,000 Sales Tax Split b/t Gen'I Fund&Capital Fund 61/39 54/46 61/39 Sales Tax $ 10,859,000 $ 10,859,000 $ - $ 10,859,000 $ $ 10,859,000 Property and Ownership 5,055,000 5,031,770 (23,230) 4,232,000 4,232,000 Ski Lift Tax 3,193,000 3,529,125 336,125 3,492,000 3,492,000 Franchise Fees,Penalties,and Other Taxes 1,087,402 1,073,138 (14,264) 1,112,753 1,112,753 Licenses&Permits 1,040,200 1,136,966 96,766 955,000 955,000 Intergovernmental Revenue 1,887,155 2,066,191 179,036 1,911,250 1,911,250 Transportation Centers 4,411,500 4,023,940 (387,560) 4,425,000 4,425,000 Charges for Services 909,655 962,342 52,687 774,850 774,850 Fines&Forfeitures 305,000 265,575 (39,425) 325,000 325,000 Earnings on Investments 194,000 188,848 (5,152) 116,900 116,900 Rental Revenue 869,816 895,872 26,056 869,816 869,816 Miscellaneous and Project Reimbursements 375,097 477,845 102,748 207,000 25,000 232,000 $20K VRI reimbursement for CDOT Frontage Rd lease;$5K Crown Castle legal reimbursement Total Revenue 30,186,825 30,510,613 323,788 29,280,569 25,000 29,305,569 Expenditures Salaries 13,811,947 13,122,291 689,656 13,679,222 - 13,679,222 Benefits 4,566,277 4,483,006 83,271 4,597,131 4,597,131 Subtotal Compensation and Benefits 18,378,224 17,605,297 772,927 18,276,353 - 18,276,353 Contributions and Special Events 1,285,750 1,278,453 7,297 1,383,318 90,000 1,473,318 $40K Gran Fondo;$50K Intercept study of events All Other Operating Expenses 6,296,981 5,524,989 771,992 6,222,776 158,950 6,381,726 $86K contract services for accelerated IT projects;$25K Gen'I Liability deductible;$22,950 condo assessment for Vail Village Inn space;$20K CDOT Frontage Rd lease;$5K Crown Castle legal expert(reimbursed above) Heavy Equipment Operating Charges 2,212,607 2,196,237 16,370 2,253,304 - 2,253,304 Heavy Equipment Replacement Charges 546,104 537,417 8,687 547,008 547,008 Dispatch Services 537,827 537,827 575,706 575,706 Total Expenditures 29,257,493 27,680,220 1,577,273 29,258,465 248,950 29,507,415 Revenue Over(Under)Expenditures 604,332 2,830,393 2,226,061 22,104 (223,950) (201,846) Transfer to Capital Projects Fund (1,845,800) (1,845,800) - - Transfer to Capital Projects Fund for implementation of energy audit enhancements 2015 World Alpine Ski Championships (250,000) (250,000) - (250,000) - (250,000) Pro-cycling event (75,000) (75,000) (75,000) 75,000 - Event cancelled 2015 Nation's Event (375,000) - (375,000) Vail's 50th Anniversary - - (250,000) - (250,000) Total Expenditures 31,428,293 29,851,020 1,577,273 30,208,465 173,950 30,382,415 Surplus Net of Transfers&New Programs (1,241,468) 659,593 1,901,061 (927,896) (1,076,846) Beginning Fund Balance 22,886,692 22,886,692 21,645,224 1,901,061 23,546,285 Ending Fund Balance $ 21,645,224 $ 23,546,285 $ 20,717,328 $ 22,469,439 EHOP balance included in ending fund balance not spendable $ 690,000 $ 690,000 $ 690,000 $ 690,000 4/3/2012 -5- 4- 1-5 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2012 2012 2011 2011 Variance Original 1st Proposed Amended Actual Fav/(Unfav) Budget Supplemental Amended Project Information Revenue Total Sales Tax Revenue: $ 17,800,000 $ 19,581,415 $ 1,781,415 $ 21,362,830 $ $ 21,362,830 Sales Tax Split between General Fund& Capital Fund 61/39 54/46 61/39 61/39 Sales Tax -Capital Projects Fund $ 6,941,000 $ 8,956,252 $ 2,015,252 $ 6,941,000 $ $ 6,941,000 Use Tax 731,000 721,002 (9,998) 515,000 515,000 Federal Grant Revenue 2,176,364 1,205,465 (970,899) - 828,000 828,000 2011:$1,334,114 for Transit Center;$14,250 for Live Scan grant;2012:$828K for bridge reconstruction Other State Revenue 10,000 - (10,000) - - - Virtual Briefing police grant Lease Revenue 184,500 192,710 8,210 188,160 - 188,160 Per Vail Commons commercial and residential leases Employee Housing Fee-In-Lieu 250,000 249,217 (783) - 70,000 70,000 Recognize YTD collections Project Reimbursement 1,086,163 1,015,645 (70,518) 174,435 174,435 2011:$577K Wenk case settlement for capital repairs;$203K Holy Cross Community Enhancement Funds,$55K reimb from Vail homeowners and$15K from Vail Rec Distrcit for underground utility projects;$175,163 insurance reimb for July flood;$55,000 insurance reimbursement for LH parking booth accident;$6K sale of elevator LH parking structure;2012:$111 K shared costs for 1-70 Noise projects(homeowners$8K,CDOT$93K and ERWSD$1 OK);$28,783 energy rebates;$34,652 reimb from VRD for tenant finishes in Welcome Center office space Earnings on Investments and Other - 147,481 147,481 67,500 - 67,500 Total Revenue 11,379,027 12,487,772 1,108,745 7,711,660 1,072,435 8,784,095 Maintain Town Assets Bus Shelters 27,900 735 27,165 30,000 - 30,000 Annual maintenance;New shelter at Simba Run Parking Structures 504,000 333,873 170,127 640,000 640,000 Various repairs including deck topping replacement,expansion joint repairs,ventilation,HVAC, plumbing and other structural repairs;Since 2010 there is an offset from VRA(see transfer near bottom of sheet);Starting in 2012 there are estimated energy savings of$50K per year Facilities Capital Maintenance 625,000 495,201 129,799 815,000 129,799 944,799 Re-appropriate$129K to continue replacement of Bus Barn garage doors;2012:$152K air handling unit for Municipal bldg;$83K repairs to wood siding,$50K PW shop garage doors and$18K exhaust system at PW Shops;$75K snowmelt boiler system repairs;$38K for Transit office floors and walls;$30K for Comm Dev floors and walls;$30K for Library wood siding and window repairs;Some energy savings$25K per year for 2012 and 2013 Library Roof Replacement 102,840 - 102,840 - - - Included in Library remodel project Creekside Housing Improvements 160,000 136,525 23,475 385,000 385,000 Need to gut plumbing;electrical wiring;roofing,etc.;asbestos and mold remediation; 4 units were completed in 2010;plan to do 4 more in 2011;in 2012,complete remaining 4 units and replace exterior siding,stairs and decks Donovan Park Pavilion - - 50,000 50,000 2012:$50K furniture replacement;2014:$400K to change ventilation&improve noise and$270K to replace heating/air system;2016$50K furniture replacement Vail Village Inn Condo Roof(TOV Portion) 17,000 17,000 - - - Capital assessment from owners'association for space owned by town Street Light Improvements 67,500 53,840 13,660 50,000 50,000 New street lights and to refurbish residential lighting Capital Street Maintenance 1,215,979 855,029 360,950 1,000,078 1,000,078 On-going maintenance to roads and bridges including asphalt overlays,patching and repairs;2012- 2014 were previously updated for recent bid prices(savings of$925K);Assumes that we do not see a dramatic increase from current prices and that reconstruction of neighborhood roads and bridges occurs(without reconstruction,maintenance costs will increase) Flood incident repairs 543,748 194,556 349,192 - 349,192 349,192 Relating to flood repairs:Reconstruct a portion of Rockledge drainage improvements,Big Horn Creek culvert repair/replacement at Columbine and Spruce Way,Booth Creek improvements to mitigate future flooding of culverts,tennis courts and playgrounds. Fire Truck Replacement - - 590,000 - 590,000 2012 replace pumper truck from 1994;2014 replace pumper truck from 1999 Audio Visual 41,996 60,136 (18,140) - - Mixer board and cameras in the Council chambers for recording of meetings Town-wide camera system - - 12,000 12,000 $12K per year for replacement of cameras and recorders(49 cameras and 3 recorders around town so far;will be adding for Transit and Welcome Centers);Recorders cost$7-8K each;cameras range from$800-$3800 each 4/3/GU 1G -6- 4- 1-6 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2012 2012 2011 2011 Variance Original 1st Proposed Amended Actual Fav/(Unfav) Budget Supplemental Amended Project Information Document Imaging 130,636 141,681 (11,045) 30,000 75,000 105,000 Supplement for continuation of historical scanning(outside vendor);2012:Purchase of storage devices($20K) remainder for increased scanning and storage in preparation for the municipal relocation/move(Finance,Comm Dev) Software Licensing 33,640 30,349 3,291 40,000 - 40,000 Annual renewal of software licenses Hardware Purchases 65,000 105,450 (40,450) 48,000 46,000 94,000 Upgrade Microsoft products on all equipment;renew licenses in future;Costs have increased from vendors;2012 addition:$16K Ipads purchased for boards;$30K relating to accelerated projects due to move,mainly related to the town's remote desktop server,or RDS Data Center(Computer Rooms) 15,000 8,950 6,050 15,000 - 15,000 Based on annual replacement schedule of security and power systems for 3 computer rooms Website and e-commerce 39,000 6,300 32,700 29,000 32,700 61,700 Re-appropriate to continue website redevelopment;Internet security&application interfaces Comm Dev ArcGIS System 16,000 - 16,000 - - - Web access to town GIS information(similar to County's website GIS product) Fiber Optics in Buildings 17,000 2,251 14,749 23,000 23,000 Cabling/Network Infrastructure; to repair,maintain&upgrade Network upgrades 21,000 18,010 2,990 35,000 35,000 Computer network systems-replacement cycle every 3-5 years Phone System Infrastructure - - - 35,000 35,000 Replace infrastructure for 15-year old phone system;Full cost to replace the phone system currently on unfunded list until Municipal site redevelopment decision Public Safety System 57,000 60,692 (3,692) 59,000 - 59,000 Annual capital maintenance of"County-wide"Computer Aided Dispatch/Records Mgmt System" ; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies;TOV portion of Intergraph software maintenance Business Systems Replacement 225,000 - 225,000 175,000 225,000 400,000 Replace 15-year old financial system;continued support to current system questionable;better technology;$17K for Comm Dev Permit system update Radio Tower(Vail R56) 30,000 - 30,000 - 30,000 30,000 Town's portion of wireless communication equipment upgrade -Radio tower will be replaced and location moved from outside of Council chambers to outside of Dispatch center Virtual Briefing System 10,000 9,095 9,095 - - Police Virtual Briefing equipment(grant funded) Intergraph software upgrade 80,000 - 80,000 80,000 80,000 Re-appropriate for TOV portion of upgrade to computer-aided dispatch system -project scheduled for Fall'12 Live Scan Interface 14,250 14,250 - - - - Funded by grant above;Links our Live Scan software to other agencies Police breathalizer replacement - - 10,000 10,000 State mandated replacement of 13-yr old equipment;may eventually be offset with grant revenue Police rifle replacement - - - 21,250 21,250 Replacement of 21-year old rifles(17 units) Total Maintenance 4,059,489 2,543,923 1,523,756 4,092,328 967,691 5,060,019 Enhancement of Town Assets CDOT Required Parking 630,000 630,000 Pending discussion with Vail Resorts re:sharing costs.2012:LionsHead and guardrail in West Vail on N.Ftg Rd;2013:Cascade;2014:Safeway and Vail Village Vail Village Info Booth 1,100,000 1,100,000 Remodel,including addition of restrooms and some guest enhancement Vail Village Info Booth pull in lane 250,000 250,000 Pull off lane in front of Vail Village info booth for short term parking and to provide an area for an RV or larger vehicle to pull in for information Guest Services Enhancements/Wayfinding 217,800 23,644 194,156 1,100,000 269,156 1,369,156 Re-appropriate to continue projects;$75K transferred from streetscape project as previously budgeted for signage.Guest information improvements town-wide,including pedestrian signage, parking structures,banners at VV&LH Main Vail Fire Station - - - - 50,000 50,000 Design/architecture for remodel of Main Vail station;Full project included in 2013 budget; Includes public restrooms,TOV office space and new roof Energy Enhancements 3,122,715 1,989,694 1,133,021 1,133,021 1,133,021 Implementation of energy audit enhancements(includes reimb from VRA,RETT,and GF); New Fire Truck 253,917 253,900 17 - - New fire truck for additional station;Deposit made in 2010;delivery in 2011 Fire Equipment - - - 32,000 32,000 $12K Thermal image camera for new truck;$20K set of equipment for ladder truck Village Streetscape 172,429 86,111 86,318 - - - Transfer$75K of remainder to Guest Service Enhancement project as previously budgeted Neighborhood Road Reconstruction 2,038,701 229,206 1,809,495 10,000 10,000 Re-appropriate$1 OK to cover design costs spent to get the Vail Valley Dr.project ready to bid (project has been delayed);2013-2016 East Vail roads;Increase of$425K in 2013 for shared project with ERWSD on Rockledge Rd 2013 also includes$200K for planning/design of roadwork in 2014-2016 Neighborhood Bridge Reconstruction 1,195,882 144,067 1,051,815 1,051,815 1,051,815 Matterhorn Bridge reconstruction delayed due to CDOT fiscal year and requirements;Partial funding from federal grant;Nugget Lane and Bridge Rd bridges design in 2013 and construction in 2014 to coincide with federal grants Y/J/GV 1G 4- 1-7 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2012 2012 2011 2011 Variance Original 1st Proposed Amended Actual Fav/(Unfav) Budget Supplemental Amended Project Information Parking Entry System/Equipment 55,000 53,195 1,805 - - Repairs to parking booth equipment from vehicle accident;Insurance reimbursed Radio Equipment replacement(pub.works, pub.safety) - - - 48,000 48,000 Replacement of 2008 radios for PW,Fire,PD Hybrid Bus Battery Replacement - - - 55,000 - 55,000 Scheduled replacement: 1 in 2012;7 in 2014;Estimated life of 6 years Replace Buses 3,486,614 2,240,636 1,245,978 - 1,245,978 1,245,978 2012:2 Hybrid buses ordered in 2011;take delivery in 2012 Timber Ridge Legal/Zoning 50,000 32,685 17,315 17,315 17,315 Continuation of negotiations Manor Vail Street Plan 83,800 - 83,800 - - - Expenditure related to impact fee paid by Manor Vail development;Will track internally rather than on budget worksheet Total Enhancements 10,676,858 5,053,138 5,623,720 3,215,000 3,777,285 6,992,285 New Assets Municipal Redevelopment - - - - 760,209 760,209 Estimated costs for architecture and design$247K plus project management$513K;Based on approved contracts LionsHead Transit Center(VRA) 1,419,945 1,419,945 - - - - $5.0 million from Federal grant;remainder transferred from VRA Welcome Center(VRA) 7,534,706 6,595,914 938,792 304,700 973,444 1,278,144 Continuation of the project;Includes$34K reimbursement from VRD for tenant finishes;Funded by the Vail Reinvestment Authority(see Transfers below) East LionsHead Portal(VRA) 200,000 158,711 41,289 2,075,000 41,289 2,116,289 Re-appropriation;Design work approved by Council Feb 1st;Originally budgeted entire project in 2012; Funded by the Vail Reinvestment Authority(East LH Circle) West LionsHead Portal(VRA) 75,000 52,500 22,500 750,000 22,500 772,500 Re-appropriation;Design work approved by Council Feb 1 st;Originally budgeted entire project in 2012; Funded by the Vail Reinvestment Authority(Concert Hall Plaza) Library Remodel(VRA) 174,500 72,772 101,728 1,600,000 451,728 2,051,728 Re-appropriation plus$350K additional approved by Council March 20th;Funded by the Vail Reinvestment Authority(see Transfers below);This project would add additional community space on main level,with offices and community room on basement level;includes elevator as required by code Sundial Plaza (VRA) - - - 850,000 - 850,000 Fountain needs to be removed or significant repairs/replacement;Stairways;Adjoining park could be improved rather than try to find a location for a new LH park. A"new"LH park was on Unfunded list for$800K;$285K of this amount would be to improve the connection of walkways up toward First Chair West Vail Fire Station 2,003,618 1,890,760 112,858 - 7,500 7,500 Final bills for West Vail Fire Station Buy-down Program 552,118 - 552,118 552,118 552,118 Carry forward program funding Buy-down Program Funded by Pay-in-Lieu 467,803 - 467,803 - 537,803 537,803 Carry forward current balance of program funding:Housing funded directly by Pay-in-Lieu fees collected from developers;$70K increase based on 2012 YTD collections Variable Message Signs/Way-Finding Improvements 100,000 50,046 49,954 100,000 49,954 149,954 2012:replacement of two ramp signs at Main Vail($200K) 1-70 Noise 378,140 27,957 350,183 - 350,183 350,183 Re-appropriate for utility relocation for Bald Mountain berm extension Underground Utility improvements 273,000 151,800 121,200 121,200 121,200 Re-appropriate for continuation of projects:East Vail on Bighorn Rd and Golf Course to Ford Park; Reimbursements from homeowners totaling$55,000($5K from East Vail and$50K from residents near golf course),Vail Rec District($15K)and Holy Cross directly funding$43,000 for East Vail project Chamonix Area Planning 92,600 90,800 1,800 - - - $80K for water/utility infrastructure done during construction of W Vail Fire Station;$12.6K final amount due to Martin&Martin Total New Assets: 13,271,430 10,511,205 2,760,225 5,679,700 3,867,928 9,547,628 Total Capital before Financing 28,007,777 18,108,266 9,899,511 12,987,028 8,612,904 21,599,932 Debt Service and Financing Debt Service on Outstanding Bonds 2,279,572 2,279,574 (2) 2,088,346 - 2,088,346 Annual debt service payments Timber Ridge Debt Service Guarantee 925,000 - 925,000 - 925,000 925,000 Annual debt service guarantee-requirement of TR debt Total Debt Service and Financing: 3,204,572 2,279,574 924,998 2,088,346 925,000 3,013,346 Total Expenditures 31,212,349 20,387,840 10,824,509 15,075,374 9,537,904 24,613,278 Other Financing Sources(Uses) 4/3/2012 -8- 4- 1-8 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2012 2012 2011 2011 Variance Original 1st Proposed Amended Actual Fav/(Unfav) Budget Supplemental Amended Project Information Transfer from Vail Reinvestment Authority 9,579,070 7,125,196 2,453,874 6,546,700 2,488,874 9,035,574 Re-appropriate a portion of 2011 unspent relating to on-going projects above;2012:LH Portal improvements$2.9M,Sundial plaza$850K, $2.0 Library remodel,CDOT-Required parking$102K in LH,LH Pkg mtc$365K,LH Welcome Center$1.1 M,Guest Svcs$710K;Energy enhancements $953K; Transfer from General Fund 1,845,800 1,845,800 - - - - Transfer from GF for implementation of energy audit enhancements Transfer from RETT 32,964 32,964 1 - Transfer from RETT for implementation of energy audit enhancements Revenue Over(Under)Expenditures (8,375,488) 1,103,892 9,479,380 (817,014) (5,976,595) (6,793,609) Beginning Fund Balance 17,364,318 17,364,318 8,988,830 9,479,380 18,468,210 Ending Fund Balance 8,988,830 18,468,210 8,171,816 11,674,601 *Promissory note due from Childrens'Garden of Leaning included in ending fund balance-not spendable 10,000 5,000 5,000 4/3/2012 -9- 4- 1-9 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2012 2012 Amended 2011 Variance Original 1st Proposed 2011 Actual Fav/(Unfav) Budget Supplemental Amended Comments Real Estate Transfer Tax $ 4,270,000 $ 4,403,706 $ 133,706 $ 3,835,000 $ $ 3,835,000 2012"base"sales 20%less than 2010 Golf Course Lease 124,400 126,768 2,368 126,888 126,888 Annual lease payment from Vail Recreation District 2%annual increase-deposited to"Recreation Enhancement Account"(accompanying expenditure listed below) Intergovenmental Revenue 181,000 184,029 3,029 20,000 20,000 2011:$161,000 GOCO Grant for Red Sandstone playground(matching expense below);$20K Lottery fund proceeds Project Reimbursements 442,950 406,329 (36,621) 15,000 1,150,000 1,165,000 2011$400K Insurance reimb for Aspen Ct Bridge and Seibert fountain railing damage($2,950); 2012 VRD portion for Golf Course Clubhouse construction Recreation Amenity Fees 10,000 9,740 (260) 10,000 - 10,000 Earnings on Investments and Other 17,917 149,488 131,571 68,000 - 68,000 Total Revenue 5,046,267 5,280,060 233,793 4,074,888 1,150,000 5,224,888 Maintain Town Assets Annual Park and Landscape Maintenance 1,304,176 1,229,538 74,638 1,350,140 - 1,350,140 Ongoing path,park and open space maintenance,project mgmt Management Fee to General Fund(5%) 213,500 220,185 (6,685) 191,750 191,750 5%of RETT Collections-fee remitted to the General Fund for administration Rec.Path Capital Maint 141,177 68,675 72,502 93,395 - 93,395 Capital maintenance of the town's recreation path system;2012 includes$50K to replace deer screen at Dowd Junction and$15K for pedestrian bridge inspections Tree Maintenance 85,000 50,111 34,889 65,000 25,000 90,000 Re-appropriate for Aspen tree scale;Regular maintenance for tree health within the town (spraying,removing,new trees);scale spraying on town-owned property at approx.$120 per tree; Initiating tree-planting program for lost trees Forest Health Management 145,000 92,067 52,933 195,000 - 195,000 Pine beetle mitigation in conjunction w/forest service(Crew of 6 during spring/summer months) Street Furniture Replacement 22,500 1,106 21,394 25,000 25,000 Annual replacement or capital repairs,includes bike racks Park/Playground Capital Maintenance 114,841 118,920 (4,079) 85,000 85,000 2012 includes paving paths to Stephens Park($22K),ADA compliance for play structure at Stephens Park,Re-landscape main entry(east)at Donovan Park($20K)and resurface Donovan basketball court($1 OK) Alpine Garden Support 65,620 65,620 85,620 85,620 Council approved one-time capital of$20K for water feature in 2012 and$65K of operating Black Gore Creek Sand Mitigation 75,600 75,600 - 50,000 50,000 2012$50K Council contributions Public Art-Operating 90,390 81,022 9,368 92,657 92,657 AIPP salary and operating expenses Environmental Sustainability 309,350 226,896 82,454 250,000 - 250,000 Environmental Sustainability programs Total Maintenance 2,567,154 2,229,740 337,414 2,483,562 25,000 2,508,562 Enhancement of Town Assets Flood Incident Repairs 400,000 382,237 17,763 1,050,000 1,050,000 2011:Replacement of Aspen Court Bridge(reimbursed by insurance);2012:repairs to culverts, drainage,and preventative improvements Stephen's Park Stream Repairs 2,759 - 2,759 - - Streambank stabilization sign(requirement of the grant) Trailhead Development/Improvement 24,000 - 24,000 50,000 50,000 Improve trailheads;Continued need through 2012(one trail per year) ADA Compliance w/VRD 10,000 8,263 1,737 10,000 10,000 Shared costs with VRD-ADA access at recreational facilities;new ADA regulations went into effect 2011;Need to replace drinking fountains at all parks($2K each) Frontage Road Bike Lanes/Trails 2,364,658 1,663,643 701,015 1,150,000 1,150,000 4 miles of bike lanes(6 foot shoulders)to be added prior to CDOT overlay project;first priority is Blue Cow Chute to East Vail; path from Vail Mtn School to E.Vail exit Ford Park Master Plan 2,332,924 1 76,739 2,256,185 - - Transfer re-appropriation to Ford Park project below Ford Park Improvements 200,000 - 200,000 Transfer re-appropriation to Ford Park project below Raw Water/Irrigation Control 379,657 379,657 - Water supply infrastructure;ERWSD working on bringing system up to consistent operation Kayak Take-out 10,000 - 10,000 Developer contribution to be used for whitewater improvements-will track internally rather than carry on budget worksheets Stream Tract Encroachment Survey 14,081 14,081 Survey along Gore Creek Streambank/tract mitigation - - 200,000 200,000 2012 planning;2013 implementation**estimate only** Red Sandstone Park-Per Safety plan 464,000 266,370 197,630 - 197,630 197,630 Reconstruction of playground per safety plan;20 years old Red Sandstone Playground GOCO Grant 161,000 154,826 6,174 - - Pass through GOCO grant proceeds to school district for Red Sandstone playground Booth Creek Playground 15,000 15,000 Previously in 2012;deferred to 2013 Booth Creek Park redevelopment 50,000 50,000 Previous) in 2012;deferred to 2016 4/3/2012 10- 4- 1- 10 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2012 2012 Amended 2011 Variance Original 1st Proposed 2011 Actual Fav/(Unfav) Budget Supplemental Amended Comments Public Art-General program/art 287,016 47,463 239,553 80,000 255,878 335,878 To purchase sculptures,artwork,art programs and events;remainder is re-appropriated each year to accumulate enough funds;Supplement budget for annual donations,manhole cover& jewelery sales,and poster sales contributed during 2011 Public Art-Morales relocation 215,692 210,723 4,969 - - - Relocation project-completed Public Art-Winterfest 51,600 23,206 28,394 33,494 33,494 Recognize donations made for Winterfest event($5,100 in 2011);Re-appropriate donation balance; (approximate cost of event is$25K per year) Guest Service Enhancements 100,000 - 100,000 _ - Planning and design only;implementation currently unfunded;Will present plan to Council for approval Landscape Medians 40,000 21,758 18,242 Frontage road medians alongside redevelopment projects;Re-appropriate to modify landscaping in front of the Sebastian to reduce water usage and ongoing maintenance Open Space Land Acquisition 290,000 281,720 8,280 2011:Purchase of land above Timber Ridge development Total Enhancements 7,412,387 3,516,605 3,895,782 2,540,000 487,002 3,027,002 VRD-Managed Facility Projects Recreation Enhancement Account 377,900 - 377,900 126,888 (126,888) - Transfer balance to Golf Course Clubhouse redevelopment as intended by this reserve account -funded by annual lease revenue Golf Course Clubhouse 1,265,966 5,922 1,260,044 - - - Transferred balance to new clubhouse construction funding(see New Assets below) Golf Course-Other Improvements 400,623 267,456 133,167 18,468 133,167 