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2012-12-04 Agenda and Support Documentation Town Council Evening Session
VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 4:00 P.M., DECEMBER 4, 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: First reading of Ordinance No. 20, Series 2012, an Ordinance ssupplementing the 2012 Budget (15 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 20, Series 2012 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 20, Series 2012 2. ITEM/TOPIC: Second reading of Ordinance No. 17, Series 2012 Mil Levy Certification (5 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 17, Series 2012 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 17, Series 2012 3. ITEM/TOPIC: First Reading of Ordinance No. 23, Series of 2012, an Ordinance Approving a Franchise Agreement with Comcast of Colorado VI, LLC for the Provision of Cable Services in the Town of Vail. (30 min. ) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 23, Series of 2012, on first reading. BACKGROUND: On April 2, 2007 and again on December 20, 2010, the Town received from Comcast Colorado VI, LLC ("Comcast") an application for renewal of its franchise agreement with the Town. During negotiations of a new franchise agreement, the existing franchise agreement was extended several times and during that time the Town discovered performance and technical issues that necessitated resolution prior to the approval of a new franchise agreement. In July 2011, the Town and Comcast entered into a 12/4/2012 Compliance Agreement to resolve the performance and technical issues. By July 2012, the performance and technical issues were resolved and the Compliance Agreement was fully performed. Article 12 of the Vail Town Charter authorizes the Town Council to grant franchises for a term not to exceed twenty (20) years. The procedures for renewal of franchise agreements for the provision of cable services is set forth in Chapter 5 of Title 8 of the Vail Town Code. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 23, Series of 2012, on first reading. 4. ITEM/TOPIC: Council Dinner Break (70 min.) 5. ITEM/TOPIC: Presentation of an award recognizing the Town of Vail for adopting the 2012 International Building Codes. (5 minutes) PRESENTER(S): Dave Nichols, Regional Manager, International Code Council and Martin Haeberle, Chief Building Official ACTION REQUESTED OF COUNCIL: Listen to the presentation and accept the award on behalf of the Town. BACKGROUND: On October 18, 2012, the Vail Town Council adopted the 2012 International Building Codes. In appreciation of adopting the most current building codes the International Code Council is presenting an award to the Town of Vail. STAFF RECOMMENDATION: Accept the award on behalf of the Town of Vail. 6. ITEM/TOPIC: ECO Trails Committee voted at their last meeting to award Town of Vail as a Trail Supporter of the Year. (5 min. ) PRESENTER(S): Ellie Caryl 7. ITEM/TOPIC: Recognition of Dan Torgerson and Mark Walter (5 min.) PRESENTER(S): Dwight Henninger and Mark Miller 8. ITEM/TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public 9. ITEM/TOPIC: Consent Agenda: 1) Approval of November 6 and 20 Meeting Minutes (5 min.) PRESENTER(S): Various 10. ITEM/TOPIC: Town Manager Report (5 min) PRESENTER(S): Various 11. ITEM/TOPIC: Second reading of Ordinance No. 16, Series 2012, 2013 Town of Vail Budget (45 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with 12/4/2012 amendments Ordinance No. 16, Series 2012 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 16, Series 2012 12. ITEM/TOPIC: The Community Development Department will present the four (4) Ever Vail development applications before the Vail Town Council and request action be taken on Resolution No. 35, Series of 2012 and Ordinance Nos. 7, 8 and 9, Series of 2011. The four (4) applications are intended to facilitate the future redevelopment of Ever Vail. Major Subdivision (Resolution No. 35, Series of 2012): A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13- 3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Rezoning (Ordinance No. 7, Series of 2011): A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right-of- way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011): A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivision, 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) (90 min.) PRESENTER(S): George Ruther Warren Campbell Kendra Carberry ACTION REQUESTED OF COUNCIL: The Planning and Environmental Commission recommends the Vail Town Council approve Resolution No. 35, Series of 2012 and approve Ordinance Nos. 7, 8, and 9, Series of 2011 upon first reading. 12/4/2012 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 Planning and Environmental Commission recommends the Vail Town Council approves Resolution No. 35, Series of 2012 and the first reading of Ordinance Nos. 7, 8, and 9, Series of 2011. 13. ITEM/TOPIC: Adjournment (8:55 p.m.) 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: First reading of Ordinance No. 20, Series 2012, an Ordinance ssupplementing the 2012 Budget PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 20, Series 2012 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 20, Series 2012 ATTACHMENTS: 3rd Supp 12/4/2012 TO: Vail Town Council FROM: Finance Department DATE: November 28, 2012 SUBJECT: 2012 Budget Amendment – Ordinance No. 20, Series 2012 I. SUMMARY Staff is requesting approval of Ordinance No. 20 upon first reading, the third budget supplemental appropriation this year. II. DISCUSSION Across all funds, this supplemental request will adjust the budget to reflect $732,060 of additional revenue and proposes an increase of $855,735 to expenditures. The fund statements are also attached. General Fund Budgeted revenue has been increased by a total of $138,900. This includes adjustments to revenue relate to reimbursements directly offset by corresponding expenditures: $76,900 reimbursement for wildfire deployments; $30,000 reimbursement from Vail Resorts Development Company relating to the EverVail project legal and consulting fees; $30,000 for police services contracted and paid for by special event producers; and a $2,000 donation to the Library renovation. An overall expenditure increase of $206,075 is requested, with a majority ($138,900) relating to the reimbursements mentioned above. Other expenditure adjustments include an increase to legal fees of $35,000, a recent assessment on the town’s unit at Vail Village Inn of $15,300, $8,875 bank charges relating to credit card fees from building permits and $8,000 for additional hours of operation in the information booths. Total adjustments to the General Fund result in net expenditure of $67,175. Capital Projects Fund Budgeted revenue has been increased by a total of $571,500. This includes an increase to Construction Use Tax ($200,000) based on actual collections year-to-date. Federal grant revenue was increased to reflect approval from the Federal Transit Authority to use $356,000 of leftover Transit Center grant dollars toward buses purchased earlier this year. Expenditures have been adjusted overall by an increase of $628,000, made up of both increases and decreases. 12/4/2012 Town of Vail Page 2 When the bids were awarded for both the Matterhorn Bridge project and the frontage road widening (for CDOT-required parking), Council approved increases of $100,000 and $396,000, respectively. The frontage road expenditures will be covered by traffic impact fees collected from developers in previous years. As the projects began, they both encountered significant unforeseen issues. Specifically, the Matterhorn Bridge project discovered soil conditions worse than predicted by the soils testing performed which required an increase in the depth of foundation piles costing an additional $100,000. There were also numerous utility conflicts and delays costing $60,000. The additional $160,000 requested for the Matterhorn Bridge can be covered with savings in the Capital Street Maintenance account. The widening of the frontage road also encountered unforeseen issues with significantly poor subgrade conditions which required roadway stabilization at an additional cost of $130,000. This cost overrun can be reimbursed from the Vail Reinvestment Authority’s current budget due to savings on the Lionshead Portal projects. With recent developments in the municipal site project, staff proposes moving forward with the completion of two employee housing units (EHUs) at the Main Vail Fire Station during the ongoing renovation. This cost is only an estimate at $150,000 and would be funded with Buy Down program dollars already designated in the budget. There would be no net increase to the Capital Projects Fund expenditures. Unexpected costs in both the Library and Creekside housing unit renovations will require additional project funds, however the Library will be reimbursed by the Vail Reinvestment Authority using unspent funds from other VRA projects and the Creekside project costs ($15,800) will be covered by unspent funds in the Facility Capital Maintenance account. Staff is still finalizing estimated costs for the Library and will be contingent upon disputed claims. Total adjustments to the Capital Projects Fund result in net expenditure of $56,500. Real Estate Transfer Tax (RETT) Revenue has been increased by $21,660 which is a reimbursement from Eagle County for corresponding expenditures for the recycling hauling program. There is no net impact to the RETT Fund. 12/4/2012 20 1 2 20 1 2 Or i g i n a l 1 s t 2 0 1 2 2 n d 2 0 1 2 3 r d P r o p o s e d Bu d g e t S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d C o m m e n t s Re v e n u e Lo c a l T a x e s : 1 7 , 8 0 0 , 0 0 0 $ - $ 1 7 , 8 0 0 , 0 0 0 $ 1 , 1 0 0 , 0 0 0 $ 1 8 , 9 0 0 , 0 0 0 $ 1 8 , 9 0 0 , 0 0 0 $ S a l e s T a x S p l i t b / t G e n ' l F u n d & C a p i t a l F u n d 61 / 3 9 6 1 / 3 9 6 1 / 3 9 6 1 / 3 9 S a l e s T a x 1 0 , 8 5 9 , 0 0 0 $ - $ 1 0 , 8 5 9 , 0 0 0 $ 6 7 1 , 0 0 0 $ 1 1 , 5 3 0 , 0 0 0 $ 1 1 , 5 3 0 , 0 0 0 $ P r o p e r t y a n d O w n e r s h i p 4 , 2 3 2 , 0 0 0 - 4 , 2 3 2 , 0 0 0 - 4 , 2 3 2 , 0 0 0 4 , 2 3 2 , 0 0 0 S k i L i f t T a x 3 , 4 9 2 , 0 0 0 - 3 , 4 9 2 , 0 0 0 - 3 , 4 9 2 , 0 0 0 3 , 4 9 2 , 0 0 0 F r a n c h i s e F e e s , P e n a l t i e s , a n d O t h e r T a x e s 1 , 1 1 2 , 7 5 3 - 1 , 1 1 2 , 7 5 3 ( 7 5 , 0 0 0 ) 1 , 0 3 7 , 7 5 3 1 , 0 3 7 , 7 5 3 Li c e n s e s & P e r m i t s 95 5 , 0 0 0 - 9 5 5 , 0 0 0 2 0 0 , 0 0 0 1 , 1 5 5 , 0 0 0 1 , 1 5 5 , 0 0 0 In t e r g o v e r n m e n t a l R e v e n u e 1, 9 1 1 , 2 5 0 - 1 , 9 1 1 , 2 5 0 - 1 , 9 1 1 , 2 5 0 7 6 , 9 0 0 1 , 9 8 8 , 1 5 0 Wi l d l a n d d e p l o y m e n t r e i m b u r s e m e n t Tr a n s p o r t a t i o n C e n t e r s 4 , 4 2 5 , 0 0 0 - 4 , 4 2 5 , 0 0 0 ( 5 8 6 , 0 0 0 ) 3 , 8 3 9 , 0 0 0 3 , 8 3 9 , 0 0 0 Ch a r g e s f o r S e r v i c e s 7 7 4 , 8 5 0 - 77 4 , 8 5 0 24 , 7 4 6 79 9 , 5 9 6 3 0 , 0 0 0 8 2 9 , 5 9 6 Po l i c e c o n t r a c t o v e r t i m e Fi n e s & F o r f e i t u r e s 3 2 5 , 0 0 0 - 3 2 5 , 0 0 0 - 3 2 5 , 0 0 0 3 2 5 , 0 0 0 Ea r n i n g s o n I n v e s t m e n t s 1 1 6 , 9 0 0 - 1 1 6 , 9 0 0 - 1 1 6 , 9 0 0 1 1 6 , 9 0 0 Re n t a l R e v e n u e 8 6 9 , 8 1 6 - 8 6 9 , 8 1 6 6 0 , 0 0 0 9 2 9 , 8 1 6 9 2 9 , 8 1 6 Mi s c e l l a n e o u s a n d P r o j e c t R e i m b u r s e m e n t s 2 0 7 , 0 0 0 2 5 , 0 0 0 2 3 2 , 0 0 0 7 0 , 0 0 0 3 0 2 , 0 0 0 3 2 , 0 0 0 3 3 4 , 0 0 0 Ev e r V a i l l e g a l f e e r e i m b u r s e m e n t $ 3 0 K ; L i b r a r y d o n a t i o n $ 2 K To t a l R e v e n u e 2 9 , 2 8 0 , 5 6 9 2 5 , 0 0 0 2 9 , 3 0 5 , 5 6 9 3 6 4 , 7 4 6 2 9 , 6 7 0 , 3 1 5 1 3 8 , 9 0 0 2 9 , 8 0 9 , 2 1 5 Ex p e n d i t u r e s Sa l a r i e s 1 3 , 6 7 9 , 2 2 2 1 6 , 5 0 0 1 3 , 6 9 5 , 7 2 2 3 0 , 6 4 9 1 3 , 7 2 6 , 3 7 1 1 0 6 , 9 0 0 1 3 , 8 3 3 , 2 7 1 $7 6 . 9 K W i l d l a n d d e p l o y m e n t ; $ 3 0 K P o l i c e c o n t r a c t o v e r t i m e (r e i m b u r s m e n t s a b o v e ) Be n e f i t s 4 , 5 9 7 , 1 3 1 - 4 , 5 9 7 , 1 3 1 3 , 2 6 5 4 , 6 0 0 , 3 9 6 4 , 6 0 0 , 3 9 6 Su b t o t a l C o m p e n s a t i o n a n d B e n e f i t s 1 8 , 2 7 6 , 3 5 3 1 6 , 5 0 0 1 8 , 2 9 2 , 8 5 3 3 3 , 9 1 4 1 8 , 3 2 6 , 7 6 7 1 0 6 , 9 0 0 1 8 , 4 3 3 , 6 6 7 Co n t r i b u t i o n s a n d S p e c i a l E v e n t s 1 , 3 8 3 , 3 1 8 1 0 5 , 0 0 0 1 , 4 8 8 , 3 1 8 4 4 , 9 0 0 1 , 5 3 3 , 2 1 8 8 , 0 0 0 1 , 5 4 1 , 2 1 8 Ad d i t i o n a l w i n t e r h o u r s f o r i n f o r m a t i o n b o o t h s Al l O t h e r O p e r a t i n g E x p e n s e s 6 , 2 2 2 , 7 7 6 1 4 2 , 4 5 0 6 , 3 6 5 , 2 2 6 1 7 0 , 8 5 0 6 , 5 3 6 , 0 7 6 8 9 , 1 7 5 6 , 6 2 5 , 2 5 1 $6 5 K l e g a l f e e s ( $ 3 0 K r e i m b u r s e d a b o v e ) ; $ 1 5 . 3 K V V I a s s e s s m e n t ; $8 , 8 7 5 b a n k c h a r g e s f o r c r e d i t c a r d u s a g e He a v y E q u i p m e n t O p e r a t i n g C h a r g e s 2 , 2 5 3 , 3 0 4 - 2 , 2 5 3 , 3 0 4 2 5 , 0 0 0 2 , 2 7 8 , 3 0 4 2 , 2 7 8 , 3 0 4 He a v y E q u i p m e n t R e p l a c e m e n t C h a r g e s 5 4 7 , 0 0 8 - 5 4 7 , 0 0 8 - 5 4 7 , 0 0 8 5 4 7 , 0 0 8 Di s p a t c h S e r v i c e s 5 7 5 , 7 0 6 - 5 7 5 , 7 0 6 - 5 7 5 , 7 0 6 5 7 5 , 7 0 6 To t a l E x p e n d i t u r e s 29 , 2 5 8 , 4 6 5 2 6 3 , 9 5 0 2 9 , 5 2 2 , 4 1 5 2 7 4 , 6 6 4 2 9 , 7 9 7 , 0 7 9 2 0 4 , 0 7 5 3 0 , 0 0 1 , 1 5 4 Re v e n u e O v e r ( U n d e r ) E x p e n d i t u r e s 2 2 , 1 0 4 ( 2 3 8 , 9 5 0 ) ( 2 1 6 , 8 4 6 ) 9 0 , 0 8 2 ( 1 2 6 , 7 6 4 ) ( 6 5 , 1 7 5 ) ( 1 9 1 , 9 3 9 ) Tr a n s f e r t o C a p i t a l P r o j e c t s F u n d - - - (5 0 , 0 0 0 ) (5 0 , 0 0 0 ) ( 2 , 0 0 0 ) ( 5 2 , 0 0 0 ) Ad d i t i o n a l l i b r a r y d o n a t i o n t o b e u s e d f o r r e n o v a t i o n p r o j e c t 20 1 5 W o r l d A l p i n e S k i C h a m p i o n s h i p s (2 5 0 , 0 0 0 ) - (2 5 0 , 0 0 0 ) - (2 5 0 , 0 0 0 ) ( 2 5 0 , 0 0 0 ) Pr o - c y c l i n g e v e n t (7 5 , 0 0 0 ) 75 , 0 0 0 - - - - 20 1 5 N a t i o n ' s E v e n t (3 7 5 , 0 0 0 ) - (3 7 5 , 0 0 0 ) - (3 7 5 , 0 0 0 ) ( 3 7 5 , 0 0 0 ) Va i l ' s 5 0 t h A n n i v e r s a r y (2 5 0 , 0 0 0 ) - (2 5 0 , 0 0 0 ) (1 0 0 , 0 0 0 ) (3 5 0 , 0 0 0 ) ( 3 5 0 , 0 0 0 ) To t a l E x p e n d i t u r e s 30 , 2 0 8 , 4 6 5 1 8 8 , 9 5 0 3 0 , 3 9 7 , 4 1 5 4 2 4 , 6 6 4 3 0 , 8 2 2 , 0 7 9 2 0 6 , 0 7 5 3 1 , 0 2 8 , 1 5 4 Su r p l u s N e t o f T r a n s f e r s & N e w P r o g r a m s ( 9 2 7 , 8 9 6 ) ( 1 , 0 9 1 , 8 4 6 ) ( 1 , 1 5 1 , 7 6 4 ) ( 1 , 2 1 8 , 9 3 9 ) Be g i n n i n g F u n d B a l a n c e 2 1 , 6 4 5 , 2 2 4 1 , 9 0 1 , 0 6 1 2 3 , 5 4 6 , 2 8 5 - 2 3 , 5 4 6 , 2 8 5 2 3 , 5 4 6 , 2 8 5 En d i n g F u n d B a l a n c e 2 0 , 7 1 7 , 3 2 8 $ 2 2 , 4 5 4 , 4 3 9 $ 2 2 , 3 9 4 , 5 2 1 $ 2 2 , 3 2 7 , 3 4 6 $ EH O P b a l a n c e i n c l u d e d i n e n d i n g f u n d b a l a n c e - no t s p e n d a b l e 69 0 , 0 0 0 $ 6 9 0 , 0 0 0 $ 6 9 0 , 0 0 0 $ 6 9 0 , 0 0 0 $ TO W N O F V A I L 2 0 1 2 B U D G E T SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S A N D C H A N G E S I N F U N D B A L A N C E GE N E R A L F U N D - 3 - 12/4/2012 20 1 2 20 1 2 Or i g i n a l 1 s t 2 0 1 2 2 n d 2 0 1 2 3 r d P r o p o s e d Bu d g e t S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d P r o j e c t I n f o r m a t i o n To t a l S a l e s T a x R e v e n u e : 1 7 , 8 0 0 , 0 0 0 $ - $ 1 7 , 8 0 0 , 0 0 0 $ 1 , 1 0 0 , 0 0 0 $ 1 8 , 9 0 0 , 0 0 0 $ - $ 1 8 , 9 0 0 , 0 0 0 $ S a l e s T a x S p l i t b e t w e e n G e n e r a l F u n d & Ca p i t a l F u n d 61 / 3 9 6 1 / 3 9 6 1 / 3 9 6 1 / 3 9 6 1 / 3 9 Sa l e s T a x - C a p i t a l P r o j e c t s F u n d 6 , 9 4 1 , 0 0 0 $ - $ 6 , 9 4 1 , 0 0 0 $ 4 2 9 , 0 0 0 $ 7 , 3 7 0 , 0 0 0 $ - $ 7 , 3 7 0 , 0 0 0 $ Us e T a x 5 1 5 , 0 0 0 - 5 1 5 , 0 0 0 4 8 5 , 0 0 0 1 , 0 0 0 , 0 0 0 2 0 0 , 0 0 0 1 , 2 0 0 , 0 0 0 Fe d e r a l G r a n t R e v e n u e - 8 2 8 , 0 0 0 8 2 8 , 0 0 0 - 8 2 8 , 0 0 0 3 5 6 , 0 0 0 1 , 1 8 4 , 0 0 0 2 0 1 2 : $ 8 2 8 K f o r b r i d g e r e c o n s t r u c t i o n ; $ 3 5 6 K f o r b u s e s p u r c h a s e d e a r l i e r t h i s y e a r Le a s e R e v e n u e 1 8 8 , 1 6 0 - 1 8 8 , 1 6 0 - 1 8 8 , 1 6 0 - 1 8 8 , 1 6 0 P e r V a i l C o m m o n s c o m m e r c i a l a n d r e s i d e n t i a l l e a s e s Em p l o y e e H o u s i n g F e e - I n - L i e u - 7 0 , 0 0 0 7 0 , 0 0 0 7 0 , 0 0 0 7 0 , 0 0 0 R e c o g n i z e Y T D c o l l e c t i o n s Pr o j e c t R e i m b u r s e m e n t - 1 7 4 , 4 3 5 1 7 4 , 4 3 5 1 7 4 , 4 3 5 - 1 7 4 , 4 3 5 20 1 2 : $ 1 1 1 K s h a r e d c o s t s f o r I - 7 0 N o i s e p r o j e c t s ( h o m e o w n e r s $ 8 K , C D O T $ 9 3 K a n d E R W S D $ 1 0 K ) ; $2 8 , 7 8 3 e n e r g y r e b a t e s ; $ 3 4 , 6 5 2 r e i m b f r o m V R D f o r t e n a n t finishes in Welcome Center office space Ea r n i n g s o n I n v e s t m e n t s a n d O t h e r 6 7 , 5 0 0 - 6 7 , 5 0 0 - 6 7 , 5 0 0 1 3 , 5 0 0 8 1 , 0 0 0 Re c o g n i z e u s e o f T r a f f i c I m p a c t F e e To t a l R e v e n u e 7 , 7 1 1 , 6 6 0 1 , 0 7 2 , 4 3 5 8 , 7 8 4 , 0 9 5 9 1 4 , 0 0 0 9 , 6 9 8 , 0 9 5 5 6 9 , 5 0 0 1 0 , 2 6 7 , 5 9 5 Ma i n t a i n T o w n A s s e t s Bu s S h e l t e r s 3 0 , 0 0 0 - 3 0 , 0 0 0 - 3 0 , 0 0 0 - 3 0 , 0 0 0 A n n u a l m a i n t e n a n c e ; N e w s h e l t e r a t S i m b a R u n Pa r k i n g S t r u c t u r e s 6 4 0 , 0 0 0 - 6 4 0 , 0 0 0 3 0 , 0 0 0 6 7 0 , 0 0 0 - 6 7 0 , 0 0 0 $3 0 K f o r m o v e a b l e g a t e n e a r s k i e r d r o p o f f i n L H ; Va r i o u s r e p a i r s i n c l u d i n g d e c k t o p p i n g r e p l a c e m e n t , ex p a n s i o n j o i n t r e p a i r s , v e n t i l a t i o n , H V A C , p l u m b i n g and other structural repairs; Since 2010 there is an of f s e t f r o m V R A ( s e e t r a n s f e r n e a r b o t t o m o f s h e e t ) ; S t a r t i n g i n 2 0 1 2 t h e r e a r e e s t i m a t e d e n e r g y s a v i n g s of $ 5 0 K p e r y e a r Fa c i l i t i e s C a p i t a l M a i n t en a n c e 8 1 5 , 0 0 0 1 2 9 , 7 9 9 9 4 4 , 7 9 9 ( 3 0 , 0 0 0 ) 9 1 4 , 7 9 9 ( 1 5 , 8 0 0 ) 8 9 8 , 9 9 9 Tr a n s f e r $ 1 5 . 8 K t o C r e e k s i d e H o u s i n g u n i t r e n o v a t i o n s ; Re-appropriate $129K to continue re p l a c e m e n t o f B u s B a r n g a r a g e d o o r s ; 2 0 1 2 : $ 1 5 2 K a i r h a n d l i n g u n i t f o r M u n i c i p a l b l d g ; $ 8 3 K r e p a i r s t o wo o d s i d i n g , $ 5 0 K P W s h o p g a r a g e d o o r s a n d $ 1 8 K e x h a u s t s y s t e m a t P W S h o p s ; $ 7 5 K s n o w m e l t bo i l e r s y s t e m r e p a i r s ; $ 3 8 K f o r T r a n s i t o f f i c e f l o o r s a n d w a l l s ; $ 3 0 K f o r L i b r a r y w o o d s i d i n g a n d w i n d o w re p a i r s ; S o m e e n e r g y s a v i n g s $ 2 5 K p e r y e a r f o r 2 0 1 2 a n d 2 0 1 3 Go r e R a n g e C o n d o U n i t s 2 E , 2 W & 3 W - - - 3 0 , 0 0 0 3 0 , 0 0 0 - 3 0 , 0 0 0 Go r e R a n g e T o w n h o m e s s p e c i a l a s s e s s m e n t f o r e x t e r i o r i m p r o v e m e n t s s u c h a s s t a i r w a y s a n d d e c k s ( 3 un i t s , $ 1 0 K e a c h ) Cr e e k s i d e H o u s i n g I m p r o v e m e n t s 3 8 5 , 0 0 0 - 3 8 5 , 0 0 0 - 3 8 5 , 0 0 0 1 5 , 8 0 0 4 0 0 , 8 0 0 Ne e d t o g u t p l u m b i n g ; e l e c t r i c a l w i r i n g ; r o o f i n g , et c . ; a s b e s t o s a n d m o l d r e m e d i a t i o n ; 4 u n i t s w e r e co m p l e t e d i n 2 0 1 0 ; 4 i n 2 0 1 1 ; c o m p l e t e r e m a i n i n g 4 u n i t s i n 2 0 1 2 a n d r e p l a c e e x t e r i o r s i d i n g , s t a i r s a n d de c k s Do n o v a n P a r k P a v il i o n 5 0 , 0 0 0 - 5 0 , 0 0 0 - 5 0 , 0 0 0 - 5 0 , 0 0 0 20 1 2 : $ 5 0 K f u r n i t u r e r e p l a c e m e n t ; 2 0 1 4 : $ 4 0 0 K t o c h a n g e v e n t i l a t i o n & i m p r o v e n o i s e a n d $ 2 7 0 K t o re p l a c e h e a t i n g / a i r s y s t e m ; 2 0 1 6 $ 5 0 K f u r n i t u r e r e p l a c e m e n t St r e e t L i g h t I m p r o v e m e n t s 5 0 , 0 0 0 - 5 0 , 0 0 0 - 5 0 , 0 0 0 - 5 0 , 0 0 0 N e w s t r e e t l i g h t s a n d t o r e f u r b i s h r e s i d e n t i a l l i g h t i n g Ca p i t a l S t r e e t M a i n t e n a n c e 1 , 0 0 0 , 0 7 8 - 1 , 0 0 0 , 0 7 8 - 1 , 0 0 0 , 0 7 8 ( 1 6 0 , 0 0 0 ) 8 4 0 , 0 7 8 $1 6 0 K t r a n s f e r t o M a t t e r h o r n B r i d g e p r o j e c t ; O n - g o i n g m a i n t e n a n c e t o r o a d s a n d b r i d g e s i n c l u d i n g as p h a l t o v e r l a y s , p a t c h i n g a n d r e p a i r s ; 2 0 1 2 - 2 0 1 4 w e r e previously updated for recent bid prices (s a v i n g s o f $ 9 2 5 K ) ; A s s u m e s t h a t w e d o n o t s e e a dr a m a t i c i n c r e a s e f r o m c u r r e n t p r i c e s a n d t h a t re c o n s t r u c t i o n o f n e i g h b o r h o o d r o a d s a n d b r i d g e s o c c u r s (without reconstruction, maintenance costs will in c r e a s e ) Re l o c a t i o n o f R e c y c l i n g C e n t e r - - - 1 4 0 , 0 0 0 1 4 0 , 0 0 0 - 1 4 0 , 0 0 0 Re l o c a t i o n o f r e c y c l i n g c e n t e r c u r r e n t l y a t C o m m u n i t y D e v e l o p m e n t p a r k i n g a r e a ; T h i s p r o j e c t w i l l b e co m p l e t e d p r i o r t o t h e m u n i c i p a l s i t e r e d e v e l o p m e n t Fl o o d i n c i d e n t r e p a i r s - 3 4 9 , 1 9 2 3 4 9 , 1 9 2 - 3 4 9 , 1 9 2 - 3 4 9 , 1 9 2 Re l a t i n g t o f l o o d r e p a i r s : R e c o n s t r u c t a p o r t i o n o f R o c k l e d g e d r a i n a g e i m p r o v e m e n t s , B i g H o r n C r e e k cu l v e r t r e p a i r / r e p l a c e m e n t a t C o l u m b i n e a n d S p r u c e W a y , B o o t h C r e e k i m p r o v e m e n t s t o m i t i g a t e f u t u r e fl o o d i n g o f c u l v e r t s , t e n n i s c o u r t s a n d p l a y g r o u n d s . Fi r e T r u c k R e p l a c e m e n t 5 9 0 , 0 0 0 - 5 9 0 , 0 0 0 - 5 9 0 , 0 0 0 - 5 9 0 , 0 0 0 2 0 1 2 r e p l a c e p u m p e r t r u c k fr o m 1 9 9 4 ; 2 0 1 4 r e p l a c e p u m p e r t r u c k f r o m 1 9 9 9 To w n - w i d e c a m e r a s y s t e m 1 2 , 0 0 0 - 1 2 , 0 0 0 - 1 2 , 0 0 0 - 1 2 , 0 0 0 $1 2 K p e r y e a r f o r r e p l a c e m e n t o f c a m e r a s a n d r e c o rd e r s ( 4 9 c a m e r a s a n d 3 r e corders around town so fa r ; w i l l b e ad d i n g f o r T r a n s i t a n d W e l c o m e C e n t e r s ) ; R e c o r ders cost $7-8K each; cameras range from $8 0 0 - $ 3 8 0 0 e a c h Do c u m e n t I m a g i n g 3 0 , 0 0 0 7 5 , 0 0 0 1 0 5 , 0 0 0 - 1 0 5 , 0 0 0 - 1 0 5 , 0 0 0 Su p p l e m e n t f o r c o n t i n u a t i o n o f h i s t o r i c a l s c a n n i n g (o u t s i d e v e n d o r ) ; 2 0 1 2 : P u r c h a s e o f s t o r a g e d e v i c e s ($ 2 0 K ) r e m a i n d e r f o r i n c r e a s e d s c a n n i n g a n d s t o r a g e i n preparation for the municipal relocation/move (F i n a n c e , C o m m D e v ) So f t w a r e L i c e n s i n g 4 0 , 0 0 0 - 4 0 , 0 0 0 - 4 0 , 0 0 0 - 4 0 , 0 0 0 A n n u a l r e n e w a l o f s o f t w a r e l i c e n s e s Ha r d w a r e P u r c h a s e s 4 8 , 0 0 0 4 6 , 0 0 0 9 4 , 0 0 0 - 9 4 , 0 0 0 - 9 4 , 0 0 0 Up g r a d e M i c r o s o f t p r o d u c t s o n a l l e q u i p m e n t ; r e n e w licenses in future; Costs have increased from ve n d o r s ; 2 0 1 2 a d d i t i o n : $ 1 6 K I p a d s p u r c h a s e d f o r b o a r d s ; $30K relating to accelerated projects due to mo v e , m a i n l y r e l a t e d t o t h e t o w n ' s r e m o t e d e s k t o p s e r v e r , o r R D S Da t a C e n t e r ( C o m p u t e r R o o m s ) 1 5 , 0 0 0 - 1 5 , 0 0 0 - 1 5 , 0 0 0 - 1 5 , 0 0 0 B a s e d o n a n n u a l r e p l a c e m e n t s c h e d u l e o f s e c u r i t y a n d p o w e r s y s t e m s f o r 3 c o m p u t e r r o o m s We b s i t e a n d e - c o m m e r c e 2 9 , 0 0 0 3 2 , 7 0 0 6 1 , 7 0 0 - 6 1 , 7 0 0 - 6 1 , 7 0 0 R e - a p p r o p r i a t e t o c o n t i n u e w e b s i t e r e d e v e l o p m e n t ; I n t e r n e t s e c u r i t y & a p p l i c a t i o n i n t e r f a c e s Co m m D e v A r c G I S S y s t e m - - - - - - - W e b a c c e s s t o t o w n G I S i n f o r m a t i o n ( s i m i l a r t o C o u n t y ' s w e b s i t e G I S p r o d u c t ) Fi b e r O p t i c s i n B u i l d i n g s 2 3 , 0 0 0 - 2 3 , 0 0 0 - 2 3 , 0 0 0 - 2 3 , 0 0 0 C a b l i n g / N e t w o r k I n fr a s t r u c t u r e ; t o r e p a i r , m a i n t a i n & u p g r a d e Ne t w o r k u p g r a d e s 3 5 , 0 0 0 - 3 5 , 0 0 0 - 3 5 , 0 0 0 - 3 5 , 0 0 0 C o m p u t e r n e t w o r k s y s t e m s - r e p l a c e m e n t c y c l e e v e r y 3 - 5 y e a r s TO W N O F V A I L 2 0 1 2 B U D G E T CA P I T A L P R O J E C T S F U N D SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S A N D C H A N G E S I N F U N D B A L A N C E - 4 - 12/4/2012 20 1 2 20 1 2 Or i g i n a l 1 s t 2 0 1 2 2 n d 2 0 1 2 3 r d P r o p o s e d Bu d g e t S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d P r o j e c t I n f o r m a t i o n TO W N O F V A I L 2 0 1 2 B U D G E T CA P I T A L P R O J E C T S F U N D SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S A N D C H A N G E S I N F U N D B A L A N C E Ph o n e S y s t e m I n f r a s t r u c t u r e 3 5 , 0 0 0 - 3 5 , 0 0 0 - 3 5 , 0 0 0 - 3 5 , 0 0 0 Re p l a c e i n f r a s t r u c t u r e f o r 1 5 - y e a r o l d p h o n e s y s t e m ; Full cost to replace the phone system currently on un f u n d e d l i s t u n t i l M u n i c i p a l s i t e r e d e v e l o p m e n t d e c i s i o n Pu b l i c S a f e t y S y s t e m 5 9 , 0 0 0 - 5 9 , 0 0 0 - 5 9 , 0 0 0 - 5 9 , 0 0 0 An n u a l c a p i t a l m a i n t e n a n c e o f " C o u n t y - w i d e " C o m p u t er Aided Dispatch/Records Mgmt System" ; in c l u d e s p a t r o l c a r a n d f i r e t r u c k l a p t o p s a n d s o f t w a r e u s e d t o p u s h i n f o r m a t i o n t o T O V a n d o t h e r ag e n c i e s ; T O V p o r t i o n o f I n t e r g r a p h s o f t w a r e m a i n t e n a n c e Bu s i n e s s S y s t e m s R e p l a c e m e n t 1 7 5 , 0 0 0 2 2 5 , 0 0 0 4 0 0 , 0 0 0 - 4 0 0 , 0 0 0 - 4 0 0 , 0 0 0 Re p l a c e 1 5 - y e a r o l d f i n a n c i a l s y s t e m ; c o n t i n u e d su p p o r t t o c u r r e n t s y s t e m q u e s t i o n a b l e ; b e t t e r te c h n o l o g y ; $ 1 7 K f o r C o m m D e v P e r m i t s y s t e m u p d a t e Ra d i o T o w e r ( V a i l R 5 6 ) - 3 0 , 0 0 0 3 0 , 0 0 0 3 0 , 0 0 0 6 0 , 0 0 0 - 6 0 , 0 0 0 To w n ' s p o r t i o n o f w i r e l e s s c o m m u n i c a t i o n e q u i p m e n t u p g r a d e - R a d i o t o w e r w ill be replaced and lo c a t i o n m o v e d f r o m o u t s i d e o f C o u n c i l c h a m b e r s t o o u t s i de of Dispatch center; Offset by Dispatch $10K be l o w In t e r g r a p h s o f t w a r e u p g r a d e - 8 0 , 0 0 0 8 0 , 0 0 0 - 8 0 , 0 0 0 - 8 0 , 0 0 0 Re - a p p r o p r i a t e f o r T O V p o r t i o n o f u p g r a d e t o c o m p u t e r - a i d e d d i s p a t c h s y s t e m - p r o j e c t s c h e d u l e d f o r Fa l l ' 1 2 Po l i c e b r e a t h a l i z e r r e p l a c e m e n t 1 0 , 0 0 0 - 1 0 , 0 0 0 - 1 0 , 0 0 0 - 1 0 , 0 0 0 S t a t e m a n d a t e d r e p l a c e m e n t o f 1 3 - y r o l d e q u i p m e n t ; m a y e v e n t u a l l y b e o f f s e t w i t h g r a n t r e v e n u e Po l i c e r i f l e r e p l a c e m e n t 2 1 , 2 5 0 - 2 1 , 2 5 0 - 2 1 , 2 5 0 - 2 1 , 2 5 0 R e p l a c e m e n t o f 2 1 - y e a r o l d r i f l e s ( 1 7 u n i t s ) To t a l M a i n t e n a n c e 4 , 0 9 2 , 3 2 8 9 6 7 , 6 9 1 5 , 0 6 0 , 0 1 9 2 0 0 , 0 0 0 5 , 2 6 0 , 0 1 9 ( 1 6 0 , 0 0 0 ) 5 , 1 0 0 , 0 1 9 En h a n c e m e n t o f T o w n A s s e t s CD O T R e q u i r e d P a r k i n g 6 3 0 , 0 0 0 - 6 3 0 , 0 0 0 - 6 3 0 , 0 0 0 5 2 6 , 0 0 0 1 , 1 5 6 , 0 0 0 20 1 2 : L i o n s H e a d a n d g u a r d r a i l i n W e s t V a i l o n N . F t g R d ; Increase of $396K based on Council ap p r o v a l o f b i d a w a r d p l u s $ 1 3 0 K d u e t o p o o r s u bgrade conditions encountered during project; 20 1 3 : C a s c a d e ; 2 0 1 4 : S a f e w a y a n d V a i l V il l a g e Va i l V i l l a g e I n f o B o o t h 1 , 1 0 0 , 0 0 0 - 1 , 1 0 0 , 0 0 0 - 1 , 1 0 0 , 0 0 0 - 1 , 1 0 0 , 0 0 0 R e m o d e l , i n c l u d i n g a d d i t i o n o f r e s t r o o m s a n d s o m e g u e s t e n h a n c e m e n t Va i l V i l l a g e I n f o B o o t h p u l l i n l a n e 2 5 0 , 0 0 0 - 2 5 0 , 0 0 0 - 2 5 0 , 0 0 0 - 2 5 0 , 0 0 0 Pu l l o f f l a n e i n f r o n t o f V a i l V il l a g e i n f o b o o t h f o r s h o r t t e r m p a r k i n g a n d t o p r o v i d e a n a r e a f o r a n R V o r la r g e r v e h i c l e t o p u l l i n f o r i n f o r m a t i o n Li o n s H e a d I n f o B o o t h - - - 2 5 , 0 0 0 2 5 , 0 0 0 - 2 5 , 0 0 0 P r o p o s e d d e m o l i t i o n o f o l d L i o n s H e a d I n f o r m a t i o n C e n t e r Gu e s t S e r v i c e E n h a n c e m e n t s : L H W e l c o m e ce n t e r ( V R A ) - 2 6 9 , 1 5 6 2 6 9 , 1 5 6 8 5 , 5 4 4 3 5 4 , 7 0 0 - 3 5 4 , 7 0 0 Tr a n s f e r r e d f r o m W e l c o m e C e n t e r p r o j e c t b a s e d on C o u n c i l - a p p r o v e d p l a n i n 2 0 1 1 f o r e x p e n s e s r e l a t i n g to d e s i g n a n d h a r d c o s t o f m e d i a , s i g n a g e , e t c . G u e s t i n f o r m a t i o n i m p r o v e m e n t s t o w n - w i d e , i n c l u d i n g pe d e s t r i a n s i g n a g e , p a r k i n g s t r u c t u r e s , b a n n e r s a t V V & L H Gu e s t S e r v i c e E n h a n c e m e n t s / W a y f i n d i n g 1 , 1 0 0 , 0 0 0 1 , 1 0 0 , 0 0 0 4 1 9 , 1 1 0 1 , 5 1 9 , 1 1 0 - 1 , 5 1 9 , 1 1 0 G u e s t S e r v i c e / W a y f i n d i n g e n h a n c e m e n t s o u t s i d e o f V R A d i s t r i c t Ma i n V a i l F i r e S t a t i o n - 5 0 , 0 0 0 5 0 , 0 0 0 1 0 0 , 0 0 0 1 5 0 , 0 0 0 1 5 0 , 0 0 0 3 0 0 , 0 0 0 De s i g n / a r c h i t e c t u r e f o r r e m o d e l o f M a i n V a il s t a t i o n a s a p p r o v e d b y C o u n c i l o n J u n e 5 t h ; $150K for two em p l o y e e h o u s i n g u n i t s - p a i d f o r w i t h B u y - D o w n f u n d s b e l o w . Remainder of project included in 20 1 3 b u d g e t En e r g y E n h a n c e m e n t s - 1 , 1 3 3 , 0 2 1 1 , 1 3 3 , 0 2 1 - 1 , 1 3 3 , 0 2 1 - 1 , 1 3 3 , 0 2 1 I m p l e m e n t a t i o n o f e n e r g y a u d i t e n h a n c e m e n t s ( i n c l u d e s r e i m b f r o m V R A , R E T T , a n d G F ) ; Fi r e E q u i p m e n t 3 2 , 0 0 0 - 3 2 , 0 0 0 - 3 2 , 0 0 0 - 3 2 , 0 0 0 $ 1 2 K T h e r m a l i m a g e c a m e r a f o r n e w t r u c k ; $ 2 0 K s e t o f e q u i p m e n t f o r l a d d e r t r u c k Ea s t M e a d o w D r i v e - S t r e e t s c a p e - 3 8 0 , 0 0 0 3 8 0 , 0 0 0 - 3 8 0 , 0 0 0 - 3 8 0 , 0 0 0 Wo r k a p p r o v e d b y C o u n c i l A p r i l 3 r d ; R e c o n s t r u c t i o n o f E . M e a d o w D r i v e b u s p a t h f r o m L a B o t t e g a t o st a r t o f S o l a r i s Ne i g h b o r h o o d R o a d R e c o n s t r u c t i o n - 1 0 , 0 0 0 1 0 , 0 0 0 - 1 0 , 0 0 0 - 1 0 , 0 0 0 Re - a p p r o p r i a t e $ 1 0 K t o c o v e r d e s i g n c o s t s s p e n t t o g e t the Vail Valley Dr.project ready to bid (project ha s b e e n d e l a y e d ) ; 2 0 1 3 - 2 0 1 6 E a s t V a i l r o a d s ; I n c r e a s e of $425K in 2013 for shared project with ER W S D o n R o c k l e d g e R d 2 0 1 3 a l s o i n c l u d e s $ 2 0 0 K f o r p l a n n i n g / d e s i g n o f r o a d w o r k i n 2 0 1 4 - 2 0 1 6 Ne i g h b o r h o o d B r i d g e R e c o n s t r u c t i o n - 1 , 0 5 1 , 8 1 5 1 , 0 5 1 , 8 1 5 1 0 0 , 0 0 0 1 , 1 5 1 , 8 1 5 2 6 0 , 0 0 0 1 , 4 1 1 , 8 1 5 Ma t t e r h o r n B r i d g e r e c o n s t r u c t i o n d e l a y e d d u e t o C D O T fiscal year and requirements; Partial funding fr o m f e d e r a l g r a n t ; N u g g e t L a n e a n d B r i d g e R d b r id g e s d e s i g n i n 2 0 1 3 a n d c o n s t r u c t i o n i n 2 0 1 4 t o co i n c i d e w i t h f e d e r a l g r a n t s . Co u n c i l a p p r o v e d a b u d g e t i n c r e a s e o f $ 1 0 0 K o n J u l y 3 r d w i t h b i d aw a r d ; A d d i t i o n a l $ 1 6 0 K d u e t o s o i l s a n d u t i l i t i e s i s s u e s . Ra d i o E q u i p m e n t r e p l a c e m e n t ( p u b . w o r k s , p u b . sa f e t y ) 48 , 0 0 0 - 4 8 , 0 0 0 - 4 8 , 0 0 0 - 4 8 , 0 0 0 R e p l a c e m e n t o f 2 0 0 8 r a d i o s f o r P W , F i r e , P D Hy b r i d B u s B a t t e r y R e p l a c e m e n t 5 5 , 0 0 0 - 5 5 , 0 0 0 - 5 5 , 0 0 0 - 5 5 , 0 0 0 S c h e d u l e d r e p l a c e m e n t : 1 i n 2 0 1 2 ; 7 i n 2 0 1 4 ; E s t i m a t e d l i f e o f 6 y e a r s Re p l a c e B u s e s - 1 , 2 4 5 , 9 7 8 1 , 2 4 5 , 9 7 8 - 1 , 2 4 5 , 9 7 8 - 1 , 2 4 5 , 9 7 8 2 0 1 2 : 2 H y b r i d b u s e s o r d e r e d i n 2 0 1 1 ; t a k e d e l i v e r y i n 2 0 1 2 Ti m b e r R i d g e L e g a l / Z o n i n g - 1 7 , 3 1 5 1 7 , 3 1 5 - 1 7 , 3 1 5 - 1 7 , 3 1 5 C o n t i n u a t i o n o f n e g o t i a t i o n s To t a l E n h a n c e m e n t s 3 , 2 1 5 , 0 0 0 4 , 1 5 7 , 2 8 5 7 , 3 7 2 , 2 8 5 7 2 9 , 6 5 4 8 , 1 0 1 , 9 3 9 9 3 6 , 0 0 0 9 , 0 3 7 , 9 3 9 Ne w A s s e t s Mu n i c i p a l R e d e v e l o p m e n t - 7 6 0 , 2 0 9 7 6 0 , 2 0 9 1 2 0 , 0 0 0 8 8 0 , 2 0 9 - 8 8 0 , 2 0 9 Es t i m a t e d c o s t s f o r a r c h i t e c t u r e a n d d e s i g n $ 5 1 3 K p l u s p r o j e c t m a n a g e m e n t $ 2 4 7 K ; B a s e d o n a p p r o v e d co n t r a c t s ; $ 1 2 0 K f o r d e v e l o p e r a g r e e m e n t w i t h T r i u m p h We l c o m e C e n t e r ( V R A ) 3 0 4 , 7 0 0 9 7 3 , 4 4 4 1 , 2 7 8 , 1 4 4 ( 3 5 4 , 7 0 0 ) 9 2 3 , 4 4 4 - 9 2 3 , 4 4 4 Co n t i n u a t i o n o f t h e p r o j e c t ; I n c l u d e s $ 3 4 K r e i m b u r s e ment from VRD for tenant finishes;Funded by the Va i l R e i n v e s t m e n t A u t h o r i t y ( s e e T r a n s f e r s b e l o w ) ; T r a n s f e r r i n g $ 3 5 4 . 7 K t o G u e s t S e r v i c e E n h a n c e m e n t pr o j e c t a b o v e b a s e d o n C o u n c i l a p p r o v e d p l a n f r o m 2 0 1 1 Ea s t L i o n s H e a d P o r t a l ( V R A ) 2 , 0 7 5 , 0 0 0 4 1 , 2 8 9 2 , 1 1 6 , 2 8 9 - 2 , 1 1 6 , 2 8 9 - 2 , 1 1 6 , 2 8 9 Re - a p p r o p r i a t i o n ; D e s i g n w o r k a p p r o v e d b y C o u n c i l F eb 1st; Originally budgeted entire project in 2012; Fu n d e d b y t h e V a i l R e i n v e s t m e n t A u t h o r i t y ( E a s t L H C i r c l e ) We s t L i o n s H e a d P o r t a l ( V R A ) 7 5 0 , 0 0 0 2 2 , 5 0 0 7 7 2 , 5 0 0 - 7 7 2 , 5 0 0 - 7 7 2 , 5 0 0 Re - a p p r o p r i a t i o n ; D e s i g n w o r k a p p r o v e d b y C o u n c i l F eb 1st; Originally budgeted entire project in 2012; Fu n d e d b y t h e V a i l R e i n v e s t m e n t A u t h o r i t y ( C o n c e r t H a l l P l a z a ) - 5 - 12/4/2012 20 1 2 20 1 2 Or i g i n a l 1 s t 2 0 1 2 2 n d 2 0 1 2 3 r d P r o p o s e d Bu d g e t S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d P r o j e c t I n f o r m a t i o n TO W N O F V A I L 2 0 1 2 B U D G E T CA P I T A L P R O J E C T S F U N D SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S A N D C H A N G E S I N F U N D B A L A N C E Li b r a r y R e m o d e l ( V R A ) 1 , 6 0 0 , 0 0 0 4 5 1 , 7 2 8 2 , 0 5 1 , 7 2 8 5 0 , 0 0 0 2 , 1 0 1 , 7 2 8 2 , 0 0 0 2 , 1 0 3 , 7 2 8 A t o t a l o f $ 5 2 , 0 0 0 u s e o f L i b r a r y g r a n t d o l l a r s f o r a d d i t i o n a l t e c h n o l o g y e n h a n c e m e n t s t o co m m u n i t y r o o m ; Re - a p p r o p r i a t i o n p l u s $ 3 5 0 K a d d i t i o n a l a p p r oved by Council March 20th; Funded by th e V a i l R e i n v e s t m e n t A u t h o r i t y ( s e e T r a n s f e r s b e l o w ) ; T h i s p r o j e c t w o u l d a d d a d d i t i o n a l c o m m u n i t y sp a c e o n m a i n l e v e l , w i t h o f f i c e s a n d c o m m u n i t y r o o m on basement level; includes elevator as required by c o d e Su n d i a l P l a z a ( V R A ) 8 5 0 , 0 0 0 - 8 5 0 , 0 0 0 - 8 5 0 , 0 0 0 - 8 5 0 , 0 0 0 Fo u n t a i n n e e d s t o b e r e m o v e d o r s i g n i f i c a n t r e p a i r s /r e p l a c e m e n t ; S t a i r w a y s ; A d j o i n i n g p a r k c o u l d b e im p r o v e d r a t h e r t h a n t r y t o f i n d a l o c a t i o n f o r a n e w L H p a r k . A " n e w " L H p a r k w a s o n U n f u n d e d l i s t f o r $8 0 0 K ; $ 2 8 5 K o f t h i s a m o u n t w o u l d b e t o i m p r o v e t h e c o n n e c t i o n o f w a l k w a y s u p t o w a r d F i r s t C h a i r We s t V a i l F i r e S t a t i o n - 7 , 5 0 0 7 , 5 0 0 - 7 , 5 0 0 - 7 , 5 0 0 F i n a l b i l l s f o r W e s t V a i l F i r e S t a t i o n Bu y - d o w n P r o g r a m - 5 5 2 , 1 1 8 5 5 2 , 1 1 8 - 5 5 2 , 1 1 8 ( 1 5 0 , 0 0 0 ) 4 0 2 , 1 1 8 C a r r y f o r w a r d p r o g r a m f u n d i n g ; $1 5 0 K i n 2 0 1 2 u s e d f o r t w o E H U ' s a t t h e M a i n V a i l F . S . Bu y - d o w n P r o g r a m F u n d e d b y P a y - i n - L i e u - 5 3 7 , 8 0 3 5 3 7 , 8 0 3 - 5 3 7 , 8 0 3 - 5 3 7 , 8 0 3 Ca r r y f o r w a r d c u r r e n t b a l a n c e o f p r o g r a m f u n d i n g : H ousing funded directly by Pay-in-Lieu fees collected fr o m d e v e l o p e r s ; Va r i a b l e M e s s a g e S i g n s / W a y - F i n d i n g Im p r o v e m e n t s 10 0 , 0 0 0 4 9 , 9 5 4 1 4 9 , 9 5 4 ( 1 4 9 , 9 5 4 ) - - - 20 1 2 : r e p l a c e m e n t o f t w o r a m p s i g n s a t M a i n V a i l ($ 2 0 0 K ) ; T r a n s f e r r i n g t o G u e s t S e r v i c e / W a y f i n d i n g ab o v e I- 7 0 N o i s e - 3 5 0 , 1 8 3 3 5 0 , 1 8 3 - 3 5 0 , 1 8 3 - 3 5 0 , 1 8 3 R e - a p p r o p r i a t e f o r u t il i t y r e l o c a t i o n f o r B a l d M ou n t a i n b e r m e x t e n s i o n Un d e r g r o u n d U t il i t y i m p r o v e m e n t s - 1 2 1 , 2 0 0 1 2 1 , 2 0 0 - 1 2 1 , 2 0 0 - 1 2 1 , 2 0 0 Re - a p p r o p r i a t e f o r c o n t i n u a t i o n o f p r o j e c t s : E a s t Va i l o n B i g h o r n R d a n d G o l f C o u r s e t o F o r d P a r k ; Re i m b u r s e m e n t s f r o m h o m e o w n e r s t o t a l i n g $ 5 5 , 0 0 0 ( $ 5 K from East Vail and $50K from residents near go l f c o u r s e ) , V a i l R e c D i s t r i c t ( $ 1 5 K ) a n d H o l y C r o s s d i r e c t l y f u n d i n g $ 4 3 , 0 0 0 f o r E a s t V a i l p r o j e c t To t a l N e w A s s e t s : 5 , 6 7 9 , 7 0 0 3 , 8 6 7 , 9 2 8 9 , 5 4 7 , 6 2 8 ( 3 3 4 , 6 5 4 ) 9 , 2 1 2 , 9 7 4 ( 1 4 8 , 0 0 0 ) 9 , 0 6 4 , 9 7 4 To t a l C a p i t a l b e f o r e F i n a n c i n g 1 2 , 9 8 7 , 0 2 8 8 , 9 9 2 , 9 0 4 2 1 , 9 7 9 , 9 3 2 5 9 5 , 0 0 0 2 2 , 5 7 4 , 9 3 2 6 2 8 , 0 0 0 2 3 , 2 0 2 , 9 3 2 De b t S e r v i c e a n d F i n a n c i n g De b t S e r v i c e o n O u t s t a n d i n g B o n d s 2 , 0 8 8 , 3 4 6 - 2 , 0 8 8 , 3 4 6 - 2 , 0 8 8 , 3 4 6 - 2 , 0 8 8 , 3 4 6 A n n u a l d e b t s e r v i c e p a y m e n t s Ti m b e r R i d g e D e b t S e r v i c e G u a r a n t e e - 9 2 5 , 0 0 0 9 2 5 , 0 0 0 - 9 2 5 , 0 0 0 - 9 2 5 , 0 0 0 A n n u a l d e b t s e r v i c e g u a r a n t e e - r e q u i r e m e n t o f T R d e b t To t a l D e b t S e r v i c e a n d F i n a n c i n g : 2 , 0 8 8 , 3 4 6 9 2 5 , 0 0 0 3 , 0 1 3 , 3 4 6 - 3 , 0 1 3 , 3 4 6 - 3 , 0 1 3 , 3 4 6 To t a l E x p e n d i t u r e s 1 5 , 0 7 5 , 3 7 4 9 , 9 1 7 , 9 0 4 2 4 , 9 9 3 , 2 7 8 5 9 5 , 0 0 0 2 5 , 5 8 8 , 2 7 8 6 2 8 , 0 0 0 2 6 , 2 1 6 , 2 7 8 Ot h e r F i n a n c i n g S o u r c e s ( U s e s ) Tr a n s f e r f r o m V a i l R e i n v e s t m e n t A u t h o r i t y 6 , 5 4 6 , 7 0 0 2 , 4 8 8 , 8 7 4 9 , 0 3 5 , 5 7 4 - 9 , 0 3 5 , 5 7 4 - 9 , 0 3 5 , 5 7 4 20 1 2 : L H P o r t a l i m p r o v e m e n t s $ 2 . 9 M , S u n d i a l p l a z a $ 8 5 0 K , $ 2 . 0 L i b r a r y r e m o d e l , C D O T - R e q u i r e d pa r k i n g $ 1 0 2 K i n L H , L H P k g m t c $ 3 6 5 K , L H W e l c om e C e n t e r $ 1 . 1 M , G u e s t S v c s $ 7 1 0 K ; E n e r g y en h a n c e m e n t s $ 9 5 3 K ; Tr a n s f e r f r o m G e n e r a l F u n d - - - 5 0 , 0 0 0 5 0 , 0 0 0 2 , 0 0 0 5 2 , 0 0 0 T r a n s f e r f r o m G F f r o m L i b r ar y g r a n t s f o r L i b r a r y r e n o v ation of community room Tr a n s f e r f r o m D i s p a t c h F u n d - - - 1 0 , 0 0 0 1 0 , 0 0 0 - 1 0 , 0 0 0 T r a n s f e r f r o m D i s p a t c h f o r R a d i o T o w e r p r o j e c t Re v e n u e O v e r ( U n d e r ) E x p e n d i t u r e s ( 8 1 7 , 0 1 4 ) ( 6 , 3 5 6 , 5 9 5 ) ( 7 , 1 7 3 , 6 0 9 ) 3 7 9 , 0 0 0 ( 6 , 7 9 4 , 6 0 9 ) ( 5 6 , 5 0 0 ) ( 6 , 8 5 1 , 1 0 9 ) Be g i n n i n g F u n d B a l a n c e 8 , 9 8 8 , 8 3 0 9 , 4 5 9 , 9 0 9 1 8 , 4 4 8 , 7 3 9 - 1 8 , 4 4 8 , 7 3 9 - 1 8 , 4 4 8 , 7 3 9 En d i n g F u n d B a l a n c e 8 , 1 7 1 , 8 1 6 1 1 , 2 7 5 , 1 3 0 1 1 , 6 5 4 , 1 3 0 1 1 , 5 9 7 , 6 3 0 *P r o m i s s o r y n o t e d u e f r o m C h i l d r e n s ' G a r d e n o f Le a n i n g i n c l u d e d i n e n d i n g f u n d b a l a n c e - n o t sp e n d a b l e 5, 0 0 0 5 , 0 0 0 5 , 0 0 0 5 , 0 0 0 - 6 - 12/4/2012 20 1 2 20 1 2 O r i g i n a l 1 s t 2 0 1 2 2 n d 2 0 1 2 3 r d P r o p o s e d Bu d g e t S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d C o m m e n t s Re a l E s t a t e T r a n s f e r T a x 3 , 8 3 5 , 0 0 0 $ - $ 3 , 8 3 5 , 0 0 0 $ - $ 3 , 8 3 5 , 0 0 0 $ - $ 3 , 8 3 5 , 0 0 0 $ 2 0 1 2 " b a s e " s a l e s 2 0 % l e s s t h a n 2 0 1 0 Go l f C o u r s e L e a s e 1 2 6 , 8 8 8 - 1 2 6 , 8 8 8 - 1 2 6 , 8 8 8 - 1 2 6 , 8 8 8 An n u a l l e a s e p a y m e n t f r o m V a i l R e c r e a t i o n D i s t r i c t 2 % a n n u a l i n c r e a s e - deposited to "Recreation En h a n c e m e n t A c c o u n t " ( a c c o m p a n y i n g e x p e n d i t u r e l i s t e d b e l o w ) In t e r g o v e n m e n t a l R e v e n u e 2 0 , 0 0 0 - 2 0 , 0 0 0 - 2 0 , 0 0 0 - 2 0 , 0 0 0 $ 2 0 K L o t t e r y f u n d p r o c e e d s Pr o j e c t R e i m b u r s e m e n t s 1 5 , 0 0 0 1 , 1 5 0 , 0 0 0 1 , 1 6 5 , 0 0 0 - 1 , 1 6 5 , 0 0 0 2 1 , 6 0 0 1 , 1 8 6 , 6 0 0 $1 . 1 6 5 M V R D p o r t i o n f o r G o l f C o u r s e C l u b h o u s e c o n s t r u c t i o n ; $21.6K reimbursement from Eagle Co u n t y f o r r e c y c l i n g h a u l i n g p r o g r a m Re c r e a t i o n A m e n i t y F e e s 1 0 , 0 0 0 - 1 0 , 0 0 0 - 1 0 , 0 0 0 - 1 0 , 0 0 0 Ea r n i n g s o n I n v e s t m e n t s a n d O t h e r 6 8 , 0 0 0 - 6 8 , 0 0 0 - 6 8 , 0 0 0 - 6 8 , 0 0 0 To t a l R e v e n u e 4 , 0 7 4 , 8 8 8 1 , 1 5 0 , 0 0 0 5 , 2 2 4 , 8 8 8 - 5 , 2 2 4 , 8 8 8 2 1 , 6 0 0 5 , 2 4 6 , 4 8 8 Ma i n t a i n T o w n A s s e t s An n u a l P a r k a n d L a n d s c ap e M a i n t e n a n c e 1 , 3 5 0 , 1 4 0 - 1 , 3 5 0 , 1 4 0 - 1 , 3 5 0 , 1 4 0 - 1 , 3 5 0 , 1 4 0 O n g o i n g p a t h , p a r k a n d o p e n s p a c e m a i n t e n a n c e , p r o j e c t m g m t Ma n a g e m e n t F e e t o G e n e r a l F u n d ( 5 % ) 1 9 1 , 7 5 0 - 1 9 1 , 7 5 0 - 1 9 1 , 7 5 0 - 1 9 1 , 7 5 0 5 % o f R E T T C o l l e c t i o n s - f e e r e m i t t e d t o t h e G e n e r a l F u n d f o r a d m i n i s t r a t i o n Re c . P a t h C a p i t a l M a i n t 9 3 , 3 9 5 - 9 3 , 3 9 5 - 9 3 , 3 9 5 - 9 3 , 3 9 5 Ca p i t a l m a i n t e n a n c e o f t h e t o w n ' s r e c r e a t i o n p a t h s y s t e m ; 2 0 1 2 i n c l u d e s $ 5 0 K t o r e p l a c e d e e r sc r e e n a t D o w d J u n c t i o n a n d $ 1 5 K f o r p e d e s t r i a n b r i d g e i n s p e c t i o n s Tr e e M a i n t e n a n c e 6 5 , 0 0 0 2 5 , 0 0 0 9 0 , 0 0 0 - 9 0 , 0 0 0 - 9 0 , 0 0 0 Re - a p p r o p r i a t e f o r A s p e n t r e e s c a l e ; R e g u l a r m a i n t e n a n c e f o r t r e e h e a l t h w i t h i n t h e t o w n ( s p r a y i n g , re m o v i n g , n e w t r e e s ) ; s c a l e s p r a y i n g o n t o w n - o w n e d p r o p e r t y a t a p p r o x . $ 1 2 0 p e r t r e e ; I n i t i a t i n g tr e e - p l a n t i n g p r o g r a m f o r l o s t t r e e s Fo r e s t H e a l t h M a n a g e m e n t 1 9 5 , 0 0 0 - 1 9 5 , 0 0 0 - 1 9 5 , 0 0 0 - 1 9 5 , 0 0 0 P i n e b e e t l e m i t i g a t i o n i n c o n j u n c t i o n w / f o r e s t s e r v i c e ( C r e w o f 6 d u r i n g s p r i n g / s u m m e r m o n t h s ) St r e e t F u r n i t u r e R e p l a c e m e n t 2 5 , 0 0 0 - 2 5 , 0 0 0 - 2 5 , 0 0 0 - 2 5 , 0 0 0 A n n u a l r e p l a c e m e n t o r c a p i t a l r ep a i r s , i n c l u d e s b i k e r a c k s Pa r k / P l a y g r o u n d C a p i t a l M a i n t e n a n c e 8 5 , 0 0 0 - 8 5 , 0 0 0 - 8 5 , 0 0 0 - 8 5 , 0 0 0 20 1 2 i n c l u d e s p a v i n g p a t h s t o S t e p h e n s P a r k ( $ 2 2 K ) , A D A c o m p l i a n c e f o r p l a y s t r u c t u r e a t St e p h e n s P a r k , R e - l a n d s c a p e m a i n e n t r y ( e a s t ) a t D o n o v a n P a r k ( $ 2 0 K ) a n d r e s u r f a c e D o n o v a n ba s k e t b a l l c o u r t ( $ 1 0 K ) Al p i n e G a r d e n S u p p o r t 8 5 , 6 2 0 - 8 5 , 6 2 0 - 8 5 , 6 2 0 - 8 5 , 6 2 0 C o u n c i l a p p r o v e d o n e - t i m e c a p i t a l o f $ 2 0 K f o r w a t e r f e a t u r e i n 2 0 1 2 a n d $ 6 5 K o f o p e r a t i n g Ea g l e R i v e r W a t e r s h e d P r o g r a m s 5 0 , 0 0 0 - 5 0 , 0 0 0 1 2 , 0 0 0 6 2 , 0 0 0 - 6 2 , 0 0 0 20 1 2 $ 5 0 K C o u n c i l c o n t r i b u t i o n s ; $ 1 2 K o f f c y c l e c o n t r i b u t i o n f o r r e g i o n a l w a t e r q u a l i t y m o n i t o r i n g pr o g r a m " W a t e r Q u a l i t y D a t a a n d A s s e s s m e n t P r o g r a m " Pu b l i c A r t - O p e r a t i n g 9 2 , 6 5 7 - 9 2 , 6 5 7 - 9 2 , 6 5 7 - 9 2 , 6 5 7 A I P P s a l a r y a n d o p e r a t i n g e x p e n s e s En v i r o n m e n t a l S u s t a i n a b i l i t y 2 5 0 , 0 0 0 - 2 5 0 , 0 0 0 - 2 5 0 , 0 0 0 2 1 , 6 0 0 2 7 1 , 6 0 0 En v i r o n m e n t a l S u s t a i n a b i l i t y p r o g r a m s ; In c r e a s e i n r e c y c l i n g h a u l i n g t o b e r e i m b u r s e d b y Ea g l e C o u n t y ( s e e a b o v e ) To t a l M a i n t e n a n c e 2 , 4 8 3 , 5 6 2 2 5 , 0 0 0 2 , 5 0 8 , 5 6 2 1 2 , 0 0 0 2 , 5 2 0 , 5 6 2 2 1 , 6 0 0 2 , 5 4 2 , 1 6 2 En h a n c e m e n t o f T o w n A s s e t s Fl o o d I n c i d e n t R e p a i r s 1 , 0 5 0 , 0 0 0 - 1 , 0 5 0 , 0 0 0 - 1 , 0 5 0 , 0 0 0 - 1 , 0 5 0 , 0 0 0 2 0 1 2 : r e p a i r s t o c u l v e r t s , d r a i n a g e , a n d p r e v e n t a t i v e i m p r o v e m e n t s St e p h e n ' s P a r k S t r e a m R e p a i r s - - - - - - - S t r e a m b a n k s t a b i l i z a t i o n s i g n ( r e q u i r e m e n t o f t h e g r a n t ) Tr a i l h e a d D e v e l o p m e n t / I m p r o v e m e n t 5 0 , 0 0 0 - 5 0 , 0 0 0 - 5 0 , 0 0 0 - 5 0 , 0 0 0 I m p r o v e t r a i l h e a d s ; C o n t i n u e d n e e d t h r o u g h 2 0 1 2 ( o n e t r a i l p e r y e a r ) AD A C o m p l i a n c e w / V R D 1 0 , 0 0 0 - 1 0 , 0 0 0 - 1 0 , 0 0 0 - 1 0 , 0 0 0 Sh a r e d c o s t s w i t h V R D - A D A a c c e s s a t r e c r e a t i o n a l f a c i l i t i e s ; n e w A D A r e g u l a t i o n s w e n t i n t o e f f e c t 20 1 1 ; N e e d t o r e p l a c e d r i n k i n g f o u n t a i n s a t a l l p a r k s ( $ 2 K e a c h ) Fr o n t a g e R o a d B i k e L a n e s / T r a i l s 1 , 1 5 0 , 0 0 0 - 1 , 1 5 0 , 0 0 0 - 1 , 1 5 0 , 0 0 0 - 1 , 1 5 0 , 0 0 0 4 m i l e s o f b i k e l a n e s ( 6 f o o t s h o u l d e r s ) t o b e a d d e d p r i o r t o C D O T o v e r l a y p r o j e c t ; f i r s t p r i o r i t y i s Bl u e C o w C h u t e t o E a s t V a i l ; p a t h f r o m V a i l M t n S c h o o l t o E . V a i l e x i t St r e a m b a n k / t r a c t m i t i g a t i o n 2 0 0 , 0 0 0 - 2 0 0 , 0 0 0 - 2 0 0 , 0 0 0 - 2 0 0 , 0 0 0 2 0 1 2 p l a n n i n g ; 2 0 1 3 i m p l e m e n t a t i o n * * e s t i m a t e o n l y * * Re d S a n d s t o n e P a r k - P e r S a f e t y p l a n - 1 9 7 , 6 3 0 1 9 7 , 6 3 0 - 1 9 7 , 6 3 0 - 1 9 7 , 6 3 0 R e c o n s t r u c t i o n o f p l a y g r o u n d p e r s a f e t y p l a n ; 2 0 y e a r s o l d Pu b l i c A r t - G e n e r a l p r o g r a m / a r t 8 0 , 0 0 0 2 5 5 , 8 7 8 3 3 5 , 8 7 8 - 3 3 5 , 8 7 8 - 3 3 5 , 8 7 8 To p u r c h a s e s c u l p t u r e s , a r t w o r k , a r t p r o g r a m s a n d e v e n t s ; r e m a i n d e r i s r e - a p p r o p r i a t e d e a c h y e a r to a c c u m u l a t e e n o u g h f u n d s ; S u p p l e m e n t b u d g e t f o r a n n u a l d o n a t i o n s , m a n h o l e c o v e r & j e w e l e r y sa l e s , a n d p o s t e r s a l e s c o n t r i b u t e d d u r i n g 2 0 1 1 Pu b l i c A r t - W i n t e r f e s t - 3 3 , 4 9 4 3 3 , 4 9 4 - 3 3 , 4 9 4 - 3 3 , 4 9 4 Re c o g n i z e d o n a t i o n s m a d e f o r W i n t e r f e s t e v e n t ( $ 5 , 1 0 0 i n 2 0 1 1 ) ; R e - a p p r o p r i a t e d o n a t i o n b a l a n c e ; (a p p r o x i m a t e c o s t o f e v e n t i s $ 2 5 K p e r y e a r ) To t a l E n h a n c e m e n t s 2 , 5 4 0 , 0 0 0 4 8 7 , 0 0 2 3 , 0 2 7 , 0 0 2 - 3 , 0 2 7 , 0 0 2 - 3 , 0 2 7 , 0 0 2 TO W N O F V A I L 2 0 1 2 B U D G E T SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S A N D C H A N G E S I N F U N D B A L A N C E RE A L E S T A T E T R A N S F E R T A X F U N D - 7 - 12/4/2012 20 1 2 20 1 2 O r i g i n a l 1 s t 2 0 1 2 2 n d 2 0 1 2 3 r d P r o p o s e d Bu d g e t S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d S u p p l e m e n t a l A m e n d e d C o m m e n t s TO W N O F V A I L 2 0 1 2 B U D G E T SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S A N D C H A N G E S I N F U N D B A L A N C E RE A L E S T A T E T R A N S F E R T A X F U N D VR D - M a n a g e d F a c i l i t y P r o j e c t s Re c r e a t i o n E n h a n c e m e n t A c c o u n t 1 2 6 , 8 8 8 ( 1 2 6 , 8 8 8 ) - - - - - Tr a n s f e r b a l a n c e t o G o l f C o u r s e C l u b h o u s e r e d e v e l o p m e n t a s i n t e n d e d b y t h i s r e s e r v e a c c o u n t - fu n d e d b y a nn u a l l e a s e r e v e n u e Go l f C o u r s e C l u b h o u s e - - - - - - - T r a n s f e r r e d b a l a n c e t o n e w c l u b h o u s e c o n s t r u c t i o n f u n d i n g ( s e e N e w A s s e t s b e l o w ) Go l f C o u r s e - O t h e r I m p r o v e m e n t s 1 8 , 4 6 8 1 3 3 , 1 6 7 1 5 1 , 6 3 5 - 1 5 1 , 6 3 5 - 1 5 1 , 6 3 5 Re - a p p r o p r i a t e f o r r e p l a c e m e n t o f m a i n t e n a n c e s t o r a g e b u i l d i n g ; I m p r o v e m e n t s t o g o l f c o u r s e : 7 t h te e b o x r e t a i n i n g w a l l , 1 1 t h a n d 1 7 t h h o l e b r i d g e s ; i m p r o v e m e n t s t o m a i n t e n a n c e b u i l d i n g i n c l u d i n g st u c c o , w o o d t r i m a n d s o f f i t s ; M t c e S t o r a g e b u i l d i n g Do b s o n I c e A r e n a 7 3 , 4 9 5 3 4 3 , 2 7 9 4 1 6 , 7 7 4 - 4 1 6 , 7 7 4 - 4 1 6 , 7 7 4 Re - a p p r o p r i a t e f o r u p g r a d e o f l o u v e r s y s t e m , r e p l a c e m e n t o f d o o r s , r e f u r b i s h m e n t o f w o o d e x t e r i o r an d l a n d s c a p e i m p r o v e m e n t s ; ' 2 0 1 2 : r e n o v a t e c h a n g i n g r o o m s a n d r e s t r o o m s Fo r d P a r k / T e n n i s C e n t e r I m p r o v e m e n t s 4 2 8 , 9 1 0 - 4 2 8 , 9 1 0 - 4 2 8 , 9 1 0 - 4 2 8 , 9 1 0 Re - a p p r o p r i a t e 2 0 1 1 u n s p e n t a n d t r a n s f e r t o F o r d P a r k F i e l d s p r o j e c t f o r u p p e r b e n c h im p r o v e m e n t s ; 2 0 1 2 o u t b u i l d i n g i m p r o v e m e n t s a t b a l l f i e l d s Gy m n a s t i c s C e n t e r 1 , 9 7 8 - 1 , 9 7 8 - 1 , 9 7 8 - 1 , 9 7 8 W a i t i n g o n e n e r g y a u d i t p r i o r t o i n s t a l l i n g c o o l i n g s y s t e m Na t u r e C e n t e r 1 0 , 6 4 6 - 1 0 , 6 4 6 - 1 0 , 6 4 6 - 1 0 , 6 4 6 2 0 1 2 w o o d o p e n r a i l f e n c i n g To t a l V R D - M a n a g e d F a c i l i t y P r o j e c t s 66 0 , 3 8 5 3 4 9 , 5 5 8 1 , 0 0 9 , 9 4 3 - 1 , 0 0 9 , 9 4 3 - 1 , 0 0 9 , 9 4 3 Ne w A s s e t s Go l f C o u r s e C l u b h o u s e ( C C F ) - 6 , 7 1 2 , 7 6 1 6 , 7 1 2 , 7 6 1 - 6 , 7 1 2 , 7 6 1 - 6 , 7 1 2 , 7 6 1 Re - a p p r o p r i a t i o n o f p r i o r e s t i m a t e f o r d e s i g n a n d a r c h i t e c t u r e ; p l u s t r a n s f e r o f $ 1 . 2 6 M f r o m p r i o r cl u b h o u s e c a p i t a l m a i n t e n a n c e b u d g e t ; $ 1 . 1 5 M r e i m b u r s e m e n t f r o m V R D , a l l o c a t i o n o f R e c r e a t i o n En h a n c e m e n t F u n d s $ 5 0 4 K a n d C o n f e r e n c e C e n t e r f u n d s o f $ 3 . 8 M ( T o t a l p r o j e c t c o s t e s t i m a t e d a t $6 . 8 M ) Fo r d P a r k F i e l d s ( C C F ) - 6 , 2 9 7 , 3 4 0 6 , 2 9 7 , 3 4 0 - 6 , 2 9 7 , 3 4 0 - 6 , 2 9 7 , 3 4 0 Ad d e d t r a n s f e r o f $ 3 4 2 . 6 K f r o m F o r d P a r k / T e n n i s , t r a n s f e r o f $ 2 0 0 K f r o m F o r d P a r k I m p r o v e m e n t s bu d g e t a n d a t r a n s f e r o f $ 2 , 2 5 6 , 1 8 5 f r o m F o r d P a r k M a n a g e m e n t P l a n b u d g e t . C o n s o l i d a t i n g do l l a r s a l r e a d y i n p r e v i o u s b u d g e t s a n d a d d i n g u s e o f $ 3 . 5 M i n C o n f e r e n c e C e n t e r F u n d s f o r t o t a l pr o j e c t e s t i m a t e d c o s t o f $ 6 . 3 M Pu b l i c R e s t r o o m s - 3 7 0 , 0 0 0 3 7 0 , 0 0 0 - 3 7 0 , 0 0 0 - 3 7 0 , 0 0 0 R e s t r o o m s a t l o w e r b e n c h o f F o r d P a r k To t a l N e w A s s e t s : - 1 3 , 3 8 0 , 1 0 1 1 3 , 3 8 0 , 1 0 1 - 1 3 , 3 8 0 , 1 0 1 - 1 3 , 3 8 0 , 1 0 1 To t a l E x p e n d i t u r e s 5 , 6 8 3 , 9 4 7 1 4 , 2 4 1 , 6 6 1 1 9 , 9 2 5 , 6 0 8 1 2 , 0 0 0 1 9 , 9 3 7 , 6 0 8 2 1 , 6 0 0 1 9 , 9 5 9 , 2 0 8 Ot h e r F i n a n c i n g S o u r c e s ( U s e s ) Tr a n s f e r t o C a p i t a l P r o j e c t F u n d - - - - - - - T r a n s f e r t o C P F f o r i m p l e m e n t a t i o n o f e n e r g y a u d i t e n h a n c e m e n t s Tr a n s f e r f r o m C o n f e r e n c e C e n t e r F u n d - 6 , 7 8 5 , 0 0 0 6 , 7 8 5 , 0 0 0 - 6 , 7 8 5 , 0 0 0 - 6 , 7 8 5 , 0 0 0 Tr a n s f e r f r o m C o n f C e n t e r F u n d s f o r G o l f C l u b h o u s e ( $ 3 . 8 M ) a n d F o r d P a r k F i e l d p r o j e c t s ( $ 3 . 5 M ) , ne t o f $ 5 1 5 K t r a n s f e r r e d i n 2 0 1 1 f o r p l a n n i n g / d e s i g n Re v e n u e O v e r ( U n d e r ) E x p e n d i t u r e s ( 1 , 6 0 9 , 0 5 9 ) ( 6 , 3 0 6 , 6 6 1 ) ( 7 , 9 1 5 , 7 2 0 ) ( 1 2 , 0 0 0 ) ( 7 , 9 2 7 , 7 2 0 ) - ( 7 , 9 2 7 , 7 2 0 ) Be g i n n i n g F u n d B a l a n c e 9 , 4 5 1 , 8 3 1 7 , 8 3 3 , 7 7 4 1 7 , 2 8 5 , 6 0 5 1 7 , 2 8 5 , 6 0 5 1 7 , 2 8 5 , 6 0 5 En d i n g F u n d B a l a n c e 7 , 8 4 2 , 7 7 2 $ 9 , 3 6 9 , 8 8 5 $ 9 , 3 5 7 , 8 8 5 $ 9 , 3 5 7 , 8 8 5 $ - 8 - 12/4/2012 Ordinance No. 20, Series of 2012 ORDINANCE NO. 20 SERIES OF 2012 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, AND REAL ESTATE TRANSFER TAX 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 $ 206,075 Capital Projects Fund 628,000 Real Estate Transfer Tax Fund 21,660 Total $ 855,735 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 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 12/4/2012 Ordinance No. 20, Series of 2012 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 4th day of December, 2012, and a public hearing shall be held on this Ordinance on the 18th day of December, 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 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: Second reading of Ordinance No. 17, Series 2012 Mil Levy Certification PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 17, Series 2012 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 17, Series 2012 ATTACHMENTS: Mil Levy 12/4/2012 TO: Vail Town Council FROM: Finance Department DATE: November 28, 2012 SUBJECT: Mil Levy Ordinance I. SUMMARY Authorization for the collection of property taxes in 2013 II. DISCUSSION You will be asked to approve the attached mil levy ordinance upon second reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2013 based upon 2012 assessed valuations of property within the town’s boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mil levy by December 15 of each year. The attached ordinance has been updated from the first reading to reflect revised assessed valuations from the county. The property tax authorized by the attached ordinance will generate $4.1 million in revenue in 2013, representing approximately 8% of the town’s total revenue. 12/4/2012 Ordinance 17, Series of 2012 ORDINANCE NO. 17 SERIES OF 2012 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2012 TAX YEAR AND PAYABLE IN THE 2013 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2012 year and payable in the 2013 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2013 fiscal year, the Town Council hereby levies a property tax of 4.766 mills upon each dollar of the total assessed valuation of $851,396,920 for the 2012 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,057,405 calculated as follows: Base mill levy 4.690 $3,993,051 Abatement levy .076 _ 64,354 Total mill levy 4.766 $4,057,405 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 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 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 12/4/2012 Ordinance 17, Series of 2012 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 ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 20th day of November, 2012. A public hearing shall be held hereon at 6 P.M. on the 4th day of December, 2012, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Ludwig Kurz, Mayor Pro Tem ATTEST: ________________________________ Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of December 2012. _____________________________ Andrew P. Daly, Mayor ATTEST: ________________________________ Lorelei Donaldson, Town Clerk 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: First Reading of Ordinance No. 23, Series of 2012, an Ordinance Approving a Franchise Agreement with Comcast of Colorado VI, LLC for the Provision of Cable Services in the Town of Vail. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 23, Series of 2012, on first reading. BACKGROUND: On April 2, 2007 and again on December 20, 2010, the Town received from Comcast Colorado VI, LLC ("Comcast") an application for renewal of its franchise agreement with the Town. During negotiations of a new franchise agreement, the existing franchise agreement was extended several times and during that time the Town discovered performance and technical issues that necessitated resolution prior to the approval of a new franchise agreement. In July 2011, the Town and Comcast entered into a Compliance Agreement to resolve the performance and technical issues. By July 2012, the performance and technical issues were resolved and the Compliance Agreement was fully performed. Article 12 of the Vail Town Charter authorizes the Town Council to grant franchises for a term not to exceed twenty (20) years. The procedures for renewal of franchise agreements for the provision of cable services is set forth in Chapter 5 of Title 8 of the Vail Town Code. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 23, Series of 2012, on first reading. ATTACHMENTS: Ordinance No. 23, Series of 2012 12/4/2012 Ordinance No. 23, Series of 2012 1 ORDINANCE NO. 23 SERIES 2012 AN ORDINANCE APPROVING A FRANCHISE AGREEMENT WITH COMCAST OF COLORADO VI, LLC FOR THE PROVISION OF CABLE SERVICES IN THE TOWN OF VAIL WHEREAS, the Town and TCI Cablevision (the predecessor of Comcast Colorado VI, LLC) entered into a franchise agreement on January 5, 1995 to allow TCI Cablevision to provide cable service to subscribers of such service in the Town of Vail, which franchise agreement expired on January 4, 2010; WHEREAS, on April 2, 2007 and again on December 20, 2010, the Town received from Comcast Colorado VI, LLC ("Comcast") an application for renewal of its franchise agreement with the Town; WHEREAS, during negotiations of a new franchise agreement, the existing franchise agreement was extended several times; WHEREAS, during negotiations of a new franchise agreement, the Town discovered performance and technical issues that necessitated resolution prior to the approval of a new franchise agreement; WHEREAS, in July 2011, the Town and Comcast entered into a Complia nce Agreement to resolve the performance and technical issues; WHEREAS, by July 2012, the performance and technical issues were resolved and the Compliance Agreement was fully performed; WHEREAS, Article 12 of the Vail Town Charter authorizes the Town Council to grant franchises for a term not to exceed twenty (20) years; WHEREAS, the procedures for renewal of franchise agreements for the provision of cable services is set forth in Chapter 5 of Title 8 of the Vail Town Code; and WHEREAS, the Town Council finds and determines that the franchise agreement with Comcast for the provision of cable services in the Town, in the form attached hereto and incorporated herein by this reference, complies with Article 12 of the Vail Town Charter and Chapter 5 of Title 8 of the Vail Town Code, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Franchise Agreement between the Town and Comcast is hereby approved in substantially the form attached hereto, subject to final a pproval by the Town Attorney, for a term of ten (10) years, commencing on January 1, 2013. 12/4/2012 Ordinance No. 23, Series of 2012 2 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, secti ons, 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 and the inhabitants thereof. Section 4. The amendment of any provision of the Vail 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of December, 2012 and a public hearing for second reading of this Ordinance set for the 18th day of December, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Andy Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk 12/4/2012 FRANCHISE AGREEMENT TABLE OF CONTENTS SECTION 1. DEFINITIONS .......................................................................................................1 SECTION 2. GRANT OF FRANCHISE ....................................................................................4 2.1 Grant.............................................................................................................................4 2.2 Use of Public Ways......................................................................................................5 2.3 Term.............................................................................................................................5 2.4 Effective Date..............................................................................................................5 2.5 Competitive Equity......................................................................................................6 2.6 Familiarity with Agreement and Acceptance...............................................................6 SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS.........................................6 3.1 Franchise Fee...............................................................................................................6 3.2 Payments......................................................................................................................7 3.3 Audits...........................................................................................................................7 3.4 Additional Commitments Not Franchise Fees.............................................................7 3.5 Payment on Termination..............................................................................................7 3.6 Service Packages..........................................................................................................8 3.7 Tax Liability.................................................................................................................8 SECTION 4. ADMINISTRATION AND REGULATION .......................................................8 4.1 Rates and Charges........................................................................................................8 4.2 No Rate Discrimination...............................................................................................8 4.3 Time Limits Strictly Construed....................................................................................8 4.4 Performance Evaluations.............................................................................................8 4.5 Late Fees and Disconnection.......................................................................................9 SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS .......................................9 5.1 Indemnification............................................................................................................9 5.2 Indemnification Procedures and Defense....................................................................9 5.3 Insurance....................................................................................................................10 5.4 Letter of Credit...........................................................................................................11 5.5 Performance Bond......................................................................................................12 SECTION 6. CUSTOMER SERVICE ......................................................................................12 6.1 Service Availability...................................................................................................12 6.2 Customer Service Standards......................................................................................12 6.3 Customer Privacy.......................................................................................................12 6.4 Customer Service Agreement and Manual................................................................13 12/4/2012 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC SECTION 7. RECORDS ............................................................................................................13 7.1 Required Records.......................................................................................................13 7.2 Proprietary Information..............................................................................................14 7.3 Copies of Federal and State Reports..........................................................................14 SECTION 8. PROGRAMMING ...............................................................................................14 8.1 Broad Programming Categories.................................................................................14 8.2 Obscenity...................................................................................................................15 8.3 Services for the Disabled...........................................................................................15 8.4 Parental Control Device.............................................................................................15 8.5 Complimentary Cable Service...................................................................................15 SECTION 9. ACCESS ................................................................................................................16 9.1 Access Channels........................................................................................................16 9.2 Triggers for Additional Access Channels..................................................................16 9.3 Underutilized Access Channels.................................................................................16 9.4 Access Channel Location...........................................................................................16 9.5 Access Channel Promotion........................................................................................17 9.6 PEG Fee.....................................................................................................................17 9.7 Return Lines...............................................................................................................17 SECTION 10. USE OF PUBLIC WAYS ..................................................................................17 10.1 Construction and Maintenance.................................................................................17 10.2 Location and Movement of Facilities.......................................................................18 10.3 Acquisition of Facilities...........................................................................................19 10.4 Reservation of Public Ways.....................................................................................19 10.5 Discontinued Facilities.............................................................................................19 10.6 Use of Conduit or Ducts...........................................................................................20 10.7 Undergrounding.......................................................................................................20 10.8 Tree Trimming.........................................................................................................20 10.9 GIS Mapping............................................................................................................21 SECTION 11. CABLE SYSTEM DESIGN AND TECHNICAL STANDARDS ..................21 11.1 Technical Performance.............................................................................................21 11.2 Cable System Performance Testing.........................................................................21 11.3 Standby Power..........................................................................................................21 SECTION 12. VIOLATIONS AND REVOCATION ..............................................................21 12.1 Procedure for Remedying Violations.......................................................................21 12.2 Alternative Remedies...............................................................................................22 12.3 Liquidated Damages.................................................................................................22 12/4/2012 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC 12.4 Revocation................................................................................................................23 12.5 Purchase of the Cable System..................................................................................24 SECTION 13. TRANSFER ........................................................................................................24 13.1 Transfer of Ownership or Control............................................................................24 SECTION 14. MISCELLANEOUS ..........................................................................................25 14.1 Cumulative Rights....................................................................................................25 14.2 Costs to be Borne by Comcast.................................................................................25 14.3 Binding Effect..........................................................................................................25 14.4 Modification.............................................................................................................26 14.5 Governing Law and Venue.......................................................................................26 14.6 No Joint Venture......................................................................................................26 14.7 Waiver......................................................................................................................26 14.8 Severability...............................................................................................................26 14.9 Force Majeure..........................................................................................................26 14.10 Entire Agreement...................................................................................................26 14.11 Notices....................................................................................................................26 12/4/2012 1 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC FRANCHISE AGREEMENT This Franchise Agreement ("Agreement") is made between the Town of Vail, Colorado, a Colorado home rule municipality (the "Town") and Comcast of Colorado VI, LLC ("Comcast"), on this ____ day of ___________________, 2012. WHEREAS, the Town, having determined that the financial, legal, and technical ability of Comcast is reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable-related needs of the community, desires to enter into this Agreement with Comcast for the operation and maintenance of a cable system on the terms and conditions set forth herein. NOW THEREFORE, the Town and Comcast agree as follows: SECTION 1. DEFINITIONS For purposes of this Agreement, the following terms shall have the following meanings, provided that terms not defined, or those defined, but not capitalized within the text, shall be given their common and ordinary meaning, and the word "shall" is always mandatory: "Access" includes Public Access, Educational Access and Governmental Access, collectively and means the availability for Noncommercial use by various governmental and educational agencies, institutions and organizations in the community of particular channels on the Cable System to receive and distribute Video Programming to subscribers as permitted under applicable law. "Access Channel" means any Channel designated for Access purposes or otherwise made available to facilitate Access programming. "Affiliate" when used in connection with Comcast means any Person who owns or controls, is owned or controlled by, or is under common ownership or control of Comcast. "Bad Debt" means amounts lawfully owed by a Customer and accrued as revenues on the books of Comcast, but not collected after reasonable efforts by Comcast. "Basic Service" means any Cable Service Tier that includes, at a minimum, the retransmission of local television Broadcast Signals and PEG Access Channels required in this Franchise and any additional programming added by the Town and made available to all Customers in the Franchise Area. "Broadcast Signal" means a television or radio signal transmitted over the air to a wide geographic audience, and received by a Cable System off-the-air by antenna, microwave, satellite dishes or any other means. "Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as amended by the Telecommunications Act of 1996, and any amendments thereto. "Cable Operator" means any Person or group of Persons, including Comcast, who provides Cable Service over the Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System or who otherwise controls or is responsible for, through any arrangement, the management and operation of the Cable System. 12/4/2012 2 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC "Cable Service" means the one-way transmission to Customers of Video Programming, or other programming service and Customer interaction, if any, that is required for the selection or use of such Video Programming or other programming service. "Cable System" means Comcast's facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, designed to provide Cable Service that includes Video Programming and provided to Customers in the Franchise Area. "Channel" means a portion of the frequency band capable of carrying a Video Programming Service or combination of Video Programming Services, whether by analog or digital signal, on a twenty-four (24) hour per day basis or a portion thereof. "Customer" means a Person who lawfully receives Cable Service from the Cable System with Comcast's express permission. "Designated Access Provider" means an entity designated by the Town to manage or co-manage Public, Educational or Governmental Access Channels and facilities. The Town may be a Designated Access Provider. "Dwelling Unit" means any building or portion thereof that has independent living facilities, including provisions for cooking, sanitation and sleeping, and that is designed for residential occupancy. "Educational Access" means Access where Schools are the primary users having editorial control over programming and services. "Emergency" means any condition constituting a clear and present danger to life or property. "Expanded Basic Service" means cable programming services not included in the Basic Service and excluding premium or pay-per-view services. "FCC" means the Federal Communications Commission or its lawful successor. "Fiber Optic" means a transmission medium of optical fiber cable, along with all associated electronics and equipment capable of carrying electric lightwave pulses. "Franchise Area" means the area within the jurisdictional boundaries of the Town, including any areas hereafter annexed by Town. "Franchise Fee" includes any tax, fee or assessment of any kind imposed by the Town on Comcast or Customers, or both solely because of their status as such, but excluding: (i) any tax, fee or assessment of general applicability (including any such tax, fee, or assessment on both utilities and Cable Operators or their services, but not including a tax, fee, or assessment that is unduly discriminatory against Cable Operators or cable Customers); (ii) capital costs that are required by the Agreement to be incurred by Comcast for Access facilities; (iii) requirements or charges incidental to the awarding or enforcing of the Agreement, including but not limited to, payments for bonds, letters of credit, insurance, indemnification, penalties or liquidated damages; or (iv) any fee imposed under Title l7, United States Code. "Governmental Access" means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. "Gross Revenue" means all revenue derived directly or indirectly by Comcast or its Affiliates from the operation of the Cable System in the Franchise Area, including without limitation 12/4/2012 3 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC monthly and other fees charged Customers for Cable Service including Basic Service, Expanded Basic Service, any expanded Tiers of Cable Service, other Tiers of Cable Service, optional Premium Service, pay-per-view and per-program Channels, Cable Service installation, disconnection, reconnection and change-in-service fees, Leased Access Channel fees, remote control rental fees, late fees and administrative fees, consideration received by Comcast from programmers for carriage of Cable Service on the Cable System and recognized as revenue under generally accepted accounting principles ("GAAP"), revenues from rentals of converters or other Cable System equipment, advertising sales revenues (including local, regional and a pro rata share of national advertising carried on the Cable System in the Franchise Area but excluding commissions paid to an unaffiliated agency), revenues from program guides, additional outlet fees, revenue from the sale or carriage of other Cable Service, and revenues from home shopping. Gross Revenue does not include (i) to the extent consistent with GAAP, Bad Debt, provided, however, that any part of such Bad Debt that is written off but subsequently collected shall be included in Gross Revenue in the period collected; or (ii) any taxes on services furnished by Comcast that are imposed directly on any Customer or user by the State, Town or other governmental unit and that are collected by Comcast on behalf of said governmental unit; or (iii) capital costs or contributions required by this Franchise. Franchise Fees are not a tax and are therefore included in Gross Revenue. "Headend" or "Hub" means a facility for signal reception and dissemination on a Cable System, including cable, antennas, wires, satellite dishes, monitors, switchers, modulators, processors for Broadcast Signals or other signals, and all other related equipment and Facilities. "Incremental Costs" means Comcast's direct and actual material and labor cost (excluding profit) of constructing, relocating or placing additional facilities for the Town, excluding the costs that Comcast would otherwise incur to construct, relocate or place facilities for Comcast including, but not limited to, trenching, pipe bedding, backfilling, compacting, restoring the surface, and other charges, costs or expenses. "Institutional Network" means that part of the Cable System facilities or capacity designated for use by non-residential Customers including communications to, from and among government agencies, schools, libraries and other public agencies. "Interconnect" or "Interconnection" means the provision of Access Channel programming to a geographically contiguous cable system, including technical, engineering, physical, and other necessary components to accomplish, complete and adequately maintain such provisioning. "Late fee" means and includes any assessment, charge, cost, fee or sum, however characterized, that Comcast imposes upon a Customer solely for late payment of a bill is a late fee. "Leased Access Channel" means any Channel or portion of a Channel commercially available for programming in accordance with Section 612 of the Cable Act. "Noncommercial" means, in the context of Access Channels, those particular products and services that are not promoted or sold in order to generate revenue that exceeds the costs of operations for the Town or any Designated Access Provider. This term shall not be interpreted to prohibit an Access Channel operator or programmer from soliciting and receiving contributions used to produce and transmit Video Programming on an Access Channel, or from acknowledging a contribution, in the manner of the Corporation for Public Broadcasting or some similar manner, subject to applicable law. 12/4/2012 4 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC "Person" means any natural person, lawful trustee, successor, assignee, transferee, or personal representative, sole proprietorship, partnership, joint venture, association, or limited liability entity or corporation, or any other form of entity or organization. "Public Access" means Access where any member of the general public may be a programmer on a nondiscriminatory basis, subject to operating rules formulated by the Town or its designee. Such rules shall not be designed to control the content of public access programming. Such rules may also address the extent to which and manner in which members of the general public who are not residents of the Town may be programmers on the Access Channel. "Public Way" means land in the Franchise Area acquired for or dedicated to the public and maintained under public authority, including but not limited to public streets, roads, highways, avenues, lanes, alleys, bridges, sidewalks, easements, and similar public property. "Residential Subscriber" means any Person who receives Cable Service delivered to a Dwelling Unit, excluding such multiple Dwelling Units billed on a bulk-billing basis. "Standard Installation" means a one hundred twenty five (125) foot drop connecting to the exterior demarcation point. "State" means the State of Colorado. "Tier" means a category of Cable Service provided by Comcast for which a separate rate is charged. "Video Programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, or cable programming provider primarily consisting of full motion video and audio. SECTION 2. GRANT OF FRANCHISE 2.1 Grant (A) The Town hereby grants to Comcast a nonexclusive authorization to make reasonable and lawful use of the Public Ways to construct, operate, maintain, reconstruct, repair and upgrade the Cable System for the purpose of providing Cable Service, subject to this Agreement and applicable law. Comcast shall provide Cable Service, as authorized by this Agreement, in the Franchise Area in accordance with line extension and density provisions as provided herein. The franchise granted by this Agreement is subject to all prior rights, interests, easements, or franchises granted by Town or its predecessors to any Person to any property or Public Way, including the right of the Town to use same for any purpose it lawfully deems fit. This Agreement conveys limited rights and interests in only those Public Ways in which the Town has an actual interest; it is not a warranty of title or interest in any property. (B) Comcast shall comply with the Vail Town Code and the lawful exercise of the Town’s police power. Subject to the Town’s lawful exercise of its police power, in the event of a conflict between the Vail Town Code and the Agreement, the Agreement shall govern. Comcast acknowledges that the Town may enforce or modify its generally applicable regulatory policies by lawful exercise of the Town's police powers throughout the term of this Agreement, and Comcast agrees to comply with such lawful enforcement or modifications. Comcast reserves the right to challenge provisions of any ordinance, rule, regulation or other enactment of the Town that conflicts with its contractual rights under the Franchise, either now or in the future. This 12/4/2012 5 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC Agreement shall not be interpreted to prevent the Town from imposing other conditions, to the extent permitted by law. (C) No rights shall pass to Comcast by implication. Without limiting the foregoing, by way of example and not limitation, this Agreement shall not be a substitute for: any other permit or authorization required for the privilege of transacting and carrying on a business within the Town that is required by the Town; any permit, agreement or authorization required by the Town for Public Way users in connection with operations on or in Public Ways or public property; or any permits or agreements for occupying any other property to which access is not specifically granted by this Agreement. (D) This Agreement is an express authorization to provide Cable Service only. This Agreement is not a bar to the imposition of any lawful conditions on Comcast with respect to non-Cable Service, telecommunications services or information services, whether similar, different or the same as the condition specified herein. This Agreement does not relieve Comcast of any obligation it may have to obtain from the Town an authorization to provide non- Cable Service, telecommunications services or information services or relieve Comcast of its obligation to comply with any such authorization(s) that may be lawfully required. (E) This Agreement shall have no effect on any obligation of Comcast in effect prior to the effective date of this Agreement to indemnify or insure the Town against acts and omissions occurring during the period that the prior franchise agreement was in effect, nor shall it have any affect upon liability to pay Franchise Fees that were due and owed under a prior franchise. 2.2 Use of Public Ways (A) Subject to the Vail Town Code, as amended, Comcast may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, through, below and along the Public Ways, such wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the Cable System. (B) Comcast shall install Cable System facilities in a manner that minimizes interference with the use of the Public Ways by others. To protect public health, safety and welfare, the Town may: require that Cable System facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular Public Ways; deny access if Comcast is not willing to comply with Town's requirements; remove, or require removal of, any facility that is not installed in compliance with the requirements established by Town, or that is installed without prior Town approval of the time, place or manner of installation and charge Comcast for all the costs associated with removal; and require Comcast to cooperate with others to minimize adverse impacts on the Public Ways through joint trenching and other arrangements. 2.3 Term This Agreement shall have a term of ten (10) years, beginning on the Effective Date. 2.4 Effective Date The Effective Date of this Agreement shall be January 1, 2013. 12/4/2012 6 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC 2.5 Competitive Equity (A) Comcast acknowledges and agrees that the Town reserves the right to grant additional franchises to provide Cable Service in the Franchise Area; provided that if any such franchise is granted by the Town which, in the reasonable opinion of Comcast, contains more favorable or less burdensome Material Terms and Conditions than this Agreement, the Town agrees that, within ninety (90) days of Comcast's request, the parties shall amend this Franchise to insure that the regulatory and financial burdens on each entity are materially equivalent. "Material Terms and Conditions" includes without limitation: Franchise Fees; insurance coverage amounts; System build-out requirements; Public, Education and Government Access Channels and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. The parties agree that this Subsection does not require a word for word identical franchise or authorization for a competitive entity if the regulatory and financial burdens on each entity are materially equivalent. (B) If an application for a new cable franchise is filed with the Town proposing to serve the Franchise Area, in whole or in part, the Town shall make a good faith effort to provide notice of such application upon Comcast prior to acting on the application. (C) Notwithstanding any provisions to the contrary, at any time that a facilities-based Cable Services provider, legally authorized by state or Federal law, makes Cable Services or multiple Channels of Video Programming within the Franchise Area available for purchase by Customers without a franchise or other similar lawful authorization granted by the Town, then Comcast may seek modification pursuant to subsection (A) hereof, or the term of this Franchise shall, upon ninety (90) days written notice from Comcast, be shortened so that the Franchise shall be deemed to expire on a date six (6) months from the first day of the month following the date of Comcast's notice; provided, however, that if the provision of Cable Services or Video Programming by the other facilities-based Cable Services Provider within the Franchise Area is being legally challenged by the Town, the term of this Franchise shall remain unaffected until such legal challenge is concluded. 2.6 Familiarity with Agreement and Acceptance (A) Comcast acknowledges and warrants that it has carefully read and fully comprehends the terms of this Agreement and that it has fully considered the requirements of this Agreement, and finds that the same are commercially practicable at this time and consistent with all local, State and federal laws and regulations currently in effect. (B) By executing this Agreement, Comcast: (1) acknowledges and accepts the Town's legal right to issue and enforce the Agreement; (2) agrees that it will not oppose the Town's lawful intervention in any legal or regulatory proceeding affecting the Cable System; (3) accepts and agrees to comply with every provision of this Agreement; and (4) agrees that the Agreement was negotiated in compliance with applicable law, and that it will not raise any claim to the contrary. SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS 3.1 Franchise Fee As compensation for the use of the Public Ways, Comcast shall pay as a Franchise Fee to Town, for the duration of this Agreement, an amount equal to five percent (5%) of Comcast's Gross Revenue. 12/4/2012 7 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC 3.2 Payments (A) Franchise Fee payments to Town shall be computed quarterly for the preceding calendar quarter ending March 31, June 30, September 30, and December 31. Each quarterly payment shall be due and payable no later than thirty (30) days after said dates. For untimely payments, Comcast shall pay, in addition to the payment or sum due, interest from the due date at the rate of eight percent (8%) per annum until the date the Town receives the payment. (B) No acceptance of payment shall be construed as an accord by Town that the amount paid is the correct amount, nor shall an acceptance of payment be construed as a release of any claim Town may have against Comcast. The period of limitation for recovery of Franchise Fees payable hereunder shall be three (3) years from the date on which payment by Comcast was due or such shorter period of time if so provided by law. (C) A report prepared by a representative of Comcast showing the basis for the computation of the Franchise Fees paid during that period shall either accompany the Franchise Fee payment or be provided under separate cover within ten days of the report. 3.3 Audits (A) On an annual basis, upon thirty (30) days' prior written notice, the Town may conduct an independent audit of Comcast's financial records necessary to ensure compliance with this Agreement. If Comcast cooperates in making all relevant records available upon request, the Town will in good faith attempt to complete each audit within six (6) months, and the audit period shall not be any greater than the previous three (3) years. (B) Additional amounts due to the Town as a result of the audit shall be paid within sixty (60) days following written notice to Comcast. If a Franchise Fee underpayment is discovered as the result of an audit, Comcast shall pay, in addition to the amount due, interest at the maximum allowed rate as provided under State law calculated from the date the underpayment was originally due until the date the Town receives the payment. (C) If the audit shows that Franchise Fees have been underpaid by five percent (5%) or more in a calendar year, Comcast shall pay the actual cost of the audit in a total amount not to exceed $10,000. 3.4 Additional Commitments Not Franchise Fees No term of this Agreement shall affect Comcast's obligation to pay Franchise Fees. Although the total sum of Franchise Fee payments and additional commitments set forth elsewhere in this Agreement may total more than five percent (5%) of Gross Revenue in any twelve-month period, Comcast agrees that the additional commitments regarding PEG funding and Access Channels are not Franchise Fees, nor are they to be offset or credited against Franchise Fee payments unless specifically provided by applicable law. 3.5 Payment on Termination Within one hundred twenty (120) days of termination of this Agreement, Comcast shall file with the Town a financial statement, certified by an independent certified public accountant, showing the Gross Revenue received by Comcast since the end of the previous fiscal year. Within forty five (45) days of the filing of the certified statement with the Town, Comcast shall pay any unpaid amounts as indicated. If Comcast fails to satisfy its remaining financial obligations as 12/4/2012 8 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC required in this Agreement, the Town may do so by utilizing the funds available in a Letter of Credit or other security provided by Comcast. 3.6 Service Packages If Comcast offers bundled Cable Service and non-Cable Service to Customers, Comcast shall fairly and reasonably allocate revenue with regard to Cable Service. 3.7 Tax Liability The Franchise Fees shall be in addition to all taxes or other levies or assessments now or hereafter required to be paid by businesses by any applicable law including without limitation sales, use, utility and other taxes, and business license fees. SECTION 4. ADMINISTRATION AND REGULATION 4.1 Rates and Charges (A) Comcast's rates and charges for Cable Service shall be subject to regulation by Town to the full extent authorized by applicable federal, State and local laws. Customer billing shall be itemized by service pursuant to FCC Regulation, 47 C.F.R. § 76.1619 or as amended. (B) Comcast will use best efforts to maintain with the Town a current schedule of applicable rates charged for Cable Service provided under this Agreement. The Town recognizes that such rates change periodically, and if the Town clerk has reason to believe that the schedule of rates on file is not up to date, then upon three (3) days advance request, Comcast shall provide the Town with a current and complete schedule of applicable rates and charges for Cable Service provided to Customers in the Town. Nothing in this Subsection shall be construed to require Comcast to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns. 4.2 No Rate Discrimination All Comcast rates and charges shall be published (in the form of a publicly-available rate card), made available to the public, and shall be non-discriminatory as to all Persons of similar classes, under similar circumstances. Nothing herein shall be construed to prohibit: (1) The temporary reduction or waiving of rates or charges in conjunction with promotional campaigns; (2) The offering of reasonable discounts to similarly situated Persons; or (3) The offering of bulk discounts for multiple Dwelling Units. 4.3 Time Limits Strictly Construed When this Agreement sets forth a time for any act to be performed by Comcast, such time shall be deemed to be of the essence, and any failure of Comcast to perform within the allotted time may be considered a breach of this Agreement. 4.4 Performance Evaluations Special evaluation sessions may be held at any time upon written request and upon not less than thirty (30) days prior notice by the Town during the term of this Agreement. All such evaluation sessions shall be open to the public. Topics that may be discussed at any evaluation session may include those issues surrounding Comcast's failure to comply with the terms of the Agreement 12/4/2012 9 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC provided that nothing in this Subsection shall be construed as requiring the renegotiation of this Agreement or any term or provision therein and further provided that this Subsection need not be followed before other legal or equitable remedies within this Agreement. 4.5 Late Fees and Disconnection Comcast's late fee and disconnection policies and practices shall be nondiscriminatory, and such policies and practices, and any fees imposed pursuant to this Subsection, shall apply equally throughout the Franchise Area without regard to the neighborhood or income level of the Customers. SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS 5.1 Indemnification (A) Comcast, at its own expense, shall indemnify, defend and hold harmless the Town, its officers, officials, boards, commissions, agents, representatives and employees, from any action or claim for injury, damage, loss, liability, settlement, proceeding, judgment, or cost or expense, including court and appeal costs and attorney fees and expenses, arising from any casualty or accident to Person or property, including, without limitation, copyright infringement, defamation, and all other damages in any way arising out of, or by reason of, any construction, excavation, erection, operation, maintenance, repair or reconstruction, or any other act done under this Agreement, by or for Comcast, its authorized agents, or by reason of any neglect or omission of Comcast, its authorized agents or its employees. Comcast shall consult and cooperate with the Town while conducting its defense of the Town. (B) The provisions of this Section 5 shall survive the termination of this Agreement unless superseded by indemnification provisions in a new franchise or in federal or state law. (C) Subject to applicable law, Comcast shall indemnify the Town for any damages, including but not limited to damages incurred as a result of delay, payable by the Town related to Comcast's failure to properly install, remove, adjust or relocate any of its facilities in the Public Ways in accordance with any lawful relocation required by the Town. (D) Comcast shall also indemnify, defend and hold the Town harmless for any claim for injury, damage, loss, liability, cost and expense, including court and appeal costs and attorney fees and expenses in any way arising out of any failure by Comcast to secure consents from the owners, authorized distributors or franchisees/licensors of programs to be delivered by the Cable System, provided however, that Comcast will not be required to indemnify the Town for any claims arising out of the use of Access Channels by the Town or its Designated Access Provider or use by the Town of the emergency alert system. 5.2 Indemnification Procedures and Defense (A) If a claim or action arises, the Town or any other indemnified party shall promptly tender the defense of the claim or action to Comcast, which defense shall be at Comcast's expense. The Town may participate in the defense of a claim and Comcast may not agree to any settlement of claims without the Town's written approval, which shall not be unreasonably withheld. (B) The fact that Comcast carries out any activities under this Agreement through independent contractors shall not constitute an avoidance of or defense to Comcast's duty of defense and indemnification. 12/4/2012 10 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC (C) If separate representation is necessary, such as a conflict of interest between the Town and the counsel selected by Comcast to represent the Town, Comcast shall select other counsel. 5.3 Insurance (A) Comcast shall maintain at all times in full force and effect at its own expense each of the following policies of insurance: (1) Commercial General Liability coverage for bodily injury, personal injury, and property damage with limits of no less than two million dollars ($2,000,000) per occurrence. The general aggregate limit shall be no less than five million dollars ($5,000,000). (2) Commercial Automobile Liability Insurance with minimum combined single limits of at least three million dollars ($3,000,000) each occurrence and five million dollars ($5,000,000) aggregate with respect to each of Comcast's owned, hired and non- owned, or any other vehicles assigned to or used in any activities authorized under or used in conjunction with this Agreement. (3) Employer's Liability with limits of at least one million dollars ($1,000,000). (4) Workers' Compensation insurance shall be maintained during the life of this Agreement to comply with State law for all employees. (B) Each policy shall provide that the insurance shall not be canceled or terminated so as to be out of compliance with these requirements without forty-five (45) days' prior written notice, and ten (10) days' notice for nonpayment of any premium. Comcast shall maintain continuous uninterrupted insurance coverage, in at least the amounts required, until all work required to be performed under the terms of this Agreement is satisfactorily completed and, in the case of Commercial General Liability Insurance, for at least one (1) year after termination of this Agreement. A failure of Comcast to comply with any claim reporting provisions or any breach of an insurance policy warranty shall not affect coverage afforded under the policy to protect the Town. However, if coverage is not afforded under these circumstances, Comcast shall indemnify the Town for losses the Town otherwise would have been covered for as an additional insured. (C) All insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the Town, its officers, officials, agents, and employees for any claims arising out of Comcast's work or service. Comcast shall be responsible for deductibles or self-insured retention. (D) All policies shall contain, or shall be endorsed so that: (1) The Town and its officers, officials, boards, commissions, agents, representatives, and employees are to be covered as, and have the rights of, additional insureds with respect to liability arising out of activities performed by, or on behalf of, Comcast under this Agreement or applicable law, or in the construction, operation, upgrade, maintenance, repair, replacement or ownership of the Cable System; (2) Comcast's insurance coverage shall be primary insurance with respect to the Town and its officers, officials, boards, commissions, agents, volunteers and employees. Any insurance or self insurance maintained by the Town or its officers, officials, boards, 12/4/2012 11 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC commissions, agents, representatives, volunteers or employees shall be in excess of Comcast's insurance and shall not contribute to it, provided the occurrence arises out of Comcast's negligence; and (3) Comcast's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability. (E) Comcast shall furnish the Town with certificates of insurance and an endorsement reflecting additional insured status. The certificates for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices, and are to be received and approved by the Town at the time of acceptance of this Agreement by Comcast with existing insurance coverage to be maintained by Comcast until that date. Comcast hereby warrants that its insurance policies satisfy the requirements of this Agreement. (F) The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on liability or indemnification. 5.4 Letter of Credit (A) On the Effective Date, Comcast shall provide to the Town as security for the faithful performance by Comcast of all provisions of this Agreement, a letter of credit from a financial institution satisfactory to the Town in the amount of fifty thousand dollars ($50,000) (the "Initial Letter of Credit"). If, on December 31, 2014, Comcast is in compliance with this Agreement, including without limitation the Customer Service Standards, the Town shall release the Initial Letter of Credit, and Comcast shall provide the performance bond required by Section 5.5 hereof. (B) At any time during the term of this Agreement after the Initial Letter of Credit has been released by the Town, if there is a claim by the Town of an uncured breach by Comcast of a provision of this Franchise, then the Town may require and Comcast shall reestablish and provide, as quickly as possible, but no later than thirty (30) days after a request from the Town, a letter of credit from a financial institution satisfactory to the Town in the amount of fifty thousand dollars ($50,000). (C) After completion of the procedures set forth in Section 12.1 or other applicable provisions of this Franchise, the letter of credit may be drawn upon by the Town for purposes that include, but are not limited to the following: (1) Failure of Comcast to pay the Town sums due under this Agreement; (2) Reimbursement of costs borne by the Town to correct violations not corrected by Comcast; and (3) Liquidated damages assessed against Comcast as provided in this Agreement. (D) The Town shall give Comcast written notice of any withdrawal under this Subsection upon such withdrawal. Within ten (10) days following receipt of such notice, Comcast shall restore the letter of credit to the amount required under this Agreement. 12/4/2012 12 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC 5.5 Performance Bond Within seven (7) days of the release of the Initial Letter of Credit, Comcast shall provide a performance bond to the Town in the amount of fifty thousand dollars ($50,000) to ensure the faithful performance of its responsibilities under this Agreement and applicable law, including, by way of example and not limitation, its obligations to relocate and remove its facilities and to restore property. Comcast may be required to obtain additional bonds, such as generally applicable construction bonds, in accordance with the Vail Town Code. All bonds shall be in a form approved by the Town Attorney. Comcast shall pay all premiums or costs associated with maintaining the bonds, and shall keep the same in full force and effect at all times. SECTION 6. CUSTOMER SERVICE 6.1 Service Availability (A) Except as otherwise provided herein, Comcast shall provide a standard aerial installation of Cable Service within seven (7) days of a request by any Person in the Franchise Area. Standard Installations shall be done within seven (7) days of a request for service. Comcast shall provide such service: (1) With no extension charge except as specifically authorized by this Agreement; (2) At a non-discriminatory installation charge for a Standard Installation and with additional charges for non-Standard Installations computed according to a non- discriminatory methodology for such installations; and (3) At non-discriminatory monthly rates for all Customers, excepting commercial Customers, Multiple Dwelling Unit Bulk Customers and other lawful exceptions to uniform pricing. (B) No Person shall be refused service arbitrarily. However, for non-Standard Installations or a density of less than twenty five (25) residences per 5280 aerial cable-bearing strand feet of trunk or distribution cable, or sixty (60) residences per 5280 underground trench feet of trunk or distribution cable, Cable Service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. Comcast may require that the payment of the capital contribution in aid of construction be borne by such potential Customers and be paid in advance. 6.2 Customer Service Standards Comcast shall comply with the Customer service standards in 47 C.F.R. §§ 76.309, 76.1602, 76.1603 and 76.1619, and any local standards adopted in accordance with applicable law. Comcast acknowledges the Town's ability to enact customer service standards that exceed those enacted by the FCC and the Town acknowledges Comcast's right to recover the costs associated with complying with such standards. Comcast shall not enter into a contract with any Customer that is in any way inconsistent with the terms of this Agreement, or the requirements of any applicable Customer service standards. 6.3 Customer Privacy Comcast shall comply with privacy rights of Customers in accordance with applicable law. 12/4/2012 13 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC 6.4 Customer Service Agreement and Manual (A) Comcast shall provide to Customers an accurate, comprehensive service agreement and customer installation packet for use in establishing Customer service. This material shall, at a minimum, contain the following: (1) Comcast's procedure for investigation and resolution of Customer complaints; (2) Services to be provided and rates for such services; (3) Billing procedures; (4) Service termination procedure; (5) A complete statement of the Customer's right to privacy; (6) Equipment policy; and, (7) The name, address and phone number of the Customer service department that is responsible for handling questions and complaints for Comcast. (B) A copy of the current installation packet shall be available to each Customer: (1) at the time of initial installation and at any time the packet is requested by the Customer. SECTION 7. RECORDS 7.1 Required Records (A) Comcast shall at all times maintain: (1) Access to a full and complete set of plans, records and maps showing the location of all Cable System facilities in Public Ways; (2) A copy of all FCC filings on behalf of Comcast, its parent corporations or Affiliates that relate to the operation of the Cable System in the Franchise Area; (3) A list of Comcast's rates and Channel line-ups; and, (4) Financial records as required by Section 3 hereof. (B) The Town, upon reasonable prior written notice to Comcast, may review Comcast's records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Comcast's compliance with this Agreement, including without limitation any records required to be kept in a public file by Comcast pursuant to FCC rules and regulations. All such records shall be retained by Comcast for at least three (3) years. Comcast shall not deny the Town access to any of Comcast's records on the basis that Comcast's records are under the control of any parent corporation, Affiliate or a third party. The Town may request in writing copies of such records that are reasonably necessary, and Comcast shall provide such copies within thirty (30) days at Comcast's sole expense. If the requested records are too voluminous, or for security reasons cannot be copied or removed, then Comcast may request, in writing within ten (10) days of receipt of such request, that the Town inspect them at Comcast's local offices or at one of Comcast's offices more convenient to Town or its duly authorized agent. If any records of Comcast are not kept in such office and not made available to the Town upon written request, and if the Town determines that an examination of such records is necessary for the enforcement 12/4/2012 14 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC of this Agreement, then all reasonable travel expenses incurred in making such examination shall be paid by Comcast. (C) Comcast shall maintain at its business office, in a file available for public inspection during regular business hours, those documents required pursuant to FCC rules and regulations. (D) Comcast shall keep an accurate and comprehensive compilation of any and all Customer complaints received and Comcast's actions in response to those complaints, in a manner consistent with the privacy rights of Customers. Comcast shall provide an executive summary report to the Town on an annual basis within one hundred twenty (120) days of the end of each year that shall include the following information: (1) Nature, date and type of Customer complaints escalated to Comcast by the Town in writing and date complaints were resolved; (2) Average response time for service calls; (3) Phone activity report; (4) A summary of the previous year's activities regarding the development of the Cable System, including, beginning and ending plant miles constructed; (5) An annual report of the company on Form 10-K that is filed with the U.S. Securities and Exchange Commission; and, (6) A copy of all Comcast's rules and regulations applicable to Customers. 7.2 Proprietary Information If Comcast provides records to the Town, the Town agrees to keep confidential any proprietary information to the extent permitted by law. Comcast shall be responsible for clearly and conspicuously identifying the work proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under applicable law. 7.3 Copies of Federal and State Reports Within thirty (30) days of the Town's written request, Comcast shall submit to the Town copies of any pleading, application, notification, communication or document of any kind, submitted by Comcast or an Affiliate to any federal, State or local court, regulatory agency or other government body if such documents relate to the operations of the Cable System. Comcast shall not claim confidential, privileged or proprietary rights to such documents, unless under federal, State, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or State agency. With respect to all other reports, documents and notifications provided to any federal, State or local regulatory agency as a routine matter in the due course of operating the Cable System, Comcast shall make such documents available to the Town upon the Town's written request. SECTION 8. PROGRAMMING 8.1 Broad Programming Categories (A) Comcast shall provide at least the following initial broad categories of programming to the extent such categories are reasonably available. Educational programming; 12/4/2012 15 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC News, weather and information; Sports; General entertainment including movies; Foreign language programming; Children’s programming; Family oriented programming; Arts, culture, performing arts programming; Science and documentary programming; National/international news; and Local/regional news. (B) Comcast shall not delete or so limit as to effectively delete any broad category of programming within its control without prior written notice to the Town. (C) In the event of a modification proceeding under federal law, the mix and quality of Cable Service provided by Comcast shall follow the guidelines of Federal law. 8.2 Obscenity Comcast shall not transmit, or permit to be transmitted, over any Channel subject to its editorial control any programming which is obscene under applicable federal, State or local laws. 8.3 Services for the Disabled In providing Cable Service to the disabled, Comcast shall comply with the Americans With Disabilities Act, as amended. 8.4 Parental Control Device Upon request by any Customer, Comcast shall make available at no charge a parental control device to enable a Customer to control access to both the audio and video portions of any Channels. Comcast shall inform its Customers of the availability of the device at the time of their initial subscription and upon request. 8.5 Complimentary Cable Service Comcast, upon request, shall provide without charge, a Standard Installation and one outlet of Basic Service to those buildings now existing, acquired or hereafter constructed that are either owned and occupied or leased and occupied by the Town, its designee or other governmental entity, including without limitation fire stations, police stations, libraries, schools and the Access studio, provided that they are already served or are within one hundred twenty-five (125) feet of the Cable System. The Cable Service provided shall not be distributed beyond the originally installed outlet without authorization from Comcast, which shall not be unreasonably withheld. In the case of leased facilities, the recipient of service is responsible for securing approval for appropriate right of entry suitable to Comcast in its reasonable discretion. The Cable Service provided shall not be used for commercial purposes or in golf course clubhouses. For new hookups, Comcast shall not provide an outlet to such buildings where a non-Standard Installation 12/4/2012 16 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC is required, unless the Town or building owner/occupant agrees to pay the cost of the non- Standard Installation. SECTION 9. ACCESS 9.1 Access Channels (A) Comcast shall provide, at no charge, two (2) Public, Educational or Governmental (PEG) Access Channels. (B) The Town may delegate management of the PEG Access Channels to a Designated Access Provider. (C) All PEG Access Channels provided for in this Agreement shall be carried system-wide in the Franchise Area, and shall be provided on the Basic Service tier unless otherwise agreed to by the parties. (D) The technical quality of the PEG Access Channels shall not be lower than the quality of other Channels on the same tier of service, at the same technical quality that programming is provided to Comcast by the Town or its Designated Access Provider. (E) The Town shall establish and enforce rules for use of the PEG Access Channels to assure nondiscriminatory access to the Channels to similarly situated users; and to promote use and viewership of the channels, consistent with applicable law. PEG Access Channels may not be used for commercial purposes. (F) Comcast may not exercise any editorial control over the content of programming on the PEG Access Channels. 9.2 Triggers for Additional Access Channels The Town may require Comcast to make available up to one (1) additional Access Channel when the Access Channels required by Subsection 9.1 are used for locally scheduled original programming for at least forty eight (48) hours per week between 9:00 a.m. and midnight during any consecutive ten (10) week period, and then Comcast shall make available, upon written request, within six (6) months, one additional Access Channel for Access Programming purposes. The programming of any additional Access Channel shall contain distinct and non- repetitive programming of the other Access Channels. 9.3 Underutilized Access Channels Comcast and the Town agree that it is their mutual goal to fully and efficiently use the Channel capacity of the Cable System, which may include allowing Comcast to use underutilized Access Channels. If Comcast believes that any Access Channel is underutilized, Comcast may file a request with the Town to use that Access Channel. The Town shall in its sole discretion render a decision regarding the matter within six (6) months of receiving the request. Should the Town find that the Access Channel may be used by Comcast, then Comcast may begin using such Channel thirty (30) days after receipt of the decision, until such time as the Town requires that the Channel again be available for Access purposes in accordance with Subsection 9.2. 9.4 Access Channel Location (A) Comcast shall use its best efforts to minimize the movement of Access Channel assignments. Comcast shall provide to the Town a minimum of ninety (90) days prior written 12/4/2012 17 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC notice, prior to any relocation of its Access Channels, unless the change is required by federal law, in which case Comcast shall give the Town the maximum notice possible. Comcast shall pay the Town two thousand dollars ($2,000) per Access Channel, per move. (B) Comcast, at Comcast's expense, shall include notice of Access Channel changes in its regular monthly billing. 9.5 Access Channel Promotion Upon request, and when space is available, Comcast shall provide the Town the opportunity to include one bill insertion per year. The Town shall be responsible for the costs of printing its bill insertions, the cost of inserting the information into Comcast's bills and for any incremental postage costs. Comcast shall be provided an opportunity to review all bill insertions. 9.6 PEG Fee (A) Within ninety (90) days of a written request by the Town, Comcast shall collect and provide to Town an amount equal to twenty-five cents ($0.25) per Residential Subscriber per month as capital support for PEG access ("PEG Fee"). Comcast shall make PEG Fee payments quarterly, no later than thirty (30) days following the end of the quarter. The Town has the right to reduce or increase the PEG Fee up to a maximum of fifty cents ($0.50) per Residential Subscriber per month, after holding a public hearing and inviting public comment on the matter. The Town shall notify Comcast in writing of any changes to the PEG Fee at least sixty (60) days prior to such change. (B) To the extent permitted by law, the PEG Fee may be itemized on Customer billing statements and recovered from Customers over the term of this Agreement. Comcast shall not be responsible for paying the PEG Fee with respect to gratis or Bad Debt accounts. 9.7 Return Lines (A) Comcast shall maintain the return lines from all existing Access broadcast facilities to the Headend in order to enable the distribution of programming to Customers on the Access Channels. Comcast shall continuously maintain these return lines throughout the term of the Agreement, unless any of these locations are no longer used in the future to originate Access programming. (B) Within eighteen (18) months of written request by the Town, Comcast shall construct and maintain additional return lines to other locations in the Franchise Area; provided however, that Comcast's construction costs shall be paid by the Town or its Designated Access Provider. (C) Return Lines shall be maintained by Comcast in the same manner as the rest of the Cable System so that Access Channels may be viewed at the same quality that is provided by the Town or its Designated Access Provider. SECTION 10. USE OF PUBLIC WAYS 10.1 Construction and Maintenance (A) The Cable System shall be constructed and maintained so as not to interfere with sewers, water pipes, or any other property of Town, or with any other pipes, wires, conduits, pedestals, structures or other facilities installed in Public Ways. 12/4/2012 18 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC (B) In its maintenance and construction of the Cable System, Comcast shall comply with the Vail Town Code. All construction and maintenance of Comcast's facilities within Public Ways shall, regardless of who performs the construction, be and remain Comcast's responsibility. (C) Comcast's contractors and subcontractors shall be licensed and bonded in accordance with the Town's ordinances, regulations and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Comcast. Comcast shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it, and shall ensure that all such work is performed in compliance with this Agreement and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Comcast's responsibility to ensure that contractors, subcontractors or other Persons performing work on Comcast's behalf are familiar with the requirements of this Agreement and other applicable laws governing the work performed by them. (D) Comcast shall give reasonable notice to private property owners of construction work in adjacent Public Ways. (E) If Comcast disturbs, alters, or damages any public or private property, Comcast shall at its own expense replace and restore any such Public Way or property to a condition equal to the condition of the property existing immediately prior to the disturbance. (F) The Town may inspect any of Comcast's facilities or construction upon at least twenty- four (24) hours' notice, or, in case of emergency, without prior notice, and the Town may charge Comcast generally applicable inspection fees therefor. If an unsafe condition is found, the Town, in addition to taking any other action permitted under applicable law, may order Comcast to make necessary repairs and alterations to correct the unsafe condition by a time the Town establishes. The Town may correct, inspect, administer and repair the unsafe condition if Comcast fails to do so, and to charge Comcast therefor. (G) On notice from Town that any work is being conducted contrary to this Agreement, or in violation of the terms of any applicable law or permit, the work may immediately be stopped by Town. The stop work order shall: be in writing; be given to the Person doing the work or posted on the work site; be sent to Comcast by mail; indicate the nature of the alleged violation or unsafe condition; and establish conditions under which work may be resumed. 10.2 Location and Movement of Facilities (A) After the Town or any franchisee or permittee of the Town notifies Comcast of a proposed Public Way excavation, or design of any project impacting facilities in the Public Way, Comcast shall, at Comcast's expense, mark on the surface all of its located underground facilities within the area of the proposed excavation in accordance with applicable law. (B) The Town may remove or disconnect Comcast's facilities and equipment located in the Public Way or on any other property of the Town in the case of an emergency. Except in an emergency, the Town shall provide reasonable notice to Comcast prior to taking such action and shall provide Comcast with the opportunity to perform such action. Following notice by the Town, Comcast shall remove, replace, relocate, modify or disconnect any of its facilities in a Public Way or on any other property of the Town, except that the Town shall provide at least ninety (90) days written notice of any major capital improvement project that would require the removal, relocation, replacement, modification or disconnection of Comcast's facilities or 12/4/2012 19 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC equipment. If Comcast fails to complete this work within the time prescribed and to the Town's satisfaction, the Town may cause such work to be done at Comcast's expense. Comcast shall remit payment to Town within thirty (30) days of receipt of an itemized list of those costs. (C) If the Town requires Comcast to relocate its facilities located in a Public Way, the Town shall make a reasonable effort to provide Comcast with an alternate location within the Public Way. If funds are generally made available to users of the Public Way for such relocation, Comcast shall be entitled to its pro rata share of such funds. (C) At the request of any Person holding a valid permit and upon reasonable advance notice, Comcast shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The cost of such temporary change may be charged by Comcast to the permit holder, and Comcast may require the estimated payment in advance. Such payment is an exchange between Comcast and the permittee, and the Town will not be the administrator of these transactions. 10.3 Acquisition of Facilities Upon Comcast's acquisition of Cable System related facilities in any Public Way, or upon the addition or annexation to the Town of any area in which Comcast owns or operates any facility, such facilities shall be subject to the terms of this Agreement. The Town acknowledges that inclusion of revenue from Customers affected by annexation to the Town will require ninety (90) days to make changes in the billing system affecting those Customers. 10.4 Reservation of Public Ways Nothing in this Agreement shall prevent the Town from constructing any public improvement, or from permitting other utilities the use of the Public Ways. If the Cable System interferes with the construction, maintenance or repair of any Public Way or public improvement, the Cable System shall be removed or relocated in the area the Town directs. If the Town requires Comcast to relocate its facilities located within the Public Way, the Town shall make a reasonable effort to provide Comcast with an alternate location within the Public Way. All such removal or relocation shall be preceded by sixty (60) days written notice or such additional time as may be provided by Town. Should Comcast fail to remove, adjust or relocate its facilities by the date established by the Town, the Town may effect such removal, adjustment or relocation at Comcast's sole expense. If funds are generally made available to users of the Public Way for such relocation, Comcast shall be entitled to its pro rata share of such funds. 10.5 Discontinued Facilities (A) When Comcast intends to discontinue using any facility within a Public Way, Comcast shall submit to Town a complete description of the facility and the date on which Comcast intends to discontinue using the facility. Comcast may remove the facility or request that the Town allow it to remain in place. Notwithstanding Comcast's request that any such facility remain in place, the Town may require Comcast to remove the facility from the Public Way or modify the facility to protect the public health, welfare, safety and convenience. The Town may require Comcast to perform a combination of modification and removal of the facility. (B) Comcast shall complete such removal or modification in accordance with a schedule set by the Town. Until Comcast removes or modifies the facility as directed by the Town, or until the rights to and responsibility for the facility are accepted by another Person having authority to 12/4/2012 20 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC construct and maintain such facility, Comcast shall be responsible for the facility, as well as maintenance of the Public Way, in the same manner and degree as if the facility were in active use, and Comcast shall retain all liability for such facility. (C) If Comcast abandons any facilities, the Town may choose to use such facilities for any purpose whatsoever. 10.6 Use of Conduit or Ducts (A) The Town may install or affix and maintain wires and equipment owned by the Town for Town purposes in or upon any of Comcast's ducts or conduits in the Public Ways, without charge to the Town, to the extent space therein or thereon is reasonably available, and pursuant to all applicable ordinances and codes. For purposes of this Subsection, "Town purposes" includes, but is not limited to, the use of the structures and installations for fire, police, traffic, water, telephone, or signal systems, but not for Cable Service in competition with Comcast. Comcast shall not deduct the value of such use of its facilities from its Franchise Fee payments or from other fees payable to the Town. (B) Comcast acknowledges that the Public Ways have a finite capacity for containing conduit and facilities. Therefore, Comcast agrees that when the Town determines it is impracticable to permit construction of an underground conduit system by any other Person which may at the time have authority to construct or maintain conduits or ducts in the Public Ways, but excluding Persons providing Cable Service in competition with Comcast, the Town may require Comcast to afford to such Person the right to use Comcast's surplus ducts or conduits in common with Comcast, pursuant to the terms and conditions of an agreement for use of surplus ducts or conduits entered into by Comcast and the other Person. Nothing herein shall require Comcast to enter into an agreement with such Person if, in Comcast's reasonable determination, such an agreement will compromise the integrity of the Cable System. 10.7 Undergrounding Where electric and telephone utility wiring is underground, all Cable System lines, wiring and equipment shall also be placed underground with other wireline service at no expense to the Town. Related equipment, such as pedestals, shall be placed in accordance with applicable Town requirements. In areas where either electric or telephone utility wiring are aerial, Comcast may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. 10.8 Tree Trimming Comcast may prune or cause to be pruned, using proper pruning practices, any tree in any Public Way which interferes with the Cable System. Comcast shall comply with all Town requirements regarding tree trimming. Except in emergencies, Comcast may not prune trees at a point below thirty (30) feet above sidewalk grade without seven (7) days prior written notice to the owner or occupant of the premises abutting the Public Way in or over which the tree is growing. The owner or occupant of the abutting premises may prune such tree at his or her own expense during this one (1) week period. If the owner or occupant fails to do so, Comcast may prune such tree at its own expense. For purposes of this Subsection, emergencies exist when it is necessary to prune to protect the public or Comcast's facilities from imminent danger only. 12/4/2012 21 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC 10.9 GIS Mapping Comcast shall provide the Town with records of Comcast's trunk and distribution facilities in the Franchise Area in a standard geographic information (GIS) format within thirty (30) days of receipt of written request or longer if agreed to by the parties. SECTION 11. CABLE SYSTEM DESIGN AND TECHNICAL STANDARDS 11.1 Technical Performance The technical performance of the Cable System shall meet or exceed all applicable technical standards authorized or required by law, including FCC technical standards as they may be amended from time to time, regardless of the transmission technology utilized. The Town shall have the authority provided by law to enforce compliance with these technical standards. 11.2 Cable System Performance Testing (A) Comcast shall, at its expense, perform all tests on the Cable System required by the FCC (including FCC required test points located in the Franchise Area) and shall maintain written records of its test results in accordance with FCC requirements. Copies of such test results shall be provided to the Town upon request. (B) All required tests may be witnessed by representatives of the Town. Upon request, Comcast will notify the Town before any required technical proof-of-performance or other testing occurs. (C) Comcast shall promptly take all necessary measures to correct any performance deficiencies and prevent their recurrence. Sites shall be re-tested within five (5) days following correction until correction has been confirmed and satisfactory results are obtained. 11.3 Standby Power Comcast shall provide standby power generating capacity at the Cable System Headend capable of providing at least twelve (12) hours of emergency operation. Comcast shall maintain standby power supplies that will supply back-up power of at least two (2) hours duration throughout the distribution networks, and four (4) hours duration at all nodes and hubs. SECTION 12. VIOLATIONS AND REVOCATION 12.1 Procedure for Remedying Violations (A) If the Town believes that Comcast has failed to perform any material obligation of this Agreement, the Town shall notify Comcast in writing, stating with specificity, the nature of the alleged violation. Comcast shall have thirty (30) days from the receipt of such notice to: (1) Respond to the Town, contesting the Town's assertion that a violation has occurred, or notifying the Town that violation cannot be cured within thirty (30) days because of the nature of the alleged violation, and requesting a hearing in accordance with Subsection (B), below; or (2) Cure the violation. (B) If Comcast does not cure the violation within thirty (30) days, or denies the violation and requests a hearing, the Town shall set a public hearing on the violation. The Town shall provide not less than seven (7) days prior written notice of the hearing. At the hearing, Comcast shall be 12/4/2012 22 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC provided an opportunity to be heard, to present and question witnesses, and to present evidence in its defense. (C) If, after considering the evidence presented at the public hearing, the Town Council determines that a violation exists, the Town may order Comcast to remedy the violation within fourteen (14) days or within such other reasonable timeframe agreed to by the parties. If Comcast does not remedy the violation within such time to the Town's reasonable satisfaction, the Town may: (1) Assess and collect monetary damages in accordance with this Agreement; (2) Terminate this Agreement; and/or, (3) Pursue any other legal or equitable remedy available under this Agreement or applicable law. 12.2 Alternative Remedies (A) No provision of this Agreement shall bar the right of either party to seek or obtain judicial relief from a violation of any provision of the Agreement or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this Agreement nor the exercise thereof shall be deemed to bar or otherwise limit the right of either party to recover monetary damages, as allowed under applicable law, or to seek and obtain judicial enforcement of obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. (B) The Town does not waive any right, immunity, limitation or protection otherwise available to the Town, its officers, officials, Boards, commissions, agents, or employees under any law, including without limitation Section 635A of the Cable Act. Comcast shall not have any monetary recourse against the Town, or its officers, officials, Board, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision of this Agreement or the enforcement thereof, subject to applicable law. 12.3 Liquidated Damages (A) The Town and Comcast recognize the delays, expense and unique difficulties involved in proving in a legal proceeding the actual loss suffered by the Town as a result of a violation by Comcast of this Agreement. Accordingly, instead of requiring such proof of actual loss, the Town and Comcast agree that Comcast shall pay to the Town the sums set forth in this Subsection. Such amounts are agreed by both parties to be a reasonable estimate of the actual damages the Town would suffer in the event of Comcast's violation. (B) In addition to any other remedy, the Town in its sole discretion may, after following the procedures as provided in this Section 12.1, charge to and collect from Comcast the following liquidated damages per day, for each day, or part thereof, the violation continues: (1) For failure to provide data, documents, reports or information or to cooperate with the Town during an application process or Cable System review or as otherwise provided herein: one hundred fifty dollars ($150). (2) For failure to make timely PEG Fee or Franchise Fee payments: two hundred fifty dollars ($250). 12/4/2012 23 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC (3) For failure to comply with any other provision of this Agreement or Customer Service Standards or the Vail Town Code: one hundred fifty dollars ($150). (C) Each violation shall be considered a separate violation for which separate liquidated damages can be imposed. In no event shall liquidated damages be imposed for a period greater than 120 days. (D) Comcast shall have thirty (30) days to pay the liquidated damages. If not so paid, the Town may draw on any bond or Letter of Credit. The Town shall give Comcast written notice of any such draw, and within seven (7) days of such notice, Comcast shall restore the bond or Letter of Credit to the amount required under this Agreement. 12.4 Revocation (A) The franchise provided by this Agreement may be revoked and all rights and privileges rescinded if a material breach of the Agreement is not cured, or in the event that: (1) Comcast attempts to evade any material provision of this Agreement or to practice any fraud or deceit upon the Town or Customers; (2) Comcast makes a material misrepresentation of fact in the negotiation of this Agreement; (3) Comcast abandons the Cable System, or terminates the Cable System's operations; (4) Comcast fails to restore service to the Cable System after three (3) consecutive days of an outage or interruption in service; except in the case of an emergency or during a force majeure occurrence, or when approval of such outage or interruption is obtained from the Town; or (5) Comcast becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt, there is an assignment for the benefit of Comcast's creditors, or all or part of Cable System is sold under an instrument to secure a debt and is not redeemed by Comcast within thirty (30) days from said sale. (B) Additionally, the franchise granted in this Agreement may be revoked one hundred twenty (120) days after the appointment of a receiver or trustee to conduct the business of Comcast, at the option of the Town and subject to applicable law, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless directed otherwise by a court of competent jurisdiction. (C) If there is a foreclosure or other involuntary sale of the whole or any part of the plant, property and equipment of Comcast, the Town may serve notice of revocation on Comcast and to the purchaser at the sale, and the rights and privileges of Comcast under this Agreement shall be revoked thirty (30) days after service of such notice, unless: (1) The Town has approved the transfer of the Agreement, in accordance with the procedures set forth in this Agreement and as provided by law; and (2) The transferee has agreed to assume and be bound by all terms of this Agreement. 12/4/2012 24 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC 12.5 Purchase of the Cable System If at any time this Agreement lawfully terminates, the Town shall have the option to purchase the Cable System; provided that nothing in this Agreement shall limit or expand the Town's right of eminent domain under State law. SECTION 13. TRANSFER 13.1 Transfer of Ownership or Control (A) The Cable System and this Agreement shall not be sold, assigned, transferred, leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any Person or entity without the prior written consent of the Town, which consent shall be by the Town Council, acting by ordinance or resolution. (B) Comcast shall promptly notify the Town of any actual or proposed change in control of Comcast. The word "control" as used herein is defined as an acquisition of 51% or greater ownership interest in Comcast. Such change of control of Comcast shall make this Agreement subject to cancellation unless and until the Town has consented in writing. (C) The parties to the transfer shall make a written request to the Town for its approval of a sale or transfer or change in control and shall furnish all information required by law. (D) In seeking the Town's consent to any transfer, the proposed transferee or controlling entity shall indicate whether it: (1) Has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law or regulations, or is currently under an indictment, investigation or complaint charging such acts; (2) Has ever had a judgment in an action for fraud, deceit, or misrepresentation entered against the proposed transferee by any court of competent jurisdiction; (3) Has pending any material legal claim, lawsuit, or administrative proceeding arising out of or involving a Cable System or the provision of Cable Services; (4) Is financially solvent, by submitting financial data including financial statements that are audited by a certified public accountant who may also be an officer of the transferee or controlling entity, along with any other data that is lawfully required; and (5) Has the financial, legal and technical capability to enable it to maintain and operate the Cable System for the remaining term of the Agreement. (E) The proposed transferee shall provide complete information regarding any potential impact of the transaction on Customer rates and service, as well as any other documentation reasonably related to the proposed transaction and consistent with applicable law which, in the reasonable discretion of the Town are necessary to understand the proposed transaction. (F) The Town shall act on the request within one hundred twenty (120) days of receipt of the FCC Form 394 application and all information expressly required by this Agreement and applicable law, provided it has received a complete application. Subject to the foregoing, if the Town fails to render a final decision on the request within one hundred twenty (120) days, such 12/4/2012 25 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC request shall be deemed granted unless the requesting party and the Town agree to an extension of time. (G) Within thirty (30) days of any transfer, Comcast shall file with the Town a copy of the deed, agreement, lease or other written instrument evidencing such transfer, certified correct by Comcast and the transferee, and the transferee shall file its written acceptance agreeing to be bound by all terms of this Agreement, subject to applicable law. In the event of a change in control in which Comcast is not replaced by another entity, Comcast will continue to be bound by all terms of the Agreement, subject to applicable law, and will not be required to file an additional written acceptance. The approval of any transfer shall not waive any rights of Town to subsequently enforce noncompliance issues relating to this Agreement. If a change of control involves an entity that was not an Affiliate prior to the contemplated transaction, the Town's consent shall be required for such change in control. (H) In reviewing a transfer request, the Town may inquire into the legal, technical and financial qualifications of the transferee, and Comcast shall assist the Town in so inquiring. The Town may condition said transfer upon such terms as it deems reasonably appropriate, consistent with applicable law and reasonably related to the qualifications of the prospective transferee to comply with this Agreement or the resolution of outstanding and unresolved issues of noncompliance with this Agreement by Comcast. (I) Notwithstanding anything to the contrary in this Subsection, the prior approval of the Town shall not be required for any sale, assignment or transfer of the Agreement or the Cable System to an intracompany entity controlling, controlled by or under the same common control as Comcast, provided that the proposed assignee or transferee shall show financial responsibility as may be determined necessary by the Town and shall agree in writing to comply with all provisions of the Agreement. Further, Comcast may pledge the assets of the Cable System for the purpose of financing without the consent of the Town; provided that such pledge of assets shall not mitigate Comcast's responsibilities to meet its obligations under this Agreement. SECTION 14. MISCELLANEOUS 14.1 Cumulative Rights Subject to applicable law, all rights and remedies given to the Town or retained by the Town in this Agreement shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the Town, at law or in equity, and such rights and remedies shall not be exclusive, but every right and remedy given by this Agreement or otherwise existing may be exercised as often and in such order as deemed expedient by the Town, and the exercise of one right or remedy shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 14.2 Costs to be Borne by Comcast Comcast shall pay for all costs of publication of this Agreement, and any and all notices prior to any public meeting or hearing provided for pursuant to this Agreement in accordance with the Vail Town Code or Charter. 14.3 Binding Effect This Agreement shall be binding upon the parties hereto, their permitted successors, transferees and assigns. 12/4/2012 26 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC 14.4 Modification This Agreement may be modified only by written agreement between the parties. 14.5 Governing Law and Venue This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Colorado, the Cable Act, as amended, any applicable rules, regulations and orders of the FCC, as amended, and any other applicable local, State and federal laws, rules, and regulations. The venue for any dispute related to a violation of this Agreement shall be in an appropriate state court of competent jurisdiction in Eagle County, Colorado. 14.6 No Joint Venture Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. 14.7 Waiver The failure of either party at any time to require performance by the other of any provision hereof shall in no way affect the right of the other party hereafter to enforce the same. Nor shall the waiver by either party of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 14.8 Severability If any provision of this Agreement is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other provision of this Agreement. 14.9 Force Majeure Comcast shall not be held in violation of this Agreement for any act caused by circumstances reasonably beyond the ability of Comcast to anticipate and control, including war, riots, civil disturbances, floods, severe adverse weather conditions or other natural catastrophes, labor stoppages or power outages exceeding back-up power supplies. 14.10 Entire Agreement This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral and written negotiations between the parties. 14.11 Notices Each party shall maintain and file with the other a local address for the service of notices by mail. All notices shall be sent to such respective address, and such notices shall be effective upon the date of mailing. On the Effective Date, the following are the addressed on file: Comcast: With a copy to: Comcast Comcast 8000 East Iliff Avenue 281 Metcalf Road, Suite 110 Denver, CO 80231 Avon, CO 81620 12/4/2012 27 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC Attn: Government Affairs Attn: General Manager The Town: Town of Vail 75 South Frontage Road Vail, CO 81657 Attn: Town Manager 12/4/2012 28 11/27/2012 Q:\USERS\VAIL\COMCAST\AGR\FRANCHISE-FINAL.DOC IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above. TOWN OF VAIL, COLORADO _______________________________ Andy Daly, Mayor ATTEST: __________________________________ Lorelei Donaldson, Town Clerk APPROVED AS TO FORM: __________________________________ J. Matthew Mire, Town Attorney COMCAST OF COLORADO VI, LLC __________________________________ By: _______________________________ Its: _______________________________ STATE OF COLORADO ) ) ss. COUNTY OF _________________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ____ day of __________________, 2012, by ______________________ as _______________ of Comcast of Colorado VI LLC. My commission expires: _______________ (S E A L) ____________________________________ Notary Public 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: Council Dinner Break 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: Presentation of an award recognizing the Town of Vail for adopting the 2012 International Building Codes. PRESENTER(S): Dave Nichols, Regional Manager, International Code Council and Martin Haeberle, Chief Building Official ACTION REQUESTED OF COUNCIL: Listen to the presentation and accept the award on behalf of the Town. BACKGROUND: On October 18, 2012, the Vail Town Council adopted the 2012 International Building Codes. In appreciation of adopting the most current building codes the International Code Council is presenting an award to the Town of Vail. STAFF RECOMMENDATION: Accept the award on behalf of the Town of Vail. 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: ECO Trails Committee voted at their last meeting to award Town of Vail as a Trail Supporter of the Year. PRESENTER(S): Ellie Caryl 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: Recognition of Dan Torgerson and Mark Walter PRESENTER(S): Dwight Henninger and Mark Miller 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: Citizen Participation PRESENTER(S): Public 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: Consent Agenda: 1) Approval of November 6 and 20 Meeting Minutes PRESENTER(S): Various ATTACHMENTS: November 6, 2012 meeting minutes November 20, 2012 meeting minutes 12/4/2012 Town of Vail Council meeting minutes of November 6, 2012 Page 1 Vail Town Council Meeting Minutes Tuesday, November 6, 2012 4:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet Margaret Roger Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk _________________________________________________________________ The first item on the agenda was the Consent Agenda. On the consent agenda was the approval of the October 2 and 16, 2012, meeting minutes and approval of Resolution No. 32 and No. 33, which were both Colorado Department of Transportation (CDOT) leases for the Frontage Roads. Rogers made a motion to approve the October 2, 2012, meeting minutes and the motion was seconded by Tjossem. A vote was taken and the motion passed, 6-0-1, with Foley abstaining as he wasn’t at that meeting. Foley made a motion to approve the October 16, 2012, meeting minutes and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7-0. Donovan made a motion to approve Resolution Nos. 32 and 33, and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. The second item on the agenda was the Town Manager’s Report. There was no report. The third item on the agenda was the Mill Creek Property appeal at 303/305 Mill Creek Circle. Warren Campbell, Chief Planner, stated the Design Review Board (DRB) approved this with conditions. Campbell said the DRB felt the landscaping was adequate. Council asked about the distance from the bike path, adequate landscaping, the retaining wall, grading and the length of the wall, and the encroachment on the stream tract from the patio. Pam Hopkins, a local architect and Planning and Environmental Commission (PEC) member, stated she was representing two owners, the Berkowitz’ and William’s. These property owners are adjacent property owners to the 303/305 Mill Creek Circle property. The owners are concerned about the encroachment of the swimming pool onto the setback. 12/4/2012 Town of Vail Council meeting minutes of November 6, 2012 Page 2 Donovan said she disagreed with DRB’s findings regarding the placement of walls and fences. Rogers said the town boards do a thorough analysis. She said it would be easy to override the DRB’s decision but the findings by the DRB were unanimous. She is not going to override their decision. Rogers made a motion to uphold the DRB decision based on the findings in the memorandum. Tjossem seconded the motion. Further discussion ensued. Kyle Webb, Architect, reviewed the power point presentation with Council. He said the neighbors didn’t have any issues with the house. The conditions of the approval with DRB have been addressed and the grade of the wall is being raised only in the middle portion of the wall. A vote was taken and the motion passed, 4-3, with Daly, Donovan and Foley opposed. The fourth item on the agenda was the Lionshead Welcome Center Sign Package appeal at 395 East Lionshead Circle. Warren Campbell, Chief Planner, stated on October 3, 2012, the DRB unanimously approved, with conditions, an amended sign package for the Lionshead Welcome Center. The approval included the condition that the information "i" proposed for the north and south sides of the tower element was not included in the approval. The DRB recommended the Council uphold the DRB decision based on the findings in the memorandum that was attached to the agenda. Donovan asked about the sign above the entry way and drop off signage and asked if they can made a decision based on necessity and not following the town’s codes and DRB findings. Campbell said he understands that the Council can speak to the uniqueness of the building and maybe make findings that no error was made but that a need to get people to the building is necessary. Tjossem said the Council was told in previous meetings that a tower with a beacon of light would be part of the building: there were multiple meetings with merchants and community members stating the building would be well signed. She was frustrated that the tower was reduced five feet and now the building can’t have an “i” on it. In the future, she wants to know what the findings are from the PEC and DRB before the Council funds a building. Donovan said the intent was to pull people down to Lionshead. Zemler stated he was provided current information on the number of guests visiting the Lionshead Welcome Center. He said they should address the appeal first and then have an additional conversation on how to get people to the facility. Rogers agrees with Tjossem and feels that Council was victim to a bate and switch. She said locals know where to go, but guests do not. Moffet said he agreed with Donovan and said the DRB didn’t go out of their approval process. Moffet says if they apply the law as written they need to uphold the DRB decision. Tom DuBois, chairman of the DRB, said they don’t usually see the signage until after the initial approval. This was the second application for signs on this building. He said he drives past Lionshead twice a day and says there is signage to help folks find their way to Lionshead. You can’t see the “i” from the west. There is a new wayfinding program that will help direct people in this area. Also this is the newest building in Lionshead and draws people to the building on its own. He said the town has a very effective sign program. Moffet made a motion to uphold the DRB decision and the motion was seconded by Kurz. Further discussion ensued. Council members want to revisit the site and find other alternatives 12/4/2012 Town of Vail Council meeting minutes of November 6, 2012 Page 3 that may work at this building and to review sign standards as they are inadequate to address information centers. A vote was taken and the motion passed, 6-1, with Rogers opposed. Further discussion on the town processes with a “looping system” when the town is the developer and when the project is modified through the PEC and DRB process ensued. If the project is modified after Council approves it, changes and information need to get back to the Council. Zemler said they need to find out what didn’t work and should not jump to conclusions or second guess the process. He wants to look at trip points and not just guess at what happened. He said the numbers have doubled from moving the booth from the Frontage Road to the new space. He said if Council wants a better solution, staff will come back to Council with alternatives to consider. The fifth item on the agenda was a Council dinner break for one hour. Council took a dinner break until 6:10 p.m. The sixth item on the agenda was Citizen’s Participation. Nicola Ripley, with the Betty Ford Alpine Gardens, Wendy Rimel with the Vail Veteran’s Program and Traci Flowers with the Vail Symposium requested Council declare December 4, 2012, as Colorado Gives Day. They read the declaration and the twenty nonprofits taking part in Colorado Gives Day in Eagle County into the record. Moffet moved to declare December 4 as Colorado Gives Day in Vail, and the motion was seconded by Donovan. Further discussion ensued. It was determined that the proclamation would be read into the record and approved at the November 20, 2012, meeting prior to Colorado Gives Day. The seventh item on the agenda was a recap of the four Ever Vail development applications and the action taken on the master plan amendment. Mire said they are continuing all the applications to the December 4, 2012, meeting for decisions and approvals for first readings. Warren Campbell, Chief Planner, recapped all the applications and approvals to date on all the reviews and what still needed to be addressed. He also reviewed the memorandum and power point presentation with Council. Campbell requested Council continue the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011, to the December 4, 2012, public hearing. Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8 and 9, to the December 4, 2012, public hearing and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was first reading of Ordinance No. 16, the 2013 Town of Vail Budget. Kathleen Halloran, Budget Manager, stated the budget appropriates a total of $55.3 million across all funds for 2013. She discussed the sponsorship for the U.S. Burton Open, Birds of Prey and benefits and salaries in more detail. Daly said the budget is approximately balanced. He said if they intend to provide money to the U.S. Burton Open they would have to tap the general fund balance. 12/4/2012 Town of Vail Council meeting minutes of November 6, 2012 Page 4 Daly wanted to address compensation as staff has proposed a 4% increase. He asked Krista Miller from Human Resources to address this item. Miller stated regression charts were included in the agenda packet. She stated these were actual wages paid by both the town and the other entities. She reviewed the charts in further detail with Council. She said staff compared with the usual comparison groups as they have done in the past. The Town of Vail was also compared with Mountain States Employer survey statewide with both public and private sector entities. The figures are actual annual based wages paid to specific people in organizations. She said they balance out with folks that are at entry level and people who have been working for the town for years. Daly asked if certain positions are capped. Miller said every position is capped except those that report directly to Council. Miller says once they are capped they cannot get a base pay increase. They may get a bonus and that has to be approved by the Town Manager. She said 5-10% of staff is capped. She said the charts were for salary only and didn’t include benefits. She said a five-year history was asked for and in 2007 Vail paid slightly higher than the average payer. However, in 2012, the town is a below average payer, and across all the other payers there is about a 3.0% to 3.5% difference. Miller said Vail evaluates, tracks and compares other mountain resort communities. She said the comparisons show Vail below by about 4% and this is why staff is asking for a 4% increase. Six out of eight entities identified what they are proposing for next year. Vail is about a one percent premium on retirement benefits and below average for health benefits. She said trying to get a true apples-to-apples comparison is difficult. The town is targeting a wellness-based health program. There is only one health program next year and that has a wellness component attached. Daly stated he has asked members of the Colorado Association of Ski Towns (CAST) at their last meeting for their salary figures on what they have and he will have comparisons at the next Council meeting. Daly said that he also checked with the Town of Gypsum, which has a 3% increase; the Town of Eagle is giving no raises and is struggling; and the Town of Avon is getting their salaries to their 2010 levels (which is an increase) but plan no increases beyond that figure. He also said Eagle County has a 3% merit pool this year. Zemler said in fairness, only one of those towns is Vail’s peer group. If Council is looking at shifting direction, staff needs to know this. Daly said in a six year salary history, staff has done well with salary control, but he wants more background information. Rogers said rather than having a 4% merit increase, she prefers splitting it and using 2% merit increase and a 2% bonus. She wants high performers to be rewarded accordingly. Foley wants 2012 actuals. Halloran says there have been vacancies throughout the year so there are savings. Moffet said he wants to compare figures to Vail’s competitors. He said Vail is not like regular municipalities. He stated he already feels town staff has higher exemplary performances and interaction with customers that you don’t see in other municipalities and other entities. Staff is also challenged with higher housing costs and transportation. Most of the staff have to drive or take a bus to get to work in Vail and have to pass other municipalities to work here. They could go work at other places. It is important to maintain a culture of high performance employee behavior. The Council needs to be mindful of those challenges. Donovan agreed with Moffet. She said the 3.5% to 4% will be on par with places that Vail compares itself to. She is comfortable with the base salary increase of 4% to get back to being competitive. Kurz agrees with Moffet and Donovan’s assessment and believes the success the town has had is in part, due to the town employees. He is comfortable with the 4% increase and feels it is appropriate. 12/4/2012 Town of Vail Council meeting minutes of November 6, 2012 Page 5 Daly said the general fund is approximately a 61/39 split and will require a super majority split that has been in place for the past five years. Rogers doesn’t feel enough money has been given to special events and wants more money allocated to them. She said the easiest way is to change the allocation from a 61/39 split to 62/38 split. Moffet said he is not opposed to the idea but the CSE has a special event budget and he is not convinced they need more. The Council should be circumspect about additional spending. If the Council is comfortable that marginal spending will pay for itself, fine, but if not, they need to be confident this is the way to go. Rogers said the CSE has done an analysis and they will always have event producers who want funding. The CSE assesses the value of all the events and does a detailed analysis of what works and what doesn’t. She said marketing the events well is what it takes to have a successful event. Tjossem agrees that special events don’t have enough money and they are the economic driver of the town. She wants to tap into the town’s reserves to pay for additional special event funding. She wants the same percentage for CSE as the Vail Local Marketing District (VLMD) to grow special events. However she acknowledged that the VLMD has a permanent funding source to use and special events do not. Daly said another way to fund special events is to build in additional revenues, have a bigger surplus and allocate more to special events. Moffet said money is seductive. He is inclined to budget to a baseline for special events and permit luxuries incrementally when they outperform the baseline budget. The special events need to continue to out perform best guesses and the Council needs to be confident this will work. Daly said to keep in mind they are reducing reserves by $875,000 for iconic events such as the 2015 Championships and U.S. Burton Open. The Council still has very big funding choices ahead that will impact the reserves. Further discussion ensued. Daly asked to get a report from CSE and Adam Sutner and get suggestions on how they can spend what they have now and what events the CSE would use additional funds on. Zemler said instead of giving carte blanche to the CSE for funding, in the past, the Council has set aside a set amount of money for other possible events that may have value in the future. Then the Council can allocate those funds. The Council can change the split in the future. The simple way is to budget a set amount of money to set aside and the CSE can bring an event to Council to see if they want to fund it. Foley said additional marketing dollars for special events should come from the VLMD and not from the CSE. Peggy Wolfe, representing Highline Sports, gave a presentation on the U.S. Burton Open request and what the benefits are for the community. She said this event is for Vail Mountain and the snowboarding community. The funds would make this a lifestyle event and have more parts of the event in town and off the mountain. They are showcasing this event and it has a 360 degree approach. There would be kid’s snowboarding lessons and a terrain park at Solaris; a live feed of the competitions in Solaris and also brings events and activities into the town. This would get people involved in what snowboarding has become. Rogers asked what the total budget was for this event. Wolfe said the total is $3.5 million, which includes the request of $500,000 from the town. Vail Resorts, Inc. is contributing $100,000 cash and $668,000 of in-kind services. The dates of the event are February 25-26, 2013, for practice and February 27-March 2, 2013, for the competitions. Currently, the sponsors are Mini Cooper, Nokia, Pepsi/Mountain Dew and Paul Mitchell. 12/4/2012 Town of Vail Council meeting minutes of November 6, 2012 Page 6 Donovan said U.S. Burton Open is the premier, proven snowboarding event in the world. Additionally, it would provide a slope style event and half pipe event which would start to get equal time between alpine skiing and snowboarding. She said the staff recommendation of $250,000 for the first year is reasonable. She asked if this event would be broadcast internationally and nationally. Wolfe said yes. Rogers said the biggest success televised for Vail was the U.S. Pro Cycling event. Council asked if in-kind services have been requested. There will be daytime events and two concerts at Solaris Plaza so there will be in-kind services requested. Donovan asked about the ROI with Stratton Mountain. Moffet said marginal room nights will be up and which raises revenues for the town so he wants to be careful. He is inclined to be as reasonably supportive as possible. Wolfe will come back and address what the town gets for a $250,000 contribution versus a $500,000 contribution, plus she will give a detailed account of what in-kind services will be requested. She said there will still be events in town regardless of the contribution amount. Additional 2013 contribution requests, capital projects funds, RETT funds, heavy equipment fund, VLMD funds and conference center funds were discussed. Further discussion ensued regarding funding of the Betty Ford Alpine Gardens (BFAG) at a higher level. Ripley stated the town doesn’t fund the BFAG to the degree other municipalities fund their gardens. Gwen Scapello, a member of the BFAG board, said the gardens could possibly be funded at a higher level through Real Estate Transfer Tax (RETT) funds. The BFAG is specifically a destination draw to Vail for several organizations and individuals. It has a unique and singular national plant collection of Colorado alpine plants. Horticulture Magazine is highly recognized in the botanic garden community and this garden has received awards. They are growing and improving, open twelve hours a day, seven days a week. Operating costs will increase to cover transportation costs to get people back up to parking due to the construction in Ford Park. Daly, Donovan and Kurz stated they didn’t want to fund operational expenses for the BFAG. Moffet made a motion to approve first reading of Ordinance No. 16, and the motion was seconded by Donovan. Daly stated the budget may be adjusted after the Council hears the CSE funding requests at the November 20, 2012, hearing to see if the special events budget would be amended and if the split may be amended. Moffet made a motion to amend his motion to have second reading at the December 4, 2012, public hearing. The amended motion was seconded by Donovan. A vote was taken and the motion passed, 6-1 with Rogers opposed. The ninth item on the agenda was first reading of Ordinance No. 14, an ordinance repealing and re-establishing Special Development District No. 34, Flaum – The Valley Phase V. Bill Gibson, Planner, summarized the memorandum stating they want to change the EHU exchange in the SDD #34. Dominic Mauriello, with Mauriello Consulting Group, representing Jim and Cookie Flaum, stated the objective was to comply with the employee housing exchange program. However, it was based on old formulas and was inequitable. The dual purpose of this request is to correct the exchange program and have additional gross residential floor area (GRFA). He reviewed the applicant’s power point presentation with Council. If the GRFA is taken off, it would be 787 12/4/2012 Town of Vail Council meeting minutes of November 6, 2012 Page 7 square feet over allowable GRFA. The 15% lot area is still less than the 18% that is average in this neighborhood. Donovan asked how many properties are affected. Gibson said three properties, but only one is affected by the EHU, the Flaum residence. Gibson said this does not change the net in floor area. Further discussion ensued. Kurz made a motion to approve first reading of Ordinance No. 14, and the motion was seconded by Moffet. A vote was taken and the motion passed, 7-0. The tenth item on the agenda was second reading of Ordinance No. 15, an ordinance amending Title 7, Vail Town Code by the addition of Chapter 10, regarding commercial transportation regulations and setting forth details in regard thereto. Mire explained the changes from first reading and stated Dwight Henninger, Police Chief, was there to answer any additional questions from the Council. Robert Lazier, owner of the Tivoli Lodge, said he was concerned with the loading area on Hanson Ranch Road. He wants to limit the width of vehicles in this area to be no more than 80 inches wide (dual tires) be allowed in that area. Henninger said there are signs stating no vehicles over 80 inches in width or more than sixteen passenger vehicles are allowed. Jonathan Levine, owner of Hummers of Vail, said significant changes at the transportation center have occurred in last two days. He was assaulted on Sunday evening. He wants to provide safe customer service to guests. He wants to be able to use his larger limousine vehicles on the upper deck after midnight. Jim Lamont, representing the Vail Homeowners Association (VHA), said traffic congestion problems are what the VHA are concerned about at the transportation centers. There is concern about trying to experiment with a system to control permitted public conveyances. He doesn’t want to create an issue where certain conveyances are allowed and others not. He said the town is beginning to regulate transportation in town when they should stay out of it. Donovan asked about the AVI transponders. Henninger said the time, place and number of the vehicle are what the AVI transponders record. Henninger said this is in the ordinance now so they could use the transponders in the future. Rogers made a motion to approve second reading of Ordinance No. 15, and the motion was seconded by Kurz. Further discussion ensued. A vote was taken and the motion passed, 6-1 with Foley opposed. Daly said Council would review how this is working in January, 2013. The eleventh item on the agenda was second reading of Ordinance No. 13, an ordinance amending the construction sign provisions and repealing the temporary site development sign provisions of Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto. Bill Gibson, Planner, stated on October 16, 2012, the Council unanimously approved the first reading of Ordinance No. 13, with the PEC’s recommendation of limiting the size of construction 12/4/2012 Town of Vail Council meeting minutes of November 6, 2012 Page 8 signs to no more than 8 square feet in areas within Vail’s residential zone districts. There have been no modifications to the proposed ordinance since first reading. Moffet made a motion to approve second reading of Ordinance No. 13 and the motion was seconded by Rogers. A vote was taken and the motion passed, 7-0. The twelfth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:30 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ________________________________ Lorelei Donaldson, Town Clerk 12/4/2012 Town of Vail Council meeting minutes of November 20, 2012 Page 1 Vail Town Council Meeting Minutes Tuesday, November 20, 2012 4:05 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:05 P.M. by Mayor Pro-tem Ludwig Kurz. Members present: Kerry Donovan Ludwig Kurz, Mayor Pro-tem Greg Moffet Margaret Rogers Susie Tjossem Members absent: Andy Daly, Mayor Kevin Foley Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk _________________________________________________________________ The first item on the agenda was the Consent Agenda. On the consent agenda was the approval of Resolution No. 34, a resolution deferring the regular meeting of the Vail Town Council from January 1 to January 8, 2013, due to the holiday and Proclamation No. 7, declaring December 4 as Colorado Gives Day in Vail. Moffet made a motion to approve Resolution No. 34 and the motion was seconded by Tjossem. A vote was taken and the motion passed, unanimously, 5-0. Rogers read into the record Proclamation No. 7, Colorado Gives Day on December 4, 2012. Moffet made a motion to adopt Proclamation No. 7, 2012, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 5-0. The second item on the agenda was the Town Manager’s Report. There was an update on the traffic at the Golden Peak area. Kurz stated a memorandum was attached to the agenda outlining concerns and solutions to the traffic in the Golden Peak area. Tjossem said she was concerned that the town, Manor Vail and Vail Resorts, Inc. (VRI) have come up with solutions but that Ski Club Vail has not committed to participating in finding solutions from their property. She said she hopes Ski Club Vail will participate in resolving traffic solutions with the other partners. Kurz asked Chris Jarnot about premier reservations and passport spaces for valet parking. Jarnot said VRI is partnering with an outside vendor for the passport spaces and valet area in the Golden Peak lot and lodge and the parking was limited. He said the Devo drop off will occur at the Vail Transportation Center (VTC). He also stated the instructors will also be at the VTC and not at Golden Peak to meet up with the students from Devo. This is a major change in operations but VRI is willing to provide this service to alleviate traffic at Golden Peak. 12/4/2012 Town of Vail Council meeting minutes of November 20, 2012 Page 2 Jim Lamont, representing the Vail Homeowners Association, said this is an improvement on the traffic issues and believes with cooperation between all parties this solution can be successful. He said unwanted or illegal drop offs will still need to be addressed. Commander Daric Harvey stated staffing models have been reviewed and an additional code enforcement officer will help address keeping traffic flowing and managing the drop off issues. Zemler said the additional CEO position is proposed in the 2013 budget. The third item on the agenda was a request to proceed through to development review process with a proposal to construct a new education center building for the Betty Ford Alpine Gardens (BFAG) located at Ford Park, 540 South Frontage Road East/unplatted, and setting forth details in regard thereto. Bill Gibson, Planner, said the Betty Ford Alpine Gardens (BFAG) development review process needs owner approval before they can proceed. The town, as the owner, needs to give permission to allow the BFAG to submit an application to the town for a new education center. This is not an approval of the project; just permission to proceed with the application process. Rogers made a motion to approve the request to proceed through the development review process. The motion was seconded by Moffet. Donovan said she would be voting no because private office space is an inappropriate use for a public park. Kurz said the Council was concerned about the size of the building and the potential amount of office space in the building. He said BFAG needs to keep this in mind as they go through the process. Tjossem said there is community concern about putting buildings in park spaces. She requested BFAG should stake out the building area so people can visualize the impact of the building in the park. She said the bigger discussion is about the BFAG honoring Betty Ford. It is fitting that the town honor her through enhancing the BFAG. She wants a separate meeting on how to implement and enhance the BFAG at a future meeting. A vote was taken and the motion passed, 4-1, with Donovan opposed. The fourth item on the agenda was Resolution No. 31, Series of 2012, a resolution appealing and reenacting the Town of Vail Employee (TOV) Strategic Plan. Nina Timm, Housing Coordinator, said this item was a follow up to work sessions regarding the TOV employee strategic plan. She said the goals of the plan were discussed with achieving 30% deed restricted housing and there were a couple of changes requested. Timber Ridge financing has been removed and the town manager residence was moved out to a later year, to 2016. The infrastructure for the Chamonix project coincides with employee housing units (EHU’s) in 2013. Council was concerned about various aspects of the resolution. Including the language in the resolution changing “should” to “strive” regarding the 30% deed restricted employee housing within the town limits; they don’t want a time frame in the document as this will be dictated by the economy. They don’t want the document to put handcuffs on future Council budgets. Also, the cost of redevelopment of the town manager residence at $750,000 seemed high. Council wants this removed at this time and to be determined at a future date. They also want dollar amounts out of the strategic plan as this is a document to guide the town and shouldn’t have numbers in it. Timm said the million dollar amount is not in the budget any sooner than the 2017 budget. The town manager residence cost is based on $250 per square foot. Further discussion ensued. 