151,635 Re-appropriate for replacement of maintenance storage building;Improvements to golf course: 7th tee box retaining wall,11th and 17th hole bridges;improvements to maintenance building including stucco,wood trim and soffits;Mtce Storage building Dobson Ice Arena 359,316 16,037 343,279 73,495 343,279 416,774 Re-appropriate for upgrade of louver system,replacement of doors,refurbishment of wood exterior and landscape improvements;'2012:renovate changing rooms and restrooms Ford Park/Tennis Center Improvements 433,753 91,198 342,555 428,910 - 428,910 Re-appropriate 2011 unspent and transfer to Ford Park Fields project for upper bench improvements;2012 outbuilding improvements at ball fields Youth Services 25,000 25,000 - - 2011:transition expenses(FF&E,interior finishes,etc)with new Welcome Center project Gymnastics Center 25,000 2,098 22,902 1,978 1,978 Waiting on energy audit prior to installing cooling system Nature Center 5,529 - 5,529 10,646 - 10,646 2012 wood open rail fencing Total VRD-Managed Facility Projects 2,893,087 407,711 2,485,376 660,385 349,558 1,009,943 New Assets Golf Course Clubhouse(CCF) 340,000 2,071 337,929 6,712,761 6,712,761 Re-appropriation of prior estimate for design and architecture;plus transfer of$1.26M from prior clubhouse capital maintenance budget;$1.15M reimbursement from VRD,allocation of Recreation Enhancement Funds$504K and Conference Center funds of$3.8M(Total project cost estimated at$6.8M) Ford Park Fields(CCF) 175,000 1,400 173,600 6,297,340 6,297,340 Added transfer of$342.61K from Ford Park/Tennis,transfer of$200K from Ford Park Improvements budget and a transfer of$2,256,185 from Ford Park Management Plan budget. Consolidating dollars already in previous budgets and adding use of $3.5M in Conference Center Funds for total project estimated cost of$6.3M Public Restrooms 370,000 - 370,000 370,000 370,000 Restrooms at lower bench of Ford Park Total New Assets: 885,000 3,471 881,529 13,380,101 13,380,101 Total Expenditures 13,757,628 6,157,527 7,600,101 5,683,947 14,241,661 19,925,608 Other Financing Sources(Uses) Transfer to Capital Project Fund (32,964) (32,964) - - - - Transfer to CPF for implementation of energy audit enhancements Transfer from Conference Center Fund 515,000 515,000 - 6,785,000 6,785,000 Transfer from Conf Center Funds for Golf Clubhouse($3.8M)and Ford Park Field projects($3.5M), net of$515K transferred in 2011 for planning/design Revenue Over(Under)Expenditures (8,229,325) (395,431) 7,833,894 (1,609,059) (6,306,661) (7,915,720) Beginning Fund Balance 17,681,155 17,681,155 9,451,831 7,833,894 17,285,725 Ending Fund Balance $ 9,451,830 $ 17,285,724 $ 7,842,772 $ 9,370,005 4/3/2012 -11- 4- 1- 11 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND 2012 2012 2011 2011 Variance Original 1st Proposed Amended Actual Fav/(Unfav) Budget Supplemental Amended Comments Revenue Earnings on Investments 46,800 65,787 18,987 46,800 46,800 Total Revenue 46,800 65,787 18,987 46,800 - 46,800 Expenditures-General Government Capital Outlay 100,000 - 100,000 - 2,100,000 2,100,000 Full contribution toward For Amphitheater project (total estimated cost of$5.OM)$2.5M to be raised by Vail Valley Foundation Total Expenditures 100,000 - 100,000 2,100,000 2,100,000 Other Financing Sources(Uses) Transfer to Capital Projects Fund 515,000 515,000 - - 6,785,000 6,785,000 Transfer to Capital Project Fund for Golf Clubhouse ($3.8M)and Ford Park Field projects($3.5M),net of $515K transferred in 2011 for planning/design Revenue Over(Under)Expenditures (568,200) (449,213) 118,987 46,800 (8,885,000) (8,838,200) Beginning Fund Balance 9,365,004 9,365,004 8,796,804 118,987 8,915,791 Adjust to actual Ending Fund Balance $ 8,796,804 $ 8,915,791 $ 8,843,604 $ 77,591 4/3/2012 12- 4- 1- 12 4/3/2012 13- 4- 1- 13 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES,AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 2012 2012 2011 2011 Variance Original 1st Proposed Amended Actual Fav/(Unfav) Budget Supplemental Amended Comments Revenue E911 Board Revenue $ 743,656 $ 743,656 $ $ 742,256 $ $ 742,256 Interagency Charges 1,214,925 1,214,926 1 1,177,061 1,177,061 Town of Vail Interagency Charge 537,827 537,827 575,706 575,706 Earnings on Investments 7,500 9,891 2,391 7,500 7,500 Other - 4,475 4,475 - - Total Revenue 2,503,908 2,510,775 6,867 2,502,523 2,502,523 Expenditures Salaries&Benefits 1,849,958 1,705,469 144,489 1,881,204 1,881,204 Operating,Maintenance&Contracts 519,006 435,038 83,968 514,001 514,001 Capital Outlay 870,000 736,841 133,159 50,000 133,159 183,159 Continuation of voice-logger/radio system plus initial expenses toward phone system project Total Expenditures 3,238,964 2,877,348 361,616 2,445,205 133,159 2,578,364 Revenue Over(Under)Expenditures (735,056) (366,573) 368,483 57,318 (133,159) (75,841) Beginning Fund Balance 1,532,566 1,532,566 797,510 368,483 1,165,993 Ending Fund Balance $ 797,510 $ 1,165,992 $ 854,828 $ 1,090,152 4/3/2012 13- 4- 1- 13 4/3/2012 -14- 4- 1- 14 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2012 2011 2011 Variance 2012 1st Proposed Amended Actual Fav/(Unfav) Budget Supplemental Amended Comments Revenue Town of Vail Interagency Charge $ 2,824,081 $ 2,814,399 $ (9,682) $ 2,892,362 $ $ 2,892,362 Chargeback to departments Insurance Reimbursements&Other 43,240 71,400 28,160 - Earnings on Investments 10,324 14,165 3,841 10,324 10,324 Equipment Sales and Trade-ins 203,550 106,494 97,056 65,500 65,500 Total Revenue 3,081,195 3,006,458 74,737 2,968,186 2,968,186 Expenditures Salaries&Benefits 960,739 955,023 5,716 996,016 996,016 Operating, Maintenance&Contracts 1,355,190 1,423,681 (68,491) 1,412,095 1,412,095 Capital Outlay 1,148,288 609,946 538,342 389,144 330,000 719,144 Two vehicles(Loader and xx)contracted for in 2011,took delivery in 2012 Total Expenditures 3,464,217 2,988,650 475,567 2,797,255 330,000 3,127,255 Revenue Over(Under)Expenditures (383,022) 17,808 400,830 170,931 (330,000) (159,069) Beginning Fund Balance 2,252,405 2,252,405 1,869,383 400,830 2,270,213 Ending Fund Balance $ 1,869,383 $ 2,270,213 $ 2,040,314 $ 2,111,144 4/3/2012 -14- 4- 1- 14 ORDINANCE NO. 3 SERIES OF 2012 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2012 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2012 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2011, adopting the 2012 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2012 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 173,950 Capital Projects Fund 9,537,904 Real Estate Transfer Tax Fund 14,241,661 Conference Center Fund 8,885,000 Dispatch Services Fund 133,159 Heavy Equipment Fund 330,000 Total $33,301,674 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 declares it would have passed this ordinance, and each Ordinance No.3,Series of 2012 4/3/2012 4- 1 - 15 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. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. 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. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2012, and a public hearing shall be held on this Ordinance on the 17th day of April, 2012, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No.3,Series of 2012 4/3/2012 4- 1 - 16 K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: ACE —Athletics, Culture and Events Independent Funding Initiative PRESENTER(S): Mia Vlaar ACTION REQUESTED OF COUNCIL: ACE requests the Town Council appropriate up to $15,000 to fund a voter poll to gauge support for the independent funding initiative. Results will be presented to Town Council upon completion at the next available meeting for further input and direction. BACKGROUND: One year ago a group was formed at the direction of the sitting Town Council to explore the creation of an independent funding mechanism for events and programs in Vail. Currently the Town Council allocates approximately $2.1 million out of the general fund to support athletic, cultural and other special events in the town on a year round basis. Creating a larger fund is the goal, because this will allow the Town to sustain existing events and attract and secure new events which drive destination guests and thereby lodging and sales tax revenue. STAFF RECOMMENDATION: ACE requests the Town Council appropriate $15,000 to fund a voter poll to gauge support for the independent funding initiative. Results will be presented to Town Council upon completion at the next available meeting for further input and direction. ATTACHMENTS: ACE Memorandum 4'3 201 ACE --------------------------------- 0 ------------------------------------------------------------------------------------------ ATHLETICS , CULTURE AND EVENTS EXPANDED , PERMANENT FUNDING MECHANISM 4/3/2012 5- 1- 1 ACE FUNDING MECHANISM VAIL'S STRATEGIC PLAN Vision To be the Premier International Mountain Resort Community! Our Mission Grow a vibrant, diverse economy and community, providing our citizens and guests with exceptional services and an abundance of recreational, cultural and educational opportunities. Our Values Respect, Trust, Integrity, Innovation, Collaboration, Environmental Stewardship. Our Commitment To provide vision, leadership, efficiency, transparency, accountability and fiscal responsibility. 4/3/2012 5- 1-2 ACE FUNDING MECHANISM VAIL'S KEY GOALS Improve Economic Vitality Grow a Balanced Community mprove the Quality of the Experience Develop Future Leadership 4/3/2012 5- 1-3 ACE FUNDING MECHANISM OURMISSION To create, sustain and ensure a permanent funding source for qualified athletic and cultural events and programs that build and enhance the Vail community and generate economic growth and vitality. Town Council approves appropriation of funds. 4/3/2012 5- 1-4 ACE FUNDING MECHANISM GOVERNANCE ACE fund will be administered by an Advisory Council under the oversight of the Town Council. Awards will be determined by a competitive grant process with funding amounts to individual programs and events determined bv ACE Advisory Council ccording to the defined criteria and tiered structure. All funding will be approved by the Town Council. 4/3/2012 5- 1-5 ACE FUNDING MECHANISM FUNDING CRITERIA Drive Room Nights Create Revenue for Restaurants and Retail Positive Brand Compatibility Growth Potential Appropriate Timing Visitor Intent to Return Improve Sense of Community 4/3/2012 5- 1-6 ACE FUNDING MECHANISM TIER I - NON PROFIT 50% Tier I events and programs have been built by solid organizations over a longer period of time and enjoy regional and national recognition for excellence. Tier I events and programs' customer base includes a significant portion of destination guests. 4/3/2012 5- 1-7 ACE FUNDING MECHANISM TIER I Examples 50% Bravo! Vail Valley Music Festival Teva Summer Games Vail International Dance Festival 4/3/2012 5- 1-8 ACE FUNDING MECHANISM TIER II - PROVEN 30% Tier II programs are proven over time, ° the best in athletics, culture, and events, positively reflect the Vail Brand and adhere to ACE funding criteria. 4/3/2012 5- 1-9 ACE FUNDING MECHANISM TIER II - Examples 30% Vail America Days Vail Lacrosse Shootout Vail Film Festival 4/3/2012 5- 1- 10 ACE FUNDING MECHANISM TIER III - OPPORTUNITY 15% Tier III recipients include programs and events whose activities align with the ACE mission. This Tier offers the greatest opportunity for new or one-time events, such as US Pro Cycling Tour or the Winter Olympics. 4/3/2012 5- 1- 11 ACE FUNDING MECHANISM TIER III - Examples 15% 'l Symposium - Living at your Peak Gran Fondo World: Vail Vail Kids Adventure Race J-3 Junior Olympics 4/3/2012 5- 1- 12 ACE FUNDING MECHANISM TOWN OF VAIL SUPPORT 5% Five percent of the annual fund will be available to offset Town of Vail expenses associated with the growth in events and programs. 4/3/2012 5- 1- 13 ACE FUNDING MECHANISM TOWN OF VAIL BENEFITS Economic Development Support and sustain Vail's iconic programs & events Energize Vail and generate sales and lodging revenue :unding safety net for established events and programs Free up $2.i million for Town Council priorities. 4/3/2012 5- 1- 14 ACE FUNDING MECHANISM REQUEST I ACE respectfully requests $ 15,000 allocation to do a Town voter poll to better understand the electorate's position on the ACE opportunity. TOV staff will direct poll. Funds will be drawn on the allocation as needed 4/3/2012 5- 1- 15 K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: Ford Park Summer Parking Rates Summer 2012 PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Approve the parking rate increase from $5 to $10 per event day. BACKGROUND: Staff has met with all Ford Park "user groups" to discuss raising the in-close parking fees to a level that at a minimum will cover the disparity between revenues and expenditures. $5 in-close parking was implemented soon after the passage of the Ford Park Management Plan in April 1997, but only after the South Frontage Road path was extended from the park to the Village Parking Structure. At that time, Council felt comfortable that park users had sufficient choices available to them as to how to access the park. Almost 50 paid and managed parking days have been identified for the upcoming summer. With the success of the express shuttle from the LionsHead Parking Structure to Ford Park over these days + approximately 25 more (covering Sunday Farmer's Markets and other assorted special events), it is now felt that in-close parking should pay for itself (and should close a $20,000 gap). An increase of$5 to $10 per event would cover this expense. User groups have been offered a discounted rate to satisfy their direct user's needs. STAFF RECOMMENDATION: Approve the parking rate increase from $5 to $10 per event day. 4 2012 K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: East Meadow Drive Reconstruction PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Reallocate funds from the 2013 budget to the 2012 budget in order to expedite the replacement of the heated streetscape wihtin East Meadow Drive. BACKGROUND: East Meadow Drive, from the Solaris bus neckdown to the Vail Road bus neckdown, reconstruction was completed in the spring of 2005 and then modified in 2008. Since that time there have been a numerous snowmelt leaks within the snowmelt tubing. Staff believes that the condition of the sand and snowmelt has reached a point where it is necessary to replace the pavement section. Staff recommends replacing the existing pavement section (pavers, sand, snowmelt and asphalt) with a new section consisting of asphalt set pavers on top of snowmelt embedded in concrete. This particular new concrete section has been used successfully at the bus neckdowns; at the Austria Haus, Solaris, and Vail Road. The 2013 budget is carrying $500,000 for the replacement of this heated paver section. Staff suggests moving these funds from 2013 to 2012 and completing the repairs this spring. STAFF RECOMMENDATION: Staff recommends supplementing the 2012 budget in the amount of$500,000, and removing the same amount from the 2013 budget; and to direct the Town Manager to enter into a contract, in a form approved by the Town Attorney, with B&B Excavating in the amount of$319,008.56 in order to complete the work this spring. ATTACHMENTS: Memo 4 ; -'01 0 TOWN OF VAIL ) Memorandum To: Town Council From: Public Works Date: April 4, 2012 Subject: East Meadow Drive I. BACKGROUND & PROBLEM East Meadow Drive, from the Solaris bus neckdown to the Vail Road bus neckdown, reconstruction was completed in the spring of 2005 and then modified in 2008. Since that time there have been a numerous snowmelt leaks within the snowmelt tubing. This past winter the number of leaks significantly increased to four in this one area at a repair cost of -$20,000. The cause of the damage is poor drainage and the weight and frequency of the In-Town buses. The pressure applied to the pavers from the buses is forcing the paver bedding sand to "pump" out from beneath the pavers exposing the snowmelt tubing to the underside of the pavers. This "pumping" action causes point loads and friction on the snowmelt tubing, causing the tubing to fail. Pumping occurs when the sand is saturated (semi-liquefied) and a heavy vehicle applies pressure against the pavers, thus squeezing the saturated sand out from beneath the pavers thru the paver joints. This particular stretch of East Meadow Drive is very flat, and it is essentially impossible to get adequate drainage to drain the sand layer to allow the paver sand section to function properly. In an effort to minimize the amount of water that enters the sand layer, the Town placed polymer sand in the joints of the pavers this past fall. The purpose was to aid in moisture migration between pavers. Unfortunately this did not solve the problem. II. SUGGESTED ACTION Staff believes that the condition of the sand and snowmelt has reached a point where it is necessary to replace the pavement section. Staff recommends replacing the existing pavement section (pavers, sand, snowmelt and asphalt) with a new section consisting of asphalt set pavers on top of snowmelt embedded in concrete. This particular new concrete section has been used successfully at the bus neckdowns; at the Austria Haus, Solaris, and Vail Road. This pavement section eliminates the sand layer, the 4/3/2012 7- 1 - I pumping action, and embeds the snowmelt in concrete, while still providing a paver treatment surface. The 2013 budget is carrying $500,000 for the replacement of this heated paver section. Staff suggests moving these funds from 2013 to 2012 and completing the repairs this spring. In order to keep this spring's construction window open for the work, Staff bid the work and received three bids; B&B Excavating $3197008.56 Icon, Inc. $3297058.43 Schofield Excavating $3467815.00 At this point the work can still be completed this spring from April 16th thru May 29tH This will allow the construction to be completed prior to TEVA games and the start of the Summer Events, minimizing the impact to the community. If the project is held off until 2013 we will likely continue to see failures thru the summer and winter seasons. The summer failures will require additional costly repairs prior to starting up the snowmelt system in the fall, and additional winter season failures may ultimately lead to shutting this snowmelt system down and plowing this stretch of road. Completing the work within an early spring construction season will have the least impact to the community as compared to completing the work during the summer or fall. Other areas of East Meadow Drive which were constructed using the existing pavement section and see the same amount of bus traffic have performed well since 2007. We believe this is due to the presence of good drainage. We have no reason to believe that other sections will have this same issue at this time. III. Staff Recommendations Staff recommends supplementing the 2012 budget in the amount of $500,000, and removing the same amount from the 2013 budget; and to direct the Town Manager to enter into a contract, in a form approved by the Town Attorney, with B&B Excavating in the amount of $319,008.56 in order to complete the work this spring. Town of Vail Page 2 4/3/2012 7- 1 -2 K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: Ordinance No. 2, Series of 2012, an ordinance amending 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 (VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant requests that the Vail Town Council approves Ordinance No. 2, Series of 2012, on first reading. The applicant request that the Vail Town Council tables Resolution No. 7, Series of 2012, to its April 17, 2012, public hearing to correspond to the second reading of the associated Ordinance No. 2, Series of 2012. BACKGROUND: On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed Ordinance No. 2, Series of 2012, and , Resolution No. 7, Series of 2012, by a vote of 4-1-1 (Rediker opposed and Pratt recused). The purpose of the proposed ordinance is to establish a new zone district, the Vail Village Townhouse (VVT) District; and the purpose of the proposed resolution is to establish related design guidelines as part of the Vail Village Master Plan. The purpose for establishing a new zone district and related design guidelines are as follows: - Streamlining the development review process by establishing a new zone district to specifically address townhouse properties which reduces legal non-conformities and the need for future variances. - Create incentives for redevelopment of existing townhouse properties. - Preserve the existing residential character of the townhouse properties and the neighborhood. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves the first reading of Ordinance No. 2, Series of 2012. The Community Development Department recommends that the Council tables Resolution No. 7, Series of 2012, to its April 17, 2012, public hearing to correspond to the second reading of the associated ordinance. 4 ; _'01 ATTACHMENTS: Town Council memorandum Attachment A. map Attachment B. Ordinance No. 2, Series of 2012 Attachment C. Resolution No. 7, Series of 2012 Attachment D. Mauriello Planning Group Attachment E. GRFA Spreadsheets Attachment F. PEC memo Attachment G. PEC results 4/3/2012 TOWN OF VAIL ' Memorandum TO: Vail Town Council FROM: Community Development Department DATE: April 3, 2012 SUBJECT: Ordinance No. 2, Series of 2012, an ordinance amending 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 Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY Ordinance No. 2, Series of 2012, establishes a new zone district, the Vail Village Townhouse District. Resolution No. 7, Series of 2012, amends the Vail Village Master Plan related to the new zone district and includes new design guidelines specifically tailored for the townhouse properties in the proposed zone district. The proposed Ordinance No. 2, Series of 2012, (Attachment B) and Resolution No. 7, Series of 2012, (Attachment C) have been attached for review. The proposed new zone district and associated master plan amendments are anticipated to be applied to the existing townhouse properties located within Vail Village. A vicinity map identifying the location of these properties has been attached for reference (Attachment A). II. DESCRIPTION OF THE REQUEST WHY CREATE A VAIL VILLAGE TOWNHOUSE ZONE DISTRICT? • The existing townhouse properties in Vail Village are currently zoned High Density Multiple Family District (HDMF). The HDMF zone district was not 4/3/2012 8- 1 - I designed to address townhouse properties. The existing townhouses are legally non-conforming in regard to current zoning standards (setbacks, density, landscape area, parking, etc.) • Two types of plats: some units are part of a larger development site (Vail Townhouse Condominiums Lots 1-6, Vail Trails, Vail Trails East) while others units were platted as individual development sites (Vail Rowhouses Lots 7-13, Texas Townhomes). • Redevelopment is only possible with variances. Previous variances have created inconsistency, inequity, and extended the length and complexity of the development review process. • Demo/Rebuild construction results in a loss of development rights. • Creating a new zone district can streamline the development review process. WHAT ARE THE PURPOSES OF THE NEW ZONE DISTRICT? • Streamlining the development review process by establishing a new zone district to specifically address townhouse properties which reduces legal non- conformities and the need for future variances. • Create incentives for redevelopment of existing townhouse properties. • Preserve the existing residential character of the townhouse properties and the neighborhood. HOW WILL DEVELOPMENT STANDARDS CHANGE FROM HDMF TO VVTD? Development HDM F VVTD Standard Permitted Uses Lodges Multiple-Family Dwellings Multiple-Family Dwellings Employee Housing Units Employee Housing Units Lot Area 10,000 sf buildable lot area 10,000 sf total lot area 30 ft min street frontage 2,000 sf individually platted lots 80 ft x 80 ft square 20 ft min street frontage Setbacks Front 20 ft Front 20 ft Sides 20 ft Sides 20 ft Rear 20 ft Rear 20 ft between attached units 0 ft Building Height Flat roof 45 ft Flat roof 40 ft Sloping roof 48 ft Sloping roof 43 ft Town of Vail Page 2 4/3/2012 8- 1 -2 Density 25 units/acre greater of existing number and 25 units/acre GRFA 0.76 ratio to buildable lot area 1.35 ratio to total lot area (gross residential + "250 Additions" No "250 Additions" floor area) + Interior Conversions No Interior Conversions + Individual garage deduction No individual garage deduction Site Coverage 55% of total lot area 55% of total lot area Landscape Area 30% of total lot area 20% of total lot area Parking 75% of spaces enclosed Surface parking allowed Not allowed in front setback Allowed in front setback Allowed in street right-of-way Design Guidelines n/a see Vail Village Master Plan WHAT ARE THE PROPOSED TOWNHOUSE DESIGN GUIDELINES? • DEVELOPMENT PATTERN: residential row style development • ARCHITECTURAL THEME: architecturally integrated units, uniformity vs. individuality • BUILDING FORM & MASSING: two-story facade appearance, building step- backs from street • STREET EDGE: street enclosure, continuity, visual interest • FACADE: reduce