12/4/2012 Town of Vail Council meeting minutes of November 20, 2012 Page 3 Zemler said he heard Council say to take out the numbers; the 30% goal should be reconsidered; the timing and reasonableness should be reconsidered; commercial linkage and Inclusionary zoning should be addressed; and that staff should come in annually to discuss. Council wants the words of the document to reflect the intent better. Moffet made a motion to table Resolution No. 31, Series of 2012, to the December 18 public hearing and the motion was seconded by Rogers. Steve Lindstrom, a member of the Vail Local Housing Authority (VLHA), said when this process was started several months ago, the VLHA thought they had clear direction to provide a road map with specifics to Council. Now he is hearing that they want them to go back to more general wording. Tjossem said 30% of the work force should be in deed-restricted housing and the interpretation is being questioned. She said having people live in town is the goal. Donovan wants a road map on how they get 30% of employees to live in town. A vote was taken and the motion to table to December 18th passed, 5-0. The fifth item on the agenda was the Lionshead Parking Structure Entry Improvements Design Contract award. Tom Kassmel, Town Engineer, said the town put out a Request for Proposal (RFP) and they received two proposals back. The costs of the project are in the budget for 2013 and 2014. He said staff recommends awarding the contract to Zehren and Associates. Tjossem asked why only two proposals were received. She also asked why the wayfinding and entry project timing were so different. She said she wants to slow down the process so everyone is on the same page. Kassmel said he was also surprised the town didn’t receive more proposals but didn’t follow-up with other contractors as to why they didn’t apply. He said the Stantek and way finding project is different as this is more of an operations project. Moffet made a motion to approve and direct the Town Manager to enter into a design contract, in a form approved by the Town Attorney, with Zehren and Associates and releasing approval to move forward on Task I, Conceptual Design, on January 1, 2013 for the Lionshead Parking Structure Entry Improvements Design Contract. The motion was seconded by Rogers. Moffet amended the motion to include the dollar amount of $166,150, plus a 5% reimbursable of $8,307. Rogers seconded the amendment. A vote was taken and the motion passed, 4-1, with Tjossem opposed. Moffet made a motion to adjourn for a dinner break and Donovan seconded the motion. A vote was taken and the motion passed, 5-0. Greg Moffet left the meeting at 5:00 p.m. The sixth item on the agenda was a dinner break for Council from 5:00 to 6:00 p.m. The seventh item on the agenda was Citizen’s Participation, of where there was none. The eighth item on the agenda was first reading of Ordinance No. 17, the Mil Levy Certification to Eagle County. Kathleen Halloran, Budget Manager, stated the Mil Levy Assessments must be certified to Eagle County for collection annually and the ordinance authorizes certification for 2013. 12/4/2012 Town of Vail Council meeting minutes of November 20, 2012 Page 4 Rogers made a motion to approve first reading of Ordinance No. 17, and the motion was seconded by Donovan. A vote was taken and the motion passed, 4-0. The ninth item on the agenda was an update on the Colorado Department of Transportation (CDOT) Chain Station discussion. Michelle Hansen with Stouflas and Associates, stated at the last Council meeting they ran through the various alternatives and took public comment. She reviewed the updates and changes from the last meeting of October 16, which were included in the memorandum for this meeting. They included not moving forward with alternatives at mile markers 179.5 and 182 as it was determined that these alternatives did not adequately meet the goals of this project. Also, the new light standard improves upon the older light standard for the truck drivers, law enforcement and the community by placing and directing the light more efficiently. The lighting consultant decided the illumination needed to be changed to light the areas needed for truckers, not actually directed on the truck and to focus light into one area that is more precise and efficient. New chain stations would implement new light standards. She also said CDOT would like to explore the idea of directing local traffic to the frontage roads when the chain law is in effect. There is potential for using the existing variable message signs (VMS) signs in Vail to discourage I-70 travel from Main Vail to East Vail when the chain law is in effect. Currently, during events when the chain law is in effect for extended periods of time, CDOT captures and implements controlled release of commercial vehicles at Dotsero. CDOT will continue to implement controlled release at Dotsero. CDOT is currently designing improvements to the Dotsero truck parking area, including restroom facilities, limited lighting and highway informational signage. Construction is anticipated in summer 2013. The combination of adverse weather conditions and significant grades associated with mountain passes create the need for commercial vehicles to install chains. At this time, CDOT has not identified any potential chain station locations west of Vail that meet the objectives of the chain law and that fall within reasonable highway maintenance budgets. She said the number of hours the chain law is in effect varies considerably based on the winter conditions experienced each year. Typically, between 300 and 400 hours per year is average for eastbound traffic for I-70 on Vail Pass. The numbers were lower last winter and higher the winter before. Hansen also said the air quality of every construction project that CDOT completes must obtain an Environmental Clearance prior to construction. Air quality is one of several environmental resources that must be investigated to obtain this clearance. As part of this study, the proximity of improvements to residences and businesses is taken into account as part of the evaluation of alternatives. Any alternatives that are implemented will undergo more specific investigation related to air quality prior to construction to determine if mitigation is required. Chain stations are limited to chain-up activities and long-term truck parking is prohibited. Hansen said comments from the public to CDOT will be accepted through December 4, 2012, and will be incorporated into the final evaluation of alternatives. When the final evaluation is completed, an Implementation Plan will be developed. A report documenting the study and the Implementation Plan will be finalized. The completion of the study is planned for the end of this year. Donovan said locals could use the frontage roads when the chain law is in effect and most Vail residents already know to do that. But most guests may not know how to do it. She suggested 12/4/2012 Town of Vail Council meeting minutes of November 20, 2012 Page 5 that further discussions with Vail Police Department personnel and the town manager needs to occur to review this in more detail. Rogers said the best place to add the chains on the trucks was west of Vail, near Eagle Vail. Rick Sarchet, with CDOT, said where the trucks need to have the chains is on Vail pass. The chance of running the chains off the trucks is very high if they go too far west. The next space available chain up station would be near the Walmart exit and that is eleven miles away from the pass and too far away. The chains get chewed up at around fifteen miles. He said the pressing need is further east and closer to the pass. Hansen said there are safety benefits for separation between chain up stations and I-70 traffic at the East Vail exit. CDOT is looking at striping a separate lane to get the East Vail on-ramp easier to accelerate onto I-70. Tjossem is concerned about neighborhood input and their concerns not being taken into account. Kurz asked if the first attempt to lengthen the existing chain up area to the west to get more spaces is still in the mix as an alternative. Hansen said they are still looking at space vacancy and determining if a technology solution can be done to let truckers know of available spaces. Fiber optics to Hanging Lake tunnel is still being pursued. Chad Salli, Town Engineer, said the second phase retaining walls will need to be cleared through the CDOT process and the town will be able to comment on it. Susan Brendan, an East Vail homeowner, said restriping is a good idea. Her concern and the East Vail residents concerns are the use of the East Vail exit option for trucks. The safety factor of the East Vail Frontage Road to local traffic is good but is not a good idea for semi-trucks. Lizette Lamb, East Vail resident, agreed with Brendan about the East Vail exit concern. She would like to see trucks chain up west of Vail. Steven Connolly, a Bald Mountain resident, said it seems the problem is management of the existing space. This should be addressed before expanding, developing and building anything else at this time. Sarchet stated that may be how it works out, depending on the Georgetown experiment and use of infrared cameras. That solution is on the table as well as some sort of signal lights on poles. Connolly stated that with better management of the East Vail chain up station and with advance notice at Dotsero, lighting may be the only need. Jim Lamont, representing the Vail Homeowners Association, said that traffic guidance technology from China can be done here with a fiber optic system. The real issue is shared sacrifice by all communities between Vail and Dotsero to allow for staging between Dotsero and the exit to Walmart. This could take place where there is very little development and wouldn’t be a problem. Cameras can show truckers and police officers in Vail all the available spaces. There needs to be better communication between all the chain up stations and the Vail location. Keeping the interstate open is important, but the community concern of getting passenger vehicles out of Vail is important too. The European roadways don’t allow trucks on the highways when road conditions are bad. Rogers said someone needs to come up with better chains that don’t destroy the road and don’t come off the trucks in 15 miles. Sarchet said there are tire auto socks available. The auto socks are more expensive and only have a three (3%) market penetration. He said gasoline haulers use them. In California, there are places where some banning of trucks on the road is used. 12/4/2012 Town of Vail Council meeting minutes of November 20, 2012 Page 6 Tjossem said staging the trucks between Dotsero, Post Boulevard and then moving them to Vail where they can put on chains is a good solution. Staggering the trucks west of Vail is good. Kurz is encouraged that CDOT is listening and taking input from the community and trying to make the best solutions available. Hansen said the next step of implementation will take time. Available “FASTER” safety funds for this project are $500,000 and will be available for summer of 2013. She said the lighting for this project may use this entire funding. This may be one project that may move forward. They are trying to prioritize projects and funding is questionable at this time. Samantha Graves, Vail Patrol Sergeant, said the truck drivers are already utilizing the off ramp and sneaking back onto the highway. There are no rules and until an officer becomes available, the truckers stick around until an officer shows up. The new idea would at least maintain and widen that area and an officer would be stationed there. This would be better than the free-for- all that is currently happening now. She said it is a good idea to begin at mile marker 178 and to extend westbound. There is no real good solution as this is in a residential area. Truck traffic is not going to stop and is most hazardous to the rest of the traffic. There is a need to make it safer and have managed stations. She stated the cost of having officers at each station is expensive. Hansen reiterated the deadline for public comment to CDOT is December 4. The tenth item on the agenda was second reading of Ordinance No. 14, an ordinance repealing and reestablishing SDD #34 – Flaum – The Valley Phase V. Bill Gibson said there are no changes from first reading. Rogers made a motion to approve second reading of Ordinance No. 14, and the motion was seconded by Tjossem. A vote was taken and the motion passed, 4-0. The eleventh item on the agenda was adjournment. As there was no further business, Donovan made a motion to adjourn and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 4-0. The meeting adjourned at 6:53 p.m. Respectfully Submitted, Attest: __________________________________ Ludwig Kurz, Mayor Pro-tem ________________________________ Lorelei Donaldson, Town Clerk 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: Town Manager Report PRESENTER(S): Various 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: Second reading of Ordinance No. 16, Series 2012, 2013 Town of Vail Budget PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 16, Series 2012 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 16, Series 2012 ATTACHMENTS: 2013 Budget 12/4/2012 TO: Vail Town Council FROM: Finance Department DATE: November 26, 2012 SUBJECT: 2013 Proposed Budget – Ordinance 16 I. SUMMARY The first reading of Ordinance 16 on October 16th was passed. II. DISCUSSION The following changes have been made to the 2013 budget proposal: General Fund: As directed by Council on November 6, an $8.0 million investment in Timber Ridge deed restrictions is funded from General Fund reserves. General Fund reserves would total $13.5 million, or 45% of annual revenues by the end of 2013. Please see Attachment A for financing details. Also during the November 6th meeting, Council requested more details from Highline Sports regarding the Burton US Open Snowboarding Championships such as the amount of in-kind they estimate will be needed, and what impact a lower contribution would have on the event (for example, $250,000 versus $500,000). Please see Attachment B. During the November 6th meeting, Council suggested a combination of merit and bonus rather than 4% merit eligibility for employees during the 2013 budget cycle. Staff continues to recommend a 4% merit based on two factors: 1) There is a limited ability to create a performance bonus structure for 75% of our workforce, which consists of non- exempt or hourly positions that perform tasks such as snow shoveling, driving buses, planting flowers, etc. Government structure in general does not lend itself to performance bonuses. There is also an administrative cost to establishing unique performance goals for the various groups of employees and monitoring achievement. 2) Continuing to use a bonus structure to restrain future growth in workforce costs will not address competitive base salary pay deficiencies. Please see Attachment C for regression analysis and competitor pay group data. Commission on Special Events is requesting an additional $190,000 for event funding, marketing support for events and staffing (please see Attachment D for more details). Please note that this funding request is not currently included in the budget proposal. The town may participate in a partnership with three other fire agencies to fund a full- time training position in an effort to save on costs associated with ongoing training exercises. The town will present an intergovernmental agreement to Council during an 12/4/2012 Town of Vail Page 2 upcoming meeting, and an estimated cost of $30,000 is included in the proposed General Fund budget. Capital Projects Fund: Municipal site redevelopment construction and relocation estimates were removed, along with the revenue anticipated from the sale of land to the Medical Office Building partnership. A loan of $8.0 million to Timber Ridge Affordable Housing Corporation (TRAHC) for a re- financing of debt is now included. The loan would be paid from reserves in the Capital Projects Fund, offset by principal and interest payments from TRAHC over the next 20 years. Ending fund balance projected for 2013 would total $5.6 million for the Capital Projects Fund. Please refer back to Attachment A for financing details. Real Estate Transfer Tax Fund: $175,000 to rebuild the bike path on the north end of the Pedestrian Overpass is proposed based on Council input, along with another $170,000 to add lights on that path from Red Sandstone Road to the Pedestrian Overpass. 12/4/2012 Attachment A TO: Vail Town Council FROM: Finance Department DATE: December 4, 2012 SUBJECT: Financing Major Projects I. BACKGROUND On November 6, Council directed staff to include financing of the new municipal building and refinancing of the Timber Ridge property in the 2013 proposed budget for second reading this evening. The chosen scenario included issuing $10 million of certificates of participation (COP’s) for the new municipal building and using $16 million of the town’s cash reserves (plus $1.4 million from Timber Ridge Affordable Housing Corporation (TRAHC)) to pay off the existing TRAHC debt, with $8 million coming from the General Fund as an investment in deed restrictions and $8 million from the Capital Projects Fund in the form of a loan. On November 8, the Steadman Clinic withdrew as a partner in the Vail municipal site redevelopment project. Due to the uncertainty of a future municipal building project, we have removed future costs of that project from the budget as proposed for second reading. If a new or revised project goes forward, we will bring forward an amended budget and supplemental appropriation at that time. The budget proposal you will consider this evening includes the Timber Ridge re-financing as directed. II. TIMBER RIDGE REFINANCING As previously discussed, a weakening of the employee housing market and increases in bank fees has made the current financing on Timber Ridge unsustainable. Objectives in refinancing the outstanding debt include: gaining operational control over the property; providing flexibility for future development; reducing financing costs to a sustainable level; providing a level of predictability in financing costs; and continued preservation of deed restricted rental units. The financing scenario included in the 2013 budget proposal achieves these objectives. The proposed structure is a combination of an $8 million cash investment in deed restrictions and an $8 million loan for a total of $16 million cash transferred to TRAHC. TRAHC will be able to provide an additional $1.3 million to repay the entire $17.3 million variable rate bonds outstanding. For budgeting purposes, it is assumed the cash transfers and debt repayment occur in the first quarter. The investment portion of the proposal is funded from General Fund reserves with a resulting fund balance at the end of 2013 of $13.5 million or 45% of general fund revenue as compared 12/4/2012 Attachment A with a guideline of 25%. The $8 million investment allows flexibility because there would be no repayment of this amount and redevelopment could occur unencumbered. A payment of $8 million to buy down deed restrictions on half the property results in a cost $40,400 per employee bed assuming two employees are housed in each of 99 units ($26,936 if three employees are housed). As a comparison, the town’s current fee-in-lieu for developers who choose this method of payment for their employee housing requirement is $84,298 per employee to be housed. The loan portion of the proposal is funded from the Capital Projects Fund reserves, leaving a balance of $5.6 million in capital reserves at the end of 2013 and $14.8 million in capital reserves by the end of a five-year planning cycle. Proposed terms of the loan are: 20-year amortization; interest at 1.5%; annual principal payments beginning in first quarter of 2014; no pre-payment penalty. Under these terms, the cash flow from half the property will support the resulting $466,000 annual repayment to the town. Interest income to the town at 1.5% exceeds the current rate of less than 0.5% earned on the town’s investment portfolio. On the other hand, interest cost at 1.5% is significantly less than the 3.7% TRAHC would pay in 2013 if the current financing could be extended. Since the loan can be supported by net revenue from half the property, there will be excess cash flow until such time as redevelopment may occur. This excess cash flow can be used to make payments on the existing $1.9 million TOV loan and its accrued interest and then to make prepayments toward the new loan. The existing loan is made up of $1.0 million for purchase of the property in 2003 and $900,000 for mold remediation in 2005 and 2006. Interest on this loan is also 1.5% and both principal and interest are due in 2032, with no payments made to date. The 2013 budget proposal includes payment of $240,000 interest for prior years in 2013 and annual payment of the interest thereafter. The above assumptions have also been included in the Timber Ridge affordable Housing Corporation budget as approved by the TRAHC board on November 27, 2013, subject to approval of the Vail Town Council in this evening’s second reading of the town’s 2013 budget. Staff will begin the process to refinance the Timber Ridge debt when the town’s 2013 budget is approved. III. REQUEST OF COUNCIL Approve or approve with amendments the 2013 budget proposal including Timber Ridge refinancing as presented. 12/4/2012 Attachment A-2 TO: Vail Town Council FROM: Finance Department DATE: November 6, 2012 SUBJECT: Financing Major Projects I. BACKGROUND On October 16, staff provided an overview of financing options for the new municipal building and Timber Ridge. Council members raised several questions and instructed staff to return with two alternative scenarios to use certificates of participation (COP’s) for either Timber Ridge or the new municipal building. A primary objective of the financing plans shown is to provide control over Timber Ridge employee housing. The current financing is unsustainable based on recent declines in the rental market for employee housing, increased bank fees, and the potential for increases in our variable interest rate. New financing will enhance our ability to operate the facility within the current cash flow and will allow the flexibility needed to pursue opportunities to redevelop or sell the property in the future. The estimated amount needed to extinguish the $17.3 million debt on Timber Ridge is $16 million after giving consideration to $1.3 million available from Timber Ridge Affordable Housing Corporation (TRAHC). The estimated amount needed for the new municipal building is $10 million after giving consideration to the $5 million cash payment to be received for sale of the land for the medical office building. This is a total of $26 million needed for both projects from a combination of cash and debt. Previous discussions concluded the best financing vehicle for either project is certificates of participation or COP’s. Estimated lead time for issuance is about eight weeks and all illustrations included in this memo are based on today’s favorable interest rate environment which could change before financing is complete. Neither of the financing assumptions presented here is included in the budget proposal you are reviewing tonight, pending further direction from Council. The cost of the new municipal building is included, however, so that it may be appropriated in the first reading of the budget ordinance. II. ALTERNATIVE FINANCING SCENARIOS The following is a comparison of the two scenarios with more explanation given below. 12/4/2012 Attachment A-2 COP's for Timber Ridge COP's for Muni Building Issuer Town of Vail Town of Vail Assumed credit rating Aa2 Aa2 Term 20 years 20 years Collateral Half of Timber Ridge property New Municipal Building Tax Status Taxable Tax‐exempt Interest rate (based on current rates) 3.2% 3.0% Interest and costs incurred over 20 years $3.1 million $ 3.4 million Amount financed $ 8.0 million $ 10.0 million Cash contribution to Timber Ridge $ 8.0 million $16.0 million Cash contribution to muni building $10.0 million None A. COP’s for Timber Ridge The outstanding debt on Timber Ridge as of 12/31/2012 will be $17.3 million. US Bank holds $1.3 million in reserve funds which will be returned to Timber Ridge Affordable Housing Corporation (TRAHC) when the current debt is extinguished, leaving $16 million to be paid off and/or refinanced. To remain flexible in our ability to sell or redevelop the property, we looked at how much we could reasonably finance based on expected net income from just half the property. Our income projections have been updated based on current market conditions and Timber Ridge’s 2013 budget proposal. We believe the best financing vehicle for Timber Ridge is taxable COP’s issued by the Town of Vail using half of Timber Ridge as collateral. Although we are not able to issue tax-exempt debt on this property, we are able to take advantage of the town’s favorable credit rating if the town issues the debt rather than TRAHC. (See responses to Council questions below for discussion of each of these issues.) Since timing of a potential sale or redevelopment is unknown and cash flow will be higher until that time, the COP’s would be issued with a 10-year call at par, meaning the town would have the right to repay all or a portion of the debt in ten years. For any time cash flow exceeds debt service, the excess can be set aside to be available when the ten-year call is made. Based on taxable COP’s, an Aa2 credit rating, 20-year term and debt service constrained by the cash flow from half the property, we estimated half the amount needed or $8 million could be financed. We have used 20 years to be consistent with the remaining term on the current debt and because the project is already 32 years old. To completely repay the debt, another $8 million of cash is needed. This amount could be viewed as the cost of deed restrictions on half the property. Using General Fund cash reserves for this payment would result in a General Fund balance of $12.8 million, or 38% of revenue, at the end of our planning horizon in 2017. If COP’s and General Fund cash reserves were used to extinguish the Timber Ridge debt, the town would continue to have sufficient cash in the Capital Projects Fund to pay for the new municipal building and fund all other projects currently planned in the five-year projection. The current estimated cost of the municipal building is $15 million and $5 million will be received from the medical office building for the land purchase, both of which are 12/4/2012 Attachment A-2 included in the Capital Projects Fund for the proposed 2012 budget and five-year plan. The lowest fund balance projected for the Capital Projects Fund under this scenario is $6.7 million in 2016. B. COP’s for muni building This scenario assumes COP’s are issued to provide the $10 million net amount needed for the new municipal building - $15 million estimated cost less $5 million proceeds from the sale of land to the medical office building group. Based on an expected Aa2 credit rating and a mid-2013 issuance of debt with level debt service over 20 years, an all-inclusive total interest cost of 3.0% could be expected. As described above, $1.3 million of TRAHC restricted cash will become available when the current debt is retired and could be used to reduce the amount of cash needed to pay off the current debt to $16 million. A suggested structure could be a loan of $8 million to be repaid from net rental income at Timber Ridge and a cash payment of $8 million from the General Fund balance which could be viewed as the cost of providing deed restrictions (the same as shown scenario A). Assuming interest at 1.5% and a 20-year term, this structure would result in a loan repayment schedule that could be supported by project revenue from half the Timber Ridge property. At 1.5% interest over a 20-year term, the town would earn more than the rate currently earned on cash reserves, TRAHC would pay less than financing externally, and both the town and TRAHC could have a fixed amount of either income or expense to plan for in the future. Under this scenario, assuming $10 million of COP proceeds go into the Capital Projects Fund and $8 million of cash from that fund is used for the TRAHC loan with repayment over 20 years at 1.5%, the Capital Projects Fund’s lowest projected balance would be $7.5 million in 2016. Use of $8 million of cash from the General Fund balance to pay off the Timber Ridge debt with no expectation of reimbursement results in an estimated General Fund balance of $12.8 million, or 38% of revenue, at the end of our planning horizon in 2017. III. RESPONSES TO COUNCIL QUESTIONS Question: For Timber Ridge, isn’t tax-exempt financing available if fewer than 50% of the units are master-leased to one business? Response from Dee Wisor and Jim Lane of Sherman and Howard: One of the issues which prevented the Town from doing a tax-exempt financing for Timber Ridge is that the Town expected to sell the project to a developer. If that is still the expectation, then that is a potential impediment to doing a tax-exempt refinancing. It could be that a financing could proceed if that was the Town’s expectation, but the documents would have to provide for a mandatory redemption of the bonds within 6 months of the date of sale and the Town would need to expect to use the facility for good governmental purposes for a period of at least 10 percent of the bond term. The other tax issue was the master lease with Vail Resorts. It is true that a tax-exempt financing could be done with a master lease with Vail Resorts in place if: 1. The term of the lease is no more than 200 days. 2. When the lease renews Vail Resorts is charged the same rate as the general public. 3. Vail Resorts receives no benefits which are not available to the general public. 12/4/2012 Attachment A-2 4. There is no other master lease with another person or entity. Question: If the Town of Vail provided a 100% guarantee of Timber Ridge Affordable Housing Corporation (TRAHC) debt, would the credit rating be higher and therefore the interest rate lower than by just providing a moral obligation? Response from Jonathan Heroux of Piper Jaffray: Yes. The best way to do this is for the town to issue the COP’s directly, still using Timber Ridge property as collateral. The COP’s would still be taxable as discussed above, but the bonds would be issued with the town’s credit rating. Piper Jaffray believes this would be an Aa2, whereas TRAHC COP’s would likely be 2 notches lower at A1. Question: If the Town issues COP’s for the new municipal building, how will that impact the credit rating or bonding capacity for future projects such as a garage in Lionshead? Response from Jonathan Heroux of Piper Jaffray: There will be no impact on the town’s credit rating, because a COP is not considered debt under TABOR due to the annual appropriation clause. As for bonding capacity, it would not impact any future general obligation bonds because of the pure property tax pledge for that type of debt. COP debt also would not impact future revenue bonds because those would have a sales tax pledge. However it could impact future COP’s as they tend to be paid from excess sources or monies in the general fund. IV. REQUEST OF COUNCIL Provide direction regarding financing of the municipal building and refinancing of Timber Ridge for the second reading of the 2013 budget ordinance. Is there support for Scenario A as described above: issuing $8 million COP’s to refinance half the Timber Ridge debt; using $8 million cash reserves to pay off the remainder of Timber Ridge debt; and using $10 million cash reserves to pay the net cost of the new municipal building? OR Is there support for Scenario B as described above: issuing $10 million COP’s to pay for the net cost of the new municipal building; lending $8 million to TRAHC to repay half the Timber Ridge debt; and using $8 million cash reserves to pay off the remainder of Timber Ridge debt? 12/4/2012 Attachment B BASE LEVEL INVESTMENT The move after 30 years in Vermont to Vail has an objective of increasing the overall size, scope and reach of the Burton US Open. This was the principal driver behind Burton’s decision to relocate. It moves from an on-mountain experience to an experience that also integrates the life of the village, extends the event experience off the mountain and generally capitalizes on Vail’s greater community sensibility. Aligned with the reach and strength of the Vail brand, its objective is to attract a greater and more varied audience then it did in Vermont, from more varied destination markets including international. Vail Mountain has of course been supportive, principally in terms of in-kind support. Much though remains out of pocket. For these reasons, this year’s enterprise is inherently a more costly proposition then it was to produce the event in Vermont. Equally, the costs associated with moving venues are not singularly a first year dynamic. Our belief is that the lost economies of scale, and other movement costs will only be fully mitigated gradually over our first five year commitment to Vail. Start Up Cost Centers Specific elements encompassing these increased costs include: - Activation of multiple locations across the Village and Lionshead including private business as well as public venues. Solaris, Vail Square at Arrabelle, and others - Integration of community stakeholders; a key dynamic suggested by the CSE and others, so that there is a feeling of accountability and brand engagement. A good example will be a community orientation meeting or ‘Open House’ for village merchants/restaurateurs to spread alignment and engagement. The new Lionshead Welcome Center would be an ideal location - Relocation costs and start-up costs; after 30 years of developed relationships across Burton’s vendor base, a loss of economies of scale is caused with need to invest in new partnerships, logistics and equipment, new branding, signage, advertising vehicles, greater advertising in order to ensure optimal awareness of the new dates and location in Vail, et. Al. - Vail versus Stratton also has relatively higher costs in substantial cost centers such as lodging and F & B - With Vail substantially further from Burton’s headquarters, transportation costs for the event and the lead up to the event have been significantly increased. In Vermont, staffed mainly by Burton staffers, the event was driving distance – by moving to Vail they all now need to fly, transfer from airports, and be housed in higher cost lodgings, in addition to that of all key partners involved in building out the venue - One time start up costs for the event infrastructure are incurred; a 22 foot pipe, incremental snow making costs to create the pipe as well as the more expansive slope style cost are all newly incurred GROWTH LEVEL INVESTMENT The vision of the Burton US Open is to continuously evolve and grow. Burton’s commitment to Vail is a minimum of five years as per the contract signed with Vail Mountain. But its hope is to stay far longer, as a key partner in Vail’s own growth plans and in doing so grow the US Open alongside Vail’s own growth. In the growth level investment scenario, Burton would produce the event consistent with the base level scenario each of the five years; then embarking on the investment level as the event’s tenure progressed. Part and parcel to this is the presence of not one but two Burton retail stores, with Vail the only single resort with such a quantity. In a sense, we are here because of Vail, and see our future prospects as inseparable. To this end we see several substantive and fresh approaches to growth both of which will require significant investment: 1- Target a fresh and qualified audience new to Vail 12/4/2012 Attachment B - purposeful marketing that is consistent with the Town of Vail’s mission statement of continuing to grow Vail as a destination market both domestically and internationally - enhanced targeted TV programming and distribution with a greater focus on key national and international Vail markets. Not unlike the power of the Pro Cycling Bike Challenge TV footprint, this would carry the Vail brand across the globe to a passionate, upscale audience 2- Develop a more comprehensive event for a Vail experience not just a Vail Mountain experience. Over time Burton’s goal is to expand to pre and post event activities as equally focused on our shared lifestyle. In this way, the partnership grows both on and off the mountain. Burton’s vision is for a total ‘experience’ embraced by two of the Snow Sports business most innovative brands; Vail and Burton. Some examples already envisaged: -Expansion of Riglet program at Solaris (addition of Wednesday/Thursday and longer hours of operation) -Expansion of Burton accented on mountain learn to ride and advanced riding ski school programs -Addition of the Burton USO experience to Arabelle via a big screen and Riglet park. -Outreach to local schools for LTR and spectator programs 3- Future Opportunities -2014 Olympic Media Tour -2014 expanded events under the lights -Bigger and better off mountain integration -Continued international expansion aligned with Vail’s own goals in places like Australia and Brazil SUMMARY Burton’s planned investment for the 2013 US Open is $3,900,000. We’d add to this Vail Mountain’s in kind support of $668,000, and $100,000 out of pocket commitment. This brings total tangible investment to $4,668,000 for year one. As submitted earlier, our ROI projection is many multiples of this. In this scenario Town of Vail’s potential investment seems not only reasonable, and proportionate, but also safe and effective as it relates to return on investment. This potential ROI has both direct, quantitative return in terms of increased lodging and associated spending driving sales tax revenue, as well as strategic value in terms of the strong brand association with Burton, National and International media exposure, and importantly, the added relevance and traction with a new and younger audience who will pay dividends well into the future and beyond. 12/4/2012 Attachment B 2013 TV PROGRAMMING SCHEDULE (subject to change) INTERNATIONAL The following programs will be distributed by IMG Media, London: Friday, March 1, 2013 10:30amMT - 12:00pmMT 90 minute LIVE TV broadcast Slopestyle Finals Men Saturday, March 2, 2013 10:30amMT - 12:00pmMT 90 minute LIVE TV broadcast Halfpipe Finals Men Air dates TBD: 30 minute USO Lifestyle Show 30 minute USO Halfpipe Show 30 minute USO Slopestyle Show In 2012, the same programs above were distributed via IMG and were placed in over 170 countries/territories and garnered over 1200 hours of airtime. DOMESTIC The following programs will be distributed by IMG Media, New York: Friday, March 1, 2013 10:30amMT - 12:00pmMT 90 minute LIVE TV broadcast on Universal Sports (+ 4 reairs) Slopestyle Finals Men 1:30pmMT – 2:30pmMT 60 minute LIVE TV broadcast on Universal Sports (+ 4 reairs) Slopestyle Finals Women Saturday, March 2, 2013 10:30amMT - 12:00pmMT 90 minute LIVE TV broadcast on NBCSN (+ 4 reairs on Universal) Halfpipe Finals Men 1:30pmMT – 2:30pmMT 60 minutes LIVE TV broadcast on Universal Sports (+ 4 reairs) Halfpipe Finals Women Air dates TBD: 30 minute USO Lifestyle Show – Universal (+ 4 reairs) 30 minute USO Halfpipe Show – Universal (+ 4 reairs) 30 minute USO Slopestyle Show – Universal (+ 4 reairs) LIVE GLOBAL WEBCAST ON BURTON.COM Wednesday, Feb 27, 2013 Approximately 8 hours Slopestyle Semi Finals Men & Women Thursday, Feb 28, 2013 Approximately 8 hours Halfpipe Semi Finals Men & Women Friday, March 1, 2013 Approximately 5hours Slopestyle Finals Men & Women Saturday, March 2, 2013 Approximately 5 hours Halfpipe Finals Men & Women 12/4/2012 Attachment B Town of Vail In Kind Requests VAIL SOCCER FIELDS PARKING LOT Use dates: February 18- March 8, 2013 BARRICADES Use of all Town of Vail barricades for events at Solaris Plaza Use dates: February 25-- March 3, 2013 PARKING VOUCHERS $2500 worth of parking vouchers for Town of Vail structures for media, staff and support parking POLICE SUPPORT Use of on duty police whenever possible to help with costs of security at event Dates: Monday-Saturday, February 25-March 3, 2013 Support at Golden Peak and Solaris PERMITTING FEES Exemption from permitting fees including: Special Event fee Amplified sound permit fees Tent/Canopy fees Banner hanging fees Roundabout Hanging fees Town of Vail liquor permit fees 12/4/2012 Town of Vail 2012 Compensation $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 02004006008001000 TOV Base All MSEC Base City Base Base Salary Practice TOV vs. All Organizations (MSEC)/All Cities July, 2012 $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 02004006008001000 TOV Base Aspen Base Steamboat Base Pitkin County Base Summit County Base Avon Base Breckenridge Base Snowmass Base Eagle County Base Base Salary Practices TOV vs. Counties/Municipalities July, 2012 Points Attachment C‐1 12/4/2012 $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 0 200 400 600 800 1000 Cnty/Munis TOV Base Salary Practice TOV vs. Counties/Municipalities 2007 $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 0 200 400 600 800 1000 County/Muni Base TOV Base Base Salary Practice TOV vs. Counties/Municipalities 2012 Attachment C‐2 Town of Vail 2007 -2012 Compensation 12/4/2012 Attachment D To: Vail Town Council From: Commission on Special Events Date: December 4, 2012 Subject: CSE – 2013 Event Strategic Plan Overview & Funding Request This provides a summary of CSE direction for the 2013 Event platform. Detailed within are a summary of CSE’s tightened strategic direction, a description of new tools developed and deployed in order to align the CSE’s duties more rigorously against its economic impact mandate, and a concise description of the funding allocation recommendation for 2013. Finally, within the context of the overall enterprise, a discussion of funding requests for growth initiatives we believe to be above and beyond the fundamental requirements of the CSE. I. 2013 – CSE Strategic Direction Enhanced marketing efforts have been amongst the drivers of recent summer season economic growth, culminating with achievement of record sales tax revenues during that time period. The CSE believes it has contributed to this resurgence by having undertaken a review of its fundamental mission for 2013 (and beyond). For the last several months the CSE has examined its core activities and in doing so has adopted a significantly improved set of operating guidelines with an objective of greater accountability, more rigor in why and how events are selected, and ultimately greater effectiveness. a. CSE objectives have been closely aligned with VLMDAC objectives, which in turn are well aligned with the Council’s own objectives. We feel this provides for a tight, efficient and synergistic alignment of the combined marketing efforts (see Exhibit A) b. A new CSE Mission Statement which is tightly developed against our new operating philosophy (see Exhibit B) c. With the insight that there are perhaps too many events, we’ve adopted a quality versus quantity criteria, reduced redundancy, and looked hard at the timing and seasonality of events to make the schedule more optimal d. We’ve dispassionately eliminated non-performers, rewarded strong performers, and given the Council’s request for greater proactivity invested in opportunities e. We identified a key insight, which is that the marketing of individual events is what drives an event’s success or lack thereof – to this end we’ve put a focus on marketing including development of a ‘marketing checklist’, greater involvement 12/4/2012 Attachment D in our producer’s marketing of their events, and investment in town staff resources in order to manage this intensive process (see Exhibit C) f. The ‘scorecard’, our basic tool used to determine the allocation matrix has been revamped to incorporate all of these new criteria – the result has been a somewhat different event line up for 2013, and one that we feel will be more effective (see Exhibit D) II. Event Effectiveness – Measurement Tools In line with the recent Vail marketing successes, VLMDAC, Vail Resorts Marketing, as well as the CSE have all invested in a disciplined suite of research tools to not only keep score, but to support on-going marketing and spending decision making. The fundamental on-going tools now consist of monthly (and bi-weekly in Winter) mTrip reports, Sales Tax data, the on-going Intercept studies providing both qualitative and quantitative data in individual events, last season’s Economic Impact Study, parking data, as well as keeping our finger on the pulse of the merchant/hotelier/restaurateur community. In addition, the ‘scorecard’ and its support tools such as the ‘marketing checklist’ are now structured to be more dynamically employed tools. Less obviously quantitative measures such as brand strength, marketing expertise, media leverage, and community integration are now all monitored, measured against newly established objectives. Related, although a robust study with valuable and fresh data, the Economic Impact Sturdy was felt to fall short in the area of event attendance – a key variable as it relates to bottom line economic impact. This is because different event producers utilize different methodologies to report attendance, thus rendering the data not comparable, and in some cases not reliable. The CSE proposes for 2013 that we take over this function ourselves, giving us and therefore Town of Vail accountability for this key data. It will have the added benefit of allowing our producers to focus entirely on event development, marketing and execution, both operationally and financially. III. 2013 Event Funding Overview The 2013 event funding process was more structured, rigorous, and objective than perhaps any previous year’s process. Employing the new criteria, supported by the new tools, there was a spirit of greater sophistication and frankly greater passion for the process. Hard decisions were made. And more importantly, there was far greater proactivity guiding all decisions. It was not just about choosing one event or another. Some events were funded with conditions to improve marketing or not receive funding (e.g. Soul Festival). Some are earmarked for greater VLMDAC integration to pursue upside opportunity (e.g. Bravo). Others asked to align more closely with Vail brand (e.g. Farmer’s Market). Others asked to grow with incremental funding (e.g. Keen Kids 12/4/2012 Attachment D Adventure Race). Vail Restaurant Month was asked to reduce timing from a month to 10 days and be remodeled on the successful Denver Restaurant Week concept and thus renamed to Vail Restaurant Week. Group events like Lacrosse and Kick It 3x3 Soccer will be worked with to integrate into Vail Village and/or Lionshead to increase community vitality. This is a short list of such interjections. The 2013 Event Funding Matrix is attached detailing all decisions and allocations. Bottom line, the CSE believes all of this has added up to a more effective line up that will drive increased results. IV. 2013 – Incremental Funding Requests to Support Growth Initiatives The CSE believes that its allocated budget for 2013 is optimally deployed as outlined throughout this document. We are therefore requesting incremental funding support of $190,000. Above and beyond this fundamental scope are several key initiatives we strongly believe should be invested in by Council: a. Event Attendance Research - $50,000 As detailed above, event attendance data that is accurate, reliable and, comparable is essential to getting towards economic impact data that The Town Council can rely on. In a sense we feel this is the last piece of the puzzle. The CSE working with Staff would undertake a search process to find the most effective vendor, with a desire to implement immediately in 2013. This would be coupled with the same level of economic survey data provided in 2012, with the added aspect of verifiable event attendance. b. Potential New Memorial Day Event - $100,000 At Council’s request, the CSE is proactively developing an effective new event for the Memorial Day Weekend time period. We see numerous challenges in doing this, namely the weather challenge, the challenge of first time event, changing consumer and merchant behavior, etc. Towards this end we have proactively funded qualitative research to ensure we land on the best possible new event concept and to be able to give concrete and effective direction to potential event partners. Our feeling is this would be the minimum level of invest to jump start any new event. c. The Vail ‘Living Well Summit’ - $25,000 The CSE viewed this initiative as a strategic investment opportunity. One of the few and substantive new initiatives geared towards continuing investment in further developing the Health & Wellbeing strategy that Council has set as a key Town of Vail objective. As such, in its infancy it does not deliver well against the more immediate objectives of driving significant visitation, heads in beds, tax revenue and so on. But on the basis of its strategic value, value to the Vail Brand objectives, its good initial first year’s performance, and potential, we’d ask for Council funding to enable its 12/4/2012 Attachment D development. The CSE will continue to work with the producers in the framework newly established for all events; to lend marketing support, and other operational liaison. d. Additional Event Marketing Support - $15,000 (funding potential by the VLMDAC) The CSE in its 11-15 coordination meeting with the VLMDAC was fortuitously offered funding support to be able to increase the hours of our marketing coordinator contract for 2013. These additional hours are needed in order to support the increased level of marketing liaison with Event Producers. On the basis of the promise of far more effective CSE-VLMDAC integration in 2013 and beyond, the VLMDAC saw significant value in this opportunity. And we see this as another strong signal of forward progress in the overall coordinated marketing effort on behalf of The Town of Vail. 12/4/2012 2013 Allocations – The Starting Point 1 VLMDAC 2013 Objectives Continue the momentum and build on the powerful leadership position of the year-round Vail brand 1.Increase May – October Occupancy 2.Increase Sales & Lodging Tax Revenue 3.Increase Group Occupancy 4.Optimize Visitor Mix 5.Increase Net Promoter Score 6.Increase Vail Brand Awareness Town Council Economic Goal •Improve Economic Vitality •Embrace International focus in our destination strategy; flights, events, marketing •Improve the quality of group business •Be proactive in our event partnerships •Advance Well-being •Improve the quality of the resort experience and ensure we are on the cutting edge of technology Town of Vail | 11/14/2012 Exhibit A 12/4/2012 2 Town of Vail | 11/14/2012 CSE – Proposed 2013 Objectives 1. Align events with the Vail Brand 2. Drive Positive Economic Impact - occupancy - sales tax - group business 3. Generate Funding leverage 4. Attract destination guests who book overnight rooms; in-state and out of state 5. Achieve an optimal event calendar 6. Achieve a superior community and guest experience CSE – Current 2013 Objectives 1. Align with the Vail Brand 2. Positive Economic Impact - lodging - restaurants - retail - destination guest volume 3. Optimal Funding leverage opportunity 4. Event Producer quality/experience 5. Timing suitability 6. Contribute to sense of community 2013 Allocations – Aligned Objectives Exhibit A 12/4/2012 CSE Mission Statement – 2013 1 New Mission Statement The Vail Commission on Special Events is accountable to deliver an annual Special Events Plan which ensures world class events that are fully aligned with Vail’s brand. The CSE should effectively and efficiently allocate available budget behind this objective. The Events Plan will deliver measureable results in terms of specific goals: economic impact, optimization of the seasonal calendar, positive community experience and integration, as well as positive guest-centric results that lead to future loyalty. Town of Vail | 10/18/2012 Exhibit B 12/4/2012 EXHIBIT C Vail Commission on Special Events 2013 Events Plan - Marketing Checklist (Abbreviated) Key marketing ‘gates’: 1. CSE representative provides upstream brand briefing with producers and liaises back to CSE board to maximize leverage opportunities 2. Alignment and/or agreement on marketing objectives 3. Alignment on planned marketing budget 4. Creative strategy 5. Marketing strategies and top line plan 6. Community engagement plan and integration 7. Appropriate calendar communication and integration 8. Marketing assets 9. Public Relations integration 10. Customer service plans 11. Producer to provide marketing liaison representative for CSE/ VLMDAC contacts 12. Real time Exec Summary to board members 12/4/2012 EXHIBIT D COMMISSION ON SPECIAL EVENTS Event Recruitment Score Card – Revised 10/03/12 Criteria Rating Does The Event Have Potential To: Increase Room Nights 0-20 Increase Sales & Lodging Revenue 0-10 Drive Group Business 0-10 Brand Fit Is the event aligned with the Vail brand and 0-10 does it bring it to life experientially on its key dimensions: 1) Physical vitality 2) Cultural vitality 3) Emotional vitality (additional weight will potentially be given to those events that begin to articulate Vail's strategic objective of developing the notion of Health & Wellness) Timing How well does it help achieve an optimal 0-5 calendar of events against occupancy opportunity and Town of Vail available assets (human and capital) Demo Fit Does it help optimize visitor mix 0-5 - In-state over night guests - Destination visitors - International Performance How well will it perform financially - Revenue 0-10 - Leveraged media exposure 0-10 Producer Qualifications Expertise, local knowledge, ability to financially leverage 0-10 Marketing Strength How effectively will it be marketed 0-10 12/4/2012 TOV/CSE 2013 RFP's Received/revised 11/27/2012 11:27 AM CSE Funding Applications for 2013 Special Events Event:Producing Entity:2013 Dates: 2012 Funds Received 2013 Funds Requested: Grid Score (600 MAX)2013 Allocation Summer Mountain Games Vail Valley Foundation Jun 6 - 9 $105,000 $100,000 551 $100,000 Snow DAZE Highline Dec 4 - 8 $50,000 $100,000 527 $50,000 Spring Back to Vail Highline Apr 8 - 14 $35,000 $100,000 523 $37,500 Vail Lacrosse Shootout Colorado Lacrosse Promotions: Additional funds to promote international participation and event integration in Vail Village Jun 29 - Jul 7 $10,000 $20,000 499 $13,000 Winter Mountain Games Vail Valley Foundation Feb 8 - 10 $70,000 $70,000 495 $50,000 Gourmet on Gore Highline Aug 30 - Sept 2 $55,000 $75,000 486 $50,000 Kick-It 3v3 Soccer Team Championships International (TCI): Additional funds to promote international participation and event integration in Vail Village Aug 2 - 4 $35,240 $40,000 484 $40,000 Keen Kids Adventure Race Vail Recreation District, Grand Traverse Adventures Aug 8 -11 $5,000 $40,000 468 $25,000 Vail Restaurant WEEK I Openers:Right of 1st refusal Suggested dates October 11-20 Sept 16 - Oct 13 $55,000 $75,000 460 $21,500 Taste of Vail Taste of Vail Inc. April 4 - 6 $20,000 $70,000 456 $30,000 Vail Film Festival Colorado Film Institute Mar 28 - 31 $50,000 $100,000 453 $40,000 Vail Valley Cup Soccer Tournament Vail Valley Soccer Club Oct 5 - 6 $2,000 $6,200 451 $5,000 Vail Rocks!Love Strength Hope 15-Jun $25,000 $25,000 445 $25,000 HoliDAZE Highline Dec 16 - 22, Dec 31 $50,000 $75,000 437 $50,000 Oktoberfest Highline Sept 6 - 8, 13 - 15 $50,000 $85,000 417 $45,000 Vail Farmer's Market and Art Festival Meadow Drive Partnership Jun 16 - Sept 22 $35,000 $40,000 415 $35,000 America Cup John Knight Sept 10 - 15 $5,000 $5,000 409 $5,000 Vail America Days Human Movement Management July 4 - 6 $65,000 $65,000 407 $40,000 Vail New Year's Eve Highline Dec. 31 $0 $20,000 403 $10,000 The Vail "Living Well" Summit DiscoverWell: Send to Town Council for funding Sept 19 - 21 $35,000 $50,000 402 $0 SORTED BY GRID SCORE HIGHEST TO LOWEST Special Event Funding Available: $768,500 Total 2013 Funding Available: $836,810.00 12/4/2012 TOV/CSE 2013 RFP's Received/revised 11/27/2012 11:27 AM CSE Funding Applications for 2013 Special Events Event:Producing Entity:2013 Dates: 2012 Funds Received 2013 Funds Requested: Grid Score (600 MAX)2013 Allocation SORTED BY GRID SCORE HIGHEST TO LOWEST Special Event Funding Available: $768,500 Total 2013 Funding Available: $836,810.00 Tour of Vail Anthem Sports: If no Pro-Challenge, consider funding using the event funds in the VLMD budgeted for the USAPCC Aug 16 - 18 $50,000 $100,000 402 $0 King of the Mountain King of the Mountain Volleyball/ Leon Fell ($3K for Solaris Contingency)June 14 - 16 $4,000 $10,000 394 $7,000 Soul Music Fest Rhonda July Jackson: Use local production company and marketing assistance Augt 16-18th OR August 23-25 $45,000 $50,000 394 $40,000 SSCV: Noram Cup Ski and Snowboard Club Vail Jan 31 - Feb 5 $0 $2,500 390 $2,000 Colorado Grand Finish Line and Concours The Colorado Grand Sept 20 - 21 $2,000 $5,000 380 $2,000 Falling Leaf 50 Mountain Bike Race Vail Recreation District Sept. 21 n/a $6,000 379 $0 Vail Arts Festival Eagle Valley Events June 28 - 30 $10,000 $18,000 379 $10,000 Ultra Race of Champions (ROC)Bad to the Bone Endurance Sports LLC Sept 27 - 28 n/a $75,000 373 $0 Lionshead Family Saturday Afternoon Club Blue Creek Productions, Inc. with The Lionshead Merchant Association 9 Sats, 6/15, 22, 29; 7/6, 13, 20, 27; 8/3 & 10)$20,000 $23,400 373 $20,000 US Youth Fly Fishing National Championships America Cup Inc Jun 20 -22 $0 $2,500 357 $2,500 Pink Vail VVMC Mar. 9 $0 $25,000 351 $10,000 Vail Songwriters Festival NCR 365 May 23 - 26 n/a $75,000 346 $0 Vail Victory Races Speckled-Hound Consulting Sep 1 & 8 n/a $45,705 322 $0 Season of Song Morris Lawrence Sept 6 - 8 $10,000 $120,000 322 $0 Vail Automotive Classic Vail Valley Concours d/b/aVail Automotive Classic Sept. 8 $1,000 $5,800 311 $1,000 Vail Global Energy Forum Vail Global Energy Forum Mar 1 - 3 n/a $35,000 310 $0 Beyond Winning and Losing Vail Symposium April 5 - 6 n/a $37,500 304 $0 Skating Club of Vail: Invitational & Mountain Fun The Skate Club of Vail July 10 - 14 $0 $7,500 303 $0 Commando Bootcamp Games and Mutt'er Run Jim Reynolds May 25 - 26 n/a $10,000 241 $0 Vail Whitewater Park Kayak Demos Alpine Kayak Tues, May 14-June 18 $2,000 $3,000 229 $2,000 Carpenter's Ball Habitat for Humanity Mar. 9 n/a $5,000 185 $0 TOTAL:$1,818,105 $768,500 12/4/2012 TOV/CSE 2013 RFP's Received/revised 11/27/2012 11:27 AM CSE Funding Applications for 2013 Special Events Event:Producing Entity:2013 Dates: 2012 Funds Received 2013 Funds Requested: Grid Score (600 MAX)2013 Allocation SORTED BY GRID SCORE HIGHEST TO LOWEST Special Event Funding Available: $768,500 Total 2013 Funding Available: $836,810.00 Event Funds remaining:$0 Administrative Allocations:As approved November 7, 2012 Admin Expenses:$3,050 Professional Fees: Assistant $15,360 Winter:$279,500 Professional Fees: Consulting $49,900 Summer:$489,000 Total Administrative Costs:$68,310 CSE Requests to Council:The Vail Living Well Summit $25,000 Event/Marketing Liaison $15,000 Intercept / Attendance Research $50,000 Memorial Day (not to exceed)$100,000 TOTAL:$190,000 (Possible funding from VLMD) Funds Allocated Per Season: 12/4/2012 1 Ma r c h A p r i l M a y J u n e J u l y A u g u s t S e p t . O c t . NovDec. 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NovDec. Su m m e r Ga m e s Ta s t e o f Va i l Va i l La c r o s s e Sh o o t o u t US Ski Team Event Va i l A r t s Fe s t i v a l Ki n g M t n Vo l l e y b a l l Go u r m e t On G o r e Snow DazeHolidaze Br a v o Da n c e Fe s t i v a l Am e r i c a Da y s 3x 3 So c c e r Ki d s Ad v e n t u r e Ra c e So u l F e s t WW K a y a k i n g De m o s Ok t o b e r f e s t I & I I Au t o Cl a s s i c Co l o Gr a n d Li v i n g W e l l Su m m i t Am e r i c a ’ s Cu p Ch a l l e n g e Cu p Fa r m e r s LH S A C Fa r m e r s LH S A C Fa r m e r s LH S A C Fa r m e r s LH S A C Fa r m e r s LH S A C Fa r m e r s LH S A C Fa r e r s LH S A C HS N H S N H S N H S N H S N H S N H S N 20 1 3 C a l e n d a r – N e w E v e n t s / N e w T i m i n g Va i l F i l m Fe s t i v a l Sp r i n g Ba c k T o Va i l Va i l J a z z Fe s t i v a l Va i l J a z z Fe s t i v a l Va i l J a z z Fe s t i v a l Va i l V a l l e y So c c e r Va i l Ro c k s ! New Year’s Eve Pi n k Va i l Ne w Ev e n t Bu r t o n U S Op e n Wi n t e r Ga m e s Yo u t h F l y Fi s h i n g C h a m p . To w n of Va i l | 11 / 1 4 / 2 0 1 2 12/4/2012 To: Vail Town Council From: Vail Local Marketing District Advisory Council (VLMDAC) Date: November 26, 2012 The VLMDAC would like to endorse the efforts and 2013 funding plan that the CSE recently presented at the November 15th, 2012 VLMD meeting. At the direction of the Vail Town Council, VLMDAC and CSE have been working closely on increasing our collaborative efforts. We have asked the CSE to focus on events that support the Vail brand and attract overnight guests. The CSE has listened and has actively worked to improve their strategy, increase their accountability and develop tactics to support our new and current events. The VLMDAC also supports additional funding for staffing so that the Town of Vail and CSE can assist the event promoters to develop and grow the most successful events possible for all parties. The VLMDAC looks forward to our continued partnership with the CSE in the years ahead. 12/4/2012 2013 PROPOSED BUDGET Second Reading of Ordinance No. 16, Series 2012 November 6, 2012 12/4/2012 Town of Vail Proposed 2013 Budget Table of Contents 2013 Budget Highlights 1 Major Revenue Analysis 10 Summary of Changes in Personnel 11 Ten-Year Summary of Budgeted Positions by Department 12 Employee Benefits Summary 14 This report shows the list of employee benefits by percentage and costs. General Fund Revenue and Expenditures 15 This schedule shows the major revenue and expenditures by category in the General Fund Summary of Operating Expense 17 This schedule shows all operating expenditures, no matter what Fund they are paid from Contributions and Special Events 18 Capital Projects Fund Revenue and Expenditures 29 This schedule shows revenue by type and expenditures by project in the Capital Projects Fund for 2012, Proposed 2013, and 2014 - 2017 plan Real Estate Transfer Tax Fund Revenue and Expenditures 32 This schedule shows revenue by type and expenditures by project in the RETT Fund for 2012, Proposed 2013, and 2014 - 2017 plan Marketing (Business License) Fund Revenue and Expenditures 34 Debt Services Fund Revenue and Expenditures 34 Heavy Equipment Fund Revenue and Expenditures 35 Dispatch Services Fund Revenue and Expenditures 35 Conference Center Fund Revenue and Expenditures 36 Health Insurance Fund Revenue and Expenditures 36 12/4/2012 1 TOWN OF VAIL 2013 BUDGET PROPOSAL GENERAL AND RELATED FUNDS Changes from the first ordinance reading are highlighted The Town of Vail 2013 budget proposal presented in this document reflects the town’s vision to be the premier international mountain resort community in a fiscally responsible manner. It provides for a continuation of the high level of service the town is known for and reflects an impressive list of new or improved municipal facilities and services. The following objectives were used in the creation of the budget: Develop a sustainable budget that operates within annual revenues The budget will continue to reflect the town’s vision to be the premier international mountain resort community and will support areas of strategic focus identified by Council including Improvement of Economic Vitality, Grow a Balanced Community, Improve the Quality of the Experience and Develop Future Leadership Departments hold expenses flat with the 2012 budget except for new facilities, IT services relating to ongoing projects and increased guest services such as extended information booth hours of operation Continue “managed vacancies” policy, with the Town Manager’s approval needed for any vacant position to be filled Investigate potential to contract out services where appropriate and when opportunities arise No increase to overall employee headcount (FTEs) Significant commitments to iconic events such as the 2015 Alpine World Championship, 2015 Nation’s Event at Golden Peak, Pro-cycling Challenge and Burton US Open funded from General Fund reserves, outside of the town’s normal operations for the year The Town is underway with several major capital projects, including a renovation of the Main Vail Fire Station, a renovation of the Clubhouse at the Vail Golf Course and Nordic Center, improvements to the Ford Park Fields, improvements to the Ford Amphitheater, reconstruction of portal entries into Lionshead, and renovation of the Vail Village Information Booth. This revised budget proposal reflects the removal of redevelopment of the town’s municipal site. Historically the town has funded all capital projects through the Capital Projects Fund, and later through the Real Estate Transfer Tax fund for eligible projects. Now the town has more options and several of the town’s more recent (and future) major projects have other sources of funding including: Vail Reinvestment Authority bonds and other Tax Increment Financing (TIF) revenue; Conference Center Fund re-allocation; and cost sharing with the Vail Recreation District and Vail Valley Foundation. Below are details of assumptions used in the development of the proposed 2013 budget: REVENUE The town’s 2013 budget is funded by a projected $49.0 million net revenue budget. Net revenues exclude inter-fund charges and transfers. 2013 projected revenues are 13.8% less than 2012 amended and a 16.1% decrease from 2011. (See page 10 for Major Revenue Analysis). The large variance relates to the reimbursement the town 12/4/2012 2 received from the Vail Reinvestment Authority during 2012 for various capital projects in the Lionshead district. The below chart identifies the various sources of town revenue: Sales Tax will produce approximately 41% of annual revenue for 2013. The $20.1 million of sales tax projected is a 1.5% increase from a forecasted $19.8 million for 2012 collections, and a 2.6% increase from 2011 actual collections. Real Estate Transfer Tax collections of $4.7 million represent 10% of total annual revenues. Since 2004, we have separated RETT revenue into two categories: collections from major redevelopment projects (such as the Four Seasons, Ritz Carlton Residences, Solaris, etc.) and “base” collections, which represent all other real estate transactions. This separation allows for more accurate trending. Both “base” collections and collections from major redevelopment are projected flat with forecasted 2012 and a 6% increase from 2011, assuming a conservative amount of re-sales. Property and Ownership Tax of $4.2 million will generate 9% of total revenues for 2013. For 2012 collections, newly redeveloped properties helped to offset a 32% decrease in base property values, for an overall reduction of only 16%. 2013 revenues are projected to be nearly flat with 2012, as the re-assessment will impact 2014 revenue collections. The current base mil levy is 4.69 and constitutes approximately 10% of the average taxpayer’s property tax bill. The property tax projection is based on the November ’12 report received from the county assessor. Parking revenue from the transportation centers is projected at $3.8 million for 2013, or 7% of total revenues. This projection is flat with 2012, and a 4.6% decrease from 2011. 12/4/2012 3 Intergovernmental revenue includes federal and state grants, county sales tax, county road and bridge tax, highway users’ tax, cigarette tax and E911 Authority Board. For 2013, this revenue source represents $2.9 million, or 6% of total revenues for the town. While the majority of these funds are from taxes, they also include a federal grant of $39,000 for fire fighters from the SAFER grant. Ski Lift Tax and Franchise Fees total $3.5 million and $1.1 million, respectively for 2013, representing 9% of the total annual revenue. The town will continue to receive reimbursement from the Vail Reinvestment Authority for expenditures directly relating to capital projects within the tax increment financing district. In 2013, the town expects to be reimbursed a total of $1.2 million for those projects. More detail on these projects is included below under Capital Projects Fund expenditures. EXPENDITURES The town’s expenditure budget for 2013 is $63.5 million excluding inter-fund transfers and charges. This is a 22.2% decrease from the 2012 amended budget, mainly due to large capital projects currently underway in 2012 that will most likely continue into 2013 such as the Lionshead Portal projects, renovation of the Vail Village Information Booth, Guest Service Enhancements and Wayfinding projects, etc. Included in this amount are capital projects that will be reimbursed from the Vail Reinvestment Authority (see Capital Projects section below). Also included in this amount is a total of $16.0 million in expenditures proposed to facilitate a re-financing of Timber Ridge Affordable Housing Corporation (TRAHC) debt. It is proposed that the town would invest $8.0 million to buy down deed restrictions on half the property using General Fund reserves. Another $8.0 million would be loaned from the Capital Projects Fund at 1.5% with a 20-year, payback. Fifty-seven percent of the expenditures are to provide municipal services, seventeen percent to fund capital improvements and twenty-six percent to re-finance Timber Ridge debt. The town does not currently have any debt service payments due in 2013 or beyond. 12/4/2012 4 Within municipal services, 63% of spending is related to staffing costs. These costs include salary expense, overtime, and benefits such as health insurance, disability coverage, worker’s compensation, pension, life insurance, unemployment and Medicare. The town’s operations are supported by 284 full time equivalent (FTE) positions in 2013, flat with 2012 and down from 300 at the beginning of 2009. Of these, 212.8 are full-time regular employees. Shifts in headcount include the reduction of 2 full-time positions, with those services now contracted out (2 custodian positions). Additions include a .48 FTE summer seasonal for the streets department based on increased event attendance and frequency, two summer seasonal positions (.96 FTE) for the landscape and irrigation crew based on increased maintenance from new facilities and medians, and a .5 FTE for a temporary position in the Finance department to assist with the new system implementation. A vacant Code Enforcement Officer position will be filled, which will provide additional service at high traffic locations such as Hanson Ranch Road, East Lionshead Circle and Golden Peak. Please refer to page 11 for summary of FTE changes, and page 12 for a 10-year history of the town’s FTE count. Employee benefits are projected at $5.9 million, representing 36.7% of base salary expense for 2013 (please refer to page 14 for a breakout of employee benefits). The largest single component of benefit cost is health insurance at 49%, followed by pension contributions at 35%. Health claims are a significant portion of employee benefits costs and have been trending at an annual increase of 10% per year for the last several years. Staff is managing rising costs by sharing a portion of these expenses with employees through changes to health plan design (for example, increases to employee-paid deductibles, co- pays and out of pocket maximums). Employee monthly premiums will also increase. The town plans to use $117,000 of Health Insurance Fund reserves (these reserves grow from annual contributions by both employees and the town, with most of the current growth occurring between 2001 and 2008). The reserves are intended to protect the town from excessive claim activity (unanticipated) in one year, and current reserves adequately provide this protection. See page 36 for a detailed fund statement for the Health Insurance Fund. 12/4/2012 5 While the above narrative summarized the overall proposed town financial outlook for 2013, the following provides an explanation of budgetary assumptions for each fund: GENERAL FUND The General Fund supports the town’s basic municipal operations. The attached General Fund proposed budget for these operations has a surplus of $4,483, which does not include $875,000 in commitments to large special events such as the World Alpine Ski Championships or Burton US Open Snowboarding Championships. Since the first reading of the budget on November 6th, Council directed staff to include an $8.0 million investment in deed restrictions at Timber Ridge out of reserves as well. With the inclusion of this investment and iconic event spending, the resulting fund balance will total $13.5 million at the end of 2013, representing 45% of annual revenues. 25% is the Council directive as the minimum fund balance. REVENUE - $30,323,775 The General Fund’s primary source of revenue is sales tax followed by property and ownership tax, parking, and lift tax. While budgeted sales tax collections have increased, the town has also experienced decreases to both property tax and parking revenues. Other revenue items have helped to reduce the impact of these decreases in annual revenue streams, but the town is still challenged to operate within annual collections. Sales Tax - $12,261,000 In this budget proposal, 61% of the town’s 4% general sales tax is allocated to the General Fund. The remaining 39% is allocated to the Capital Projects Fund. While this split is the same percentage used on average over the last 10 years for budget purposes, the actual share of revenue has averaged 50/50 since 2005. The “split” percentages change when sales tax collections do better than expected (excess revenue goes directly to the Capital Projects Fund) and the above averages include the impact of transfers of fund balance from the General Fund to the Capital Projects Fund. Since 2001, $10.1 million has been transferred into the Capital Projects Fund for both specific projects and to increase capital reserves. Historically Council has approved budgets with a super-majority vote for any split other than 50/50. While staff is recommending a 61/39 split of sales tax collections, we will continue to implement the policy of allocating any revenues in excess of the original budget to the Capital Projects Fund, as has been done in years past. 2013 sales tax revenue is projected to be 1.5% higher than forecasted 2012 collections of $19.8 million, and a 2.6% increase from 2011. Licenses and Permit Fees - $1,280,580 The largest component of licenses and permits is construction permit fees, which includes building, mechanical, plumbing, and electrical permits. The 2013 budget for construction permits is projected based on a four-year average of annual collections and does not anticipate any major redevelopment projects. Property Tax, Parking Revenue, Ski Lift Tax and Franchise Fees budgetary assumptions were discussed above, in the Revenue section. 12/4/2012 6 EXPENDITURES - $39,194,292 As a service organization, the majority of spending relates to staffing. For 2013, this represents $18.7 million or 60% of total expenditures (excluding $8.0 million Timber Ridge investment) which includes benefits and a 4% proposed merit increase based on employee performance. Departmental spending of $6.8 million (also labeled as “All Other Operating” in the General Fund statement) is an increase of 4.3% from the 2012 amended budget. Notable changes include an increase in the management of technology projects such as new permitting software, a phone system changeover and completion of the finance system overhaul. Other changes include a request for additional seasonal staffing to help manage growing attendance at a number of special events, increased operating hours for the Welcome Centers and operational expenses related to The Grand View, the new community space in the Lionshead Welcome Center. “Contributions and Special Events” includes the Economic Development / Commission on Special Event department, as well as staff recommendations for Council Contributions (pages 18-28). The 2013 proposed expenditures followed the budget guidelines for all other departments, to remain flat with 2012 budget. The CSE has requested an additional $190,000 for event funding, marketing support for events and staffing. Additional contributions to the 2015 World Alpine Ski Championships ($250K per year for 5 years), the 2015 Nations Event at Golden Peak ($375K per year for 4 years) as well as the Burton US Open (at $250K) are proposed to be funded from General Fund reserves because they cannot be absorbed within the annual budget allocations. Staff recommends supplementing the budget at a later date for a potential Pro-cycling Challenge once more information is gathered about the event. “Heavy Equipment Operating and Replacement” charges are projected at a less than 1% increase from the 2012 amended budget. The operating costs are charged back to departments based on their use of the vehicles and equipment. Replacement charges are based on a long-term replacement plan for town vehicles. These internal service charges go into the Heavy Equipment Fund as revenues. Dispatch Services charges total $569,193 for 2013 based on a three-year average usage by the town (34.3% of total 911 call volume). While call volume has increased 8.9% from 2012, the 2013 charges are a decrease of 1.1% due to the E911 Authority Board funding one additional dispatch position. This has reduced the charges to all participating agencies. These service charges go into the Dispatch Services Fund as revenue. An investment in deed restrictions at Timber Ridge of $8.0 million is proposed, to be funded by General Fund reserves. The projected 2013 General Fund budget results in a net increase to fund balance of $4,483 before iconic event spending. After funding of those events and $8.0 million investment in deed restrictions at Timber Ridge, the General Fund reserves are projected at a 45% of annual revenues, or $13.5 million by the end of 2013. 12/4/2012 7 CAPITAL PROJECTS FUND REVENUE - $10,767,049 Total revenue includes $1.2 million in reimbursement from the Vail Reinvestment Authority for expenditures directly relating to capital projects within the tax increment financing district. Sales tax is a primary revenue source for capital projects. For 2013, $7,839,000 or 39% of the town’s projected sales tax revenue is allocated to the Capital Projects Fund. The $5.0 million in revenue from the sale of land to the Medical Office Building group as a part of the municipal site redevelopment has been removed. Use Tax collections are budgeted at $1.0 million, flat with the 2012 amended budget. 2012 collections currently exceed the budgeted amount however this includes some activity from large residential and commercial renovation projects. No major projects are assumed for 2013. EXPENDITURES - $16,797,900 $1.2 million of the above will be reimbursed by the Vail Reinvestment Authority (VRA) for capital projects within the Lionshead TIF District such as Guest Services Enhancements ($500K), a feasibility study for a Simba Run underpass with costs split with CDOT ($200K), a renovation of the Lionshead parking structure entry ($200K) and $310K of annual parking structure capital maintenance costs. Other noteworthy projects for 2013 include: Completion of the Main Vail Fire Station renovation at $1.75 million; this project was started in 2012. Guest Service Enhancement project ($1.1M), with $500,000 to be reimbursed by VRA for improvements within the district. CDOT-required parking at Safeway at a total cost of $700,000 Business Systems replacement totaling $575K which includes $175K to complete the replacement of the town’s financial accounting system (as previously budgeted over a two-year period) and $350K for the replacement of the Community Development permitting system. All construction and relocation cost estimates for the municipal site redevelopment were removed from this budget proposal. A loan to TRAHC is proposed at $8.0 million, with a 20-year payback at 1.5% interest. This loan would be funded with reserves. The Capital Projects fund is projected to have a fund balance of $5.6M at the end of 2013. 12/4/2012 8 REAL ESTATE TRANSFER TAX (RETT) FUND REVENUE - $4,877,215 The primary revenue source for this fund is the 1% real estate transfer tax, accounting for $4,671,000 in projected revenue for 2013. Collections are projected flat with forecasted 2012 assuming a conservative amount of re-sales. EXPENDITURES - $4,274,378 Use of the RETT Fund is restricted by ordinance to parks, recreation, open space, and environmental sustainability. RETT currently provides funding for both operating and capital expenditures within those categories. Total operating expense of $2.4M for 2013 includes: Annual Park and Landscape maintenance ($1.4M) Environmental Sustainability staff and programs ($250,000) Continuation of Forest Health projects ($195,000) Management of AIPP programs ($94,005) Betty Ford Alpine Garden annual support ($65,620) Eagle River Watershed Council support for Black Gore Creek projects ($62,000) Noteworthy capital projects for 2013 include: Stream bank mitigation ($750,000) Bike lanes on the south frontage road ($600K) from West Vail to roundabout to Matterhorn The start of construction for improvements to the Ford Park portals ($100K) Continuation of projects at Ford Park and the Clubhouse at the Vail Golf Course and Nordic Center – no dollars are proposed for 2013. Unused funds from 2012 will be requested in the spring of 2013 budget supplemental. The RETT fund is projected to have a fund balance of $10.0 million by the end of 2013. VAIL MARKETING FUND Business license fees provide the revenue for this fund, which is restricted to marketing Vail. Revenue is expected to be flat with 2012. Expenditures for marketing through the Commission on Special Events (CSE) are budgeted at $300,000. DEBT SERVICE FUND This fund is used to manage principal and interest on the town’s outstanding debt. No activity is currently showing as all prior debt will be paid off by December, 2012. 12/4/2012 9 HEAVY EQUIPMENT FUND This is an internal services fund that manages the maintenance and repair of town vehicles and equipment and the purchase of replacement vehicles other than buses and fire trucks. Costs are charged back to departments based on their use of the vehicles and equipment. DISPATCH SERVICES FUND This is an enterprise fund, e.g., more than half of its revenue is from sources outside of the town, managing emergency communications for all of Eagle County. The E911 Board has agreed to fund one additional dispatch position, so in total now funds eight dispatcher positions, two supervisor positions and a systems engineer. In 2013, there is a 1.1% decrease in the town’s fees based on additional funding from the E911 Board, offset by an increase in call volume, of which Vail Police and Vail Fire total 34.3%. CONFERENCE CENTER FUND This fund was established in 2003 to account for a 1.5% public accommodations tax and a .5% sales tax imposed by election for the purpose of building and operating a conference center in the town. These taxes were rescinded by election in November of 2005. In November, 2011 voters approved using accumulated funds for three capital projects (major renovations of the Vail Golf Course and Nordic Center, Ford Park Fields and the Ford Park Amphitheater). Two of the projects will be managed by the town and are reported within the RETT Fund, partially paid for by Conference Center funds of $6.8 million budgeted in 2012. Also in 2012, the town has budgeted to contribute $2.1 million to the renovation of the Ford Amphitheater, a project managed by the Vail Valley Foundation. This expenditure will be charged directly to the Conference Center Fund. HEALTH INSURANCE FUND This internal services fund manages the costs of providing health and short-term disability insurance to employees. Net costs are charged to departments as employee benefits. Since the town is self-insured on these items, a sufficient fund balance is maintained to absorb extraordinary claims experience. Claims over $75,000 per person are covered by an indemnity “stop loss” insurance product. Although increasing healthcare costs are shared with employees, staff has recommended use of $117,000 of fund balance to help offset the anticipated increase in medical claims for 2013. This Fund is projected to have a fund balance of $702,384 by the end of 2013. 12/4/2012 Ma j o r R e v e n u e A n a l y s i s 20 1 3 B u d g e t 20 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0 2 0 1 1 2 0 1 2 2 0 1 3 Ac t u a l A c t u a l A c t u a l A c t u a l Act u a l Act u a l Act u a l Act u a l Ame n d e d P r o p o s e d C o m m e n t s % v s . 2 0 1 2 A m d Ge n e r a l S a l e s T a x 15 , 5 8 1 , 5 7 5 1 6 , 7 9 1 , 1 5 7 1 7 , 9 8 6 , 7 9 6 1 8 , 9 1 3 , 1 3 8 1 9 , 6 3 1 , 3 6 6 1 6 , 9 1 3 , 3 3 8 1 7 , 6 7 6 , 1 1 5 1 9 , 5 8 1 , 4 1 4 1 8 , 9 0 0 , 0 0 0 2 0 , 1 0 0 , 0 0 0 2 0 1 3 p r o j e c t e d 1 . 5 % h i g h e r t h a n f o r e c a s t e d 2 0 1 2 c o l l e c t i o n s ; 2 . 6 % a b o v e 2 0 1 1 a c t u a l 5. 7 % 7 . 8 % 7 . 1 % 5 . 2 % 3 . 8 % - 1 3 . 8 % 4. 5 % 1 0 . 8 % - 3 . 5 % 6. 3 % RE T T T a x 4, 8 5 0 , 1 5 2 6 , 2 0 6 , 0 5 4 6 , 2 3 9 , 7 4 4 6 , 5 3 6 , 1 1 8 9 , 0 9 1 , 9 1 7 2 , 5 1 3 , 4 8 1 6 , 9 5 0 , 7 0 1 4 , 4 0 3 , 7 0 6 3 , 8 3 5 , 0 0 0 4 , 6 7 1 , 0 0 0 F l a t w i t h f o r e c a s t e d 2 0 1 2 b a s e d o n c u r r e n t y e a r t o d a t e c o l l e c t i o n s o f $ 4 . 1 M 48 . 3 % 2 8 . 0 % 0 . 5 % 4 . 7 % 3 9 . 1 % - 7 2 . 4 % 1 7 6 . 5 % - 3 6 . 6 % - 1 2 . 9 % 2 1 . 8 % Ba s e s a l e s m a k e u p 7 5 % o f t o t a l p r o j e c t i o n f o r 2 0 1 3 Pa r k i n g R e v e n u e 3, 2 8 5 , 9 3 2 3 , 6 5 1 , 5 3 7 4 , 0 0 7 , 3 3 4 4 , 5 1 4 , 3 9 2 4 , 7 0 5 , 9 8 5 4 , 9 7 5 , 7 9 5 5 , 0 3 7 , 0 4 2 4 , 0 2 3 , 9 4 0 3 , 8 3 9 , 0 0 0 3 , 8 3 9 , 0 0 0 Fl a t w i t h 2 0 1 2 a m e n d e d a n d a 4 . 6 % d e c r e a s e f r o m 2 0 1 1 9. 8 % 1 1 . 1 % 9 . 7 % 1 2 . 7 % 4 . 2 % 5 . 7 % 1. 2 % - 2 0 . 1 % - 4 . 6 % 0. 0 % Pr o p e r t y & O w n e r s h i p T a x 2, 6 2 1 , 4 9 4 2 , 6 2 7 , 8 7 7 2 , 9 3 1 , 3 4 7 3 , 0 1 2 , 0 3 0 4 , 3 0 9 , 6 2 2 4 , 5 0 6 , 4 9 1 4 , 9 5 1 , 3 8 6 5 , 0 3 1 , 7 7 0 4 , 2 3 2 , 0 0 0 4 , 2 1 7 , 0 0 0 N o n - a s s e s s m e n t y e a r ; R e f l e c t s m o s t r e c e n t C o u n t y A s s e s s o r r e p o r t i n N o v . ' 1 2 -7 . 1 % 0 . 2 % 1 1 . 5 % 2 . 8 % 4 3 . 1 % 4 . 6 % 9. 9 % 1. 6 % - 1 5 . 9 % - 0 . 4 % Li f t T a x R e v e n u e 2, 4 9 6 , 1 6 2 2 , 7 7 7 , 6 9 8 2 , 9 7 5 , 0 9 7 3 , 0 3 9 , 6 1 9 3 , 2 7 7 , 7 0 3 3 , 0 4 8 , 0 1 1 3 , 3 5 7 , 7 1 7 3 , 5 2 9 , 1 2 5 3 , 4 9 2 , 0 0 0 3 , 4 9 2 , 0 0 0 2 0 1 3 b u d g e t e d f l a t w i t h 2 0 1 2 a m e n d e d ; 1 . 1 % d e c r e a s e f r o m 2 0 1 1 9. 8 % 1 1 . 3 % 7 . 1 % 2 . 2 % 7 . 8 % - 7 . 0 % 1 0 . 2 % 5. 1 % - 1 . 1 % 0. 0 % Ye a r t o d a t e 2 0 1 2 i s c u r r e n t l y d o w n 2 . 7 % f r o m 2 0 1 1 c o l l e c t i o n s ( c a l e n d a r y e a r , n o t s e a s o n ) Co n s t r u c t i o n F e e s 1, 6 0 8 , 4 6 1 2 , 4 6 6 , 0 5 4 3 , 4 8 1 , 9 8 9 4 , 9 9 2 , 7 5 2 3 , 7 9 9 , 4 4 4 1 , 3 4 1 , 7 3 1 1 , 2 7 2 , 6 0 6 9 8 5 , 3 7 7 1 , 0 8 3 , 0 0 0 1 , 1 8 4 , 6 6 0 B a s e d o n a v e r a g e a n n u a l c o l l e c t i o n s o v e r t h e l a s t 4 y e a r s 57 . 6 % 5 3 . 3 % 4 1 . 2 % 4 3 . 4 % - 2 3 . 9 % - 6 4 . 7 % -5 . 2 % - 2 2 . 6 % 9 . 9 % 9. 4 % Do e s n o t i n c l u d e i m p a c t o f M u n i c i p a l a n d M e d i c a l o f f i c e p r o j e c t s Co n s t r u c t i o n U s e T a x - - - - 60 8 , 4 8 3 71 3 , 5 8 2 1, 1 0 3 , 1 1 9 72 1 , 0 0 2 1, 0 0 0 , 0 0 0 1, 0 0 0 , 0 0 0 Fl a t w i t h 2 0 1 2 ; D o e s n o t i n c l u d e i m p a c t o f M u n i c i p a l a n d M e d i c a l o f f i c e p r o j e c t s N/ A 17 . 3 % 5 4 . 6 % - 3 4 . 6 % 3 8 . 7 % 0. 0 % Ot h e r T a x e s 1, 2 5 4 , 0 0 5 1 , 2 5 1 , 9 2 8 1 , 3 6 7 , 1 3 9 1 , 3 9 9 , 7 3 9 1 , 6 4 4 , 9 7 5 1 , 5 4 5 , 5 3 5 1 , 7 1 1 , 3 5 0 1 , 8 0 6 , 7 0 8 1 , 7 4 2 , 6 0 0 1 , 8 0 4 , 6 1 4 C o u n t y s a l e s t a x ( b a s e d o n T O V s a l e s t a x ) , R o a d & B r i d g e , H w y u s e r s r e v e n u e , e t c . -0 . 9 % - 0 . 2 % 9 . 2 % 2 . 4 % 1 7 . 5 % - 6 . 0 % 1 0 . 7 % 5. 6 % - 3 . 5 % 3. 6 % In c r e a s e i n R o a d & B r i d g e b a s e d o n 5 - y e a r a v e r a g e Al l o t h e r i t e m s f l a t Fe d e r a l / C o u n t y G r a n t s 1, 4 1 2 , 0 9 8 1 9 , 5 0 0 1 , 7 3 9 , 0 5 2 5 9 , 5 4 2 - 2 0 3 , 7 6 5 3 , 7 8 5 , 1 4 4 1 , 5 9 6 , 0 4 0 9 8 2 , 0 1 0 3 9 , 0 6 0 SA F E R g r a n t ( t h r u 2 0 1 3 ) , C O P S g r a n t ( t h r u 2 0 1 2 ) ; 2 0 1 2 a m e n d e d $ 8 2 8 K M a t t e r h o r n B r i d g e 14 7 4 . 2 % - 9 8 . 6 % 8 8 1 8 . 2 % - 9 6 . 6 % N/ A 17 5 7 . 6 % - 5 7 . 8 % - 3 8 . 5 % - 9 6 . 0 % Ea r n i n g s o n I n v e s t m e n t s 44 6 , 4 3 0 1, 1 1 2 , 8 7 2 2, 1 3 3 , 3 1 5 2, 6 2 4 , 0 9 2 1, 8 4 1 , 3 3 5 46 0 , 2 3 4 33 0 , 2 1 6 53 9 , 5 4 1 33 0 , 0 2 4 29 8 , 7 9 6 2 0 1 3 b a s e d o n . 5 % r e t u r n o n a v a i l a b l e f u n d b a l a n c e 43 . 1 % 1 4 9 . 3 % 9 1 . 7 % 2 3 . 0 % - 2 9 . 8 % - 7 5 . 0 % - 2 8 . 3 % 6 3 . 4 % - 3 8 . 8 % - 9 . 5 % Re n t a l I n c o m e 80 3 , 9 3 9 7 8 0 , 2 1 4 8 2 7 , 2 8 0 8 9 7 , 9 5 8 9 4 9 , 9 6 1 9 1 2 , 0 9 0 8 6 2 , 1 5 1 8 9 5 , 8 7 2 9 2 9 , 8 1 6 9 0 5 , 6 0 5 S l i g h t d e c r e a s e f r o m 2 0 1 2 ; S i n c e 2 0 1 0 , o v e r a l l r e n t a l a c t i v i t y h a s d e c r e a s e d d u e t o 30 . 4 % - 3 . 0 % 6 . 0 % 8 . 5 % 5 . 8 % - 4 . 0 % -5 . 5 % 3. 9 % 3 . 8 % - 2 . 6 % m a r k e t p r i c i n g a n d a v a i l a b i l i t y E9 1 1 a n d I n t e r a g e n c y D i s p a t c h 1, 0 8 8 , 0 6 8 1, 1 6 5 , 1 6 4 1, 3 3 7 , 5 8 3 1, 5 2 8 , 6 0 8 1, 6 5 7 , 6 2 2 1, 9 0 4 , 5 7 2 1, 9 0 8 , 5 9 1 1, 9 5 8 , 5 8 1 1, 9 1 9 , 3 1 7 1, 9 2 8 , 9 4 1 Fu n d i n g b y E 9 1 1 A u t h o r i t y B o a r d a n d p a r t i c i p a t i n g a g e n c i e s ; S l i g h t i n c r e a s e d u e t o 4. 9 % 7 . 1 % 1 4 . 8 % 1 4 . 3 % 8 . 4 % 1 4 . 9 % 0. 2 % 2. 6 % - 2 . 0 % 0. 5 % c a l l v o l u m e ; W o u l d h a v e b e e n h i g h e r b u t E 9 1 1 B o a r d f u n d i n g a d d i t i o n a l p o s i t i o n 20 1 0 & 2 0 1 1 f o r L i o n s H e a d T r a n s i t a n d W e l c o m e C e n t e r s Vai l R e i n v e s t m e n t A u t h o r i t y T r a n s f e r s - - - - - 1 , 0 7 0 , 3 6 5 7, 1 2 5 , 1 9 6 9, 0 3 5 , 0 0 0 1, 2 1 0 , 0 0 0 20 1 2 f o r L i o n s H e a d P o r t a l p r o j e c t s , E n e r g y e n h a n c e m e n t s , L i b r a r y r e m o d e l a n d G u e s t S e r v i c e s N/ A 56 5 . 7 % 2 6 . 8 % - 8 6 . 6 % 20 1 3 f o r c o n t i n u a t i o n o f G u e s t S e r v i c e E n h a n c e m e n t s , L H p a r k i n g e n t r y , e t c . Al l O t h e r R e v e n u e 8, 6 0 9 , 5 6 9 1 0 , 0 9 1 , 6 6 1 5 , 1 3 7 , 2 8 1 7 , 3 2 7 , 2 2 8 6 , 5 0 0 , 2 8 5 4 , 8 8 5 , 9 1 6 7 , 9 5 7 , 3 0 8 6 , 2 3 8 , 7 5 1 5 , 5 6 3 , 9 8 2 4 , 3 3 8 , 0 4 0 2 0 0 5 i n c l . $ 4 M C o n f e r e n c e C e n t e r c o l l e c t i o n s & $ 2 M p r o j e c t r e i m b . 9. 5 % 1 7 . 2 % - 4 9 . 1 % 4 2 . 6 % - 1 1 . 3 % - 2 4 . 8 % 6 2 . 9 % - 2 1 . 6 % - 1 0 . 8 % - 2 2 . 0 % 20 0 7 i n c l . $ 1 . 2 M r e c r e a t i o n a m m e n i t i e s a n d $ 1 . 3 M p r o j e c t r e i m b . 20 0 8 i n c l . o v e r $ 1 M o f p r o j e c t r e i m b u r s e m e n t a n d $ 5 0 0 K i n H o u s i n g F e e i n L i e u To t a l R e v e n u e 44 , 0 5 7 , 8 8 5 4 8 , 9 4 1 , 7 1 6 5 0 , 1 6 3 , 9 5 8 5 4 , 8 4 5 , 2 1 7 5 8 , 0 1 8 , 6 9 8 4 3 , 9 2 4 , 5 4 2 5 7 , 9 7 3 , 8 1 1 5 8 , 4 3 7 , 0 2 4 5 6 , 8 8 3 , 7 4 9 4 9 , 0 2 8 , 7 1 6 2 0 1 0 i n c l . r e p a y m e n t o f V R D p r o m i s s o r y n o t e ( $ 1 . 0 2 8 M ) , s a l e o f A r o s a d u p l e x ( $ 8 1 6 K ) % c o m p a r e d t o P r i o r Y e a r 15 . 0 % 1 1 . 1 % 2 . 5 % 9 . 3 % 5 . 8 % - 2 4 . 3 % 3 2 . 0 % 0 . 8 % - 2 . 7 % - 1 3 . 8 % V a i l R e s o r t s r e m i b f o r s k i e r d r o p o f f $ 7 2 5 K a n d p r o j e c t r e i m b u r s e m e n t s $ 7 8 3 K -1 6 . 1 % w/ o V R A R e i m b u r s e m e n t : 10 12/4/2012 2013 ChangesComments Full-time Regular Positions Finance technician 0.50 Temporary position during systems projects CSE Coordinator schedule 0.05 Increase in 2 hours per week Facilities Custodians (2.00) Removed vacant custodian positions; contract services now (1.45) Seasonal Positions Landscape technician 0.48 Increase due to new facilities & medians Irrigation technician 0.48 Increase due to new facilities & medians Streets summer HEO 0.48 Increase due to number and attendance of special events 1.44 Total Changes to FTE Count:(0.01) Town of Vail 2013 Proposed Budget Summary of Changes in Personnel From 2012 Original Budget to 2013 Budget 11 12/4/2012 TO W N O F V A I L 2 0 1 3 B U D G E T 2013 Positions De p a r t m e n t 20 0 3 2 0 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0 2 0 1 1 2 0 1 2 2 0 1 3 C h a n g e Fu l l - T i m e R e g u l a r P o s i t i o n s - F u n d e d b y T O V To w n O f f i c i a l s 7. 1 0 6 . 5 0 6 . 9 0 6 . 9 0 7 . 0 6 6 . 2 3 6 . 2 3 6 . 2 3 5 . 4 3 4 . 4 3 4 . 4 3 0 . 0 0 Ad m i n i s t r a t i v e S e r v i c e s 18 . 0 0 1 8 . 0 0 1 9 . 1 5 1 8 . 1 5 1 9 . 6 8 2 1 . 0 2 2 0 . 3 5 2 0 . 3 5 1 9 . 3 5 1 9 . 3 5 1 9 . 4 0 0 . 0 5 Co m m u n i t y D e v e l o p m e n t 15 . 0 0 1 4 . 0 0 1 3 . 8 5 1 3 . 8 5 1 5 . 1 8 1 5 . 1 8 1 7 . 8 5 1 5 . 8 5 1 4 . 8 5 1 3 . 8 5 1 3 . 8 5 0 . 0 0 Fi r e 18 . 2 0 1 8 . 0 0 1 8 . 0 0 1 8 . 0 0 1 8 . 0 0 2 2 . 0 0 2 1 . 2 5 2 4 . 2 5 2 4 . 0 0 2 4 . 0 0 2 4 . 5 0 0 . 5 0 Po l i c e a n d C o m m u n i c a t i o n s 61 . 7 5 5 4 . 2 5 5 6 . 2 5 5 4 . 2 5 5 4 . 5 0 5 4 . 5 0 5 4 . 5 0 5 5 . 5 0 5 3 . 7 5 5 4 . 7 5 5 4 . 2 5 ( 0 . 5 0 ) Li b r a r y 8. 7 5 6 . 3 8 6 . 3 8 6 . 3 8 6 . 6 3 6 . 6 3 6 . 5 5 6 . 5 5 6 . 5 5 6 . 5 5 6 . 5 5 0 . 0 0 Pu b l i c W o r k s , S t r e e t s & R o a d s , L a n d s c a p i n g 2 9 . 7 5 2 9 . 7 5 3 1 . 2 5 3 1 . 7 5 3 1 . 7 5 3 1 . 7 5 3 0 . 8 0 3 0 . 8 0 3 0 . 8 0 3 0 . 8 0 3 0 . 8 0 0 . 0 0 Tr a n s p o r t a t i o n & P a r k i n g 28 . 5 0 2 7 . 5 0 3 0 . 5 0 3 1 . 0 0 3 1 . 0 0 3 1 . 0 0 3 3 . 0 0 3 1 . 0 0 3 1 . 0 0 3 1 . 0 0 3 1 . 0 0 0 . 0 0 Fl e e t M a i n t e n a n c e 13 . 0 0 1 3 . 0 0 1 3 . 0 0 1 3 . 0 0 1 3 . 0 0 1 3 . 0 0 1 3 . 0 0 1 2 . 0 0 1 2 . 0 0 1 2 . 0 0 1 2 . 0 0 0 . 0 0 Fa c i l i t y M a i n t e n a n c e 20 . 5 0 2 0 . 5 0 2 0 . 0 0 2 0 . 0 0 2 0 . 0 0 2 0 . 0 0 2 0 . 0 0 2 0 . 0 0 2 0 . 0 0 1 8 . 0 0 1 6 . 0 0 ( 2 . 0 0 ) Ca p i t a l P r o j e c t s 1. 0 0 1 . 0 0 1 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 To t a l F T E ' s - F u l l - T i m e R e g u l a r 22 1 . 5 5 2 0 8 . 8 8 2 1 6 . 2 8 2 1 3 . 2 8 2 1 6 . 8 0 2 2 1 . 3 1 2 2 3 . 5 3 2 2 2 . 5 3 2 1 7 . 7 3 2 1 4 . 7 3 2 1 2 . 7 8 ( 1 . 9 5 ) Fi x e d T e r m E m p l o y e e s Ad m i n i s t r a t i v e S e r v i c e s 1. 0 0 1 . 0 0 - 1 . 0 0 - - - - - - 0 . 5 0 0 . 5 0 Co m m u n i t y D e v e l o p m e n t 2. 0 0 6 . 0 0 6 . 0 0 5 . 0 0 4 . 0 0 4 . 0 0 0 . 5 0 - - - 0 . 0 0 Fi r e 1. 0 0 2 . 0 0 2 . 0 0 2 . 0 0 2 . 0 0 - - - - 0 . 0 0 Po l i c e a n d C o m m u n i c a t i o n s - - 1 . 4 8 3 . 4 8 3 . 4 8 3 . 4 8 3 . 0 0 - - - - 0 . 0 0 Pu b l i c W o r k s , S t r e e t s & R o a d s , L a n d s c a p i n g 1. 7 5 1 . 6 3 1 . 6 3 1 . 6 3 1 . 5 0 1 . 5 0 - - - 0 . 0 0 Ca p i t a l P r o j e c t s 1. 2 5 1. 6 3 1. 6 3 1. 6 3 1. 5 0 - - 0. 5 0 0.50 0.00 Do c u m e n t I m a g i n g 0. 7 5 0. 7 5 0. 7 5 0. 7 5 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1.00 0.00 To t a l F i x e d - T e r m 1. 0 0 3 . 7 5 1 2 . 2 3 1 6 . 4 9 1 4 . 4 9 1 3 . 7 4 1 3 . 0 0 3 . 0 0 1 . 0 0 1 . 5 0 2 . 0 0 0 . 5 0 Ex t e r n a l l y F u n d e d E m p l o y e e s Po l i c e a n d C o m m u n i c a t i o n s 7. 5 0 8 . 0 0 6 . 5 0 8 . 0 0 9 . 0 0 9 . 0 0 9 . 0 0 1 0 . 0 0 1 0 . 0 0 1 0 . 0 0 1 0 . 0 0 0 . 0 0 To t a l E x t e r n a l l y F u n d e d 7. 5 0 8 . 0 0 6 . 5 0 8 . 0 0 9 . 0 0 9 . 0 0 9 . 0 0 1 0 . 0 0 1 0 . 0 0 1 0 . 0 0 1 0 . 0 0 0 . 0 0 Se a s o n a l P o s i t i o n s - F u n d e d b y T O V To w n O f f i c i a l s 0. 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 Ad m i n i s t r a t i v e S e r v i c e s 0. 4 2 0 . 4 2 0 . 9 8 1 . 0 4 0 . 5 9 1 . 1 9 1 . 9 4 1 . 9 4 1 . 9 4 1 . 9 4 1 . 9 4 0 . 0 0 TE N - Y E A R S U M M A R Y O F B U D G E T E D P O S I T I O N S B Y D E P A R T M E N T 1 2 12/4/2012 TO W N O F V A I L 2 0 1 3 B U D G E T 2013 Positions De p a r t m e n t 20 0 3 2 0 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0 2 0 1 1 2 0 1 2 2 0 1 3 C h a n g e TE N - Y E A R S U M M A R Y O F B U D G E T E D P O S I T I O N S B Y D E P A R T M E N T Co m m u n i t y D e v e l o p m e n t 0. 9 6 0 . 4 8 0 . 0 0 0 . 0 0 0 . 0 0 1 . 2 5 0 . 2 5 0 . 0 0 0 . 0 0 0 . 2 5 0 . 2 5 0 . 0 0 Fi r e 1. 4 0 1 . 4 0 1 . 5 1 1 . 6 8 7 . 2 0 7 . 2 0 1 0 . 2 0 1 0 . 2 0 1 2 . 7 0 1 3 . 7 0 1 3 . 7 0 0 . 0 0 Po l i c e a n d C o m m u n i c a t i o n s 0. 4 8 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 Li b r a r y 1. 0 9 2 . 4 8 2 . 4 8 2 . 4 8 1 . 7 0 1 . 7 0 1 . 7 0 1 . 7 0 1 . 7 0 1 . 7 0 1 . 7 0 0 . 0 0 Pu b l i c W o r k s / S t r e e t s & R o a d s / L a n d s c a p i n g 9 . 5 5 7 . 5 7 8 . 6 9 8 . 9 4 1 1 . 4 2 1 1 . 9 0 1 2 . 8 6 1 0 . 4 6 1 0 . 4 6 1 0 . 9 4 1 2 . 3 8 1 . 4 4 Tr a n s p o r t a t i o n & P a r k i n g 26 . 8 9 2 5 . 8 4 2 3 . 2 4 2 2 . 7 8 2 5 . 3 1 2 6 . 7 0 2 5 . 7 0 2 7 . 4 6 2 7 . 4 6 2 7 . 4 6 2 7 . 4 6 0 . 0 0 Fl e e t M a i n t e n a n c e 0. 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 2 5 0 . 2 5 0 . 2 5 0 . 2 5 0 . 0 0 Fa c i l i t y M a i n t e n a n c e 0. 8 3 1 . 3 3 1 . 3 3 1 . 3 6 1 . 3 8 1 . 3 8 1 . 3 8 1 . 3 8 1 . 3 8 1 . 3 8 1 . 3 8 0 . 0 0 To t a l S e a s o n a l / P a r t - T i m e 41 . 6 2 3 9 . 5 2 3 8 . 2 3 3 8 . 2 8 4 7 . 6 0 5 1 . 3 2 5 4 . 0 3 5 3 . 3 9 5 5 . 8 9 5 7 . 6 2 5 9 . 0 6 1 . 4 4 Al l F T E ' s ( F u l l - T i m e E q u i v a l e n t s ) To w n O f f i c i a l s 7. 1 0 6 . 5 0 6 . 9 0 6 . 9 0 7 . 0 6 6 . 2 3 6 . 2 3 6 . 2 3 5 . 4 3 4 . 4 3 4 . 4 3 0 . 0 0 Ad m i n i s t r a t i v e S e r v i c e s 19 . 4 2 1 9 . 4 2 2 0 . 1 3 2 0 . 1 9 2 0 . 2 7 2 2 . 2 1 2 2 . 2 9 2 2 . 2 9 2 1 . 2 9 2 1 . 2 9 2 1 . 8 4 0 . 5 5 Co m m u n i t y D e v e l o p m e n t 15 . 9 6 1 6 . 4 8 1 9 . 8 5 1 9 . 8 5 2 0 . 1 8 2 0 . 4 3 2 2 . 1 0 1 6 . 3 5 1 4 . 8 5 1 4 . 1 0 1 4 . 1 0 0 . 0 0 Fi r e 19 . 6 0 1 9 . 4 0 2 0 . 5 1 2 1 . 6 8 2 7 . 2 0 3 1 . 2 0 3 3 . 4 5 3 4 . 4 5 3 6 . 7 0 3 7 . 7 0 3 8 . 2 0 0 . 5 0 Ad m i n 3. 0 0 3 . 0 0 2 . 0 0 2 . 0 0 2 . 0 0 2 . 0 0 2 . 0 0 2 . 0 0 2 . 0 0 2 . 0 0 0 . 0 0 Pa t r o l 27 . 0 0 2 8 . 9 8 3 0 . 4 8 3 1 . 0 0 3 1 . 2 5 3 1 . 0 0 2 8 . 0 0 2 7 . 0 0 2 8 . 0 0 2 8 . 0 0 0 . 0 0 In v e s t i g a t i o n 5. 0 0 5 . 0 0 5 . 0 0 5 . 0 0 5 . 0 0 5 . 0 0 5 . 0 0 5 . 0 0 5 . 0 0 5 . 0 0 0 . 0 0 Re c o r d s 5. 2 5 5 . 2 5 5 . 2 5 5 . 5 0 5 . 2 5 5 . 5 0 5 . 5 0 4 . 7 5 4 . 7 5 4 . 2 5 ( 0 . 5 0 ) Di s p a t c h 22 . 0 0 2 2 . 0 0 2 3 . 0 0 2 3 . 4 8 2 3 . 4 8 2 3 . 0 0 2 5 . 0 0 2 5 . 0 0 2 5 . 0 0 2 5 . 0 0 0 . 0 0 Po l i c e a n d D i s p a t c h T o t a l 62 . 2 3 6 2 . 2 5 6 4 . 2 3 6 5 . 7 3 6 6 . 9 8 6 6 . 9 8 6 6 . 5 0 6 5 . 5 0 6 3 . 7 5 6 4 . 7 5 6 4 . 2 5 ( 0 . 5 0 ) Li b r a r y 9. 8 4 8 . 8 6 8 . 8 6 8 . 8 6 8 . 3 3 8 . 3 3 8 . 2 5 8 . 2 5 8 . 2 5 8 . 2 5 8 . 2 5 0 . 0 0 Pu b l i c W o r k s , S t r e e t s & R o a d s 39 . 3 0 3 7 . 3 2 4 1 . 6 9 4 2 . 3 2 4 4 . 8 0 4 5 . 2 8 4 5 . 1 6 4 2 . 7 6 4 1 . 2 6 4 1 . 7 4 4 3 . 1 8 1 . 4 4 Tr a n s p o r t a t i o n & P a r k i n g 55 . 3 9 5 3 . 3 4 5 3 . 7 4 5 3 . 7 8 5 6 . 3 1 5 7 . 7 0 5 8 . 7 0 5 8 . 4 6 5 8 . 4 6 5 8 . 4 6 5 8 . 4 6 0 . 0 0 Fl e e t M a i n t e n a n c e 13 . 0 0 1 3 . 0 0 1 3 . 0 0 1 3 . 0 0 1 3 . 0 0 1 3 . 0 0 1 3 . 0 0 1 2 . 2 5 1 2 . 2 5 1 2 . 2 5 1 2 . 2 5 0 . 0 0 Fa c i l i t y M a i n t e n a n c e 21 . 3 3 2 1 . 8 3 2 1 . 3 3 2 1 . 3 6 2 1 . 3 8 2 1 . 3 8 2 1 . 3 8 2 1 . 3 8 2 1 . 3 8 1 9 . 3 8 1 7 . 3 8 ( 2 . 0 0 ) Ca p i t a l P r o j e c t s / F i x e d T e r m 1. 0 0 1 . 7 5 3 . 0 0 2 . 3 8 2 . 3 8 2 . 6 3 2 . 5 0 1 . 0 0 1 . 0 0 1 . 5 0 1 . 5 0 0 . 0 0 To t a l F T E ' s 26 4 . 1 7 2 6 0 . 1 5 2 7 3 . 2 4 2 7 6 . 0 5 2 8 7 . 8 8 2 9 5 . 3 7 2 9 9 . 5 6 2 8 8 . 9 2 2 8 4 . 6 2 2 8 3 . 8 5 2 8 3 . 8 4 ( 0 . 0 1 ) 1 3 12/4/2012 2010 2011 2012 2013 Actual % Salary Actual % Salary Budget % Salary Budget % Salary Full-Time Regular Employees Fee Based Health Insurance 2,525,00019.1%2,575,00019.90%2,700,000 19.78%2,875,00020.48% Group Term Life and Accidental Death Insurance213,5251.6%181,1451.40%74,000 0.54%74,0000.53% Long-term Disability Insurance 53,000 0.39%53,0000.38% Survivor's Life Insurance 74,000 0.54%74,0000.53% Short-term Disability Insurance 25,4000.2%14,5160.10%25,000 0.18%20,0000.14% Ski Pass / Fitness 144,7941.1%79,0000.60%95,000 0.70%85,0000.61% Sworn Officer Death and Disability Insurance 68,3360.5%67,6410.50%72,000 0.53%72,0000.51% Subtotal Fee Based 2,977,05522.5%2,917,302 22.50%3,093,000 22.66%3,253,000 23.17% Payroll Based Pension Contribution 2,059,47515.6%1,976,79415.30%2,084,625 15.27%2,037,65914.51% Medicare 168,2691.3%166,7231.30%182,938 1.34%188,5981.34% Workers' Compensation Insurance 158,4711.2%169,9501.30%191,400 1.40%192,2001.37% Unemployment Compensation Insurance 27,8670.2%46,5850.40%41,000 0.30%42,1000.30% Subtotal Payroll Based 2,414,08218.3%2,360,05218.30%2,499,964 18.31%2,460,55617.52% Total Full-Time Benefits 5,391,13740.8%5,277,35440.80%5,592,964 40.97%5,713,55640.69% Part-Time and Seasonal Employees Fee Based Ski Pass / Fitness 117,7466.1%60,8353.50%75,000 3.68%75,0003.70% Ski Pass / Fitness - Boards 9,1000.5%9,100 9,100 0.45%9,1000.45% Mini-Med Program 3,3750.2%2,9240.10%6,000 0.29%6,0000.30% Payroll Based Pension Contribution 28,9891.5%36,9581.80%30,586 1.50%30,4191.50% Medicare 27,7881.4%29,3731.40%29,566 1.45%29,4051.45% Workers' Compensation Insurance 22,9731.2%26,6641.30%27,716 1.36%27,5651.36% Unemployment Compensation Insurance 4,0400.2%7,3090.40%6,117 0.30%6,0840.30% Subtotal Payroll Based 83,7904.3%100,3044.90%93,985 4.61%93,4734.61% Total Part-Time and Seasonal Benefits 214,01111.1%173,1638.50%184,085 9.03%183,5739.05% Total Benefits - All Employees 5,605,14837.0%5,450,51736.49%5,777,049 36.82%5,897,13036.70% Town of Vail Employee Benefits 14 12/4/2012 20 1 1 20 1 2 20 1 2 20 1 3 Ac t u a l Bu d g e t A m e n d e d P r o p o s e d Co m m e n t s Re v e n u e Lo c a l T a x e s : 19 , 5 8 1 , 4 1 5 $ 17 , 8 0 0 , 0 0 0 $ 18 , 9 0 0 , 0 0 0 $ 20 , 1 0 0 , 0 0 0 $ S a l e s T a x S p l i t b / t G e n ' l F u n d & C a p i t a l F u n d 54 / 4 6 61 / 3 9 61 / 3 9 61 / 3 9 S a l e s T a x 10 , 8 5 9 , 0 0 0 $ 10 , 8 5 9 , 0 0 0 $ 11 , 5 3 0 , 0 0 0 $ 12 , 2 6 1 , 0 0 0 $ 2 0 1 3 1 . 5 % i n c r e a s e f r o m 2 0 1 2 f o r e c a s t o f $ 1 9 . 8 M P r o p e r t y a n d O w n e r s h i p 5, 0 3 1 , 7 7 0 4, 2 3 2 , 0 0 0 4, 2 3 2 , 0 0 0 4, 2 1 7 , 0 0 0 2 0 1 3 f l a t w i t h 2 0 1 2 ; R e - a s s e s s m e n t w i l l i m p a c t c o l l e c t i o n s i n 2 0 1 4 S k i L i f t T a x 3, 5 2 9 , 1 2 5 3, 4 9 2 , 0 0 0 3, 4 9 2 , 0 0 0 3, 4 9 2 , 0 0 0 2 0 1 3 f l a t w i t h 2 0 1 2 b u d g e t F r a n c h i s e F e e s , P e n a l t i e s , a n d O t h e r T a x e s 1 , 0 7 3 , 1 3 8 1, 1 1 2 , 7 5 3 1, 0 3 7 , 7 5 3 1, 0 7 4 , 4 4 2 B a s e d o n h i s t o r i c a l t r e n d s Li c e n s e s & P e r m i t s 1, 1 3 6 , 9 6 6 95 5 , 0 0 0 1, 1 5 5 , 0 0 0 1, 2 8 0 , 5 8 0 N o m a j o r r e d e v e l o p m e n t p r o j e c t e d ; D o e s n o t i n c l u d e M O B / M u n i p r o j e c t In t e r g o v e r n m e n t a l R e v e n u e 2, 0 6 6 , 1 9 1 1, 9 1 1 , 2 5 0 1, 9 1 1 , 2 5 0 1, 8 6 1 , 9 1 4 I n c l . C O P S g r a n t t h r u ' 1 2 a n d S A F E R g r a n t t h r u ' 1 3 ; r e m a i n d e r b a s e d o n 5 - y r a v g Tr a n s p o r t a t i o n C e n t e r s 4, 0 2 3 , 9 4 0 4, 4 2 5 , 0 0 0 3, 8 3 9 , 0 0 0 3, 8 5 1 , 0 0 0 2 0 1 3 f l a t w i t h 2 0 1 2 a m e n d e d Ch a r g e s f o r S e r v i c e s 96 2 , 3 4 2 77 4 , 8 5 0 79 9 , 5 9 6 75 9 , 3 4 7 M a i n l y b a s e d o n R E T T m g m t f e e ; V L M D f e e a n d V R A f e e Fi n e s & F o r f e i t u r e s 26 5 , 5 7 5 32 5 , 0 0 0 32 5 , 0 0 0 27 0 , 8 8 7 2 0 1 3 u p d a t e d b a s e d o n 5 - y e a r a v e r a g e Ea r n i n g s o n I n v e s t m e n t s 18 8 , 8 4 8 11 6 , 9 0 0 11 6 , 9 0 0 17 5 , 0 0 0 Re n t a l R e v e n u e 89 5 , 8 7 2 86 9 , 8 1 6 92 9 , 8 1 6 90 5 , 6 0 5 Mi s c e l l a n e o u s a n d P r o j e c t R e i m b u r s e m e n t s 47 7 , 8 4 5 20 7 , 0 0 0 30 2 , 0 0 0 17 5 , 0 0 0 B a s e d o n 5 - y e a r a v e r a g e To t a l R e v e n u e 30 , 5 1 0 , 6 1 3 29 , 2 8 0 , 5 6 9 29 , 6 7 0 , 3 1 5 30 , 3 2 3 , 7 7 5 Ex p e n d i t u r e s Sa l a r i e s 1 3 , 1 2 2 , 2 9 1 13 , 6 7 9 , 2 2 2 13 , 7 2 6 , 3 7 1 13 , 9 6 3 , 3 3 9 4 % p e r f o r m a n c e - b a s e d m e r i t Be n e f i t s 4 , 4 8 3 , 0 0 6 4, 5 9 7 , 1 3 1 4, 6 0 0 , 3 9 6 4, 7 5 1 , 7 4 1 4 0 . 6 % f u l l t i m e b e n e f i t s i n 2 0 1 3 ( v s 4 0 . 8 % a c t u a l r a t e f o r 2 0 1 1 ) Su b t o t a l C o m p e n s a t i o n a n d B e n e f i t s 17 , 6 0 5 , 2 9 7 18 , 2 7 6 , 3 5 3 18 , 3 2 6 , 7 6 7 18 , 7 1 5 , 0 8 0 Co n t r i b u t i o n s a n d S p e c i a l E v e n t s 1, 2 7 8 , 4 5 3 1, 3 8 3 , 3 1 8 1, 5 3 3 , 2 1 8 1, 3 7 3 , 6 4 8 2 0 1 3 r e m o v e d t h e 1 - t i m e 2 0 1 2 c o n t r i b u t i o n s ( V a i l 5 0 t h f o r S k i M u s e u m , V a i l D V D , Gr a n F o n d o ) Al l O t h e r O p e r a t i n g E x p e n s e s 5, 5 2 4 , 9 8 9 6, 2 2 2 , 7 7 6 6, 5 3 6 , 0 7 6 6, 8 1 8 , 2 9 1 D e p t s h e l d f l a t w i t h e x c e p t i o n s : A d d ' l I T s e r v i c e s ; n e w f a c i l i t i e s m t c e & m g m t He a v y E q u i p m e n t O p e r a t i n g C h a r g e s 2, 1 9 6 , 2 3 7 2, 2 5 3 , 3 0 4 2, 2 7 8 , 3 0 4 2, 2 8 2 , 7 9 6 2 0 1 3 s l i g h t i n c r e a s e b a s e d o n h i g h e r f u e l p r i c e s ; 2 % p e r y e a r t h e r e a f t e r He a v y E q u i p m e n t R e p l a c e m e n t C h a r g e s 53 7 , 4 1 7 54 7 , 0 0 8 54 7 , 0 0 8 56 0 , 2 8 4 B a s e d o n r e p l a c e m e n t s c h e d u l e Di s p a t c h S e r v i c e s 53 7 , 8 2 7 57 5 , 7 0 6 57 5 , 7 0 6 56 9 , 1 9 3 2 0 1 3 i n c r e a s e b a s e d o n u s a g e To t a l E x p e n d i t u r e s 27 , 6 8 0 , 2 2 0 29 , 2 5 8 , 4 6 5 29 , 7 9 7 , 0 7 9 30 , 3 1 9 , 2 9 2 Re v e n u e O v e r ( U n d e r ) E x p e n d i t u r e s 2, 8 3 0 , 3 9 3 22 , 1 0 4 (1 2 6 , 7 6 4 ) 4, 4 8 3 Tr a n s f e r t o C a p i t a l P r o j e c t s F u n d (1 , 8 4 5 , 8 0 0 ) - (5 0 , 0 0 0 ) - Ti m b e r R i d g e I n v e s t m e n t - - - ( 8 , 0 0 0 , 0 0 0 ) In v e s t m e n t i n T i m b e r R i d g e d e e d r e s t r i c t i o n s 20 1 5 W o r l d A l p i n e S k i C h a m p i o n s h i p s (2 5 0 , 0 0 0 ) (2 5 0 , 0 0 0 ) (2 5 0 , 0 0 0 ) (2 5 0 , 0 0 0 ) Pr o - c y c l i n g e v e n t (7 5 , 0 0 0 ) (7 5 , 0 0 0 ) - - 20 1 5 N a t i o n ' s E v e n t - (3 7 5 , 0 0 0 ) (3 7 5 , 0 0 0 ) (3 7 5 , 0 0 0 ) Va i l ' s 5 0 t h A n n i v e r s a r y - (2 5 0 , 0 0 0 ) (3 5 0 , 0 0 0 ) - Bu r t o n U S O p e n - - - (2 5 0 , 0 0 0 ) Su r p l u s N e t o f T r a n s f e r s & N e w P r o g r a m s 65 9 , 5 9 3 (9 2 7 , 8 9 6 ) (1 , 1 5 1 , 7 6 4 ) (8 , 8 7 0 , 5 1 7 ) Be g i n n i n g F u n d B a l a n c e 22 , 8 8 6 , 6 9 2 21 , 6 4 5 , 2 2 4 23 , 5 4 6 , 2 8 5 22 , 3 9 4 , 5 2 1 En d i n g F u n d B a l a n c e 23 , 5 4 6 , 2 8 5 $ 20 , 7 1 7 , 3 2 8 $ 22 , 3 9 4 , 5 2 1 $ 13 , 5 2 4 , 0 0 4 $ EH O P b a l a n c e i n c l u d e d i n e n d i n g f u n d b a l a n c e - no t s p e n d a b l e 69 0 , 0 0 0 $ 69 0 , 0 0 0 $ 69 0 , 0 0 0 $ 69 0 , 0 0 0 $ TO W N O F V A I L 2 0 1 3 P R O P O S E D B U D G E T SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S A N D C H A N G E S I N F U N D B A L A N C E GE N E R A L F U N D 15 12/4/2012 2011 2012 2012 2013 ActualBudgetAmendedProposed Revenue Local Taxes:19,581,415$ 17,800,000$ 18,900,000$ 20,100,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 54/46 61/3961/3961/39 Sales Tax 10,859,000$ 10,859,000$ 11,530,000$ 12,261,000$ Property and Ownership 5,031,770 4,232,000 4,232,000 4,217,000 Ski Lift Tax 3,529,125 3,492,000 3,492,000 3,492,000 Franchise Fees, Penalties, and Other Taxes1,073,138 1,112,753 1,037,753 1,074,442 Licenses & Permits 1,136,966 955,000 1,155,000 1,280,580 Intergovernmental Revenue 2,066,191 1,911,250 1,911,250 1,861,914 Transportation Centers 4,023,940 4,425,000 3,839,000 3,851,000 Charges for Services 962,342 774,850 799,596 759,347 Fines & Forfeitures 265,575 325,000 325,000 270,887 Earnings on Investments 188,848 116,900 116,900 175,000 Rental Revenue 895,872 869,816 929,816 905,605 Miscellaneous and Project Reimbursements 477,845 207,000 302,000 175,000 Total Revenue 30,510,613 29,280,569 29,670,315 30,323,775 Expenditures by Type: Municipal Services: Town Officials 1,279,098 1,453,334 1,372,134 1,398,654 Administrative Services & Risk Management3,227,937 3,467,195 3,683,195 3,884,510 Community Development & Housing 1,494,044 1,581,504 1,603,104 1,562,046 Police 4,279,261 4,591,423 4,591,423 4,699,069 Police Communications 537,827 575,706 575,706 569,193 Fire 3,081,027 3,078,507 3,102,421 3,269,000 Public Works & Streets 3,465,263 3,674,733 3,674,733 3,778,178 Transportation & Parking 4,737,871 4,889,032 4,974,032 5,011,161 Facilities 3,324,447 3,551,345 3,673,545 3,754,374 Library 782,557 816,751 816,751 813,959 Economic Development 1,470,887 1,578,935 1,730,035 1,579,148 Total Expenditures 27,680,220 29,258,465 29,797,079 30,319,292 Revenue Over (Under) Expenditures 2,830,393 22,104 (126,764) 4,483 Transfer to Capital Projects Fund (1,845,800) - (50,000) - Timber Ridge Buy-Down - - - (8,000,000) 2015 World Alpine Ski Championships (250,000) (250,000) (250,000) (250,000) Pro-cycling event (75,000) (75,000) - - 2015 Nation's Event - (375,000) (375,000) (375,000) Vail's 50th Anniversary - (250,000) (350,000) - Burton US Open - - - (250,000) Total Expenditures 29,851,020 30,208,465 30,822,079 39,194,292 Surplus Net of Transfers & New Programs 659,593 (927,896) (1,151,764) (8,870,517) Beginning Fund Balance 22,886,692 21,645,224 23,546,285 22,394,521 Ending Fund Balance 23,546,285$ 20,717,328$ 22,394,521$ 13,524,004$ EHOP balance included in ending fund balance - not spendable 690,000$ 690,000$ 690,000$ TOWN OF VAIL 2013 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 16 12/4/2012 2012 2012 2013 2011 OriginalAmendedProposed ActualBudgetBudgetBudget Expenditures by Type: Operating Expenses paid for by General Fund: Town Officials 1,279,0981,453,3341,372,134 1,398,654 Administrative Services & Risk Management 3,227,9373,467,1953,683,195 3,884,510 Community Development & Housing 1,494,0441,581,5041,603,104 1,562,046 Police 4,279,2614,591,4234,591,423 4,699,069 Police Communications 537,827575,706575,706 569,193 Fire 3,081,0273,078,5073,102,421 3,269,000 Public Works & Streets 3,465,2633,674,7333,674,733 3,778,178 Transportation & Parking 4,737,8714,889,0324,974,032 5,011,161 Facilities 3,324,4473,551,3453,673,545 3,754,374 Library 782,557816,751816,751 813,959 Economic Development 228,220240,402310,502259,030 Information Center 203,785218,133218,133 258,718 Council Contributions 483,216538,600583,600 499,600 Commission on Special Events 555,665581,800617,800 561,800 Large event commitments: 2015s, Pro Cycling, Vail's 50th 325,000950,000975,000875,000 Total paid by General Fund:28,005,220 30,208,465 30,772,079 31,194,292 Operating Expenses paid for by Marketing Fund: Commission on Special Events 280,000 300,000 300,000 300,000 Operating Expenses paid for by RETT: Annual Park and Landscape Maintenance 1,229,538 1,350,140 1,350,140 1,373,854 Tree Maintenance 50,111 65,000 90,000 65,000 Street Furniture 1,106 25,000 25,000 75,000 Public Art - operating expenses 81,022 92,657 92,657 94,005 Alpine Garden Support 65,620 85,620 85,620 65,620 Eagle River Watershed Support 75,600 50,000 62,000 62,000 Mgmt Fee (Revenue to General Fund)220,185 191,750 191,750 193,550 Forest Health 92,067 195,000 195,000 195,000 Environmental Sustainability 226,896 250,000 250,000 250,000 Total paid by RETT:2,042,145 2,305,167 2,342,167 2,374,029 Total Operating Expenditures 30,327,365 32,813,632 33,414,246 33,868,321 Summary of Operating Expenditures 17 12/4/2012 20 1 3 C o n t r i b u t i o n R e q u e s t S p r e a d s h e e t St a f f Staff TO W N O F V A I L F U N D I N G R E Q U E S T Re c o m m e n d e d Recommended Ca s h In-kind GE N E R A L F U N D C o n t r i b u t i o n s : EC O N O M I C : Ge n e r a l C o n t r i b u t i o n : T o b e a l l o c a t e d 25 , 0 0 0 A B r a v o ! C o l o r a d o / N e w Y o r k P h i l h a r m o n i c 80 , 0 0 0 1 5 F o r d P a r k p l u s a b i l i t y t o p a y f o r 5 0 85 , 0 0 0 85 , 0 0 0 D i s c o u n t e d p k g : $ 7 . 0 0 / p e r f o r m a n c e p l u s 1 5 s p a c e s a t F o r d P a r k 2,100 2,100 A B r a v o ! C o l o r a d o / P h i l a d e l p h i a O r c h e s t r a 80 , 0 0 0 85 , 0 0 0 85 , 0 0 0 A B r a v o ! C o l o r a d o / M u s i c M a t t e r s E d u c a t i o n & O u t r e a c h 7, 5 0 0 7, 5 0 0 7, 5 0 0 A B r a v o ! C o l o r a d o / 2 5 t h A n n i v e r s a r y 25 , 0 0 0 A B r a v o ! / M u s i c a l E n c o u n t e r s e r i e s @ D o n o v a n - 10 , 0 0 0 - D o n o v a n P a v i l i o n f o r 3 d a y s & n i g h t s 1 0 a m d a y 1 - 1 0 a m d a y 3 10,500 10,500 A B r a v o ! / M u s i c o n t h e M o v e E x p a n s i o n - 15 , 0 0 0 - A B r a v o ! / 2 0 1 3 S p e c i a l O r c h e s t r a P e r f o r m a n c e ( T B A ) - 25 , 0 0 0 - B N a t i o n a l R e p e r t o r y O r c h e s t r a - 1, 0 0 0 1, 0 0 0 C V a i l F a r m e r s ' M a r k e t - 4, 5 0 0 PW s u p p o r t 8,000 4,500 D V a i l J a z z F e s t i v a l ( J u n e 2 4 - S e p t 3 ' 1 2 ) 50 , 6 0 0 85 , 0 0 0 50 , 6 0 0 E C o l o r a d o S k i M u s e u m 62 , 0 0 0 * $ 2 0 K o n e - t i m e f o r 5 0 t h A n n i v e r s a r y 9, 0 0 0 90 , 0 0 0 42 , 0 0 0 re n t & 2 p e r s o n o f f i c e s p a c e @ T R C 9,000 9,000 F V a i l V a l l e y F o u n d a t i o n B i r d s o f P r e y ( D e c . 1 - 4 , 0 5 ) 10 , 0 0 0 - - T O V b u s e s & d r i v e r s * * b u t o n l y t o B C p a r k i n g a r e a s , n o t u p h i l l t o B C 26,000 20,000 A m e r i c a n S k i C l a s s i c - 3, 0 0 0 20 , 0 0 0 - P a r k i n g v o u c h e r s 3,000 3,000 S t r e e t B e a t / W i n t e r C o n c e r t S e r i e s 25 , 0 0 0 7, 5 0 0 V a i l I n t e r n a t i o n a l D a n c e F e s t i v a l 45 , 0 0 0 * $ 2 5 K o n e - t i m e f o r a n n i v e r s a r y 60 , 0 0 0 60 , 0 0 0 G e r a l d R . F o r d A m p h i t h e a t e r ( H o t S u m m e r N i g h t s ) 2 7 , 5 0 0 2, 8 0 0 27 , 5 0 0 27 , 5 0 0 $ 2 , 8 0 0 p o l i c e @ H o t S u m m e r N i g h t s 2,800 2,800 U C I 2 . 1 P r o C y c l i n g E v e n t - W a s $ 1 7 5 K ; C A N C E L L E D ; $ 4 0 K t o G r a n Fo n d o a n d $ 5 0 K t o e v e n t s s u r v e y 57 , 0 0 0 17 5 , 0 0 0 TB D P o l i c e , P W , F i r e , F u l l T i m e s t a f f l a b o r 57,000 40,000 2 0 1 5 W o r l d A l p i n e S k i C h a m p i o n s h i p s 25 0 , 0 0 0 25 0 , 0 0 0 25 0 , 0 0 0 Wi n t e r T e v a M t n G a m e s ( F e b 8 - 1 0 ' 1 3 - - PW , P o l i c e ; u s e o f G r a n d V i e w R o o m a n d p a r k i n g v o u c h e r s 12,000 10,000 Su m m e r T e v a M t n G a m e s - 9, 6 0 0 - Po l i c e , P W s u p p o r t , s h u t t l e b u s 25,000 12,000 2 0 1 5 N a t i o n s E v e n t ( G o l d e n P e a k ) 37 5 , 0 0 0 37 5 , 0 0 0 37 5 , 0 0 0 G V a i l S y m p o s i u m ( 2 0 1 2 p a r t o f C S E b u d g e t ) 25 , 0 0 0 t h r o u g h C S E 75 , 0 0 0 - t h r o u g h C S E Gr a n F o n d o ( 2 0 1 2 p a r t o f C S E b u d g e t ) 40 , 0 0 0 Va i l ' s 5 0 t h A n n i v e r s a r y 35 0 , 0 0 0 - H B u r t o n U S O p e n - 50 0 , 0 0 0 25 0 , 0 0 0 I T a s t e o f V a i l / L a m b C o o k - o f f - 2, 5 0 0 - - P W s u p p o r t : t r a s h p i c k u p , c o n t a i n e r s / s i g n , r e c y c l i n g 3,000 2,500 J E a g l e V a l l e y L a n d T r u s t - 5, 0 0 0 - P a r k i n g p a s s f o r s i l e n t a u c t i o n e v e n t : E v e r g r e e n B a l l 1,100 T O T A L E C O N O M I C 1, 4 6 7 , 6 0 0 - 1 0 5 , 9 0 0 1, 8 9 1 , 0 0 0 1, 2 3 3 , 6 0 0 159,500 116,400 ED U C A T I O N A L K E a g l e V a l l e y C h i l d c a r e - a n n u a l c o n t r i b u t i o n 45 , 0 0 0 48 , 0 0 0 45 , 0 0 0 Va i l 5 0 t h D V D / S u m m i t F i l m s 30 , 0 0 0 L S t a r t i n g H e a r t s 19 , 1 7 1 - M T e a m T r a n s p o r t a t i o n - E a g l e C o u n t y S c h o o l D i s t 2, 0 0 0 - N E d u c a t i o n F o u n d a t i o n o f E a g l e C o u n t y 5, 0 0 0 - U s e o f D o n o v a n P a v i l i o n i n M a y 2 0 1 3 3,500 3,500 O R e d S a n d s t o n e E l e m e n t a r y P T O 37 , 0 0 0 - P C h i l d r e n ' s G a r d e n o f L e a r n i n g - Fo r g i v e n e s s o n l a s t l o a n i n s t a l l m e n t ( 1 0 - y e a r i n t e r e s t f r e e l o a n ) 5,000 T O T A L E D U C A T I O N A L 75 , 0 0 0 - - 1 1 1 , 1 7 1 45 , 0 0 0 8,500 3,500 RE C R E A T I O N Q S k i & S n o w b o a r d C l u b V a i l ( O c t 2 4 - 2 7 , 2 0 1 3 ) 4 d a y s o f i c e 5, 2 8 5 4 d a y s u s a g e o f D o b s o n O c t o b e r 2 4 - 2 7 2 0 1 3 5,285 VV M C S p r i n g F a s h i o n S h o w & L u n c h e o n 30 0 v o u c h e r s i f c h a n g e d a t e 7, 5 0 0 R V a i l J u n i o r H o c k e y - N o v 2 0 1 3 T o u r n a m e n t 9 d a y s o f i c e + D o n o v a n 1 d a y 15 , 3 9 1 3 w e e k e n d s o f f r e e i c e , u s e o f D o n o v a n 1 n i g h t & p a r k i n g N o v 1 8 - 2 0 15,391 S S k a t i n g C l u b o f V a i l ( J u l y 1 1 - 1 5 ' 1 2 & l a t e D e c . ' 1 2 ) 5 d a y s o f i c e 11 , 8 9 1 fr e e i c e - 5 d a y s i n J u l y a n d 4 d a y s i n l a t e D e c e m b e r 11,891 T S p e c i a l O l y m p i c s ( S u n d a y s J a n , F e b , M a r , A p r ' 1 3 ) 42 p a r k i n g v o u c h e r s 1, 0 5 0 42 p a r k i n g c o u p o n s f o r S u n d a y s f r o m 1 / 6 t h r u 4 / 7 1,050 U Va i l V a l l e y A t h l e t e C o m m i s s i o n (S e e i t e m F ) 6, 0 0 0 6, 0 0 0 6, 0 0 0 V F o r e s i g h t S k i G u i d e s 2 b l u e p a s s e s 2, 2 0 0 4 p a r k i n g p a s s e s v i l l a g e p l u s a b i l i t y t o r e q u e s t u p t o 1 0 d a i l y c o u p o n s 4,650 2,200 W S O S O u t r e a c h - 3 5 s i n g l e d a y p a r k i n g v o u c h e r s 875 X E a g l e V a l l e y S e n i o r L i f e 2, 5 0 0 - Y V a i l V e t e r a n s P r o g r a m 5, 0 0 0 5, 0 0 0 1 0 t h a n n i v e r s a r y e v e n t Z S m a l l C h a m p i o n s o f C o l o r a d o 36 p r k i n g v c h e r s a n d p r k i n g p a s s f o r a u c t i o n 6,500 AA C o l o r a d o F o u r t e e n e r s I n i t i a t i v e 5, 0 0 0 5, 0 0 0 T O T A L R E C R E A T I O N 6, 0 0 0 - 4 3 , 3 1 7 18 , 5 0 0 16 , 0 0 0 39,142 S U B T O T A L - C O N T R I B U T I O N S 1, 5 4 8 , 6 0 0 - 1 4 9 , 2 1 7 2, 0 2 0 , 6 7 1 1, 2 9 4 , 6 0 0 207,142 AR R A N G E M E N T S a n d A G R E E M E N T S : AB V a i l V a l l e y C o m m . T V / C h 5 F r a n c h i s e F e e 70 , 0 0 0 70 , 0 0 0 80 , 0 0 0 S U B T O T A L - A R R A N G E M E N T S a n d A G R E E M E N T S 7 0 , 0 0 0 - - 70 , 0 0 0 80 , 0 0 0 - G R A N D T O T A L G e n e r a l F u n d 1, 6 1 8 , 6 0 0 - 1 4 9 , 2 1 7 2, 0 9 0 , 6 7 1 1, 3 7 4 , 6 0 0 207,142 20 1 2 20 1 3 R e q u e s t s 20 1 2 C a s h Fu n d e d 20 1 2 I n - K i n d F u n d e d 2 0 1 2 I n - Ki n d V a l u e 20 1 3 C a s h Re q u e s t 20 1 3 I n - K i n d R e q u e s t 2013 In-Kind Value 18 12/4/2012 20 1 3 C o n t r i b u t i o n R e q u e s t S p r e a d s h e e t St a f f Staff TO W N O F V A I L F U N D I N G R E Q U E S T Re c o m m e n d e d Recommended Ca s h In-kind 20 1 2 20 1 3 R e q u e s t s 20 1 2 C a s h Fu n d e d 20 1 2 I n - K i n d F u n d e d 2 0 1 2 I n - Ki n d V a l u e 20 1 3 C a s h Re q u e s t 20 1 3 I n - K i n d R e q u e s t 2013 In-Kind Value Re a l E s t a t e T r a n s f e r T a x F u n d : AC B e t t y F o r d A l p i n e G a r d e n F o u n d a t i o n O p e r a t i o n s 65 , 6 2 0 2 d e s i g n a t e d F o r d P a r k s u m m e r s p a c e s 30 0 1 0 0 , 0 0 0 65 , 6 2 0 2 p a r k i n g d e s i g n a t e d p a r k i n g s p a c e s @ F o r d P a r k 300 300 W a t e r f e a t u r e i m p r o v e m e n t s 20 , 0 0 0 - AD E a g l e R i v e r W a t e r s h e d Se d i m e n t - B i o - M o n i t o r i n g - h 2 o q u a l i t y , R i p a r i a n R e s t r t i o n 6 2 , 0 0 0 97 , 4 8 1 62 , 0 0 0 AE E a g l e V a l l e y A l l i a n c e f o r S u s t a i n a b i l i t y - 6, 0 0 0 - T O T A L R E T T 14 7 , 6 2 0 0 3 0 0 20 3 , 4 8 1 1 2 7 , 6 2 0 300 Gr a n d T o t a l 1, 7 6 6 , 2 2 0 - 14 9 , 5 1 7 2, 2 9 4 , 1 5 2 1, 5 0 2 , 2 2 0 582,284 19 12/4/2012 20 2013 Contributions Please see the attached spreadsheet to coincide with the following background and recommendations. ECONOMIC A. Bravo! Colorado BACKGROUND INFORMATION: Bravo! Vail Valley Music Festival is requesting a total of $227,500: $85,000 each for the Philadelphia Orchestra and the New York Philharmonic – Vail Residency programs. Bravo! is also requesting $7,500 for the Music Matters Education and Outreach Program, $10,000 for the Musical Encounter series at Donovan Pavilion (including an in- kind request for three full days usage at a value of $10,500), $15,000 cash request for Music on the Move Expansion and $25,000 for a Special Orchestra Performance (TBA). An in-kind contribution is also requested for discounted parking passes of $7.00/performance in Ford Park ($10 normal rate), plus the 15 parking spaces at Ford Park for up to 20 concerts at an estimated value of $2,100. STAFF RECOMMENDATION: Staff recommends funding at a total of $177,500, allocated to the following: $85,000 for both residency programs and the Music Matters program for $7,500. This is a $10,000 increase in funding from 2012 (without the 25th Anniversary funding). Staff also recommends usage of the Donovan Pavilion (valued at $10,500), contingent upon approval and coordination with the Donovan Management Company regarding availability. However, Bravo! will be responsible for hard costs for use of the Pavilion such as set-up, tear-down, and cleaning. Staff recommends the in-kind contribution of 15 parking spaces and reduced parking fees at Ford Park (valued at $2,100). B. Bravo! Family Concert (National Repertory Orchestra) BACKGROUND INFORMATION: The Orchestra is requesting $1,000 to offset travel expenses, marketing and music purchases associated with their annual concert in Vail. Each season, they perform a free family concert at the Ford Amphitheatre in conjunction with Bravo! STAFF RECOMMENDATION: Staff recommends funding at $1,000 (same as the 2011 contribution) based on the cultural benefit to the town and to draw families. C. Vail Farmer’s Market BACKGROUND INFORMATION: Vail Farmer’s Market is requesting an in-kind contribution of $8,000 to cover the cost of services provided by the Town of Vail during the events (temp bus stop signs, parking signs, no-bike signs, cattle guards, cones and trash/recycling pickup). STAFF RECOMMENDATION: Prior years’ in-kind has been granted at $4,500, and staff recommends that same level for 2013. Vail Farmer’s Market receives $34,000 cash funding from the Commission on Special Events. D. Vail Jazz Foundation BACKGROUND INFORMATION: The Vail Jazz Foundation is requesting a cash contribution of $85,000 to fund 40 performances (up from 26 in 2011) presented in Vail over the course of the 12/4/2012 21 summer, including the Jazz at Vail Square concert series (9 concerts), Jazz at the Market (10 concerts), Jazz at Kelly Liken on Sundays (10 concerts), Jazz After (3 concerts) following Bravo!, Jazz/Pop’s concert at the Ford Amphitheater and Labor Day Weekend Jazz Party at Vail Square and the Marriott (seven performances). STAFF RECOMMENDATION: Staff recommends the same funding as 2012 at $50,600 (which was an increase of 65% from 2010), limited to Jazz at Vail Square, Jazz at the Market and Jazz After programs. While this music festival continues to grow and has become an iconic event, the town’s budget cannot support an increase in funding. E. Colorado Ski Museum BACKGROUND INFORMATION: The museum is requesting a cash contribution of $90,000 for general operating costs and in-kind of $9,000 (rent subsidy) along with office space for a two-person staff in offices located at the Vail Transit Center (currently occupied by the Vail Chamber and Business Association). STAFF RECOMMENDATION: Staff recommends funding the in-kind request for subsidized rent ($9,000) and a cash contribution of $42,000 (for a total contribution of $51,000). In 2012 an additional $20,000 was awarded for Vail’s 50th anniversary celebration and was not intended for continued funding. F. Vail Valley Foundation (VVF) BACKGROUND INFORMATION: The Foundation is requesting $107,500 of cash funding and $118,800 of in-kind for entertainment programs and events: Birds of Prey; American Ski Classic; Vail International Dance Festival; Hot Summer Nights and the winter and summer Teva Mountain Games. In addition, the VVF is requesting $175,000 cash and $50,000 of in-kind funding for the US Pro-cycling Challenge. There are two requests relating to the 2015 World Alpine Ski Championships: $250,000 annual commitment (3rd of 5 year commitment) for the overall championships and $375,000 annual commitment (2nd of 4 year commitment) for the Nations Team Event to be held at Golden Peak. STAFF RECOMMENDATION: Staff recommends cash funding at a total of $87,500: Vail International Dance Festival contribution at $60,000 (for the anniversary year only) by using prior year’s Street Beat funds and $27,500 toward Hot Summer Nights. Staff does not recommend cash funding for the American Ski Classic, but would support the in-kind parking of $3,000 as in prior years for that event. Staff supports the UCI 2.1 Pro-Cycling event, but would prefer to wait until more details about the event are available before committing to an amount in the budget. Staff also recommends that a portion of funding come from the Vail Local Marketing District. Funding for the 2015 World Alpine Championships and the Nations Team Event were agreed upon previously and are currently included in the General Fund 2013 budget, out of fund balance reserves. Staff recommends funding the in-kind requests as follows: Birds of Prey bus service be limited to $20,000 (double from 2012 based on two events planned for 2013); however, transportation is limited to the Beaver Creek parking areas; 12/4/2012 22 Hot Summer Nights is granted up to $2,800 of police extra duty coverage as requested. Winter Teva games in-kind services be limited to $10,000 which includes $3,500 of parking vouchers, $2100 use of Grand View room for registration, police extra duty coverage, and public works support. It does not include a waiver of event fees. This event received $70,000 from the CSE in 2012. Summer Teva Mountain Games in-kind services be limited to $12,000 due to maximum capacity of town resources. The $12,000 in-kind includes extra duty police coverage, event bus/shuttle support, water usage, sand bag distribution and trash clean-up. It does not include waiver of event fees, transportation and set up of bike features or the world cup climbing wall ballast. This event received $105,000 from the CSE in 2012. Should the Pro-Cycling Challenge take place, in-kind is limited to $40,000 for town event staff support, police extra duty coverage and public works support. The first year of this event cost $57,000. G. Vail Symposium BACKGROUND INFORMATION: The Vail Symposium is requesting $75,000 to help fund two signature events, Living At Your Peak (second year) and the Vail Global Forum (inaugural year). The funds will be used equally between the two events. **As of October 16, the Vail Symposium request was changed with the removal of funding request for the Living at Your Peak event. STAFF RECOMMENDATION: Staff recommends the funding request go through the Commission on Special Events (CSE). In 2012 the Symposium received $10,000 from the VLMD and $25,000 from Council contributions via the CSE. The Symposium also receives $4,500 annually from the Town of Vail Library for the Adventure Speaker series and free use of Donovan Pavilion for six events (valued at $2,200) and use of the Grand View for 2 events (valued at $1,000). Staff also recommends any future cash requests for these events go through the Commission on Special Events for consideration. H. Highline Sports & Entertainment / Burton US Open BACKGROUND INFORMATION: Highline is requesting $500,000 in cash to support the 2013 U.S. Open Snowboarding Championships event. STAFF RECOMMENDATION: This request was too large to go through the Commission on Special Events annual process. Any funding of this event would have to come out of General Fund reserves, as the annual operating budget cannot support this level of contribution. I. Taste of Vail Lamb and Apres Cook-off BACKGROUND INFORMATION: The Taste of Vail is requesting in-kind services of $3,000 for the Lamb Cook-off for trash and recycling services. STAFF RECOMMENDATION: Staff recommends funding this in-kind request for event visitors only (food vendors must provide their own trash cans), with an estimated cost of $2,500. The Taste of Vail received $20,000 of cash funding from the CSE in 2012. 12/4/2012 23 J. Eagle Valley Land Trust BACKGROUND INFORMATION: The Eagle Valley Land Trust (EVLT) is requesting $5,000 to help fund monitoring and stewardship, community education and awareness and administration of programs. They are also requesting an in-kind contribution of a parking pass for the EverGreen Ball silent auction in 2013. The EVLT holds five separate conservation easements (approx. 25 acres) within the Town of Vail boundaries. STAFF RECOMMENDATION: Staff does not recommend cash funding. Town staff currently monitors the easements, with an annual audit performed by the EVLT each summer. While this is a valuable program, the town’s operating budget cannot sustain an increased parking request. EDUCATIONAL K. Eagle Valley Childcare (EVC) BACKGROUND INFORMATION: The EVC has requested $48,000 of funding for 2013 to subsidize Town of Vail child and infant care. STAFF RECOMMENDATION: Because the town is a founding partner, staff recommends funding $45,000 (same amount as 2011 and 2012). This childcare provider is an important service used by town employees, and is the only infant care provider in Vail. L. Starting Hearts BACKGROUND INFORMATION: Starting Hearts is requesting $19,171 cash to implement the “Stand Up to SCA” project by conducting three “CALL.PUSH.SHOCK” programs to schools and fifty to the community. Their goal is to educate approximately 725 Vail youth, and 5,340 town residents, employees and guests on how to respond to sudden cardiac arrest in 2013. The average cost per participant is $3.16 and includes instructor compensation, printed collateral, “HeartRod” travel expenses and supplies to conduct trainings. STAFF RECOMMENDATION: While staff commends the effort in developing this program, it is not recommend for funding because it does not fit the criteria for contribution requests and is not appropriate for town funding. Staff recommends that Starting Hearts approach the county health and human services department as a potential funding source. M. Team Transportation - Eagle County School District BACKGROUND INFORMATION: Team Transportation is requesting $2,000 to purchase merchandise for their Positive Behavior and Intervention Program. This program rewards children when they do the “right thing”, whether on the school bus or in the school or community. The District has not funded this program but supports the intent of it. The program has raised some donations from the Town of Gypsum and small businesses. This funding will help build their inventory of merchandise used as “rewards.” STAFF RECOMMENDATION: While staff commends the creativity shown by Team Transportation in developing this program, it is not recommended for funding because it does not fit the criteria for contribution requests and is not appropriate for town funding. 12/4/2012 24 N. Education Foundation of Eagle County (EFEC) BACKGROUND INFORMATION: The Education Foundation is requesting a cash contribution of $5,000 and an in-kind contribution for the use of Donovan Pavilion (valued at $3,500) on Sunday, May 19th, 2013. Both the cash and in-kind contribution will be used to host an annual event called “Project Funway,” which is a fundraiser to support quality teachers and materials for public education in Eagle County, including Red Sandstone in Vail. STAFF RECOMMENDATION: Staff does not recommend cash funding, but staff does support free use of Donovan Pavilion contingent upon approval and coordination with the Donovan Management Company regarding availability. However, the EFEC will be responsible for hard costs for use of the Donovan Pavilion such as set-up, tear-down, cleaning and utilities. O. Red Sandstone Elementary School Parent Teacher Organization (PTO) BACKGROUND INFORMATION: Red Sandstone Elementary PTO is requesting $37,000 to research and implement a comprehensive education technology platform for the school. If funded, they would recruit and hire an “Ed-Tech” Coordinator to develop and implement a cutting edge learning technology program, enabling students to learn with computers, laptops and I-pads. Due to school district budget cuts in 2012-2013, the technology position was eliminated. These funds would be leveraged by other funds raised by the PTO and used to hire an “Ed-Tech” coordinator. STAFF RECOMMENDATION: Staff does not recommend funding based on the Vail Town Library’s current partnering with Red Sandstone with education programming. The library will assist the school with their library instruction program on a semi-monthly basis beginning in mid-October of 2012. Library staff will provide 30 minutes of library instruction time to each class at Red Sandstone (there are 12 total classes, 2 each in grades K-5) once a month at the school and then again once a month at the library. P. Children’s Garden of Learning BACKGROUND INFORMATION: The Children’s Garden of Learning is requesting that the final payment on the loan granted for the remodeling of Red Sandstone classrooms in the amount of $5,000 due May 2013 be forgiven. Those monies will be used instead for dire building maintenance, painting and sealing of exterior of building, replacement of flooring in preschool restroom and replacement of two dishwashers to meet health and safety codes. STAFF RECOMMENDATION: Staff does not recommend funding. This was an interest-free 10- year loan ($50,000). The Town also supports this organization with a $1/year land lease and paid for construction of the building. RECREATIONAL Q. Ski & Snowboard Club of Vail BACKGROUND INFORMATION: The Ski & Snowboard Club of Vail has requested in-kind funding (valued at $5,285) for 4 days of ice for their annual Ski & Snowboard Swap event to be held October 24-27, 2013. STAFF RECOMMENDATION: Staff recommends funding this in-kind request for two days (out of four requested) with appropriate approval and coordination with the Vail Recreation District. The Ski 12/4/2012 25 & Snowboard Club will be responsible for hard costs for use of the Dobson Arena such as set-up, tear-down, cleaning and utilities. Two days are recommended at this time because the town is currently recruiting participatory sporting events and may need to use some of our allocated days to offset costs for those groups. However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days (days will be released by August 1, 2013). R. Vail Junior Hockey Association BACKGROUND INFORMATION: The Vail Junior Hockey Assn. is requesting in-kind funding for 9 days of ice valued at $11,891 (3 weekends during November, 2013) and use of the Donovan Pavilion (valued at $3,500) in the spring of 2014 for an End of Hockey Season Gathering for volunteers, sponsors, parents and players. In addition, they are requesting free or reduced parking in the LionsHead Parking Structure for the 3rd weekend of the tournament (scheduled for November 18 – 20). STAFF RECOMMENDATION: Staff recommends providing 5 days of ice time (out of 9 requested), subject to approval and coordination with the Vail Recreation District for the ice time. Staff recommends waiving the fee for Donovan Pavilion, contingent upon approval and coordination with the Donovan Management Company regarding availability. However, the Hockey Assn. will be responsible for hard costs for use of the Dobson Arena and Donovan Pavilion such as set-up, tear- down, cleaning and utilities. The reduced days relate to the town’s need for ice time as mentioned in item “Q”. However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days. The parking request is estimated at a cost of $8,625. Staff does not recommend funding this request as the budget cannot support an increase from the prior year’s contribution. S. Skating Club of Vail BACKGROUND INFORMATION: The Skating Club of Vail has requested in-kind funding of 9 days of ice valued at $11,891 for two separate competitions (32nd Annual Vail Invitational Championships and the 10th Annual Vail Mountain Fun Skating Competition) July 2013 and the Holiday Ice Shows in late December, 2013). STAFF RECOMMENDATION: Staff recommends providing 5 days of ice time (out of 9 requested) subject to approval and coordination with the Vail Recreation District. The Skating Club will be responsible for hard costs for use of the Dobson Arena such as set-up, tear-down, cleaning and utilities. The reduced days relate to the town’s need for ice time as mentioned in item “Q”. However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days (days will be released by August 1st, 2013). T. Special Olympics BACKGROUND INFORMATION: The Special Olympics is requesting an in-kind contribution of 42 parking vouchers valued at $1,050 from January 6, 2013 through April 7, 2013. The days requested are Sundays not including President’s weekend. STAFF RECOMMENDATION: Staff recommends funding this in-kind request for the LionsHead parking structure only, with one-time entry/exit coupons (total of 42) as in prior years. 12/4/2012 26 U. Vail Valley Athlete Commission (see backup for item F) BACKGROUND INFORMATION: The Athlete Commission is requesting a $6,000 cash contribution to support local athletes. The athletes are also funded by the Vail Valley Foundation and Vail Resorts. STAFF RECOMMENDATION: Staff recommends funding this request at $6,000 (flat for the past four years) in support of our athletes and for the international exposure for the Town of Vail. V. Foresight Ski Guides BACKGROUND INFORMATION: Foresight Ski Guides is requesting four parking passes for the Vail Village parking structure (valued at $4,400) for the 2013- 2014 ski season as well as the ability to request up to 10 parking vouchers (valued at $250) for additional guides needed during special events. Foresight provides parking to volunteer guides, half of which drive from Denver. Local guides usually take public transportation and/or carpool. Foresight provides challenging recreation opportunities to visually impaired participants and guides, including the Colorado School for the Blind and soldiers blinded in Iraq and Afghanistan. STAFF RECOMMENDATION: Staff recommends providing two blue passes, restricted to the LionsHead parking structure, as was approved in 2012. The budget cannot sustain an increased parking request. W. SOS Outreach BACKGROUND INFORMATION: SOS Outreach is requesting 35 parking vouchers for the 2013/14 ski season to be used by program coordinators hauling gear to and from the mountain for the winter skiing and snowboarding programs for underserved youth. STAFF RECOMMENDATION: While this is a valuable program, the town’s operating budget cannot sustain an increased parking request. X. Eagle Valley Senior Life BACKGROUND INFORMTION: Eagle valley Senior Life is requesting $2,500 to help with supplies and activity costs for the “Senior Spot” as well as transportation for seniors who are no longer able to drive themselves from Vail to Minturn, our location for activities. STAFF RECOMMENDATION: Staff does not recommend funding because it does not fit the criteria for contribution requests and is not appropriate for town funding. Y. Vail Veterans Program BACKGROUND INFORMATION: Vail Veterans Program is requesting $5,000 to enhance the regular program of events by allowing alumni to attend the Vail Veterans 10th Anniversary event in 2013. This would give the Vail Veterans Program the opportunity to market and advertise Vail’s contribution and partnership to the nationally recognized program. STAFF RECOMMENDATION: Staff recommends funding $5,000 as a one-time contribution so that 12/4/2012 27 veterans may attend the 10th Anniversary event. Z. Small Champions of Colorado, Inc. BACKGROUND INFORMATION: Small Champions of Colorado is requesting in-kind services for 4 parking vouchers (valued at $900) to use on nine winter Sundays. In addition they are requesting a parking pass valued at $1,100 to use for their annual golf tournament silent auction. This will help with fund raising and provide a meeting space for the small champions and their families. STAFF RECOMMENDATION: While this is a valuable program, the town’s operating budget cannot sustain an increased parking request. AA. Colorado Fourteeners Initiative BACKGROUND INFORMATION: The Colorado Fourteeners Initiatives is requesting $5,000 cash to help maintain the natural integrity of Mount of the Holy Cross (closest Fourteener peak to the Vail Valley). The major trail reconstruction will be done in late 2012 so this funding will help with work in 2013 to educate hikers about the new camping regulations. This will include updating trailhead kiosk panels and recruiting, training and managing volunteer Peak Stewards who will have an intensive presence in the area in 2013 to assist in compliance with the campsite closures and new designated campsites. STAFF RECOMMENDATION: Staff recommends funding this request based on the fact that hiking is currently the #1 summer activity based on a recent survey, and this particular location is a popular destination enjoyed by our guests and local citizens. ARRANGEMENTS & AGREEMENTS AB. Vail Valley Community TV / Channel 5 BACKGROUND INFORMATION: Channel 5 is requesting “approximately” $70,000 in franchise fees the Town of Vail receives annually from Comcast. In 2012 this amount was budgeted at $70,000. STAFF RECOMMENDATION: Staff recommends funding the franchise fee at 30% (same as in prior years), estimated at $80,000. REAL ESTATE TRANSFER TAX FUND AC. Betty Ford Alpine Gardens BACKGROUND INFORMATION: The Alpine Garden Foundation is requesting funding of $100,000 for general operations including education programs and conservation expenses. They are also requesting an in-kind contribution of the two designated parking spaces in Ford Park upper bench as in the past. The Garden hosts thousands of visitors per year and has achieved World-premier status as a high altitude garden. 12/4/2012 28 STAFF RECOMMENDATION: Staff recommends funding operating expenses at $65,620, flat with 2012 funding. During the 2012 budget process, Council increased operational support by $10,000. The Gardens will be provided Ford Park spaces for summer as in prior years. AD. Eagle River Watershed BACKGROUND INFORMATION: The Eagle River Watershed is requesting $97,481 cash funding. Of this request, $10,000 relates to the monitoring of the Black Gore Creek (TMDL implementation); $4,200 for the bio-monitoring of Gore Creek and Black Gore Creek; $12,000 for regional collaborative action monitoring; $20,000 for Gore Creek Water Quality Improvement Plan being performed by the Eagle River Water and Sanitation District; $36,281 for Gore Creek Riparian Restoration Project; and $15,000 for administration and support. STAFF RECOMMENDATION: Staff recommends funding of $62,000, flat with 2012 amended. This includes, $10,000 for sediment-source monitoring (TMDL); $4,200 for bio-monitoring of the Gore / Black Gore Creek; $12,000 for collaborative action monitoring; $24,000 for the Gore Creek Riparian Restoration Project; and $12,000 (20%) for general operations. Staff also recommends that funding for the Water Quality Improvement Plan go directly to the Eagle River Water and Sanitation District through the town’s environmental sustainability department budget. AE. Eagle Valley Alliance for Sustainability BACKGROUND INFORMATION: The Alliance is requesting $6,000 to help fund and promote various environmental programs that benefit the Town of Vail, including the community garden in West Vail, recycling outreach and education, the annual E-Waste event and energy events/programs. STAFF RECOMMENDATION: Staff does not recommend funding this request because the town has an environmental sustainability budget which has supported the community garden, recycling outreach and education and energy programs. 12/4/2012 Re v i s i o n s s i n c e 1 s t r e a d i n g Am e n d e d 20 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 P r o j e c t I n f o r m a t i o n Re v e n u e To t a l S a l e s T a x R e v e n u e : 18 , 9 0 0 , 0 0 0 $ 20 , 1 0 0 , 0 0 0 $ 20 , 7 0 0 , 0 0 0 $ 21 , 3 2 0 , 0 0 0 $ 21 , 9 6 0 , 0 0 0 $ 22 , 6 2 0 , 0 0 0 $ 20 1 3 p r o j e c t e d 1 . 5 % h i g h e r t h a n f o r e c a s t e d 2 0 1 2 c o l l e c t i o n s ; 2 . 6 % a b o v e 2 0 1 1 a c t u a l S a l e s T a x S p l i t b e t w e e n G e n e r a l F u n d & C a p i t a l Fu n d 61 / 3 9 6 1 / 3 9 6 1 / 3 9 6 1 / 3 9 6 1 / 3 9 6 1 / 3 9 Sa l e s T a x - C a p i t a l P r o j e c t s F u n d 7, 3 7 0 , 0 0 0 $ 7, 8 3 9 , 0 0 0 $ 8, 0 7 3 , 0 0 0 $ 8, 3 2 0 , 0 0 0 $ 8, 5 6 4 , 0 0 0 $ 8, 8 2 2 , 0 0 0 $ Us e T a x 1, 0 0 0 , 0 0 0 1, 0 0 0 , 0 0 0 1, 0 2 0 , 0 0 0 1, 0 4 0 , 4 0 0 1, 0 6 1 , 2 0 8 1, 0 8 2 , 4 3 2 N o m a j o r p r o j e c t s a s s u m e d ; 2 % a n n u a l i n c r e a s e a f t e r 2 0 1 3 Fe d e r a l G r a n t R e v e n u e 82 8 , 0 0 0 - 2 4 0 , 0 0 0 24 0 , 0 0 0 54 4 , 8 0 0 - 2 0 1 2 : M a t t e r h o r n b r i d g e r e c o n s t r u c t i o n , 2 0 1 4 - 2 0 1 6 : B r i d g e s a t N u g g e t L a n e a n d B r i d g e R d Ot h e r S t a t e R e v e n u e - 2 0 0 , 0 0 0 - - - - C D O T s h a r e o f f u n d i n g f o r S i m b a R u n U n d e r p a s s s t u d y ( 5 0 / 5 0 w i t h T O V ) Le a s e R e v e n u e 18 8 , 1 6 0 19 2 , 6 6 0 19 7 , 2 9 5 19 7 , 2 9 5 19 7 , 2 9 5 19 7 , 2 9 5 P e r V a i l C o m m o n s c o m m e r c i a l ( i n c r . e v e r y 5 y e a r s ) a n d r e s i d e n t i a l l e a s e s Em p l o y e e H o u s i n g F e e - I n - L i e u 70 , 0 0 0 - - - - - R e c o g n i z e Y T D c o l l e c t i o n s Pr o j e c t R e i m b u r s e m e n t 17 4 , 4 3 5 - - - - - 20 1 2 : $ 1 1 1 K s h a r e d c o s t s f o r I - 7 0 N o i s e p r o j e c t s ( ho m e o w n e r s $ 8 K , C D O T $ 9 3 K a n d E R W S D $ 1 0 K ) ; $ 2 8 , 7 8 3 e n e r g y re b a t e s ; $ 3 4 , 6 5 2 r e i m b f r o m V R D f o r t e n a n t f i n i sh e s i n W e l c o m e C e n t e r o f f i c e s p a c e ; 2013 $5M from MOB removed until fu r t h e r n o t i c e TR A H C r e p a y m e n t 26 8 , 0 9 4 49 4 , 4 6 6 49 4 , 4 6 6 49 4 , 4 6 6 49 4 , 4 6 6 P r i n c i p a l a n d i n t e r e s t o n l o a n s t o T R A H C Ea r n i n g s o n I n v e s t m e n t s a n d O t h e r 67 , 5 0 0 57 , 2 9 5 28 , 1 1 6 46 , 9 4 6 59 , 1 7 5 56 , 1 9 7 0 . 5 % o n a v a i l a b l e f u n d b a l a n c e To t a l R e v e n u e 9, 6 9 8 , 0 9 5 9, 5 5 7 , 0 4 9 10 , 0 5 2 , 8 7 7 10 , 3 3 9 , 1 0 7 10 , 9 2 0 , 9 4 4 10 , 6 5 2 , 3 9 0 Ex p e n d i t u r e s Ma i n t a i n T o w n A s s e t s Bu s S h e l t e r s 30 , 0 0 0 30 , 0 0 0 30 , 0 0 0 30 , 0 0 0 30 , 0 0 0 30 , 0 0 0 A n n u a l m a i n t e n a n c e Pa r k i n g S t r u c t u r e s 67 0 , 0 0 0 60 0 , 0 0 0 62 0 , 0 0 0 68 0 , 0 0 0 67 5 , 0 0 0 69 0 , 0 0 0 20 1 2 - 2 0 1 7 v a r i o u s r e p a i r s i n c l u d i n g d e c k t o p p i n g r e p l a c e m e n t , expansion joint repairs, ventilation, HVAC, plumbing and ot h e r s t r u c t u r a l r e p a i r s ; T h e r e i s a n o f f s e t f r o m V R A f o r m a in t e n a n c e i n L H P k g s t r u c t u r e ( s e e t r a n s f e r n e a r b o t t o m o f s h e e t ) Fa c i l i t i e s C a p i t a l M a i n t en a n c e 91 4 , 7 9 9 59 2 , 0 0 0 47 1 , 0 0 0 50 8 , 0 0 0 29 3 , 0 0 0 25 5 , 0 0 0 20 1 2 - 2 0 1 7 v a r i o u s r e p a i r s t o t o w n b u i l d i n g s i n c l u d i n g t h e u p k ee p o f e x t e r i o r ( r o o f i n g , s i d i n g s u r f a c e s , w i n d o w s , d o o r s ) , in t e r i o r f i n i s h e s ( p a i n t , c a r p e t , e t c ) , a n d m e ch a n i c a l e q u i p m e n t ( b o i l e r s , a i r h a n d l e r s , e t c ) . Go r e R a n g e C o n d o U n i t s 2 E , 2 W & 3 W 3 0 , 0 0 0 - - - - - 2 0 1 2 : G o r e R a n g e t o w n h o m e s p e c i a l a s s e s s m e n t f o r e x t e r i o r i m p r o v e m e n t s s u c h a s s t airways and decks (3 units) Cr e e k s i d e H o u s i n g I m p r o v e m e n t s 38 5 , 0 0 0 - - - - - Pl u m b i n g ; e l e c t r i c a l w i r i n g ; r o o f i n g , a s b e s t o s a n d m o l d r e m ed i a t i o n ; 4 u n i t s w e r e c o m p l e t e d i n 2 0 1 0 ; 4 m o r e i n 2 0 1 1 ; co m p l e t e r e m a i n i n g 4 u n i t s a n d r e p l a c e e x t e r i o r s i d i n g , s t a i r s a n d d e c k s i n 2 0 1 2 Do n o v a n P a r k P a v il i o n 50 , 0 0 0 - - 7 2 0 , 0 0 0 - - 20 1 2 : $ 5 0 K f u r n i t u r e r e p l a c e m e n t ; 2 0 1 5 : $ 4 0 0 K t o c h a n g e v e n t i l a t i o n & i m p r o v e n o i s e , $ 2 7 0 K t o r e p l a c e h e a t i n g / a i r s y s t e m an d $ 5 0 K f u r n i t u r e r e p l a c e m e n t St r e e t L i g h t I m p r o v e m e n t s 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 N e w s t r e e t l i g h t s a n d t o r e f u r b i s h r e s i d e n t i a l l i g h t i n g Ca p i t a l S t r e e t M a i n t e n a n c e 1, 0 0 0 , 0 7 8 73 5 , 9 0 0 97 9 , 0 0 0 1, 2 1 3 , 3 0 0 95 2 , 6 0 0 1, 1 9 6 , 8 0 0 O n - g o i n g m a i n t e n a n c e t o r o a d s a n d b r id g e s i n c l u d i n g a s p h a l t o v e r l a y s , p a t c h i n g a n d r e p a i r s Re l o c a t i o n o f R e c y c l i n g C e n t e r 14 0 , 0 0 0 - - - - - Re l o c a t i o n o f r e c y c l i n g c e n t e r c u r r e n t l y a t C o m m u n i t y D e v e l o p m e n t p a r k i n g a r e a ; T h i s p r o j e c t w i l l b e c o m p l e t e d p r i o r t o t h e mu n i c i p a l s i t e r e d e v e l o p m e n t Fl o o d I n c i d e n t r e p a i r s 34 9 , 1 9 2 - - - - - Re l a t i n g t o f l o o d r e p a i r s : R e c o n s t r u c t a p o r t i o n o f R o ck l e d g e d r a i n a g e i m p r o v e m e n t s , B i g H o r n C r e e k c u l v e r t re p a i r / r e p l a c e m e n t a t C o l u m b i n e a n d S p r u c e W a y , B o o t h C r e e k improvements to mitigate future flooding of culverts, tennis co u r t s a n d p l a y g r o u n d s . Fi r e T r u c k R e p l a c e m e n t 59 0 , 0 0 0 - 6 2 0 , 9 0 0 - - - 2 0 1 2 r e p l a c e p u m p e r t r u c k f r o m 1 9 9 4 ; 2 0 1 4 r e p l ac e p u m p e r t r u c k f r o m 1 9 9 9 To w n - w i d e c a m e r a s y s t e m 12 , 0 0 0 23 , 0 0 0 12 , 0 0 0 15 , 0 0 0 15 , 0 0 0 15 , 0 0 0 $1 2 K p e r y e a r f o r r e p l a c e m en t o f c a m e r a s a n d e q u i p m e n t ( 8 9 c a meras and 4 recorders around town so far); Recorders cost $7 - 8 K e a c h ; c a m e r a s r a n g e f r o m $ 8 0 0 - $ 3 8 0 0 e a c h ; R e p l a c i n g t h r e e D V R ' s i n 2 0 1 3 Au d i o - V i s u a l c a p i t a l m a i n t e n a n c e - 40 , 0 0 0 10 , 0 0 0 10 , 0 0 0 10 , 0 0 0 10 , 0 0 0 20 1 3 : $ 3 0 K f o r r e p l a c e m e n t o f e n t i r e A / V s y s t e m a t D o n o v an ; $ 1 0 K a n n u a l m a i n t e n a n c e / r e p l a c e m e n t o f a u d i o - v i s u a l eq u i p m e n t i n t o w n b u i l d i n g s s u c h a s D o n o v a n , M u n i c i p a l b u i l d i n g , G r a n d V i e w , L H W e l c o m e C e n t e r , e t c . Do c u m e n t I m a g i n g 10 5 , 0 0 0 30 , 0 0 0 30 , 0 0 0 30 , 0 0 0 30 , 0 0 0 30 , 0 0 0 A n n u a l m a i n t e n a n c e , s o f t w a r e li c e n s i n g , a n d r e p l a c e m e n t s c h e d u l e f o r s c a n n e r s a n d s e r v e r s So f t w a r e L i c e n s i n g 40 , 0 0 0 48 , 0 0 0 40 , 0 0 0 40 , 0 0 0 40 , 0 0 0 40 , 0 0 0 U p g r a d e M i c r o s o f t p r o d u c t s o n a l l e q u i p m en t ; r e n e w l i c e n s e s i n f u t u r e ; Increased costs from vendors Ha r d w a r e P u r c h a s e s 94 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 S c h e d u l e d r o t a t i o n o f P C s , p r i n t e r s a n d s e r v e r s Da t a C e n t e r ( C o m p u t e r R o o m s ) 15 , 0 0 0 15 , 0 0 0 15 , 0 0 0 15 , 0 0 0 15 , 0 0 0 15 , 0 0 0 B a s e d o n a n n u a l r e p l a c e m e n t s c h e d u l e o f s e c u r i t y a n d p o w e r s y s t e m s f o r 3 c o m p u t e r r o o m s We b s i t e a n d e - c o m m e r c e 61 , 7 0 0 31 , 0 0 0 12 , 0 0 0 12 , 0 0 0 12 , 0 0 0 12 , 0 0 0 I n t e r n e t s e c u r i t y & a p p li c a t i o n i n t e r f a c e s ; w e b s i t e r e d e v e l o p m e n t ( 2 0 1 2 - 2 0 1 3 ) Co m m D e v A r c G I S S y s t e m - 28 , 0 0 0 - - - - We b a c c e s s t o t o w n G I S i n f o r m a t i o n ( s i m i l a r t o C o u n t y ' s w e b s i t e G I S p r o d u c t ) ; 2 0 1 3 e x p e n d i t u r e t o l i n k t h e s y s t e m t o la s e r f i c h e s o c u s t o m e r s c a n a c c e s s T O V z o n i n g , D R B r u l e s , a n d f o r g e o g r a p h i c c o d i n g ; T h i s p r o j e c t i s m i d - w a y t h r o u g h im p l e m e n t a t i o n : t h e s e r v e r a n d s o f t w a r e h a v e a l r e a d y b e e n p u r c h a s e d . T h i s e x p e n d i t u r e w ill finalize the set up of the sy s t e m Fi b e r O p t i c s / C a b e l i n g S y s t e m s i n B u i l d i n g s 23 , 0 0 0 39 , 0 0 0 21 , 0 0 0 15 , 0 0 0 15 , 0 0 0 15 , 0 0 0 Ca b l i n g / N e t w o r k I n f r a s t r u c t u r e ; t o r e p a i r, m a i n t a i n & u p g r a d e ; R e p l a c e c a b l i n g i n V T C , P u b l i c W o r k s a n d F i r e S t a t i o n 1 i n 20 1 3 ; Q M o E f i b e r r i n g i n 2 0 1 3 ( F i b e r t o c o n n e c t o u r t o wn o f f i c e l o c a t i o n s a n d p r e p a r e f o r n e w p h o n e s y s t e m ) Ne t w o r k u p g r a d e s 35 , 0 0 0 60 , 0 0 0 40 , 0 0 0 30 , 0 0 0 30 , 0 0 0 30 , 0 0 0 C o m p u t e r n e t w o r k s y s t e m s - r e p l a c e m e n t c y c l e e v e r y 3 - 5 y e a r s ; 2 0 1 3 r e p l a c e m e n t o f s w i t c h e s a n d r o u t e r s Ph o n e S y s t e m I n f r a s t r u c t u r e 35 , 0 0 0 15 0 , 0 0 0 - - - - R e p l a c e i n f r a s t r u c t u re f o r 1 5 - y e a r o l d p h o n e s y s t e m ; R e p l a c e p h o n e s y s t e m i n Q 1 2 0 1 3 TO W N O F V A I L 2 0 1 3 P R O P O S E D B U D G E T SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S , A N D C H A N G E S I N F U N D B A L A N C E CA P I T A L P R O J E C T S F U N D 29 12/4/2012 Re v i s i o n s s i n c e 1 s t r e a d i n g Am e n d e d 20 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 P r o j e c t I n f o r m a t i o n TO W N O F V A I L 2 0 1 3 P R O P O S E D B U D G E T SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S , A N D C H A N G E S I N F U N D B A L A N C E CA P I T A L P R O J E C T S F U N D Bu s i n e s s S y s t e m s R e p l a c e m e n t 4 0 0 , 0 0 0 5 2 5 , 0 0 0 - - - - 20 1 3 $ 3 5 0 K f o r r e p l a c e m e n t o f C o m m u n i t y D e v e l o p m e n t p e r m i t t i n g s o f t w a r e a n d $ 1 7 5 K f o r r e m a i n d e r o f F i n a n c e s y s t e m pr o j e c t ; 2 0 1 2 R e p l a c e 1 5 - y e a r o l d f i n a n c i a l s y s t e m ( p l u s $ 1 7 K f o r u p g r a d e t o C o m m d e v s y s t e m ) Pu b l i c S a f e t y S y s t e m 5 9 , 0 0 0 6 1 , 0 0 0 5 0 , 0 0 0 5 0 , 0 0 0 5 0 , 0 0 0 50 , 0 0 0 An n u a l c a p i t a l m a i n t e n a n c e o f " C o u n t y - w i d e " C o m p u t e r A i d e d D i s patch/Records Mgmt System"; includes patrol car and fire tr u c k l a p t o p s a n d s o f t w a r e u s e d t o p u s h i n f o r m a t i o n t o T O V a n d o t h e r a g e n c i e s ; T O V p o r t i o n o f a n n u a l I n t e r g r a p h s o f t w a r e ma i n t e n a n c e Ra d i o T o w e r ( R 5 6 ) 6 0 , 0 0 0 - - - - - 20 1 2 : T o w n ' s p o r t i o n o f w i r e l e s s c o m m u n i c a t i o n e q u i p m e n t u p g r a d e - R a d i o t o w e r w ill be replaced and location moved fr o m o u t s i d e o f C o u n c i l c h a m b e r s t o o u t s i d e o f D i sp a t c h c e n t e r ; O f f s e t b y D i s p a t c h $ 1 0 K b e l o w In t e r g r a p h u p g r a d e ( P u b l i c S a f e t y ) 80 , 0 0 0 60 , 0 0 0 - - - - TO V p o r t i o n o f u p g r a d e t o c o m p u t e r - a i d e d d i s p a t c h s y s t e m ; 2 0 1 3 r e q u i r e d u p g r a d e o f O r a c l e a p p l i c a n c e r e l a t i n g t o t h e In t e r g r a p h s y s t e m u p g r a d e Po l i c e i n - c a r c a m e r a s ; r e p l a c e m e n t - 55 , 0 0 0 - - - - U p g r a d e m o b i l e v i s i o n c a m e r a s i n c a r s p u r c h a s e d 6 y e a r s a g o Po l i c e E - t i c k e t i n g s y s t e m - - 60 , 0 0 0 - - - El e c t r o n i c t i c k e t i n g s y s t e m ; r e d u c e s d a t a e n t r y d o n e b y o f f i c e r s t o r e c o r d p h y s i c a l t i c k e t s ; w ill interface with Police In t e r g r a p h s y s t e m Po l i c e B r e a t h a l i z e r r e p l a c e m e n t 10 , 0 0 0 - - - - - S t a t e m a n d a t e d r e p l a c e m e n t o f 1 3 - y r o l d e q u i p m e n t ; m a y e v e n t u a l l y b e o f f s e t w i t h g r a n t r e v e n u e Po l i c e R i f l e R e p l a c e m e n t 21 , 2 5 0 - - - - - R e p l a c e m e n t o f 2 1 - y e a r o l d r i f l e s ( 1 7 u n i t s ) To t a l M a i n t e n a n c e 5, 2 6 0 , 0 1 9 3, 2 2 2 , 9 0 0 3, 1 1 0 , 9 0 0 3, 4 6 8 , 3 0 0 2, 2 6 7 , 6 0 0 2, 4 8 8 , 8 0 0 En h a n c e m e n t o f T o w n A s s e t s CD O T R e q u i r e d p a r k i n g 63 0 , 0 0 0 70 0 , 0 0 0 21 8 , 0 0 0 - - - 2 0 1 2 : L i o n s H e a d a n d g u a r d r a i l i n W e s t V a i l o n N . F t g R d ; 2 0 1 3 : S a f e w a y ( i n c l u d e s l i g h t i n g ; 2 0 1 4 : C a s c a d e Va i l V i l l a g e I n f o B o o t h 1, 1 0 0 , 0 0 0 - - - - - R e m o d e l , i n c l u d i n g a d d i t i o n o f r e s t r o o m s a n d g u e s t e n h a n c e m e n t s Va i l V i l l a g e I n f o B o o t h p u l l o f f l a n e 25 0 , 0 0 0 - - - - - Pu l l o f f l a n e i n f r o n t o f V a i l V il l a g e i n f o b o o t h f o r s h o r t t e r m p a r k i n g a n d t o p r o v i d e a n a r e a f o r a n R V o r l a r g e r v e h i c l e t o p u l l in f o r i n f o r m a t i o n Li o n s H e a d I n f o B o o t h 25 , 0 0 0 - - - - - D e m o l i t i o n o f o l d L i o n s H e a d I n f o r m a t i o n C e n t e r Gu e s t S e r v i c e s E n h a n c e m e n t s / W a y f i n d i n g 1, 5 1 9 , 1 1 0 1, 1 0 0 , 0 0 0 1, 0 0 0 , 0 0 0 - - - Gu e s t i n f o r m a t i o n i m p r o v e m e n t s t o w n - w i d e , i n c l u d i n g pe d e s t r i a n s i g n a g e , p a r k i n g s t r u c t u r e s , b a n n e r s a t V V & L H a n d va r i a b l e m e s s a g e s i g n s Gu e s t S e r v i c e E n h a n c e m e n t s : L H W e l c o m e c e n t e r (V R A ) 35 4 , 7 0 0 Tr a n s f e r r e d f r o m W e l c o m e C e n t e r p r o j e c t b a s e d o n C o u n c i l - a p p r oved plan for expenses relating to design and hard cost of me d i a , s i g n a g e , e t c . Ea s t V a i l F i r e S t a t i o n - - - - 7 7 5 , 0 0 0 - Re n o v a t i o n o f s t a t i o n Ma i n V a i l F i r e S t a t i o n 15 0 , 0 0 0 1, 7 5 0 , 0 0 0 - - - - Re n o v a t i o n o f s t a t i o n En e r g y E n h a n c e m e n t s 1, 1 3 3 , 0 2 1 - - - - - I m p l e m e n t a t i o n o f e n e r g y a u d i t e n h a n c e m e n t s ( i n c l . r e i m b f r o m V R A , R E T T , a n d G F ) Fi r e E q u i p m e n t 32 , 0 0 0 - - - - - $ 1 2 K T h e r m a l i m a g e c a m e r a f o r n e w t r u c k ; $ 2 0 K s e t o f e q u i p m e n t f o r l a d d e r t r u c k Ea s t M e a d o w D r i v e - S t r e e t s c a p e H e a t 38 0 , 0 0 0 - - - - - R e c o n s t r u c t i o n o f E . M e a d o w D r i v e b u s p a t h f r o m L a B o t t e g a t o s t a r t o f S o l a r i s Ne i g h b o r h o o d R o a d R e c o n s t r u c t i o n 10 , 0 0 0 25 , 0 0 0 62 0 , 0 0 0 4, 4 7 5 , 0 0 0 4, 3 0 0 , 0 0 0 4, 2 5 0 , 0 0 0 Ea s t V a i l r o a d s ; $ 2 5 K i n 2 0 1 3 a n d $ 4 2 0 K i n 2 0 1 4 f o r s h a r e d p r o j e c t w i t h E R W S D o n R o c k l e d g e R d ; 2 0 1 4 a l s o i n c l u d e s $2 0 0 K f o r p l a n n i n g / d e s i g n o f r o a d w o r k ( c o n s t r u c t i o n i n 2 0 1 5 ) on C o l u m b i n e , S p r u c e W a y / D r . , S t r e a m s i d e , N u g g e t , G l e n Ly o n , & W i l l o w C t ; 20 1 6 / 2 0 1 7 p r o j e c t s i n c l u d e M e a d o w D r . / L n , J u n i p e r , M a i n G o r e , U t e , B l a c k B e a r , S n o w s h o e & G r o u s e Ln ; V a i l V a l l e y D r i v e p u s h e d t o 2 0 1 8 Ne i g h b o r h o o d B r i d g e R e c o n s t r u c t i o n 1, 1 5 1 , 8 1 5 - 3 0 0 , 0 0 0 30 0 , 0 0 0 1, 0 0 0 , 0 0 0 70 0 , 0 0 0 20 1 2 : M a t t e r h o r n B r id g e r e c o n s t r u c t i o n w i t h p a r t i a l f u n d i n g f r o m f e d e r a l g r a n t ; N u g g e t L a n e a n d B r i d g e R d b r i d g e s d e s i g n in 2 0 1 4 / 2 0 1 5 a n d c o n s t r u c t i o n i n 2 0 1 6 / 2 0 1 7 ; a l s o p a r t i a l f u n d i n g f r o m f e d e r a l g r a n t s . Pa r k i n g E n t r y S y s t e m / E q u i p m e n t - - 6 0 0 , 0 0 0 - - - Re p l a c e p a r k i n g s y s t e m i n b o t h s t r u c t u r e s ( L H p a r k i n g s t r u c t u r e s y s t e m h a d b e e n s c h e d u l e d f o r r e p l a c e m e n t i n 2 0 0 6 ) ; Be t t e r f i n a n c i a l r e p o r t i n g a n d p o t e n t i a l t o i n t e r f a c e w i t h v a r i a b l e m e s s a g e s i g n s a n d o t h e r p a r k i n g s y s t e m s a c r o s s t o w n ; Po s t p o n e d f r o m 2 0 1 3 t o 2 0 1 4 t o c o - i n c i d e w i t h L H p a r k i n g e n t r a n c e i m p r o v e m e n t s b e c a u s e w o u l d i n c l u d e t h e b o o t h at t e n d a n t s t a t i o n s . P a r t i a l l y r e i m b u r s e d b y V R A ( $ 3 0 0 K ) Ra d i o E q u i p m e n t r e p l a c e m e n t 48 , 0 0 0 - 69 3 , 0 0 0 - - - R e p l a c e m e n t o f 2 0 0 8 r a d i o s f o r P W , F i r e , P D Hy b r i d B u s B a t t e r y R e p l a c e m e n t 55 , 0 0 0 - 38 5 , 0 0 0 - - - S c h e d u l e d r e p l a c e m e n t : 1 i n 2 0 1 2 ; 7 i n 2 0 1 4 ; E s t i m a t e d l i f e o f 6 y e a r s Re p l a c e B u s e s 1, 2 4 5 , 9 7 8 - - - 3 , 5 2 4 , 0 0 0 - 2 0 1 2 : 2 H y b r i d b u s e s ; 2 0 1 6 : 8 b u s e s s c h e d u l e d f o r r e p l a c e m e n t ( $ 4 4 0 . 5 K p e r b u s ) Ti m b e r R i d g e L e g a l / Z o n i n g 17 , 3 1 5 - - - - - C o n s u l t a n t s , l e g a l , e t c . r e l a t e d t o p o t e n t i a l r e d e v l o p m e n t p r o j e c t To t a l E n h a n c e m e n t s 8, 1 0 1 , 9 3 9 3, 5 7 5 , 0 0 0 3, 8 1 6 , 0 0 0 4, 7 7 5 , 0 0 0 9, 5 9 9 , 0 0 0 4, 9 5 0 , 0 0 0 Ne w A s s e t s Mu n i c i p a l R e d e v e l o p m e n t 88 0 , 2 0 9 - - - - - 20 1 2 : A r c h i t e c t u r e a n d d e s i g n $ 5 1 3 K p l u s p r o j e c t m a n a g e m e n t $ 2 4 7 K ; B a s e d o n a p p r o v e d c o n t r a c t s ; $ 1 2 0 K f o r d e v e l o p e r ag r e e m e n t w i t h T r i u m p h ; 20 1 3 a n d 2 0 1 4 c o n s t r u c t i o n e s t i m a t e s r e m o v e d u n t i l f u r t h e r n o t i c e Mu n i c i p a l R e l o c a t i o n - - - - - - Re l o c a t i o n c o s t s r e m o v e d u n t i l f u r t h e r n o t i c e Fr o n t a g e R o a d i m p r o v e m e n t s ( V R A ) - - 3 , 0 0 0 , 0 0 0 - - - Fr o m L H P a r k i n g s t r u c t u r e t o M u n i c i p a l b u i l d i n g t o c o i n c i d e w i t h n e w L H p a r k i n g s t r u c t u r e e n t r y ; f u n d e d b y V R A ( s e e tr a n s f e r s b e l o w ) Ch a m o n i x S i t e I n f r a s t r u c t u r e - H o u s i n g - 1 , 4 0 0 , 0 0 0 - - - - Co u l d b e p h a s e d ( 1 s t p h a s e a p p r o x . $ 8 8 0 K ) ; i n f r a s t r u c t u r e c o s t s o n l y Si m b a R u n U n d e r p a s s ( V R A ) - 4 0 0 , 0 0 0 - - - - F e a s i b i l i t y s t u d y - f un d e d b y V R A ; C D O T s h a r i n g 5 0 % o f c o s t s ( s e e r e v e n u e a b o v e ) We l c o m e C e n t e r ( V R A ) 92 3 , 4 4 4 - - - - - Co m p l et i o n o f t h e p r o j e c t ; I n c l u d e s $ 3 4 K r e i m b u r s e m e n t f r o m V R D f o r t e n a n t f i n i s h e s ; F u n d e d b y t h e V a i l R e i n v e s t m e n t Au t h o r i t y ( s e e T r a n s f e r s b e l o w ) Ea s t L i o n s H e a d P o r t a l ( V R A ) 2, 1 1 6 , 2 8 9 - - - - - D e s i g n w o r k a p p r o v e d b y C o u n c i l F eb 1 s t ; F u n d e d b y t h e V a i l R e i n v e s t m e n t A u t h o r i t y ( E a s t L H C i r c l e ) 30 12/4/2012 Re v i s i o n s s i n c e 1 s t r e a d i n g Am e n d e d 20 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 P r o j e c t I n f o r m a t i o n TO W N O F V A I L 2 0 1 3 P R O P O S E D B U D G E T SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S , A N D C H A N G E S I N F U N D B A L A N C E CA P I T A L P R O J E C T S F U N D W e s t L i o n s H e a d P o r t a l ( V R A ) 77 2 , 5 0 0 - - - - - D e s i g n w o r k a p p r o v e d b y C o u n c i l F eb 1 s t ; F u n d e d b y t h e V a i l R e i n v e s t m e n t A u t h o r i t y ( C o n c e r t H a l l P l a z a ) Li b r a r y R e m o d e l ( V R A ) 2, 1 0 1 , 7 2 8 - - - - - Fu n d e d b y t h e V a i l R e i n v e s t m e n t A u t h o r i t y ( s e e T r a n s f e r s b e l ow ) ; T h i s p r o j e c t a d d s a d d i t i o n a l c o m m u n i t y s p a c e o n m a i n le v e l , w i t h o f f i c e s a n d c o m m u n i t y r o o m o n b a s e m e n t l e v e l ; i n c l u d e s e l e v a t o r a s r e q u i r e d b y c o d e Li o n s H e a d P a r k i n g S t r u c t u r e E n t r y ( V R A ) - 2 0 0 , 0 0 0 1, 0 0 0 , 0 0 0 - - - Im p r o v e e n t r y a r e a i n t o L H p a r k i n g s t r u c t u r e i n c l u d i n g b o o t h at t e n d a n t s t a t i o n s p r i o r t o 2 0 1 5 W o r l d A l p i n e S k i C h a m p s ; 20 1 3 d e s i g n ; 2 0 1 4 c o n s t r u c t i o n . R e i m b u r s ed b y t h e V R A ( s e e t r a n s f e r s b e l o w ) Su n d i a l P l a z a f o u n t a i n & s u r r o u n d ( V R A ) 85 0 , 0 0 0 - - - - - Fo u n t a i n n e e d s t o b e r e m o v e d o r s i g n i f i c a n t r e p a i r s / r e p l a c e m e n t; Stairways; Adjoining park could be improved rather than tr y t o f i n d a l o c a t i o n f o r a n e w L H p a r k . A " n e w " L H p a r k w a s o n U n f u n d e d l i s t f o r $ 8 0 0 K ; $ 2 8 5 K o f t h i s a m o u n t w o u l d b e t o im p r o v e t h e c o n n e c t i o n o f w a l k w a y s u p t o w a r d F i r s t C h a i r Ea s t L H C i r c l e p a t h w a y t o D o b s o n ( V R A ) - - - - 8 9 0 , 0 0 0 - Im p r o v e c o n n e c t i o n f r o m t h e E L i o n s H e a d b u s s t o p t o D o b s o n Do b s o n P l a z a ( V R A ) - - - - 1 , 0 7 5 , 0 0 0 - Re d e v e l o p t h e c e n t e r p l a z a o f D o b s o n f o r b e t t e r fl o w o f b u s t r a f f i c , p e o p l e t r a f f i c ( c o n c e r t s ) We s t V a i l F i r e S t a t i o n 7, 5 0 0 - - - - F i n a l b i l l s f o r W e s t V a i l F i r e S t a t i o n Bu y - d o w n P r o g r a m 55 2 , 1 1 8 - - - - - C a r r y f o r w a r d p r o g r a m f u n d i n g Bu y - d o w n P r o g r a m F u n d e d b y P a y - i n - L i e u 53 7 , 8 0 3 - - - - - C a r r y f o r w a r d c u r r e n t b a l a n c e o f p r o g r am f u n d i n g : H o u s i n g f u n d e d d i r e c t l y b y P a y - i n - L i e u f e e s c o l l e c t e d f r o m developers I- 7 0 N o i s e 35 0 , 1 8 3 - - - - - U t i l i t y r e l o c a t i o n f o r B a l d M ou n t a i n b e r m e x t e n s i o n Un d e r g r o u n d U t il i t y i m p r o v e m e n t s 12 1 , 2 0 0 - - - - - Tw o p r o j e c t s : E a s t V a i l o n B i g h o r n R d a n d G o l f C o u r s e t o F o r d P a r k ; R e i m b u r s e m e n t s f r o m h o m e o w n e r s t o t a l i n g $ 5 5 , 0 0 0 ($ 5 K f r o m E a s t V a i l a n d $ 5 0 K f r o m r e s i d e n t s n e a r g o l f c o u r s e ) , V a i l R e c D i s t r i c t ( $ 1 5 K ) a n d H o l y C r o s s d i r e c t l y f u n d i n g $4 3 , 0 0 0 f o r E a s t V a i l p r o j e c t To t a l N e w A s s e t s : 9, 2 1 2 , 9 7 4 2, 0 0 0 , 0 0 0 4, 0 0 0 , 0 0 0 - 1 , 9 6 5 , 0 0 0 - To ta l C a p i t a l b e f o r e F i n a n c i n g 22 , 5 7 4 , 9 3 2 8, 7 9 7 , 9 0 0 10 , 9 2 6 , 9 0 0 8, 2 4 3 , 3 0 0 13 , 8 3 1 , 6 0 0 7, 4 3 8 , 8 0 0 De b t S e r v i c e a n d F i n a n c i n g De b t S e r v i c e o n O u t s t a n d i n g B o n d s 2, 0 8 8 , 3 4 6 - - - - - A n n u a l d e b t s e r v i c e ; B o n d s w il l b e p a i d o f f b y 20 1 3 Ti m b e r R i d g e D e b t S e r v i c e G u a r a n t e e 92 5 , 0 0 0 - - - - - A n n u a l d e b t s e r v i c e g u a r a n t e e - r e q u i r e m e n t o f T R d e b t To t a l D e b t S e r v i c e a n d F i n a n c i n g : 3, 0 1 3 , 3 4 6 - - - - - To t a l E x p e n d i t u r e s 25 , 5 8 8 , 2 7 8 8, 7 9 7 , 9 0 0 10 , 9 2 6 , 9 0 0 8, 2 4 3 , 3 0 0 13 , 8 3 1 , 6 0 0 7, 4 3 8 , 8 0 0 Ot h e r F i n a n c i n g S o u r c e s ( U s e s ) Lo a n t o T i m b e r R i d g e ( T R A H C ) - ( 8 , 0 0 0 , 0 0 0 ) - - - - L o a n t o T i m b e r R i d g e A f f o r d a b l e H o u s i n g C o r p o r a t i o n t o r e - f i n a n c e d e b t Tr a n s f e r f r o m V a i l R e i n v e s t m e n t A u t h o r i t y 9, 0 3 5 , 5 7 4 1, 2 1 0 , 0 0 0 4, 6 4 0 , 0 0 0 35 0 , 0 0 0 2, 3 1 5 , 0 0 0 35 0 , 0 0 0 20 1 2 : L H P o r t a l i m p r o v e m e n t s $ 2 . 9 M , S u n d i a l p l a z a $ 8 5 0 K , $ 2 . 0 L i b r a r y r e m o d e l , C D O T - R e q u i r e d p a r k i n g $ 1 0 2 K i n L H , LH P k g m t c $ 3 6 5 K , L H W e l c o m e C e n t e r $ 1 . 1 M , G u e s t S v c s $ 7 1 0 K ; E n e r g y e n h a n c e m e n t s $ 9 5 3 K ; 2 0 1 3 : G u e s t S v c s $5 0 0 K , $ 2 0 0 K S i m b a R u n U n d e r p a s s f e a s i b il i t y s t u d y , L H P k g e n t r y $200K; LH Pkg mtc$310K; 2014: LH Parking structure en t r y $ 1 M , P a r k i n g e n t r y s y s t e m $ 3 0 0 K , F t g R d i m p r o v e m e n t s $ 3 M , L H P k g m t c $ 3 4 0 K ; 2 0 1 5 : m t c $ 3 5 0 K ; 2 0 1 6 : E a s t L H Ci r c l e p a t h w a y t o D o b s o n $ 8 9 0 K , D o b s o n P l a z a $ 1 . 1 M , L H P k g m t c $ 3 5 0 K ; 2 0 1 7 $ 3 5 0 K L H P k g m t c Tr a n s f e r f r o m G e n e r a l F u n d 50 , 0 0 0 - - - - - T r a n s f e r f r o m G F f r o m L i b r a r y g r a n t s f o r L i b r a r y re n o v a t i o n o f c o m m u n i t y r o o m Tr a n s f e r f r o m D i s p a t c h F u n d 10 , 0 0 0 - - - - - T r a n s f e r f r o m D i s p a t c h f o r R a d i o T o w e r p r o j e c t Re v e n u e O v e r ( U n d e r ) E x p e n d i t u r e s (6 , 7 9 4 , 6 0 9 ) (6 , 0 3 0 , 8 5 1 ) 3, 7 6 5 , 9 7 7 2, 4 4 5 , 8 0 7 (5 9 5 , 6 5 6 ) 3, 5 6 3 , 5 9 0 Be g i n n i n g F u n d B a l a n c e 18 , 4 4 8 , 7 3 9 1 1 , 6 5 4 , 1 3 0 5 , 6 2 3 , 2 7 9 9 , 3 8 9 , 2 5 6 1 1 , 8 3 5 , 0 6 4 1 1 , 2 3 9 , 4 0 8 En d i n g F u n d B a l a n c e 11 , 6 5 4 , 1 3 0 5, 6 2 3 , 2 7 9 9, 3 8 9 , 2 5 6 11 , 8 3 5 , 0 6 4 11 , 2 3 9 , 4 0 8 14 , 8 0 2 , 9 9 8 *P r o m i s s o r y n o t e d u e f r o m C h i l d r e n s ' G a r d e n o f Le a n i n g i n c l u d e d i n e n d i n g f u n d b a l a n c e - n o t sp e n d a b l e 5, 0 0 0 31 12/4/2012 Re v i s i o n s s i n c e 1 s t r e a d i n g A m e n d e d 20 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 Re v e n u e Re a l E s t a t e T r a n s f e r T a x 3 , 8 3 5 , 0 0 0 $ 4 , 6 7 1 , 0 0 0 $ 4 , 7 6 4 , 4 2 0 $ 4 , 8 5 9 , 7 0 8 $ 4 , 9 5 6 , 9 0 3 $ 5 , 0 5 6 , 0 4 1 $ Fl a t w i t h 2 0 1 2 f o r e c a s t e d ; B a s e s a l e s m a k e u p 7 5 % o f t o t a l p r o j e c t i o n f o r 2 0 1 3 Go l f C o u r s e L e a s e 1 2 6 , 8 8 8 1 2 9 , 4 2 6 1 3 2 , 0 1 4 1 3 4 , 6 5 5 1 3 7 , 3 4 8 1 4 0 , 0 9 5 An n u a l l e a s e p a y m e n t f r o m V a i l R e c r e a t i o n D i s t r i c t 2% a n n u a l i n c r e a s e - d e p o s i t e d t o " R e c r e a t i o n E n h a n c e m e n t Ac c o u n t " ( a c c o m p a n y i n g e x p e n d i t u r e l i s t e d b e l o w ) In t e r g o v e n m e n t a l R e v e n u e 2 0 , 0 0 0 2 0 , 0 0 0 2 0 , 0 0 0 2 0 , 0 0 0 2 0 , 0 0 0 2 0 , 0 0 0 $ 2 0 K L o t t e r y f u n d p r o c e e d s Pr o j e c t R e i m b u r s e m e n t s 1 , 1 6 5 , 0 0 0 - - - - - 2 0 1 2 V R D p o r t i o n f o r G o l f C o u r s e C l u b h o u s e c o n s t r u c t i o n Re c r e a t i o n A m e n i t y F e e s 1 0 , 0 0 0 1 0 , 0 0 0 1 0 , 0 0 0 1 0 , 0 0 0 1 0 , 0 0 0 1 0 , 0 0 0 Ea r n i n g s o n I n v e s t m e n t s a n d O t h e r 6 8 , 0 0 0 4 6 , 7 8 9 4 9 , 8 0 4 4 5 , 6 2 1 4 4 , 5 1 5 5 4 , 8 9 9 0 . 