appearance of building height, residential character, no unbroken wall planes, street level garage doors discouraged • CANTILEVERS: more than 3 feet discouraged and stacking not allowed • ROOF PITCH: primary roofs 3:12 to 4:12, secondary roofs 6:12 to 9:12, limit flat roofs, discourage mansard roofs • ROOF RIDGE: parallel to front facade, create visual interest, reduce appearance of building height, articulation, add dormers • FENCE/SITE WALL: discouraged except to screen trash and utilities • LANDSCAPING: add privacy and soften front building facades • DECK RAILS: reduce the appearance of building height, include transparency, include material changes, step from walls Town of Vail Page 3 4/3/2012 8- 1 -3 • PARKING: allow at-grade surface parking and below grade parking structures, discourage individual garages and carports on the first floor (street level) III. BACKGROUND On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed Ordinance No. 2, Series of 2012, and , Resolution No. 7, Series of 2012, by a vote of 4-1-1 (Rediker opposed and Pratt recused). The November 14, 2011, Staff memorandum to the Planning and Environmental Commission Memorandum (Attachment F) and meeting results (Attachment G) have been attached for reference. On February 21, 2012, the Vail Town Council held a work session to discuss the proposed ordinance and resolution establishing the Vail Village Townhouse District and the associated Vail Village Master Plan amendments. At that hearing the Council asked questions concerning the heights of nearby buildings, how the existing GRFA development potential was calculated, and how changes to the GRFA ratios could affect the massing of the subject townhouse buildings. A power point presentation attached to the November 14, 2011, Planning and Environmental Commission memorandum (Attachment F) identifies the eave heights of the buildings adjacent to the subject townhouse properties. This power point presentation also includes a summary of the current GRFA development potential for the subject properties. Also attached are the spread sheets used to calculate the current GRFA development potential for the subject townhouse properties. These spread sheets include an analysis of the theoretical maximum allowable GRFA based upon lot size and an analysis of the maximum allowable GRFA based upon the existing built conditions which accounts for existing legal non-conforming densities and identification of which units did, and did not, construct "250 Additions" prior to 2004. (Attachment E) Since the Vail Town Council's last work session, the Mauriello Planning Group has submitted a handout for the Council's consideration (Attachment D). This handout includes additional models showing the impacts of various GRFA ratios and presents their client's proposed alternatives to the attached ordinance and resolution. IV. ACTION REQUESTED OF THE COUNCIL The applicant requests that the Vail Town Council approves Ordinance No. 2, Series of 2012, on first reading. The applicant request that the Vail Town Council tables the final approval of Resolution No. 7, Series of 2012, to its April 17, 2012, public hearing to correspond with the second reading of the associated Ordinance No. 2, Series of 2012. V. RECOMMENDATION Town of Vail Page 4 4/3/2012 8- 1 -4 Ordinance No. 2, Series of 2012 On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed ordinance. Should the Vail Town Council choose to approve Ordinance No. 2, Series of 2012, on first reading; the Planning and Environmental Commission recommends the Council pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 2, Series of 2012, an ordinance amending 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 (VVT) District, and setting forth details in regard thereto." Should the Vail Town Council choose to approve this ordinance, the Planning and Environmental Commission recommends the Vail Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's November 141 2011, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds. 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 2. That the amendment furthers the general and specific purposes of the zoning regulations, and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." Resolution No. 7, Series of 2012 The Community Development Department recommends that the Vail Town Council tables the final approval of Resolution No. 7, Series of 2012, to its April 17, 2012, to correspond to the second reading of the associated Ordinance No. 2, Series of 2012. Should the Vail Town Council choose to table this item, the Community Development Department recommends the Council pass the following motion: "The Vail Town Council tables Resolution No. 7, Series of 2012, a resolution amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Town of Vail Page 5 4/3/2012 8- 1 -5 Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto, to its April 17, 2012, public hearing." VI. ATTACHMENTS A. Existing Vail Village Townhouse Properties Map B. Ordinance No. 2, Series of 2012 C. Resolution No. 7, Series of 2012 D. Mauriello Planning Group letter dated April 4, 2012 E. GRFA Analysis Spread Sheets F. Planning and Environmental Commission Memorandum November 14, 2011 G. Planning and Environmental Commission Meeting Results November 14, 2011 Town of Vail Page 6 4/3/2012 8- 1 -6 Existing Vail Village Townhouse Properties Subject Properties I f i It'-eel [wrere C,ow,,oe��inen�eaoo ��a� 5 150 300 8-2- 1 Last Mcdlfled:September 27,2010 IGANffYRf, ORDINANCE NO. 2 Series of 2012 AN ORDINANCE AMENDING CHAPTER 12-6, RESIDENTIAL DISTRICTS,VAIL TOWN CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the purpose of the amendments is to establish a new zone district to regulate existing townhouse properties in Vail Village that were legally non-conforming in regard to the provisions of the High Density Multiple-Family District; and, WHEREAS, the purpose of the amendments is to establish incentives for the redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the amendments is to preserve the existing characterof the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, WHEREAS, on November 14, 2011 , the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town's Zoning Regulations and establish the Vail Village Townhouse District, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for the proposed Zoning Regulation amendments to the Vail Town Council; and, WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No.2,Series of 2012 4/3/2012� 8-3- I SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikeethre,irvh text that is to be added is bold, and sections of text that are not amended have been omitted): Vail Village Townhouse (VVT) District 6J SECTION 2. Section 12-2-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in , text that is to be added is bold, and sections of text that are not amended have been omitted): TOWNHOUSE PROJECT: A building or group of associated buildings consisting of multiple-family dwelling units designed as attached or row dwellings that are treated as one entity for zoning purposes. INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse project that is subdivided and for zoning purposes is treated as a separate entity from the remainder of the project. SECTION 3. Section 12-4-1 , Designated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in text that is to be added is bold, and sections of text that are not amended have been omitted): The following zone districts are established: Vail Village Townhouse (VVT) District SECTION 4. Chapter 12-6, Residential Districts, Vail Town Code, is hereby established as follows (text that is to be added is bold): ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT 12-6J-1: PURPOSE: The Vail Village Townhouse District is intended to provide sites for, and maintain the unique character of, existing townhouse properties in the Vail Village Master Plan area of the Town of Vail. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year- round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome Ordinance No.2,Series of 2012 4/3/20122 8-3-2 properties that were legally nonconforming in the High Density Multiple Family District. The Vail Village Townhouse District is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village Master Plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), reductions in landscaping area, and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village Master Plan to maintain the unique character of existing townhouse developments in Vail Village. 12-6J-2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple-family residential dwellings, including attached and row dwellings and condominium dwellings. 12-6J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Home child daycare facilities, as further regulated by section 12- 14-12 of this title. Public buildings, grounds and facilities. Public utility and public service uses. Timeshare units. 12-6J-4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Ordinance No.2,Series of 2012 4/3/2012 3 8-3-3 Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6J-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area for a townhouse project shall be ten thousand (10,000) square feet of total site area. Each site shall have a minimum frontage of twenty feet (20'). The minimum lot or site area for individually platted townhouse lots shall be two thousand (2,000) square feet of total site area, each site shall have a minimum frontage of twenty feet (20'). 12-6J-6: SETBACKS: The minimum setback shall be twenty feet (20') from the front and rear property lines. The minimum setback shall be twenty feet(20')from the side property lines, except the setback shall be zero feet (0') from the side property lines between attached dwelling units. 12-6J-7: HEIGHT: For a flat roof, the height of buildings shall not exceed forty feet (40'). For a sloping roof, the height of buildings shall not exceed forty three feet (43'). 12-6J-8: DENSITY CONTROL: The existing number of legally established units on a development site or twenty-five dwelling units per acre of total site area, whichever is greater, shall be allowed. A dwelling unit may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-6J-9: GROSS RESIDENTIAL FLOOR AREA: Not more than one hundred thirty five (135) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of total site area. Attached or row dwellings in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5: Additional Gross Residential Floor Area (250 Ordinance), or section 12-15-4: Interior Conversions of this title. There shall be no exclusion to gross residential floor area granted for enclosed garage space within individual dwelling units as referenced in Chapter 15 Gross Residential Floor Area. 12-6J-10: SITE COVERAGE: Site coverage shall not exceed fifty five (55%) of the total site area. Ordinance No.2,Series of 2012 4/3/20124 8-3-4 12-6J-11: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped. 12-6J-12: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking legally established within the street right-of-way may be continued subject to a revocable right-of-way permit issued by the Town of Vail. 12-6J-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Design Review Board and/or Administrator that the proposed new construction, addition, or minor exterior alteration is in compliance with the applicable elements of the Vail Village Master Plan, Vail Village Urban Design Guide Plan, and the Vail Village Design Considerations. SECTION 5. Section 12-10-17-13, Lease Qualifications, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikeethrel irvh text that is to be added is bold, and sections of text that are not amended have been omitted): 1 . Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in commercial core 1 , commercial core 2, commercial core 3, high density multiple-family, Vail Village Townhouse, public accommodations, Lionshead mixed use 1 , Lionshead mixed use 2, or special development zone districts and provides sufficient parking for use by employees may apply to the administrator of the town for a permit to lease parking spaces. SECTION 6. Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type , Vail Town Code, is hereby amended in part as follows (text to be deleted is in c+rilio+hr�i irvh text that is to be added is bold, and sections of text that are not amended have been omitted): Type Residential cluster The EHU The EHU n/a n/a Per A.Dwelling + The EHU is III Low density multiple-family may be is chapter unit: 300 sq. excluded Medium density multiple- sold or excluded 10 of ft.minimum from the family transferred from the this title and 1,200 calculation High density multiple-family separately. calculatio as a sq.ft. of density. Vail Village Townhouse n of dwelling maximum. Public accommodation GRFA. unit. Commercial core 1 Commercial core 2 Dormitory u Commercial core 3 unit: Commercial service center ft.minimum um m Arterial business for each Heavy service person Lionshead mixed use 1 occupying Lionshead mixed use 2 the EHU. Public accommodation 2 Ordinance No.2,Series of 2012 4/3/2012 5 8-3-5 Ski base/recreation Ski base/recreation 2 Special development district Parking district General use SECTION 7. Section 12-15-2, GRFA Requirements By Zone District, Vail Town Code, is hereby amended in part as follows (text to be deleted is in text that is to be added is bold, and sections of text that are not amended have been omitted): Zone Districts I GRFA Credits (Added To Results Of GRFA Ratio Application Of Percentage) VVT 1.35 of total site area None Vail Village Townhouse SECTION 8. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in c+rikethrel irvh text that is to be added is bold, and sections of text that are not amended have been omitted): B. Within The Residential Cluster(RC), Low Density Multiple-Family(LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), A-P4 Housing (H), and Vail Village Townhouse (VVT) Districts: SECTION 9. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in text that is to be added is bold, and sections of text that are not amended have been omitted): C. Within All Districts Except The Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple- Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), A-R4 Housing (H), and Vail Village Townhouse (VVT) Districts: SECTION 10. Section 12-15-4, Interior Conversions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikeethrel irvh text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: Within all zone districts except the single-family residential (SFR), two-family residential (R), a444 two-family primary/secondary residential (PS), and Vail Village Townhouse (VVT) districts, dwelling Ordinance No.2,Series of 2012 4/3/2012 6 8-3-6 units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1 . Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein. 2. For the purpose of this section, "existing unit" shall mean any dwelling unit that has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has received final design review board approval prior to August 5, 1997. SECTION 11 . Section 12-15-5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, is hereby amended in part as follows (text to be deleted is in strilko+hre,irrh text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: The provisions of this section shall apply to dwelling units in all zone districts except the single-family residential (SFR), two-family residential (R), aP4 two-family primary/secondary residential (PS), and Vail Village Townhouse (VVT) districts. SECTION 12. Section 12-24-1 , Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in , text that is to be added is bold, and sections of text that are not amended have been omitted): B. This chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in section 12-24-5 of this chapter: 2. Vail Village Townhouse (VVT) SECTION 13. Section 14-8-1 Site Development Standards, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No.2,Series of 2012 4/3/2012 7 8-3-7 Zone Districts Existing Type III 20'front May project May project 4' 55% 20% 110,000 sq.ft.for 20' Max. Village number of and Type 20'rear not more not more comprehensive roof chapter 10 of Townhouse legally IV,Type IV- Architectural development site; Min.Lot Size established IZ,Type 0' lesser of lesser of 5' 2,000 sq.ft.for 43' Existing Projection units or 25 VII-IZ (Buildable Area In individually platted sloping parking in Min. Min. Deck Min. Deck Into Setback townhouse lots Min. Sq. Ft.) total site Max. EHU Building (Ground (Not Ground area. Max.Site Land- Min. continue Density Allowance Setbacks Level) Level) Coverage scape Frontag revocable right- Setback Setback Area of-way permit. Residential Districts Min. Max. Square Building Parking And e Area Height Loading Location VVT Vail Existing Type III 20'front May project May project 4' 55% 20% 110,000 sq.ft.for 20' n/a 40'flat See title 12, Village number of and Type 20'rear not more not more comprehensive roof chapter 10 of Townhouse legally IV,Type IV- 20'sides than the than the development site; this code. established IZ,Type 0' lesser of lesser of 5' 2,000 sq.ft.for 43' Existing units or 25 VII-IZ between 10'or 1/2 or 1/2 the individually platted sloping parking in per acre of attached the required townhouse lots roof street right-of- total site dwelling required setback way may area. units setback continue subject a revocable right- of-way permit. Ordinance No.2,Series of 2012 4/3/2012 8-3-8 SECTION 14. 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 Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 15. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 16. The amendment of any provision of the Town Code 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 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 17. 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 21St day of February, 2012 and a public hearing for second reading of this Ordinance set for the 6th day of March, 2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No.2,Series of 2012 4/3/2012 9 8-3-9 RESOLUTION NO. 7 Series of 2012 A RESOLUTION AMENDING CHAPTER VII, VAIL VILLAGE SUB-AREAS, EAST GORE CREEK SUB-AREA (#6), VAIL VILLAGE MASTER PLAN TO INCLUDE RECOMMENDATIONS RELATED TO A NEW VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter VIII, Implementation and Amendment, Vail Village Master Plan, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the adoption of the Vail Village Townhouse (VVT) District necessitates associated updates to the Vail Village Master Plan; and, WHEREAS, the purpose of the amendments is to establish recommendations and design considerations for the redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the amendments is to preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, WHEREAS, on November 14, 2011 the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town's Zoning Regulations and establish the Vail Village Townhouse District and associated amendments to the Vail Village Master Plan; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for the proposed Vail Village Master Plan amendments to the Vail Town Council; and, WHEREAS, the Vail Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Vail Village Master Plan furthers the general and specific purposes of the plan; and, WHEREAS, the Vail Town Council finds and determines 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. 1 RCSOIUTIOn No.7,Series 42012 4/3/2012 8-4- 1 NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1 . Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, is hereby amended in part as follows (text to be deleted is in strikethrG irvh text that is to be added is bold, and sections of text that are not amended have been omitted): EAST GORE CREEK SUB AREA (#6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub-Area. Development in this area is exclusively multi-family condominium and townhouse projects with a limited amount of support commercial. Surface parking is found at each site, which creates a dominant visual impression of the sub-area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. These T#Fs developments could be accommodated by partial infills of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered ems¢ in conjunction with the comprehensive redevelopment of projects or individual units. There are several townhouse properties within this sub-area which were platted and/or constructed under Eagle County jurisdiction. These townhouse properties are nonconforming with the many of development standards (including, but not limited to density, gross residential floor area, setbacks, site coverage, landscape area) of the High Density Multiple Family (HDMF) District. It is recommended that greater flexibility with the development standards may be necessary to allow these townhouse projects to redevelop. This flexibility may be achieved through the rezoning to the Vail Village Townhouse (VVT) District. However, the granting of variances from the HDMF District or rezoning to the Vail Village Townhouse (VVT) District should consider potential impacts to the character of the neighborhood. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development-as The opportunity to introduce below grade structured parking will greatly improve pedestrian ization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub-area. 2 RCSOIUTIOn No.7,Series 42012 4/3/2012 8-4-2 Development or redevelopment of this sub-area may attract additional traffic and population into this area and may have significant impacts upon portions of Sub-Areas 7 and 10. There are several existing townhouse properties in the East Gore Creek Sub-Area, including the Vail Townhouse Condominiums, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes. These design considerations provide recommendations for the redevelopment of these properties. The purpose of these design considerations is to preserve the unique character of the existing townhouse properties in Vail Village. Redevelopment should be consistent with the existing pedestrian- oriented, urban character of Vail Village. All demo/rebuild and new construction projects in the Vail Village Townhouse District shall comply with these guidelines. It is understood that renovations to existing buildings may be unable to fully comply with some of these design considerations. Redevelopment to existing buildings will be evaluated on a case-by-case basis, with determination of compliance based upon whether the renovation to an existing building meets the general intent of these design considerations. A. Zoning: The existing townhouse properties in the East Gore Creek Sub-Area including the Vail Townhouse Condominiums, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes should be rezoned from the High Density Multiple-Family (HDMF) District to the Vail Village Townhouse (VVT) District. B. Development Pattern: Townhouse properties in the East Gore Creek Sub-Area should exhibit the appearance and characteristics of a residential row style development. Buildings should face the street and appear to be a series of proportionally sized, individual dwelling units occupying the space from the ground to the roof that are attached inline by shared side walls. Buildings should exhibit these characteristics regardless of ownership patterns or the horizontal and vertical subdivision of properties, and should create a perceived dwelling unit occupying the space within a building from the ground to the roof. C. Architectural Theme: The existing architectural and aesthetic character of the townhouse properties in Vail Village shall be preserved. 