5 % o n a v a i l a b l e f u n d b a l a n c e To t a l R e v e n u e 5, 2 2 4 , 8 8 8 4 , 8 7 7 , 2 1 5 4 , 9 7 6 , 2 3 8 5 , 0 6 9 , 9 8 4 5 , 1 6 8 , 7 6 5 5 , 2 8 1 , 0 3 4 Ex p e n d i t u r e s Ma i n t a i n T o w n A s s e t s An n u a l P a r k a n d L a n d s c a p e M a i n t e n a n c e 1 , 3 5 0 , 1 4 0 1 , 3 7 3 , 8 5 4 1 , 4 1 0 , 8 8 4 1 , 4 4 8 , 3 9 5 1 , 4 8 3 , 0 0 1 1 , 5 2 3 , 1 8 8 O n g o i n g p a t h , p a r k a n d o p e n s p a c e m a i n t e n a n c e , p r o j e c t m g m t Ma n a g e m e n t F e e t o G e n e r a l F u n d ( 5 % ) 1 9 1 , 7 5 0 2 3 3 , 5 5 0 2 3 8 , 2 2 1 2 4 2 , 9 8 5 2 4 7 , 8 4 5 2 5 2 , 8 0 2 5 % o f R E T T C o l l e c t i o n s - f e e r e m i t t e d t o t h e G e n e r a l F u n d f o r a d m i n i s t r a t i o n Tr e e M a i n t e n a n c e 9 0 , 0 0 0 6 5 , 0 0 0 6 5 , 0 0 0 6 5 , 0 0 0 6 5 , 0 0 0 6 5 , 0 0 0 Re g u l a r m a i n t e n a n c e f o r t r e e h e a l t h w i t h i n t h e t o w n ( s p r ay i n g , r e m o v i n g , n e w t r e e s ) ; s c a l e s p r a y i n g o n t o w n - ow n e d p r o p e r t y a t a p p r o x . $ 1 2 0 p e r t r e e ; I n i t i a ti n g t r e e - p l a n t i n g p r o g r a m f o r l o s t t r e e s Fo r e s t H e a l t h M a n a g e m e n t 1 9 5 , 0 0 0 1 9 5 , 0 0 0 1 9 5 , 0 0 0 1 9 5 , 0 0 0 1 9 5 , 0 0 0 1 9 5 , 0 0 0 P i n e b e e t l e m i t i g a t i o n i n c o n j u n c t i o n w / f o r e s t s e r v i c e ; W i l d f i r e p r e v e n t i o n m e a s u r e s St r e e t F u r n i t u r e R e p l a c e m e n t 2 5 , 0 0 0 7 5 , 0 0 0 7 5 , 0 0 0 - 1 0 , 0 0 0 2 5 , 0 0 0 20 1 3 a n d 2 0 1 4 i n c r e a s e d r e q u e s t s f o r b i k e r a c k s a n d b e n c h e s t h r o u g h o u t t o w n ; a l s o i n c l u d e s a n n u a l re p l a c e m e n t o r c a p i t a l r e p a i r s Gl e n L y o n B r i d g e - - - 1 5 0 , 0 0 0 - - R e - d e c k i n g o f r e c r e a t i o n p a t h b r i d g e ; t o o l a r g e a p r o j e c t t o i n c l u d e i n a n n u a l r e c p a t h c a p t i a l m a i n t e n a n c e Al p i n e G a r d e n S u p p o r t 8 5 , 6 2 0 6 5 , 6 2 0 6 6 , 9 3 2 6 8 , 2 7 1 6 9 , 6 3 6 7 1 , 0 2 9 20 1 2 : C o u n c i l a p p r o v e d o n e - t i m e c a p i t a l o f $ 2 0 K f o r w a te r f e a t u r e a n d $ 6 5 K o f o p e r a t i n g ; 2 0 1 3 r e q u e s t i s $1 0 0 K , b u t a s s u m e f l a t u n t i l C o u n c i l r e v i e w ; 2 % i n c r e a s e i n l a t e r y e a r s Ea g l e R i v e r W a t e r s h e d S u p p o r t 6 2 , 0 0 0 6 2 , 0 0 0 6 2 , 0 0 0 6 2 , 0 0 0 6 2 , 0 0 0 6 2 , 0 0 0 20 1 2 i n c l u d e s o f f - c y c l e f u n d i n g o f $ 1 2 K f o r r e g i o n a l w a t e r q u a l i t y m o n i t o r i n g ; 2 0 1 3 r e q u e s t i s $ 9 7 K , b u t a s s u m e fl a t w i t h 2 0 1 2 a m e n d e d u n t i l C o u n c i l r e v i e w Pu b l i c A r t - O p e r a t i n g 9 2 , 6 5 7 9 4 , 0 0 5 9 5 , 8 8 5 9 7 , 8 0 3 9 9 , 7 5 9 1 0 1 , 7 5 4 A r t i n P u b l i c P l a c e s p r o g r a m m i n g En v i r o n m e n t a l S u s t a i n a b i l i t y 25 0 , 0 0 0 2 5 0 , 0 0 0 2 5 0 , 0 0 0 2 5 0 , 0 0 0 2 5 0 , 0 0 0 2 5 0 , 0 0 0 E n v i r o n m e n t a l S u s t a i n a b i l i t y p r o g r a m s To t a l M a i n t e n a n c e 2 , 3 4 2 , 1 6 7 2 , 4 1 4 , 0 2 9 2 , 4 5 8 , 9 2 3 2 , 5 7 9 , 4 5 4 2 , 4 8 2 , 2 4 1 2 , 5 4 5 , 7 7 3 En h a n c e m e n t o f T o w n A s s e t s Re c . P a t h C a p i t a l M a i n t 93 , 3 9 5 98 , 3 3 9 10 4 , 7 9 6 10 4 , 8 3 7 10 3 , 3 6 2 11 1 , 0 4 0 C a p i t a l m a i n t e n a n c e o f t h e t o w n ' s r e c r e a t i o n p a t h s y s t e m Pa r k / P l a y g r o u n d C a p i t a l M a i n t e n a n c e 85 , 0 0 0 89 , 0 0 0 90 , 5 0 0 87 , 5 0 0 82 , 0 0 0 87 , 5 0 0 Mi n i m a l i n c r e a s e s a c r o s s y e a r s ; A n n u a l m a i n t e n a n c e it e m s i n c l u d e p r o j e c t s s u c h a s p l a y g r o u n d s u r f a c e re f u r b i s h i n g , r e p l a c i n g b e a r - p r o o f t r a s h c a n s , p a i n t i n g / s t a i ni n g o f p l a y s t r u c t u r e s , p i c n i c s h e l t e r a d d i t i o n s / r e p a i r s , an d f e n c e m a i n t e n a n c e Fl o o d I n c i d e n t r e p a i r s 1, 0 5 0 , 0 0 0 - - - - - 2 0 1 2 r e p a i r s t o c u l v e r t s , d r a i n a g e , e t c St r e a m b a n k / t r a c t m i t i g a t i o n 20 0 , 0 0 0 75 0 , 0 0 0 75 0 , 0 0 0 - - 20 1 2 p l a n n i n g ; 2 0 1 3 i m p l e m e n t a t i o n * * e s t i m a t e o n l y * * ; W a i t i n g fo r w a t e r d i s t r i c t s t u d y ; P e r C o u n c i l 8 / 2 1 / 1 2 , s p l i t th i s p r o j e c t b e t w e e n 2 0 1 3 a n d 2 0 1 4 a n d s u p p l e m e n t i n 2 0 1 3 i f t h e t i m i n g c h a n g e s Sk a t e P a r k - t e m p o r a r y - - 2 6 0 , 0 0 0 - - - Re p l a c e m e n t o f t e m p o r a r y s k a t e p a r k ; a p e r m a n e n t s i t e ha s n o t b e e n i d e n t i f i e d . E s t i m a t e d c o s t o f a p e r m a n e n t si t e i s f r o m $ 5 0 0 K - $ 1 . 0 M ; P e r C o u n c i l 8 / 2 1 / 1 2 , m o v e b u d g e t f o r t e m p . t o 2 0 1 4 , w i t h i n t e n t o f s e l e c t i n g a pe r m a n e n t s i t e i n t h e n e x t t w o y e a r s . Tr a i l h e a d D e v e l o p m e n t / I m p r o v e m e n t 50 , 0 0 0 - - - - Im p r o v e tr a i l h e a d s ; C o n t i n u e d n e e d t h r o u g h 2 0 1 2 ( o n e t r a i l p e r y e a r ) AD A C o m p l i a n c e w / V R D 10 , 0 0 0 - - - - - N e w A D A r e g u l a t i o n s w e n t i n t o ef f e c t 2 0 1 1 ; N e e d t o r e p l a c e d r i n k i n g f o u n t a i n s a t a l l p a r k s ( $ 2 K e a c h ) Bi k e L a n e s : E a s t V a i l 1, 1 5 0 , 0 0 0 - - - - - 4 m i l e s o f b i k e l a n e s ( 6 f o o t s h o u l d e r s ) t o b e a d d e d p r i o r to C D O T o v e r l a y p r o j e c t ; f i r s t p r i o r i t y i s B l u e C o w C h u t e to E a s t V a i l ; p a t h f r o m V a i l M t n S c h o o l t o E . V a i l e x i t Bi k e L a n e s : N . F t g R d - - - 1 , 5 0 0 , 0 0 0 - - B i k e l a n e s h o u l d e r f r o m R e d S a n d s t o n e s c h o o l t o B u f f e h r C r e e k Bi k e L a n e s : S . F t g R d - 6 0 0 , 0 0 0 50 0 , 0 0 0 - - - Bi k e l a n e s h o u l d e r s : I n 2 0 1 3 f r o m W e s t V a i l r o u n d a b o u t t o M a t t e r h o r n ; 2 0 1 4 f r o m M a t t e r h o r n t o C a s c a d e t o b e do n e i n c o n j u c t i o n w i t h C a s c a d e C D O T p a r k i n g p r o j e c t Re d S a n d s t o n e P a r k - P e r S a f e t y p l a n 19 7 , 6 3 0 - - - - - R e c o n s t r u c t i o n o f p l a y g r o u n d p e r s a f e t y p l a n Fo r d P a r k S a f e t y I m p r o v e m e n t s - - - 3 0 4 , 0 0 0 - - F o r d P a r k p l a y g r o u n d b u i l t i n 2 0 0 0 ; i m p r o v e m e n t s s c h e d u l e d f o r 2 0 1 5 Fo r d P a r k P o r t a l I m p r o v e m e n t s - 1 0 0 , 0 0 0 90 0 , 0 0 0 - - - TO V p o r t i o n o f i m p r o v e m e n t s t o s i x p o r t a l s i n t o F o r d P a r k ; M a t c h i n g c o n t r i b u t i o n f r o m V a i l V a l l e y F o u n d a t i o n ; 20 1 3 f o r d e s i g n Bo o t h C r e e k P l a y g r o u n d - - 3 8 5 , 2 5 0 - - - P r e v i o u s l y i n 2 0 1 2 ; d e f e r r e d t o 2 0 1 4 Bo o t h C r e e k P a r k r e d e v e l o p m e n t - - - - 1 , 3 4 0 , 0 0 0 P r e v i o u s l y i n 2 0 1 2 ; d e f e r r e d t o 2 0 1 7 Do n o v a n P a r k - - - 3 0 4 , 0 0 0 - - 2 0 1 5 s a f e t y i m p r o v e m e n t s t o p l a y g r o u n d / p a r k Pu b l i c A r t - G e n e r a l p r o g r a m / a r t 33 5 , 8 7 8 80 , 0 0 0 80 , 0 0 0 85 , 0 0 0 85 , 0 0 0 85 , 0 0 0 To p u r c h a s e s c u l p t u r e s , a r t w o r k , a r t pr o g r a m s a n d e v e n t s ; r e m a i n d e r i s r e - appropriated each year to accumulate en o u g h f u n d s Pu b l i c A r t - W i n t e r f e s t 33 , 4 9 4 - - - - - A n n u a l W i n t e r f e s t e v e n t ; a p p r o x i m a t e c o s t o f $ 2 5 K p e r y e a r ; r e l y o n d o n a t i o n s To t a l E n h a n c e m e n t s 3, 2 0 5 , 3 9 7 1, 7 1 7 , 3 3 9 3, 0 7 0 , 5 4 6 2, 3 8 5 , 3 3 7 27 0 , 3 6 2 1, 6 2 3 , 5 4 0 TO W N O F V A I L 2 0 1 3 P R O P O S E D B U D G E T SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S , A N D C H A N G E S I N F U N D B A L A N C E RE A L E S T A T E T R A N S F E R T A X 32 12/4/2012 Re v i s i o n s s i n c e 1 s t r e a d i n g A m e n d e d 20 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 TO W N O F V A I L 2 0 1 3 P R O P O S E D B U D G E T SU M M A R Y O F R E V E N U E , E X P E N D I T U R E S , A N D C H A N G E S I N F U N D B A L A N C E RE A L E S T A T E T R A N S F E R T A X VR D - M a n a g e d F a c i l i t y P r o j e c t s Re c r e a t i o n E n h a n c e m e n t A c c o u n t - 1 2 9 , 4 2 6 1 3 2 , 0 1 4 1 3 4 , 6 5 5 1 3 7 , 3 4 8 1 4 0 , 0 9 5 Tr a n s f e r r e d 2 0 1 2 b a l a n c e t o G o l f C o u r s e C l u b h o u s e r e d e v e l op m e n t a s i n t e n d e d b y t h i s r e s e r v e a c c o u n t - fu n d e d b y a n n u a l l e a s e r e v e n u e Go l f C o u r s e - O t h e r 1 5 1 , 6 3 5 4 , 4 8 9 1 0 8 , 9 6 7 4 , 2 7 6 9 7 , 4 9 8 - 20 1 2 : r e p l a c e m e n t o f m a i n t e n a n c e s t o r a g e b u i l d i n g ; I m p r o v e m e n t s t o g o l f c o u r s e : 7 t h t e e b o x r e t a i n i n g w a l l , 1 1 t h an d 1 7 t h h o l e b r i d g e s ; i m p r o v e m e n t s t o m a i n t e n a n c e b u i l d i n g i n c l u d i n g s t u c c o , w o o d t r i m a n d s o f f i t s ; M t c e St o r a g e b u i l d i n g Do b s o n I c e A r e n a 41 6 , 7 7 4 3, 4 8 0 14 , 4 7 5 10 5 , 7 2 1 13 , 1 6 6 - 20 1 2 : u p g r a d e o f l o u v e r s y s t e m , r e p l a c e m e n t o f d o o r s , r e f u r b i s h m e n t o f w o o d e x t e r i o r a n d l a n d s c a p e im p r o v e m e n t s ; r e n o v a t e c h a n g i n g r o o m s a n d r e s t r o o m s Fo r d P a r k / T e n n i s C e n t e r I m p r o v e m e n t s 42 8 , 9 1 0 2, 7 6 8 12 , 2 7 0 69 , 0 0 6 9, 7 8 5 - U p p e r b e n c h i m p r o v e m e n t s ; o u t b u i l d i n g i m p r o v e m e n t s a t b a l l f i e l d s At h l e t i c F i e l d s - 2, 8 4 8 15 , 6 0 4 3, 7 6 4 18 , 2 5 4 - 2 0 1 4 a n d 2 0 1 6 : a s p h a l t o v e r l a y o f p a r k i n g l o t Gy m n a s t i c s C e n t e r 1, 9 7 8 - - - - - Na t u r e C e n t e r 10 , 6 4 6 - - 8, 9 7 1 63 , 3 3 0 - 2 0 1 2 w o o d o p e n r a i l f e n c i n g To t a l V R D - M a n a g e d F a c i l i t y P r o j e c t s 1, 0 0 9 , 9 4 3 14 3 , 0 1 0 28 3 , 3 3 0 32 6 , 3 9 3 33 9 , 3 8 0 14 0 , 0 9 5 Ne w A s s e t s Go l f C o u r s e C l u b h o u s e ( C C F ) 6, 7 1 2 , 7 6 1 - - - - - Re - a p p r o p r i a t i o n o f p r i o r e s t i m a t e f o r d e s i g n a n d a r c h i t ec t u r e ; p l u s t r a n s f e r o f $ 1 . 2 6 M f r o m p r i o r c l u b h o u s e ca p i t a l m a i n t e n a n c e b u d g e t ; $ 1 . 1 5 M r e i m b u r s e m e n t f r o m V R D , a l l o c a t i o n o f R e c r e a t i o n E n h a n c e m e n t F u n d s $5 0 4 K a n d C o n f e r e n c e C e n t e r f u n d s o f $ 3 . 8 M (T o t a l p r o j e c t c o s t e s t i m a t e d a t $ 6 . 8 M ) **Does not include any ad d i t i o n a l e x p e n s e s s u c h a s l e g a l f e e s , b a f f l e s o r f e n c i n g * * Fo r d P a r k F i e l d s ( C C F ) 6, 2 9 7 , 3 4 0 - 2 , 7 0 0 , 0 0 0 - - - Ad d e d t r a n s f e r o f $ 3 4 2 . 6 K f r o m F o r d P a r k / T e n n i s , t r a n s fe r o f $ 2 0 0 K f r o m F o r d P a r k I m p r o v e m e n t s b u d g e t a n d a tr a n s f e r o f $ 2 , 2 5 6 , 1 8 5 f r o m F o r d P a r k M a n a g e m e n t P l a n b u d g e t. C o n s o l i d a t i n g d o l l a r s a l r e a d y i n p r e v i o u s bu d g e t s a n d a d d i n g u s e o f $ 3 . 5 M i n C o n f e r e n c e C e n t e r F u n d s f o r t o t a l p r o j e c t e s t i m a t e d c o s t o f $ 6 . 3 M ; 2 0 1 4 re p r e s e n t s c o n t i n u a t i o n o f p r o j e c t b a s e d o n A u g u s t p r e s e n t a t i o n t o C o u n c i l . Pu b l i c R e s t r o o m s 37 0 , 0 0 0 - - - - - R e s t r o o m s a t l o w e r b e n c h o f F o r d P a r k To t a l N e w A ss e t s : 13 , 3 8 0 , 1 0 1 - - - - - To t a l E x p e n d i t u r e s 19 , 9 3 7 , 6 0 8 4, 2 7 4 , 3 7 8 5, 8 1 2 , 7 9 9 5, 2 9 1 , 1 8 5 3, 0 9 1 , 9 8 4 4, 3 0 9 , 4 0 8 Ot h e r F i n a n c i n g S o u r c e s ( U s e s ) Tr a n s f e r f r o m C o n f C e n t e r F u n d 6, 7 8 5 , 0 0 0 - - - - - Tr a n s f e r f r o m C o n f C e n t e r F u n d s f o r G o l f C l u b h o u s e ( $ 3 . 8 M ) a n d F o r d P a r k F i e l d p r o j e c t s ( $ 3 . 5 M ) , n e t o f $ 5 1 5 K tr a n s f e r r e d i n 2 0 1 1 f o r p l a n n i n g / d e s i g n Re v e n u e O v e r ( U n d e r ) E x p e n d i t u r e s (7 , 9 2 7 , 7 2 0 ) 60 2 , 8 3 7 (8 3 6 , 5 6 1 ) (2 2 1 , 2 0 1 ) 2, 0 7 6 , 7 8 1 97 1 , 6 2 6 Be g i n n i n g F u n d B a l a n c e 17 , 2 8 5 , 6 0 5 9 , 3 5 7 , 8 8 5 9 , 9 6 0 , 7 2 3 9 , 1 2 4 , 1 6 2 8 , 9 0 2 , 9 6 1 1 0 , 9 7 9 , 7 4 2 En d i n g F u n d B a l a n c e 9, 3 5 7 , 8 8 5 $ 9, 9 6 0 , 7 2 3 $ 9, 1 2 4 , 1 6 2 $ 8, 9 0 2 , 9 6 1 $ 10 , 9 7 9 , 7 4 2 $ 11 , 9 5 1 , 3 6 9 $ 33 12/4/2012 2011 2012 2013 ActualBudgetProposed Revenue Business Licenses 332,104$ 332,000$ 332,000$ Earnings on Investments 1,874 3,000 2,000 Total Revenue 333,978 335,000 334,000 Expenditures Commission on Special Events / Grants 299,001 300,000 300,000 Collection Fee - General Fund 16,605 17,100 17,100 Total Expenditures 315,606 317,100 317,100 Revenue Over (Under) Expenditures 18,372 17,900 16,900 Beginning Fund Balance 138,171 156,543 174,443 Ending Fund Balance 156,543$ 174,443$ 191,343$ 2011 2012 2013 ActualBudgetProposed Revenue Transfer from Capital Projects Fund 2,279,574$ 2,088,346$ -$ Earnings on Investments and Other 12,973 - - Total Revenue 2,292,547 2,088,346 - Expenditures Principal 2,281,181 2,195,000 - Interest Expense - 82,275 - Fiscal Agent Fees - 4,000 - Total Expenditures 2,281,181 2,281,275 - Revenue Over (Under) Expenditures 11,366 (192,929) - Beginning Fund Balance 194,282 205,648 12,719 Ending Fund Balance 205,648$ 12,719$ 12,719$ VAIL MARKETING FUND TOWN OF VAIL 2013 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE DEBT SERVICE FUND 34 12/4/2012 20112012 2012 2013 ActualBudgetAmendedProposed Comments Revenue Town of Vail Interagency Charge 2,814,399$ 2,892,362$ 2,892,362$ 2,934,780$ Charges back to departments Insurance Reimbursements & Other 71,400 - - - Earnings on Investments 14,165 10,324 10,324 16,084 Equipment Sales and Trade-ins 106,494 65,500 65,500 111,920 Total Revenue 3,006,458 2,968,186 2,968,186 3,062,784 Expenditures Salaries & Benefits 955,023 996,016 996,016 1,016,396 No changes in staffing levels Operating, Maintenance & Contracts 1,423,681 1,412,095 1,412,095 1,434,948 Capital Outlay 609,946 389,144 719,144 648,700 Replacement vehicles per schedule Total Expenditures 2,988,650 2,797,255 3,127,255 3,100,044 Revenue Over (Under) Expenditures 17,808 170,931 (159,069) (37,260) Beginning Fund Balance 2,252,405 1,869,383 2,270,213 2,111,144 Ending Fund Balance 2,270,213$ 2,040,314$ 2,111,144$ 2,073,884$ 20112012 2012 2013 ActualBudgetAmendedProposed Revenue E911 Board Revenue 743,656$ 742,256$ 742,256$ 801,603$ Interagency Charges 1,214,926 1,177,061 1,177,061 1,127,338 Town of Vail Interagency Charge 537,827 575,706 575,706 569,193 Earnings on Investments 9,891 7,500 7,500 10,000 Other 4,475 - - - Total Revenue 2,510,775 2,502,523 2,502,523 2,508,134 Expenditures Salaries & Benefits 1,705,469 1,881,204 1,881,204 1,947,887 Operating, Maintenance & Contracts 435,038 514,001 514,001 546,388 Capital Outlay 736,841 50,000 433,159 20,000 Total Expenditures 2,877,348 2,445,205 2,828,364 2,494,275 Revenue Over (Under) Expenditures(366,573) 57,318 (325,841) 13,859 Transfer to Capital Projects Fund - - 10,000 - Beginning Fund Balance - 797,510 797,510 461,669 Ending Fund Balance (366,573)$ 854,828$ 461,669$ 475,528$ TOWN OF VAIL 2013 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND DISPATCH SERVICES FUND 35 12/4/2012 2011201220122013 ActualBudgetAmendedProposedComments Revenue Earnings on Investments 65,787 46,800 46,800 1,200 Total Revenue 65,787 46,800 46,800 1,200 Expenditures - General Government Ford Amphitheater Project - - 2,100,000 - TOV share of project; reimbursement to Vail Valley Foundation Total Expenditures - - 2,100,000 - Other Financing Sources (Uses) Transfer to Capital Projects Fund 515,000 6,785,000 6,785,000 - Revenue Over (Under) Expenditures (449,213) (6,738,200) (8,838,200) 1,200 Beginning Fund Balance 9,365,004 8,915,791 8,915,791 77,591 Ending Fund Balance 8,915,791$ 2,177,591$ 77,591$ 78,791$ 201120122013 ActualBudgetProposed Revenue Town of Vail Interagency Charge - Premiums2,596,027$ 2,725,000$ 2,903,000$ Employee Contributions 401,570 485,000 440,000 Insurer Proceeds 592,802 500,000 550,000 Earnings on Investments 7,532 10,000 10,000 Total Revenue 3,597,931 3,720,000 3,903,000 Expenditures Health Inusrance Premiums 346,738 430,000 480,000 Claims Paid 3,360,952 3,380,000 3,500,000 Short-term Disability Pay 14,975 25,000 20,000 Professional Fees 20,000 20,000 20,000 Total Expenditures 3,742,665 3,855,000 4,020,000 Revenue Over (Under) Expenditures (144,734) (135,000) (117,000) Beginning Fund Balance 1,099,118 954,384 819,384 Ending Fund Balance 954,384$ 819,384$ 702,384$ TOWN OF VAIL 2013 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND HEALTH INSURANCE FUND 36 12/4/2012 Ordinance No. 16, Series of 2012 ORDINANCE NO. 16 SERIES OF 2012 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2013 THROUGH DECEMBER 31, 2013 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2013 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2013, and ending on the 31st day of December, 2013: FUND AMOUNT General Fund $39,194,292 Capital Projects Fund 16,797,900 Real Estate Transfer Tax Fund 4,274,378 Vail Marketing Fund 317,100 Heavy Equipment Fund 3,100,044 Dispatch Services Fund 2,494,275 Health Insurance Fund 4,020,000 Total 70,197,989 Less Interfund Transfers (6,748,441) Net Expenditure Budget 63,449,548 12/4/2012 Ordinance No. 16, Series of 2012 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2013 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 6th day of November, 2012. A public hearing shall be held hereon on the 4th day of December, 2012, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Andrew P. Daly, Mayor ATTEST: __________________________ Lorelei Donaldson, Town Clerk 12/4/2012 Ordinance No. 16, Series of 2012 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of December 2012. _____________________________ Andrew P. Daly, Mayor ATTEST: ________________________________ Lorelei Donaldson, Town Clerk 12/4/2012 1 APPLICATION FOR TOWN OF VAIL FUNDING 1. Name of organization: Bravo! Vail Valley Music Festival 2. Contact person: Amy C. Phillips 3. Mailing address: 2271 N. Frontage Road West, Suite C, Vail, CO 81657 4. Telephone: 970-827-5700 5. E-mail address: aphillips@vailmusic.org 6. Members and Titles of your governing board: Board of Trustee Officers Argie Tang, Chairman Vail and New York, NY, resident Cathy Stone, Vice Chairman Vail and Santa Monica, resident Vail Jazz Foundation Dan Godec, Treasurer Edwards resident and banking consultant Vicki Logan, Secretary Vail and Scottsdale resident Alan Kosloff, Past Chairman Vail, Kansas City and Phoenix, resident Board of Trustees Executive Committee Timothy Dalton Beaver Creek and New York, NY, resident Craig Foley Cordillera and New York, NY, resident Linda Hart Beaver Creek and Dallas, resident Laura Marx Vail and Denver, resident Russell Molina Edwards resident and business owner Terie Roubos Singletree and Phoenix, resident Carole E. Segal Cordillera and Washington, D.C., resident Rachel Smiley Eagle, resident and business owner Betsy Weigers Vail and New York, NY, resident Board of Trustees Members Ronnie Baker Singletree and Leewood, KS, resident Jan Broman Singletree and Salina, KS, resident Jenn Bruno Vail resident & business owner Bill Burns Regional US Bank Executive Jan Coulson Cordillera and Shawnee Mission, KS, resident Marijke de Vink Avon and Hobe Sound, FL, resident Cookie Flaum Vail and Ponte Vedre Beach, FL, resident Ceil Folz Vail Valley Foundation, President Chris Jarnot Vail Resorts Executive 12/4/2012 2 Rob LeVine Vail Hotelier and Vail Symposium Chairman Tony Mayer Vail and Greenwich Ct., resident Shirley McIntyre Vail and Dallas resident, DSO Friends Chair Matt Morgan Vail Restaurateur - Sweet Basil Michele Resnick Arrowhead and Denver, resident Susan Rogel Avon and Scottsdale, AZ, resident Margaret Rogers Vail, resident and Town Councilor Byron Rose Vail, resident Susan Suggs Arrowhead, resident Frank Straus Volunteer Guild Chairman Steve Virostek Vail and Bethesda, MD., resident & businessman Betsey Weigers Vail and New York, NY resident 7. Amount of contribution requested: Expansion of existing programming New York Philharmonic $ 85,000.00 The Philadelphia Orchestra $ 85,000.00 Music Matters Education & Outreach $ 7,500.00 Total $177,500.00 Additional Funding Request Musical Encounter series at Donovan Pavilion $ 10,000.00 Music on the Move Expansion $ 15,000.00 2013 Special Orchestra Performance (TBA) $ 25,000.00 Total $ 50,000.00 Grand Total $227,500.00 In-Kind Services Discounted Parking Passes for $7.00/performance Donovan Pavilion for three (3) days and nights from 10:00am on day one on a 24 hour basis until 10:00am 3 days later for the Musical Encounter series at a reduced fee of $ 250.00 per day for cleaning, with access for rehearsals from 10:00am daily. 8. Organization fiscal year-end: September 30, 2013 9. Are your books audited? Yes. A financial review is conducted at the end of each fiscal year by Stephanie Novosad, CPA of Novosad, Lyle and Associates. A Sarbanes-Oxley review is performed by Jerry McMahan of McMahan and Associates. An Independent Audit Committee established by the Board of Trustees oversees annual budgets and income and expense statements and meets independent of management with auditor. 10. How will the contribution be used? 12/4/2012 3 The national and international classic music community recognizes the Town of Vail as the summer residence of three of the top rated American Orchestras. The Town of Vail funding is vital to Bravo’s ability to continue and build upon that legacy. In 2013, from June 25th through August 4th, the Town of Vail funding will be used to present artists and orchestral ensembles performing a wide variety of the highest level of music. The Festival is proud to host the Dallas Symphony Orchestra (DSO), The Philadelphia Orchestra (TPO), and the New York Philharmonic (NYP). $170,000.00 is requested for Orchestra Artistic Fees. o The contract with these orchestras requires the Festival to commit to an increase of 2% every year for the multi-year period of the agreement. The TOV contribution represents 8% of the Orchestra Fees and 7% of the total concert expenses for the 19 orchestral concerts at the Gerald R. Ford Amphitheater Bravo audiences in Vail are usually 33% guests, 33% part-time residents and 33% full-time residents. Almost 70% of the guests and part-time residents are from out of state. More than half of them indicate that Bravo! is a significant factor in their decision to visit Vail either as a guest or as a part-time resident. $7,500.00 will be used to present activities in the Town of Vail that fall under the Education and Community Outreach program Music Matters. o The Town of Vail contribution is used in conjunction with more than $217,000 in additional private and community contributions to introduce guests and residents to music. Community Concerts are a series of free public concerts including the annual Patriotic Concert and the Free Family Concert with the National Repertory Orchestra. Held at the Ford Amphitheater in Vail. They reach a total audience of 6,000 to 8,000. Free & Easy concerts feature the Festival's Young Professionals-in- Residence for a series of casual and approachable hour-long, free concerts in relaxed settings providing introductory orchestral performances. Vail will be home to one or two of these performances enjoyed by 80 – 130 adults and children each. Little Listeners @ the Library is a series of performances in libraries throughout the region. Bravo looks forward to returning to the Vail Library in 2013. Each performance engages 20 to 30 children ages 3 through 7 and the young-at-heart who enjoy informative musical performances in an atmosphere of learning. Behind the Music is a series of educational talks featuring speakers who provide an in-depth perspective on a variety of topics including the evening’s composers and repertoire. The majority of them will be held in Vail at Ford Amphitheater, Vail Mountain School, the Lionshead Reception Center and hopefully at the newly renovated Vail Library in 2013. They are enjoyed by 100 – 150 people each year. 12/4/2012 4 The Instrument Petting Zoo will appear at no less than 3 events in Vail. Each year, more thank 1,500 children are introduced to woodwinds, percussion, brass and string instruments. After school piano lessons are held during the school year at Red Sandstone Elementary. These lessons are low cost and funding subsidies are available with 25-30 children participating in the Vail program. Musical Encounters at Donovan Pavilion is an opportunity for the Town of Vail to provide funding to the Festival that will be used to expand programming, attracting a broader and growing demographic audience. This series will be designed to bring additional economic vitality to Vail after the three Orchestras complete their summer residencies. A commitment of $10,000.00 from the Town of Vail would guarantee that the series is continued in 2013 in its current location, providing another reason for Bravo guests to extend their stay in Vail after closing night of the New York Philharmonic. Music on the Move expanded and enhanced schedule for 2013. Bravo is requesting $15,000.00 to improve this already successful program of free vocal and chamber concerts in casual settings in the Town of Vail. o This funding will be used for a completely new performance, in collaboration with the Vail Jazz Festival, using an upgraded set-up at Arrabelle on Thursday afternoons. o This performance should draw 200 listeners to enjoy artists from a variety of musical genre. o The timing of the performance provides an additional reason for visitors and residents from throughout Eagle County to come to Lionshead to enjoy lunch and a concert, ride the gondola and to introduce Bravo! to a new audience through an approachable performance in an enhanced venue. o Currently Bravo! concert attendees stay an average of 4.8 nights, this type of additional programming is designed to expand the weekend visitor from one or two nights to three or four nights. o Bravo! has gained fans every year for 25 years by continually expanding the programming to reach a broader audience who come back to Vail year after year . Special Artistic Programs for 2013. Each Season the Bravo Artistic Director collaborates with the Artistic Directors of each of the Orchestras to present creative and unique Special Programs. o In 2012 Curtis Stigers, Jazz Vocalist, Broadway Divas, Joshua Bell and the Cirque de la Symphonie programs have been made possible by additional contributions. o For 2013 Anne-Marie McDermott is programming a performance of Verdi's monumental “Requiem” in its Vail debut. The work calls for an expanded orchestra, chorus and four soloists and is an entire program, 84 minutes long. It is a monumental work full of drama and in an operatic style with brass choirs - it is truly spectacular. The Festival 12/4/2012 5 requests the Town of Vail to underwrite $25,000 for this performance. The total additional production and artists fees including housing and travel will be a minimum of $66,000 for the additional musicians, chorus and four soloists. o There may be other options that come to fruition this summer during the annual collaborative meetings between the Artistic and Orchestral team. 11. How does your request support item 1C of the contribution policy? Bravo contributes substantially to the artistic, social and financial health of the entire Vail community. In 2011 the seven-week festival saw nearly 60,000 guests, and 715 orchestra members, many with additional people in their party. 41% of the Festival attendees stated that Bravo was the primary reason for their visit, 30% of the attendees live in the area full time. The 64 public events and performances in the Town of Vail provide a cultural dimension to the summer season that encourages part-time residents to spend more time in the region and gives them many reasons to spend the day and evening in the Town of Vail. Bravo offers a Season Lawn Pass to local residents at deeply discounted rates; Season Lawn Passes are available for only $135, teachers may purchase a Lawn Pass for $99, while cost for a student is only $49. This pass allows the individual access to all 18 orchestral concerts at the Gerald R. Ford Amphitheater; the actual value of these passes is approximately $400. This programming attracts summer visitors in larger numbers for longer stays thereby contributing to the cultural and economic well being of the Town of Vail. The Philadelphia Orchestra returns for its seventh season in Vail under the guidance of its new Music Director, the sensational Yannick Nézet-Séguin. The Dallas Symphony Orchestra, a central player in the Festival's Fourth of July and other popular concerts, returns for its 13th season with the renowned Dutch Maestro Jaap van Zweden, its music director, who is making headlines worldwide and at home. According to the BBC Research & Consulting 2011 survey the attendee satisfaction rate is over 8.1 (out of 10) with more than 8.5 likely to return and 8.4 to recommend the Festival to their friends. 57% of visitors chose to stay at lodging properties in the Town of Vail. o Artists lodging and personal purchases in the Town of Vail in 2011 Festival Lodging $898,731 Personal Lodging $326,861 Personal Dining $326,891 Personal Spa Expenses $ 24,422 Personal Retail Shopping $ 88,153 12/4/2012 6 Personal Activities $ 67,055 o Total Audience spending in the Town of Vail in 2011 Lodging ` $1,172,797 Food and Beverage $3,413,284 Retail Shopping $1,314,494 Activities (including Spa) $ 522,204 o Total Town of Vail spending reported in 2011 on the day(s) that people traveled to the Town of Vail primarily to attend a Bravo Event (lodging only if they stayed in Vail primarily to attend Bravo) Lodging ` $2,398,389 Food and Beverage $3,740,145 Retail Shopping $1,402,647 Activities (including Spa) $ 613,681 Total Town of Vail Spending $8,154,862 Classical music is performed using the power of acoustic instruments at its core providing an environmentally sensitive basis for the Festival. The Bravo Festival is committed to operating with a minimal environmental impact. Additionally, Festival concerts are held primarily out of doors during daylight hours, with very little requirement for HVAC or lighting. Concert-goers are encouraged to carpool and use public transportation. o All Festival collateral including ticket brochures, pocket calendars, primers, posters and program books will be printed on recycled paper. o The Program Book is treasured and saved by many of our patrons. It is designed to be used for the entire season. Copies left behind at each performance are gathered, saved and redistributed at future performances, thereby minimizing waste. o Recent database improvements, combined with our audience embracing electronic communication, assists Bravo to further streamline the methods of delivery to reduce paper waste. o All patrons, subscribers and ticket buyers are encouraged to use the website to reduce the demand for printed materials. Confirmations for ticket orders are distributed by email. o The Bravo office recycles paper, plastic, aluminum and cardboard. The Bravo office space is outfitted with energy efficient appliances and light bulbs whenever possible and many of the fixtures in the office were constructed from recycled materials. The Bravo Festival impacts Vail’s sense of community in many ways. o More than 75 local residents serve on the Board of Trustees and Advisory Council, serving as ambassadors within the community, around the nation and worldwide. o The Festival recruits younger Board members from the Vail business community, training them in Board governance and encouraging them to have an active voice in the continuation of the Festival’s success. o Music transcends politics, religion, race, age, and level of education, creating experiences to be shared by all equally. o Bravo has a year-round professional staff at its offices in West Vail. 12/4/2012 7 o Several staff members are young adults, born and raised in the Vail area, who have now returned after college to work for Bravo. They live in Vail and are poised to be future leaders in the Vail community. Bravo has an outstanding Intern program for Graduating and Graduate level students from University’s throughout the country. Bravo interns have become permanent members of the Vail community. The status as number one “Favorite” event in the recent Town of Vail community survey is an accomplishment Bravo is proud of and thankful to the community for their steadfast support for the past 25 years. Being home to one of the nation’s most respected classical music festival’s is beneficial to Vail in its quest to be North America’s premier mountain resort community, by providing citizens and guests with a superior level of world class musical opportunities for seven weeks each summer. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? The Bravo! Festival receives funding support from private, corporate and family foundations; federal (NEA), state(CTO and CCI) and local government (Towns of Gypsum and Eagle, Eagle County, Eagle Ranch and Cordillera); corporate enterprises; individual patrons; as well as from membership fees from the local community volunteer Guild. Earned income is generated through ticket sales, program advertising and souvenir sales. 13. Organization's mission statement: The Festival’s Mission is “Enriching people’s lives through the power of music: producing the finest performances by the greatest artists, fostering music education and promoting a life-long appreciation of the arts.” 12/4/2012 8 APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet Most Recent Completed Fiscal Year (September 30, 2011) Current Assets Cash and cash equivalents $ 696,859 Investments at market value 33,794 Accounts receivables, net 137,883 Inventory 1,060 Prepaid expenses 16,876 Total Current Assets $ 886,472 Non-Current Assets: Restricted Cash $ 639,179 Total Non-Current Assets $ 639,179 Fixed Assets Leasehold Improvements $ 66,083 Less: accumulated amortization (27,407) Furniture, fixtures and equipment 276,757 Less: accumulated amortization (230,788) Total Net Fixed Assets $ 84,645 Other Assets Festival piano, works of art $ 58,000 Total Other Assets $ 58,000 Total Assets $1,668,296 Liabilities Current Liabilities Accounts payable/accrued liabilities $ 62,818 Total Current Liabilities $ 62,818 Non-Current Liabilities Deferred compensation obligations $ 639,179 Total Non-Current Liabilities $ 639,179 Total Liabilities $ 701,997 Net Worth $ 966,299 (Total Assets Minus Total Liabilities) APPLICATION FOR TOWN OF VAIL FUNDING Statement of Sources and Uses 12/4/2012 9 Instructions: Round all figures to the nearest dollar. Please present as much detail as possible. Current Fiscal Year Budget - 2012 Revenues: Event Income $1,536,000 Festival Contributions $2,768,000 Grant & Govt. Revenue $ 317,000 Program Advertising $ 165,000 Interest Income $ 4,000 Total Earned/Unearned Income $4,790,000 Expenses: Orchestra/Artist Fees/Travel/Housing $2,574,150 Special Artistic $ 182,625 Marketing $ 466,000 Administrative $ 270,275 Salary/Taxes/Benefits $1,296,950 Total Expenses $4,790,000 Total Revenues minus Expenses $0 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 THE VAIL JAZZ FOUNDATION APPLICATION FOR TOWN OF VAIL FUNDING 2013 Submitted on June 29, 2012 Robin Litt, Executive Director 953 S. Frontage Road West, Suite 204 P.O. Box 3035 Vail, Colorado 81658 970-479-6146 Fax 970-477-0866 www.vailjazz.org vjf@vailjazz.org 12/4/2012 The Vail Jazz Foundation 2 APPLICATION FOR TOWN OF VAIL FUNDING 1. Name of organization: The Vail Jazz Foundation 2. Contact person: Robin Litt 3. Mailing address: P.O. Box 3035 Vail, CO 81658 4. Telephone: 970-479-6146 5. E-mail address: vjf@vailjazz.org 6. Members and Titles of your governing board: Board of Directors: Howard L. Stone, Chairman, John Clayton, Jr. Director of Education, Marci A. Colby, John Dawsey, Kerry Donovan, Allan Finney, Robert E. Ford, John W. Giovando, Maureen Mayer, Larry S. Stewart, Leslie W. Stern, Catherine A. Stone, William W. Verity Advisory Board: Allie R. Coppeak, Andrea L. Glass, Dr. Willie Hill, Jr., Chuck Holcomb, Mike Peak, William Pierce, Gary J.E. Thornton 7. Amount of contribution requested: $85,000 8. Organization fiscal year-end: October 31 9. Are your books audited? No 10. How will the contribution be used? The Vail Jazz Foundation, Inc. respectfully requests this grant to fund the 19th Annual Vail Jazz Festival which will be presented in Vail over a 12-week period during the summer of 2013 and will include 40 separate performances, with over half of the performances admission-free. The Vail Jazz Foundation, Inc. (VJF) is a 501(c)(3) Colorado nonprofit corporation headquartered in Vail which strives to perpetuate jazz through live performances and jazz education, with a focus on the development of young musicians and young audiences. Currently in its 18th year, the Vail Jazz Festival is one of the most highly regarded jazz festivals in the United States. For many years, Colorado Creative Industries has bestowed their highest recognition for “superior artistic quality” on the Festival. Growth of the Festival Over the past 18 years the Festival has grown from its humble beginnings in 1995 as a three-day event with six performances and attendance of 500 to a true summer-long festival spanning twelve weeks with 40 performances and an estimated attendance of 17,200 in 2012. The growth over the last several years has been explosive with the addition of performances, expansion of venues, increased attendance and sponsorships, a new Winter Jazz Series and a greatly expanded marketing reach. Because applications for funding from the TOV are made prior to each summer’s Festival, last year’s application assumed that the 2012 Festival would be substantially similar to the prior year’s Festival; however, after the completion of the 2011 Festival it became clear that we had reached the “tipping point” and that the awareness and acceptance of the 2011 Festival had significantly exceeded our expectations. Therefore, even though we did not request a significant increase in funding last year for this year’s Festival, we elected to greatly expand the Festival during the summer of 2012 from 26 to 40 performances (see below – Jazz @ Kelly Liken – ten shows; Jazz After- three shows; and one Jazz/Pops 12/4/2012 The Vail Jazz Foundation 3 show at the GRFA). We believe our request for increased funding is warranted due to the fact that: the Festival has undergone a broad expansion in the past several years as described herein; a substantial portion of the Festival is provided to locals and visitors free of charge and therefore the TOV’s funding of the Festival indirectly provides a valuable amenity to all; and the VJF presents a world class jazz festival at a cost that is significantly less than other arts organization in the community as measured by any financial metric, allowing the TOV the biggest “bang for its buck.” The 19th Annual Vail Jazz Festival The 19th Annual Vail Jazz Festival will be substantially similar in size and scope to the 18th Annual Vail Jazz Festival, which is just getting underway. The Festival will present 40 separate performances featuring a wide variety of jazz styles (Afro-Cuban, American Songbook, Big Band, Blues, Brazilian, Straight Ahead, Swing, and more) in inviting indoor and outdoor locations that welcome novice jazz fans as well as seasoned and dedicated attendees. Important collaborative events will be presented using a variety of unique concert formats and venues which position the Festival to have a major presence in, and impact on, Vail throughout the summer of 2013. The Festival will feature the following performances: Jazz @ Vail Square - Thursday evenings for nine weeks, presents a wide array of jazz genres in a tented venue with both free seating and ticketed preferred seating. Music spills out of the tent to the nearby restaurants and cafes where guests stake coveted spots for the evening, energizing Lionshead. Jazz @ The Market - Sunday afternoons for ten weeks at the Vail Farmers’ Market, these free performances expose market-goers to regional and national jazz acts, enticing guests into our tent for shade, live music and a chance to relax. Jazz @ Kelly Liken - Sunday evenings for ten weeks, carries jazz from the Market on Sundays inside to a sophisticated indoor club-setting for an intimate jazz performance. Jazz After - following three Bravo performances in collaboration with Bravo! Vail Valley Music Festival, we will present three free jam sessions featuring members of each of the resident orchestras (Dallas Symphony, Philadelphia Orchestra and New York Philharmonic) in a jazz-club atmosphere. Jazz/Pops Concert in collaboration with Bravo! at the Gerald R. Ford Amphitheater. And our flagship event, the Labor Day Weekend Jazz Party will feature seven separate performances with over 30 hours of jazz presented in Lionshead at the Jazz Tent at Vail Square and at the Marriott’s Grand Ballroom. Niki Haris, Wycliffe Gordon, Jeff Clayton and Byron Stripling lead the Gospel Prayer Meetin’ in the Jazz Tent at Vail Square at the 2011 Labor Day Weekend Jazz Party 12/4/2012 The Vail Jazz Foundation 4 Jazz @ The Market on a typical Sunday at the Va il Farmers’ Market and Art Show We will continue to innovate in the way we present jazz. In 2012, we have expanded the Multi- Media Tributes to Jazz Greats and created an additional series, Jazz In Depth – both educational performance formats that incorporate video clips, oral presentations and live performances. These unique presentations have become a major attraction over Labor Day Weekend. As new opportunities to expand jazz experiences arise, the VJF embraces them – as seen with our summer long celebration of Dave Brubeck in 2012 which includes: the University of the Pacific Library’s travelling exhibit about the “Times of Dave Brubeck;” a Multi Media Tribute; and a performance by the Brubeck Brothers Quartet. The Brubeck Exhibit, housed at the Vail Visitor Center for the summer, is a partnership with the Town of Vail. This summer, the museum-quality exhibit further adds to the cultural depth of the Vail experience. Attendance Attendance at concerts continues to grow at a brisk pace. For 2013, we are confident that our numbers will be even greater than projections for 2012. We estimate 2012 attendance conservatively as follows: Jazz @ The Market: ten concerts with 100 seated audience members for 3 fifty-minute performances plus additional market goers for 1,500 attendees. Jazz @ Vail Square: nine concerts with 900 per concert, 350 seated audience members (with chairs turning .75 times) and 300 additional audience members, diners, passersby, etc. for total of 8,100. Jazz After: 100 guests at each of three jam sessions for total of 300. Jazz @ Kelly Liken: 100 per week for ten weeks for total of 1,000. Jazz/Pops: performance with Bravo at the GRFA - 2,800 attendees. Labor Day Weekend Vail Jazz Party: 500 per session; seven sessions for total of 3,500. Total attendance at the 2013 Vail Jazz Festival is expected to exceed 19,800; this represents an increase of 15% over 2012 and an increase of nearly 50% since 2010. In both 2011 and 2012, we have recruited over 100 “First Timers” who purchase the weekend pass to the Festival, committing to a minimum of a 4-night stay. We continue to surpass expectations and boast a 70% return rate among our Labor Day Weekend guests. 12/4/2012 The Vail Jazz Foundation 5 Labor Day Weekend Jazz Party audience in the Jazz Tent at Vail Square 11. How does your request support item 1C of the contribution policy? The Festival consistently brings a culturally diverse audience to Vail, drawing African Americans from Denver and from around the United States, as well as guests of different socio-economic levels. Moreover, the Festival provides an outstanding cultural asset to the residents of Vail and helps to build a strong sense of community among residents. The Festival contributes to the town’s economic vitality by giving residents and guests a reason to come into Vail Village and Lionshead throughout the summer, thereby feeding sales and lodging tax revenue. A. The Vail Jazz Festival fulfills the mission of the Town of Vail: “In order to be the premier mountain resort community, we’re committed to providing citizens and guests with a superior level of environmentally-sensitive services and an abundance of recreational, educational, and cultural opportunities.” The Vail Jazz Festival now offers the longest season of all of the cultural festivals presented in Vail during the summer – a full 12 week season of events, with three to four performances every week. Through collaborations with the Town of Vail, Bravo!, Kelly Liken and Larkspur Restaurant, and the Lionshead Merchants Association, both performance and educational opportunities are enhanced for residents and guests. Today’s jazz icons headline the Festival, demonstrating the high caliber of the event. The Vail Jazz Festival brand is synonymous with the biggest talent and the most professional performances, complimenting Vail’s premier status. With talent of this level, the audience is both sophisticated and discerning. The intimacy of the Labor Day Weekend Jazz Party is unique to jazz festivals, fostering camaraderie among jazz artists and attendees that brings guests back year after year. 12/4/2012 The Vail Jazz Foundation 6 Lewis Nash, Terell Stafford, John Clayton and Jeff Clayton at the 2011 Vail Jazz Party B. The Vail Jazz Festival has a positive impact on the resort community’s economic health: Festival Attendee Demographics Vail Jazz guests belong to the same demographic sought by Vail. They are educated and affluent, with disposable income to vacation, and spend additional money in Vail. Detailed data drawn from attendees at the Labor Day Weekend Jazz Party establishes that: Approximately 75% of the attendees are between the ages of 45 and 64; More than 75% have an average household income over $100,000 per annum; Over 65% have a college or post college education; 15% locals, 65% Colorado residents (non-local) guests and 20% out of state guests Our demographics have shifted over the past few years, as we broaden our offering of events. The average age is now younger, more of our guests have families and more are local residents or regional. We believe this is due to the Festival’s on-going presence throughout the summer and our efforts to diversify our presentation formats and venues. Attendee Spending According to survey data, historically the average Labor Day Weekend Jazz Party attendee makes the following daily expenditures for him /herself: Lodging: $150 Meals: $80 Retail: $75 Based on these expenditures, the Labor Day Weekend Jazz Party alone represents over $1,067,500 in revenue to the Town of Vail, conservatively assuming attendance of 3,500. The Vail Jazz Foundation paid approximately $20,000 in food and beverage revenue and almost $60,000 in room night revenue to the host hotel, the Vail Marriott Mountain Resort & Spa in 2011. The economic impact of the weekend event is clearly significant. For example, for the 2012 Labor Day Weekend Jazz Party, the Marriott has sold out of our original room block and has 400 room night reservations on the books for Jazz Party attendees as of June 10, 2012. As a result of the hotel’s anticipation to sell out, we have partnered with neighboring lodges for spill-over reservations. Our marketing now reflects a robust festival for a full 5 days (Thursday – Monday) over Labor Day Weekend, and we are seeing that our guests are extending their visits to up to 6 or 7 days. 12/4/2012 The Vail Jazz Foundation 7 Data for the Jazz @ Vail Square series skews slightly younger and with more local, down valley and part time residents. Lionshead restaurants attest to the spike in their business on Thursday nights throughout the summer due to the jazz performances, as many guests who attend Jazz @ Vail Square dine and shop nearby before and after the concert. We are now working with RRC Associates, the Town’s survey professionals, to survey our guests at Jazz @ The Market, Jazz @ Vail Square and Labor Day Weekend Party. We will have more data to present after this summer’s Festival in 2012. Additionally, with the new programs for 2012, we anticipate that Jazz Festival-related spending will increase dramatically. For example, by adding 13 performances at Jazz @ Kelly Liken and Jazz After at Larkspur, we are offering additional opportunities for jazz attendees to increase their spending in Vail. This trend will carry forward to 2013, as the events at Kelly Liken and Larkspur become more established. 12. Who currently funds your organization? The Vail Jazz Foundation runs a very lean operation. With one paid staff member and our unpaid Chairman/Artistic Director, we operate very efficiently. We receive an enormous amount of in-kind support from the Vail community and local businesses in the form of goods and services. The value of these in-kind donations is estimated at $275,000 in 2013. If paying for these goods and services, our budget would increase by nearly 30%. We rely on tremendous support from our partners in order to create and present concerts and educational programs. Local sponsors include: Alpine Bank, Alpine Party Rentals, Alpin Aire, The Arrabelle, Colorado Mountain Express, Flyvail.com, Kelly Liken, KZYR – The Zephyr 97.7 FM, Larkspur Restaurant, Lionshead Merchants Association, Rocky Mountain Reprographics, Town of Vail, United Way of Eagle River Valley, Vail Daily, Vail Marriott Mountain Resort & Spa, Vail Farmers’ Market and Art Show, Vail Resorts Echo, Vilar Performing Arts Center. Our regional and national sponsors are instrumental in spreading the word about the Vail Jazz Festival and Vail in particular. They include: Ella Fitzgerald Charitable Foundation, Hertz, KUVO-89.3 FM, Mighty Fine Productions, New Amsterdam Vodka, The Jazz Cruise, Ravenscroft Pianos, William Hill Estate Winery, Woods & Son Piano, Yamaha. Through The Jazz Cruise, we market Vail to 100,000 jazz fans who are predisposed to travel for jazz events. The Jazz Cruise clientele compliments Vail’s target audience in demographic profile. We also have several hundred donors whose gifts range from $20 to $20,000. 13. Organization's mission statement: The Vail Jazz Foundation, Inc. is a 501(c)(3) Colorado nonprofit corporation, incorporated in 1996 with the mission of perpetuating jazz music through live performances that showcase the artistry and talent of great jazz musicians, and through jazz education, with a focus on young musicians and young audiences. The Vail Jazz Festival is our primary vehicle to achieve our mission. 12/4/2012 The Vail Jazz Foundation 8 Although not funded by the Town of Vail grant, we would be remiss if we did not include mention of our educational programs in this proposal. These programs are essential to our mission. Education Programs Jazz Goes to School Since 1997, the VJF has presented, free of charge, Jazz Goes to School to all the 4th and 5th grade students at 14 schools in Eagle County annually, including Vail’s two elementary schools – Red Sandstone and Vail Mountain School. This unique jazz education program teaches over 1,100 students annually about jazz integrated with social studies through an interactive, four part curriculum. The fourth and final session is a true jazz concert for all students at the Vilar Performing Arts Center featuring the Jazz Goes to School Sextet, headed up by Tony Gulizia. Teachers are provided with pre- and post-lesson plans to aid them in integrating this curriculum into their classwork. Vail Jazz Workshop Since 1996, the VJF has presented the Vail Jazz Workshop, the pre-eminent education program for promising young jazz musicians. Nearly two hundred young jazz musicians have attended the Workshop in Vail. Alumni of the Workshop have achieved some of the highest honors available to jazz musicians today, and their achievements are a testament to the quality of the Vail Jazz Workshop. The Vail Jazz Workshop has brought the future leaders in jazz to Vail at a young and impressionable age. As a side note: Each year, the 12 Workshop students live with Vail residents in their homes for their 10 day residency. This further engages Vail residents and part time residents with the Festival. The experience is unforgettable for the students as well as for their host families. If our grant proposal is approved by the Vail Town Council, we will recognize the Town of Vail as we do for our highest level sponsors. The Town of Vail will receive the following benefits for the 19th Annual Vail Jazz Festival in 2013: Verbal stage recognition as Presenting Sponsor of Jazz @ Vail Square and Jazz @ The Market. 10 fully transferable Patron Passes to the Labor Day Weekend Party including Saturday’s Dinner with the Artists. 4 Jazz Plus Passes, granting preferred seating at all Jazz @ Vail Square concerts plus admission to Post Event Receptions. Full page ad in the Vail Jazz Festival Program with distribution of 20,000. Website listing and link. Email marketing inclusion. Press release inclusion. Your collateral distributed at all venues throughout the summer. Your banner displayed prominently at Jazz @ Vail Square and in the Marriott Grand Ballroom. We will also do our best to accommodate the Town’s request for other benefits from the Vail Jazz Festival. 12/4/2012 The Vail Jazz Foundation 9 APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet for The Vail Jazz Foundation Most Recent Completed Fiscal Year October, 31, 2011 ASSETS Cash in Bank $119,051 Merchandise $452 TOTAL ASSETS $119,503 LIABILITIES Payroll Tax Payable $1,535 Deposits & Prepaid Admissions $12,625 Loan Payable $24,567 TOTAL LIABILITIES $38,727 NET WORTH $80,776 TOTAL LIABILITIES AND NET WORTH $119,503 12/4/2012 The Vail Jazz Foundation 10 APPLICATION FOR TOWN OF VAIL FUNDING Statement of Sources and Uses THE VAIL JAZZ FOUNDATION, INC. Current Fiscal Year Budget Year Ending October 31, 2012 REVENUES Admissions and Production Fees $129,100 Sponsorships/Program Ad Sales $48,000 Contributions $235,400 Fund Raiser $5,000 Merchandise Sales $15,250 Silent Auction $17,000 Other Fees $9,350 Interest $110 TOTAL REVENUES $459,210 EXPENSES JAZZ FESTIVAL Artists & Production Expenses $242,910 Advertising/Marketing/P.R. $29,290 Allocated Administrative Overhead $50,000 SUBTOTAL $322,200 EDUCATIONAL PROGRAMS Jazz Goes to School $20,940 Vail Jazz Workshop $38,035 Allocated Administrative Overhead $18,500 SUBTOTAL $77,475 ADMINISTRATIVE EXPENSES Fundraising $5,000 Administration $54,535 SUBTOTAL $59,535 TOTAL EXPENSES $459,210 TOTAL REVENUES MINUS EXPENSES $0 12/4/2012 1 COLORADO SKI & SNOWBOARD MUSEUM AND HALL OF FAME @ VAIL APPLICATION FOR TOWN OF VAIL FUNDING 2013 SUBMITTED JUNE 29, 2012 BY JAMIE DUKE, CHAIRMAN OF THE BOARD and ERICA LLOYD, CURATOR 231 S. Frontage Road East Vail, CO 81657 Phone 970-476-1876 Fax 970-476-1879 www.skimuseum.net skimuseum@gmail.com 12/4/2012 2 APPLICATION FOR TOWN OF VAIL FUNDING 2013 1. Name of organization: Colorado Ski & Snowboard Museum and Hall of Fame 2. Contact person: Erica G. Lloyd; Curator of Collections & Jamie Duke; Chairman of Board 3. Mailing address: 231 S. Frontage Road East, Vail, CO 81657 4. Telephone: 970-476-1876 5. E-mail address: skimuseum@gmail.com 6. Members and Titles of your governing board (Board of Directors): Chairman: Jamie Duke Vice Chairman: Diane Boyer Treasurer: Kent Erickson Secretary: Dean Ericson Board Members: Hart Axley, Bob Beattie, Jim Bain,, Trent Bush, Linda Cain, Lynn Deutschman, Andy Franklin, Jon Franklin, Melissa McLean Jory, David Kelly, John McMurtry, Dick Neal, Joy Spring, Erik Steinberg, and Bill Tomcich Advisory Members: Ludwig Kurz, Bob Parker, Martha Head, Bee Reichel, Larry Zimmer, Sandy Treat, and John Meyer. 7. Amount of contribution requested: Cash: • $90,000 In-Kind: • $9,000 rent subsidy • Office space for Museum 2-person staff in under utilized offices in the Vail Transportation Center. 8. Organization fiscal year-end: April 30 9. Are your books audited? No, but our books are prepared with best practices for an annual audit. 10. How will the contribution be used? The cash and in-kind contributions will be used to support the Colorado Ski and Snowboard Museum and Hall of Fame (Museum) visitor’s educational, cultural, and entertainment experience, which, according to the Town of Vail’s 1975 Colorado Centennial/Bi-Centennial Heritage project charter, is to remain free of charge. The contribution request is less than $1.00 for each of the museums 100,000 annual visitors. Examined from another perspective, the contribution covers just 20% of the annual expenses required to support a memorable visitor experience at the Museum. Expenses include Museum hosts and tour guides, educational program delivery, research and curatorial functions, collection stewardship, continuing to enhance interactive elements, and researching, designing, and installing fresh exhibits such as our Roots of a Movement: The Colorado Snowboard Archive exhibit. Special projects at the Museum continue to evolve; some are in the research stage, a few are in the planning stage, and others are in the installation stage. The Museum is actively involved in the 12/4/2012 3 research, writing, and photo acquisition and digitization of history narratives for Vail’s 50th Anniversary celebration. This work has resulted in the five-panel display on Vail’s history, recently installed in the LionsHead Welcome Center, and is being incorporated into the Vail 50 years film, produced by Roger Brown. Another Vail history exhibit, which is under development, will be installed in the Vail Village Information Center. The 10th Mountain Division and its profound effect on Vail’s creation is central to our programming. The Museum is working with Warren Miller Entertainment to create a 60-minute documentary about the 10th Mountain Division with a unique twist meant to inspire, educate, and entertain a younger audience. Pete Seibert’s grandson is one of the featured athletes/film stars. The Museum oversees the highly esteemed Ski Hall of Fame and manages the nomination, election and annual induction process. Many of Vail’s finest have been recognized by the Ski Hall of Fame; this year Paul Testwuide and Toby Dawson will be inducted. In comparison to other cultural and educational institutions, the Museum has a very small paid staff and little administrative overhead. Nearly 90% of every contribution dollar goes directly to enhancing the Museum experience for visitors. The requested contribution ensures that the rich skiing history and heritage in Vail and the state of Colorado is preserved, and that this institution, borne out of the Town of Vail, and which by design serves both Vail and the state of Colorado, continues to thrive. Our Audience: 100,000 visitors from May 2011-April 2012, comprised of the following components: • Vail Valley destination guests, U.S & International. Destination and international guests are our largest percentage of daily visitors. These segments are especially interested in how skiing has shaped Colorado and has given birth to Vail. • I-70 travelers. Highway signs and cultural tourism advertisements alert travelers that the state’s Ski Museum is located in Vail. We host visitors daily who did not intend to stop in Vail until they saw the highway sign; an inviting excuse to experience Vail. These spontaneous visitors spend time at the Museum, and then go into Vail Village and LionsHead to dine and shop. Some end up booking a hotel room for the night and some, due to their positive experience, plan to visit Vail for their next vacation. • Neighboring county visitors. The Museum routinely attracts visitors within a 45-mile radius of both Summit and Garfield counties. A museum experience is built into many vacationers’ travel plans and our facility has become known as a great destination for nearby visitors. • Front Range visitors. Visitors from the Front Range, particularly those who entertain house guests, make Vail their destination specifically to stop at the museum. • Eagle County students K-12. Students participate in field trips to the museum and lesson plans are delivered to students in their classrooms and auditoriums. • Vail community members. With pride, community members bring friends and house guests to the museum to enjoy our interactive exhibits and attend presentations. • Virtual visitors. Website, social media, and e-newsletters reach an astounding number of individuals. • Researchers. Our extensive research library and collection is accessible to thousands of researchers annually. We fulfill research requests and share our digital collection on a daily basis. . 11. How does your request support item 1C of the contribution policy? Thank you for giving the Museum board and staff an opportunity to explain why we feel strongly that an increased contribution level for the Museum is both justified and responsible. The Museum, like the Betty Ford Alpine Gardens (Gardens) and the Vail Recreation District facilities are Town of Vail assets, on Town of Vail owned property, managed by non-profit boards. The Town of Vail had a hand in developing each of these unique assets and so has an inherent responsibility to ensure that they continue to be properly managed and funded. These treasured assets have been created and partially supported by the Town of Vail for the enjoyment of Vail’s visitors and community members. Unlike many of the special events and truly exceptional cultural offerings, these facilities are available to visitors and community members on a daily basis. The Museum and Gardens are unfortunately lumped into the same funding pool as Vail’s iconic events and most successful foundations and non-profit organizations. These hallmark events and producers have a well- 12/4/2012 4 deserved reputation for excellence and their marketing reach, supported in part by Vail Local Marketing District funding, is huge and very successful. The Museum and Gardens are no less impactful to the visitor experience but, as smaller non-profit organizations, have limited resources to spend on marketing and public awareness. The Museum and Garden “voices” are smaller in comparison and so their needs and positive impacts are easily overlooked. A decision to provide increased funding for unique assets like the Museum should not penalize Vail’s iconic and beloved events, nor vice versa. But, unfortunately, because funding come from one funding pool, “Council Contributions,” this does inevitably happen. By resolution, the Museum board has reconfirmed its commitment to serve as Vail’s Ski & Snowboard Museum. It does not take this responsibility lightly and has allocated the majority of its resources to supporting the Vail 50th Anniversary and planning for its unique ability to participate in the 2015 Championships by showing the world Vail’s ski history and heritage. Museum Impact and Fulfillment of Vail’s Mission Statement The Museum is one of the few educational and cultural amenities in Vail that is available, daily and year-round, to visitors and residents. Our 100,000 annual guests leave the museum with knowledge of the history and evolution of skiing and a strong foundation about how Vail came to be. We provide a “sense of place” to visitors that connect them to both skiing and to Vail. We are recognized as the authority in Colorado on ski and snowboard history and heritage. Our collection facility and research library are unsurpassed in the world of ski history and we are an invaluable resource for those seeking information by phone, on our extensive website, and at the museum facilities. ROI The Museum’s attendance grew this past winter when many visitors spent less time skiing during their vacation, and is one of many activities that have weather-proofed the Vail vacation experience. The Museum also has a lot of anecdotal evidence of visitors coming to Vail specifically to experience the Museum, and of others who have added an overnight stay to ensure plenty of time to fully enjoy the Museum’s galleries or presentations. With no admission fee, the Museum adds a sense of value to the resort experience, adding to the positive intent to return ratings. The ski company’s data indicates that an average destination guest spends $3,050 during their 5-day vacation in Vail. A contribution of just under $1 for each museum visitor is an investment in ensuring the destination guest’s experience is positive and therefore their vacation spending remains at these high levels. The economic benefits of the Museum, as described in Cultural Heritage Tourism studies, include increased tax revenues, diversified local economy, quality of life benefits, building community pride, and preservation of the community’s unique character. Hosting a museum is a powerful economic tactic suggested in the 2005 report, “Economic Benefits of Historic Preservation in Colorado” by Clarion Associates and BBC Research, in which they state,, “Ski resort towns that wish to attract aging baby boomers, whose participation in skiing is diminishing, should look to historic sites and museums as an important element in the package of ski alternatives.” Cultural Heritage Tourism, including museum visitation, is the largest growing segment of tourism. As stated on the National Trust for Historic Preservation website, “Perhaps the biggest benefit of cultural heritage tourism is that opportunities increase for diversified economies, ways to prosper economically while holding on to the characteristics that make communities special.” Colorado Tourism Office research (Longwoods International, 2011 Report) shows that cultural activities constitute 26% of guests "specific interests" during visits on a Colorado vacation (up from 22% in 2010). The largest percentages of Colorado’s visitors are "touring" the state; of this market segment, 34% visit a museum during their time in Colorado, according to the Colorado Tourism Office (http://www.colorado.com/research). 12/4/2012 5 "Research shows that museums and cultural attractions are important to visitors; the Colorado Ski & Snowboard Museum fills this niche in the Town of Vail and also adds a free attraction to our visitors, adding a perceived value to their Vail vacation," said Chris Romer, Executive Director of the Vail Valley Partnership, from the Chamber & Tourism Bureau. In conclusion, the Museum does not have a dedicated funding source, or an admission fee (and according to the Town of Vail’s 1975 Colorado Centennial/Bi-Centennial Heritage project charter, is to remain free of charge), in contrast to how many other communities have provided funding for their local museums. For example, the Denver Metro area has the Scientific and Cultural Facilities District tax, and Aspen, Breckenridge, and Telluride all have dedicated taxes earmarked for their museums. Instead, the Museum relies on a small percentage of its overall funding needs from the Town of Vail’s general fund and must actively seek a majority of its funding from outside of Vail, which is not easy considering that the population of Vail enjoys the majority of the Museum’s benefit. An increased level of funding by the Town of Vail will result in a stronger organization, less reliance on fund raising, which will in turn allow the Museum to focus its staff, volunteer time, and efforts on providing the best possible visitor experience and fulfilling its mission and responsibilities to both Vail and the state of Colorado. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? • 100,000 (and growing) annual museum visitors through voluntary donations and gift shop sales • Education program participants through admission fees • Community members through annual museum memberships • Hall of Fame members and individual donors • Vail Resorts Echo through cash donations, donation of golf course for charity golf tournament, and silent auction items • Corporate Partners: Vail Daily, TV8, Outside TV, Altitude TV, eeF Productions, University of Denver, Colorado Ski Country, Intrawest, Korbel and 1st Bank, among others, provide cash and in-kind products and services • Charitable Foundations provide operating and project-specific restricted grants. During the last 12 months, the Museum has received project specific grants from the Tawani Foundation, Warren Miller Entertainment and IMLS (Institute of Museum Library Sciences). 13. Organization's Mission Statement: Since its founding in 1976, the Colorado Ski & Snowboard Museum has been passionately dedicated to safeguarding the spirit and evolution of snow sports and their contribution to Colorado’s history. We pledge to passionately preserve the legacy by using proper stewardship to care for our extensive collection and by engaging the public through historical exhibits and interactive education programs. Guiding Principles: • Preserving the history of the famed 10th Mountain Division that was instrumental in shaping Colorado’s ski heritage • Honoring our sports’ innovators and achievers through our distinctive Hall of Fame • Maintaining an extensive Olympics collection which embodies the spirit and gravitas of this great institution. We invite the public, athletes, stakeholders, the curious – all like-minded individuals, to share our passion for this great sport. 12/4/2012 6 COLORADO SKI & SNOWBOARD MUSEUM AND HALL OF FAME BALANC SHEET Apr 30, 12 ASSETS Current Assets Checking/Savings 1494 · Cash & cash equivalents 1105 · Operating Account 137,131.85 1115 · Cash Reserve Account 43,797.31 1140 · Artifact & Endowment Account 14,956.40 1170 · Register cash 300.00 1175 · Petty Cash 100.00 Total Checking/Savings 196,285.56 1310 · Accounts Receivable 2,248.34 Total 1300 · Accounts Receivable 2,248.34 Total Accounts Receivable 2,248.34 Other Current Assets Employee Receivables 19.00 Other Currents Assets 1489 · Prepaid Expenses 1,063.69 1491 · Retail Inventory Asset 47,761.53 Total Other Currents Assets 48,825.22 Total Other Current Assets 48,844.22 Total Current Assets 247,378.12 Property, Equipment and Collection 1401 · Jacques Parker Art 40,000.00 Spirit of Olympic Champions Exhibit 105,127.51 1400 · Furniture & Fixtures 55,576.53 1402 · Accum. Depreciation -89,442.49 1403 · Accum Deprec - SOAC -105,127.51 Total Property, Equipment and Collection 6,134.04 TOTAL ASSETS 253,512.16 LIABILITIES & EQUITY Current Liabilities Accounts Payable 1500 · Accounts Payable 7,711.33 Total Accounts Payable 7,711.33 Other Current Liability 2200 · Sales Tax Payable 903.91 Total Other Current Liability 903.91 Unearned Revenue 237.59 Total Other Current Liabilities 1,141.50 Total Current Liabilities 8,852.83 Total Liabilities 8,852.83 Equity 3900 · Retained Earnings 196,361.65 3902 · Temporarily Restricted RE 34,730.00 3903 · Permanently Restricted 580.00 Net Income 12,987.68 Total Equity 244,659.33 TOTAL LIABILITIES & EQUITY 253,512.16 12/4/2012 7 COLORADO SKI & SNOWBOARD MUSEUM AND HALL OF FAME ANNUAL BUDGET MAY 1, 2012- APRIL 30, 2013 Ordinary Income/Expense Income 4092 · Photo/Media Use Revenue Total 4200 · In-Kind Donations 8,000 Total 4032 · Hall of Fame Banquet 151,300 40321 · Golf Tournament 18,000 4030 · Event Income - New - Total 4030 · Event Income 169,300 4041 · Contributions 4046.6 · Educational Program Income 2,500 4048.1 · Government Grants 62,000 4010 · Admissions Income - 4046 · Other Grants 25,500 4048 · Donations - Cash/CC 21,000 Total 4041 · Contributions 111,000 Total 4060 · Membership Income 71,600 Total 4070 · Retail Income 234,924 4090 · Receptions Income 4,200 4055 · HOF TV Program 32,000 Total 4095 · Other Income 142 Total Income 631,166 Cost of Events, TV Production & Retail Total 6120 · Event Expenses 86,201 Total Cost Of HOF TV Production & Auction 7,800 Total 5000 · Retail Expenses 123,410 Total COS of Event, TV & Retail 217,411 Gross Profit 413,755 Expense Collection Storage & Research Library (in Golden, CO) 26,809 Vail Museum Facility Expense 25,886 Vail Museum Admin & Marketing Expense 42,165 Vail Museum/HOF Host & Employee Expense 317,482 Total Expense 412,342 Net Ordinary Income 1,413 12/4/2012 CULTURAL SPONSORSHIP GRANT PROPOSAL for the TOWN OF VAIL 2013 VAIL INTERNATIONAL DANCE FESTIVAL 2013 GERALD R. FORD AMPHITHEATER 2013 US PRO CYCLING CHALLENGE 2015 FIS ALPINE WORLD SKI CHAMPIONSHIPS 2013 BIRDS OF PREY MEN’S & LADIES WORLD CUP 2013 AMERICAN SKI CLASSIC 2013 ATHLETE COMMISSION 2013 WINTER TEVA MOUNTAIN GAMES (IN KIND ONLY) 2013 SUMMER TEVA MOUNTAIN GAMES (IN KIND ONLY) Presented by THE VAIL VALLEY FOUNDATION 12/4/2012 APPLICATION FOR TOWN OF VAIL FUNDING 1. Name of organization: Vail Valley Foundation 2. Contact Person: Mike Imhof, Vice President of Sales and Operations 3. Mailing Address: PO Box 309, Vail, CO 81658 4. Telephone: 970-949-1999 5. Email address: mimhof@vvf.org 6. Members and titles of governing board: Current Board Members Judy Berkowitz Marlene Boll Erik Borgen Jack Crosby Andy Daly Jack Eck Bill Esrey Tim Finchem Ceil Folz, President Harry Frampton Peter Frechette Steve Friedman John Galvin John Garnsey Margie Gart Bob Gary George Gillett Donna Giordano Sheika Gramshammer Marty Head Mike Herman Bobby Hernreich Al Hubbard Bill Hybl Yvonne Jacobs Chris Jarnot Rob Katz Kent Logan Peter May Brian Nolan Eric Resnick Doug Rippeto Ken Schanzer Mike Shannon Stan Shuman Rod Slifer Ann Smead Oscar Tang Stew Turley Betsy Wiegers 12/4/2012 Directors Emeritus Adam Aron Berry Craddock Pepi Gramshammer Steve Haber Elaine Kelton In Memoriam President Gerald R. Ford Jack Kemp 7. Amount of contribution requested: $898,500 and in-kind support of $118,800*. 8. Organization fiscal year-end: October 1, 2012 – September 30, 2013 9. Are your books audited: Yes – annually 10. How will the contribution be used: Please see attached information 11. How does your request support item 1C of the contribution policy: A positive, sustained economic climate. 12. Who currently funds your organization (other governments, private donations, user fees, etc.): Town of Vail, Town of Avon, Eagle County, Beaver Creek Resort Company, private donations, ticket sales revenue (as non limiting examples ticket sales to performances at the Vilar Performing Arts Center and tickets to attend Vail International Dance Festival performances, corporate sponsorships with local, regional and national companies (brands) As non limiting examples, Anheuser-Busch, Volvo, Teva, US Bank, Lakota Guides and lastly, specific to the FIS World Alpine Ski Championships the International Ski Federation. 13. Organization’s mission statement: To enhance and sustain the spirit of the Vail Valley by providing leadership in athletic, cultural and educational endeavors. Vail Valley Foundation; Inspiring Lives, Enriching Community. *In Kind contributions to be determined by the Town of Vail and may not be applicable. 12/4/2012 STREET BEAT FREE WINTER CONCERT SERIES PLEASE NOTE: The Valley Foundation has decided, in collaboration and collective agreement with the Town of Vail and our key Corporate partners tied to Street Beat, to discontinue the Street Beat event project. As such, Street Beat will not take place in Vail during the 2012-2013 winter- season. The Vail Valley Foundation will not be requesting any funds from the Town of Vail for Street Beat. 2013 STREET BEAT WINTER CONCERT SERIES GRANT REQUEST The Vail Valley Foundation requests $0 cash and $0 in-kind. The Vail Valley Foundation sincerely appreciates the support the Town of Vail has provided towards Street Beat during the 11 years the event ran in Vail. THANK YOU! 2013 VAIL INTERNATIONAL DANCE FESTIVAL JULY 30 – AUGUST 14, 2013 The Vail International Dance Festival is arguably one of the most successful and talked about arts festivals in the United States and has consistently been featured in the New York Times Arts & Entertainment section. Ticket sales records indicate that festival-goers are true destination guests who are making a specific trip to Vail to attend this world renowned event. Our research shows these guests represent at least 24 states. Damian Woetzel, as the festivals Artistic Director, continues each year to out do the prior year in terms of the caliber of performers, the breadth of the artistic styles represented and a festival that truly entertains and provides a unique experience for all attendees. We consistently receive tangible and positive feedback from guests (ticket buyers), performers, donors, sponsors, press and industry experts as not just a player but a leader at the highest levels in the international community of performing arts. The Festival supports the development of young choreographers and annually commissions new works to be world premiered in Vail, works that continue to live on in the repertories for major dance companies. In addition, the Festival has become far larger than what transpires within the Gerald R. Ford Amphitheater itself. A series of complimentary, informative and educational Dance Dialogues and Vail Village fringe appearances add depth and increased appreciation of the art form adding vibrant and surprising energy within the Town. 2013 will mark the seventh year for Celebrate the Beat, a vehicle in which children discover their potential by motivating them to believe in themselves, value artistic expression and develop a personal standard of excellence. GENERAL TOWN OF VAIL BENEFITS The event will deliver 45,000,000 total media impressions. 12/4/2012 The event this summer / 2012, in an effort to provide value across all the villages of Vail, has scheduled 4 street performances to happen in Lionhsead. This will continue in 2013 as well. Vail plays host to a festival which no longer is considered just a local or even Colorado centric event but one that competes in caliber and stature on a world stage. Added dimension to summer in Vail; more to experience, more to do, more reasons to make Vail your summer destination. Positions Vail as an international center of cultural arts at the highest level of excellence. Independent surveys on destination visitation each year continue to reveal that 67% of respondents claim they came to the area specifically for/because of the event and 73% had lodging in the Town of Vail. SILVER SPONSOR BENEFITS Logo inclusion in all marketing and advertising initiatives One (1) full page advertisement in the official Vail International Dance Program Logo inclusion on performance / festival poster Right to use the Vail International Dance Festival logo Four (4) seats in Dress Circle for all performances at GRFA Four (4) VIP tickets to attend the Vail International Dance Festival Gala Four (4) invitations to all scheduled social functions Class observation opportunities 2013 VAIL INTERNATIONAL DANCE FESTIVAL GRANT REQUEST The Vail Valley Foundation kindly requests that the Town of Vail consider a $60,000 cash contribution. The 2013 season marks our 25th anniversary and we are prepared to celebrate it by acknowledging our humble beginnings and paying tribute to Vail as the host of the Festival in a video documentary. The video is 28 minutes in length and based on performance footage and interviews from the 2011 and 2012 seasons. The video will air on Rocky Mountain PBS (RMPBS) later this year (November/December) and again in the spring. The focus of the video is to showcase Vail and why it is special to the Festival and the dancers, how it came to be based in Vail and why a visit to Vail for the Festival is truly the experience of a lifetime. The additional grant funds requested will help produce and distribute the video. The video will include iconic shots of Vail: Bridge Street, Gore Range, clock tower, Lionshead gondola. The video will reach over 99% of Colorado households RMPS views are 68% more likely to attend a live performance and median household income is $245,277 (slightly above the $241,464 market average. * We would also like to request an interview from someone at the Town of Vail for the video. Whether it is Andy Daly, Stan Zemler, Sybil Navas or yourself I will leave that to your discretion. BUDGET IMPACT TO 2013 VAIL INTERNATIONAL DANCE FESTIVAL Should the Town of Vail approve our request for $60,000, it shall account for 2.6% of our operating expense budget. The Vail International Dance Festival continues to grow each year and we are sincerely thankful for the annual Town of Vail support. 12/4/2012 Historically the Vail International Dance Festival has received $45,000 in frunds from the Town of Vail; this year we respectfully request consideration for an additional $15,000 in funds to support a project to promote the 25th Anniversary Season of the Vail International Dance Festival. GERALD R. FORD AMPHITHEATER Summer Season 2013 Summer 2013 will mark the amphitheater’s 15th season. Locals and guests of all ages flock to the theater for a diverse mix of entertainment. From the Hot Summer Nights series to Bravo! Vail Valley Music Festival’s symphonies and hot performers like The Drew Emmitt Band, The New York Philharmonic, Walker Williams, and The Dirty Dozen Brass Band, each summer, the Gerald R Ford Amphitheater serves as the cultural and social centerpiece of the Vail Valley. The Vail Valley Foundation always strives for top-tier performances. The 2013 summer season shall be no exception with Bravo! Vail Valley Music Festival orchestras, Hot Summer Nights and the Vail International Dance Festival as anchors for the 2013 amphitheater schedule. In 2013, the Hot Summer Nights series will feature a minimum of nine performances from the middle part of June to late August with an average spectator attendance per show of 3,000. GENERAL TOWN OF VAIL BENEFITS Amphitheater productions showcase Vail as a premier summer resort Provides the major venue for performing artists and special events in Vail Programming policy ensures performance variety for Vail audiences Convention use for summer conferences, weddings, graduations and more Unique venue and programming sets Vail apart from other mountain resorts Vail’s unique and breathtaking outdoor venue receives national recognition and praise Town Of Vail bars, restaurants, clothing, jewelry, etc all benefit from traffic pre and post each performance keeping people in Town, engaged and having a wonderful time in Vail SUPPORTER BENEFITS Identification as major contributor in the building of the Gerald R. Ford Amphitheater Four (4) reserved seats at all Gerald R. Ford Amphitheater productions One (1) full page advertisement in the Vail Valley Summer Events Magazine One (1) TOV branded (with Logo) flag pole banner placed at venue entrance 2013 GERALD R. FORD AMPHITHEATER GRANT REQUEST The Vail Valley Foundation kindly requests the Town of Vail consider a $27,500 cash contribution to help support a portion of the Hot Summer Nights series and services provided to the community at the facility. We also ask for a $2,800 in-kind contribution for police presence during Hot Summer Nights events. BUDGET IMPACT TO 2013 GERALD R. FORD AMPHITHEATER Should the Town of Vail approve our request for $27,500 it shall account for 4% of our operating expense budget. 2013 AUGUST US PRO CYLCLING CHALLENGE (“USPCC) The Vail Valley Foundation Understands that we requested, in our 2012 Town Of Vail grant request $175,000 cash and $25,000 In Kind to support a Vail Stage or Stages within the 2012 US Pro 12/4/2012 Cycling Challenge. Unfortunately, the USPCC did not schedule a Tour stop in Vail for the 2012 Event. We have remained in contact with the USPCC and continue to push and encourage the Tour owners to bring a USPCC stage back to Vail. As such, we are submitting a specific request for funding in 2013 tied to the professional cycling event. This relatively new event is not owned and managed by the Vail Valley Foundation (for example, like the Birds of Prey, American Ski Classic or Teva Mountain Games) but an event where the VVF, in partnership with the greater Eagle County Community and key players within the Town of Vail, would act as the LOC (Local Organizing Committee) for the Event. The US Pro Cycling Challenge is a 7 stage tour which has every intention of a long future in Colorado. However, the Tour and the owners of the event itself may decide, as is their right, each year to change the route or stages of the event and flow the pro cycling stages into different communities every year. We feel confident that Vail, as an iconic locale within Colorado along with Vail’s long history tied to the pro cycling (i.e. Coors Classic), has a very viable chance to again be a stage in 2013. However, this is not guaranteed. To be prepared for this eventuality, we are including this USPCC Event in our 2013 grant request to the Town of Vail. FACTS AND FIGURES The USPCC Time Trial stage which was held in Vail in August 2011 was a huge success for Vail with significant media exposure, excellent onsite attendance and a solid economic driver for the greater Vail community across; retail, restaurants and lodging The event would be a UCI 2.1 level Pro Event to include Pro Tour Teams, National Teams, Pro Continental Teams and Continental Teams The event is currently planned as a Men’s Pro team competition and has proposed that a women’s pro competition be added as well making it the only event of its kind in the world The event stages held in Vail would draw tens of thousands of spectators and athletes to the Valley allowing for tangible economic benefit across all Town of Vail businesses Ceil Folz sits on the advisory board for this event ensuring Vail has a seat at this table both now and in the years to come Opportunity for ancillary community based events; i.e. a citizen’s ride, health and lifestyle expo villages and concerts to name just a few, adding additional animation and value to the exciting competitions The demographics and psychographics are as true and compelling today as they were 2 years ago when the VVF tried valiantly to make a pro cycling event a reality National and international television coverage Total U.S. Cyclists 42.5 Million More U.S. cyclists than skiers, golfers and tennis players combined 97.4% of U.S. Road Cyclists Own Bikes with an Average Bike Price Over $3,000 17 Million Bicycles Sold in the U.S. Every Year 87% Between the Ages of 18-44 60% Male, 40% Female 63% are Professionals 92% Have Attended College 41% Have Post Graduate Degrees or Studies Affluent – Median Income $87,400 TOWN OF VAIL BENEFITS The opportunity for Vail to be an iconic stop (stages) within the Event Spectator attendance within Vail to rival the glory days of the Coors Classic; the 2011 Time Trial Stage conservatively saw 25,000 spectators for the 1 day event 12/4/2012 Exposure within the international TV coverage as well as up to 2 hours of live coverage of the Vail stage VIP access to be mutually agreed to between Town and VVF The two largest events Vail hosts in any given year as a perfect bookend to summer. The Teva Mountain Games would open up the summer season and US Pro Cycling Challenge would usher in summer’s close Town of Vail would receive logo placement rights, marketing use rights and promotional rights within the scope and limitations granted to the Local Organizer. A further differentiator for Vail for consumers who are choosing where to spend their limited and precious summer vacation time. 2013 PRO CYCLING CHALLENGE GRANT REQUEST The Vail Valley Foundation kindly requests the Town of Vail consider a $175,000 cash contribution and a $50,000 in-kind contribution for police, public works, fire and general Town Of Vail year-round full time staff labor. The above cash request is the same amount as the Town of Vail granted for the actual 2011 event. The In Kind request of $50,000 is an increased amount ($25,000 more) from the In Kind Town Of Vail granted for the 2011 Event. The increased In Kind request is based upon the actual sum of In Kind provided by Town Of Vail for the 2011 Event. 2015 FIS ALPINE WORLD SKI CHAMPIONSHIPS GENERAL 2015 FINANCIAL SUPPORT The world will return to Vail for the third time in February 2015 for the FIS Alpine World Ski Championships. Per the Vail Valley Foundation’s Presentations to the Town of Vail since we were granted the 2015 Championships in June 2010 and regarding the overall economic benefits of the 2015 Championships, we are including in this 2013 annual grant request the portion (one fifth) of the total general funding the Town of Vail has already approved for the 2015 FIS Alpine World Ski Championships which is $1,250,000 to be paid over 5 years in equal installments of 250,000 per year. We respectfully ask the Town of Vail in 2013 to provide $250,000 to the Vail Valley Foundation specific to the overall 2015 funding support. ADDITIONAL FINANCIAL SUPPORT SPECIFIC TO THE NATIONS TEAM EVENT In addition to the above, the Vail Valley Foundation and Town of Vail have agreed to hold the Nations Team Event in Vail (Golden Peak) during the 2015 Championships. Per the agreement between the Town of Vail and Vail Valley Foundation, the Nations Team Event will cost the 2015 Organizer an additional $1,500,000. The Town of Vail has agreed to cover this incremental expense tied to the running / hosting of the Nations Team Event in Vail. The Vail Valley Foundation respectfully requests from the Town of Vail, $375,000 in 2013 which is one quarter (25%) of the total $1,500,000. The $1,250,000 in overall 2015 support and the $1,500,000 in support specific to the Nations Teams Event in 2015 accounts for approximately 4.5% of the total 2015 operating budget. DECEMBER 7 & 8 AND DECEMBER 14 & 15, 2013 MEN’S AND LADIES BIRDS OF PREY WORLD CUP, BEAVER CREEK, COLORADO Each December, the world descends on the Vail Valley to watch the only Men’s Alpine World Cup event in USA. The Birds of Prey sees over 20,000 people onsite over three days and the world truly watches as the domestic and international television exposure reaches over 100 million international households live in prime time. Plus, here in the domestic USA, 1 hour on 12/4/2012 NBC Sports, 4 additional hours of coverage on NBC Sports Net and additional airings on Universal Sports. In December 2013, we are very fortunate to be able to host both the Men and Ladies for 2 solid weekends back to back for Men and Ladies World Cup racing. SPONSOR BENEFITS Town of Vail logo to be placed on the official website as a supporting partner at www.bcworldcup.com. A quantity of VIP credentials (enough for each TOV council member and select TOV staff). Final quantity shall be discussed and mutually agreed to by both Town of Vail and Vail Valley Foundation to allow access to the VIP area within the event venue. Credentials will be valid for both the Men’s ad Ladies World Cup races. Four (4) invitations to the celebrated tradition of Dinner Before The Downhill held in Beaver Creek. 2013 BIRDS OF PREY GRANT REQUEST Each year as the World Cup continues to grow and draw a larger audience, the need to transport these consumers to and from the event becomes more and more of a logistical challenge and expense. In 2013, transportation will be especially needed as we have two full World Cups back to back as well as the need to transport select guests from Vail based hotels into the Beaver Creek race venue. We respectfully request the Town of Vail to consider an increased in kind contribution of Twenty-Six Thousand Dollars ($26,000) to be used towards use of Town of Vail buses and drivers (labor) during the 2013 Birds of Prey event weekends. 2013 AMERICAN SKI CLASSIC The American Ski Classic draws to Vail legendary Olympic and World Cup athletes, celebrities of TV, Sports, News and Politics and corporate clients looking for money-cannot-buy client entertainment. The American Ski Classic is the longest standing, most recognized and most successful celebration of the sport of ski racing in the world. Its longevity (March 2013 will be our 31th anniversary) is a testament to both the desire to support our heritage and to celebrate both the legends of our youth and our youth of today who will be the next heroes of ski racing. A critical part of the March 2013 event will be the continued growth and support of the Conway Community Cup races and the new and exciting Battle Of The Legends Relay competition. The Community Cup, named the Conway Cup after long time local and ski racing fan Dan Conway, launched its inaugural year in March 2010. The community cup was, by all measures, a huge success and we expect it to continue to grow each year. The Conway Community Cup invites our local community to create their own 4 person team for a nominal fee per person. These teams will go head to head to determine who will be granted full complimentary access to and entry in the Ford Cup and American Ski Classic festivities. It is a great day of racing and fun followed by a party for all. FACTS AND FIGURES • Vail, Colorado Wednesday March 21 Sunday March 25, 2013 • Highly Affluent – Avg. HHI of $200k, Material Percentage Make $1mm+. ASC event guests have proven year in and year out that they spend incremental dollars throughout Vail in restaurants, galleries, jewelry, real estate, clothing, hotels and ski shops. • 60-minute nationally syndicated TV show reaches no less than 80 million US households. Over 75 percent of stations syndicating the event telecast are network 12/4/2012 affiliates; 25% are cable providers (multiple re-airs). Telecast provides Vail with conservative impression reach of 10,000,000 +. • Advertising for the event combines local print, radio and TV, email blasts and select International web based campaigns. • 60/40 Male-Female Gender Split • SVP, EVP and C Level Executives • They Lead Active Lives – 74% Exercise Regularly • Travel Frequently for Business and Pleasure • 75% are age 34 to 65 and return each year to vail a minimum of 3 times both for the event and as destination guests of the resort. • Event attendees are 80% destination guests (outside of Colorado) with 20% local and Front Range. 2013 AMERICAN SKI CLASSIC GRANT REQUEST American Ski Classic is a Brand of its own. The success year in year out is a tribute to our industry, the love of the sport and the love of the experiences one has while spending time in Vail. In the last few years the funding for American Ski Classic has been $5,000 cash and $3,000 In Kind (used for parking vouchers in Village structure). We respectfully ask the Town of Vail to consider an increased amount of funding in 2013; $20,000 cash and $3,000 in kind. Should our request for $20,000 be approved it will account for 1.3% of our proposed 2013 operating expense budget. In 2012 we added in a new, highly spectator friendly competition called the Battle of the Legends. In 2013, we plan to evolve this new concept even more and place additional marketing efforts behind it to bring crowds into Vail (Golden Peak) to watch this fast and exciting competition. SPONSOR BENEFITS BASED ON TOWN OF VAIL FUDING EVENT AT $20,000 The investment requested below by VVF does not include use of the Two VVF Medallions. We thank you for the cash and in kind support planned for 2013 across multiple VVF initiatives which sufficiently cover our allocation of the two Medallions to Town of Vail. TOV to receive eighteen (18) VIP credentials valid for skiing at Vail or Beaver Creek and unlimited access to all VIP areas during the Event TOV to receive eight (8) VIP gift bags at the Event. TOV to receive eighteen (18) invitations to Event Welcome Party on Thursday March 21, 2013. TOV to receive Eighteen (18) invitations to Gorsuch Tea Dance during Event (Friday March 22). TOV name/logo inclusion (listing as a sponsor) on all appropriate marketing, advertising, web and PR initiatives tied to the Event. Four (4) Town of Vail banners placed in visible locations within the Event venue. One (1) Town Of Vail branded race team (this is for bib branding and PA only). Two (2) Ford Cup race team spots WINTER TEVA MOUNTAIN GAMES February 8-10, 2013 will usher in year 2 of this new and exciting “sister” to the highly successful Summer Mountain Games. Winter Mountain Games mission is Athletes, Arts, Music, Mountains and covers both a broad range of human powered athletic competitions along with art, live music, film and parties each driving attendance and needed economic upswing to the Vail Community during a weekend in February which is historically slow. Per the new Town of Vail (Town Council) grant application request guidelines, we are including in this grant request just the In Kind support we are requesting from the Town of Vail. Our 12/4/2012 normal CSE request for funds will continue as per normal for any cash contribution request we will be asking for tied to Winter Teva Mountain Games. The Vail Valley Foundation respectfully asks the Town of Vail to consider an In Kind contribution of $12,000 for the 2013 Event to be used for parking vouchers (we expect in 2013 to use $3,500 of the $12,000 total In Kind being requested for parking vouchers), extra duty police coverage public works, use of the Lionshead Welcome Center for Event Registration and event fees. PLEASE NOTE: The Town of Vail is considered a key stakeholder in the Winter Mountain Games event and, tied to the cash request Vail valley Foundation makes to the CSE, the Town of Vail receives detailed marketing, attendance and overall economic ROI information across all aspects of the event along with specific branding and hospitality rights and benefits to be received by the Town of Vail in exchange for its support. SUMMER TEVA MOUNTAIN GAMES The largest, most successful mountain based mulit-sports, music and lifestyle celebration arguably in the world. At this time, our final research for the 2012 Mountain Games is not yet known but we are confident we will see approximately 10% growth in each of the key areas of success measurement; spectator attendance, athlete registration, sponsor satisfaction and overall positive economic impact for Vail. Per the new Town of Vail (Town Council) grant application request guidelines, we are including in this grant request just the In Kind support we are requesting from the Town of Vail. Our normal CSE request for funds process will continue as per normal for any cash contribution request we will be asking for tied to Winter Teva Mountain Games. The Vail Valley Foundation respectfully asks the Town of Vail to consider an In Kind contribution of $25,000 for the 2013 Event to be used for extra duty police coverage, public works event assistance to include but not limited to, trash clean up, transportation of free ride bike features to and from event, water meter usage, sand bag distribution to and from event, world cup climbing wall ballast, event half marathon bus/shuttle support and event fees. PLEASE NOTE: The Town of Vail is considered a key stakeholder in the Summer Mountain Games event and, tied to the cash request Vail valley Foundation makes to the CSE, the Town of Vail receives detailed marketing, attendance and overall economic ROI information across all aspects of the event along with specific branding and hospitality rights and benefits to be received by the Town of Vail in exchange for its support. APPLICATION FOR TOWN OF VAIL FUNDING 1. Name of organization: Vail Valley Athlete Commission 2. Contact person: Mike Imhof 3. Mailing address: P.O. Box 309, Vail, CO 81658 4. Telephone: (970) 949-1999 5. Email: mimhof@vvf.org 6. Members and Titles of your governing board: 12/4/2012 Mike Imhof Vail Valley Foundation Pam Brandmeyer Town of Vail Doug Lovell Vail Resorts Tim Baker Beaver Creek Resort Company 7. Amount of contribution requested : $6,000 8. Organization fiscal year-end: Calendar Year January 1-December 31 9. Are your books audited? YES 10. How will the contribution be used? Please see below. The Athlete Commission provides financial support to the young individual athletes of our valley so that they might go out into the international world of competition and chase their dreams. Each year we fund both fledgling international athletes as well as those who have reached the highest ranks. The recipients come from every sport and every part of our valley. The number of applicants has been steadily growing every year. However, the amount of available funds has not increased at the same rate. It is our intent to increase the amount of funding from each partner to meet the needs of deserving athletes. 11. How does your request support item 1C of the contribution policy? Funding from the Athlete Commission benefits the entire community of Vail by providing an opportunity for local athletes to represent this community in an international arena thereby gaining exposure and awareness of our premier mountain resort. The commission hopes to honor those athletes that in turn honor their community. Whenever possible, representation of a community logo is expected and greatly appreciated. As winner of the women’s World Cup Alpine overall Lindsey Vonn generated tremendous international awareness of Vail. Along with Toby Dawson and Sarah Schleper, Lindsey Vonn received financial support for many years from the Athlete Commission. The future health of our community will be enhanced by providing opportunities for advancement of deserving athletes wishing to pursue their athletic dreams. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? Historically, the commission has consists of four funding partners: Town of Vail, Vail Resorts, Inc., Beaver Creek Resort Company and the Vail Valley Foundation. 13. Or ganization's mission statement: Local Pepi Gramshammer originally conceived the idea for the Athlete Commission as a method for the community to provide financial support for the Valley’s deserving athletes. The program supports those athletes participating in international competitions. 12/4/2012 10/1/10-9/30/11 Vail Valley Foundation Financial Overview Revenue Source Total Amount Percentage of Budget Individual Contributions 6,877,813 36% Sponsorships 4,258,645 22% In Kind Contributions 3,080,761 16% Government Support 1,494,175 8% Ticket Sales and Fees 2,806,641 15% Other Contributions 684,692 4% TOTAL REVENUES 19,202,727 100% Expenses Total Amount Percentage of Budget Athletic Event Programming 6,482,183 35% American Ski Classic Teva Mountain Games World Cup Ski Races Winter Teva Mountain Games US Pro Cycling Challenge Cultural Programming 2,705,029 14% Gerald R. Ford Amphitheater Hot Summer Nights Streetbeat Dance Festival Vilar Programming 4,130,865 22% General and Administrative 2,058,856 11% 12/4/2012 Membership 1,376,616 8% Education and Grants 1,775,904 9% Other 258,228 1% TOTAL EXPENSES 18,767,681 100% APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet As of 9/30/2011 As of 9/30/2010 Assets: 32,956,175 31,468,216 Total Assets: 32,956,175 31,468,216 Liabilities: 11,747,138 8,281,385 Total Liabilities: 11,747,138 8,281,385 Net Assets: 21,209,037 23,186,831 12/4/2012 . 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 February 27 – March 3, 2013 2012 Application for Town of Vail Funding Applied 5/30/2012 by: 12 Vail Rd. Suite 500, Vail, CO 81657 (970) 476-6797 www.gohighline.com APPLICATION FOR TOWN OF VAIL FUNDING 1. Name of organization: Highline Sports & Entertainment, Inc. 2. Contact persons: James Deighan 3. Mailing address: 12 Vail Road, Suite 500, Vail, CO 81657 12/4/2012 4. Office Telephone: 970/476-6797 x102 Cell Phone: 970/331-5312 Fax: 970/476-6890 5. E-mail address: jamesd@gohighline.com Website: www.gohighline.com 6. Members and Titles of your governing board: Highline Sports & Entertainment, Inc. ¥ Jeff Brausch, Partner ¥ James Deighan, Partner ¥ Carolyn Coyne, Partner ¥ Kelli Brausch, CFO Cross Community Working Team ¥ Jeff Brausch, Highline Sports & Entertainment, Inc. ¥ James Deighan, Highline Sports & Entertainment, Inc. ¥ Carolyn Coyne, Highline Sports & Entertainment, Inc. ¥ Chris Dolan, Highline Sports & Entertainment, Inc. ¥ Greg Schwartz, Highline Sports & Entertainment, Inc. ¥ Peggy Wolfe, Highline Sports & Entertainment, Inc. ¥ Katie Tille, Highline Sports & Entertainment, Inc. ¥ Adam Sutner, Vail Resorts ¥ Bryan Rooney, Vail Resorts 7. Amount of contribution requested: $500,000 8. Organization fiscal year-end: December 31st 9. Are your books audited? Reviewed by Keil & Associates, CPA 10. How will the contribution be used? The Town of Vail funding for this project will be leveraged towards international marketing and PR as well as actual event activation for the 2013 US Open of Snowboarding Championships. The funding will contribute to a comprehensive marketing platform that will have international reach and continue to build the world-class image of Vail. Funds will be applied to the following components: ¥ Comprehensive marketing plan ¥ Event infrastructure ¥ Staffing ¥ Hospitality ¥ Event VIP support ¥ Transportation ¥ Concerts / Festivals ¥ Eco-friendly support 11. How does your request support item 1C of the contribution policy? The Town Council will evaluate the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the town’s mission, and how this contribution will affect our resort community’s future health. The Town Council’s mission statement reads: In order to be the premier mountain resort community, we’re committed to providing citizens and guests with a superior level of environmentally-sensitive services and an abundance of recreational, educational, and cultural opportunities. 12/4/2012 The US Open of Snowboarding Championships will directly benefit the entire community of Vail and help carry out the Town Council’s mission in a number of ways. The event will bring comparable benefits to the town such as past major events including, but not limited to the 1989 and 1999 Alpine World Championships, Teva Mountain Games, and most recently the US Pro Cycling Challenge. The US Open is certain to the global attention to Vail and the Vail Valley. For the past 30 years, the US Open has drawn a large amount of visitors as well as worldwide impressions which in-turn drive future visits. Research that was recently conducted by Vail Resorts through guest intercepts at Snow Daze and Spring Back to Vail have shown that these type of events: ¥ They add value to the guest experience ¥ Visitors have a more favorable opinion of Vail ¥ High guests satisfaction” ¥ Strong intent to return 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? Vail Resorts, Burton Snowboards, and corporate sponsors – MINI, T-Mobile, PepsiCO, etc.. 13. Organization's mission statement: To foster a culture in which Highline team members are challenged to excel in providing all customers with exceptional service, extensive knowledge and an unwavering commitment to ethical excellence… not only to complete client satisfaction- but beyond all expectations! 12/4/2012 APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet Highline Sports & Entertainment, Inc. Most Recent Completed Fiscal Year December 31, 2011 ASSETS Total Current Assets $1,357,706 Total Fixed Assets $159,801 Total Other Assets $54,227 TOTAL ASSETS $1,571,734 LIABILITIES & EQUITY Current Liabilities Total Current Liabilities $134,333 Total Long Term Liabilities $19,364 TOTAL LIABILITIES $153,698 Equity TOTAL EQUITY $1,418,036 TOTAL LIABILITIES & EQUITY $1,571,734 NET WORTH $1,418,036 12/4/2012 APPENDIX A – Town of Vail Benefits A brief description of the estimated benefits to the Town of Vail, including an estimated number of incremental room nights and increased spending generated by the Burton US Open of Snowboarding. Estimated Incremental Room Nights and Revenue Generated by the 2013 Burton US Open of Snowboarding. 2013 Estimated Incremental Spending Incremental Room Nights Estimated event attendance: 50,000 Those who came just for the event: 60% Those staying in Town of Vail lodging: 50% Average nights stay in Vail: 3 Total Incremental Room Nights: 30,000 (2ppl/room) *Lodging estimates are based on three week, two week, one-week 5-day, 4-day, 3-day, 2-day stays. Incremental Spending Estimated attendance per day: 12,500 Average amount spent: $200 Event Days: 4 Total Incremental Spending: $10,000,000 Incremental Lodging Revenues Average lodging price per night: $250 Incremental room nights: 30,000 Subtotal spent on lodging: $7,500,000 Number of days in Vail not for event: 1.0 Number of people staying additional days: 5,000 Average amount spent per day: $200 Subtotal spent on non-event days: $1,000,000 Total Estimated Incremental Spending: $18,500,000 What return on investment should the Town of Vail expect from the US Open of snowboarding? 2012 Town of Vail Estimated Return on Investment 12/4/2012 Town of Vail Investment $500,000 Total Value of Media, Public Relations and Event Related Impressions for a top-tier Presenting Sponsor (such as the Town of Vail) (measured by Event Industry-accepted means). This number is based on the projected PR and marketing for this event and estimates from this event last year and other similar events. $7,000,000 Return on Investment through Media, PR and Event Related Impressions alone: 14-to-1 Estimated Incremental Room Nights Generated 30,000 Estimated Incremental Spending Generated $18,500,000 Estimated Tax Receipts (Sales - 4%, Lodging-4%) $740,000 Estimated Parking Receipts $75,000 Total Town of Vail Receipts $815,000 Return on Investment through Incremental Spending in the Town of Vail: 63% APPENDIX B – Event Budget 2013 US Open Budget: EXPENSES Marketing $79,400 Social Media Campaign $ 20,000 Print Ads $ 5,000 Radio Ads $ 12,400 Music Licensing $ 2,000 TTR Fees $ 40,000 Production $876,500 Event Collateral $ 63,300 Signage $ 60,000 On-Site Activation $ 59,700 Party Production and Talent $ 171,000 12/4/2012 Speedrail Fencing $ 30,000 Event Infrastructure $ 18,500 Event Staff $ 55,800 Shipping $ 5,000 Apparel / Backpacks $ 71,200 Prize Money $ 342,000 Mountain Expenses $109,800 Storage $ 1,000 Porta Potties $ 1,500 Storage Containers $ 4,500 Bicycle Barricade $ 5,800 Chemicals $ 2,000 Conduit $ 2,500 Equipment Rentals $ 2,600 Trash $ 1,400 Electricians $ 5,700 Diesel / Propane $ 40,700 Shuttles / Drivers $ 10,900 Internet Charges $ 4,200 Office Supplies / Equipment $ 2,000 Miscellaneous Resort Expenses $ 25,000 Snow Park Technologies $236,000 SPT Service Fee $ 129,000 Rail Build $ 40,000 Freecat Rental (2) $ 27,500 Zaugg Rental $ 17,000 Winch Cat Rental $ 22,500 Contract Labor / Infrastructure $889,000 Registration and Scoring $ 36,000 Tents $ 70,000 Sound $ 69,500 Jumbotron $ 55,000 Lighting $ 56,000 Stage $ 20,000 Security $ 66,600 Scaffolding $ 85,000 Office Trailers $ 25,600 Generators $ 27,400 Radios $ 18,400 Medical Consultation $ 12,000 Rider Shuttles $ 9,000 Event Production $ 338,500 Travel / Lodging / Meals $548,300 Catering / Meals / Hospitality $ 159,800 Lodging $ 350,000 Travel $ 38,500 TV / Webcast $802,000 Television Production $ 457,000 Television Time Buy $ 250,000 12/4/2012 Webcast Production $ 80,000 TV/Webcast Satellite $ 15,000 Total Expenses: $3,541,000 12/4/2012 12/4/2012 12/4/2012 Eagle Valley Land Trust Application for Town of Vail Funding 1. Name of organization: Eagle Valley Land Trust (EVLT) 2. Contact person: Kara Heide, Executive Director 3. Mailing address: PO Box 3016; Edwards, CO 81632 4. Telephone: 970‐748‐7654 5. E‐mail address: kara@evlt.org 6. Members and Titles of your governing board: Dr. Tom Steinberg, President Emeritus Stan Cope, Board Member Dan Godec, President Ellen Eaton, Board Member Tom Edwards, Vice President Kent Erickson, Board Member Dr. Steve Conlin, Secretary Kip Gates, Board Member Steve Turner, Treasurer Alex Iskenderian, Board Member Larry Agneberg, Board Member Frank Navarro, Board Member Dr. Adrianna Bombard, Board Member Kimberly Rowland, Board Member David Smith, Board Member Bob Warner, Board Member 7. Amount of contribution requested: Monitoring and Stewardship $2,500 Community Education and Awareness $1,500 EVLT administration of programs $1,000 Town of Vail Parking Pass for EverGreen Ball Silent Auction In Kind Total $5,000 In addition, we request an in kind donation for the usage of Donovan Pavilion Saturday, December 1st, 2012 for an educational event presented by EVLT. 8. Organization fiscal year‐end: December 31st 9. Are your books audited? Yes. Audits are performed annually by McMahan and Associates. 10. How will the contribution be used?: EVLT holds 5 separate conservation easements within the Town of Vail boundaries and is charged with annually inspecting, monitoring and stewarding the easements to ensure the conservation values of the land remain unspoiled year after year. Our grant request will be used to accomplish this inspection, monitoring and stewardship process, and to promote the use of the public conservation easements by Town of Vail residents and guests. EVLT’s annual monitoring effort covers over 25 acres in the Town of Vail and over 6,500 acres county wide. The Meadow Creek, Buffehr Creek, Ptarmigan, and East Vail Waterfall conservation easements are vital public access points to US Forest Service land for the Vail community. The Ptarmigan Conservation Easement protects the trailhead of the Vail North Trail whereas the East Vail Waterfall Conservation Easement ensures public access to the waterfall and protects the water rights, making sure the waterfall will always flow. During our monitoring and stewardship visits we make key measurements and observations, take photos and note any issues of 12/4/2012 Eagle Valley Land Trust Application for Town of Vail Funding concern that might negatively impact the conservation values of the land. By identifying potential issues early, EVLT is protecting the investment the Town of Vail has already made in these properties. EVLT has an extensive public education and awareness campaign to promote the public access conservation easements we hold and to recognize the community leaders who have the foresight to conserve local land. Many of our conservation easements add to the mountain experience by protecting land right on the valley floor and our conservation easements in the Town of Vail are no different. By promoting the Town of Vail’s public access conservation easements, EVLT is helping to drive visitors to the Town of Vail and, more importantly, getting them outside their hotel rooms, experiencing all the town has to offer and driving the local economy. EVLT has a monthly column in the Vail Daily (our March column featured the East Vail Waterfall conservation easement), a monthly e‐newsletter with over 3,000 subscribers, TV spots on local Public Access 5, TV8 and ECO 17 as well as numerous signature events like Yoga for Land, Family Fun Days, Ed Fest and our annual gala event, The EverGreen Ball. The community education and awareness portion of our grant request will support these existing efforts and allow us to reach more members of the community. EVLT is currently planning to host an evening with decorated rocky mountain photographer, John Fielder, to unveil his new book capturing the beauty of land protected by Great Outdoors Colorado (GOCO) funding. This evening will feature beautiful music and photography, focused on the Vail Valley. We are currently searching for a venue and believe Donovan Pavilion would be the perfect location to host this event. By granting us the space as an in kind donation, the Town of Vail will both bring a great event to the town and support the mission of the Eagle Valley Land Trust. 11. How does your request support item 1C of the contribution policy?: The existence of public hiking trails and scenic views within walking distance of residents’ houses and guests’ lodging accommodations directly contributes to the Town of Vail’s resort culture and lifestyle. The East Vail Waterfall brings ice climbers in the winter and natures lovers in the summer to Vail. All of the public conservation easements held by EVLT in Vail contribute to the resort culture and provide Vail’s residents and guests with recreational opportunities, scenic vistas and access points to other public land. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)?: EVLT has over 325 private donors who contribute to our mission annually. EVLT is also supported by numerous Vail Valley businesses including FirstBank, RA Nelson and Associates, Vail Resorts Echo, Associates III Interior Design, Beaver Creek Resort Company, Tunnel23Concepts, Crazy Mountain Brewing Company, Vail Daily, Whattodo, NRC 365, Revolution Power Yoga and High Country Kombucha. EVLT applies often for relevant grants when available and in the past has secured grants from Great Outdoors Colorado (GOCO), Colorado Coalition of Land Trusts, the Land Trust Alliance, Gates Family Foundation, Tax Credit Connections Inc., and numerous family foundations. 13. Organization's mission statement: The mission of the Eagle Valley Land Trust is to preserve forever our scenic vistas, open spaces, historic lands, waterways and wildlife habitat that represent the uniqueness of Eagle County for the enjoyment, education and benefit of all people who experience this special place. The Eagle Valley Land Trust saves land for the people of Eagle County. We preserve the character of our community one acre at a time. 12/4/2012 12/4/2012 Eagle Valley Land Trust 28-Jun-12 Statement of Revenues and Expenditures 2011 Actual Unaudited, 2012 Budget and Year to Date Through April 30, 2012 2011 YTD 2012 Unaudited Actual Thru Adopted 2012 Budget Actual 30-Apr-12 Budget Assumptions Unrestricted Funds - General Fund Revenues Individual Contributions134,9858,284225,000 See comments on master budget document. Corporate Contributions 3,905 010,000 Board Contributions 33,60010,50050,000 Grants 7,000 5005,000 Investment Income Realized Gains/(Losses)00 Unrealized Gains/(Losses)0 0 Interest Income 0 0 Special Events Evergreen Ball 58,834 075,000 Community Campout 0 0 In-Kind (non-cash) Donations - Special Events 51,850 0 Other Special Events 4,350 05,000 Other Revenues 103 0 In-Kind (non-cash) Donations 6,898 6007,000 Net Assets Released from Restriction 0 0 Total Revenues 301,52519,884377,000 Expenditures Accounting 13,974 32515,000 Advertising 621 1,2756,000 Auto Mileage (Non Travel Related)796 951,000 Bad Debt Expense 0 0 0 Bank Service Charges 103 33 100 Brokerage Ticket Charges 0 0 0 Computer Repairs & Maintenance 448 01,200 Consulting 0 01,000 Contract Services 14,843 0 0 Credit Card Expense 712 1371,500 Insurance - D&O/Liability/Work Comp 4,482 4104,500 Legal Fees 0 02,500 Licenses & Permits 860 1611,500 Meals (Non Travel Related)1,139 4612,000 Membership Dues & Subscriptions 3,817 3504,000 Office Supplies & Equipment 5,052 1353,000 Postage - Mailing & Delivery 806 1,0931,000 Printing & Reproduction 3,063 2,2393,000 Rent - Office 8,400 2,8008,400 Salaries & Benefits 172,44077,441250,000 Eagle Valley Land Trust Statement of Revenues and Expenditures 2011 Actual Unaudited, 2012 Budget and Year to Date Through April 30, 2012 2011 YTD 2012 Unaudited Actual Thru Adopted 2012 Budget Actual 30-Apr-12 Budget Assumptions Seminars & Classes 3,096 3153,500 Special Events 32,803 1,37037,500 Telephone & Internet 716 2211,500 Travel 25 03,000 Expense Reallocation (103,440)00 In-Kind Offset (non-cash)58,748 07,000 Depreciation Expense 0 0 0 Miscellaneous Expense 0 07,500 Total Operating Expenditures 223,50488,861365,700 Change in Net Assets 78,021(68,977)11,300 Net Assets Beginning of Year 368,395446,416446,416 Net Assets End of Year 446,416377,439457,716 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 1 June 29, 2012 Town of Vail 75 South Frontage Road West Vail, Colorado 81657 Dear Town of Vail and Vail Town Council Members, Starting Hearts’ founder, Lynn Blake, is an Eagle County resident and Sudden Cardiac Arrest (SCA) survivor. People throughout Eagle County and Colorado have learned about her organization through word-of-mouth networking, conferences, meetings, community events and news stories in The Vail Daily, The Mountaineer, Eagle Valley Enterprise, TV8 Vail, Denver Channel 7 News and Denver Channel 9 News. Starting Hearts collaborates with local emergency services and medical providers, businesses, nonprofits, schools, families and friends of those who suffer with cardiovascular heart disease. The Town of Vail in 2012 donated the “HeartRod”, allowing Starting Hearts to begin its mission and vision to educate residents and visitors about Sudden Cardiac Arrest. The result of these relationships has been a growing awareness of CHD and the potential for SCA. Currently, Starting Hearts has a waiting list of people and groups interested in program participation; however, available funding and resources prohibit the organization from accommodating these requests. In the spring of 2013, Starting Hearts wil l launch Stand Up to SCA, a communitywide project to educate and train 25,000 Eagle County residents/visitors about preventing death for victims of Sudden Cardiac Arrest through free Cardio Pulmonary Resuscitation (CPR) and Automated External Defibrillator (AED) outreach, education and access workshops and classes. The evidence-based programs being offered by Starting Hearts will equip lay persons with the knowledge and resources necessary to be effective when witnessing a cardiac arrest. It is with great respect and appreciation that Starting Hearts applies and submits the APPLICATION FOR TOWN OF VAIL FUNDING for the spring of 2013. We believe the services we can provide to the Town of Vail will be an asset and are aligned with accomplishing the mission statement of the Town of Vail. We look forward to hearing from you on our application process and to working with you in a long term relationship. Sincerely yours, Lynn Blake Founder & SCA Survivor Anyone. Anywhere. Anytime. Are YOU ready? www.startinghearts.org lynn@startinghearts.org - PO Box 4318, Avon, CO 81620 - 970-331-3983 12/4/2012 2 STARTING HEARTS APPLICATION FOR TOWN OF VAIL FUNDING GENERAL INSTRUCTIONS All applications must be submitted to the Town of Vail by June 29, 2012 by 5:00 P.M. You must provide 5 copies of the application and an electronic version (sent to sellis@vailgov.com). Any application received after that date or any application packet with fewer than 5 copies will not be considered. Please send application to: Town of Vail Shane Ellis 75 South Frontage Road West Vail, Colorado 81657 For questions on the financial statements, please contact Shane Ellis at 479-2342. PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: Starting Hearts 2. Contact person: Lynn Blake 3. Mailing address: PO Box 4318, Avon, CO 81620 4. Telephone: 970-331-3983 5. E-mail address: lynn@startinghearts.org 6. Members and Titles of your governing board: Lynn Blake Founder and President Samantha McIntosh Board Member Chelsey Russell Board Member Olga Griffin Board Member Dr. Larry Gaul Task Force Medical Director Starting Hearts is in the process of recruiting new Board members and establishing a strong governing organization for 2013. In addition to a governing board, Starting Hearts has established the Eagle County Sudden Cardiac Arrest Task Force, which includes participation from Eagle County Ambulance District, Eagle River Fire Protection District, Vail Fire Department, Vail Public Safety Communications, Vail Valley Medical Center, Western Eagle County Ambulance District and Dr. Larry Gaul. 7. Amount of contribution requested: Starting Hearts is respectfully requesting $19,171 from the Town of Vail to implement the Stand Up to SCA project by conducting (3) CALL. PUSH. SHOCK. School programs, and (50) CALL. PUSH. SHOCK. community programs. Starting Hearts’ intent is to educate approximately 725 Vail youth, and 5,340 town residents, employees and guests in 2013. The average price per participant is $3.16 and includes instructor compensation, printed collateral, “HeartRod” travel expenses, and supplies necessary to conduct trainings. 8. Organization fiscal year-end: December 31st 9. Are your books audited? No 12/4/2012 3 10. How will the contribution be used? The Town of Vail resides in Eagle County, Colorado, home to fifty-two thousand individuals and hosts to over two million visitors each year. During 2011, Vail Public Safety Communications dispatched local Emergency Medical Services (EMS) to more than two hundred fifty cardiac related emergencies. A majority of these calls were heart attacks and chest pain; some were Sudden Cardiac Arrests (SCA). Quick response is critical to cardiac emergencies no matter the cause. However, individuals experiencing an SCA have only minutes to live unless a bystander or trained responder recognizes the symptoms and takes immediate action. Currently, only eight percent of Sudden Cardiac Arrest victims survive an incident. For cardiovascular heart disease and risk of Sudden Cardiac Arrests, residents, employees and visitors within the Town of Vail represent a collision of risk factors: • 22% of Eagle County’s residents lack health insurance; a rate 29% higher than the state average. This equates to nearly one in five residents who do not see a physician due to high medical costs. Thus, a significant portion of the population lacks regular screening for and monitoring of chronic disease conditions. • The aging baby boomers who are recreational athletes who refuse to respond to or ignore symptoms of underlying cardiovascular disease; the average age of S udden Cardiac Arrest victims is sixty years old. As in all areas of the country, Eagle County is experiencing an aging residential population (the percentage of seniors over 65 is up 90% in the past decade). For older visitors, the change in altitude coupled with more vigorous physical activity can trigger ventricular fibrillation in otherwise controlled Chronic Health Disease. • The athletes in training for extreme games, the Olympics and marathons pose yet another opportunity for Sudden Cardiac Arrest experiences. Training “at altitude” has become a popular way to prepare for regional, national and international events. Athletes attempting this training without consistent medical monitoring can be at significant risk for Sudden Cardiac Arrest. • Last but certainly not least are those residents and visitors living lifestyles which promote excessive drug and alcohol habits. Unfortunately, 26% of residents admit to drinking excessively compared to the state’s average of 18%. Alcohol exacerbates underlying Chronic Health Disease. Currently, only about thirty percent of victims of out -of-hospital sudden cardiac arrest receive any type of CPR. Untrained bystanders hesitate to help a cardiac arrest victim. Less than one-third of victims receive help because of a bystanders’ lack of confidence and/or knowledge of Cardio Pulmonary Resuscitation (CPR) and Automated External Defibrillator (AED) use. Their ignorance of the signs of Sudden Cardiac Arrest, and access to lifesaving AEDs is another factor in the need for training. Resuscitation is most successful if defibrillation is performed in the first five minutes after collapse. The interval between the call to the Emergency Medical Services and arrival of EMS personnel at the victim’s side is typically longer than 5 minutes (frequently a minimum of 7-8 minutes and longer in rural locales). The ability to achieve high survival rates depends on public knowledge about SCA, being trained in CPR, and accessibility to AEDs. Research has shown that when bystanders have CPR training, they are much more likely to take action. The American Heart Association (AHA) estimates that 1-2 in every 1,000 people will suffer a SCA each year. According to these calculations, more than fifty Eagle County residents and hundreds of visitors will experience a Sudden Cardiac Arrest this year and most will not survive. In 2013, Starting Hearts will launch Stand Up to SCA, a communitywide project to educate and train 25,000 Eagle County residents/visitors about preventing death for victims of Sudden Cardiac Arrest through free CPR & AED outreach, education and access workshops and classes. The 12/4/2012 4 evidence-based programs being offered by Starting Hearts will equip lay persons with the knowledge and resources necessary to be effective when witnessing a cardiac arrest. CALL. PUSH. SHOCK. for the Community; A program to educate residents and guests about responding to Sudden Cardiac Arrest. The most important determinant of survival from SCA is the presence of a trained rescuer who is ready, willing, able, and equipped to act. Starting Hearts’ goal is to introduce a specific public health message that will effectively produce immediate recognition of SCA and immediate bystander response: CALL. PUSH. SHOCK. CALL. PUSH. SHOCK. for Schools; A program to educate students and school staff about responding to Sudden Cardiac Arrest. Colorado and other states , are working to pass legislation that would require all graduating seniors to learn Cardio Pulmonary Resuscitation and how t o use an Automated External Defibrillator. The laws rely on administration to organize, implement, finance and sustain school-based CPR programs. Coordinating trainings requires significant time, commitment and resources, and has proven difficult to initiate. Starting Hearts’ would be taking on the responsibility of implementation and funding, eliminating the staff and financial constraints. Participants in these program s will learn how to save lives through hands -on skills experience of a simple bystander response. The training will include how to: recognize Sudden Cardiac Arrest, dispatch medical assistance by calling 9 -1-1, perform hands-only Cardio Pulmonary Resuscitation, and locate and use an Automated External Defibrillator. CALL. PUSH. SHOCK. training programs are conducted via “The HeartRod”; Starting Hearts’ mobile CPR & AED training unit. The services are offered free of charge to town businesses, employees, residents and guests. Starting Hearts’ innovative approach is unique to the industry and addresses two critical barriers to traditional trainings: time and accessibility. Stand Up to SCA includes additional programs within the Town of Vail other than those for which funding is requested here, including: • Nearest AED program is Starting H earts’ public education and access to defibrillation program that will increase the Town of Vail’s accessibility and awareness of AEDs and their impact on SCA survival. • The Neighbor Saver program utilizes information from 9-1-1 dispatch and two-way cellular technology alerting nearby citizen rescuers. Volunteer Neighbor Savers within a ½-mile radius to a SCA event will receive notification with directions to the nearest AED and location of the victim. The Neighbor Saver program is secondary to CALL. PUSH. SHOCK. and Nearest AED, and is expected to launch winter 2013.! • The loaning of AEDs for any event (recently the Vail Valley Foundation used AEDs for the Teva Mountain Games)! 11. How does your request support item 1C of the contribution policy? CALL. PUSH. SHOCK.; definitely addresses the Town of Vail’s mission to provide educational opportunities for its citizens. The Town of Vail’s future physical health will be positively affected through the Sudden Cardiac Arrest outreach to students and the community. The participants will educate their friends and family on the signs of SCA and each will leave the training capable of, and confident in, saving a life. Also, Starting Hearts’ program will directly improve the economic health of Vail by reducing medical expenses related to fatalities or the emotional cost due to the loss of life by SCA. 12/4/2012 5 It should also be noted that the United States’ Sudden Cardiac Arrest research shows that 77.1% of voters nationwide are overwhelmingly supportive of funding for increased Sudden Cardiac Arrest research, educational activities and treatments. The 88.4% of voters nationwide in favor of funding for a SCA public awarene ss campaign collaborates with the majority of Vail voters supportive of tax dollars being utilized to create a community capable of saving lives. Starting Hearts’ Stand Up to SCA program and CALL. PUSH. SHOCK. trainings are of direct benefit to the entire community of Vail. All of these programs support a viable educational project that will serve the residents and visitors of the Town of Vail. They encompass the adage, “it takes a village”, and to help one another in time of need. Most importantly, there is an increased probability that the lives of Vail residents or guests will be saved with the funding of Starting Hearts’ programs. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? Starting Hearts was founded in July 2010 and has operated through private donations, the sale of Automated External Defibrillators, contributions from conducting programs, two sponsorships, and a small amount from Starting Hearts’ Shop for a Cause platform. A comprehensive development campaign has been outlined and is in the process of being implemented. The funding sources to date are as follows: Individual Donations $15,000 Vail Valley Medical Center Sponsorship $5,000 Automated External Defibrillators (AED) sales $3,500 Lone Star Security Sponsorship $1,000 In addition to the above contributions, Starting Hearts received support in the form of public endorsement and program volunteers from local EMS agencies. 13. Organization's mission statement: Starting Hearts to prevent death for victims of Sudden Cardiac Arrest. Starting Hearts accomplishes this mission through creative solutions combined with evidence- based programs to provide the general public with the skills and resources necessary to save lives. 12/4/2012 6 APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet Instructions: You may insert a print out of your own financial report format instead of this form. Round all figures to the nearest dollar. Please present in as much detail as possible. Starting Hearts was founded in July 2010 and has completed its 2011 fiscal year. A budget to actual balance sheet is not available at this time. In lieu of this data, the budget forecast for Starting Hearts’ 2013 year is shown. The budget displays an efficient use of monies given to Starting Hearts’ for its programs and community response efforts. Most Recent Completed Fiscal Year (Date: 2011) !"#$"%&'()*#$"+( ,#-#&.*(!/**"(#+(01(234536746( 8++*"+(!! 9%:*;(8++*"+(!! "#$!%$&'()*+!!,-.///!! 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N$7C$':#06!G$$:!!,H.///!! <0"#-(@A*$#"%&'(R:A*&+*(!,H8_._//!! <@<8D(RXFRJ!R((=654?>77(( JR<(PJV@WR(M%&.0Y*(-*++(*:A*&+*N((=M4?>77N( 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 Application for Town of Vail Funding June 29, 2012 12/4/2012 APPLICATION FOR TOWN OF VAIL FUNDING 1. Name of organization: Education Foundation of Eagle County (“EFEC”) 2. Contact person: Mary Blair 3. Mailing address: PO Box 18533 Avon, Colorado 81620 4. Telephone: (970) 331-8112 5. E-mail address: maryb@efec.org 6. Members and Titles of your governing board: Wendy Rimel (President), Charles Overy (Vice President), Karen Braden-Butz (Treasurer), Felicia Battle (Assistant Treasurer), Dana Maurer-Secretary, Mary Blair (Assistant Secretary) 7. Amount of contribution requested: In-kind donation for the use of Donavan Pavilion for a Sunday evening in May (preferably Sunday, May 19, 2013) and $5,000 sponsorship of Project Funway, an EFEC annual event. 8. Organization fiscal year-end: December 31 9. Are your books audited? Not currently. Books will only be audited if EFEC raises over $500,000 in a given year. 10. How will the contribution be used? Funds saved on the rental of Donavan and the cash contribution will be used to sponsor Project Funway, allowing all proceeds to directly impact EFEC and public education in Eagle County, including Red Sandstone Elementary School. The Town of Vail’s contribution will be used for marketing and equipment needed for the evening (sound, lights, catering, etc). The organizers of the event are all volunteers so no contribution dollars or dollars raised from the event will be used to support staff needs. 11. How does your request support item 1C of the contribution policy? Due to recent state funding allocations, our public schools budget has fallen short of the necessary amount needed to support quality teachers and materials desired for the development of the children in our community. All proceeds from the event will go directly to EFEC whose immediate goal is to “protect and maintain our world class and nationally recognized public education system”. This fits in direct alignment with the Town of Vail’s mission, which is committed to providing its citizens a superior level of educational opportunities. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? Private and corporate donors. 13. Organization's mission statement: The Education Foundation of Eagle County is dedicated to improving the quality of public education by attracting, procuring, and effectively distributing resources and organizing community and school district initiatives in support of our schools, our teachers, and our students. Our immediate goal is to provide a forum through which private funding can protect and maintain our world class and nationally recognized public education system in Eagle County.” 12/4/2012 ASSETS CURRENT ASSETS Cash 117835 TOTAL CURRENT ASSETS 117835 LIABILITIES Individual school funds -‐ Payable to ECS 90031 Equity Fund -‐ Payable to ECS 9003 General Fund 14087.6 Operations and retained earnings 4713.4 TOTAL LIABILITIES 117835 TOTAL LIABILITIES AND NET ASSETS 0 Balance Sheet as of May 31, 2012 Education Foundation of Eagle County APPLICATION FOR TOWN OF VAIL FUNDING 12/4/2012 REVENUES Donations $260,000.00 Grants $50,000.00 TOTAL REVENUES $310,000.00 EXPENSES FY 2012 Funding Funds disbursed to ECS $220,000.00 Scholarships $5,500.00 Distinguish Teacher Awards $5,000.00 Grant Offerings $55,000.00 Bank Charges $3,700.00 Operational Expenses $3,000.00 Fund Raising Event Expense $10,000.00 Marketing $7,500.00 TOTAL EXPENSES $309,700.00 NET OPERATING REVENUE $300.00 EDUCATION FOUNDATION OF EAGLE COUNTY CALENDAR YEAR 2012 BUDGET APPLICATION FOR TOWN OF VAIL FUNDING 12/4/2012 APPLICATION FOR TOWN OF VAIL FUNDING 1. Name of organization: Red Sandstone Elementary PTO 2. Contact person: Kelly Alter 3. Mailing address: 551 North Frontage Road. Vail, CO. 81657 4. Telephone: 970-376-0442 5. E-mail address: kelly@fredpope.com 6. Members and Titles of your governing board: Kelly Alter : President Amy Parliament : Vice President Adina Dean : Treasurer Betsy Lindall : Secretary Maria LaVarn : Secretary 7. Amount of contribution requested: $37,000 8. Organization fiscal year-end: 06/30 9. Are your books audited? No. 10. How will the contribution be used? The Red Sandstone Elementary School Parent Teacher Organization (PTO) would like to request $37,000 from the Town of Vail to research and implement a comprehensive education technology platform for Red Sandstone Elementary School. Specifically, if funded Red Sandstone would recruit and hire an “Ed-Tech” Coordinator, who would be tasked with developing and implementing a cutting edge learning technology program at Red Sandstone Elementary School. Funds granted from the Town of Vail would be leveraged by funds raised by the Red Sandstone PTO. Due to severe cuts to the 2012-13 Eagle County School District budget, Red Sandstone Elementary was forced to eliminate its current Technology position. With out additional outside resources, the School will not be able to provide this critical area of learning to students. The students will not have the advantage of learning to using and work with computers, laptops, ipads etc in school and in particular, kids that do not have access to these devices at home will be even further disadvantaged as they further their education and eventually head out into the work place. Red Sandstone has identified the area of learning technology as huge opportunity. The area of 12/4/2012 APPLICATION FOR TOWN OF VAIL FUNDING learning and education technology is emerging and there are so many new and exciting tools available to educate our students with 21st century learning skills. The introduction of a technology program at Red Sandstone Elementary will differentiate the school from other schools in our community. Some future technology goals could include: A mobile lap top or ipad lab and the use of “NearPad” software that allows teachers to push lessons to students on ipads and then offer one-on-one feedback and support as needed. Utilization of learning technology can assist teachers with differentiation (a task that is tough until you are a seasoned teacher) and will deepen and enhance the learning process allowing teachers to tailor learning to each child’s needs and ability. In this current climate of severe budget cuts and increased class sizes Red Sandstone Elementary sees increased technology integration in our curriculum as an invaluable tool to maintain and even increase our school’s academic performance. Enclosed you will find an interesting article from the New York Times that serves as an exciting case study of what can be achieved with the integration of technology into the classroom. We are living in a digital age. We must educate our kids to keep up with the times. Used properly, technology will help students acquire skills they need to survive in a complex, highly technological, knowledge-based economy. Red Sandstone Elementary is known as one of the best elementary schools in Eagle County. It is a wonderful community school and a strong anchor keeping kids and families in Vail. However, RSES has seen the effects of the recent budget cuts. Our class sizes have grown to an average of 25 per class and our current kindergarten enrollment looks to be between 25-30 per class. By integrating cutting edge learning technology into our curriculum now we can continue to provide a premier educational experience to the children of Vail. We also see the innovative use of technology in the classroom as an opportunity to differentiate and brand our school for the future. 11. How does your request support item 1C of the contribution policy? If granted, our request will allow Red Sandstone Elementary, Vail’s community school, to provide a superior level of education to our local kids. In addition, an exceptional school is a community treasure. It will attract families to Vail and help maintain real estate values. There is no better way to positively affect the future health of our resort community that to offer an excellent education to our future community leaders. Thank you for your thoughtful consideration of our request to integrate learning technology in to the curriculum at Red Sandstone Elementary. We feel this program will set Red Sandstone Elementary apart from the other schools in the Valley as well as help to combat the current reality of increased class sizes and diminished school funding. 12/4/2012 APPLICATION FOR TOWN OF VAIL FUNDING 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? Fundraising events and private donations. 13. Organization’s Mission Statement The Red Sandstone Elementary School PTO is a nonprofit parent/teacher organization whose mission is to provide resources that are not available in the district budget but are deemed vital to the support and education of our children. Parents, teachers, and administrators work collaboratively to help the PTO raise funds for supplemental educational materials and experiences, offer assistance to teachers in the classroom settings, sponsor family events, and provide a non-biased forum to share information on issues that impact our children. Red Sandstone’s PTO exists to create a better school and community environment for all. 12/4/2012 APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet Assets Cash $56,748.79 EFEC Account $10,955.00 Total Assets $67,703.79 Liabilities Total Liabilities $ 0.00 Net Worth Net Worth $67,703.79 Statement of Sources and Uses Income WWD $16,921.00 Fundraising $45,504.15 Grants $ 7,376.57 Total Income $69,801.72 Expenses Total Expenses $28,423.07 Net Income Net Income $41,378.65 RELATED ED-TECH ARTICLES http://www.quora.com/How-can-digital-technology-really-help-in-learning-and- education http://www.edutopia.org/technology-integration-digital-divide-scroggs http://www.nytimes.com/2012/02/13/education/mooresville-school-district-a-laptop- success-story.html?pagewanted=all 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 APPLICATION FOR TOWN OF VAIL FUNDING 1. Name of organization: Ski & Snowboard Club Vail 2. Contact person: Emmy Hoyt 3. Mailing address: 598 Vail Valley Drive, Vail, CO 81657 4. Telephone: 970.790.5122 5. E-mail address: ehoyt@skiclubvail.org 6. Members and Titles of your governing board: Glenn Davis – Chairman; Aldo Radamus – Executive Director; Jeff Kirwood – Vice Chairman; Phil Hoversten – Treasurer; David Viele – Secretary; Ken Deline; Phil Duff; Ceil Folz; John Garnsey; Brad Ghent; James Harding; Tim Itin; John Keane; Kaia Moritz; Steve Santamaria; Lindsey Vonn 7. Amount of contribution requested: Four days’ complimentary usage of Dobson Ice Arena for SSCV’s 44th Annual Ski & Snowboard Swap: October 24 – 27, 2013. 8. Organization fiscal year-end: April 30 9. Are your books audited? Yes, however, the FY12 audit is not complete. 10. How will the contribution be used? Dobson Ice Arena has housed SSCV’s Ski & Snowboard Swap for many years and is integral to the event’s success. The Swap is one of SSCV’s largest annual fundraisers and allows SSCV to keep its programs more affordable and accessible for our community. SSCV is a non-profit organization and must raise nearly 1/3 of its operating budget each year, approximately $800,000 for the current fiscal year. 11. How does your request support item 1C of the contribution policy? The Swap, during the fall off-season, annually attracts over 5,000 attendees to the Town of Vail. The SSCV Swap is one of the largest and oldest events of its kind and provides a valuable amenity to both locals and visitors. The Swap represents a tremendous wave of excitement with the promise that ski season is soon to follow, and local businesses also benefit from the swap’s draw during an otherwise a slow time of year. Through online advertising, including social media, SSCV has improved the exposure of the Swap on the front range in an effort to increase the event’s reach and draw more visitors. SSCV will continue to market the event on the front range for the 2013 event. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? 66% - program fees and earned event income 29% - fundraising events 5% - donations/grants 13. Organization's mission statement: To provide youth the opportunity for character growth and excellence through athletics. 12/4/2012 12/4/2012 May '12 - Apr 13 Ordinary Income/Expense Income 4000 · Program Revenue 2,381,444.00 4100 · Camps (Net)64,000.00 4300 · Guest Training 46,500.00 4400 · Memberships 34,450.00 4500 · Other Income 998,470.20 Total Income 3,524,864.20 Cost of Goods Sold 7000 · Cost of Goods Sold 14,000.00 Total COGS 14,000.00 Gross Profit 3,510,864.20 Expense 7100 · Scholarships Awarded (net)145,000.00 7210 · Telephone 15,700.00 7212 · Equipment Expense 24,250.00 7300 · Auto Expense 20,000.00 7400 · Discounts 162,750.00 7500 · Payroll Expenses & Related 2,355,522.03 7600 · Travel 80,250.00 8000 · Other Expenses 533,310.66 Total Expense 3,336,782.69 Net Ordinary Income 174,081.51 Other Income/Expense Other Expense 8350 · Unallocated Reserves 60,000.00 8500 · Contingency Fund 15,000.00 9000 · 403(b)7 Matching Funds 60,000.00 9005 · Bonus Reserve 40,000.00 Total Other Expense 175,000.00 Net Other Income -175,000.00 Net Income -918.49 4:11 PM Ski & Snowboard Club Vail 06/28/12 Profit & Loss Budget Overview Accrual Basis May 2012 through April 2013 Page 1 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 1 PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: SOS Outreach 2. Contact person: Seth Ehrlich 3. Mailing address: P.O. Box 2020, Avon CO 81620 4. Telephone: 970.926.9292 5. E-mail address: Seth@sosoutreach.org 6. Members and Titles of your governing board: See attached 7. Amount of contribution requested: 35 single day parking vouchers 8. Organization fiscal year-end: July 1, 2013 9. Are your books audited? Yes 10. How will the contribution be used? The requested 35 parking vouchers will be used in conjunction with SOS’s winter skiing and snowboarding programs that take place at Vail Mountain. SOS anticipates serving 450 at-risk and underserved youth at Vail Mountain during the 2013/2014 season. Kids enrolled with SOS programs are outfitted with all the necessary gear to safely participate in activities taking place during program days. In the winter this gear includes gloves, coats, pants, hats, etc. for 20-30 kids each session. Parking vouchers will reduce the time spent by Program Coordinators hauling gear to-and-from the mountain and further enhance the program quality for participating youth. 11. How does your request support item 1C of the contribution policy? SOS programs combine outdoor recreation with service learning, and leadership development. These active sports and leadership programs offer a positive outlet to at-risk youth in the community. Studies have shown that youth with risk factors in their lives are more likely to use drugs and alcohol, are more prone to suicide or teen pregnancy and are more likely to drop out of school or resort to violence. By offering programs that enhance self-esteem and promote positive decision making, SOS reduces the likelihood of involved youth engaging in these harmful behaviors, resulting in healthier youth and a stronger community. SOS programs are unique in that they use the popular appeal of adventure sports that are central to the Vail Valley lifestyle to engage participants. SOS pairs outdoor activities with character development techniques using the SOS Core Values; Courage, Discipline, Integrity, Wisdom, and Compassion. SOS students are also required to complete service projects, giving them opportunities to participate as active and giving members of their community. By creating a culture of giving back, SOS helps to instill the value and importance of a strong community in the youth. SOS partners with most of the schools in the Vail Valley, as well as schools in Denver, to ensure that the kids served through programs are those who can benefit most from the structure and consistency of the 12/4/2012 2 SOS Core Value Curriculum. In the 2011/2012 season 159 youth from the Vail Valley and 318 youth from metro-Denver participated in SOS programs at Vail Mountain. 12. Who currently funds your organization? To promote the organization’s success through its significant growth, SOS Outreach continues to diversify its funding. Researching new foundations, producing additional events and strengthening relationships with corporate donors are three primary strategies being pursued. Additionally, in-kind contributions totaled $2,040,725 during the 2011/12 fiscal year. Every dollar donated is leveraged nearly three times through in-kind support. SOS Outreach programs would not be possible without the significant support from corporations that donate gear, outerwear, lift tickets, lessons, and rental equipment to make both summer and winter programs possible. Among other funding, SOS qualifies for an AmeriCorps*VISTA grant. This grant allows SOS to increase staffing resources to successfully implement programs nationwide. VISTA members focus on curriculum and resource development to promote the organization’s sustainability moving forward. To meet long-term funding requirements, SOS recognizes a significant opportunity in developing more events and expanding strategic relationships with foundations and corporations. SOS also initiated a donor engagement strategy that promotes individual fundraising for SOS through the annual Friends of SOS Pledge Campaign. 13. Organization's mission statement: SOS Outreach promotes positive decision making in youth for successful life experiences. As a youth development organization SOS uses outdoor adventure sports as the platform for a leadership and character development curriculum for at-risk and underserved youth. Each of these adventure sports is designed to foster self-confidence, cultivate life skills and demonstrate to students the importance of giving back to the community. In SOS participants learn leadership skills, and understand the meaning of the SOS Core Values (Courage, Discipline, Integrity, Wisdom and Compassion). SOS provides progressive opportunities for youth through outdoor programs. Each program offers a value-based leadership curriculum that promotes self-respect, positive relationships, social skills, and positive values all while participating in outdoor adventure sports. Many programs bring inner-city kids from Denver up to the Vail Valley to experience outdoor activities and snow sports while learning the SOS leadership curriculum. SOS has developed a year-round, intensive experience that integrates summer and winter activities with continuous adult mentoring and service learning. 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 Town of Vail Funding Application 1. Name of Organization: Colorado Fourteeners Initiative 2. Contact person: Lloyd F. Athearn, Executive Director 3. Mailing Address: 1600 Jackson St, Suite 352, Golden, Colorado 80401. 4. Telephone: (303) 278-7650 5. Email address: cfi@14ers.org 6. Members and titles of government board: Nate Palmer, Chairman [Managing Director, The PrivateBank and Trust Company, Denver, CO] Jim Schoettler, Vice-Chairman [Entrepreneur, Denver, CO] Jerry Anderson, Treasurer [Team Lead, Revenue Accounting & Compliance, Encana Oil & Gas, Highlands Ranch, CO] Lisa Mattis, Secretary [Executive Director, Big City Mountaineers, Denver, CO] Wendy Boutin [Retired, DPC Development Company, Cherry Hills Village, CO] Kathleen Brennan [Nonprofit Executive, Denver, CO] Warren Buettner [President, Crestone Properties, LLC, Silverthorne, CO] Steve Dayney [CEO, RePower USA, Denver, CO] Mandy Hughes [Fundraising Consultant, Denver, CO] Alice Jennison [Owner, Forget-Me-Not Design, Denver, CO] Norbert Klebl [President - Cottonwood Park/Managing Director - Virgin Cove Resort, Boulder, CO] Tim Leddy [Principal Consultant, New Perspective Consulting Group/Adjunct Professor, University of Denver, Boulder, CO] Matt McConnell [Technology Entrepreneur/Adjunct Professor, University of Denver, Boulder, CO] Bill Middlebrook [Founder, 14ers.com, Breckenridge, CO] Steve Sherwood [Retired, US Forest Service, Region 2 Director of Recreation, Littleton, CO] Mark Soane [Managing General Partner, Appian Ventures, Denver, CO] Anne Vickery [Co-Founder and Chairperson, Indian Peaks Wilderness Area Working Group, Boulder, CO] Marty Zeller [President, Conservation Partners, Inc., Denver, CO] 7. Amount of Contribution Requested: $5,000 8. Organization fiscal year-end: December 31 9. Are books audited? Yes. GAAP-based audit performed annually since 2009 by JDS Professional Group. 10. How will the contribution be used? Funding will be used to help maintain the natural integrity of Mount of the Holy Cross near Minturn, the closest Fourteener peak to the Vail Valley. Major trail reconstruction has been under way over the past two years and will continue through late September 2012. This is designed to make this popular summit 12/4/2012 route easier to follow, lessen the chance that hikers get off route, and protect the fragile alpine tundra ecosystems that border the trail from trampling and death due to hikers getting off route. With major route reconstruction and campsite closure/restoration and new campsite designation on and near Holy Cross anticipated to be completed in late 2012, work in 2013 will focus on educating hikers about the new camping regulations. This will include updating the trailhead kiosk panels and recruiting, training and managing volunteer Peak Stewards who will have an intensive presence in the area in 2013 to assist in compliance with the campsite closures and new designated campsites. 11. How does request support 1C of the contribution policy? Quite simply, the Fourteeners are among the most sought-after summer/fall recreational pursuits in all of Colorado. People come from across the country (and the world) to climb these high peaks and revel in their unique alpine tundra plant ecosystems. Mount of the Holy Cross in particular has been a world- wide destination for more than a century. Ensuring that the hiking trails on the peak are properly constructed in sustainable locations with proper design and durable construction will ensure they can handle the high level of traffic they currently receive. If physical resource protection efforts are unsuccessful, it is likely that the Forest Service may need to restrict access, something that would be detrimental to the tourism economy of Colorado and the nearby Vail Valley. Support from the Town of Vail will help CFI protect the physical resource, offer residents opportunities to give back through service projects and educational efforts, and will ensure Mount of the Holy Cross is a crown jewel of the local recreational economy. 12. Sources of funding. From CFI’s last completed fiscal year (2011): Foundations: 38%, Individuals: 24%, Government Grants: 24% (Principally competitive Colorado State Trails Program grants and US Forest Service partner support), Corporations: 13%, Other Income: 1% 13. Organization’s mission statement: Colorado Fourteeners Initiative preserves and protects the natural integrity of Colorado’s 14,000-foot mountains through active stewardship and public education. 12/4/2012 12/4/2012 Application for Town of Vail Funding Statement of Sources and Uses 2012 Budget Revenues: Foundations: $314,099 National Forest Foundation ($135,000) Gates Family Foundation ($50,000) Xcel Energy Foundation ($15,000) Aspen Skiing Environment Foundation ($12,000) Summit Foundation ($6,000) Government Grants: $282,988 Colorado State Trails Program ($170,625) US Forest Service ($106,363) City of Aspen ($3,000) Pitkin County ($3,000) Individuals: $179,000 Corporations: $ 48,500 REI, Inc. ($15,000) Backcountry.com ($10,000) Kaiser Permanente ($6,000) The PrivateBank and Trust Company ($2,500) Booz Allen Hamilton ($2,000) Osprey Packs ($1,000) Total Budgeted Revenues $818,587 Expenses Trail Reconstruction Projects $311,627 Mount of the Holy Cross North Maroon Peak San Luis Peak Trail Maintenance $195,496 Roving Backcountry Crew Adopt-a-Peak Volunteer Crew Hiker Education/Outreach $ 10,855 Programs (General) $ 86,230 Marketing/Development $ 90,198 Administration $160,246 Total Budgeted Expenses $854,652 Net ($ 36,065) 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 1 APPLICATION FOR TOWN OF VAIL FUNDING Submitted June 29, 2012 by Betty Ford Alpine Gardens 1. Name of organization: Betty Ford Alpine Gardens (BFAG) 2. Contact person: Sandy Gregorak, Development Director of Betty Ford Alpine Gardens 3. Mailing address: 183 Gore Creek Drive, Vail, CO 81657, Suite 7 4. Telephone: 476-0103 x 5 5. E-Mail address: sandy@bettyfordalpinegardens.org 6. Members and Titles of your governing board: Betty Ford Alpine Gardens is governed by a volunteer Board of Trustees. Members of the Gardens’ Executive Board carry out the direct governance of and fiduciary responsibilities for the organization, while members of the Sustaining and Program Boards serve in an advisory capacity. The 2012 Board of Trustees Betty Ford, Honorary Director in Memoriam Helen Fritch, President Emerita Liz Paxson, President - Executive Board Bob Fritch, Treasurer - Executive Board Gwen Scalpello, Secretary - Executive Board and Program Board Susan Ford Bales - Executive Board Sheika Gramshammer - Executive Board Margaret Rogers - Executive Board Sharon Sweeney - Executive Board June Vanourek - Executive Board Allie Coppeak - Sustaining Board Pat Frechette - Sustaining Board Deane Hall - Sustaining Board Seeme Hasan - Sustaining Board Martha Head - Sustaining Board Argie Tang - Sustaining Board Jacki Allen- Benson - Program Board 7. Amount of contribution requested: (a) We request $100,000 for general operations; and (b) We request that the Town of Vail maintain the two designated parking spaces we have been allowed in the past, located in the lot at the upper bench of Ford Park. 8. Organization fiscal year-end: September 30, 2012. 12/4/2012 2 9. Are your books audited? Yes, by McMahon & Associates. 10. How will the contribution be used? The requested funds will be used for the many activities and functions that comprise the operations of Betty Ford Alpine Gardens. Before describing the details of those operations (see below) it is important to explain that our request for increased funding from the Town is not simply a matter of the inevitable rise in the costs associated with operating a world-class high altitude botanic garden. Our request for funding at the $100,000 level goes to a more fundamental set of issues. Specifically, the funding historically granted to the Gardens by the Town of Vail has not matched the level of municipal funding received by most similarly situated organizations, public botanic gardens in particular. Betty Ford Alpine Gardens has long been one of Vail’s most popular and acclaimed amenities, located on property owned by the Town. For almost 25 years the Gardens has served the local community in a myriad of ways, and has drawn people from around the country and the world because of its stature as an award-winning and important botanic garden. For these reasons alone, the Gardens has earned the recognition it asks for through an increased level of support. Moreover, in the last 18 months our organization has garnered fundraising and endowment-building achievements that, together with marked increases in the proceeds from our nonprofit gift shops, have laid the groundwork for a solid level of financial stability. As a result we are now positioned to look forward to the future generations who will enjoy and learn from the Gardens. Increased funding from the Town would enhance our financial base and help us to ensure our future sustainability. It is our hope that in addition to our partnership with our individual donors, our partnership with the Town of Vail will ensure that the Gardens continues to be recognized as one of the country’s foremost botanic gardens, one of the Town’s favorite amenities, and one of Vail’s richest cultural and scientific gems for generations to come. The following paragraphs will address in further detail some of the points discussed above. A. Betty Ford Alpine Gardens is One of Vail’s Most Important Amenities. The Gardens draws upwards of 100,000 visitors each year – people who come to Vail specifically to visit Betty Ford Alpine Gardens for its beauty and also because of its reputation as important and award-winning botanic garden. In addition to being a place of extraordinary beauty and tranquility, the Gardens is a living laboratory for study and research related to species preservation, global climate issues, and all aspects of environmental responsibility and stewardship occur. These visitors who come from all over the United States and the world specifically to experience Betty Ford Alpine Gardens directly infuse $11 million into Vail’s economy: once their visit to the Gardens has concluded, they shop in Vail’s retail stores and galleries, they eat at Vail’s restaurants, and they often spend the night in one of Vail’s many fine accommodations. (This data is from the 2010 economic impact study prepared for the Vail Valley Foundation by RRC Associates). The study showed that 16% of those who came to Vail in the summer made a point of visiting the Gardens, a higher percentage than those who attended a performing arts event (12.6%) or other events at Ford Amphitheatre (9%). The direct and substantial economic impart of the Gardens is clear. B. Betty Ford Alpine Gardens Is the Steward of Town-Owned Property. Unlike other nonprofit organizations that request Town funding, Betty Ford Alpine Gardens is located on and cares for Town- owned land. The Gardens do much more than simply maintain their leased portion of Ford Park; over the course of almost 25 years, the Gardens has cultivated and enhanced the land, creating an extraordinarily beautiful place that offers the kind of experience that people expect in a world-class resort community. Were it not for the Gardens, the responsibility for the care, maintenance, operations and beautification of this land would fall to the Town. That cost is not insignificant. Even when excluding the cost of running our two gift shops, the annual operating costs of the Gardens exceeds $300,000. As a result, we are in a fairly unique situation compared with most of the other nonprofits seeking Town of Vail funding. 12/4/2012 3 Many public gardens that are located on municipal property receive the majority of their annual operating revenue from that municipality. In some cases these public gardens are fully funded by the local government. Examples are Denver Botanic Garden (which in 2010 received 43% of its operational funding from the City of Denver), The Gardens on Spring Creek (which in 2010 received 67% of its operational funding from the City of Ft. Collins), and the Cheyenne Botanic Garden in Cheyenne, WY (which is 100% funded by the City of Cheyenne). Many people believe that the Town funds the bulk of the Gardens’ annual operations. Our budget for FY2012 reflects total operating revenues of $565,226; the grant from the Town of Vail of $65,620 for operations equates to approximately 12% of those operating funds. (Note: Town of Vail also granted us $20,000 in restricted capital funds in the last grant cycle. If that amount were added in as unrestricted operational funds ($85,620) the percentage of total operating revenue from the Town would be approximately 15%.) Betty Ford Alpine Gardens, like the gardens mentioned above, is located on municipal property and seeks appropriate funding for the care, maintenance and enhancement of the property it leases from the Town of Vail. The following paragraphs describe some of the uses to which we would put any operational funds granted to us by the Town. Anticipated Uses of Granted Funds Granted funds will be used for the many tasks, materials and manpower that go into the operation and maintenance of an award-winning, nationally recognized botanic garden. These funds will be used for all aspects of garden maintenance and enhancement. This will include replacing plant material when needed; re-planting in various sections of the Gardens as determined by our Head Gardener and our Director Nicola Ripley; and acquiring new plant material either to replace lost or damaged plants or to further enhance the beauty of the Gardens while also augmenting the scope of its collection of alpine species. Operational funding also will be used for our educational mission. Uses include creating and/or replacing the educational and interpretive material located throughout the Gardens; maintaining our extensive plant labeling system; and maintaining and updating our researchable plant collection database which currently includes over 3,000 alpine species from the Rocky Mountains and other mountainous regions of the world. As an integral part of our mission as a botanic garden, we have established educational programs for both children and adults that are very environmentally focused. Granted funds will be used for new or replacement program materials and supplies for the kinds of hands-on experiences that will engage participants, making them more aware of and sensitive to their natural surroundings and enhancing their environmental awareness, literacy and stewardship. Funds will also be used for our Horticultural Therapy Programs that are designed for at-risk children, as well as individuals undergoing cancer treatment, cancer survivors, and their family members. As to any of the programs we provide to the public, our goal to continue to improve upon them and to expand our offerings whenever possible. 11. How does your request support item 1C of the TOV contribution policy? Betty Ford Alpine Gardens’ mission and contribution to the community is in strong alignment with the Town’s mission in the following ways: A Premier Mountain Resort Community: Betty Ford Alpine Gardens is a nationally and internationally recognized botanic garden hosting 100,000 visitors each summer. Conserving plants of the American West, it is our mission to inspire passion for plants in high altitude communities through beautification, conservation, education and research. Our realized vision is to be recognized as the foremost authority on high altitude plants in natural and cultivated landscapes in the Rocky Mountain Region. We believe our vision compliments the Town’s desire to be considered 12/4/2012 4 by all current and potential stakeholders, as a resort community whose name is synonymous with excellence. Committed To Providing Citizens and Guests With A Superior Level of Environmentally-Sensitive Services: Betty Ford Alpine Gardens’ gates are open free to everyone visiting our Valley. Each week during the summer we offer hands-on children’s environmental education programs that inspire curiosity and encourage participants to treat our landscape in an environmentally respectful manner. These programs are offered to locals and tourists alike, and are well advertised so that we are able to reach approximately 1,200 youth annually. Each year we partner with other like-minded environmental organizations for our conservation and research programs. Our partners have included the Bureau of Land Management, the U.S. Forest Service, U.S. Fish and Wildlife, and the Nature Conservancy. In 2010 the North American Plant Collections Consortium of the American Public Gardens Association designated Betty Ford Alpine Gardens as the National Alpine Plant Collection of Colorado. This is a significant honor which anchors Vail as a destination site to view this nationally appointed plant collection. Other recent awards that are equally important to us include our selection in 2011 as one of three finalists for the 2011 El Pomar Foundation “Award for Excellence,” given to the top nonprofit organization in Colorado engaged in environmental issues, and in 2009 being named the winner of the “Garden of Excellence Award” by the American Public Gardens Association and Horticulture Magazine. Offering an Abundance of Recreational, Educational and Cultural Opportunities: Betty Ford Alpine Gardens is a uniquely wonderful place to visit with something to delight, amaze and educate people of all ages. Our exhibits change constantly. We inspire people to do great things by providing quiet space for meditation and reflection. The Gardens is a living museum that teaches people to appreciate high altitude plants and their role in preserving our mountain culture. We are experts in the field of horticulture, plant science and conservation, and we share that knowledge with our visitors. Again this year we are offering events and programs to attract visitors and spread our environmental message, including: • Children’s education programs • Horticultural Therapy programs • Artists in the Gardens • Wildflower hikes • Tours of the Gardens by volunteer docents 3 times weekly • Discovery boxes filled with educational activities for kids • Music in the Gardens (in collaboration with Bravo!) • Yoga in the Gardens • Chefs in the Gardens Betty Ford Alpine Gardens matters to the local and tourist community because we: • Educate people of all ages about high altitude plants. • Work to conserve endangered plant species by research and monitoring. • Reach out to young people and provide an inspiring space to learn. • Positively impact the local economy ($11 million annually). • Awaken and nurture an affinity for the beauty of the Rocky Mountains and the natural world as a whole. • Offer tourists a unique and ever-changing botanic garden display (which encourages return visits), provide a pleasant shopping experience at our two retail gift shops, and encourage local citizens to beautify their yards while teaching them about water-conservative practices. 12/4/2012 5 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? Our current annual operating budget is attached as a separate sheet. The attached budget reflects operating income of $565,226, of which the Town of Vail currently has contributed $65,620. The attachment shows a breakdown of the Gardens’ different sources of operating income. In addition, approximately 50 volunteers contribute over 2000 hours of service maintaining the Gardens. This amounts to an in-kind contribution valued by the federal government at $42,720. 13. Organization's mission statement: Betty Ford Alpine Gardens’ Mission Statement Conserving plants of the American West, our mission is to inspire a passion for plants in high altitude communities through beautification, conservation, education, and research programs. Betty Ford Alpine Gardens’ Vision Our vision is to be recognized as the foremost authority on high altitude plants in natural and cultivated landscapes in the Rocky Mountain region and similar environments. 12/4/2012 6 Betty Ford Alpine Gardens Balance Sheet Most Recently Completed Fiscal Year (Date: September 30, 2011) Assets: Cash $ 91,642 Endowment $ 405,442 Accounts Receivable $ 0 Gift Shop Inventory $ 45,240 Fixed Assets $1,939,318 (Gardens/plant collections, interpretive displays, office equipment, library gift shop in Vail Village) Total Assets: $2,481,642 Liabilities & Equity: Accounts Payable $ 358 Payroll Liabilities $ 6,987 Sales Tax Payable $ 1,500 Total Liabilities $ 8,845 Equity $2,334,032 Net Liabilities and Equity $2,342,877 12/4/2012 7 Betty Ford Alpine Gardens Statement of Sources and Uses Current Fiscal Year Budget (October 2011 – September 2012) Revenues: Annual Membership $ 64,050 Garden Donation Boxes $ 13,796 Individual Donations $ 85,400 Operating Grants $ 19,000 TOV Grant $ 65,620 Facility Use, Tours $ 13,000 Events $ 24,000 Gift shops $ 280,361 Total Revenue $ 565,227.00 Expenses: Gardens $ 75,290 Education & Programs $ 50,137 Administration & Staff $104,244 Outreach/Development $ 79,245 Gift shops $242,086 Total Expenses $ 551,002.00 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 12/4/2012 1 APPLICATION FOR TOWN OF VAIL FUNDING Eagle Valley Alliance for Sustainability 2013 Funding Request 1. Name of organization: Eagle Valley Alliance for Sustainability 2. Contact person: Tracy Andersen, Executive Director 3. Mailing address: PO Box 4923, Vail, CO 81658 4. Telephone: 970-827-9999 5. E-mail address: tracy@eaglevalleyalliance.org 6. Members and Titles of your governing board: Megan Gilman, President – Active Energies Principal Matt Teeters, Treasurer – Alpine Bank Vice President Craig Tate, Secretary – Holy Cross Energy Commercial Programs Manager Kristen Bertuglia – Town of Vail Sustainability Coordinator Chris Romer – Vail Valley Partnership Director Jim Guida – Guida Construction Cassie Pence – Organic Housekeepers Rebecca Hollister – Roundhouse Design Fritz Bratschie – Vail Resorts Mercedes Quesada-Embid – Colorado Mountain College Professor 7. Amount of contribution requested: $6,000 8. Organization fiscal year-end: December 31, 2012 9. Are your books audited? No, but we plan to have McMahon and Associates do a financial review in August, 2012. 10. How will the contribution be used? The contribution will be used to promote environmental programs that directly benefit the Town of Vail, including Vail’s residents, visitors and businesses. Specific programs include fiscal support of the West Vail Community Garden, Zero Waste facilitation at large events, recycling/composting education and outreach, an annual e-waste collection event, assistance in developing Vail’s sustainable building initiative, support of Vail’s proposed plastic bag ordinance, and organization of the annual “Big Green Think” conference in Vail to support sustainability and energy efficiency in the hospitality sector. • West Vail Community Gardens – The Alliance is serving as the fiscal agent for the garden project, now in its second growing season. This allows donors to make tax-deductible donations by utilizing our nonprofit status. Additionally, we advertise the various garden events in our newsletters and serve on the education committee. We will continue our leadership role, ultimately resulting in increased resident and youth education on gardening, local food and composting. • Waste Diversion: Town of Vail events – The Alliance is currently managing ZERO WASTE stations at large town events, including the Taste of Vail and the Vail Farmers’ Markets. Alliance volunteers are staffing 10 waste diversion tents to educate the public about composting/recycling and facilitating waste diversion to reduce landfill waste. 12/4/2012 2 • Recycling/composting Education and Outreach – The Alliance continues to provide recycling and composting education and outreach in Vail through our zero waste initiative, website, social media and educational events. The executive director was at Red Sandstone elementary school this spring and presented programs on recycling and worm composting for the third graders. She left worm bins for use in each third grade classroom. Additionally, the Alliance responds to phone calls and emails from Vail residents and guests with recycling/waste reduction questions. • Sustainable Building Initiative – The Alliance serves on the committee that is charged with updating building codes and thus promoting environmental sustainability and energy efficiency. • Sustainable Lodging Summit, October, 2010 - 2012. The Eagle Valley Alliance for Sustainability, in conjunction with the Vail Valley Partnership hosts an annual “Big Green Think” in Vail designed to help businesses, particularly in the hospitality sector, adopt and embrace sustainable practices that are environmentally friendly as well as economically beneficial. • Proposed Plastic Bag Ordinance Support – The Alliance has supported the town of Vail in garnering support for a bag ordinance by providing information to the Vail Daily, and through our newsletters, social media, website, and educational events. • Annual E-waste Event – In partnership with the Town of Vail, the Alliance promotes and advertises an e- waste event in Vail each year to collect used computers and electronics and recycle them in a responsible manner. The Alliance also hosts e-waste collection events in both Edwards and Eagle for community residents. • Energy Events and Programs – The Alliance recently wrapped up a grant that helped 25 Eagle Valley businesses, including several in Vail, save energy through our Energy Smart Business Program. We are currently looking for funding to continue this program. 11. How does your request support item 1C of the contribution policy? The proposal from the Eagle Valley Alliance for Sustainability aligns with the Town’s contribution policies because we are providing significant services directly to Vail residents, guests and businesses. Further, our programs are aimed at protecting the environment and reducing landfill waste, which supports the Town’s mission statement to provide citizens and guests with environmentally-sensitive services. We further promote the town of Vail as a leader in waste diversion and environmental stewardship. The Alliance has been promoting sustainable practices in waste diversion, energy efficiency and renewable power, green building, and sustainable food since our inception in 2001. We also provide educational programs for kids and adults in Eagle County, including area schools. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? Eagle County government and Holy Cross Energy are our largest annual funders. We recently finished grants from the USDA, Governor’s Energy Office, and Vail Resorts Echo. We also receive individual and business donations through our membership and other programs. We also provide a fee for service to the county for our Energy Smart Services. 13. Organization's mission statement: The Eagle Valley Alliance for Sustainability fosters alignment of community and environment through leadership, education, advocacy and service. 12/4/2012 3 APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet 6/28/12 Cash Basis ASSETS Current Assets Checking/Savings $ 106,057 Total Current Assets $ 106,057 Other Assets $ 467 TOTAL ASSETS $ 106,524 LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities $ 2,855 Total Current Liabilities $ 2,855 Total Liabilities $ 2,855 Equity $ 103,669 TOTAL LIABILITIES & EQUITY $ 106,524 12/4/2012 4 APPLICATION FOR TOWN OF VAIL FUNDING Statement of Sources and Uses Instructions: Round all figures to the nearest dollar. Please present as much detail as possible. Current Fiscal Year Budget Revenues: $ 79,000 Unrestricted Grants - Eagle County, Holy Cross Energy $ 47,300 Government Contracts (List by funding source) $ 28,345 Membership, Donations and Events $ 53,000 Restricted Grants – GEO, USDA, Vail Resorts Echo* *Programs funded by these grants include improving green building codes across Eagle Valley, creating a 10-year waste diversion plan for Eagle Valley, signing up businesses in an energy-savings program, and giving school presentations on recycling and composting. Total Revenue $ 207,645 Expenses: $ 202,515 Total Expenses $ Total Revenue minus Expense $ 5,130 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: The Community Development Department will present the four (4) Ever Vail development applications before the Vail Town Council and request action be taken on Resolution No. 35, Series of 2012 and Ordinance Nos. 7, 8 and 9, Series of 2011. The four (4) applications are intended to facilitate the future redevelopment of Ever Vail. Major Subdivision (Resolution No. 35, Series of 2012): A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Rezoning (Ordinance No. 7, Series of 2011): A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right-of-way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011): A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivision, 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): George Ruther Warren Campbell Kendra Carberry ACTION REQUESTED OF COUNCIL: The Planning and Environmental Commission recommends the Vail Town Council approve Resolution No. 35, Series of 2012 and approve Ordinance Nos. 7, 8, and 9, Series of 2011 upon first reading. 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). 12/4/2012 Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5-0-2 (Viele and Cartin recused). Special Development District Amendment: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail Subdivision, by a vote of 4-0-2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12-10-19, Core Areas Identified, Vail Town Code, by a vote of 4-0-2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Resolution No. 35, Series of 2012 and the first reading of Ordinance Nos. 7, 8, and 9, Series of 2011. ATTACHMENTS: TC Cover Memo Resolution No. 35, Series of 2012 Ever Vail Preliminary Plan Ordinance No. 7, Series of 2011 Ever Vail Rezoning First Reading Ordinance No. 8, Sereis of 2011 Ever Vail SDD No. 4 Major Amendment First Reading 120412 Ordinance No. 9, Series of 2011 Ever Vail Commercial Core Parking First Reading 120412 Ever Vail Preliminary Plan and Rezoning PEC Memo and Attachments and Result 011011 Ever Vail SDD No. 4 Amendment PEC Memo and Attachments and Results 012411 PEC Commercial Core Parking Memorandum and Results 011110 12/4/2012 TO: Vail Town Council FROM: Community Development Department DATE: December 4, 2012 SUBJECT: Presentation on the four (4) Ever Vail development applications before the Vail Town Council and request for final review of Resolution No. 35, Series of 2012 and Ordinance Nos. 7, 8 and 9, Series of 2011. I. SUMMARY The Community Development Department will present the four (4) Ever Vail development applications before the Vail Town Council and request that action betaken on the following applications: • Resolution No. 35, series of 2012 - Major subdivision • Ordinance No. 7, Series of 2011 - Zone district boundary amendment (zoning) • Ordinance No. 8, Series of 2011 - SDD No. 4, Cascade Village, major amendment • Ordinance No. 9, Series of 2011 - Prescribed regulations amendment to establish commercial core parking requirements Copies of Resolution No. 35, Series of 2012 and Ordinance Nos. 7, 8, and 9, Series of 2011 are attached for review (Attachments A, B, C, and D). II. MAJOR SUBDIVISION (RESOLUTION NO. 35, SERIES OF 2012) On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, on the Ever Vail Preliminary Plan. The plan proposes to establish Parcels 1 and 2 of the Ever Vail Subdivision and relocate a portion of the South Frontage Road right-of-way by a vote of 5-0-2 (Cartin and Viele recused). A copy of the Planning and Environmental Commission memorandum and the results are attached for Reference (Attachment E). The conditions included with the recommendation of approval were as follows: 1. The applicant shall be required to enter into a subdivider’s agreement with the Town of Vail, which shall detail all elements negotiated between the applicant and the Town prior to the approval of the preliminary plan by the Town Council. 12/4/2012 Town of Vail Page 2 2. This approval for a preliminary plan is contingent upon approval of the associated special development district major amendment application and the adoption of the proposed Lionshead Mixed Use 2 District zoning for the property. 3. The applicant shall submit the final plat for review and approval by January 10, 2012, per Section 13-3-6, Final Plat, Vail Town Code. III. ZONE DISTRICT BOUNDARY AMENDMENT (Ordinance No. 7, Series of 2011) On January 10, 2011 the Planning and Environmental Commission forwarded a recommendation of approval, with conditions of the request to rezone Parcels 1 and 2 of the Ever Vail Subdivision by a vote of 5-0-2 (Cartin and Viele recused). A copy of the Planning and Environmental Commission memorandum and the results are attached for Reference (Attachment E). The conditions included with the recommendation of approval were as follows: 1. Approval of this zone district boundary amendment is contingent upon the applicant obtaining Town of Vail approval of the associated major amendment to a special development district to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village. 2. Approval of this zone district boundary amendment shall only become effective upon recording of the associated Ever Vail Subdivision Final Plat as approved by the Planning and Environmental Commission and the Vail Town Council in accordance with Title 13, Subdivision Regulations, Vail Town Code. IV. SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, MAJOR AMENDMENT (Ordinance No. 8, Series of 2011) On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail Subdivision, by a vote of 4-0-2 (Cartin and Viele recused). A copy of the Planning and Environmental Commission memorandum and the results are attached for Reference (Attachment H). The conditions included with the recommendation of approval were as follows: 1. Approval of this major amendment to a special development district is contingent upon the applicant obtaining Town of Vail approval of the associated request to amend the zone district boundaries of the Town of Vail Official Zoning Map to zone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District. 12/4/2012 Town of Vail Page 3 2. Approval of this major amendment to a special development district shall only become effective upon recording of the associated Ever Vail Subdivision Final Plat as approved by the Planning and Environmental Commission and the Vail Town Council in accordance with Title 13, Subdivision Regulations, Vail Town Code. V. PRESCRIBED REGULATION AMENDMENT TO TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (Ordinance No. 9, Series of 2011) On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with a condition, for a prescribed regulations amendment to Section 12-10-19, Core Areas Identified, Vail Town Code, to allow for the proposed Ever Vail to utilize the parking requirements for commercial core areas, by a vote of 4-0- 2 (Cartin and Viele recused). A copy of the Planning and Environmental Commission memorandum and the results are attached for Reference (Attachment G). The condition included with the recommendation of approval was as follows: 1. That this recommendation for the inclusion of Ever Vail within the commercial core area parking map is contingent upon the approval of the remaining applications which will cause the project to receive its full entitlements. VI. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission recommends the Vail Town Council approves Resolution No. 35, Series of 2012 and the first reading of Ordinance Nos. 7, 8, and 9, Series of 2011. VII. COMMUNITY DEVELOMENT DEPARTMENT RECOMMENDATION Since the Planning and Environmental Commission forwarded their recommendations to the Vail Town Council circumstances have changed. The Vail Town Council, applicant, and staff have discussed the timing, effective date, subdivider agreement, and other elements of the Ever Vail development applications. The Community Development Department believes that the conditions included with each recommendation from the Planning and Environmental Commission have been achieved in Resolution No. 35, Series of 2012 and Ordinance Nos. 7, 8, and 9, Series of 2011. 12/4/2012 Town of Vail Page 4 VIII. ATTACHMENTS A. Resolution No. 35, series of 2012 - Major subdivision B. Ordinance No. 7, Series of 2011 - Zone district boundary amendment (zoning) C. Ordinance No. 8, Series of 2011 - SDD No. 4, Cascade Village, major amendment D. Ordinance No. 9, Series of 2011 - Prescribed regulations amendment to establish commercial core parking requirements E. January 10, 2011 Planning and Environmental Commission memorandum and results F. January 24, 2011 Planning and Environmental Commission memorandum and results G. January 11, 2010 Planning and Environmental Commission memorandum and results 12/4/2012 1 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL PRELIM PLAN-2.DOCX RESOLUTION NO. 35 SERIES OF 2012 A RESOLUTION APPROVING A PRELIMINARY PLAN FOR A MAJOR SUBDIVISION CREATING PARCELS 1 AND 2 OF THE EVER VAIL SUBDIVISION, PURSUANT TO SECTIONS 13-3-4 AND 13-3-5 OF THE VAIL TOWN CODE, SUBJECT TO CERTAIN CONDITIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 13-3-4 of the, Vail Town Code, sets forth the procedures for approval of a preliminary plan for a major subdivision; WHEREAS, the Town has received an application for approval of a preliminary plan for a major subdivision (the "Preliminary Plan") for the property that will be known as Parcels 1 and 2 of the Ever Vail Subdivision, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on January 10, 2011, the Town of Vail Planning and Environmental Commission (the "PEC") held a properly noticed public hearing on the Preliminary Plan; WHEREAS, the applicant and the Town have agreed that final approval of the Preliminary Plan should be made by the Town Council, rather than the PEC, without the necessity of a formal appeal by the Town Council pursuant to Section 13-3-5(C) of the Vail Town Code; WHEREAS, the PEC has forwarded to the Vail Town Council (the "Town Council") a recommendation of approval of the Preliminary Plan, with certain conditions; WHEREAS, when the Frontage Road is relocated, the Final Plat for the Ever Vail Subdivision can be submitted for approval; WHEREAS, the Town Council is willing to provide the applicant with time to relocate the Frontage Road; WHEREAS, the applicant and the Town have discussed the timing of the Frontage Road relocation, and the Town Council finds and determines that eight years is sufficient time to relocate the Frontage Road; and WHEREAS, the applicant and the Town have agreed that the final approval of the Final Plat, when it is submitted for approval, should be made by the Town Council, rather than the PEC, pursuant to Section 13-3-10 of the Vail Town Code, without the necessity of a formal appeal by the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 12/4/2012 2 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL PRELIM PLAN-2.DOCX Section 1. Factors Considered. Pursuant to Section 13-3-4(A) of the Vail Town Code, the Town Council has considered the following factors prior to making its determination on the application for approval of the Preliminary Plan for Parcels 1 and 2 of the Ever Vail Subdivision: a. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Town's comprehensive plan and is compatible with the development objectives of the Town; b. The extent to which the proposed subdivision complies with all of the standards of Titles 12 and 13 of the Vail Town Code; c. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; d. The extent of the effects on the future development of the surrounding area; e. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and f. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; g. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and h. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Section 2. Findings. Pursuant to Section 13-3-4(B) of the Vail Town Code and based on the evidence and testimony presented in consideration of this resolution, the Town Council finds and determines as follows: a. The subdivision is in compliance with the criteria listed in Section 1 hereof; b. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Town's comprehensive plan and compatible with the development objectives of the Town; 12/4/2012 3 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL PRELIM PLAN-2.DOCX c. The subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 3. Approval. Based on the foregoing findings, the Preliminary Plan for the major subdivision of the Property, creating Parcels 1 and 2 of the Ever Vail Subdivision, is hereby approved. Section 4. Final Plat. a. The Final Plat for the Ever Vail Subdivision shall not be approved prior to the relocation of the Frontage Road and compliance with all applicable requirements of the Vail Town Code, including without limitation Section 13-3-14. b. Because the Town Council finds and determines that a reasonable time for the relocation of the Frontage Road is eight years, the Preliminary Plan approval set forth in Section 3 hereof shall not expire until December 31, 2020, in lieu of the one-year expiration set forth in Section 13-3-6(A) of the Vail Town Code . Prior to December 31, 2020, the applicant shall obtain approval of the Final Plat for the Ever Vail Subdivision pursuant to Title 13 of the Vail Town Code, or the Preliminary Plan approval set forth in this resolution shall expire without any further action of the PEC or the Town Council. c. If the Final Plat is consistent with the Preliminary Plan, the final approval of the Final Plat shall be made by the Town Council, rather than the PEC, without the necessity of a formal appeal by the Town Council pursuant to Section 13-3-10 of the Vail Town Code. The Town Council’s consideration of the Final Plat shall occur at a public hearing, and no hearing before the PEC shall be required. The criteria for approval of the Final Plat shall be as set forth in Section 13-3-7 of the Vail Town Code. d. If the Final Plat is inconsistent with the Preliminary Plan, the Final Plat shall be submitted to the PEC first, pursuant to Section 13-3-9 of the Vail Town Code, and the PEC shall make a recommendation to the Town Council. The Town Council shall consider the Final Plat without the necessity of a formal appeal pursuant to Section 13-3-10 of the Vail Town Code. The Town Council’s consideration of the Final Plat shall occur at a public hearing, and the criteria for approval of the Final Plat shall be as set forth in Section 13-3-7 of the Vail Town Code. 12/4/2012 4 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL PRELIM PLAN-2.DOCX INTRODUCED, PASSED AND ADOPTED this 18th day of December, 2012. _______________________________ Andy P. Daly, Mayor ATTEST: _____________________________ Lorelei Donaldson, Town Clerk 12/4/2012 12/4/2012 1 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL REZONING-3.DOCX ORDINANCE NO. 7 SERIES OF 2011 AN ORDINANCE REZONING PARCELS 1 AND 2 OF THE EVER VAIL SUBDIVISION FROM ARTERIAL BUSINESS AND SPECIAL DEVELOPMENT DISTRICT NO. 4 TO LIONSHEAD MIXED USE 2 PURSUANT TO SECTION 12-3-7 OF THE VAIL TOWN CODE, SUBJECT TO CERTAIN CONDITIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-3-7 of the, Vail Town Code, sets forth the procedures for rezoning property, also known as amending zone district boundaries; WHEREAS, the Town has received an application to rezone the property that will be known as Parcels 1 and 2 of the Ever Vail Subdivision, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the “Property”); WHEREAS, the Property is currently zoned as follows: 862 (Vail Resorts Maintenance Shop) zoned Lionshead Mixed Use 2 ("LMU-2"); 923 (Holy Cross lot) zoned LMU-2; 934 (Amoco/BP site) zoned LMU-2; 953 (Vail Professional Building) zoned Arterial Business District; 1000 (Glen Lyon Office Building) zoned Special Development District No. 4; and 1031 (Cascade Crossing) zoned Arterial Business District; WHEREAS, on January 10, 2011, the Town of Vail Planning and Environmental Commission (the "PEC") held a properly noticed public hearing on a proposed rezoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, to LMU- 2; WHEREAS, the PEC has forwarded to the Vail Town Council (the "Town Council") a recommendation of approval of the proposed rezoning, with certain conditions; WHEREAS, the rezoning of Parcels 1 and 2 of the Ever Vail Subdivision cannot become effective until the Frontage Road is relocated and the Final Plat for the Ever Vail Subdivision is approved by the Town Council, signed by all required parties and properly recorded with the Eagle County Clerk and Recorder; WHEREAS, the Town Council is willing to provide the applicant with time to relocate the Frontage Road; WHEREAS, the applicant and the Town have discussed the timing of the Frontage Road relocation, and the Town Council finds and determines that eight years is sufficient time to relocate the Frontage Road; and 12/4/2012 2 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL REZONING-3.DOCX WHEREAS, the Town Council finds and determines that, should the Frontage Road not be relocated by December 31, 2020, the rezoning of Parcels 1 and 2 of the Ever Vail Subdivision shall not take effect. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Factors Considered. Pursuant to Section 12-3-7 of the Vail Town Code, the Town Council has considered the following factors prior to making its determination on the application to rezone Parcels 1 and 2 of the Ever Vail Subdivision: a. The extent to which the rezoning is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Town of Vail Comprehensive Plan and is compatible with the development objectives of the Town; b. The extent to which the rezoning amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; c. The extent to which the rezoning presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; d. The extent to which the rezoning provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and e. The extent to which the rezoning results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; f. The extent to which the rezoning is consistent with the purpose statement of the proposed zone district; and g. The extent to which the rezoning demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Section 2. Findings. Pursuant to Section 12-3-7 of the Vail Town Code and based on the evidence and testimony presented in consideration of this ordinance, the Town Council finds and determines as follows: a. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will be necessary to achieve compliance with the Lionshead Redevelopment Master Plan and to achieve the development objectives of the Town; b. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will be consistent with the adopted goals, objectives and policies 12/4/2012 3 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL REZONING-3.DOCX outlined in the Town of Vail Comprehensive Plan and compatible with the development objectives of the Town; c. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will be compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will 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. Section 3. Rezoning. Based on the foregoing findings, and subject to Section 4 hereof, Parcels 1 and 2 of the Ever Vail Subdivision are hereby rezoned to Lionshead Mixed Use 2. Section 4. Condition Precedent and Expiration. The rezoning set forth in Section 3 hereof shall take effect on the date that the Final Plat for the Ever Vail Subdivision, creating Parcels 1 and 2, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat for the Ever Vail Subdivision has not been properly recorded by December 31, 2020, the rezoning set forth in Section 3 hereof shall not take effect. Section 5. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. Effect. The amendment of any provision of the Vail 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. The time period established by Section 5.3(d) of the Vail Town Charter shall commence on the date of adoption of this ordinance by the Town Council. Section 7. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of December, 2012 and a public hearing for second reading of this Ordinance set for the 18th day of December, 12/4/2012 4 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL REZONING-3.DOCX 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _______________________________ Andy P. Daly, Mayor ATTEST: _____________________________ Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of December, 2012. _____________________________ Andy P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk 12/4/2012 I 7 0 S F R O N T A G E R D W N F R O N T A G E R D W V AIL VIE W D R L I O N S R I D G E L O O P W F O R E S T R D RED SANDSTONE RD SANDSTONE DR I 7 0 I !!!! !!!!! Ever Vail 0 125 250Feet E v e r V a i lEver V a i l P r o p o s e d C h a n g e s t o Z o n i n gProposed C h a n g e s t o Z o n i n g This map was crea ted b y th e Town of Vail GIS Tea m. Use of this map sh ould be for ge neral p urp ose s only. The Town o f Vail do es not warran t the accuracy of the information contained herein.(whe re sh own, parcel line wo rk is app ro ximate ) Last Modified: November 16, 2012 Existing Zoning Li onshead Mixed U se 2 (LM U-2) Arterial B usi ness (ABD ) Not D esignated Special Developm ent District No. 4 I 7 0 S F R O N T A G E R D W N F R O N T A G E R D W V AIL VIE W D R L I O N S R I D G E L O O P W F O R E S T R D RED SANDSTONE RD SANDSTONE DR I 7 0 Pr oposed Zoning Lionshead Mixed U se 2 (LMU -2) 12/4/2012 1 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL SDD-3.DOC ORDINANCE NO. 8 SERIES OF 2011 AN ORDINANCE AMENDING ORDINANCE NO. 5, SERIES OF 2008, CASCADE VILLAGE, TO REMOVE DEVELOPMENT AREA D FROM SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, PURSUANT TO SECTION 12-9A-10 OF THE VAIL TOWN CODE, SUBJECT TO CERTAIN CONDITIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; WHEREAS, Ordinance No. 5, Series of 1976 adopted Special Development District No. 4, Cascade Village ("SDD No. 4"); WHEREAS, Resolution No. 19, Series of 2008 changed the land use designation for Development Area D to Lionshead Redevelopment Master Plan in the Vail Land Use Plan; WHEREAS, Resolution No. 26, Series of 2008 adopted site specific recommendations for Development Area D within the Lionshead Redevelopment Master Plan; WHEREAS, the proposed Ever Vail Subdivision will incorporate Development Area D; WHEREAS, on January 24, 2011, after a properly noticed public hearing, the Town of Vail Planning and Environmental Commission recommended approval of the amendments to SDD No. 4; WHEREAS, the removal of Development Area D from SDD No. 4 cannot take effect until the Frontage Road is relocated and the Final Plat for the Ever Vail Subdivision is approved by the Town Council, signed by all required parties and properly recorded with the Eagle County Clerk and Recorder; WHEREAS, the Town Council is willing to provide the applicant with time to relocate the Frontage Road; WHEREAS, the applicant and the Town have discussed the timing of the Frontage Road relocation, and the Town Council finds and determines that eight years is sufficient time to relocate the Frontage Road; and 12/4/2012 2 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL SDD-3.DOC WHEREAS, the Town Council finds and determines that, should the Frontage Road not be relocated by December 31, 2020, the removal of Development Area D from SDD No. 4 shall not take effect. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. Pursuant to Section 12-9A-10 of the Vail Town Code and based on the evidence and testimony presented in consideration of this ordinance, the Vail Town Council (the "Town Council") hereby finds and determines as follows: a. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled; b. The proposed amendment to SDD No. 4 meets the Town's development objectives as identified in the Vail Comprehensive Plan; c. SDD No. 4 should be amended to achieve compliance with the Lionshead Redevelopment Master Plan; d. The proposed amendment to SDD No. 4 complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code; e. The proposed amendment to SDD No. 4 is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; f. The proposed amendment to SDD No. 4 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; and g. It is in the best interest of the public health, safety, and welfare to amend SDD No. 4 to remove Development Area D, so that Development Area D can become a part of the Ever Vail Subdivision when that subdivision is created. Section 2. Amendment. Subject to Section 3 hereof, Ordinance No. 5, Series of 2008, is hereby amended to remove Development Area D from SDD No. 4. All provisions of SDD No. 4 not expressly amended in this Ordinance shall remain in full force and effect. Specifically, SDD No. 4 shall be amended to read as follows (deletions are shown in strike through/additions are shown in bold): Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 96.155 acres and Special Development District No. 4 and the 97.955 96.155 acres may be referred to as “SDD No. 4.” 12/4/2012 3 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL SDD-3.DOC B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 97.955 96.155 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E.D. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses 12/4/2012 4 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL SDD-3.DOC D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E.D. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Density--Dwelling Units, D. Area D, Glen Lyon Commercial Site. Three dwelling units, two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. Density--Floor Area D. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage B. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 12/4/2012 5 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL SDD-3.DOC Development Plans Site specific development plans are approved for Area A. and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, and Millrace IV., and Area D- Glen Lyon Commercial Site and is not all inclusive: Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks D. Area D. Glen Lyon Commercial Site. Required setbacks shall be as indicated on the approved development plans. Height E. Area D. Glen Lyon Commercial Site. 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Site Coverage Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. 12/4/2012 6 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL SDD-3.DOC Parking and Loading D. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I.G. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J.H. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. C. Area D, Glen Lyon Commercial Site. 12/4/2012 7 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL SDD-3.DOC The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Section 3. Condition Precedent and Expiration. The amendment set forth in Section 2 hereof shall take effect on the date that the Final Plat for the Ever Vail Subdivision, creating Parcels 1 and 2, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat for the Ever Vail Subdivision has not been 12/4/2012 8 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL SDD-3.DOC properly recorded by December 31, 2020, the amendment set forth in Section 2 hereof shall not take effect. Section 4. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. Effect. The amendment of any provision of the Vail 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. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of December, 2012, and a public hearing for second reading of this Ordinance set for the 18th day of December, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ______________________________ Andy P. Daly, Mayor ATTEST: __________________________ Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of December, 2012. _____________________________ Andy P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk 12/4/2012 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL PARKING-3.DOC 1 ORDINANCE NO. 9 Series of 2011 AN ORDINANCE AMENDING SECTION 12-10-19 OF THE VAIL TOWN CODE, REGARDING COMMERCIAL CORE AREA PARKING REQUIREMENTS, TO INCORPORATE PARCELS 1 AND 2 OF THE EVER VAIL SUBDIVISION INTO THE COMMERCIAL CORE AREAS DESIGNATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for amending the Town's Zoning Regulations; WHEREAS, the Town has received an application to incorporate the property that will be known as Parcels 1 and 2 of the Ever Vail Subdivision into the Commercial Core Areas designation, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; WHEREAS, based on the conceptual plans submitted to date, the Vail Town Council (the "Town Council") finds and determines that the proposed Ever Vail development will create a new base area portal to Vail Mountain with mixed use development, proximity to frequent mass transit, and differing peak times for various land uses, resulting in synergies for the demand of parking spaces; WHEREAS, the 1999 parking analysis prepared by Felsburg, Holt, and Ulveg, the Town's parking consultants, determined that when synergies existing in the demand for parking that there is a reduction in the need when compared to areas without the identified synergies; WHEREAS, Ordinance No. 9, Series of 2000 adopted off-street parking requirements for properties within the Town's Commercial Core Areas and created maps identifying those properties within the Commercial Core Areas; WHEREAS, on January 11, 2010, the Town of Vail Planning and Environmental Commission held a properly noticed public hearing on the application to amend the Zoning Regulations to incorporate Parcels 1 and 2 of the Ever Vail Subdivision within the Commercial Core Areas designation; WHEREAS, the Town of Vail Planning and Environmental Commission forwarded to the Town Council a recommendation of approval of the application, with one condition; WHEREAS, the incorporation of Parcels 1 and 2 of the Ever Vail Subdivision into the Commercial Core Areas designation cannot become effective until the Frontage Road is relocated and the Final Plat for the Ever Vail Subdivision is approved by the Town Council, signed by all required parties and properly recorded with the Eagle County Clerk and Recorder; 12/4/2012 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL PARKING-3.DOC 2 WHEREAS, the Town Council is willing to provide the applicant with time to relocate the Frontage Road; WHEREAS, the applicant and the Town have discussed the timing of the Frontage Road relocation, and the Town Council finds and determines that eight years is sufficient time to relocate the Frontage Road; and WHEREAS, the Town Council finds and determines that, should the Frontage Road not be relocated by December 31, 2020, the incorporation of the Ever Vail Subdivision into the Commercial Core Parking designation shall not take effect. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. Pursuant to Section 12-3-7 of the Vail Town Code and based on the evidence and testimony presented in consideration of this ordinance, the Town Council finds and determines as follows: a. The inclusion of Parcels 1 and 2 of the Ever Vail Subdivision, when created, within the Commercial Core Areas designation will be 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; b. The amendment of the Vail Town Code to include Parcels 1 and 2 of the Ever Vail Subdivision, when created, within the Commercial Core Areas designation will further the general and specific purposes of the Zoning Regulations; and c. The amendment of the Vail Town Code to include Parcels 1 and 2 of the Ever Vail Subdivision, when created, within the Commercial Core Areas designation will 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. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 2. Amendment. Subject to Section 3 hereof, Section 12-10-19 of the Vail Town Code, adopting the Commercial Core Areas Parking Map, is hereby amended by a modification to the map, as depicted in Exhibit A attached hereto and incorporated herein by this reference. Parcels 1 and 2 of the Ever Vail Subdivision are depicted with a hatched pattern. Section 3. Condition Precedent and Expiration. The amendment set forth in Section 2 hereof shall take effect on the date that the Final Plat for the Ever Vail Subdivision, creating Parcels 1 and 2, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat for the Ever Vail Subdivision has not been properly 12/4/2012 11/28/2012 \\VWS-STORAGE\DESKTOPS$\WCAMPBELL\DESKTOP\EVER VAIL PARKING-3.DOC 3 recorded by December 31, 2020, the amendment set forth in Section 2 hereof shall not take effect. Section 4. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. Effect. The amendment of any provision of the Vail 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. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of December, 2012 and a public hearing for second reading of this Ordinance set for the 18th day of December, 2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ______________________________ Andy P. Daly, Mayor ATTEST: _________________________ Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of December, 2012. _____________________________ Andy P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk 12/4/2012 Landmark Lion SquareLodge South Marriott Antlers Vail Spa Medical Center (parking) Library Landmark Evergreen Lodge Dobson Ice ArenaVail 21 Lionshead Center Strata Lift House Scorpio Alphorn Ritz CarltonResidences Vantage Point Montaneros Westwind WaterTreatmentFacility Enzian Vail International Tree Tops Lion SquareLodge East ArrabelleatVail Square Gondola Skaal Haus US Bank Lodge atLionshead P H I & PH II CascadeCrossing VRMaintenanceBuilding Lion SquareLodge North LionsheadArcade VailProfessionalBuilding Town of Vail Offices Concert HallPlaza Lodge atLionshead PH III Glen Lyon Offices LionsheadInnAnnex G o r e C r e e k R e s i d e n c e s SwedishCabin I 7 0 N F R O N T A G E R D W S F R O N T A G E R D W W FO RES T RD VAIL VIEW DR B E A V E R D A M R D E FOREST RD W MEADOW DR SANDSTONE DR RED SANDSTONE RD ROCKLEDGE RD W L I O N S H E A D C I R E LIONSHEAD CIR L I O N S R I D G E L O O P L I O N S H E A D P L I 70 OFF-RAMP B E A V E R D A M C I R SANDY LN I 70 ON-RAMP (WESTBOUND)R E D S A N D S T O N E C I R SPRUCE CT I 7 0 0 1,000500FeetI Th is map was crea ted b y th e Town of Va il GIS Tea m. U se of this map shou ld b e for ge nera l pu rposes on ly.Th e Town of Va il do es not warrant the accu racy of the information contained herein.(whe re sh own, parcel line work is approximate) Last Modifie d: No vemb er 15, 2 012 C o r e A r e a P a r k i n g M a p I ICore A r e a P a r k i n g M a p I ILionsheadLionshead Co mm ercia l Co re Are a 12/4/2012 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2010 SUBJECT: A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Ever Vail LLC, represented by the Mauriello Planning Group, is requesting a recommendation to the Vail Town Council of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two parcels for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right- of-way. Staff recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the preliminary plan subject to the findings and conditions outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Ever Vail LLC, represented by the Mauriello Planning Group, is requesting a recommendation to the Vail Town Council of a preliminary plan to establish Parcels 1 and 2, Ever Vail Subdivision. The preliminary plan depicts the Colorado Department of Transportation (CDOT) frontage road right-of-way, easements to be granted to the Town, an open space easement over the extents of the Red Sandstone Creek, access easements for the Eagle River Water and Sanitation District site, and the two new parcels. The proposed new parcels are intended to facilitate the redevelopment of this area with the proposed Ever Vail project. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment A). A copy of the proposed preliminary plan (Attachment B) are attached for reference. III. BACKGROUND On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented amendments changes to the Lionshead Redevelopment Master Plan regarding West Lionshead, including the area now called Ever Vail. 12/4/2012 2 On January 26, 2009, the Planning and Environmental Commission held a work session at which a revised Frontage Road option was presented to both Staff and the Commission which had not been previously shown. The general consensus was that the Frontage Road was moving in the direction of addressing the concerns of the Commission. On February 17, 2009, the Town Council directed Staff and the applicant to proceed with the design of the South Frontage Road which contained certain improvements within a 20-foot Town of Vail right-of-way. On February 18, 2009, the Design Review Board conceptually reviewed the proposed South Frontage Road and found the concepts presented for the proposed retaining wall and landscaping associated with the relocated South Frontage Road to be aesthetically acceptable with further review at a later date. On March 8, 2009, the Planning and Environmental Commission tabled this application due to concerns expressed by the applicant regarding Staff’s recommendation questioning the future ability to shore under what was being proposed as a 20-foot Town of Vail right-of-way. On March 22, 2009, the Planning and Environmental Commission approved a partial preliminary plan which established the width of the CDOT right-of-way containing the relocated South Frontage Road, the location of the 20-foot right-of -way, and the location of a 3-foot signage, lighting, and sidewalk easement. The Planning and Environmental Commission also approved the design and configuration of the relocated South Frontage Road. This partial preliminary plan was endorsed by the Town Council on April 21, 2009, for submittal to CDOT for review. IV. ROLES OF REVIEWING BOARDS Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for recommending approval, approval with conditions, or denial of a preliminary plan for a major subdivision. Town Council: The Town Council is the final decision making authority for a major subdivision and the adoption of easements between a private property owner and the Town. Final actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board’s decision. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Code: Title 13: Subdivision Regulations (partial) 13-2-2 Definitions 12/4/2012 3 PRELIMINARY PLAN: The preliminary drawings described in these regulations indicating the proposed manner or layout of the subdivision to be submitted to the planning and environmental commission for approval. SUBDIVISION OR SUBDIVIDED LAND: A. Meaning: 1. A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or 2. A tract of land including land to be used for condominiums, timeshare units, or fractional fee club units; or 3. A house, condominium, apartment or other dwelling unit which is divided into two (2) or more separate interests through division of the fee or title thereto, whether by conveyance, license, lease, contract for sale or any other method of disposition. 13-3 Major Subdivisions (in part) 13-3-3, Preliminary Plan A. Preliminary Presentation To Planning And Environmental Commission: Consideration of a major subdivision proposal shall be formally considered with a preliminary plan presentation by the subdivider and/or his/her representative(s) to the planning and environmental commission at a regularly scheduled meeting. This preliminary presentation shall be a public hearing according to section 12-3-6 of this code. The presentation shall reflect the proposed development for an entire same ownership and shall indicate all adjacent lands owned or under option to the subdivider at the time of subdivision. B. Submittal Requirements: At least thirty (30) days prior to the preliminary plan presentation to the planning and environmental commission, the subdivider shall submit at a scale of one inch equals one hundred feet (1" = 100') or larger, twelve (12) copies of each of the following (exceptions can be granted on individual items by the director of public works or the administrator) to the department of community development: 1. The environmental impact report required. 2. A topographic survey with a north arrow, graphic scale, dimensioned to nearest foot prepared by a Colorado registered land surveyor, shall be submitted including the following information: a. Boundary lines. b. Preliminary proposed lots and blocks with numbers and sizes. c. Easements: location, width and purpose. 12/4/2012 4 d. Proposed streets, their widths of right of way and pavement, approximate grades in percentage and center line radii of curves; areas with cuts and fills exceeding six feet (6') and extent thereof. e. Utilities on and adjacent to the tract, including their type, location, size and invert elevations of sanitary sewers, storm drainage facilities and water mains. If utilities are not found on the tract, distance to, direction of, and size and elevations of the nearest utilities should be indicated. f. Contour intervals of no less than two feet (2') if the site is two (2) acres or less; contour intervals of five feet (5') or less if the tract is more than two (2) acres, elevations to be based on USGS datum. g. Drainage conditions on and adjacent to the tract including location and extent of watercourses, areas of 100-year floodplain (verified by a registered professional engineer in state of Colorado), perpetual drainage easements and location of natural springs and ground water. h. Existing conditions on adjacent land: The area within two hundred feet (200') from each subdivision boundary should be included in the preliminary plan to show its land slope percentage, zoning, location of physical improvements and land uses, owners of said property, division of property into lots or tracts including subdivision names and any significant natural features. The objective of showing how the preliminary plan interfaces with all adjoining properties and uses thereof should be met. i. Existing zoning. j. All areas of forty percent (40%) slope or greater, and avalanche areas indicated as shaded areas. k. Letters from all applicable utility agencies verifying service. l. Indications showing that access to the subdivision is via a maintained public road. m. Soil stability analysis. VI. SUROUNDING LAND USES AND ZONING Land Use Zoning North: Interstate 70 No zoning designation East: Mixed-use Lionshead Mixed Use 1 West: Mixed-use SDD No. 4, Cascade Village South: Open Space Natural Area Preservation VII. SITE ANALYSIS The following is a zoning analysis of the development potential of Parcels 1 and 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. 12/4/2012 5 Legal Description: Parcel 1, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 318,946.3 sq. ft./7.322 acres Development Standard LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 256 DUs, unlimited AUs, FFUs, EHUs GRFA: 724,402.8 sq. ft. (based upon 289,761 sq. ft. buildable site area) Site Coverage: 223,262.4 sq. ft. (70%) Landscaping: 63,789.3 sq. ft. (20%) Parking Per Chapter 10 of the Zoning Regulations Legal Description: Parcel 2, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 230,650.2 sq. ft./5.295 acres Development Standard LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 185 DUs, unlimited AUs, FFUs, EHUs GRFA: 476,387.5 sq. ft. (based upon 190,555 sq. ft. buildable site area) Site Coverage: 161,455.1 sq. ft. (70%) Landscaping: 46,130 sq. ft. (20%) Parking Per Chapter 10 of the Zoning Regulations 12/4/2012 6 VIII. APPLICATION CRITERIA AND FINDINGS Before recommending approval, approval with conditions, or disapproval of the limited elements proposed for the preliminary plan at this hearing, the Planning and Environmental Commission shall consider the following criteria with respect to the proposed subdivision: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff Response: The redevelopment of the properties comprising Ever Vail began in early 2006, with the start of public meetings and hearings to discuss incorporation of several parcels into the Lionshead Redevelopment Master Plan. In early 2007, Town Council adopted, through resolution, the amendments to the Master Plan that evolved over a year of public process. The preliminary plan is the first step in implementing the applicable portions of the Lionshead Redevelopment Master Plan. This preliminary plan, if approved, establishes the CDOT frontage road right-of-way, a 20-foot wide Town of Vail right-of-way, a 3-foot wide signage, lighting, and sidewalk easement, an open space easement over the extents of the Red Sandstone Creek, an access easement for the ERWSD site, and the creation of two new parcels. Staff has reviewed the proposed preliminary plan and found it to be in compliance with the applicable elements of the Vail Comprehensive Plan. With regard to the Vail Land Use Plan, Staff believes that the preliminary plan will: allow the Town to “continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident” by establishing the parcels necessary to implement the recommendations of the Lionshead Redevelopment Master Plan; protect the “environment including air, water and other natural resources.”, through the a proposed open space easement and establishment of a development plan which is anticipating LEED certification; improve the “quality of development” and become “upgraded” from the light industrial nature of the properties as new parcels will be of a size and configuration to accommodate a subterranean snow cat maintenance yard and parking as recommended in the Lionshead Redevelopment Master Plan; protect the “stream tract” as it is a “desirable land feature” which should be available for “public use”, by establishing an open space easement over the extents of Red Sandstone Creek; create partnership opportunities “to make existing facilities and the Town function more efficiently” by establishing a more efficient frontage road design incorporating a round-about and the frame work for the eventual construction of a Simba Run underpass; and 12/4/2012 7 create an opportunity to address “Day skier needs for parking and access” by establishing parcels of a size to construct an efficient subterranean parking structure as recommended in the Lionshead Redevelopment Master Plan. The Lionshead Redevelopment Master Plan prescribes a number of policy objectives. With regard to the Lionshead Redevelopment Master Plan, Staff believes that the preliminary plan will: result in a “warmer, more vibrant environment for guests and residents” with an “appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character”; “enhance guest experience and community interaction through expanded and additional activities and amenities”; allow for “improved occupancy rates and the creation of additional bed base (“live beds” or “warm beds”) through new lodging products” by including “live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock-off units), or dwelling units which are included in a voluntary rental management program and available for short term rental”; improve “pedestrian, vehicular, bicycle and mass transit traffic”, through the redevelopment of a comprehensive site which can accommodate an adequate transportation center including skier drop-off; allow for upgraded infrastructure “to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents”; and allow for “Financially creative and fiscally realistic strategies” to raise “adequate capital…to fund desired private and public improvements”, by the implementation of a Tax Increment Financing District for projects such as Simba Run underpass. With regard to the policy objectives of the Town of Vail Comprehensive Open Lands Plan, the preliminary plat will implement the recommended action identified for Parcel 19: Unplatted Vail Village, 2nd Filing (Holy Cross Lot) which is the acquisition of a “conservation easement” on the area surrounding Red Sandstone Creek to “protect trees and stream.” The rezoning of Parcels 1 and 2 is conditioned upon the recording of the Ever Vail Subdivision Final Plat. Staff believes the proposed preliminary plan complies with this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, Title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Staff Response: The preliminary plan has been reviewed for compliance with all requirements of Chapter 13- 3, Major Subdivision, Vail Town Code. The two new parcels proposed within the Ever Vail Subdivision comply with the proposed Lionshead Mixed Use 2 District zoning should the commission choose to forward a recommendation of approval for a rezoning. Section VII of this memorandum provides a zoning analysis of the two proposed parcels. 12/4/2012 8 Staff believes the proposed preliminary plan being reviewed under this action complies with this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: The preliminary plan is the first step in establishing Parcels 1 and 2 of the Ever Vail Subdivision. The Lionshead Redevelopment Master Plan and the proposed Lionshead Mixed Use 2 District zoning on the parcels will result in a harmonious, convenient, and workable relationship among adjacent land uses. All future development plans will be reviewed and approved for their compliance with the provisions of the Lionshead Redevelopment Master Plan which reflect in the community’s development objectives which will result in harmonious, convenient, and workable relationships among land uses within Ever Vail and the adjacent properties. Staff believes the proposed preliminary plan complies with this criterion. 4. The extent of the effects on the future development of the surrounding area; and Staff Response: The redevelopment of the area known as Ever Vail will be of a scale which will have significant effects on the area. However, this development is located on the western edge of the Lionshead Core which contains several large scale projects. To the west of the proposed project is a distance of no development until the eastern edge of the Cascade Village development. The Eagle River Water and Sanitation District (ERWSD) waste water treatment plant is located on the southeast corner of the proposed Ever Vail Subdivision. Representatives from the ERWSD have expressed concern about the effects of their waste water treatment process on future development adjacent to their site. They have request ed that the documents associated with any development in proximity to the treatment plant discloses the nature of their facility and potential odor impacts. The purpose of the disclosure is to place property owners on notice of potential negative impacts. A copy of this letter is attached for reference (Attachment C). Staff believes that the effects of the proposed Ever Vail redevelopment will be positive to the surrounding areas as it will be a continuation of Lionshead and will provide for mixed-use development as regulated within the proposed Lionshead Mixed Use 2 District. The Lionshead Redevelopment Master Plan includes language requiring the stepping down of any proposed buildings on the site. This language was included to address the potential negative effects of allowing structures to achieve heights otherwise permitted within the Lionshead Mixed Use 2 District. The preliminary plan and associated Lionshead Mixed Use 2 District zoning in conjunction with the recommendations and regulations contained within the Lionshead Redevelopment Master Plan will result in positive impacts to surrounding properties. Staff believes the preliminary plan complies with this criterion. 12/4/2012 9 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff Response: The proposed preliminary plan will result in the subdivision of land that accomplishes goals found within the Vail Comprehensive Plan. The proposed preliminary plan will not result in a in a “leapfrog” pattern or spatial patterns that causes inefficiencies in the delivery of public services, or requires duplication or premature extension of public facilities. The proposed Ever Vail Subdivision will plat existing properties which are currently developed and provided public services and utilities. Staff believes the proposed preliminary plan complies with this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Staff Response: Per the requirements of 13-3-3C, Preliminary Plan, Vail Town Code, Staff sent a cover letter and attached plans to all the reviewing agencies identified within the Code. Per Vail Town Code the agencies were given 15 days to make recommendations or comment. Holy Cross Energy provided a comment regarding the location of their utility lines within Town right-of- way or within private easements, but in no case within the CDOT right-of-way. The applicant and staff are aware of this requirement and the applicant is prepared to provide private easements to all utilities which will have service lines within Ever Vail. ERWSD provided several comments and concerns. The applicant has met with ERWSD since receiving their letter to address their concerns and has included the access easement to the site on the preliminary plan. With the relocation of the South Frontage Road West and the potential for extensive subterranean improvements on the two new parcels most if not all of the utilities will be relocated, upgraded, and resized to accommodate the growth proposed within Ever Vail. Staff and the applicant’s representatives have been working closely with several of the utility companies throughout the adoption of the amendments to the Lionshead Redevelopment Master Plan and through this process and the availability of services does not appear to be of concern for the utility companies. Staff believes the proposed preliminary plan complies with this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff Response: The proposed preliminary plan will result in the growth of an orderly viable community that serves the best interests of the community as it will accomplish multiple goals found within the Vail Comprehensive Plan. The incorporation of the properties found within Ever Vail into the Lionshead Redevelopment Master Plan resulted in amendments which identified the potential future redevelopment on the site with the ability to anticipate impacts and serve the interests of the community. 12/4/2012 10 The Town of Vail Public Works Department supports the layout of the South Frontage Road right-of-way and easement. The roadway design is consistent with the Vail Transportation Master Plan regarding the various modes of travel. The design accommodates the future Simba Run Underpass and provides flexibility in the final location of the actual underpass. The east roundabout configuration has been designed to handle additional capacity improvements if needed in the future. The proposed road design has been in the CDOT review process for nearly a year and has been moving though that process. Staff believes the proposed preliminary plan complies with this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: The proposed preliminary plan and the possible redevelopment of the area will result in improvement and protection for Red Sandstone Creek and the incorporation of green building techniques within the project. The proposed redevelopment is anticipated to incorporate LEED design standards and other green building techniques. The preliminary plan depicts an open space easement placed over Red Sandstone Creek. The boundaries of this easement are proposed to be the extents of the 100-year flood plain for the creek as modified as a result of the new South Frontage Road West bridge and improvements to the creek. A floodplain modification application will be reviewed by the Planning and Environmental Commission at a future hearing. The applicant has provided a document highlighting the intent behind the language which will be included within the open space easement which is attached for review (Attachment D). The applicant had an Environmental Impact Report prepared which identified both positive and negative impacts associated with the proposed Ever Vail project. The report highlights the greatest negative impact as being the results of construction on the site including noise, traffic, dust, vehicle emissions, and sedimentation. The plan identifies that this impacts are temporary and many can be mitigated through best management practices with regard to run-off from the site. The plan identifies that development comes with these impacts and the location of the development will result in long term benefits such as increased walkability and connectivity through the site to adjacent development. The plan highlights the need to utilize native plant species in the restoration and improvement of Red Sandstone Creek. Staff believes the proposed preliminary plan complies with this criterion. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval with conditions the request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal 12/4/2012 11 description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval with conditions of the preliminary plan, the Community Development Department recommends the Commission makes the following motion: “The Planning and Environmental Commission forwards a recommendation of approval with conditions of the request for review of a preliminary plan for the Ever Vail Subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to recommend approval with conditions of the preliminary plan, the Community Development Department recommends the Commission make the following findings: “Based upon the review of the criteria outlined in Section VIII of the January 10, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the preliminary plan is in compliance with the criteria listed in Subsection A of this section; and, 2. The subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and, 3. The subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 4. The subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” Should the Planning and Environmental Commission choose to approve this preliminary plan, the Community Development Department recommends the Commission apply the following conditions: “1. The applicant shall be required to enter into a subdivider’s agreement with the Town of Vail, which shall detail all elements negotiated between the applicant and the Town prior to the approval of the preliminary plan by the Town Council. 12/4/2012 12 2. This approval for a preliminary plan is contingent upon approval of the associated special development district major amendment application and the adoption of the proposed Lionshead Mixed Use 2 District zoning for the property. 3. The applicant shall submit the final plat for review and approval by January 10, 2012, per Section 13-3-6, Final Plat, Vail Town Code.” X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed preliminary plan C. Eagle River Water and Sanitation District letter, dated January 5, 2011 D. Open Space Easement Intent Memorandum, dated January 4, 2011 12/4/2012 12/4/2012 12/4/2012 12/4/2012 EAGLE RIVER WATER & SANITATION DISTRICT 846 Forest Road Vail, Colorado 81657 (970) 476-7480 FAX (970) 476-4089 www.erwsd.org WATER, W ASTEWATER, OPERATIONS & MANAGEMENT SERVICES Page 1 of 3 January 5, 2011 Mr. Warren Campbell Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 Subject: Ever Vail Dear Warren, Thank you for the opportunity to comment on the Ever Vail applications (regarding the proposed amendment to Special Development District No. 4, Cascade Village, zone district boundary amendment, and preliminary plan) submitted by Vail Resorts Development Company (VRDC). We have reviewed the Town’s referral package and we are currently working with VRDC to determine the conditions necessary to provide water and wastewater service to the proposed Ever Vail development. The proposed development is currently being processed through the Eagle River Water & Sanitation District’s (District) Development Approval Process, which for this proposed development will include: Determination of water rights dedication requirements; and Determination of treated water storage requirements; and District Infrastructure Acceptance Procedure, which includes Construction Plan Approval, Construction Acceptance, and Final Acceptance. The Construction Plan Approval procedure includes the evaluation of the proposed infrastructure; and the impacts that the proposed development will have on existing water and wastewater systems, including the capacity and function of distribution, collection, and treatment facilities, and operations and maintenance impacts. Regarding the water rights dedication, the District will require the submission of a Water Demand Worksheet from VRDC for the proposed development. Proposed water demands will be evaluated in order to determine the amount and timing of water needed to serve the proposed development and, alternatively, the dollar amount of a cash payment in lieu of a water rights dedication, if such cash payment is approved by the District Board of Directors. We have not yet received a proposal for the dedication of water rights or indication of a request for an alternative cash payment in lieu of a water rights dedication from VRDC. The physical relationship of Ever Vail to the District’s Vail Waste Water Treatment Plant (VWWTP) and its future Vail Drinking Water Facility (VDWF), together with the realignment of the South Frontage Road, pose challenges that must be addressed by VRDC and the Town for the District to continue to provide reliable water and sanitation services to the Town’s residents, businesses, and guests. As such, we request that the Town make any and all approvals of Ever Vail subject to the following conditions: 12/4/2012 Mr. Warren Campbell January 5, 2011 Page 2 of 3 1. Preservation of vehicular access to the VWWTP upper parking deck from Forest Road. As you are aware, a portion of the existing driveway to the VWWTP upper parking deck lies within the South Frontage Road right of way. There is no other feasible means to access the upper parking deck. As such, we request that VRDC be required to convey to the District that portion of the vacated South Frontage Road right of way necessary for access to the parking deck. 2. Preservation of vehicular access to the western portion of the District’s property (on which the VDWF will be located) through Ever Vail. As you are aware, the District currently accesses the western portion of its property directly from the existing South Frontage Road. There is no other feasible means to access the western portion of the District’s property. As such, we request that VRDC be required to grant to the District an easement through Ever Vail to access the western portion of its property where the VDWF will be located. Access through Ever Vail must be sufficient for large vehicles such as fire trucks, concrete trucks, and construction equipment, including cranes. Without such access, maintenance and upgrades of the VWWTP, and construction of the VDWF will not be feasible. 3. Protection of the Town and the District from nuisance lawsuits. We believe some buyers and tenants of residential and commercial properties within Ever Vail may become unhappy with the proximity of their homes and businesses to the VWWTP and the VDWF. As such, we request that VRDC: a. disclose to prospective buyers and tenants the existence and locations of the VWWTP and the VDWF and their potential impacts; b. obtain an acknowledgement from all owners and tenants of the existence, locations and potential impacts of the VWWTP and VDWF; and c. obtain a waiver and release from all owners and tenants of all claims against the Town and the District and a covenant not to sue the Town or the District with respect to the VWWTP and VDWF. We request that these concepts be documented in (a) all public offering documents, contracts and leases used in connection with the marketing, sales, and leasing of homes and commercial spaces within Ever Vail and (b) one or more documents recorded against the Ever Vail property, such as the subdivision plat, master association declaration and condominium declarations. As before, we also request that all future application materials label our property as “Sewage Treatment Plant.” 4. Coordination of the Town’s approval process with the District’s Development Approval Process. This coordination of approvals between our two entities will assure that water rights and the water and wastewater service issues, including those listed above, are resolved before construction on the proposed development proceeds. 12/4/2012 12/4/2012 post office box 1127 avon, colorado 81620 970.376.3318 dominic@mpgvail.com www.mpgvail.com MEMORANDUM TO: Warren Campbell, Chief of Planning FROM: Mauriello Planning Group DATE: January 4, 2011 RE: Red Sandstone Creek – Proposed Open Space Easement Below is the criteria and intent for the open space easement for Red Sandstone Creek. We envision these criteria and restrictions being incorporated in a formal easement document at final plat. ¥ The open space easement will generally follow the proposed 100-year flood plain line as proposed by the application (i.e., after the 100-year line is revised); ¥ The easement is provided to the Town of Vail and is intended to allow public access to the easement area and creek for recreational purposes including walking, fishing, and similar recreational activities consistent with the use of open space; ¥ The easement also will allow the Applicant the right to utilize the property for grading, drainage improvements, utilities, bridges, footpaths, benches, signage, maintenance and other resort oriented activities; ¥ The Applicant retains the right to restrict public access occasionally for special events and maintenance/restoration of the easement area subject to coordination with the Town of Vail; ¥ The area included in the open space easement will count towards the area in the overall project site for all zoning purposes under the Vail Town Code; and ¥ The applicant and the Town of Vail shall work cooperatively to document any use restrictions to be included in the easement. 12/4/2012 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2011 SUBJECT: A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code , rezone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District, located at located at 862 (Vail Resorts Maintenance Shop), 923 (Holy Cross Lot), 934 (Amoco/BP), 953 (Vail Professional Building), 1000 (Glen Lyon Office Building) and 1031 (Cascade Crossing) South Frontage Road West, and portions the South Frontage Road West right-of-way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061 and PEC090036) Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Ever Vail, LLC, represented by the Mauriello Planning Group, LLC, is requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District (SDD) No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and is requesting a recommendation to the Vail Town Council to rezone Parcels 1 and 2, Ever Vail Subdivision, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Lionshead Mixed Use 2 District. The request to remove Development Area D (Glen Lyon Office Building) from SDD No. 4 is necessary to allow the lot to be combined with the former Amoco/BP gas station site, Cascade Crossing, the Vail Professional Building, the Holy Cross Lot, the Vail Resorts Maintenance Yard, and portions of South Frontage Road West right-of-way which is to be abandoned. The assemblage of these sites listed above will permit the applicant to establish two new parcels within a new subdivision, thus creating a development site for Ever Vail. The requested rezoning shall not become effective, if approved, without the approval of the major amendment to the SDD and the recording of the Ever Vail Subdivision Final Plat. Upon review of the applicable elements of the Town’s planning documents and adopted criteria for review, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the request for a major amendment to Special Development District (SDD) No. 4, Cascade 12/4/2012 2 Village, and a recommendation of approval with conditions, for the zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 , Ever Vail Subdivision. Staff’s recommendations are based upon the review of the established criteria provided in Sections VIII and IX of this memorandum and the evidence and testimony which was received. II. DESCRIPTION OF THE REQUEST Special Development District Amendment The applicant is requesting a recommendation to the Vail Town Council on a proposed major amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to remove Development Area D, Glen Lyon Office Building (GLOB) from the SDD. The removal of the GLOB property from SDD No. 4 facilitates its incorporation into the proposed Ever Vail development site. A vicinity map (Attachment A) and a draft amending ordinance are attached for reference (Attachment B). Zone District Boundary Amendment The applicant is also requesting a zone district boundary amendment to amend the Official Zoning Map of the Town of Vail whereby multiple properties combined into Parcels 1 and 2 of the proposed Ever Vail Subdivision would be zoned Lionshead Mixed Use 2 District. If approved, this rezoning of Parcels 1 and 2 shall occur only after recording of the Ever Vail Subdivision Final Plat. Copies of a site plan depicting the proposed Ever Vail Subdivision and the existing zoning on the parcels (Attachment C) and the proposed Lionshead Mixed Use 2 District zoning (Attachment D) are attached for reference. The applicant’s application document entitled “Ever Vail” dated revised December 21, 2010 (Attachment E) is attached for review. III. BACKGROUND The Vail Resorts Maintenance Shop was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Holy Cross Lot, Vail Professional Building, Cascade Crossing, and former gas station sites were annexed into the Town of Vail by Ordinance No. 26, Series of 1975, which became effective on December 16, 1975. On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the Lionshead Redevelopment Master Plan to include the Vail Professional Building and Cascade Crossing parcels within the Master Plan boundaries and to amend the recommendations for the area known as “West Lionshead”. On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area know as Ever Vail. On September 24, 2007, the Planning and Environmental Commission forwarded a recommended approval of the preliminary plat by a vote of 6-0-0. This application 12/4/2012 3 was subsequently withdrawn by the applicant while it was in the Town Council review process. On October 22, 2007, the Planning and Environmental Commission forwarded a recommendation of approval on the proposed rezoning of the two new parcels proposed to be established in the Ever Vail Subdivision by a vote of 5-1-0 (Cleveland opposed). This application was subsequently withdrawn by the applicant while it was in the Town Council review process. On August 11, 2008, the Town of Vail Planning and Environmental Commission voted 4-0-1 (Viele recused) to forward a recommendation of approval of Resolution No. 19, Series of 2008, for the Vail Land Use Plan map amendment to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for the Glen Lyon Office Building site. On September 2, 2008 the Vail Town Council approved Resolution No. 19, Series of 2008, described above. The motion passed 4-3-0, with Foley, Hitt and Rogers dissenting. On December 8, 2008 the Town of Vail Planning and Environmental Commission voted 5-0-1 (Viele recused) to forward a recommendation of approval to the Vail Town Council for Resolution 26, Series of 2008, which included amendments to the Lionshead Redevelopment Master Plan to incorporate the GLOB within the document. On February 3, 2009 the Vail Town Council adopted Resolution No. 26, Series of 2008, by a vote of 5-1-0 (Foley opposed). On March 22, 2009, the Planning and Environmental Commission approved a partial preliminary plan which established the I-70 right-of-way. This partial preliminary plan was endorsed by the Town Council on April 21, 2009, for submittal to CDOT for review. IV. ROLES OF REVIEWING BOARDS Major Amendment to a Special Development District Planning and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. Town Council: The Town Council takes into consideration the PEC’s recommendation when reviewing an application for a special development district and is responsible for final approval/denial of an SDD. The Town Council shall review the proposal and approve/approve with conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. Rezoning/Zone District Boundary Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Town Council: 12/4/2012 4 The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Lionshead Redevelopment Master Plan (in part) Chapter 2 – Introduction (in part) 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base (“live beds” or “warm beds”) through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock-off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 12/4/2012 5 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Chapter 4 – Recommendations – Overall study Area (in part) 4.1.5 West Lionshead - Residential/ Mixed-Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site , former gas station site and the Eagle River Water and Sanitation site. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have “no net loss” of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re-development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year-round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town‟s employee housing policies and regulations. To the extent possible development patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north-south building orientation may be difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst for a structured public 12/4/2012 6 parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. Chapter 5 – Detailed Plan Recommendations (in part) 5.17 West Lionshead West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. 5.17.1 South Frontage Road Improvements and Vehicular Access Planning for West Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4-9a, and 4-9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios, there should be an increase of existing office square footage and “no net loss” of retail square footage as a result of the redevelopment of these parcels. Furthermore, service and delivery for West Lionshead shall occur underground or be hidden from public view. Service and delivery truck turning maneuvers should not negatively impact traffic flow on the South Frontage Road. With a realignment of vehicular access points, attention should be given to the location of service and parking areas. a. Retention of Existing Frontage Road Alignment If the Frontage Road remains in its current location the Maintenance Yard/Holy Cross parcels, the Vail Professional Building site, and /Cascade Crossing and the Glen Lyon Office Building site all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard/Holy Cross parcels. While other lift locations are feasible, the old gas station site is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard/Holy Cross parcels. A strong east- west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building site and Cascade Crossing could be developed as a contiguous parcel. In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in conjunction with any future redevelopment of the sites. Possible opportunities for improvements may include, an improved mass transit stop, 12/4/2012 7 relocated/reduced/shared points of entry/exiting, restricted access points, acceleration/ deceleration lanes, greater sight distances, dedicated turning lanes, landscaped medians and skier drop-off. In the redevelopment of Cascade Crossing and the Glen Lyon Office Building site under the current configuration of the Frontage Road, the bus stops in front of said properties shall be enhanced with, for example, shelters, benches, and landscaping. Pedestrian connections shall be improved from the bus shelters, across the South Frontage Road and to and from the surrounding buildings to provide safe and attractive pedestrian crossing and connections. Improvements may include crosswalks, walkways, pedestrian crossing warning lights, medians, and signage. b. Frontage Road Realignment The greatest benefit of this realignment alternative is that it results in one very larg e and contiguous development parcel and in doing so integrates the Maintenance Yard/Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this alternative the most viable site for a public parking facility would still be the Maintenance Yard/Holy Cross parcels. With the re-location of the Frontage Road lift access out of the old gas station site would not require a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parcels. However, a grade separated crossing over the Red Sandstone Creek would be needed to link the Holy Cross site with the Vail Professional Building site. This alternative would also present the opportunity for enhancing Red Sandstone Creek to make it more accessible to the community and an aesthetically pleasing water feature. Enhancements might include; streambank stabilization/ beautification, natural stream drop structures, interactive low flow areas and general improvements for wetlands and wildlife habitiat. Any modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east- west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in conjunction with any future redevelopment of the Frontage Road and interior roads within the redevelopment of the West Lionshead sites. Possible opportunities for improvements may include improved mass transit stops, relocated/reduced/shared points of entry/exiting, restricted access points, acceleration/ deceleration lanes, roundabouts at major intersections, greater sight distances, dedicated turning lanes, landscaped medians and skier drop-off. 5.17.2 Pedestrian and Bike Access As compared to a separate, free-standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connection with the rest of Lionshead. 12/4/2012 8 Streetscape improvements including bike lanes or trails and sidewalks should be incorporated in any redevelopment along West Lionshead Circle and the South Frontage Road to improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, trails, seating areas and public art that facilitate safe and attractive pedestrian and bike movement are strongly encouraged. Said improvements may necessitate the need for access easements through the sites. In the redevelopment of West Lionshead, pedestrian and bike connections shall be made to integrate with the rest of Lionshead and Cascade Village. There is an existing recreation path that runs across the southwest corner of the Glen Lyon Office Building site. If the site redevelops the recreation path shall be enhanced to meet town recreational path standards and to provide a safe and attractive pedestrian and bike experience. The improvements shall include a public easement over the path where necessary. 5.17.3 Preservation of Existing Office and Retail Space There shall be an increase in office space and no net loss of retail space in West Lionshead. Opportunities for increasing the square footage of office and retail beyond the existing conditions in West Lionshead shall be evaluated during the development review process. Currently, West Lionshead offices and businesses offer a variety of local services and amenities, which is important to preserve with the redevelopment of West Lionshead. During the winter months, the proposed ski lift in West Lionshead and the associated parking will generate significant pedestrian traffic and activity. However, consideration should be given to how West Lionshead can be an active and vibrant place year-round. One way this can be accomplished is the reinforcement of a well-crafted program of specialty retailers, offices, and restaurants that attract both tourists and local residents. Also, quality architecture and the creation of appealing outdoor spaces in and of itself will encourage people to visit this area. An active program of public art, residential units that are used for “artists in residence” or a culinary school are examples of uses that could create a catalyst for activity. In conjunction with any application to develop a new ski lift, a market study which analyzes the appropriate amount of office/retail square footage shall be included in the redevelopment of West Lionshead. 5.17.4 Relationship to Red Sandstone Creek and Gore Creek Red Sandstone Creek and Gore Creek abut the Glen Lyon Office Building site, former gas station site, Holy Cross site and the Vail Professional Building site. Any redevelopment of these parcels should consider how the creeks can be enhanced and made an amenity of this redevelopment area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. Improved public access and utilization of Gore Creek and Red Sandstone Creek for fishing and other recreational purposes is strongly encouraged to create a catalyst for activity and enjoyment of the streams. 12/4/2012 9 5.17.5 Architectural Improvements The architectural design guidelines (Chapter 8) discuss several transition tools that can be used to adapt an existing building to the new character and architectural quality desired for Lionshead. Given the high visibility of the buildings in West Lionshead and the extent to which they influence the quality of the experience of passers-by, all future development of the sites should be closely scrutinized fo r compliance with the applicable architectural design guidelines. For properties that are east of Red Sandstone Creek, in West Lionshead, higher densities and building heights may be appropriate, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of this master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. Notwithstanding the height allowances of the underlying zone districts, building height and massing shall be responsive to the Gore Creek and Red Sandstone Creek corridors, in that buildings shall gradually “step down” at the creek sides. Building height and massing shall also “step down” towards the Interstate, and at the western end of Lionshead. Figure 5-25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5-25. Notwithstanding the height allowances depicted on Figure 5-25, which depicts building height in an east/ west orientation, building height and massing shall also “step down” in a north/ south orientation. Notwithstanding the height allowances depicted on Figure 5-25, buildings fronting directly along Gore Creek and the western end of Lionshead shall express no more than three to four levels before “stepping back” to taller building mass. On the Interstate side of this area, building design shall be articulated to avoid large expanses of shear/unbroken wall planes. 5.17.6 Redevelopment Considerations for Glen Lyon Office Building site Consistent with its location at the western edge of West Lionshead and with respect to the extensive frontage along Gore Creek, it is appropriate to recognize certain development limitations and opportunities regardless of the underlying zone district. 5.17.6.1 Height Building heights shall be consistent with Figure 5-25, West Lionshead Building Massing and Height Limitations. Notwithstanding the height limitations set forth in Figure 5-25, the maximum height for buildings on the Glen Lyon Office Building site shall not exceed 56 feet. 5.17.6.2 Residential Land Use and Density Existing physical improvements on the Glen Lyon Office Building site include a three-story building with 10,829 square feet of general office space and a surface parking lot. Because of the site‟s physical location along Gore Creek, it‟s accessibility to Lionshead Village, and the adjacent potential redevelopment including a ski-lift and activity center, it may be appropriate to introduce a mix of uses on site. If residential uses are proposed, the use shall be consistent with the Master Plan goal to increase the number of „Live Beds‟ in Lionshead. Residential density on 12/4/2012 10 the site should be studied and proposed in a manner that is compatible with the character and scale of adjacent uses and Gore Creek. Residential uses should be located on the basement or garden level and second floor and above in buildings on-site. If residential uses are proposed on the street level or first floor, the vitality of the pedestrian and bike experience shall be considered along with the function and character of the adjacent uses and structure design. The mixture of land uses on the Glen Lyon Office Building site shall maintain a balance between residential, office/ commercial and recreational uses to serve both the visitor and the permanent resident. 5.17.6.3 Office Land Use Consistent with the Master Plan requirement for an increase of office space, the existing 10,829 square feet of office space shall be replaced and increased on-site. 5.17.6.4 Employee Housing All (100%) of the employee housing requirements associated with the Glen Lyon Office Building site, as required by the Vail Town Code, shall be met on-site. 5.17.6.5 Landscape Preservation & Relationship to Red Sandstone & Gore Creeks The Glen Lyon Office Building site borders on the Red Sandstone Creek along the east property line and the Gore Creek along the south property line. The redevelopment of the Glen Lyon Office Building site should consider how the creeks can be enhanced and made an amenity of the area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. Improved public access and utilization of Gore Creek and Red Sandstone Creek for fishing and other recreational purposes is strongly encouraged to create a catalyst for activity and enjoyment of the streams. Vail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. 12/4/2012 11 The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.5 Commercial strip development of the Valley should be avoided. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision-making process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational options to improve year-round tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 12/4/2012 12 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3. Commercial 3.2 The Village and Lionshead areas the best location for hotels to serve the future needs of destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night-time businesses, on-going events and sanctioned “street happenings” should be encouraged. 4. Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 12/4/2012 13 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Town of Vail Zoning Regulations Chapter 12-7I: Lionshead Mixed Use 2 (LMU-2) District (in part) 12-7I-1: PURPOSE: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple- family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetsca pe improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7I-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. 12/4/2012 14 Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Conference facilities and meeting rooms. Electronics sales and repair shops. Liquor stores. Lodges and accommodation units. Major arcades. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7I-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. 