1. Units: The architectural theme of each dwelling unit or perceived dwelling unit (occupying the space within a building 3 RCSOIUTIon No.7,Series 42012 4/3/2012 8-4-3 from the ground to the roof) shall be expressed on all sides of that unit to create an architecturally integrated unit. 2. Buildings: Townhouse buildings shall express an architectural theme of either uniformity or individuality. To portray architectural and aesthetic integrity, a combination of both themes within a single building is discouraged. a. Uniformity: Townhouse buildings may express a singular, unified architectural theme in which every perceived dwelling unit (occupying the space from ground to the roof) in a building is composed of substantially the same exterior design, materials, textures, and colors. b. Individuality: Townhouse buildings may express an individualistic architectural theme in which each perceived dwelling unit (occupying the space from ground to the roof) in a building varies in exterior design, materials, textures, and colors; so that abutting units do not have the same architectural treatment. This expression of individuality among units must be balanced with the character of the adjacent units and the building as a whole. D. Building Form and Massing: Buildings shall step back from the front property line to create the appearance of a two-story facade along the street. For the purposes of these design considerations, a story is considered the space between the surface of any floor and the next floor or ceiling above, not exceeding 11 feet in height. The front facade of the first floor or street level and the second floor shall be located within 20 to 28 feet of the front property line. The front facade of the third floor and any floors above shall step back 6 to 10 feet from the facade of the second floor below. E. Street Edge: Front facade shall be generally parallel to the street and form a strong, but irregular edge to the street. Front facades shall generally align with adjacent units and buildings to create a sense of street enclosure and continuity, but shall have enough offset between units and buildings to create visual interest. F. Facade: To reduce the appearance of building height and mass, and to create a residential scale and character, all facades shall incorporate vertical and horizontal articulation to reduce the appearance of building height and mass and to foster the 4 RCSOIUTIon No.7,Series 42012 4/3/2012 8-4-4 appearance of a residential neighborhood. Facades should incorporate doors, decks, porches, balconies, fenestration, recesses, bay windows, ornamentation, and other traditional residential architectural elements. No facade shall appear to be a large unbroken plane. To preserve the existing pedestrian scale and residential character of the neighborhood, dwelling unit entries are encouraged on the front of the building; however, garage entries are strongly discouraged on the front facade. G. Cantilevers: On the front facade, floor area cantilevered more than three feet beyond the level below is strongly discouraged. Cantilevered floor areas shall not be stacked or cantilevered atop one another. H. Roof Pitch: The primary roof form should be sloping with pitches from 3:12 to 4:12. Secondary roofs should be sloping with pitches from 6:12 to 9:12. Flat roofs may have limited use as secondary roofs for decks and mechanical equipment areas. Mansard roofs create the perception of additional bulk and mass and are inconsistent with the architectural character of the existing townhouse properties and the existing neighborhood. Therefore, mansard roofs are discouraged. I. Roof Ridge: The primary roof ridges shall be parallel with the front facade of the building and should be oriented to not shed snow or rain onto adjacent properties. To create visual interest and to reduce the perception of building bulk and mass, roofs shall not create the appearance of continuous ridges between units or buildings. Roof ridges should be articulated by stepping in elevation and varying from front to rear. Dormers and other secondary roof forms may also be used minimize the perception of a continuous ridge. J. Fences and Site Walls: Privacy fences and walls along the street are discouraged, except to screen trash areas, utility equipment, and other similar items. K. Landscaping: Landscaping should be used to create privacy and to soften the visual transition from roadways and parking areas to the building facades. L. Deck Rails: Deck rails shall be designed to minimize the perception of additional building bulk and mass. Deck rails should incorporate transparency, material changes, and stepping in alignment from other building elements. Solid railings that appear to extend the exterior wall material from below are discouraged. 5 RCSOIUTIOn No.7,Series 42012 4/3/2012 8-4-5 M. Parking: Off-street parking should be located on at-grade surface driveways or in below grade shared parking structures. Off-street parking should not be accommodated with individual or shared garages, carports, or parking structures on the first floor or street level. #6-1 °cirl°n+io1 Infill Texas Townhomes/Vail Trails A—d—it.i°no1 fl°°r °r r°cirl°n+io1 deVeI°nm°n+ °�i°r)niho+ is °victoRg Additi I deRGity +° h° n°ncide Pe l °nhi in n°nii inn+i°n )nii+h a n°mnr°h°nQl\/° r°rl° i°I°nm°n+ Gf °a„h nr°i°n+ To encourage redevelopment and to maintain the existing character of the neighborhood, the Vail Village Townhouse (VVT) District was established to grant additional gross residential floor area over what was allowed under High Density Multiple Family (HDMF) District zoning. A key factor in the redevelopment of these properties will be to relocate required parking in underground structures or a single unified structure serving all adjacent properties. This will allow for increased landscaping and overall improvements to pedestrian ways to create a park-like setting on the surface in this area. Redevelopment shall maintain the existing character of the neighborhood, with the appearance of two to three story buildings along the street elevation. In all cases, the mature pines along Gore Creek shall be maintained. Stream impact must be considered. Special emphasis on 1 .2, 2.3, 2.6, 3.1 , 5.1 , 6.2. #6-2 Manor Vail Possible residential infill on portions of existing surface parking area and additional floor to the two northern most buildings adjacent to Gore Creek. Infill project must include addition of greenspace adjacent to East Mill Creek and other adjoining pedestrian areas. Height of structure shall be limited to prevent impacts on view to the Gore Range from Village core and Vail Valley Drive. Present and future parking demand to be met on site. Traffic considerations must be addressed. Special emphasis on 1 .2, 2.3, 2.6, 3.1 , 4.1 , 5.1 , 6.1 #6-3 Vail Row Houses To encourage redevelopment, the Vail Village Townhouse (VVT) District was established to grant additional gross residential floor area over what was allowed under High Density Multiple Family (HDMF) District zoning. Where possible, driveway widths shall be minimized and areas for landscaping increased. Surface parking shall be improved when redevelopment occurs using high quality landscape paver treatments and the current post and chain parking delineation shall be replaced with other methods to identify private parking. Redevelopment shall maintain the existing character of the neighborhood, with the appearance of two to three story buildings 6 RCSOIUTIOn No.7,Series 42012 4/3/2012 8-4-6 along the street elevation. Improvements to the Gore Creek stream corridor, consistent with Town policies, shall be considered with redevelopment applications. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2. QF}UE - } _ { 6-3 EAST GORc .s INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21St day of February, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk 7 RCSOIUf on No.7,Series of 2012 4/3/2012 8-4-7 Bill Gibson From: Dominic Mauriello <dominic @mpgvail.com> Sent: Thursday, March 22, 2012 2:43 PM To: Council Dist List Cc: Bill Gibson Subject: Vail Town House District Attachments: Vail Townhouse Zoning Handout 4-3-12.pdf; ATT00001.htm Hello Town Council members: I understand that the Vail Town House Zone District will be coming up for a vote on April 3 and I wanted to provide you with a handout that summarizes our suggestions with regard to GRFA. Please see the attached and I look forward to seeing you on April 3. Thanks again for taking the time to complete this code amendment process with a new set of rules that are well thought out and with very strict design parameters. We believe staff has come up with an approach that is very much "state of the art" with the addition of one of our proposed limited changes. Sincerely, Dominic F. Mauriello, AICP Mauriello Planning Group, LLC PO Box 4777 2205 Eagle Ranch Road Eagle, Colorado 81631 970-376-3318 cell www.mpgvail.com 1 4/3/2012 8-5- 1 undercurrent i is � - QM -, 'sum �. �� •cn 0 Yes ' El 1 ■ - - — Some Growth 0 ..but not a- much Facade !_7 Bulk&Mass Restrictions 111 ■ _ Gause or1.35 I� �•�' or 1.55 LOT a LOT 9 OR LOT 9 GRFA to be 0 w L10 GRFA 1.35 GRFA 1-55 GRFA Nr iLlot 9L N + LOT 9 114'. F-0-0 3.24.11 1.5.. GRFA 1.10 LOT 3 GRFA W N TOV TOWNHOUSE ZONING PROPOSAL 2.0 (No forced Balconies} "Facades Articulations" (Outsides) Lot #9 • - 1.55 - GRFA fits _ Inside Proposed New - i=acades Rules 5 MEN r L4".1'-0-03.24.11 ZONING PROPOSAL 2.0 �, � • • ; , J� �� � Ott,.,, I�11 i�fl 111 111 jQIfTM LLJVATION LOT 9 LOT 9 I 1.25 GRFA 1.55 GRFA !I nn t �n r 7 11 NORTH FIEVAT10N I sll 1 111 x A L 15 GAPA W T 55 GAYA A N II j dA OT 9 GRFA COMPARISONS WEST SEC TON ELEVATION 104'•V-V 04 04.1011 TOY TOWN HOUSE 20NWG►ROVSAL 7 0 i '17, � 1 -- ill Ordinance No. 6, Series of 2012 Resolution No. 7, Series of 2012 Vail Village Townhouse District Situation: Last year, at the direction of the Town Council to find a solution to modernize Vail's Townhouse zoning while maintaining the traditional ski village character of Vail,the Town staff creatively sought input from numerous planning professionals and architects to bring forth the idea of exterior-building facade "bulk and mass" regulations (meaning specifying new detailed dimensional- characteristics and sizing-controls defined by the outside skins of the complexes) for Vail Village Townhouse District. Facade controls ensure that the outside look and feel of Gore Creek Drive would not be compromised. Detailing the outside-skin measurements allows for some growth,but not too much. For example, Ordinance No. 6 reduces a total allowable maximum height under existing High Density Multiple Family zoning applicable to these townhouse properties from 48 feet to 43 feet. This reduction there-by restricts the maximum future growth in height allowable in Vail Village Townhouses to just 4 feet taller than what was constructed in 2006 at Row House Unit/Lot#8 which stands now (February 2012) at 37 feet tall. The Town staff achieved a new and balanced set of Vail Village Townhouse zoning rules focused on exterior-outside definitions (what Vail residents and guests see walking by from Gore Creek Drive) that include detailed facade designations, setbacks, height restrictions, and architectural guidelines that modernize these aspects of building or remodeling rules for the five Vail Village Townhouse projects. Historically,Vail used small GRFA ratios to shrink or control the bulk, mass, and size of Vail's Townhouses. The Town's Ordinance No. 6,which applies the innovation of outside-exterior dimension controls to shrink or control bulk and mass, essentially obsoletes, or renders less applicable,the additional or redundant use of GRFA that reduces inside floor space in Townhouses. We.along with other Townhouse owners believe the proposed Ordinance No. 6 and Resolution No. 7 are very good tools for achieving the goal of maintaining the character of Vail's five Townhouse complexes ...with one major exception, the overly restrictive GRFA limit of 1.35. GRFA should be at least 1.5 or more... doing so causes Vail Townhouse owners to be in-line with other like kind buildings/ residential properties in Vail. Modifying the currently suggested 1.35 GRFA in Ordinance No. 6 upwards will accomplish that no Townhouse owner would need to request variances or exceptions of the PEC or Town Council for the next 50 years. 4/3/2012 8-5-5 What are alternatives to make one last but important modification to the New Vail Village Townhouse District and Ordinance No. 6? Option #1: Eliminate GRFA for just the five complexes the Vail Village Townhouse District along Gore Creek Details: ❑ The state of art bulk and mass and facade controls have been developed make GRFA obsolete and unnecessary ❑ Heavy design controls have modernized Vail Village Townhouse zoning to a degree not witnessed elsewhere in Vail ❑ Could be the new model moving forward - a cutting edge Town Council Code Language: 12-6J-9: GROSS RESIDENTIAL FLOOR AREA There is no limitation on gross residential floor area in this district given the level of development standards contain herein and the design guidelines and standards within the Vail Village Master Plan. Option #2: Employee Housing Mitigation Fee Increase over 1.35 GRFA Details: ❑ Allow up to a ceiling of 1.6 GRFA ❑ Offsets or exchanges what could have been EHU GRFA Credit (-500 sq. ft.) ❑ Require additional Inclusionary Zoning percentage for GRFA over 1.35 (Mitigation could be doubled from 10%to 20%) Code Language (new section): 12-61-14: ADDITIONAL INCLUSIONARY ZONING REQUIREMENT For any gross residential floor area (GRFA) in excess of one hundred thirty five (13 5) square feet for each one hundred (100) square feet of total site area,the inclusionary zoning requirements of Section 12-24- 2 Employee Housing Requirements shall be at twice the mitigation rate. Additionally,there shall be no onsite requirement as specified in Section 12-24-6: Methods of Mitigation and the mitigation method shall be by payments of fees in lieu only. Option #3: Allow Full Basement Credit Details: ❑ Allow full basement exclusion from calculation of GRFA (today approximately 50%would be excluded based on topography) ❑ Allowed for the Vail Village Townhouse district only 2 4/3/2012 8-5-6 ❑ Not uncommon to have differing GRFA credits based on zone district ❑ Basement level is "invisible"to the general public and those walking by Code Language: 12-15-3B(7): Basements (amend as follows): Basements: On the lowest level of a structure,the total percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations, except in the Vail Village Townhouse district where 100% of the horizontal area of the lowest level shall be deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. Option #4: Designate GRFA at 1.5 Details: ❑ Follows precedent with other structures across the street and in the neighborhood that have 1.5 GRFA ❑ TOV moved .8 to 1.5 GRFA for mixed condo/hotel etc. projects years ago ❑ A matter of'better business' ❑ PEC was too conservative at 1.35 GRFA Code Language: 12-6J-9: GROSS RESIDENTIAL FLOOR AREA: Not more than one hundred thirty five (1-3-5)fifty (150) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of total site area.Attached or row dwellings in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5: Additional Gross Residential Floor Area (250 Ordinance), or section 12-15-4: Interior Conversions of this title. There shall be no exclusion to gross residential floor area granted for enclosed garage space within individual dwelling units as referenced in Chapter 15 Gross Residential Floor Area. 3 4/3/2012 8-5-7 Vail Row Houses A. GRFA based on lot size Unit 7 Unit 8 Unit 9 Unit 10 Unit 11 Unit 12 Unit 13 lot size 2,744 2,614 2,396 2,265 2,309 2,919 5,750 allowed GRFA 2,085 1,987 1,821 1,721 1,755 2,218 4,370 ratio of lot size 0.76 0.76 0.76 0.76 0.76 0.76 0.76 allowed GRFA+ Interior Conversion(15%) 2,398 2,285 2,094 1,980 2,018 2,551 5,026 ratio of lot size 0.87 0.87 0.87 0.87 0.87 0.87 0.87 2x250's per unit 1,000 1,000 500 1,000 1,000 1,000 1,000 allowed GRFA+ IC's +2x250's 3,398 3,285 2,594 2,980 3,018 3,551 6,026 GRFA ratio 1.24 1.26 1.08 1.32 1.31 1.22 1.05 B. GRFA based on built conditions Unit 7 Unit 8 Unit 9 Unit 10 Unit 11 Unit 12 Unit 13 lot size 2,744 2,614 2,396 2,265 2,309 2,919 5,750 existing GRFA 2,252 2,713 1,667 2,477 2,565 2,566 3,926 ratio of lot size 0.82 1.04 0.70 1.09 1.11 0.88 0.68 allowed GRFA+ Interior Conversion(15%) 2,590 3,120 1,917 2,849 2,950 2,590 4,515 ratio of lot size 0.94 1.19 0.80 1.26 1.28 0.89 0.79 1x250 per unit(un-built post 2004) 500 0 250 500 500 500 500 allowed GRFA+ IC's +2x250's 3,090 3,120 2,167 3,349 3,450 3,090 5,015 GRFA ratio 1.13 1.19 0.90 1.48 1.49 1.06 0.87 Texas Townhomes A. GRFA based on lot size Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8&9 lot size 2,309 2,352 2,309 2,352 2,352 2,352 2,352 3,920 allowed GRFA 1,755 1,788 1,755 1,788 1,788 1,788 1,788 2,979 ratio of lot size 0.76 0.76 0.76 0.76 0.76 0.76 0.76 0.76 allowed GRFA+ Interior Conversion(15%) 2,018 2,056 2,018 2,056 2,056 2,056 2,056 3,426 ratio of lot size 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 2x250's per unit 500 1,000 500 1,000 1,000 1,000 1,000 1,000 allowed GRFA+ IC's+2x250's 2,518 3,056 2,518 3,056 3,056 3,056 3,056 4,426 Allowed GRFA ratio 1.09 1.30 1.09 1.30 1.30 1.30 1.30 1.13 B. GRFA based on built conditions Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8&9 lot size 2,309 2,352 2,309 2,352 2,352 2,352 2,352 3,920 existing GRFA 2,126 1,845 1,080 2,226 2,336 2,061 1,845 3,216 ratio of lot size 0.92 0.78 0.47 0.95 0.99 0.88 0.78 0.82 allowed GRFA+ Interior Conversion(15%) 2,445 2,122 1,242 2,560 2,686 2,370 2,122 3,698 ratio of lot size 1.06 0.90 0.54 1.09 1.14 1.01 0.90 0.94 1x250 per unit(un-built post 2004) 250 500 250 500 500 500 500 500 allowed GRFA+ IC's +2x250's 2,695 2,622 1,492 3,060 3,186 2,870 2,622 4,198 GRFA ratio 1.17 1.11 0.65 1.30 1.35 1.22 1.11 1.07 4/3/2012 8-6- 1 Vail Townhouse Condos Vail Trails Chalet Vail Trails East A. GRFA based on lot size Whole lot size 16,220 allowed GRFA 12,327 ratio of lot size 0.76 allowed GRFA+ Interior Conversion(15%) 14,176 ratio of lot size 0.87 2x250's per 11 unit(pre&post 2004) 5,500 allowed GRFA+ IC's+2x250's per unit 19,676 GRFA ratio 1.21 B. GRFA based on built conditions Whole lot size 16,220 existing GRFA 15,608 ratio of lot size 0.96 existing GRFA+ Interior Conversion(15%) 17,949 ratio of lot size 1.11 1x250 per 11 units(unbuilt post 2004) 2,750 built GRFA+ IC's + U250 per unit 20,699 GRFA ratio 1.28 A. GRFA based on lot size Whole lot size 18,644 allowed GRFA 14,169 ratio of lot size 0.76 allowed GRFA+ Interior Conversion(15%) 16,295 ratio of lot size 0.87 2x250's per 19 unit(pre&post 2004) 9,500 allowed GRFA+ IC's+2x250's 25,795 GRFA ratio 1.38 B. GRFA based on built conditions Whole lot size 18,644 existing GRFA 15,608 ratio of lot size 0.84 existing GRFA+ Interior Conversion(15%) 17,949 ratio of lot size 0.96 1x250 per 11 units(unbuilt post 2004) 4,750 built GRFA+ IC's + U250 per unit 22,699 GRFA ratio 1.22 4/3/2012 8-6-2 A. GRFA based on lot size Whole lot size 20,735 allowed GRFA 15,759 ratio of lot size 0.76 allowed GRFA+ Interior Conversion(15%) 18,122 ratio of lot size 0.87 2x250's per 25 unit(pre &post 2004) 12,500 allowed GRFA+ IC's +2x250's 30,622 GRFA ratio 1.48 B. GRFA based on built conditions Whole lot size 20,735 existing GRFA 15,608 ratio of lot size 0.75 existing GRFA+ Interior Conversion(15%) 17,949 ratio of lot size 0.87 1 x250 per 25 units (unbuilt post 2004) 6,250 built GRFA+ IC's+ 1x250 per unit 24,199 GRFA ratio 1.17 0 TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 14, 2011 SUBJECT: 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 (VVT) District, and setting forth details in regard thereto; and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY A request for a recommendation to the Vail Town Council for amendments to the Vail Town Code to establish the proposed Vail Village Townhouse (VVT) District and proposed amendments to the Vail Village Master Plan related to the East Gore Creek Sub Area. The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed amendments based upon the findings noted in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The purpose of these proposed amendments is to: • Establish a new zone district to regulate existing townhouse properties in Vail Village that were legally non-conforming in regard to the provisions of the High Density Multiple-Family District; and, 4/3/2012 8-7- 1 • Establish incentives for the redevelopment of existing townhouse properties in Vail Village; and, • Preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, On September 12, 2011 , the Planning and Environmental Commission held another public hearing on the proposed new zone district and related master plan amendments. The Commission discussed several issues including gross residential floor area (GRFA), building step backs, and roof pitches. The Commission requested that Staff return with a draft ordinance and draft resolution for the Commission's final review and recommendation to the Vail Town Council. The proposed Zoning Regulation amendment ordinance for the new Vail Village Townhouse (VVT) District (Attachment B) and the proposed Vail Village Master Plan amendment resolution (Attachment C) have been attached for review. Based upon the Planning and Environmental Commission's direction from its September 12th public hearing; the proposed Zoning Regulation amendment ordinance (Attachment B) includes an allowable gross residential floor area (GRFA) ratio of 1 .35. As discussed at previous pubic hearings, Staff recommends the Commission forwards a recommendation to the Vail Town Council for an allowable GRFA ratio of 1 .25. Attached for reference is a Staff power point presentation to the Vail Town Council dated October 19, 2010 (Attachment E). Based upon public testimony and the Commissioners' deliberations at the September 12th public hearing, Staff has modified the design considerations in the proposed Vail Village Master Plan amendment resolution (Attachment C) related to building step backs. The attached resolution includes a building step back dimension of 6 to 10 feet, rather than 8 to 10 feet as previously proposed. Staff believes this modification preserves the intent of the proposed building step back design considerations, continues to provide opportunities for functional upper story decks, and affords property owners more architectural design flexibility. On September 12th the Planning and Environmental Commission also discussed the proposed design considerations for roof pitches. The proposed resolution continues to include design considerations recommending sloping primary roofs with pitches ranging from 3:12 to 6:12. This roof pitch range is the same as the roof pitch range recommendations of the adopted Vail Village Design Considerations of the Vail Village Master Plan. If the Commission wishes to forward a more restrictive design consideration to the Vail Town Council, Staff recommends the Commission includes this modification as part of the motion. III. BACKGROUND This proposal is similar to past applications to first establish a new Vail Rowhouse Special Development District and later to establish a new Vail Village Townhouse Town of Vail Page 2 4/3/2012 8-7-2 District by Chris Galvin, represented by the Mauriello Planning Group and KH Webb Architects, which have since been withdrawn by Mr. Galvin. The Vail Town Council generally supported the concept of establishing a new zone district that is tailored to address these existing, unique townhouse properties in Vail Village. So upon Mr. Galvin's withdrawal of his application, the Vail Town Council directed Staff to formally submit a similar application, on behalf of the Town of Vail, to establish a new Vail Village Townhouse District. In 2008 and 2009, Chris Galvin, represented by the Mauriello Planning Group and KH Webb Architects, submitted and later withdrew multiple applications to establish the Vail Townhouse Condominiums and the Vail Row Houses as a Special Development District to create incentives for redevelopment and to address the various non-conformities of the existing properties when regulated by the High Density Multiple-Family (HDMF) District. In 2010 and 2011, Chris Galvin, represented by Mauriello Planning Group and KH Webb Architects, submitted and later withdrew an application to establish a new Vail Village Townhouse District to create incentives for redevelopment and to address the various non-conformities of the existing properties when regulated by the HDMF District. It was anticipated that this proposed new district could be applied to the existing Vail Townhouse Condominiums, Vail Row Houses, Vail Trails Chalets, Vail Trails East, and the Texas Townhomes townhouse developments. The Planning and Environmental Commission reviewed Mr. Galvin's application to establish a new Vail Village Townhouse District at its April 26, May 10, June 14, July 12, and August 23, 2010 public hearings. On August 23, 2010 the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed amendments with modifications. The Planning and Environmental Commission and the Vail Town Council differed on how much gross residential floor area (GRFA) was appropriate for the new zone district. The Planning and Environmental Commission recommended a GRFA ratio of 1.35, while the Vail Town Council recommended a GRFA ratio of 1 .25 on the first reading of the previous Vail Village Townhouse District ordinance. On second reading of the previous ordinance, the Vail Town Council expressed its concern that the development standards of the proposed zone district would not adequately maintain the existing character of the neighborhood. The Vail Town Council tabled the second reading of Mr. Galvin's proposal until the applicant and Staff returned with additional regulations to preserve the neighborhood character. At the Council's direction, Staff drafted design guidelines and master plan amendments with the assistance of the Town's consultant, Winston and Associates, and input from Mr. Galvin's representatives, intended to preserve the existing character of the neighborhood. Prior to presentation of these proposed design guidelines and master plan amendments to the Vail Town Council, Mr. Galvin withdrew his application. Town of Vail Page 3 4/3/2012 8-7-3 On July 25, 2011 the Planning and Environmental Commission held a work session to discuss the Vail Village Townhouse District application re-initiated by Staff at the Vail Town Council's request. Staff presented an overview of the previous Galvin applications and a summary of the Town's current proposal. The Mauriello Planning Group, representing Mr. Galvin, noted their general support for the new district and presented alternatives to the proposed GRFA and building step-back standards. Vail Rowhouse, Unit 11 owner Dolph Bridgewater expressed his opposition to the proposed GRFA limits in the new district and the potential redevelopment of the neighboring Galvin unit. At the Planning and Environmental Commission's request, Staff mailed a courtesy notice to each property owner of record and each home owners association at the Vail Townhouse Condominiums, Vail Rowhouse, Vail Trails East, Vail Trails Chalet, and Texas Townhomes informing them of the Commission's upcoming August 22nd work session on the proposed new zone district. At the request of the Vail Townhouse Condominiums homeowners association, the Commission's August 22nd work session discussion was tabled to the Commission's September 12, 2011 public hearing. On September 12, 2011 , the Planning and Environmental Commission held another public hearing on the proposed new zone district and related master plan amendments. The Commission discussed several issues including gross residential floor area (GRFA), building step backs, and roof pitches. The Commission requested that Staff return with a draft ordinance and draft resolution for the Commission's final review and recommendation to the Vail Town Council. This item was tabled at subsequent public hearings at the request of property owners who may be affected by the proposed new zone district and master plan amendments. IV. APPLICABLE REGULATIONS ZONING REGULATIONS 12-1-2: PURPOSE: 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. Town of Vail Page 4 4/3/2012 8-7-4 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. VAIL LAND USE PLAN Goal 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Goal 4. Village Core/Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Goal 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Town of Vail Page 5 4/3/2012 8-7-5 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. VAIL VILLAGE MASTER PLAN CHAPTER V. GOALS, OBJECTIVES, AND ACTION STEPS GOAL #1: Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. Objective 1.1 Implement a consistent development review process to reinforce the character of the Village. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4: Recognize the "historic"importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2 The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2: To foster a strong tourist industry and promote year-around economic health and viability for the village and for the community as a whole. Objective 2.1: Recognize the variety of land uses found in the 11 sub-areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2.1.1: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. GOAL #3: To recognize as a top priority the enhancement of the walking experience throughout the village. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Town of Vail Page 6 4/3/2012 8-7-6 GOAL #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation systems throughout the village. Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. CHAPTER VII: Vail Village Sub-Areas East Gore Creek Sub-Area (#6) ILA EAST I - - - � EAST GORE CREEK A number of the earliest projects developed in Vail are located in the East Gore Creek Sub-Area. Development in this area is exclusively multi-family condominium projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub-area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infill of existing parking areas balanced by green space additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of projects. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development, as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub-area. Development or redevelopment of this sub-area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub-Areas 7 and 10. Town of Vail Page 7 4/3/2012 8-7-7 V. REVIEW CRITERIA Before acting on an application for an amendment to the Zoning Regulations or the Vail Village Master Plan, the Planning and Environmental Commission shall consider the following factors with respect to the requested text amendments: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Based upon the evidence and testimony presented at multiple public hearings, Staff believes the proposed Zoning Regulations amendments and Vail Village Master Plan amendments further the general purposes of the zoning regulations by establishing zoning standards and development recommendations specifically designed to address the redevelopment of the existing townhouse properties in Vail Village, while preserving the existing character of the neighborhood. Staff also believes the proposed amendments further each of the specific purpose of the zoning regulations: 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. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The Town of Vail has granted multiple variances to facilitate the remodeling of several individual townhouse units in Vail Village which has resulted in the inconsistent Town of Vail Page 8 4/3/2012 8-7-8 application of zoning standards to existing townhouse properties. Rather than perpetuate the current system of requiring variances for most townhouse unit remodels, the proposed new zone district, and associated master plan amendments, are designed to regulate the existing townhouse developments in Vail Village. Based upon the evidence and testimony presented at multiple public hearings, Staff believes the proposed amendments will minimize the need for future variances and will simplify the development review process. The attached ordinance for the proposed Vail Village Townhouse District includes a GRFA ratio of 1 .35. Based upon the existing/allowed GRFA analysis reviewed at previous public hearings, Staff recommends the Vail Village Townhouse District includes a GRFA ratio of 1 .25. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The existing townhouse developments in Vail Village such as the Vail Townhouse Condominiums, Vail Row Houses, Vail Trails East, Vail Trails Chalets, and Texas Townhomes are zoned High Density Multiple Family (HDMF) District. These existing townhouse developments are legally non-conforming in regard to multiple development standards of the HDMF District including setbacks, parking, density, etc. The standards of the HDMF District were intended to be applied to larger condominium style developments and were not designed to be applied to townhouse developments consisting of individually platted lots. The Town of Vail has granted multiple variances to facilitate the remodeling of several non-conforming townhouse properties which has resulted in the inconsistent application of zoning standards to existing townhouse properties. Based upon the evidence and testimony presented at multiple public hearings, Staff does not believe the existing HDMF District adequately regulates the existing townhouse developments in Vail Village. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Based upon the evidence and testimony presented at multiple public hearings, Staff believes the propose zoning regulation and master plan amendments are consistent with the Zoning Regulations purposes, Land Use Plan goals, and Vail Village Master Plan goals, objectives, and policies outlined as follows: Goal 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Town of Vail Page 9 4/3/2012 8-7-9 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Goal 4. Village Core/Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Goal 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. GOAL #1: Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. Objective 1.1 Implement a consistent development review process to reinforce the character of the Village. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4: Recognize the "historic"importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2 The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2: To foster a strong tourist industry and promote year-around economic health and viability for the village and for the community as a whole. Town of Vail Page 10 4/3/2012 8-7- 10 Objective 2.1: Recognize the variety of land uses found in the 11 sub-areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2.1.1: The zoning code and development review criteria shall be consistent with the overall goals and objectives- of the Vail Village Master Plan. GOAL #3: To recognize as a top priority the enhancement of the walking experience throughout the village. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. GOAL #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation systems throughout the village. Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. Public correspondence received since the Planning and Environmental Commission's September 12, 2011 , public hearing has been attached for review (Attachment D). VI. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed amendments based upon a review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented at multiple public hearings. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request to the Vail Town Council; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, on the 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 (VVT) District, and Town of Vail Page 11 4/3/2012 8-7- 11 setting forth details in regard thereto; and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail Village Sub- Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041)" Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's November 151 2011 memorandum and the evidence and testimony presented at multiple public hearings, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VI. ATTACHMENTS A. Vicinity Map B. Draft Zoning Code Amendments C. Draft Master Plan Amendments D. Public Correspondence (Bugby, Reynolds, and Butterworth) E. Town Council Power Point Presentation Dated 10/19/11 Town of Vail Page 12 4/3/2012 8-7- 12 J 0 0 h CQ (D W Existing Vail Village Townhouse Properties a map rnexedW pyre Te'.n MVtlI OISImm_�xeHYLC mepseu'e xmrgmctl puMmeeeNy Tnaiem e�Wltlexnm.ar�e nxamrecy Mpx Mwmemn mmMrYnxNn. Feet I can„�o�.�.�he mn4.wxaem WC) e 0 75 150 300 Last Modified:September 27,2010 '[G1PXffYAhV D n Z7 I r-t 0► DRAFT ORDINANCE NO. Series of 2011 AN ORDINANCE AMENDING CHAPTER 12-6, RESIDENTIAL DISTRICTS, VAIL TOWN CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the purpose of the amendments iAoestablish a new zone district to regulate existing townhouse properties in Vail Village that were legally non-conforming in regard to the provisions of the High Density Multiple-Family District; and, WHEREAS, the purpose of the amendments is to establish incentives for the redevelopment of existing townhouse properties in Vail Village; and WHEREAS, the purpose of the amendments is to preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, WHEREAS, on the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town's Zoning Regulations and establish the Vail Village Townhouse District, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of for the proposed Zoning Regulation amendments to the Vail Town Council by a vote of ; and, WHEREAS, the Vail Town Council finds and determines that the amendment consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code further the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. ,Series of 2011 4/3/2012� 8-7- 14 SECTION 1 . Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrG irvh text that is to be added is bold, and sections of text that are not amended have been omitted): Vail Village Townhouse (VVT) District 6J SECTION 2. Section 12-2-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stpikethpeHg4, text that is to be added is bold, and sections of text that are not amended have been omitted): TOWNHOUSE PROJECT: A building or group of associated buildings consisting of multiple-family dwelling units designed as attached or row dwellings that are treated as one entity for zoning purposes. INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse project that is subdivided and for zoning purposes is treated as a separate entity from the remainder of the project. 1%16 SECTION 3. Section 12-4-1 , Designated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stpikethpeHg4, text that is to be added is bold, and sections of text that are not amended have been omitted): The following zone districts are established: Vail Village Townhouse (VVT) District SECTION 4. Chapter 12-6, Residential Districts, Vail Town Code, is hereby established as follows (text that is to be added is bold): ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT 12-6J-1: PURPOSE: The Vail Village Townhouse District is intended to provide sites for, and maintain the unique character of, existing townhouse properties in the Vail Village Master Plan area of the Town of Vail. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year- round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the High Density Multiple Family District. The Vail Village Townhouse District is meant to Ordinance No. Series of 2011 4/3/2012 2 8-7- 15 encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village Master Plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), reductions in landscaping area, and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village Master Plan to maintain the unique character of existing townhouse developments in Vail Village. ANNEL 12-6J-2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple-family residential dwellings, including attached and row dwellings and condominium dwellings. 11L 1400b" 12-6J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Home child daycare facilities, as further regulated by section 12- 14-12 of this title. Public buildings, grounds and facilities. Public utility and public service uses. F Timeshare units. 12-6J-4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Ordinance No. Series of 2011 4/3/2012 3 8-7- 16 12-6J-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area for a townhouse project shall be ten thousand (10,000) square feet of total site area. Each site shall have a minimum frontage of twenty feet (20'). The minimum lot or site area for individually platted townhouse lots shall be two thousand (2,000) square feet of total site area, each site shall have a minimum frontage of twenty feet (20'). 12-6J-6: SETBACKS: Aff The minimum setback shall be twenty feet (20') from the front and rear property lines. The minimum setback shall be twenty feet(20')from the side property lines, except the setback shall be zero feet (0') from the side property lines between attached dwelling units. 12-6J-7: HEIGHT: For a flat roof, the height of buildings shall not exceed forty feet (40'). For a sloping roof, the height of buildings shall not exceed forty three feet (43'). 12-6J-8: DENSITY CONTROL: The existing number of legally established units on a development site or twenty-five dwelling units per acre of total site area, whichever is greater, shall be allowed. A dwelling unit may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. �� 12-6J-9: GROSS RESIDENTIAL FLOOR AREA: Not more than one hundred twenty five (135) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of total site area. Attached or row dwellings in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5: Additional Gross Residential Floor Area (250 Ordinance), or section 12-15-4: Interior Conversions of this title. There shall be no exclusion to gross residential floor area granted for enclosed garage space within individual dwelling units as referenced in Chapter 15 Gross Residential Floor Area. 12-6J-10: SITE COVERAGE: Site coverage shall not exceed fifty five (55%) of the total site area. 12-6J-11: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped. 12-6J-12: PARKING AND LOADING: Ordinance No. Series of 2011 4/3/20124 8-7- 17 Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking legally established within the street right-of-way may be continued subject to a revocable right-of- way permit issued by the Town of Vail. 12-6J-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Design Review Board and/or Administrator that the proposed new construction, addition, or minor exterior alteration is in compliance with the applicable elements of the Vail Village Master Plan, Vail Village Urban Design Guide Plan, and the Vail Village Design Considerations. 1111W 1W SECTION 5. Section 12-10-17-13, Lease Qualifications, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stpikethFeHg4, text that is to be added is bold, and sections of text that are not amended have been omitted): 1 . Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in commercial core 1 , commercial core 2, commercial core 3, high density multiple-family, Vail Village Townhouse, public accommodations, Lionshead mixed use 1 , Lionshead mixed use 2, or special development zone districts and provides sufficient parking for use by employees may apply to the administrator of the town for a permit to lease parking spaces. SECTION 6. Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type , Vail Town Code, is hereby amended in part as follows (text to be deleted is in c+rilio+hr�i irvh text that is to be added is bold, and sections of text that are not amended have been omitted): 1W 111L Type Residential cluster V1 The EHNI The EHU n/a n/a Per A. Dwelling The EHU is III Low density multiple-family may be is chapter unit:300 sq. excluded Medium density multiple- sold or excluded 10 of ft.minimum from the family transferred from the this title and 1,200 calculation High density multiple-family separately. calculatio as a sq.ft. of density. Vail Village Townhouse n of dwelling maximum. Public accommodation GRFA. unit. Commercial core 1 Commercial core 2 Dormitory u Commercial core 3 unit: Commercial service center ft.minimum um m Arterial business for each Heavy service person Lionshead mixed use 1 occupying Lionshead mixed use 2 the EHU. Public accommodation 2 Ski base/recreation Ski base/recreation 2 Special development district Parking district General use Ordinance No. ,Series of 2011 4/3/2012 5 8-7- 18 SECTION 7. Section 12-15-2, GRFA Requirements By Zone District, Vail Town Code, is hereby amended in part as follows (text to be deleted is in c+ril e-thre-i 19th text that is to be added is bold, and sections of text that are not amended have been omitted): Zone Districts GRFA Credits (Added To Results Of GRFA Ratio Application Of Percentage) VVT 1.35 of total site area None Vail Village Townhouse A&I SECTION 8. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in text that is to be added is bold, and sections of text that are not amended have been omitted): B. Within The Residential Cluster(RC), Low Density Multiple-Family(LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), A+�d Housing (H), and Vail Village Townhouse (VVT) Districts: SECTION 9. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in text that is to be added is bold, and sections of text that are not amended have been omitted): C. Within All Districts Except e Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple- Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), A+�d Housing (H), and Vail Village Townhouse VVT) Districts: SECTION 10. Section 12-15-4, Interior Conversions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethFGHg4, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: Within all zone districts except the single-family residential (SFR), two-family residential (R), aPA two-family primary/secondary residential (PS), and Vail Village Townhouse (VVT) districts, dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1 . Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein. Ordinance No. Series of 2011 4/3/2012 6 8-7- 19 2. For the purpose of this section, "existing unit" shall mean any dwelling unit that has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has received final design review board approval prior to August 5, 1997. SECTION 11 . Section 12-15-5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethre irrh text that is to be added is bold, and sections of text that are not amended have been omitted): Aff B. Applicability: The provisions of this section shall apply to dwelling units in all zone districts except the single-family residential (SFR), two-family residential (R), aP4 two-family primary/secondary residential (PS), and Vail Village Townhouse (VVT) districts. SECTION 12. Section 12-24-1 , Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethFeug4, text that is to be added is bold, and sections of text that are not amended have been omitted): B. This chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in section 12-24-5 of this chapter: Fqqq% 2. Vail Village Townhouse (VVT) SECTION 13. Section 14-8-1 Site Development Standards, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethre irrh text that is to be added is bold, and sections of text that are not amended have been omitted): NJ 1% Ordinance No. ,Series of 2011 4/3/2012 7 8-7-20 Zone Districts Max. Architectural 40'flat See title 12, Min. Min. Deck Min. Deck Into Setback Max. EHU Building (Ground (Not Density Allowance Setbacks Level) Ground way may Setback Level) subject a Setback Residential Districts of-way permit. VVT Vail Existing Type III 20'front May May Village number of and Type 20'rear project not project not Townhouse legally IV,Type 20'sides more than more than established IV-IZ,Type 0' the lesser the lesser units or 25 VII-IZ between of 10'or 1/2 of 5'or 1/2 per acre of total site area. attached dwelling units the required setback the required setback Max. Architectural 40'flat See title 12, Projection roof chapter 10 of Into Setback Min. Max.Site Land- sloping scape "'4Coverage 1— 14 rea Ordinance No. ,Series of 2011 g 4/3/2012 8-7-21 Min. Lot Size (Buildable Area In Sq. Ft.) Min. Max. Min. Square Building Parking And Frontage Area Height Loading Location 4' 55% 20% 10,000 sq.ft.for 20' comprehensive development site; 2,000 sq.ft.for individually platted townhouse lots n/a 40'flat See title 12, roof chapter 10 of this code. 43' Existing sloping parking in roof street right-of- way may continue subject a revocable right- of-way permit. SECTION 14. 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 Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 15. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 16. The amendment of any provision of the Town Code 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 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 17. 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. AMENION.- IqU6�� %k INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2011 and a public hearing for second reading of this Ordinance set for the day of , 2011 , at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. ,Series of 2011 4/3/2012 9 8-7-22 DRAFT RESOLUTION NO. Series of 2011 A RESOLUTION AMENDING CHAPTER VII, VAIL VILLAGE SUB-AREAS, EAST GORE CREEK SUB-AREA (#6), VAIL VILLAGE MASTER PLAN TO INCLUDE RECOMMENDATIONS RELATED TO A NEW VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter VIII, Implementation and Amendment, Vail Village Master Plan, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the adoption of the Vail Village Townhouse (VVT) District necessitates associated updates to the Vail Village Master Plan; and, WHEREAS, the purpose of the amendments is to establish recommendations and design considerations for the redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the amendments is to preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, WHEREAS, on , 2011 the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town's Zoning Regulations and establish the Vail Village Townhouse District and associated amendments to the Vail Village Master Plan; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of for the proposed Vail Village Master Plan amendments to the Vail Town Council by a vote of ; and, WHEREAS, the Vail Town Council finds and determines that the amendments consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Vail Village Master Plan further the general and specific purposes of the plan; and, WHEREAS, the Vail Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1 Resolution No. .Series oC20I It 4/3/2012 8-7-23 SECTION 1 . Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, is hereby amended in part as follows (text to be deleted is in strikethrG irvh text that is to be added is bold, and sections of text that are not amended have been omitted): EAST GORE CREEK SUB AREA (#6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub-Area. Development in this area is exclusively multi-family condominium and townhouse projects with a limited amount of support commercial. Surface parking is found at each site, which creates a dominant visual impression of the sub-area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. These T#Fs developments could be accommodated by partial infills of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered 614 in conjunction with the comprehensive redevelopment of projects or individual units. There are several townhouse properties within this sub-area which were platted and/or constructed under Eagle County jurisdiction. These townhouse properties are nonconforming with the many of development standards (including, but not limited to density, gross residential floor area, setbacks, site coverage, landscape area) of the High Density Multiple Family (HDMF) District. It is recommended that greater flexibility with the development standards 0 may be necessary to allow these townhouse projects to redevelop. This flexibility may be achieved through the rezoning to the Vail Village Townhouse (VVT) District. However, the granting of variances from the HDMF District or rezoning to the Vail Village Townhouse (VVT) District should consider potential impacts to the character of the neighborhood. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development- well The opportunity to introduce below grade structured parking will greatly improve pedestrian ization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub-area. Development or redevelopment of this sub-area may attract additional traffic and population into this area and may have significant impacts upon portions of Sub-Areas 7 and 10. 2 Resolution No. Series of 2011 4/3/2012 8-7-24 There are several existing townhouse properties in the East Gore Creek Sub-Area, including the Vail Townhouse Condominiums, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes. These design considerations provide recommendations for the redevelopment of these properties. The purpose of these design considerations is to preserve the unique character of the existing townhouse properties in Vail Village. Redevelopment should be consistent with the existing pedestrian-oriented, urban character of Vail Village. All demo/rebuild and new construction projects in the Vail Village Townhouse District shall comply with these guidelines. It is understood that renovations to existing buildings may be unable to fully comply with some of these design considerations. Redevelopment to existing buildings will be evaluated on a case-by- case basis, with determination of compliance based upon whether the renovation to an existing building meets the general intent of these design considerations. A. Zoning: The existing townhouse properties in the East Gore Creek Sub-Area including the Vail Townhouse Condominiums, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes should be rezoned from the High Density Multiple-Family (HDMF) District to the Vail Village Townhouse (VVT) District. MIL qua&, B. Development Pattern: Townhouse properties in the East Gore Creek Sub-Area should exhibit the appearance and characteristics of a residential row style development. Buildings should face the street and appear to be a series of proportionally sized, individual dwelling units occupying the space from the ground to the roof that are attached inline by shared side walls. Buildings should exhibit these '(characteristics regardless of ownership patterns or the horizontal and vertical subdivision of properties, and should create a perceived dwelling unit occupying the space within a building from the ground to the roof. it 1% C. Architectural Theme: The existing architectural and aesthetic character of the townhouse properties in Vail Village shall be preserved. SAMW 1. Units: The architectural theme of each dwelling unit or perceived dwelling unit (occupying the space within a building from the ground to the roof) shall be expressed on all sides of that unit to create an architecturally integrated unit. 2. Buildings: Townhouse buildings shall express an architectural theme of either uniformity or individuality. To portray architectural and aesthetic integrity, a combination of both themes within a single building is discouraged. 3 Resolution No. Series of 2011 4/3/2012 8-7-25 a. Uniformity: Townhouse buildings may express a singular, unified architectural theme in which every perceived dwelling unit (occupying the space from ground to the roof) in a building is composed of substantially the same exterior design, materials, textures, and colors. b. Individuality: Townhouse buildings may express an individualistic architectural theme in which each perceived dwelling unit (occupying the space from ground to the roof) in a building varies in exterior design, materials, textures, and colors; so that abutting units do not have the same architectural treatment. This expression of individuality among units must be balanced with the character of the adjacent units and the building as a whole. D. Building Form and Massing: Buildings shall step back from the front property line to create the appearance of a two-story facade along the street. For the purposes of these design considerations, a story is considered the space between the surface of any floor and the next floor or ceiling above, not exceeding 11 feet in height. The front facade of the first floor or street level and the second floor shall be located within 20 to 28 feet of the front property line. The front facade of the third floor and any floors above shall step back 6 to 10 feet from the facade of the second floor below. E. Street Edge: Front facade shall be generally parallel to the street and form a strong, but irregular edge to the street. Front facades shall generally align with adjacent units and buildings to create a sense of street enclosure and continuity, but shall have enough offset between units and buildings to create visual interest. F. Facade: To reduce the appearance of building height and mass, and to create a residential scale and character, all facades shall incorporate vertical and horizontal articulation to reduce the appearance of building height and mass and to foster the appearance of a residential neighborhood. Facades should incorporate doors, decks, porches, balconies, fenestration, recesses, bay windows, ornamentation, and other traditional residential architectural elements. No facade shall appear to be a large unbroken plane. To preserve the existing pedestrian scale and residential character of the neighborhood, dwelling unit entries are encouraged on the front of the building; however, garage entries are strongly discouraged on the front facade. G. Cantilevers: On the front facade, floor area cantilevered more than three feet beyond the level below is strongly discouraged. Cantilevered floor areas shall not be stacked or cantilevered atop one another. 4 Resolution No. Series of 20l l 4/3/2012 8-7-26 H. Roof Pitch: The primary roof form should be sloping with pitches from 3:12 to 6:12. Secondary roofs should be sloping with pitches from 6:12 to 9:12. Flat roofs may have limited use as secondary roofs for decks and mechanical equipment areas. Mansard roofs create the perception of additional bulk and mass and are inconsistent with the architectural character of the existing townhouse properties and the existing neighborhood. Therefore, mansard roofs are discouraged. I. Roof Ridge: The primary roof ridges shall be parallel with the front facade of the building and should be oriented to not shed snow or rain onto adjacent properties. To create visual interest and to reduce the perception of building bulk and mass, roofs shall not create the appearance of continuous ridges between units or buildings. Roof ridges should be articulated by stepping in elevation and varying from front to rear. Dormers and other secondary roof forms may also be used minimize the perception of a continuous ridge. J. Fences and Site Walls: Privacy fences and walls along the street are discouraged, except to screen trash areas, utility equipment, and other similar items. K. Landscaping: Landscaping should be used to create privacy and to soften the visual transition from roadways and parking areas to the building fa(;ades. % M&h' 1% L. Deck Rails: Deck rails shall be designed to minimize the perception of additional building bulk and mass. Deck rails should incorporate transparency, material changes, and stepping in alignment from other building elements. Solid railings that appear to extend the exterior wall material from below are discouraged. M. Parking: Off-street parking should be located on at-grade surface driveways or in below grade shared parking structures. Off-street parking should not be accommodated with individual or shared garages, carports, or parking structures on the first floor or street level. #6-1 ReSidon+iol Infill Texas Townhomes/Vail Trails Ad—d—i4iA_nnl fl A_A_r A—F rP-c0AP_Atm.nl deVeIE)P Rqe At r AAA At is wiSti.R- /�dditiGRal TQQTTTTCIT rl y ++ ororl hi in GGRj RGtOGn )niith o nA_mr�roheRGiV cre�t�t crcc��-y�r�cvrr�nTCCrvrrcv-rcr�c�cvrrt�rcrrc-rrsnrc rPrl PYP l Armen+ Gf eaGh rr„i,,,,+ To encourage redevelopment and to maintain the existing character of the neighborhood, the Vail Village Townhouse (VVT) District was established to grant additional gross residential floor area over what was allowed under High Density Multiple Family (HDMF) District zoning. A key factor in the redevelopment of these properties will be to relocate required parking in underground structures or a single unified structure serving all adjacent properties. This will allow for increased landscaping and overall improvements to 5 Resolution No. Series of 2011 4/3/2012 8-7-27 pedestrian ways to create a park-like setting on the surface in this area. Redevelopment shall maintain the existing character of the neighborhood, with the appearance of two to three story buildings along the street elevation. In all cases, the mature pines along Gore Creek shall be maintained. Stream impact must be considered. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1 , 6.2. #6-2 Manor Vail Possible residential infill on portions of existing surface parking area and additional floor to the two northern most buildings adjacent to Gore Creek. Infill project must include addition of greenspace adjacent to East Mill Creek and other adjoining pedestrian areas. Height of structure shall be limited to prevent impacts on view to the Gore Range from Village core and Vail Valley Drive. Present and future parking demand to be met on site. Traffic considerations must be addressed. Special emphasis on 1 .2, 2.3, 2.6, 3.1 , 4.1, 5.1 , 6.1 #6-3 Vail Row Houses To encourage redevelopment, the Vail Village Townhouse (VVT) District was established to grant additional gross residential floor area over what was allowed under High Density Multiple Family (HDMF) District zoning. Where possible, driveway widths shall be minimized and areas for landscaping increased. Surface parking shall be improved when redevelopment occurs using high quality landscape paver treatments and the current post and chain parking delineation shall be replaced with other methods to identify private parking. Redevelopment shall maintain the existing character of the neighborhood, with the appearance of two to three story buildings along the street elevation. Improvements to the Gore Creek stream corridor, consistent with Town policies, shall be considered with redevelopment applications. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2. b 6-3 _ - k EAR a ;i + VILLAGE I J 6 r - • 6 Resolution No. Series of 2011 4/3/2012 8-7-28 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this day of ) 2011 . Mayor ATTEST: Lorelei Donaldson, Town Clerk 7 Resolution No. ,Series of 201 t 4/3/2012 8-7-29 Bill Gibson From: Shelley Bellm Sent: Tuesday, October 25, 20114:33 PM To: Warren Campbell; Bill Gibson Subject: FW: FYI — I received this yesterday. From: Dale Bugby [mai Ito:DBugby @VailResortRentals.Com] Sent: Friday, October 21, 20114:55 PM To: Shelley Bellm Cc: Council Dist List; Stan Zemler; dboillot @reitlerbrown.com; Dick Parker; 'Gigi Pritzker'; 'Debbie Welles' Subject: Dear Planning and Environmental Commission Board Members: The Vail Townhouse Condominiums (VTCA) located at 303 E. Gore Creek Drive lots 2-6 want to inform the PEC that we have reviewed the proposed zoning district for our street and wish to ask for the following modifications prior to submittal to the Town Council: • VTCA's roof slope and other buildings in the new zoning area are the 3:12 or 4:12 range. The proposal allows for up to 6:12 slope which we feel is more alpine or"Beaver Creek/ Bachelor Gulch" slope. If the goal is to maintain the existing character and scale of these buildings, this new steeper slope will change that character. • This new zoning was developed for redevelopment or new buildings. That is why privacy fences are not encouraged as they envision main living areas on the second floor level where the better views are found. But the VTCA, Texas Townhomes, Vail Trails East all have existing living areas on the street level where the parking, driving and walking occur. Privacy fences are very nice for those units. None of these projects will be redeveloped in the near future, but may be remodeled and fencing should be included for privacy. • The GRFA ratio change is proposed to increase. The VTCA existing ratio is 0.76, which is GRFA (12,322.64 sf) to lot area (16,214sf). The Galvin group thought a 1.5 ratio would encourage redevelopment (remember, this rezoning was initiated by Chris Gavin for his proposed project combining 2 townhouse lots (8 & 9?) in the Vail Rowhouses. He has since withdrawn his application but his architect is advising the TOV staff as the proposed new rezoning continues through the process). The PEC and TOV Council have not decided on the GRFA ratio. Galvin's group initially proposed 1.5 ratio, the PEC recommended 1.35 and the Council was considering 1.25? It is the position of the VTCA that we will only support this re-zoning with the 1.5 GRFA allocation. We want to thank the planning department for giving us the time to better understand this zoning proposal. We look forward to working with you on this process that will impact our property values and remodeling potential for years to come. Sincerely, Vail Townhouse Condominium Association Board of Directors Dale Bugby Managing Agent for VTCA 1 4/3/2012 8-7-30 President Vail Resort Rentals, Inc. 970-476-0900 www.vailresortrentals.com Vistar Real Estate, Inc. 970-476-6223 www.vistarrealestate.com cc: Stan Zemler TOV Board Members Dale Bugby Vail Resort Rentals, Inc. 970-476-0900 www.vailresortrentals.com Vistar Real Estate, Inc. 970-476-6223 www.vistarrealestate.com 2 4/3/2012 8-7-31 Bill Gibson From: David Reynolds <davidhreynolds @hotmail.com> Sent: Tuesday, November 08, 20112:17 PM To: Bill Gibson Subject: Townhouse Zone District Dear Mr. Gibson, I am aware that he Town of Vail Planning and Environmental Commission will be considering the Vail Village Townhouse District during the meeting of November 14, 2011. As an owner of a unit in Vail Trails Chalet, and a member of the board of managers, I wish to express my support for the revised ordinance. I request that a full basement exemption be allowed or that the GRFA be 1.5. Thank you for your consideration. David H Reynolds 1955 Fox Mountain Point Colorado Springs, Colorado 80906 i 4/3/2012 8-7-32 Bill Gibson From: Jim Butterworth <jim @butterworth.net> Sent: Wednesday, November 09, 20118:23 AM To: Bill Gibson Cc: Warren Campbell Subject: Re:Vail Village Town House Zoning District Attachments: image001.png; image002.png Dear Bill and Warren, my understanding is that this matter is moving to the PEC on the 14th. I know you've been working on this project for a LONG time! With respect to the PEC meeting on Monday, I'd respectfully suggest that the PEC allow either a full basement exemption or for the GRFA ratio to be 1.5. 1 appreciate your consideration of this request! All the best,Jim From: Bill Gibson <BGibson @vailgov.com> Date: Fri, 23 Sep 201121:37:43 +0000 To:Jim Butterworth <iim @butterworth.net> Subject: RE: Vail Village Town House Zoning District Thanks for your email Jim. We will be tabling this item to at least the October 10th PEC, but may tabled it out even further to the hearing on the 24th. Sincerely, Bill Bill Gibson, AICP Town Planner Community Development TOWN OF VIAIL 970.479.2173 970.479-2452 fax vailgov.com twitter.com/vailgov 1 4/3/2012 8-7-33 From: Jim Butterworth [mailtojim(Dbutterworth.net] Sent: Wednesday, September 21, 2011 11:59 AM To: Bill Gibson; Warren Campbell Subject: Vail Village Town House Zoning District Dear Warren and Bill: As you know I have been following the proposed Town House district very closely. I would like the attend the next hearing on this proposal but I have a conflict on September 26th and cannot make the meeting. I would like to request that you table the proposal to the October 10th meeting date of the PEC so that I might have the opportunity to speak at the meeting and provide me with a little more time to evaluate the proposal. Please let me know if you are able to accommodate my request and I appreciate your consideration. And thank you for your tireless work on this proposal! Sincerely, Jim Butterworth 2 4/3/2012 8-7-34 Vail Village Townhouse ( VVT ) Zone District Existing GRFA Calculation Formulas Town of Vail Community Development 10/19/10 Existing Allowable GRFA Formula • A = lot Size x 0 . 76 ( HDMF GRFA ratio) • B = A x 0. 15 (interior conversion equivalent) • C = units x 250 ( 250 equivalent) • A+ B+C = Existing Allowable GRFA (sq .ft . ) • GRFA / Lot Size = Allowable GRFA Ratio Town of Vail Community Development 10/19/10 Existing Allowable GRFA Ratio • Vail Townhouses : • Vail Row Houses : • Vail Trails Chalet : • Vail Trails East : • Texas Townhornes : 1 . 04 0 . 96 to 1 .09 1 . 13 1 . 18 0 . 98 to 1 .09 Town of Vail Community Development 10/19/10 Existing Allowable GRFA Ratio ( plus 250's prior to 2004 ) • Vail Townhouses : • Vail Row Houses : • Vail Trails Chalet : • Vail Trails East : • Texas Townhornes : 1 . 33 1 . 16 to 1 .43 1 . 50 1 . 59 1 . 20 to 1 .41 Town of Vail Community Development 10/19/10 Existing Allowable GRFA Ratio ( based upon built conditions ) • Vail Townhouses : • Vail Row Houses : • Vail Trails Chalet : • Vail Trails East : • Texas Townhornes : 1 . 13 0 . 76 to 1 . 53 1 . 27 1 . 32 0 . 88 to 1 . 21 Town of Vail Community Development 10/19/10 V ail Village Townhouse ( VVT ) Zone District 1 . 25 vs 1 . 35 GRFA Ratios Town of Vail Community Development 10/19/10 Townhouses (11 units) Vail Trails 18,644 23,305 25,169 11864 98 Chalets (19 units) Vail Trails East 20,735 25,919 27,992 21073 8-7-41 m Lot 7 (2 units) 21744 31430 31704 —EW274 Lot 8 (2 units) 21614 31268 31529 261 Lot 9 (1 unit) 21396 21995 31235 240 Lot 10 (2 units) 21265 21831 31058 227 Lot 11 (2 units) 21309 21886 31117 231 Lot 12 (2 units) 21919 31649 31941 292 Lot 13 (2 units) 51750 71188 71763 575 8-7-42 Lot 1 (1 unit) Lot 2 (2 units) Lot 3 (1 units) Lot 4 (2 units) Lot 5 (2 units) Lot 6 (2 units) Lot 7 (2 units) Lots 8 & 9 (2 units) 21352 21309 21886 31117 ' 21352 21940 31175 235 21309 21886 31117 231 21352 21940 31175 235 21352 21940 31175 235 21352 21940 31175 235 21352 21940 31175 235 31920 41900 51292 392 8-7-43 Vail Village Townhouse ( VVT ) Zone District Example Roof Eave Heights Town of Vail Community Development 10/19/10 8-7-45 8-7-46 8-7-47 8-7-48 8-7-49 8-7-50 8-7-51 8-7-52 8-7-53 PLANNING AND ENVIRONMENTAL COMMISSION 0 November 14, 2011 1:00pm TOWN OFVAIL)� TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road W. -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Luke Cartin Bill Pierce Pam Hopkins Michael Kurz Henry Pratt John Rediker Tyler Schneidman 45 minutes 1. 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 (VVT) District, and setting forth details in regard thereto; and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub- Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) Applicant: Town of Vail Planner: Bill Gibson ACTION: Recommendation of Approval with Modification(s) MOTION: Schneidman SECOND: Hopkins VOTE: 4-1-1 (Rediker opposed and Pratt recused) Commissioner Pratt recused due to a conflict of interest. Commissioner Kurz was appointed chairman for this item. Bill Gibson gave a presentation per the staff memorandum. Commissioner Hopkins asked for clarification on Staff's recommendation of a 1.25 GRFA ratio verses the 1.35 GRFA previously recommended by the Commission. She stated she was concerned about allowing roof pitches up to 6:12 when the existing roofs generally have shallower pitches. She believes a 6:12 pitch is too steep to maintain the existing architectural vocabulary. She recommended allowing 3:12 to 4:12 roof pitches instead of 3:12 to 6:12 pitches. Commissioner Cartin asked Staff to inform the Town Council that there are numerous unresolved street right-of-way issues east of Vail Valley Drive that have not been addressed with the proposed master plan amendments. Dominic Mauriello, representing the Galvins, spoke to the positive outcome of the past several years of review. He highlighted the history of Staff's recommendation of a 1.25 GRFA ratio and noted that this recommendation was made prior to the additional design guidelines being added to the master plan. He made an argument for a 1.5 GRFA ratio or a 1.35 GRFA ratio that involves not counting any of the basement level in the GRFA calculations. He noted the property owner letters supporting a 1.5 GRFA ratio. Page 1 4/3/2012 8-8- 1 John Dunn, representing Barbara and Dolph Bridgewater, stated again for the record his client's concerns with this proposal and its potential unintended consequences to the historical nature of the neighborhood. Commissioner Kurz spoke in regard to the roof pitch guidelines being reduced in order to preserve the existing architectural character and whether or not a full basement deduction should be incorporated into the GRFA calculations. He noted that the PEC has discussed GRFA at great length and he believes a 1.35 GRFA ratio is appropriate. Commissioner Hopkins spoke to the zone district benefitting new construction more than existing over/under units. Commissioner Cartin recommended not changing the GRFA basement deduction method. He supported reducing the allowable roof pitches to 3:12 to 4:12 to protect the existing architectural character of the neighborhood. Commissioner Schneidman noted his support the proposed zone district, the discussed changes to the roof pitch guidelines, and a 1.35 GRFA ratio. Commissioner Kurz asked Dominic Mauriello to speak to the roof pitch changes being discussed. Dominic Mauriello believes the 3:13 to 6:12 range allows for more flexibility and variety, but his clients would not be opposed to the discussed change. He also spoke to his knowledge that the Vail Trails East and Vail Trails Chalets are both considering complete demolition as a redevelopment scenario. Commissioner Kurz supported changing the allowable roof pitches to 3:12 to 4:12. Commissioner Schneidman made a motion to forward a recommendation of approval to the Town Council with the modification that the roof pitch guideline be changes from 3:12 to 6:12 to a guideline of 3:12 to 4:12. 5 minutes 2. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Dimond/ Kristen Bertuglia ACTION: Tabled to November 28, 2011 MOTION: Kurz SECOND: Schneidman VOTE: 6-0-0 5 minutes 3. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-22, View Corridors, Vail Town Code, to allow for the maintenance of designated view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC110056) Applicant: Town of Vail Planner: Warren Campbell ACTION: Tabled to November 28, 2011 MOTION: Kurz SECOND: Schneidman VOTE: 6-0-0 5 minutes Page 2 4/3/2012 8-8-2 4. A request for findings of fact and a determination of accuracy and completeness, pursuant to Chapter 12-3, Administration and Enforcement, Vail Town Code, and Article 12-7B, Commercial Core 1 District, Vail Town Code, for applications 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 (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 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) ACTION: Tabled to November 28, 2011 MOTION: Kurz SECOND: Schniedman VOTE: 6-0-0 5. Approval of October 24, 2011 minutes MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 6. Information Update 7. Adjournment MOTION: Cartin SECOND: Schniedman VOTE: 5-0-0 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. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published November 11, 2011, in the Vail Daily. Page 3 4/3/2012 8-8-3 K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: First reading of Ordinance No. 6, Series of 2012, an ordinance reestablishing "temporary business office" as a conditional use within the Lionshead Mixed Use 1 District, and setting forth details in regard thereto. PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2012, upon first reading. BACKGROUND: On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004. This ordinance created the "temporary business office" land use and established it as a conditional use within the Lionshead Mixed use 1 District. Within the ordinance there was a provision causing the land use to cease being a conditional use on December 31, 2008. The purpose of the text amendment was to provide adequate temporary sites and locations for existing business offices currently in Lionshead that are displaced for a period of time during construction in Lionshead. On March 5, 2012, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to reestablish "temporary business office" as a conditional use within the Lionshead Mixed Use 1 District. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 6, Series of 2012, on first reading. ATTACHMENTS: Memorandum to Town Council Ordinance No. 6, Series of 2012 March 5, 2012 Planning and Environmental Commission memorandum 4/3/2012 TOWN OF VAIL ' Memorandum TO: Vail Town Council FROM: Community Development Department DATE: April 3, 2012 SUBJECT: First reading of Ordinance No. 6, Series of 2012, an ordinance reestablishing "temporary business office" as a conditional use within the Lionshead Mixed Use 1 District, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Warren Campbell I. DESCRIPTION OF REQUEST The Town of Vail is requesting to reestablish the temporary business office land use as a conditional use in the Lionshead Mixed Use 1 District. The reestablishment of this land use will continue to allow the community to temporarily accommodate business office space needs that have been displaced due to redevelopment. This ordinance is not intended to circumvent the horizontal zoning regulations. II. ACTION REQUESTED OF THE VAIL TOWN COUNCIL Does the Vail Town Council want to reestablish temporary business offices as a conditional use within the Lionshead Mixed Use 1 District? The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2012 upon first reading. III. BACKGROUND • On September 16, 1975, the Vail Town Council adopted Ordinance No. 16, Series of 1975. This ordinance has become known as the "Ordinance Amending the Zoning Ordinance by Imposing Horizontal Zoning in CCI". The legislative intents of Ordinance No. 16 were to maintain and preserve the nature and character of Vail's commercial areas with a mixture of residential and commercial uses; to promote and protect these areas as pedestrian areas; and to promote a variety of retail shops at the pedestrian level by prohibiting business offices on the first floor. 4 ; 2012 9- 1 - i • On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan. Amongst other purposes, a goal of the Master Plan is to facilitate the redevelopment of the Lionshead Core Site which is identified in the Master Plan as the "Lionshead Retail Core". • On October 11, 2004, the Planning and Environmental Commission, forwarded a recommendation of approval to the Vail Town Council for the adoption of a "temporary business office" land use and for its incorporation as a conditional use within the Lionshead Mixed Use 1 District. • On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004. This ordinance created the "temporary business office" land use and established it as a conditional use within the Lionshead Mixed Use 1 District. The ordinance was set to become null and void on December 31, 2008. The purpose of the text amendment was to provide adequate temporary sites and locations for existing business offices currently in Lionshead that are displaced for a period of time during the construction in Lionshead. • On July 9, 2007, the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the temporary business office regulations. On August 7, 2007, the Vail Town Council adopted Ordinance No. 22, Series of 2007, which amended the definition of temporary business offices and established use specific criteria to allow temporary business offices for a period of more than three years. There was no sunset placed upon these regulations. IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On March 5, 2012, the Planning and Environmental Commission forwarded a recommendation of approval to reestablish temporary business office as a conditional use in the Lionshead Mixed Use 1 District. Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2012, upon first reading, the Community Development Department recommends the Council passes the following motion: "The Vail Town Council approves Ordinance No. 6, Series Of 2012, an ordinance amending Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, adding "Temporary Business Office"as a conditional use in the Lionshead Mixed Use 1 Zone District, and setting forth details in regard thereto." Town of Vail Page 2 4 3 20 12 9- 1 -2 Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2012, the Community Development Department recommends the Council makes the following findings: "Based upon the review of the criteria outlined in the March 5, 2012 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds. 1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town, and 2) That the amendment furthers the general and specific purposes of the zoning regulations, and 3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." V. ATTACHMENTS A. Ordinance No. 6, Series of 2012 draft B. Planning and Environmental Commission memorandum dated March 5, 2012 Town of Vail Page 3 4 3 20 12 9- 1 -3 ORDINANCE NO. 6 SERIES OF 2012 ORDINANCE NO. 6, SERIES OF 2012, AN ORDINANCE AMENDING SECTION 12- 7H-3, PERMITTEDAND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL, ADDING "TEMPORARY BUSINESS OFFICE" AS A CONDITIONAL USE IN THE LIONSHEAD MIXED USE 1 DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, the Vail Town Council found that the redevelopment of Lionshead would cause the displacement of business offices: and WHEREAS, the Vail Town Council found that the preservation of business offices within the town was necessary to maintain established community qualities and economic values and prevent their relocation outside of the town; and WHEREAS, the Vail Town Council adopted Ordinance No. 26, Series of 2004, on November 16, 2004, which established "temporary business office" as a conditional use in the Lionshead Mixed Use 1 District and created a definition for the land use in order to maintain business offices within the town on a temporary basis; and WHEREAS, Ordinance No. 26, Series of 2004, contained a provision in Section 2 causing the Ordinance to become null and void and the temporary business office to cease being a conditional use on December 31, 2008; and WHEREAS, the Vail Town Council adopted Ordinance No. 22, Series of 2007, on August 7, 2007, which amended the definition for temporary business office and established use specific criteria and standards for the land use within Chapter 16, Ordinance No.6,Series of 2012 4/3/2011 9-2- 1 Conditional Use Permits, Vail Town Code; and WHEREAS, Section 12-2-2 Definitions of Words, Vail Town Code, defines a temporary business office as, "An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the town of Vail due to redevelopment construction activities." WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its March 5, 2012 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the proposed 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; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. Ordinance No.6,Series of 2012 4/3/20 Q 9-2-2 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to reestablish temporary business office as a conditional use within the Lionshead Mixed Use 1 District. (Text that is to be deleted is r+r . Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 12-7H-3 (in part) is hereby amended as follows: 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Attached accommodation units. Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges. Major arcades. Ordinance No.6,Series of 2012 4/3/201 9-2-3 Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Temporary business offices. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. 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 6. 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. Ordinance No.6,Series of 2012 4/3/201 9-2-4 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2012, and a public hearing for second reading of this Ordinance set for the 17f" day of April, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 17f" day of April, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No.6,Series of 2012 4/3/20 5 9-2-5 TOWN OF VAIL ' Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 5, 2012 SUBJECT: A request for a recommendation to the Vail Town Council for a proposed text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-71-1-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, to reestablish "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 District, and setting forth details in regard thereto. (PEC120007) Applicant: Town of Vail Planner: Warren Campbell I. SUMMARY The Town of Vail is requesting to reestablish the temporary business office land use as a conditional use in the Lionshead Mixed Use 1 District. The proposed reestablishment of this land use will continue to allow the community to address business office space needs as a result of continued redevelopment. Based upon staff's review of the criteria in Section V of this memorandum, the Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council of the requested text amendment, subject to the findings noted in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The proposed text amendments are as follows: (deletions are shown in strike through/additions are shown bold) 12-71-1-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor"or "street level"shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. 4/3/2012 9-3- I B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type 111 (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Temporary Business Offices Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. III. BACKGROUND On September 16, 1975, the Vail Town Council adopted Ordinance No. 16, Series of 1975. This ordinance has become known as the "Ordinance Amending the Zoning Ordinance by Imposing Horizontal Zoning in CCI". The legislative intents of Ordinance No. 16 were to maintain and preserve the nature and character of Vail's commercial areas with a mixture of residential and commercial uses; to promote and protect these areas as pedestrian areas; and to promote a variety of retail shops at the pedestrian level by prohibiting business offices on the first floor. On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan. Amongst other purposes, a goal of the Master Plan is to facilitate the redevelopment of the Lionshead Core Site which is identified in the Master Plan as the "Lionshead Retail Core". On October 11 , 2004, the Planning and Environmental Commission, forwarded a recommendation of approval to the Vail Town Council for the adoption of a Town of Vail Page 2 4/3/2012 9-3-2 "temporary business office" land use and for its incorporation as a conditional use within the Lionshead Mixed Use 1 District. This land use was created in response to the displacement of existing offices by the construction of the Arrabelle. On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004. This ordinance created the "temporary business office" land use and established it as a conditional use within the Lionshead Mixed Use 1 District. The ordinance was set to become null and void on December 31 , 2008. On July 9, 2007, the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the temporary business office regulations. On August 7, 2007, the Vail Town Council adopted Ordinance No. 22, Series of 2007, which amended the definition of temporary business offices and established use specific criteria to allow temporary business offices for a period of more than three years. There was no sunset placed upon these regulations. IV. APPLICABLE DOCUMENTS SECTION 12-2-2, DEFINITIONS OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the town of Vail due to redevelopment construction activities. ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT (in part) Section 12-7H-1: Purpose: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to Town of Vail Page 3 4/3/2012 9-3-3 create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Lionshead Redevelopment Master Plan 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redevelopment to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing art venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. V. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3-7, Amendment, Vail Town Code. Town of Vail Page 4 4/3/2012 9-3-4 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, The proposed text amendment to reestablish temporary business office as a land use furthers the general and specific purposes of the Zoning Regulations. According to Section 12-1-2, Purpose, Vail Town Code, the general and specific purposes of the Zoning Regulations are: '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." Upon review of the stated purposes of the Zoning Regulations, staff believes that reestablishment of this land use to allow temporary business office uses to continue on the first floor or street level within the Lionshead Mixed Use 1 District is compatible with the general purpose of the Zoning Regulations and the specific purposes #5 and #6 above. Staff believes the proposed text amendment will provide the Planning and Environmental Commission with continued flexibility and discretion in regulating temporary business offices to achieve the zoning regulation's purpose of Town of Vail Page 5 4/3/2012 9-3-5 promoting coordinated and harmonious development. The proposed text amendment will allow the Commission the ability to continue to review the time frame for a temporary business office on a case-by-case basis in response to the specific circumstances of the request. Therefore, Staff believes the proposed text amendments further the general and specific purposes of Title 12. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, The reestablishment of the temporary business office land use will continue to provide adequate temporary sites and locations for existing business offices that are displaced as a result of redevelopment. This amendment will continue to lessen the negative impacts associated with completion of improvements in accordance with the goals, objectives and policies outlined in the Town's Comprehensive Plan. Additionally, this amendment will continue to ensure that existing business in Vail will remain located within the community. It is possible that if this amendment were not approved, certain business office operations could be lost to more permanent locations down valley. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, The reestablishment of the temporary business office land use is in response to a continued need to have the established land use and process for allowing displaced offices to remain in Vail. These amendments were initially adopted with a sunset provision of four (4) years, expiration on December 31 , 2008, to cover the anticipated redevelopment construction period. As identified in the initial adoption of these regulations "the construction of the Lionshead Core Site Hotel and the unintended consequences that construction of the hotel will have on existing business offices and mountain operations creates the need for this text amendment." Staff believes the reestablishment of this land use is necessary to continue to address the displacement of existing offices as a result of redevelopment. The economic downturn has changed conditions by extending the initially anticipated redevelopment period. When the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the temporary business office regulations in July of 2007 and the Vail Town Council adopted Ordinance No. 22, Series of 2007, in August of 2007, there was no sunset clause placed upon the amendments. Staff was not aware that there had been a sunset placed upon the land use in Ordinance No. 26, Series of 2004. The discussion surrounding the 2007 amendments changing the definition of temporary business offices and establishing use specific criteria for the evaluation of extensions beyond three Town of Vail Page 6 4/3/2012 9-3-6 years did not include a sunset provision. Therefore, if approved, staff is not suggesting that a sunset provision be placed upon the adoption ordinance reestablishing temporary business offices as a conditional use. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Staff believes the reestablishment of the temporary business office land use will continue to provide a harmonious, convenient, workable relationship among land use regulations. The reestablishment of the land use and regulations will allow for the continued achievement of the municipal development objectives. 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to for proposed text amendments to Section, 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, to reestablish "temporary business offices"as a conditional use in the Lionshead Mixed Use 1 District, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, for a proposed text amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section, 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, to reestablish "temporary business offices"as a conditional use in the Lionshead Mixed Use 1 District, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings: Town of Vail Page 7 4/3/2012 9-3-7 'Based upon a review of the staff memorandum dated February 27, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and 2) That the amendment furthers the general and specific purposes of the zoning regulations; and 3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." Town of Vail Page 8 4/3/2012 9-3-8 K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: Resolution No. 15, Series 2012, A Resolution Approving The Conveyance Of A Portion of the Real Property Located at 75 South Frontage Road, Vail, Colorado (The Town Hall Property) From The Vail, Colorado, Municipal Building Authority And Accepting Such Property PRESENTER(S): Matt Mire and George Ruther ACTION REQUESTED OF COUNCIL: Approve Resolution No. 15, Series 2012 BACKGROUND: The real property described in Resolution No. 15, Series 2012, (the "Property") was owned by the Vail, Colorado, Municipal Building Authority (the "Authority"), a Colorado non-profit corporation. The Authority was originally incorporated in 1970 and again in 1985, for the purpose of financing the construction of Town facilities on the Property. Pursuant to the Authority's Articles of Incorporation, The Authority was to convey the Property back to The Town once all outstanding debt on the Property was fully satisfied. All outstanding debt on the Property has been fully satisfied. On or about March 22, 2012, The Authority conveyed the Property to the Town. The Town Council, via Resolution No 15, Series 2012 wishes to approve such conveyance and accept the Property. The Council will then Authorize the conveyance of the Property as set forth in Ordinance No 4, Series 2012. STAFF RECOMMENDATION: Approve Resolution No. 15, Series 2012 ATTACHMENTS: Resolution No. 15, Series of 2012 4 3 20 12 RESOLUTION NO. 15 SERIES 2012 A RESOLUTION APPROVING THE CONVEYANCE OF A PORTION OF THE REAL PROPERTY LOCATED AT 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO (THE TOWN HALL PROPERTY) FROM THE VAIL, COLORADO, MUNICIPAL BUILDING AUTHORITY AND ACCEPTING SUCH PROPERTY WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, currently, the real property located at 75 South Frontage Road, Vail, Colorado, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"), is owned by the Vail, Colorado, Municipal Building Authority (the "Authority"), a Colorado non-profit corporation; WHEREAS, the Authority was originally incorporated in 1970, and then again in 1985, with the purpose of financing the construction of Town facilities on the Property; WHEREAS, pursuant to Article III, Section 3 of the Authority's Articles of Incorporation, the Authority is only authorized to convey real property to the Town once any outstanding debt on such real property is fully satisfied; WHEREAS, pursuant to Article XI of the Authority's Articles of Incorporation, all property of the Authority must be conveyed to the Town and to no other party; WHEREAS, in 1985, in accordance with Article III, Section 3 of its Articles of Incorporation, the Authority conveyed the other half of the real property located at 75 South Frontage Road, Vail, Colorado, to the Town, because the outstanding debt on such property had been fully satisfied; WHEREAS, similarly, all outstanding debt on the Property has been fully satisfied; WHEREAS, in accordance with Article III, Section 3 of its Articles of Incorporation and pursuant to Resolution 2012-1, Series 2012, the Authority conveyed the Property to Town by special warranty dated March 22, 2012. The resolution and the deed are attached hereto as Exhibit B, and made a part hereof by this reference; and WHEREAS, the Town Council wishes to approve such conveyance and accept the Property. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 4/3/20121 10- I - I 1 . The Town Council hereby approves the conveyance of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, and accepts such property on behalf of the Town. INTRODUCED, PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF VAIL HELD THIS 3RD DAY OF APRIL, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk 4/3/20 122 10- 1 -2 EXHIBIT A Property Address: 75 S Frontage Rd Vail, Colorado 81657 County of Eagle, State of Colorado Legal Description: PARCEL 1 : A PART OF THE SOUTHEAST QUARTER OF SECTION TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION THENCE NORTH 00 DEGREES 28 MINUTES 16 SECONDS WEST AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 72.75 FEET TO A POINT, SAID POINT BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. AS MEASURED AT RIGHT ANGLES THERETO; THENCE NORTH 79 DEGREES 46 MINUTES 11 SECONDS WEST AND ALONG A LINE PARALLEL TO SAID SOUTHEASTERLY RIGHT OF WAY LINE 145.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 16 DEGREES 08 MINUTES 47 SECONDS EAST, 63.50 FEET; THENCE NORTH 72 DEGREES 03 MINUTES 02 SECONDS WEST, 226.70 FEET; THENCE NORTH 68 DEGREES 08 MINUTES 34 SECONDS WEST, 201 .00 FEET; THENCE NORTH 66 DEGREES 43 MINUTES 48 SECONDS WEST, 164.39 FEET; THENCE CONTINUING ALONG THE AFORESAID COURSE 238.00 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 00 SECONDS WEST, 47.79 FEET; THENCE SOUTH 41 DEGREES 24 MINUTES 53 SECONDS EAST, 183.50 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 197.40 FEET, A CENTRAL ANGLE OF 30 DEGREES 47 MINUTES 4 SECONDS, AN ARC DISTANCE OF 106.10 FEET; THENCE SOUTH 72 DEGREES 12 MINUTES 37 SECONDS EAST, 183.50 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. SAID LINE BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. AS MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH 79 DEGREES 46 MINUTES 11 SECONDS EAST AND ALONG SAID NORTH RIGHT OF WAY LINE 397.56 FEET TO THE TRUE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY DESCRIBED IN DEED RECORDED JULY 14, 1971 IN BOOK 221 AT PAGE 4/3/20 123 10- 1 -3 Exhibit B 4/3/20124 10- 1-4 VAIL, COLORADO, MUNICIPAL BUILDING AUTHORITY RESOLUTION NO. 2012-1 SERIES 2012 A RESOLUTION APPROVING THE CONVEYANCE OF A PORTION OF THE REAL PROPERTY LOCATED AT 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO FROM THE VAIL, COLORADO, MUNICIPAL BUILDING AUTHORITY TO THE TOWN OF VAIL WHEREAS, the Vail, Colorado, Municipal Building Authority (the "Authority"), is a Colorado nonprofit corporation organized and existing under the laws of the State of Colorado; WHEREAS, the Authority currently owns the real property located at 75 South Frontage Road, Vail, Colorado, more particularly described in Exhibit A to the Special Warranty Deed attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Authority was originally incorporated in 1970, and then again in 1985, with the purpose of financing the construction of Town of Vail ("Town") facilities on the Property; WHEREAS, pursuant to Article III, Section 3 of the Authority's Articles of Incorporation, the Authority is only authorized to convey real property to the Town once any outstanding debt on such real property is fully satisfied; WHEREAS, pursuant to Article XI of the Authority's Articles of Incorporation, all property of the Authority must be conveyed to the Town and to no other party; WHEREAS, in 1985, in accordance with Article III, Section 3 of its Articles of Incorporation, the Authority conveyed the other portion of the real property located at 75 South Frontage Road, Vail, Colorado, to the Town, because the outstanding debt on such property had been fully satisfied; WHEREAS, similarly, all outstanding debt on the Property has been fully satisfied; WHEREAS, the voting members of the Authority's Board of Directors have, by written ballot, voted on whether to convey the Property to the Town at this time; and WHEREAS, the voting members of the Authority's Board of Directors have, by written ballot, voted in favor of conveying the Property to the Town at this time. 1 321/2012 Q:WSERSIVA/LIMOBIMBA CONVEYANCE-RES-I DOC 4/3/2012 10- 1 -5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE VAIL, COLORADO, MUNICIPAL BUILDING AUTHORITY, THAT: 1. The Board of Directors hereby approves the conveyance to the Town of Vail of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, which portion is more particularly described in Exhibit A to the Special Warranty Deed attached hereto and incorporated herein by this reference. 2. The Secretary of the Board of Directors is hereby authorized to execute the Special Warranty Deed attached hereto on behalf of the Authority. INTRODUCED,_.�ASSED AND ADOPTED BY WRITTEN BALLOT BY THE AUTHORITY, THIS"" DAY OF MARCH, 2012. `f/gZQ N Cs rA W.C.L-V Board mter ROSG J Board Me b Board member Board Member Board Member ATTEST: Secretary Ud L •'BSA VLG�n{C.+-�G1'' rgbdibF4,uf'YWK. VbltU(.d-q�X' 2 M112012 Q:IUSERSIVAILIMOBIMBA CONVEYANCE-RES-I DOC 4/3/2012 10- 1 -6 SPECIAL WARRANTY DEED THIS DEED, is made effective this _ day of March, 2012, and is made between the Vail, Colorado, Municipal Building Authority, the "Grantor," a Colorado non-profit corporation organized and existing under and by virtue of the laws of the State of Colorado, and the TOWN OF VAIL, a Colorado home rule municipality, whose address is 75 South Frontage Road, Vail, Eagle County, Colorado ("Grantee"): WITNESS, that Grantor, for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys, and confirms unto Grantee and Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Eagle, State of Colorado, more particularly described in Exhibit A, attached hereto and incorporated by this reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above-bargained real property with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto Grantee and Grantee's successors and assigns forever. Grantor, for itself and its successors and assigns, does covenant and agree that Grantor shall and will warrant and forever defend the Property in the quiet and peaceable possession of the Grantee and the successors and assigns of Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor except and subject to those matters set forth in Exhibit B, attached hereto and incorporated by this reference. IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the date first above-written. Vail, Colorado, Municipal Building Authority STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of 1 2012, by as of the Vail, Colorado, Municipal Building Authority. My commission expires: (S E A L) Notary Public 3 N212012 Q:IUSERSIVAILIMOBIMBA CONVEYANCE-RES-IDOC 4/3/2012 10- 1 -7 EXHIBIT A Property Address: 75 S Frontage Rd Vail, Colorado 81657 County of Eagle, State of Colorado Legal Description: A PART OF THE SOUTHEAST QUARTER OF SECTION 6 TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6 THENCE NORTH 00 DEGREES 28 MINUTES 16 SECONDS WEST AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 72.75 FEET TO A POINT, SAID POINT BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 AS MEASURED AT RIGHT ANGLES THERETO; THENCE NORTH 79 DEGREES 46 MINUTES 11 SECONDS WEST AND ALONG A LINE PARALLEL TO SAID SOUTHEASTERLY RIGHT OF WAY LINE 145.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 16 DEGREES 08 MINUTES 47 SECONDS EAST, 63.50 FEET; THENCE NORTH 72 DEGREES 03 MINUTES 02 SECONDS WEST, 226.70 FEET; THENCE NORTH 68 DEGREES 08 MINUTES 34 SECONDS WEST, 201.00 FEET; THENCE NORTH 66 DEGREES 43 MINUTES 48 SECONDS WEST, 164.39 FEET; THENCE CONTINUING ALONG THE AFORESAID COURSE 238.00 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 00 SECONDS WEST, 47.79 FEET; THENCE SOUTH 41 DEGREES 24 MINUTES 53 SECONDS EAST, 183.50 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 197.40 FEET, A CENTRAL ANGLE OF 30 DEGREES 47 MINUTES 4 SECONDS, AN ARC DISTANCE OF 106.10 FEET; THENCE SOUTH 72 DEGREES 12 MINUTES 37 SECONDS EAST, 183.50 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 SAID LINE BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 AS MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH 79 DEGREES 46 MINUTES 11 SECONDS EAST AND ALONG SAID NORTH RIGHT OF WAY LINE 397.56 FEET TO THE TRUE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY DESCRIBED IN DEED RECORDED JULY 14, 1971 IN BOOK 221 AT PAGE 6. 4 312112012 Q:IUSERSIVAILIMOBIMBA CONVEYANCE-RES-3.DOC 4/3/2012 10- 1 -8 EXHIBIT B EXCEPTIONS: 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. 3. AN EASEMENT AND RIGHT OF WAY AS GRANTED TO THE STATE OF COLORADO IN THE INSTRUMENT RECORDED JUNE 8, 1940 IN BOOK 127 AT PAGE 466. 4. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AND IMPOSED BY ZONING ORDINANCE #13, SERIES OF 1969, RECORDED DECEMBER 03, 1969 IN BOOK 216 AT PAGE 532. 5. EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE RIGHT OF WAY OF 1-70, AS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO, AND THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO IN RULE AND ORDER RECORDED JANUARY 05, 1971 IN BOOK 219 AT PAGE 441. 6. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED JANUARY 04, 1985, IN BOOK 404 AT PAGE 56. NOTE: SAID DISTRICT WAS CONSOLIDATED INTO THE EAGLE RIVER WATER AND SANITATION DISTRICT BY ORDER OF THE DISTRICT COURT RECORDED JULY 8, 1996 IN BOOK 699 AT PAGE 278. 5 312112012 Q:IUSERSIVAILIMOBIMBA CONVEYANCE-RES-3.DOC 4/3/2012 10- 1 -9 SPECIAL WARRANTY DEED THIS DEED, is made effective thisid day of March, 2012, and is made between the Vail, Colorado, Municipal Building Authority, the "Grantor," a Colorado non-profit corporation organized and existing under and by virtue of the laws of the State of Colorado, and the TOWN OF VAIL, a Colorado home rule municipality, whose address is 75 South Frontage Road, Vail, Eagle County, Colorado ("Grantee"): WITNESS, that Grantor, for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys, and confirms unto Grantee and Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Eagle, State of Colorado, more particularly described in Exhibit A, attached hereto and incorporated by this reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above-bargained real property with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto Grantee and Grantee's successors and assigns forever. Grantor, for itself and its successors and assigns, does covenant and agree that Grantor shall and will warrant and forever defend the Property in the quiet and peaceable possession of the Grantee and the successors and assigns of Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor except and subject to those matters set forth in Exhibit B, attached hereto and incorporated by this reference. IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the date first above-written. v Vail, Colorado, Municipal Building Authority STATE OF COLD DO ) ss. COUNTY OF ) N� Tft foregoing i trument was subscribed, sworn to, and acknowledged before me this day of ',(� 2012, by Kent Rose as Secretary of the Vail, Colorado, Municipal Building Authority. / My commission expires: S �l (S E A L) ���p,RY•pGe` Not blic D LORELEI OAKLDSON OOI.� 3/21/2012 Q:IUSERSIVAILIMOBIMBA DEED TO TOWN-3.DOC 4/3/2012 10- I - 10 ` a EXHIBIT A Property Address: 75 S Frontage Rd Vail, Colorado 81657 County of Eagle, State of Colorado Legal Description: A PART OF THE SOUTHEAST QUARTER OF SECTION 6 TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6 THENCE NORTH 00 DEGREES 28 MINUTES 16 SECONDS WEST AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 72.75 FEET TO A POINT, SAID POINT BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 AS MEASURED AT RIGHT ANGLES THERETO; THENCE NORTH 79 DEGREES 46 MINUTES 11 SECONDS WEST AND ALONG A LINE PARALLEL TO SAID SOUTHEASTERLY RIGHT OF WAY LINE 145.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 16 DEGREES 08 MINUTES 47 SECONDS EAST, 63.50 FEET; THENCE NORTH 72 DEGREES 03 MINUTES 02 SECONDS WEST, 226.70 FEET; THENCE NORTH 68 DEGREES 08 MINUTES 34 SECONDS WEST, 201.00 FEET; THENCE NORTH 66 DEGREES 43 MINUTES 48 SECONDS WEST, 164.39 FEET; THENCE CONTINUING ALONG THE AFORESAID COURSE 238.00 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 00 SECONDS WEST, 47.79 FEET; THENCE SOUTH 41 DEGREES 24 MINUTES 53 SECONDS EAST, 183.50 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 197.40 FEET, A CENTRAL ANGLE OF 30 DEGREES 47 MINUTES 4 SECONDS, AN ARC DISTANCE OF 106.10 FEET; THENCE SOUTH 72 DEGREES 12 MINUTES 37 SECONDS EAST, 183.50 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 SAID LINE BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 AS MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH 79 DEGREES 46 MINUTES 11 SECONDS EAST AND ALONG SAID NORTH RIGHT OF WAY LINE 397.56 FEET TO THE TRUE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY DESCRIBED IN DEED RECORDED JULY 14, 1971 IN BOOK 221 AT PAGE 6. 3/21/2012 Q:IUSERSIVAILIMOBIMBA DEED TO TOWN-3.DOC 4/3/2012 10- I - 11 EXHIBIT B EXCEPTIONS: 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. 3. AN EASEMENT AND RIGHT OF WAY AS GRANTED TO THE STATE OF COLORADO IN THE INSTRUMENT RECORDED JUNE 8, 1940 IN BOOK 127 AT PAGE 466. 4. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AND IMPOSED BY ZONING ORDINANCE#13, SERIES OF 1969, RECORDED DECEMBER 03, 1969 IN BOOK 216 AT PAGE 532. 5. EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE RIGHT OF WAY OF 1-70, AS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO, AND THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO IN RULE AND ORDER RECORDED JANUARY 05, 1971 IN BOOK 219 AT PAGE 441. 6. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED JANUARY 04, 1985, IN BOOK 404 AT PAGE 56. NOTE: SAID DISTRICT WAS CONSOLIDATED INTO THE EAGLE RIVER WATER AND SANITATION DISTRICT BY ORDER OF THE DISTRICT COURT RECORDED JULY 8, 1996 IN BOOK 699 AT PAGE 278. 3/21/2012 Q:IUSERSIVA/LIMOBIMBA DEED TO TOWN-3.DOC 4/3/2012 10- 1 - 12 K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: Second reading of Ordinance No. 4, Series of 2012, an ordinance authorizing the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, (the "Town Hall Property") to Vail MOB, LLC, for the purchase price of$5 million, and setting forth details in regard thereto. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 4, Series of 2012 on second reading. BACKGROUND: The Town of Vail, in cooperation with the Vail Valley Medical Center and the Steadman Clinic, wishes to redevelop a portion of the Town's property located at 75 South Frontage Road. To do so, the ToV, VVMC and SC signed a memorandum of understanding, which in part, acknowledges the sale of a portion of Town property to VVMC and SC for$5 million. The purchase price was established based upon a value of use appraisal completed for the property. Pursuant to the terms of the purchase and sale agreement, the title to the property shall not occur until such time as a building permit for the new medical office building is ready for issuance and a construction loan guaranteeing the construction of the building is secured and ready for funding. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council approves Ordinance No. 4, Series of 2012 on second reading, as read. ATTACHMENTS: Ordinance No. 4, Series of 2012 4 ; -'01 ORDINANCE NO. 4 SERIES 2012 AN ORDINANCE AUTHORIZING THE SALE OF A PORTION OF THE REAL PROPERTY LOCATED AT 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO (THE TOWN HALL PROPERTY) TO VAIL MOB, LLC FOR THE PURCHASE PRICE OF $5 MILLION, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, the Town Council finds and determines that the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"), to Vail MOB, LLC, will enable beneficial redevelopment of the site to include private improvements and a new Town Hall; WHEREAS, currently the Property is owned by the Vail, Colorado, Municipal Building Authority (the "Authority"), a Colorado non-profit corporation; WHEREAS, the Authority was originally incorporated in 1970, and then again in 1985, with the purpose of financing the construction of Town facilities on the Property; WHEREAS, pursuant to Article III, Section 3 of the Authority's Articles of Incorporation, the Authority is authorized to convey real property to the Town once any outstanding debt on such real property is fully satisfied; WHEREAS, pursuant to Article XI of the Authority's Articles of Incorporation, all property of the Authority must be conveyed to the Town and to no other party; WHEREAS, in 1985, in accordance with Article III, Section 3 of its Articles of Incorporation, the Authority conveyed the other half of the real property located at 75 South Frontage Road, Vail, Colorado, to the Town, because the outstanding debt on such property had been fully satisfied; WHEREAS, similarly, all outstanding debt on the Property has been fully satisfied; WHEREAS, on or about March 22, 2012, the Authority conveyed the Property to the Town in accordance with Article III, Section 3 of its Articles of Incorporation; WHEREAS, the Town Council accepted such conveyance by Resolution No. 15, Series of 2012; 4 01-21 11 - i - i WHEREAS, the Town Council commissioned both a real estate appraisal of the portion of real property to be sold and a study to consider the economic impact on the Town of the redevelopment of the adjoining real property; WHEREAS, based on the real estate appraisal and the economic impact study, the Town Council finds and determines that the purchase price of $5 million for the purchase the Property is fair and equitable; WHEREAS, the Town Council finds and determines that the sale of the Property to Vail MOB, LLC for the purchase price of $5 million is in the best interest of the public health, safety and welfare; and WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, to Vail MOB, LLC, for the purchase price of $5 million, in accordance with the terms of a purchase and sale agreement to be negotiated by Town staff and thereafter approved by resolution of the Town Council. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 4/3/20 122 11 - 1 -2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of March, 2012 and a public hearing for second reading of this Ordinance set for the 3rd day of April, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andy Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of April, 2012. Andy Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk 4/3/20123 11 - I -3 -------F----- ----- -------A-------4%-------06------------- -1--- ------- ----- ---- ------ ------•----- -- Area to be sold + ' . . � r --------------------------- - EXHIBIT "A" PROPOSED SCHEMATIC VS. EXISTING ORDINANCE NO.4 , SERIES 01= 2012 1"1AFRCN 6, 2012 k k e i Town of Vail Council Members: This is in reference to the proposed development of the TOV municipal site. As proposed,this is not what is best for the TOV and it should not be pursued. Why? As presented,there are three major components—a new town hall,a parking structure and a medical facility. A new town hall and a parking structure, especially in that location,are not appropriate. The medical facility,as tendered, j probably should not be constructed—at that location. But,we really don't know this for sure,because we do not know what the long range plan is for VVMC I will address this subject later in this communication,but for now,Ws focus on what is best for the Town of Vail. The Toren of Vail should concentrate on: 1—Making available land and spate in the town limits that can be developed by the private sector that will generate the major source of revenue for the town,mainly sales tax and/or real estate transfer tax dollars. Presently,the apace occupies!by WMC and TOY do not do that. Therefore,the proposed plan is not a good idea. Z- A new TOV administration facility does not need to be in the central portion of the town.As is recognized these days,the town is quickly moving to ePlens, paperless operations,Council sessions`streaming',financial funds moving from varleus accounts by computer and/or similar devices,purchases of town products via email,payments of saw tax dollars by electronic devices and many similar operations,and seem to forms via Internet from other agencies to conduct the business of the town. This means that town employees'sit looking at computer screens'including the Council members during council meetings, Responses by town members and those doing business with the town don't really need to travel to the town hall to do business with the TOV. If the proposed new town of Vail facility is construeted,it could be obsolete the day it is open.There will be a few employees in large cavernous ofl1ces jest looking at computer sereens. That is basically what is evolving now. Many of these activities,and work functions,can be accomplished at remote locations,even while`working out'on a treadmill,biking,at home,on the snow mountain and/or similar whereabouts. A new town hall on valuable land is not the best application since it won't be used. In the private and public sector, there are an increasing number of executives,managers and other similar personnel that are operating there businesses utilizing one or more of the fantastic and increasing number of electric devices from home in pajamas and/or a remote vacation location. The proposed hall would be a very expensive,and not needed, location to hang art works and to have`coffee sessions'. Presently,in the current town facilities,there are spaces being'freed up'due to adoption and implementation of technological capabilities. Also,within the town limits of Vail,we are experiencing two facilities that are approaching`shell status'similar to what the TOY hall is. One is Sandstone school operating at approximately 50%of capacity- principally due to overbuilding by the school district and shifting population. The other is the U.S.Post Office which is rapidly approaching'shell status' primarily due to technological advances available and being utilized by its customers and by the post office incorporating technological capabilities in consolidated locations-- not necessarily in Vail. i f i i Z- 3 The parking structure,as proposed,should not be constructed,especially at this location. The TOV should focus on developing and implementing a transportation system that is appropriate,and necessary,to serve the townspeople and our guests for now as well as the future. It is archaic to bring more vehicles into the central portions of the town. Approximately twenty years ago,what Telluride and Mountain Village installed became the envy of most astute,progressive communities in other Colorado and Rocky Mountain locations. The princi k F 1 I i 3 So,whet should the TOY do? Let's review the principal objectives for the Town. 1—Adopt programs and projects that will increase and enhance the principal source of revenues-the lifcbdaod for the town—in the farm of sales tax dollars,real estate transfer taxes, property taxes and similar incomes. 2- Operate administration fecilitiesllocations that will enable:TOV to performs with utmost efficiency while projecting maximum fabulous experiences for residents, seasonal part time homeowners as weft as all nearby locals and all of our wonderful guests. 3—Develop,construct and implement a transportation system that not only meet the current needs,but serves the TOV and is compatible to the nearby communities, for many years into the futures_ Currently,TOV,ls performing with 1970's systems that have been altered to meet increased needs with`parking on frontage roads and Pocket pars sites',attempting to serve Golden Peak,Liunsheard and Village'drop offs'with increased and intolerable traffic loads with unsatisfactory results,and struggling to serve elevated demands by attendees at Bravo,International Dance, and softbaflAncrosse field activities. Presently,it is antiquated. 4- If it is decided that a world class 'health and wellness'operation will benefit the TOY,then have the center of the medical community(probably V VMC and associated entities) prepare and present a viable long range plan which includes the specific objectives and goals including the necessary facilitieWlocations to achieve those objectives. This should include what the advantages are and/or what will become so to TOV. Some of the'speculatione that are being tossed around currently,without responsible documentation,are suspect and not good enough. So,here are some of the program3/pro je cts to achieve these goals, This will take tremendous effort by TOV to develop extensive plans,timetables,programs and community commitments,but it can be achieved These are. 1 —`Free-up' and convert the current properties identified as the municipal site and the Vail VVMC facility(including to bank building). These would become available for development by private sector entities that will contribute income in the form of sales tax,transfer tax,property tame and other sunilar sources. i i 1 i i i 4- 2—For whatever administration facilities are needed,construct these at the present site of the public works operation.This land is not generating tax:dollars now so,it would not be a`tax loss'. With a staging plan overtime,this would include the relocation of the polie0js l facilities. Is it not to our advantage to have`holding facilities'and desks to prepare computerized'reports on space which could be utilized to generate income? With all administration facilities grouped together, greater operating efficiencies should be achieved. Access by those who need to do business,if it is a person as opposed by electronic device,would be quite convenient. This would be especially true when the newly implemented transportation system as described in the next paragraph Is installed. Refer to the descri I s P I 4 f 4—So,what about the medical facility? Assuming that a viable plan and program is developed and approved as described earlier in the letter,there will be a need to locate the facility in the town of Vail At this time,the best location is on the site known as`Timber Ridge'. This is presently a non-tax generator and it would remain that This would enable the project to be designed and constructed in the proper manner and to gain the goals as outlined in the unknown long range plan. This could incorporate a'housing component'since there is ample space for the along;with the medical facility. it could accommodate the heliport on the roof of the medical building with quick access to the elevator shaft which serves the operating rooms/medical services on the lower floors. It is not too practical to attempt to `shoehorn'the heliport onto a very,unpopular space on the present medical facility. Other medical related activities such as the unpopular one in the Gateway Building could be located in the new facility as well as all of the anticipated research operations and all other'be"and wtfttss'activities. A major endeavor? Probably'' But,it can be done if it is determined that it is important to TOV. Why are we even considering'shochorsing'a small portion of the future entity of'health and wellness'onto a very.limited and site restricted space at the current municipal location that would'not include any room for expansion in the future? If this is really significant to TOV then it is very important that it be done right. Let's not do it'half-hearted!' As mentioned previously in this letter,the post office facility might be available if there was anted for additional expansion. As soon as designed and approved,construction could start without delays long before 2825. Some associated issues: 1—The town doss not need another`community room'in a town owned facility. A quick review of the'Return on Investment'for the Donovan Pavilion and the utilization of the community room at the new Lionshead facility for yoga classes would be instructive.TOV should not be constructing a proposed'fourth floor'to rent offices to entities such as Bravo. TOV should encourage private sector facilities in town that generate tax dollars to provide those services. As we know,town owned facilities are rented to the Vail Roe District at Dobson,the tennis center,golf course and golf course clubhouse,but those are quasi-town relates operations. 2- Be careful to not allocate excessive concessions and funds to a selected activity such as medical facilities while not presenting equal accommodationstadvantages to the many other business entities in town—especially those that make strong contributions to the revenues of TOV. I want to applaud you all for the tremendous time and efforts that you contribute to TOV. It is appreciated,greatly. My Best, , Dick Neal (970)371x-6449 Wtu�►1 61B �1��i Idea . . . a "Medical & Safety" Zone : o Agreed-to MOB with skyway, o Police Department--stays as is o Helicopter Pad--ground or rooftop o Relocated in-town fire station . . . . . existing site leased/sold @mkt $ and/or ambulance facility--all with fast access to in-town/I-70 o Other, leased/sold Ca-) mkt $ o Then . . . .Admin complex on town land off North Frontage Road . . . . cheaper to build & maintain K� TOWN OF VA105 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 3, 2012 ITEM/TOPIC: Ever Vail - The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2012 be continued to the April 17, 2012, public hearing. 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) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the April 17, 2012 public hearing. 4 ; -'oi BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, on the preliminary plan for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5-0-2 (Viele and Cartin recused). Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5-0-2 (Viele and Cartin recused). Special Development District Amendment: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail Subdivision, by a vote of 4-0-2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12-10-19, Core Areas Identified, Vail Town Code, by a vote of 4-0-2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the April 17, 2012 public hearing. 4 ; -'oi