12/4/2012 15 Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7I-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses: The following uses shall be permitted on those floors above the first floor within a structure: Employee housing units, as further regulated by chapter 13 of this title. Lodges and accommodation units. Multiple-family residential dwelling units, lodge dwelling units. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Banks and financial institutions. Child daycare centers. Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repair shops. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Theaters. Timeshare units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7I-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts, as further regulated by section 12-14-18 of this title. Brewpubs. Child daycare centers. Commercial storage. Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. 12/4/2012 16 Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. (Ord. 12(2008) § 18) 12-7I-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead mixed use 2 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining decks and patios. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7I-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-7I-10: SETBACKS: The minimum building setbacks shall be ten feet (10') unless otherwise specified in the Lionshead redevelopment master plan as a build-to line. 12-7I-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71') with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. 12-7I-12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a 12/4/2012 17 dwelling unit for the purpose of calculating density. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-7I-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple- family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. 12-7I-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. 12-7I-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. 12-7I-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) the required parking shall be located within the main building or buildings. 12-7I-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. VI. ZONING ANALYSIS The following is a zoning analysis of the development potential of Parcels 1 and 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. 12/4/2012 18 Legal Description: Parcel 1, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 318,946.3 sq. ft./7.322 acres Development Standard LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 256 DUs, unlimited AUs, FFUs, EHUs GRFA: 724,402.8 sq. ft. (based upon 289,761 sq. ft. buildable site area) Site Coverage: 223,262.4 sq. ft. (70%) Landscaping: 63,789.3 sq. ft. (20%) Parking Per Chapter 10 of the Zoning Regulations Legal Description: Parcel 2, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 230,650.2 sq. ft./5.295 acres Development Standard LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 185 DUs, unlimited AUs, FFUs, EHUs GRFA: 476,387.5 sq. ft. (based upon 190,555 sq. ft. buildable site area) Site Coverage: 161,455.1 sq. ft. (70%) Landscaping: 46,130 sq. ft. (20%) Parking Per Chapter 10 of the Zoning Regulations 12/4/2012 19 VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: CDOT ROW None South: Stream Tract Natural Area Preservation District East: Utility/Mixed Use General Use/Lionshead Mixed Use 2 Districts West: Mixed Use SDD No. 4. Cascade Village VIII. SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW CRITERIA The Town Code provides nine design criteria which shall be used in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. This application is somewhat unique in that the applicant is requesting that a portion of an established SDD be removed to become part of a proposed development site separate from the current SDD. Staff has performed a review of these criteria based upon the potential impacts to the remaining SDD as follows: A. Consideration of Factors Regarding Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. As is identified under Section III, Background, of this memorandum the Town’s adopted processes for amending the Vail Land use Plan and the Lionshead Redevelopment Master Plan were followed to lay the framework for the inclusion of the GLOB in the overall planning being undertaken with regard to the proposed Ever Vail project. The inclusion of the GLOB within the Lionshead Redevelopment Master Plan and thus a change in the land use designation, acknowledged the influence that the previous expansion of the Lionshead Redevelopment Master Plan boundaries would have on the GLOB site. The recommendations included in the Master Plan imposed development standards to ensure that the scale, bulk, and mass that are desired will be achieved. Future development on the GLOB site will be required to comply with Lionshead Redevelopment Master Plan and the proposed Lionshead Mixed Use 2 District. The request to remove Development Area D from SDD No. 4, Cascade Village, will not have any negative effect on the remaining portions of the SDD. SDD No. 4, Cascade Village, was adopted with multiple development areas which resulted in the desired development within each which include but are not limited to, a hotel, single-family and duplex residential, multi-family residential, and an office building. Each development area in the SDD was granted specific development potential which was to be used within that area and not to be transferred. If approved, this amendment to SDD No. 4 would only occur in conjunction with the recording of the proposed Ever Vail Subdivision Final Plat. Staff believes the proposed amendments comply with this criterion. 12/4/2012 20 B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. As discussed under Criterion A, the Town’s adopted processes for including the GLOB within the Lionshead Redevelopment Master Plan were followed to establish the appropriate development standards to ensure a development outcome on the site which would be compatible, efficient, and workable with the surrounding uses and activities. The inclusion of the GLOB within the Master Plan and now within the proposal for the overall Ever Vail project will result in a comprehensive redevelopment for the western edge of Lionshead. The physical separation of the GLOB site from the remainder of the SDD caused by Gore Creek and steep grades has resulted in the current development on the site being somewhat isolated. Removal of the site from the SDD and inclusion in the proposed Ever Vail project will result in better planning and redevelopment of the site as it will become a part of the whole. Staff believes that the proposal does comply with this criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The application does not include a specific development proposal at this time. All future development proposals will be required to comply fully with the Town’s adopted parking and loading requirements as required under the Major Exterior Alteration review process. Staff believes that the application complies with this criterion at this time. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Amendments already made to the Vail Land Use Plan and the Lionshead Redevelopment Master Plan established the development standards by which redevelopment on the GLOB site will be reviewed. The portion of the Ever Vail Subdivision that is occupied by the GLOB site will have to comply with Section 5.17.6, Redevelopment Considerations for Glen Lyon Office Building Site, Lionshead Redevelopment Master Plan. Within these site specific recommendations and standards a maximum height of 56 feet is permitted on the site, the 10,829 square feet of office space and all required employee housing units are to be replaced on-site. It is anticipated that the specific development application for the Ever Vail project will comply with these recommendations and standards. Staff believes that the application complies with all the goals and objectives of the Vail Comprehensive Plan, specifically the Lionshead Redevelopment Master Plan . E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Ever Vail development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to 12/4/2012 21 produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The application does not include a specific development proposal at this time. Any future development proposals will be required to comply fully with the Town’s adopted site coverage and landscaping requirements and will be reviewed for sensitivity to natural features. Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Removal of Development Area D from SDD No. 4 has no impacts to the entirety of the SDD. Within SDD No. 4 the five development areas were provided specific development potential and land uses. No portion of the development potential in the SDD is linked as to create shared interests. Removal of Development Area D does not result in the loss of any development potential. The application does not include a specific development proposal at this time. All future development proposals will be required to comply fully with the Town’s adopted transit plan recommendations and requirements and Town of Vail comments regarding pedestrian and vehicular circulation. Staff believes the proposal complies with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Removal of Development Area D from SDD No. 4 has no impacts to the entirety of the SDD. Within SDD No. 4 the five development areas were provided specific development potential and land uses. No portion of the development potential in the SDD is linked as to create shared interests. Removal of Development Area D does not result in the loss of any development potential. The application does not include a specific development proposal at this conjuncture. All future development proposals will be required to comply fully with the Town’s adopted site coverage, landscaping requirements. Compliance with the site coverage and landscaping requirements and the review of individual major exterior alteration applications will result in site plan and building designs which are responsive and sensitive to natural features. Town Staff has discussed with the applicant the need to propose amendments to the Lionshead Redevelopment Master Plan to establish adopted view corridors. Additionally, the intent of the applicant is to enhance the recreation opportunities associated with Red Sandstone Creek and Gore Creek through improvements and the proposed establishment of a conservation easement. Staff believes the proposal complies with this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and 12/4/2012 22 efficient relationship throughout the development of the special development district. The applicant is proposing to remove the GLOB from SDD No. 4, Cascade Village, and therefore this criterion will not longer apply. IX. ZONE DISTRICT BOUNDARY REVIEW CRITERIA Amendment to the Official Zoning Map of the Town of Vail (rezoning) Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, “an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town.” Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to zone Parcels 1 and 2 as depicted on the Ever Vail Subdivision preliminary plan, to Lionshead Mixed Use 2 District. According to Section 12-3-7C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The redevelopment of the properties within the Ever Vail Subdivision began in early 2006, with the start of public meetings and hearings to discuss incorporation of several parcels into the Lionshead Redevelopment Master Plan and amendments to the Master Plan for the area known as “West Lionshead”. In early 2007, Town Council adopted, through resolution, the amendments to the Master Plan that evolved over a year of public process. The proposed rezoning of two new parcels created by the Ever Vail Subdivision is one of the steps in effecting the change in Ever Vail that was anticipated through the adoption of the Master Plan amendments. Staff has reviewed the proposed rezoning request and found it to be in compliance with the multiple elements of the Vail Comprehensive Plan in Section V in whole. With regard to the Vail Land Use Plan, Staff believes that the proposed rezoning in conjunction with the proposed preliminary plan will: 12/4/2012 23 allow the Town to “continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident” by establishing the zone district necessary to implement the recommendations of the Lionshead Redevelopment Master Plan; protect the “environment including air, water and other natural resources.”, through the a proposed open space easement and establishment of a larger development plan which is striving for LEED certification; improve the “quality of development” and become “upgraded” from the light industrial nature of the properties as the snow cat maintenance yard and surface parking are proposed to become subterranean; redevelop the “Commercial strip development” which is not to be perpetuated and “should be avoided” as Cascade Crossing and the Vail Professional Building will become a part of the new mixed-used development; “accommodate” redevelopment “in existing developed areas (infill areas)” ; protect the “stream tract” as it is a “desirable land feature” which should be available for “public use”, by establishing an open space easement over the extents of Red Sandstone Creek; “emphasize” the Town’s role “as a destination resort while accommodating day visitors” by providing a hotel, differing types of residential, and a gondola with associated parking; create partnership opportunities “to make existing facilities and the Town function more efficiently” by establishing a more efficient frontage road design incorporating a round-about and the frame work for the eventual construction of a Simba Run underpass; create opportunities to “improve non-skier recreational options” by including opportunities for activities on Red Sandstone Creek and the creation of a space for the Vail Recreation District which is proposed to include an indoor rock climbing wall; create an opportunity to address “Day skier needs for parking and access” by constructing parking to service the new gondola and the various land uses on the site which could be utilized to provide flexibility in their availability; provide the opportunity to construct new “hotels to serve the future needs of destination skiers”; allow for “Commercial growth… concentrated in existing commercial areas to accommodate both local and visitor needs ” allow for the opportunity to provide “Entertainment oriented business and cultural activities…night-time businesses, on-going events and sanctioned “street happenings”, and 12/4/2012 24 allow for “Affordable employee housing…through private efforts…with appropriate restrictions” to be incorporated into the development through adopted requirements With regard to the policy objectives of the Lionshead Redevelopment Master Plan, Staff believes that the proposed rezoning in conjunction with the proposed preliminary plan will: result redevelopment that is a “ warmer, more vibrant environment for guests and residents” with an “appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character ”; “enhance guest experience and community interaction through expanded and additional activities and amenities”; result in “improved occupancy rates and the creation of additional bed base (“live beds” or “warm beds”) through new lodging products ” by including “live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock-off units), or dwelling units which are included in a voluntary rental management program and available for short term rental”; allow for improved “pedestrian, vehicular, bicycle and mass transit traffic ”, through the redevelopment of a comprehensive site which can accommodate an adequate transportation center including skier drop-off; allow for upgraded infrastructure “to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents”; and allow for “Financially creative and fiscally realistic strategies ” to raise “adequate capital…to fund desired private and public improvements”, by the implementation of a Tax Increment Financing District for projects such as Simba Run The requested rezoning in conjunction with the adoption of the proposed Ever Vail Final Plat will be the basis for creating the foundation from which many of the policies and goals of the Vail Comprehensive Plan can be achieved. Staff believes the proposed rezoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town’s adopted planning documents; and The Lionshead Mixed Use 2 District establishes zoning that is consistent with both existing and proposed uses on the subject properties. Currently, the Ever Vail area contains industrial uses, a public utility, commercial, and office. The Ever Vail project would be adjacent to the water treatment plant which is zoned General Use District and properties to the east which are zoned Lionshead Mixed Use 1 District. Staff believes that the permitted and conditional uses listed within the Lionshead Mixed Use 2 District are suitable uses to be adjacent to the remaining properties. The listed land uses and development regulations for Lionshead Mixed Use 2 District are found in Section IV of this memorandum. 12/4/2012 25 If rezoned to Lionshead Mixed Use 2 District the parcels within Ever Vail will be a mixed use development. The mix of uses contains a combination of retail/commercial, office, dwelling units, accommodation units, time share, and employee housing. Special attention should be given to the Detailed Plan Recommendations outlined Chapter 5 of the Lionshead Redevelopment Master Plan for the area known as Ever Vail. This language is found in Section V of this memorandum. Future major exterior alteration applications will be required to comply with these requirements and conform closely to the recommendations. The Eagle River Water and Sanitation District has requested that provisions should be undertaken to reduce the possibility for future owners of property in Ever Vail to voice concern or file law suits with regard to any potential negative impacts of their land use function. Staff is in agreement with this concern. This letter is attached for reference (Attachment F). Staff believes the Lionshead Mixed Use 2 District is compatible with the adjacent General Use and Lionshead Mixed Use 1 District. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The Lionshead Mixed Use 2 District is consistent with the adjacent zone districts. The proposed zone district implements specific goals of the Vail Land Use Plan and Lionshead Redevelopment Master Plan. The detailed plan recommendations contained within the Lionshead Redevelopment Master Plan will result in the specific development plans for the site being reviewed for pedestrian and vehicular connectivity and efficiency and provision of public transportation facilities. The design for the relocated South Frontage Road West has been thoroughly reviewed and by Staff, the Planning and Environmental Commission, and the Town Council to ensure a design which will address the Vail Transportation Master Plan recommendations for a future Simba Run underpass. The Simba Run underpass has been identified in the Vail Transportation Master Plan as a transportation improvement that will be necessary in the future to address the Town’s overall transit system as demand increases. The proposed Lionshead Mixed Use 2 District zoning has a minimum requirement for 10-foot setbacks from property lines. Staff has expressed concern on several occasions to the applicant that additional setback may be necessary to provide adequate landscape area to allow plant species to grow to maturity and provide a visual buffer. The applicant has acknowledged this concern which will be addressed in conjunction with any site specific development proposal. It is anticipated that the Ever Vail redevelopment will incorporate a metropolitan district to address maintenance and operation costs within the Ever Vail development. The creation of this entity will result in minimal fiscal impacts to the Town for maintenance of streets, heated pedestrian ways, landscaping, etc. The Town of Vail will largely be left with the cost of maintaining the relocated South Frontage Road West with regarding to plowing, signs, and landscaping 12/4/2012 26 Staff believes that the proposed rezoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The proposed rezoning and development plan provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the Lionshead Redevelopment Master Plan. The purpose of the Lionshead Mixed Use 2 District is, in part, “to provide sites for lodges, hotels, fractional fee clubs, lodge dwelling units, and timeshares”, ”to provide economic incentives for properties to redevelop”, and “to create an economically vibrant lodging, housing and commercial core area.” Rezoning the subject property to Lionshead Mixed Use 2 District will allow for the redevelopment of the Ever Vail parcels consistent with the recommendations found in the Master Plan for the Ever Vail site. On November 16, 2010, Economic and Planning Systems, Inc., consultant to the Town, gave a presentation to the Vail Town Council with regard to their findings on the fiscal and economic impacts of Ever Vail. The study concluded that there was a net positive effect on both the fiscal and economic impacts created by the Ever Vail project. These findings were largely the result of the inclusion of a hotel in excess of 100 rooms within the project and the establishment of a metropolitan district to maintain and operate many components of the Ever Vail project. The report supported the reduction in commercial within the project as the conclusion was that an erosion of dollars spent would occur from the existing villages if more than that which supported the guest staying in Ever Vail was constructed. It is anticipated that the Ever Vail project will include a 14,000 square foot specialty grocery store, a subterranean live music venue, and in excess of 30,000 square feet of retail. The amendments made to the Lionshead Redevelopment Master Plan to incorporate the Vail Professional Building, Cascade Crossing, and the Glen Lyon Office Building went through the Town’s adopted review process which is intended to result in orderly growth within the community. The goal of these amendments was to provide a framework for the comprehensive redevelopment of an approximate 12.6 acre site which is the result of the relocation of a portion of the South Frontage Road West. Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to 12/4/2012 27 water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed rezoning will change the existing character and uses currentl y present on the subject properties. However, staff does not foresee any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. In fact, given the language as adopted within the detailed recommendations for the site, it could be reasonably expected that beneficial impacts could result from the rezoning and redevelopment of the site. For example, an intended outcome of the redevelopment of this site, according to the Lionshead Redevelopment Master Plan and the submitted Environmental Impact Report, is the restoration and enhancement of the Red Sandstone Creek riparian corridor. The applicant had an Environmental Impact Report prepared which identified both positive and negative impacts associated with the proposed Ever Vail project. The report highlights the greatest negative impact as being the results of construction on the site including noise, traffic, dust, vehicle emissions, and sedimentation. The plan identifies that this impacts are temporary and many can be mitigated through best management practices with regard to run-off from the site. The plan identifies that development comes with these impacts and the location of the development will result in long term benefits such as increased walkability and connectivity through the site to adjacent development. The plan highlights the need to utilize native plant species in the restoration and improvement of Red Sandstone Creek. Staff believes the proposed rezoning will not have a negative impact on this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The Lionshead Mixed Use 2 District is proposed for the subject property. The proposed zone district amendment is consistent with the intended purpose of that zone district which is in part “to provide sites for lodges, hotels, fractional fee clubs, lodge dwelling units, and timeshares”, “to provide economic incentives for properties to redevelop”, and “to create an economically vibrant lodging, housing and commercial core area.” The proposed zone district will result in the redevelopment of a light industrial area and the new product which will be required to include lodges, hotels, other residential ownership, employee housing, and supporting commercial. Furthermore, the recommendations and requirements of the Lionshead Redevelopment Master Plan will result in no net loss of office space. The rezoning of the Vail Professional Building, Cascade Crossing, Glen Lyon Office Building and the land captured from the abandonment of the South Frontage Road West right-of-way will result in a significant increase in development potential for the site. Of the approximate 12.6 acre Ever Vail site 12/4/2012 28 approximately 5.4 acres is currently zoned Lionshead Mixed Use 2 District. The result of the proposed Ever Vail Subdivision and the requested rezoning is approximately 7.2 acres (approximately 3.44 acres is land previously in the right- of-way) of land area will become zoned Lionshead Mixed Use 2 District. The rezoning of approximately 7.2 additional acres results in 252 dwelling units and approximately 685,693 square feet of gross residential floor area. Staff believes this rezoning request complies with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate . Since the original adoption of zoning on the properties proposed to comprise Parcels 1 and 2 of the Ever Vail Subdivision, the Town of Vail has undergone an extensive study for the redevelopment of properties within the Lionshead study area boundaries. As such, the Town has adopted clearly identifiable goals and objectives for development in this general area of Town. In order to ensure that these goals and objectives for development are carried out, the Town adopted two zone districts; one of which is the Lionshead Mixed Use 2 District. Since the initial adoption of the Lionshead Redevelopment Master Plan there has been a change in the conditions with regard to the properties proposed for inclusion within the Ever Vail Subdivision. Those changes began with the acquisition of multiple properties by a single owner resulting in the ability to propose a more comprehensive redevelopment of this area of Town. It became increasingly feasible to propose the relocation of a portion of the South Frontage Road West to run parallel to the interstate and create a larger contiguous site. If approved, the applicant will be permitted to redevelop Parcels 1 and 2 of the Ever Vail Subdivision in compliance with the Town’s goals and objectives. To that end, the Lionshead Redevelopment Master Plan, through the adoption of Resolutions No. 4, Series of 2007 and No.26, Series of 2008, there are clear and specific objectives for development on the properties to be rezoned. These objectives are found in Chapter 5 of the Lionshead Redevelopment Master Plan and included in Section III of this memorandum. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. X. STAFF RECOMMENDATION Special Development District Major Amendment The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, located at 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. Staff’s recommendation is based 12/4/2012 29 upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval with conditions of the request for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A- 10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, located at 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission make the following findings: “Based upon the review of the criteria outlined in Section VIII of the January 10, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposal to amend Special Development District No. 4, Cascade Village, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code; and, 2. The applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan.” Should the Planning and Environmental Commission choose to forward a recommendation of approval of this major amendment to a special development district, the Community Development Department recommends the Commission apply the following conditions: “1. Approval of this major amendment to a special development district is contingent upon the applicant obtaining Town of Vail approval of the associated request to amend the zone district boundaries of the Town of Vail Official Zoning Map to zone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District. 2. Approval of this major amendment to a special development district shall only become effective upon recording of the associated Ever Vail Subdivision Final Plat as approved by the Planning and Environmental Commission and the Vail 12/4/2012 30 Town Council in accordance with Title 13, Subdivision Regulations, Vail Town Code.” Zone District Boundary Amendment The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to rezone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District, located at located at 862 (Vail Resorts Maintenance Shop), 923 (Holy Cross Lot), 934 (Amoco/BP), 953 (Vail Professional Building), 1000 (Glen Lyon Office Building) and 1031 (Cascade Crossing) South Frontage Road West, and portions the South Frontage Road West right-of-way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. Staff’s recommendation is based upon the review of the criteria outlined in this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this zone district boundary amendment, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to rezone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District, located at located at 862 (Vail Resorts Maintenance Shop), 923 (Holy Cross Lot), 934 (Amoco/BP), 953 (Vail Professional Building), 1000 (Glen Lyon Office Building) and 1031 (Cascade Crossing) South Frontage Road West, and portions the South Frontage Road West right-of-way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to approve this zone district boundary amendment, the Community Development Department recommends the Commission make the following findings: “Based upon the review of the criteria outlined in Section IX of the January 10, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and, 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its 12/4/2012 31 natural environment and its established character as a resort and residential community of the highest quality.” Should the Planning and Environmental Commission choose to recommend approval of this zone district boundary amendment, the Community Development Department recommends the Commission apply the following conditions: “1. Approval of this zone district boundary amendment is contingent upon the applicant obtaining Town of Vail approval of the associated major amendment to a special development district to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village. 2. Approval of this zone district boundary amendment shall only become effective upon recording of the associated Ever Vail Subdivision Final Plat as approved by the Planning and Environmental Commission and the Vail Town Council in accordance with Title 13, Subdivision Regulations, Vail Town Cod e.” XI. ATTACHMENTS A. Vicinity Map B. Draft Ordinance No. X, Series of 2011 C. Ever Vail Site Plan Existing Zoning dated January 3, 2011 D. Ever Vail Site Plan Proposed Zoning dated January 3, 2011 E. Ever Vail dated revised December 21, 2010 12/4/2012 12/4/2012 1 Ordinance No. X, Series of 2011 ORDINANCE NO. X SERIES OF 2011 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 31, SERIES OF 2007, CASCADE VILLAGE, REMOVINF DEVELOPMENT AREA D FROM SDD NO. 4, IN ACCORDANCE WITH SECTION 12-9A-10, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Resolution No. 19, Series of 2008 changed the land use designation for Development Area D to Lionshead Redevelopment Master Plan in the Vail Land Use Plan; and; WHEREAS, Resolution No. 26, Series of 2008 adopted site specific recommendation for Development Area D within the Lionshead Redevelopment Master Plan, and; WHEREAS, the proposed Ever Vail redevelopment incorporates Development Area D into the overall planning and design for the new base area to Vail Mountain; and; WHEREAS, the Planning and Environmental Commission recommended approval of amendments to SDD No. 4, Cascade Village, on January X, 2011; and; WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town’s development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish the Special Development District No. 4, Cascade Village, with Development Area D, becoming a part of proposed parcels include within the Ever Vail redevelopment. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 12/4/2012 2 Ordinance No. X, Series of 2011 Section 1. Purpose of the Ordinance Ordinance No. 31, Series of 2007, is hereby repealed and re-enacted by Ordinance No. X, Series of 2011. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Special Development District No. 4, resulting in the removal of Development Area D. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose (deletions are shown in strike through/additions are shown in bold) Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 12/4/2012 3 Ordinance No. X, Series of 2011 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 12/4/2012 4 Ordinance No. X, Series of 2011 Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 96.155 acres and Special Development District No. 4 and the 97.955 96.155 acres may be referred to as “SDD No. 4.” B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 97.955 96.155 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses 12/4/2012 5 Ordinance No. X, Series of 2011 A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 12/4/2012 6 Ordinance No. X, Series of 2011 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E.D. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall 12/4/2012 7 Ordinance No. X, Series of 2011 area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E.D. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the 12/4/2012 8 Ordinance No. X, Series of 2011 exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, 12/4/2012 9 Ordinance No. X, Series of 2011 tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12/4/2012 10 Ordinance No. X, Series of 2011 Density--Dwelling Units, The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Vail Town Code. 12/4/2012 11 Ordinance No. X, Series of 2011 D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects Aus DUs GRFA Retail/ Commercial Square Foot On-Site Parking Cascade Structure Parking MILLRACE I 16 20,000 20 0.00 MILLRACE II 14 17,534 25 0.00 MILLRACE IIII 3 6,450 7 MILLRACE IV (COSGRIFF)*** 6 10,450 19 0.00 12/4/2012 12 Ordinance No. X, Series of 2011 Aus DUs GRFA Retail/ Commercial Square Foot On-Site Parking Cascade Structure Parking WESTIN 148 55,457 0.00 115 Alfredo=s 104 Seats Café 74 Seats Little Shop 1,250 Pepi Sports 2,491 W & H Smith, Vaurnot 900 CMC BUILDING Cascade Wing 8 15,870 0.00 16 Clancy=s 1,600 0.00 13.3 Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 Theater/Meeting Room 2J 1,387 0.00 11.5 TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 PLAZA 1 12/4/2012 13 Ordinance No. X, Series of 2011 Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 PLAZA II Conference 0.00 35 Retail 925 0.00 3 CASCADE CLUB Retail 300 0.00 1 Bar & Restaurant 252 0.00 3.5 Office in CMC 828 0.00 3 Wellness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 LIFTSIDE (WATERFORD) Units 27 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4,500 22.5 Plaza Office** 925 .7 12/4/2012 14 Ordinance No. X, Series of 2011 TOTALS 288 AU 76 DU (includes 2 EHUS) 239,680 24,598 129 449.9 **Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. ***For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 in Cascade Parking Structure Parking Spaces 461.9 Less 17.5% Mixed-Use Credit -80.8 Total Required Parking at Build-Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build-Out of Area A With 17.5% mixed-use credit 381.1 Development Plans 12/4/2012 15 Ordinance No. X, Series of 2011 Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 12/4/2012 16 Ordinance No. X, Series of 2011 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 12/4/2012 17 Ordinance No. X, Series of 2011 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: Dwg. # Title Author Date A-1.0 Title Sheet Morter Architects 03-15-05 A-1.1 Vicinity Map Morter Architects 01-31-05 A-1.2 GRFA Summary Morter Architects 03-15-05 A-1.3 Spring Equinox Sun Shading Morter Architects 01-31-05 A-1.4 Summer Solstice Sun Shading Morter Architects 01-31-05 A-1.5 Fall Equinox Sun Shading Morter Architects 01-31-05 A-1.6 Winter Solstice Sun Shading Morter Architects 01-31-05 A-1.7 Site Plan Morter Architects 03-15-05 C001 Cover Sheet Alpine Engineering 03-14-05 C002 Grading Plan (West Half) Alpine Engineering 03-14-05 C003 Grading Plan (East Half) Alpine Engineering 03-14-05 C004 Storm Drainage Plan Alpine Engineering 03-14-05 C005 Grading and Drainage Details Alpine Engineering 03-14-05 C006 Utility Plan Alpine Engineering 03-14-05 C007 Utility Details Alpine Engineering 03-14-05 C008 Demolition Plan Alpine Engineering 03-14-05 L-1 Landscape Plan Dennis Anderson Assoc. 03-15-05 L-2 Landscape Plan – Cascade Club Dennis Anderson Assoc. 03-15-05 12/4/2012 18 Ordinance No. X, Series of 2011 A2.0 Parking Level Plan Morter Architects 03-15-05 A2.1 First Floor Plan Morter Architects 03-15-05 A2.2 Second Level Plan Morter Architects 03-15-05 A2.3 Third Level Plan Morter Architects 03-15-05 A2.4 Fourth Level Plan Morter Architects 03-15-05 A2.5 Roof Plan Morter Architects 03-15-05 A3.1 Building A Elevations Morter Architects 03-15-05 A3.2 Building B Elevations Morter Architects 03-15-05 A4.0 Building Sections Morter Architects 02-14-05 A4.1 Building Sections Morter Architects 02-14-05 A4.2 Building Sections Morter Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets, Dwg. # Title Author Date A-2.20 Second Floor Plan RKD Architects 01-28-07 A-2.30 Third Floor Plan RKD Architects 01-28-07 A-2.40 Fourth Floor Plan RKD Architects 01-28-07 A-2.50 Fifth Floor Plan RKD Architects 01-28-07 A-3.10 East and North Building Elevations RKD Architects 01-28-07 A-3.20 West and South Building Elevations RKD Architects 01-28-07 * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design 12/4/2012 19 Ordinance No. X, Series of 2011 Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Vail Town Code. For single-family Lots 39-1 and 12/4/2012 20 Ordinance No. X, Series of 2011 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 12/4/2012 21 Ordinance No. X, Series of 2011 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. 12/4/2012 22 Ordinance No. X, Series of 2011 Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71% of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking 12/4/2012 23 Ordinance No. X, Series of 2011 structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 12/4/2012 24 Ordinance No. X, Series of 2011 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H.G. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I.H. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J.I. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. 12/4/2012 25 Ordinance No. X, Series of 2011 K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Area D, Glen Lyon Commercial Site. 12/4/2012 26 Ordinance No. X, Series of 2011 The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be 12/4/2012 27 Ordinance No. X, Series of 2011 entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore 12/4/2012 28 Ordinance No. X, Series of 2011 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this X day of January, 2011, and a public hearing for second reading of this Ordinance set for the X day of February, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ____________________ Richard Cleveland, Mayor ATTEST: __________________________ Lorelei Donaldson, Town Clerk 12/4/2012 12/4/2012 12/4/2012 Original Applica,on March 2007 Re‐Submi:ed December 2008 Revised November 2009 Revised November 2010 Revised December 21, 2010 12/4/2012 Consultant Directory Vail Resorts Development Company 137 Benchmark Road Avon, CO 81620 (ph) 970‐754‐2544 Tmiller1@vailresorts.com Mauriello Planning Group PO Box 1127 Avon, CO 81620 (ph) 970.748.0920 dominic@mpgvail.com CALLISON 1420 FiVh Avenue #2400 SeaXle, WA 98101‐2343 (ph) 206.623.4646 Alpine Engineering, Inc. P.O. Box 97 Edwards, CO 81632 (ph) 970.926.3373 Paladino and Company (ph) 206.522.7600 www.paladinoandco.com AMEC Earth & Environmental 1002 Walnut, Suite 200 Boulder, CO 80302 (ph) 303.443.7839 Thompson and Trautz, LLC PO Box 984 Avon, CO 81620 (ph) 970.949.1413 Kimley‐Horn and Associates, Inc 950 Seventeenth Street Suite 1050 Denver, CO 80202 (ph) 303.228.2300 LandWorks Design, Inc. 3457 Ringsby Court Suite 110 Denver, CO 80202 (ph) 303.433.4257 PCL Construcaon Services, Inc. 2000 South Colorado Blvd. Tower Two ‐ Suite 2‐500 Denver, CO 80222 (ph) 303.365.6500 Peak Land Consultants, Inc. 1000 Lions Ridge Loop Vail, CO 81657 (ph) 970.476.8644 BBC Consulang 3773 Cherry Creek N. Drive, Suite 859 Denver, CO 80209 (ph) 303.321.2547 Ever Vail (Rev. 12.21.10) 2 12/4/2012 Table of Contents ....................................................................................................I. EVER VAIL UPDATE – NOVEMBER 2010 4 A. INTRODUCTION ................................................................................................................................................. 4 B. BACKGROUND .................................................................................................................................................. 6 C. EXISTING CONDITIONS ........................................................................................................................................ 9 D. PROPOSED CONDITIONS ................................................................................................................................... 10 E. EVER VAIL AND LEED CERTIFICATION .................................................................................................................. 12 ................................................................................................................................II. ZONING ANALYSIS 13 .........................................................................................................................III. MASTER PLAN REVIEW 15 A. LIONSHEAD REDEVELOPMENT MASTER PLAN ........................................................................................................ 15 B. COMPREHENSIVE OPEN LANDS PLAN .................................................................................................................. 28 C. VAIL TRANSPORTATION MASTER PLAN ................................................................................................................ 29 ............................................................................................................................IV. MAJOR SUBDIVISION 30 A. INTRODUCTION OF THE MAJOR SUBDIVISION REQUEST ........................................................................................... 30 B. REVIEW CRITERIA FOR A MAJOR SUBDIVISION ...................................................................................................... 30 ............................................................................................................................................V. REZONING 34 A. INTRODUCTION TO THE REZONING REQUEST ......................................................................................................... 34 B. REVIEW CRITERIA FOR A REZONING REQUEST........................................................................................................ 35 ....................................................................................................................VI. SDD MAJOR AMENDMENT 38 A. INTRODUCTION TO THE SDD MAJOR AMENDMENT................................................................................................ 38 B. REVIEW CRITERIA FOR THE SDD MAJOR AMENDMENT ........................................................................................... 38 ...............................................................................................................................VII. TEXT AMENDMENT 41 A. INTRODUCTION TO TEXT AMENDMENT ............................................................................................................... 41 B. REVIEW CRITERIA FOR A TEXT AMENDMENT ........................................................................................................ 43 .................................................................................................................VIII. CONDITIONAL USE PERMITS 46 A. INTRODUCTION OF THE CONDITIONAL USE PERMITS .............................................................................................. 46 B. REVIEW CRITERIA FOR A CONDITIONAL USE PERMIT............................................................................................... 46 .............................................................................................................IX. MAJOR EXTERIOR ALTERATION 49 A. INTRODUCTION TO THE MAJOR EXTERIOR ALTERATION ........................................................................................... 49 B. REVIEW CRITERIA FOR THE MAJOR EXTERIOR ALTERATION....................................................................................... 49 .....................................................................................................................................X. HOUSING PLAN 52 ..........................................................................................................................XI. ADJACENT ADDRESSES 57 Ever Vail (Rev. 12.21.10) 3 12/4/2012 I. Ever Vail Update – November 2010 A. Introduc4on Ever Vail, LLC, an affiliate of Vail Resorts Development Company (the Applicant) is providing updated plans and applicaaon materials for the Ever Vail project. The Ever Vail project has been in the Town of Vail approval process since 2007, having been reviewed in approximately 35 meeangs and hearings with the Town and the community. The review process has posiavely shaped and re‐shaped the project since the original plan submiXed three years ago. Many milestones have also been achieved in that process, including the review and approval of the relocated South Frontage Road by CDOT and FHWA. The revised plans provided today reflect the input and comments we have received over the last year and which we believe have craVed a beXer project overall. The most significant change to the programming is the reducaon of the total square footage of commercial retail uses within the project. We heard strongly from the community, the Town Council, and the Town staff that there was concern that the amount of retail being proposed would compete too heavily with the other core retail areas. Your economic and fiscal consultant, EPS, and our economic and fiscal consultant, BBC Research, were also concerned about the viability of the amount of retail area being proposed. We are convinced that reducing the commercial retail area to a level that is necessary to simply serve the populaaon living, staying and parking at Ever Vail is the right approach for this project. There is now enough retail floor area to serve Ever Vail with success and vibrancy, but those staying within Ever Vail will need to seek out other shopping and dining opportuniaes within the Town to feel commercially saasfied. The following are some of the more significant aspects of the project that have been improved or maintained in the updated design that will add to the success of the project: •Revisions to the Red Sandstone Creek corridor creaang a larger open park‐like area. We eliminated one of the two pedestrian bridges across Red Sandstone Creek and added a new pedestrian and bicycle bridge across Gore Creek making the project much more accessible to the Gore Creek trail. The Applicant is also proposing to grant a conservaaon easement for the Red Sandstone Creek to the Town, which today runs across private property, as suggested by the Town’s Comprehensive Open Lands Plan; •There is a significant reducaon in the building mass based on comments we received from the Planning and Environmental Commission (PEC), eliminaang most of the bridges connecang buildings and opening up the pedestrian areas to more light and air; •With the reducaon of retail floor area, Market Street has been modified to a pedestrian area with a short segment of residenaal development at the grade level, complemenang the grade level of the Ritz‐ Carlton Residences across the street, and then leading to the front door of the new RockResorts hotel and into the commercial zone of the Ever Vail project; •A 4‐star RockResorts hotel with 102 hotel rooms will be complemented by the addiaon of 29 lock‐off units within the hotel. There are also an addiaonal 20 lock‐offs in the project bringing the number of Ever Vail (Rev. 12.21.10) 4 12/4/2012 keys to potenaally 342 (hotel rooms + managed dwelling units + lock‐offs) and helping to meet Town goals of “warming up” the project as much as possible. •The revised transit and bus stop faciliaes in the project, given the nod by both Town staff and PEC, are capable of accommodaang both skier drop‐off and bus stop faciliaes in close proximity to the proposed gondola; •The 400 publicly‐available parking spaces beyond the required parking for uses on the site remain in the project. The Town’s master plan suggests that the property accommodate public parking in this area. The Applicant took this master plan goal one giant step forward by not only accommodaang for the 400 parking spaces, but actually commivng to paying for their construcaon at no financial impact to the Town of Vail. With the required parking to serve retail uses on the property, the proposal includes a total of 665 spaces available to skiers and consumers; •Ever Vail is proposed to contain approximately 67% of the employee housing requirement on‐site which is in excess of the Town’s requirements; •The relocaaon of the weekend DEVO program from Golden Peak to Ever Vail remains in the plans, thus reducing the congesaon problems encountered along Vail Valley Drive. The 12,000‐square‐foot recreaaonal facility for the Vail Recreaaon District’s Youth Services includes an 80‐foot‐tall climbing wall within a glassed structure acang as an iconic element for the project. •The project master plan maintains the USGBC Stage One LEED for Neighborhood Development approval with a Plaanum designaaon, the highest level achievable under the program. The Applicant believes that the sustainable and green aspects and LEED raang of this project will set Ever Vail apart from other resort projects across the country and throughout the world, and will help posiaon both Vail Resorts and the Town of Vail as leaders in their collecave pursuits of sustainable goals; and Finally, the Applicant has revised the project such that there is no need for any variances to Town Code. The project fully complies with Town Code and is consistent with the Lionshead Redevelopment Master Plan. Ever Vail (Rev. 12.21.10) 5 12/4/2012 B. Background In March of 2007, the Applicant submiXed the original applicaaon for a rezoning and major subdivision to facilitate the review process for Ever Vail. The applicaaon was reviewed by the Planning and Environmental Commission on September 22, 2007, following a staff recommendaaon of approval, who subsequently recommended approval to the Town Council. The Town Council requested that the Applicant return with all applicaaons necessary to facilitate the Ever Vail project, rather than just the Major Subdivision and Rezoning request, and the applicaaons were subsequently withdrawn to allow the Applicant to prepare the enare enatlement package for review by the Town of Vail. On December 2, 2008, the Applicant submiXed all applicaaons to facilitate the development of Ever Vail. The early part of 2009 was spent reviewing the proposed Frontage Road and a general overview of the project, with meeangs occurring all through 2009 and culminaang in substanaal revisions to the plans based on the input from Town Staff, Planning and Environmental Commission, Design Review Board, and Town Council, in addiaon to input received at the various public open houses. Revision to the plans were made in November of 2009, addressing this input. Since the March 2007 submiXal, the following public meeangs have occurred: Mee,ng Board Date Topic 1 Planning and Environmental Commission 5‐14‐07 Worksession 2 Planning and Environmental Commission 6‐25‐07 Worksession 3 Planning and Environmental Commission 7‐23‐07 Worksession 4 Planning and Environmental Commission 9‐24‐07 Major Subdivision approval, rezoning discussion 5 Planning and Environmental Commission 10‐22‐07 Recommendaaon of approval for Rezoning 6 Town Council 1‐22‐08 Update 7 Town Council 7‐1‐08 Update 8 Town Council 7‐15‐08 Rezoning Request 9 Town Council 9‐2‐08 Amendment to Vail Land Use Plan for Cascade Crossing, Vail Professional Building, GLOB 10 Planning and Environmental Commission 12‐22‐08 Frontage Road 11 Design Review Board 1‐7‐09 Frontage Road 12 Planning and Environmental Commission 1‐12‐09 Frontage Road, Major Subdivision 13 Planning and Environmental Commission 1‐26‐09 Frontage Road, Major Subdivision, Extensive Site Visit 14 Planning and Environmental Commission 2‐9‐09 Frontage Road, Vehicular Circulaaon, Pedestrian Connecaons 15 Planning and Environmental Commission 2‐23‐09 Frontage Road, Major Subdivision 16 Planning and Environmental Commission 3‐13‐09 Frontage Road, Major Subdivision, PEC approval of width of R‐O‐W 17 Town Council 4‐21‐09 Frontage Road endorsed for submiXal to CDOT 18 Planning and Environmental Commission 12‐14‐09 Project overview, public and private parking, skier parking analysis 19 Town Council 12‐15‐09 Update on project 20 Design Review Board 12‐16‐09 Project overview, review of site plan and landscape plan, general architecture Ever Vail (Rev. 12.21.10) 6 12/4/2012 Mee,ng Board Date Topic 21 Public Open House 12‐30‐09 Project overview and review of changes 22 Planning and Environmental Commission 1‐11‐10 Core Area Parking, vehicular circulaaon below grade, Traffic Report, Walker Parking Report 23 Town Council and Planning and Environmental Commission 1‐19‐10 Project overview at joint worksession 24 Planning and Environmental Commission 1‐25‐10 Circulaaon, public spaces and plazas, ground level uses, Market Study 25 Planning and Environmental Commission 2‐8‐10 Other programming 26 Community Meeang 2‐11‐10 Transportaaon, Traffic Circulaaon, Skier Drop‐Off 27 Planning and Environmental Commission 2‐22‐10 Fiscal Impact Analysis 28 Community Meeang 3‐5‐10 Project overview 29 Planning and Environmental Commission 3‐22‐10 Building bulk and mass, setbacks, transit, connecaons to Cascade and Lionshead 30 Town Council 4‐7‐10 Project Update 31 Town Council 4‐20‐10 Metro District Update 32 Art in Public Places 3‐2‐09 Project Overview, Potenaal Art Opportuniaes 33 Planning and Environmental Commission 4‐26‐10 Transit, connecaons to Cascade and Lionshead 34 Planning and Environmental Commission 5‐24‐10 Bulk and Mass 35 Town Council 6‐15‐10 EPS Fiscal Review Addiaonal meeangs occurred prior to the March 2007 submiXal, including extensive meeangs to amend the Lionshead Redevelopment Master Plan for West Lionshead and subsequent meeangs to amend the Lionshead Redevelopment Master Plan to include the Glen Lyon Office Building site (submiXed by others). In addiaon to the meeangs with all of the various boards and commissions, the Applicant has aXended weekly meeangs with staff to ensure that all issues have been addressed. Previous studies have been revised when necessary, and provided for review by the Town of Vail. All of the applicaaons submiXed to the Town for review and approval are listed below: Ever Vail (Rev. 12.21.10) 7 12/4/2012 Applica,on Type Brief Descrip,on Reviewing Board* Major Subdivision The preliminary subdivision plan which was approved by the PEC in 2007 has since expired. The purpose of the preliminary subdivision plan is to plat the property into Lots 1 and 2 of the Ever Vail Subdivision. From the previous approval, addiaonal land has been added to accommodate some ualiaes. The preliminary subdivision plan includes the relocaaon of the S. Frontage Road. The Town of Vail has approved a paraal Preliminary Plan establishing the north property line of the Ever Vail property in 2009. PEC final approval Rezoning The area of Ever Vail to the west of Red Sandstone is currently zoned ABD and the current S. Frontage Rd. is unzoned. Glen Lyon Office Building (GLOB) is currently part of SDD #4, Cascade Village. These areas will be zoned Lionshead Mixed Use – 2, to match the remaining poraon of the property and consistent with the Lionshead Redevelopment Master Plan. PEC recommendaaon TC final approval SDD Major Amendment Along with the rezoning, a Major Amendment applicaaon to SDD #4 is proposed to eliminate the Glen Lyon Office Building from this SDD. PEC recommendaaon TC final approval Text Amendment Ever Vail is not currently within the Core Area for parking requirements. The amendment allows for Ever Vail to be within the Core Area, consistent with its intended use and transit faciliaes. PEC recommendaaon (approved 1.11.10) TC final approval Condiaonal Use Permits The private parking structure, certain residenaal uses, office, conference and meeang space, maintenance facility, transit center, and the gondola are idenafied as condiaonal use permits in the LMU‐2 zone district. PEC final approval Major Exterior Alteraaon The construcaon of buildings within LMU‐2 requires a major exterior alteraaon. PEC final approval Flood Plain Modificaaon Permit The relocaaon of the South Frontage Road impacts the flood plain. Addiaonal flood plain modificaaon permits may be required for improvements to Red Sandstone Creek and will be provided during the Design Review process. PEC final approval *the Town Council can call‐up the decision of the Planning and Environmental Commission Ever Vail (Rev. 12.21.10) 8 12/4/2012 C. Exis4ng Condi4ons Ever Vail is a project proposed on an approximately 12‐acre site in the area known as West Lionshead. The site includes the Vail Professional Building, Cascade Crossing, the Vail Maintenance Yard, the old BP Gas Staaon, and the Glen Lyon Office Building, along with poraons of the exisang South Frontage Road. The gas staaon was demolished and environmental remediaaon undertaken in preparaaon for this project, so the gas staaon site is currently used as Vail Resorts employee parking (59 spaces) displaced by the construcaon of the First Chair employee housing project . The following table provides background informaaon about the current uses on the site: Site General Descrip,on Specific Use(s) Vail Professional Building Offices and limited retail 1,938 sf retail 17,987 sf office Cascade Crossing Retail and limited office 8,584 sf retail 1,479 sf restaurant 1,020 sf office Old BP Gas Staaon Former gas staaon and auto repair, temporarily used for employee parking 3,374 sf repair shop Glen Lyon Office Building Offices 10,829 sf office Vail Maintenance Yard Maintenance yard and VR employee parking 245 parking spaces 9,600 sf office/warehouse Ever Vail (Rev. 12.21.10) 9 12/4/2012 D. Proposed Condi4ons These revisions to the previous applicaaons are intended to address all comments received to‐date and to allow for final approval of the Ever Vail project. The most substanaal change made to the project is a significant reducaon in commercial uses on the site. The Town Council, staff, and the Town’s consultant expressed concern that the level of commercial use in Ever Vail was not appropriate based on the proposed density of the project and the needs of the Town of Vail. As a result, a significant amount of commercial square footage was removed from the plans. This had the ripple effect of reducing the parking requirement and commercial linkage employee housing requirements for the project. All commercial uses were removed from the west side of the project, allowing for a new park‐like feature at the confluence of Gore and Red Sandstone Creeks. Commercial uses were also removed from the east side of the project and replaced with residenaal uses on the first floor. As a result, a new Condiaonal Use Permit Applicaaon was submiXed for these uses. Other changes include the eliminaaon of some of the bridges which connected buildings, eliminaaon of the transit center in the front setback, eliminaaon of the variance for site coverage (underground uses), a reducaon in height of certain buildings, the conversion of a poraon of Market Street to a completely pedestrianized zone, etc. Hotel and Commercial Uses The project conanues to include the extensive list of uses and ameniaes as previously conceived. The Rock Resort Hotel with 102 rooms and associated conference and meeang rooms of over 9,807 sq. V. (gross) is sall proposed. With the addiaon of 49 lock‐off units the hot and warm bed count of Ever Vail has been increased dramaacally. Ever Vail will have an approximately 13,000 sq. V. specialty market, along with 15,000 sq. V. of general retail. There will be an addiaonal 16,000 sq. V. of restaurant area and a 6,600 sq. V. nightclub. Ever Vail will also include approximately 34,600 sq. V. of office uses, increasing the total amount of offices uses currently exisang (approx. 29,000 sq. V.) on the site. Residen4al and Employee Housing Ever Vail includes 381 condominium units with approximately 570,000 sq. V. of GRFA. Forty‐nine (49) of these condominiums will have lock‐offs, resulang in a significant increase in warm beds available in the Town of Vail. In addiaon, there will be approximately 41 employee housing units, both for‐sale and rental units, meeang approximately 67% of our requirement on‐site. A poraon of the employee units will be restricted to lower income families pursuant to the LEED ND program, well beyond the requirements of the Town of Vail. Parking and Transit The Applicant remains commiXed to providing 400 day‐skier parking spaces, as outlined in the Lionshead Redevelopment Master Plan to alleviate parking currently occurring on the Frontage Road and to accommodate the shiVing demand for parking as a result of the new gondola. Along with the 400 skier spaces, there are an addiaonal 289 parking spaces to saasfy the “no net loss” policy of the Lionshead Redevelopment Master Plan. There are an addiaonal 265 commercial spaces for a total of approximately 665 parking spaces open to the public for commercial users and skiers. A complete parking analysis is provided in Secaon II of this update. Since the previous update, substanaal work has occurred on finalizing a transit center design for Ever Vail. Now approximately 25,000 sf, the Ever Vail transit center will accommodate four buses, and 13 skier drop‐off spaces, with opportunity for expansion onto the Frontage Road for addiaonal transit uses should addiaonal bus bays be necessary. At a direct cost to the Applicant of approximately $8,000,000, this is a huge benefit to the enare Town of Vail community. Ever Vail (Rev. 12.21.10) 10 12/4/2012 Vail Mountain Ever Vail is about the mountain. A new gondola will be provided, helping to alleviate congesaon at the other mountain portals. Finally, mountain operaaons will receive a brand‐new, state of the art, completely subterranean mountain operaaons facility with direct access to the snowcat bridge and access road up Tract K. The following provides a general summary of the programming proposed based on each building for Ever Vail. A complete zoning analysis, with a more specific breakdown of all uses is provided in Secaon II: Building General Descrip,on Uses and/or Approx. SF WESTWESTWEST W1 Residenaal 45 du 17 ehu W2 Mixed‐Use 65 du (includes 20 lock‐offs) 12,172 sf children’s services W3A‐E Residenaal 34 du 5 ehu EASTEASTEAST E1 Mixed‐Use 20 du 5,732 sf commercial 2,887 sf office 3,487 sf meeang space E2 Mixed‐Use 58 du 6 ehu 10,311 sf commercial 1,900 sf office E3 Mixed‐Use 51 du (includes 24 lock‐offs) 56 au 16,368 sf commercial 9,950 sf spa E4 Gondola NA E5 Mixed‐Use, Transit Center 52 du 4 ehu 29,882 sf office 2,332 sf commercial 25,041 sf transit center E6 Residenaal 27 du (includes 5 lock‐offs) 46 au E7 Mixed‐Use 29 du 9 ehu 19,935 sf commercial Ever Vail (Rev. 12.21.10) 11 12/4/2012 E. Ever Vail and LEED Cer4fica4on The U.S. Green Building Council has developed a LEED for Neighborhood Development Raang System. The U.S. Green Building Council, the Congress for the New Urbanism, and the Natural Resources Defense Council—three organizaaons that represent some of the naaon’s leaders among progressive design professionals, builders, developers, and the environmental community—have come together to develop a naaonal set of standards for neighborhood locaaon and design based on the combined principles of smart growth, new urbanism, and green building. The goal of this partnership is to establish these standards for assessing and rewarding environmentally superior development pracaces within the raang framework of the LEED (Leadership in Energy and Environmental Design) Green Building Raang System™. The Neighborhood Development raang system is designed to cerafy exemplary development projects that perform well in terms of smart growth, new urbanism, and green building. Projects may consatute whole neighborhoods, fracaons of neighborhoods, or mulaple neighborhoods. Smaller, infill projects that are single use but complement exisang neighboring uses should be able to earn ceraficaaon as well as larger and mixed‐use developments. Ever Vail has been accepted to be a LEED cerafied neighborhood development and has received its Stage One approval by the USGBC. The Ever Vail Master Plan achieved a LEED Plaanum Raang (the highest possible raang) in September 2008 when it completed Final Stage One LEED‐ND Review was returned by USGBC. According to USGBC, Ever Vail was the: ¥12th LEED‐ND project cerafied ¥2nd Plaanum LEED‐ND project ¥1st LEED‐ND project in Colorado/Rocky Mountain Region ¥LEED‐ND project furthest east of the Pacific Ever Vail (Rev. 12.21.10) 12 12/4/2012 II. Zoning Analysis Requirement Allowed/Required Proposed Lot Size: Buildable Area: 10,000 sq. V. 10,000 sq. V. 12.617 acres / 549,574 sq. V. 480,313 sq. V. Setbacks: Front/Side/Side/Rear: Gore Creek: Red Sandstone: 10 V./10 V/10 V./10 V. 50 V. 30 V. 10 V. minimum 50 V. minimum 30 V. minimum Height: Max: Average: 82.5 V. 71 V. 82.5 V. <71 V. Density: Units: Units per Acres: 430 units 35 units/acre 381 units 30.20 units/acre GRFA:250% of buildable area 1,200,783 sq. V. 131% of buildable area 628,462 sq. V. (includes hotel) Site Coverage:70%/384,701 sq. V.69.98% / 384,623 sq. V. (Above‐grade site coverage = 46%) Landscape Area:20%/109,914 sq. V.28.28% / 155,381 sq. V. SoVscape: 23.56% / 129,484 sq. V. Hardscape: 22.63% / 124,345 sq. V. Loading and Delivery:Max of 5 bays 10 straight‐body truck bays 3 semi truck bays 1 hauler cat bay Parking: (a full analysis is provided in Secaon VI) 772.3 spaces 1,478 spaces As the Zoning Analysis indicates, Ever Vail meets the requirements of the Lionshead Mixed Use ‐ 2 zone district and no variances are required for approval. In addiaon to the zoning requirements, Ever Vail fully complies with the Lionshead Redevelopment Master Plan, which in some cases is more restricave than the zoning. The Zoning Analysis provided above outlines the project with regard to the zoning standards, but does not give a complete picture of all of the uses proposed on site. The following table is intended to provide an understanding of all of the various uses proposed: Use West East Total Dwelling Units (DU)144 237 381 DU GRFA 215,776 355,542 571,318 Units with Lock‐Off (not addiaonal DU)20 29 49 Accommodaaon Units (AU)0 102 102 AU GRFA 0 94,482 94,482 Employee Housing Units (EHU)22 19 41 EHU GRFA (on‐site)26,155 23,544 49,699 Ever Vail (Rev. 12.21.10) 13 12/4/2012 Use West East Total Office NSF 0 34,669 34,669 Retail NSF 0 31,527 31,527 Eaang and Drinking Establishment NSF 0 22,337 22,337 Eaang and Drinking Establishment (Seaang SF ‐ for calculaang parking) 0 11,307 11,307 Conference and Meeang Space NSF 0 9,807 9,807 Conference and Meeang Space (Seaang SF ‐ for calculaang parking) 0 7,465 7,465 Spa NSF 0 9,950 9,950 Skier Tickeang NSF 0 2,526 2,526 Children’s Services NSF 12,172 0 12,172 Mountain Ops 0 91,561 91,561 The following table provides a summary of the parking analysis (addiaonal calculaaons are provided in Secaon VI): Use Parking Required Dwelling Units Employee Housing Units Total Residen,al 413.4 44.4 457.8 Accommodaaon Units Office Retail/Skier Services Eaang and Drinking Conference Spa Children’s Services Mtn Ops Total Commercial/Other 55.3 72.5 61.2 35.0 23.4 7.7 9.4 50 314.5 Skier Parking Obliga,on 400 Employee Replacement Parking Obliga,on 289 Total Required + Obliga,on 1,461.3 Total Spaces Provided 1,478.0 Ever Vail (Rev. 12.21.10) 14 12/4/2012 III. Master Plan Review A. Lionshead Redevelopment Master Plan The Lionshead Redevelopment Master Plan (LRMP) provides the framework for the Town of Vail to review this applicaaon to facilitate the redevelopment of Ever Vail. The Lionshead Redevelopment Master Plan was originally adopted in December of 1998 and amended numerous ames. At the ame of adopaon, the Town recognized that Vail was nearing an important crossroads and that major changes were necessary to remain at a compeaave advantage in the ski resort industry. The purpose statement of the LRMP clearly idenafies how Vail intended to face this compeaaon head‐on: (Sec. 2.1) This master plan was ini4ated by the Town of Vail to encourage redevelopment and new development ini4a4ves within the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer a world‐class resort experience. Lionshead’s economic poten4al has been inhibited by a number of recurrent themes: lack of growth in accommoda4on units (“hot beds”), poor retail quality, the apparent deteriora4on of exis4ng buildings, an uninteres4ng and disconnected pedestrian environment, mediocre architectural character, and the absence of incen4ves for redevelopment. Redevelopment is cri4cal for Vail and Lionshead if the community is to remain a compe44ve four‐season resort. Other resorts are spending millions of dollars to upgrade their facili4es in order to aYract more visitors year‐round. Growth in the number of skiers annually has slowed to one to two percent, intensifying compe44on for market share. Skiers are spending less 4me skiing and more 4me shopping, dining out, and enjoying other off‐mountain ac4vi4es. As a result, the demand for quality retail shopping and a greater diversity of experiences has drama4cally increased. All of these are sorely in need of improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facili4es and correct the exis4ng flaws in its primary commercial nodes. This purpose statement reads much like the Applicant’s purpose for the Ever Vail development: ¥An increase and diversificaaon in hot beds. This is accomplished through the Rock Resort hotel, 49 lock‐offs, and dwelling units have the opportunity to paracipate in a voluntary rental program. ¥An increase and diversificaaon in retail offerings, a live music venue and a specialty market/grocer. ¥Removal of older, deterioraang buildings, including an aging maintenance facility and the exisang strip mall‐ type use. The new structures will be built to LEED standards and the new maintenance facility will allow Mountain Operaaons to have a state‐of‐the‐art, efficient facility to serve their needs in maintaining Vail’s premier mountain status. All of this will be done in an exciang and inter‐connected pedestrian environment bounded by sophisacated architecture and an extraordinary natural environment. Ever Vail (Rev. 12.21.10) 15 12/4/2012 The LRMP provides six policy objecaves which further detail this purpose statement: (Sec. 2.3) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent iden4ty, a sense of place, a personality, a purpose, and an improved aesthe4c character. Vitality and Ameni4es We must seize the opportunity to enhance guest experience and community interac4on through expanded and addi4onal ac4vi4es and ameni4es such as performing arts venues, conference facili4es, ice rinks, streetscape, parks and other recrea4onal improvements. Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the crea4on of addi4onal bed base (“live beds” or “warm beds”) through new lodging products. Live beds and warm beds are best described as residen4al or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create addi4onal bed base in Lionshead, applica4ons for new development and redevelopment projects which include a residen4al component shall provide live beds in the form of accommoda4on units, frac4onal fee club units, lodge dwelling units, 4meshare units, aYached accommoda4on units (i.e, lock‐off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addi4on to crea4ng addi4onal bed base through new lodging products, there shall be no net loss of exis4ng live beds within the Lionshead Redevelopment Master Plan study area. Improved Access and Circula4on The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transporta4on systems, parking, u4li4es, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitaliza4on efforts and to meet the service expecta4ons of our guests and residents. Crea4ve Financing for Enhanced Private Profits and Public Revenues Financially crea4ve and fiscally realis4c strategies must be iden4fied so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Maintenance Yard Chapter 3 of the LRMP idenafies all of the exisang condiaons presenang challenges to the objecaves of the Town of Vail. Many of these are described in general terms. However, the maintenance yard is specifically idenafied and addressed: (Sec. 3.2.5.3) Vail Associates Service Yard The Vail Associates service yard, bordered by the South Frontage Road on the east and south and Red Sandstone Creek on the west, currently contains a wide variety of mountain opera4on func4ons such as snowcat service and fueling, warehouse storage, and maintenance shops. While the service yard is cri4cal to Vail Associates’ mountain opera4ons there is a strong interest on the part of the Town of Vail to see the majority of these facili4es relocated on‐mountain. According to Vail Associates it may be possible Ever Vail (Rev. 12.21.10) 16 12/4/2012 to relocate many of the facili4es, but the snow cat service and fueling opera4ons must remain at or near its current loca4on. Specific issues regarding the service yard include: a.Visual Like its neighboring Amoco service sta4on, the service yard is at the western front door to Lionshead. Much of the yard is screened by an exis4ng berm, but the facility is inconsistent with the exis4ng land uses in Lionshead and the desired visual character of a des4na4on resort. As redevelopment occurs in west Lionshead it will become increasingly important to address these visual concerns. b.Access The snow cat fueling and maintenance opera4ons are a significant component of the service yard func4ons. Snow cats and snowmobiles must cross the South Frontage Road to access the mountain, frequently conflic4ng with traffic on the frontage road. c.Forest Road Mountain Access Snow cats from the service yard currently access the mountain via Forest Road to the Born Free ski run. Though a pre‐exis4ng condi4on, the presence of the snow cats on Forest Road has long been a consistent complaint of the Forest Road property owners. It is clear that the removal of snow cats from Forest Road is desirable but there is no exis4ng secondary route to the mountain and the alterna4ves for crea4ng a new access way, while possible, are problema4c. The compleaon of the ski cat access road up Tract K opens up the opportunity to relocate Mountain Operaaons to the area adjacent to the “Bridge to Nowhere” as it will now go somewhere. Locaang Mountain Operaaons completely below grade minimizes its impacts to adjacent properaes (within and adjacent to Ever Vail) and furthers the goals of the Lionshead Redevelopment Master Plan. No Net Loss of Parking This chapter also discusses the exisang Vail Resorts/ Vail Mountain parking situaaon, with specific reference to the basic ground rule of “no net loss of parking”: (Sec. 3.9.4) 3.9.4 Vail Associates Employee Parking Vail Associates currently u4lizes two large surface parking lots within the study area for its employee parking needs. The North Day Lot (see figure 3‐15), with a capacity of approximately 105 cars, is located behind the Landmark tower and is the site proposed for a transporta4on facility, employee housing, and other uses contemplated under the zoning on the property (LMU‐1). The west day lot, located just west of the MarrioY parking structure, has an approximate capacity of 160 cars and represents a significant development opportunity. Parking displaced by redevelopment of these sites must be replaced within the Lionshead study area to sa4sfy the ground rule requiring no net loss of parking. The displaced parking will be provided in West Lionshead within a parking structure included as part of the Ever Vail project. As part of the project, the Applicant will be proposing replacement of parking at the Ever Vail site, to meet the “no net loss” policy as outlined by the Lionshead Redevelopment Master Plan. Recent construcaon of projects on the West Day Lot (now the Ritz‐Carlton) and North Day Lot (now First Chair), have displaced parking onto the Ever Vail (Rev. 12.21.10) 17 12/4/2012 exisang Ever Vail site. With the construcaon of Ever Vail, all parking to saasfy the no net loss policy will be fulfilled. The following chart provides an analysis of all VR employee parking that existed in Lionshead pre‐ redevelopment, and tracks it through to the compleaon of Ever Vail: Site Spaces Notes Historical: Pre‐Lionshead Redevelopment West Day Lot 160 Holy Cross Lot 129 Includes Mtn Ops parking North Day Lot 105 TOTAL 394 Total Replacement Obligaaon Ritz Post‐Construc,on West Day Lot 0 WDL becomes the Ritz Carlton Residences Holy Cross Lot 295 Move adds 166 spaces to Holy Cross Lot (160 to replace WDL, 6 for future North Day Lot development) North Day lot 105 TOTAL 400 Net surplus of 6 spaces North Day Lot Post‐Construc,on West Day Lot 0 Holy Cross Lot 295 Includes shop parking North Day Lot 61 Employees plus surplus parking Old BP Lot 59 PCL office removed, parking lot created for paraal replacement of NDL TOTAL 415 Carrying a credit of +21 spaces Ever Vail Post‐Construc,on West Day Lot 0 Ritz Carlton Residences Holy Cross Lot 0 Becomes part of Ever Vail North Day Lot 61 Developed as employee housing and parking Ever Maintenance Shop 50 Relocated Maintenance Shop Ever Vail Replacement 289 Replacement for BP lot, Holy Cross Lot TOTAL 400 Net increase of 6 spaces to maintain No Net Loss Policy This equates to a total parking replacement of 289 parking spaces. These spaces are included in the parking calculaaons provided in this document. West Lionshead Policies Chapter 4 of the LRMP provides recommendaaons for the overall study area and includes a secaon on the West Lionshead neighborhood: Ever Vail (Rev. 12.21.10) 18 12/4/2012 (Sec. 4.1.5) West Lionshead – Residen4al/Mixed‐Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas sta4on site, and the Eagle River and Water and Sanita4on site. This area of Lionshead is generally under u4lized and from an aesthe4c standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of exis4ng office and have “no net loss” of retail square footage in West Lionshead. With their recent acquisi4on of addi4onal proper4es in this area, Vail Resorts has the opportunity to bring lij service to this part of Lionshead. Lij service brings with it great poten4al for the re‐ development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connec4ons, new retail and office ac4vity and other improvements. While lij access will certainly energize this area during the winter months, aYen4on should be given to crea4ng a year‐round aYrac4on within this area of Lionshead. The master plan recommends that this hub become a residen4al/ mixed use area with an emphasis on mee4ng the needs of both the local community and our guests. Appropriate uses could include high density residen4al development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit func4ons and a ski lij connec4on to Vail Mountain. The catalyst for this mixed use hub is ski lij access to Vail Mountain. Considera4on should be given to integra4ng employee housing into the redevelopment of West Lionshead in accordance with the Town’s employee housing policies and regula4ons. To the extent possible development paYerns in this area should reflect north‐south orienta4on of buildings, visual penetra4ons to the mountain, and a pedestrian oriented environment. The degree of north‐south building orienta4on may be difficult given the rela4vely narrow east‐west orienta4on of this area. In addi4on, the introduc4on of ski lij access in this loca4on creates a catalyst for a structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on‐site. The site will con4nue to accommodate the exis4ng and poten4ally expanded func4ons of the Vail sanita4on plant. The mountain service yard could be reduced in size, as some func4ons can be moved to less central loca4ons. It may also be possible to relocate the en4re mountain service yard to a new loca4on in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is cri4cal that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in‐town transit system. The above secaon of the LRMP clearly states the intenaon for this area to become a residenaal and mixed use area, to include high density residenaal development, lodging, office, retail space, employee housing and parking. The uses proposed at Ever Vail clearly align with this intent. While each of these uses will be addressed in later secaons of this submiXal document, it is clear that Ever Vail is consistent with the LRMP. Public Transporta,on Chapter 4 also includes the following secaon on public transportaaon: (Sec. 4.5.1) Connec4on to West Lionshead West Lionshead consists of the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossing site, Glen Lyon Office Building site, former gas sta4on site, and the Eagle River Water and Sanita4on site. Because it is an area of poten4ally significant growth, it is important that it be fully integrated into the Town of Vail transit system. The West Lionshead proper4es are at the outside edge of Ever Vail (Rev. 12.21.10) 19 12/4/2012 the acceptable walking distance to the ski yard (1200 feet). With a mixed use development in the area which integrates a ski portal, retail space, office space and residen4al development, transit service to this area and interconnec4ons to other portals will be cri4cal to develop in the future. In addi4on, the update of the Vail Transporta4on Master Plan shall provide direc4on on the ul4mate loca4on of a Lionshead Transit Facility along with needed interconnec4ons between ski portals, regional transit stops, and other transporta4on modes. The addi4on of a ski lij in this area would make this area more viable to redevelopment as it would be within the acceptable walking distance of a lij (1,200 feet). (Sec. 4.5.2.1) Relocate the Regional Transit Stop It is recommended that the Lionshead regional transit stop, currently located at the Lionshead Place cul‐ de‐sac, be relocated to the proposed North Day Lot, the Lionshead parking structure, and West Lionshead. This will provide a Lionshead connec4on between the regional transit system and the Town of Vail transit system. In addi4on, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current “back door” on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circle and Lionshead Place. It may be possible to locate elements of a regional transit stop in the West Lionshead area in conjunc4on with a new ski lij and parking facility. However, given its loca4on on the periphery of Lionshead, this area may not be the most viable loca4on for a regional transit stop. Notwithstanding the above, facili4es for skier drop‐off, private shuYle vans and Town of Vail in‐town buses should be included in the design of the ski lij and parking facility. In 2006, the Town of Vail ini4ated an update of the Vail Transporta4on Master Plan. In addi4on, the Town ini4ated a development compe44on for the Lionshead Parking Structure redevelopment, which would include a transit facility. It is an4cipated that the Transporta4on Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process will provide direc4on on the ul4mate loca4on for a Lionshead Transit Facility and/or the type of transit facili4es that may be necessary in West Lionshead. As this secaon indicates, redevelopment of West Lionshead would be challenging without the addiaon of a liV. All areas of Ever Vail will be within 1,200 V. of the proposed gondola, while public parking and skier drop‐off are within 400 V. This gondola has been designed to be central to the site, to maximize accessibility. In addiaon, the intent is to maximize public transit and bus access to the site, and faciliaes have been provided for skier drop‐off, private shuXle vans, and regional/in‐town buses. Road Reloca,on Chapter 4 provides direcaon on the potenaal realignment of S. Frontage Road: (Sect 4.6.2) South Frontage Road Recommenda4ons outlined below address poten4al re‐alignment of por4ons of the frontage road, ingress and egress improvements, bicycle/ pedestrian improvements, and visual improvements. For a detailed discussion of capacity and the impacts of future development on the frontage road, see the traffic impact study contained in appendix A. Figure 4‐9 depicts poten4al redevelopment without the realignment of the Frontage Road while Figure 4‐9a depicts redevelopment with a par4al realignment of the Frontage Road. Poten4al Realignment The concept of realigning the South Frontage Road at the western end of the study area grew out of public discussions about land development and traffic flow in West Lionshead. Rela4ve to traffic flow, Ever Vail (Rev. 12.21.10) 20 12/4/2012 realignment will remove the conflict that now exists between through‐traffic and mountain service vehicles (snow‐cats and snowmobiles) entering and exi4ng the Vail Associates service yard. Realignment will posi4on the road to the north of most new development, thus reducing the poten4al for conflic4ng turning movements. Regarding future land use, the realignment of South Frontage Road will allow the west day lot and the service yard to be combined into a con4guous development parcel. This is an important considera4on for the development conceptually depicted in figure 4‐9a, and it would be necessary if the service yard property is used for a secondary public parking facility or other uses. Any exis4ng parking on the West Day Lot must be replaced within the Lionshead study area. Through the Transporta4on Master Plan update it is an4cipated that a significant traffic control device will need to be installed in the West Lionshead area. Such a device may include a round about. Specific considera4ons regarding realignment are. a. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figure 4‐9a. Cri4cal design issues include the width of the road and the radius of the curves. Both of these factors will be important in reducing the speed of vehicles entering the Lionshead area and the amount of land consumed by the two curved road sec4ons. Coopera4on between property owners, developers, the Town of Vail, and the Colorado Department of Transporta4on will be necessary to implement the realignment of the Frontage Road. b. West Lionshead Circle Connec4on It is proposed that West Lionshead Circle connect back to the frontage road at the west side of the Vail Spa. The alignment depicted in figure 4‐9a terminates perpendicular to the frontage road and does not require the acquisi4on of private property. A new parcel of developable land, suitable for offices or non‐resort retail, would be created on the southeast corner of this intersec4on. c. Forest Road Connec4on Forest Road could be realigned to cross through the newly created development parcel, providing access to that site and connec4ng at right angles to the frontage road. Another alterna4ve that should be considered is to connect Forest Road to West Lionshead Circle via the exis4ng Frontage Road right‐of‐way. d. Transit and Emergency Vehicle Corridor A transit and emergency vehicle corridor should remain in the exis4ng alignment of the frontage road. This connec4on is necessary to provide a through‐transit route to the west end of Lionshead and also keeps in place the exis4ng u4lity corridor. e. Feasibility of Realignment The ability to realign the frontage road will be heavily influenced by costs, CDOT (Colorado Department of Transporta4on), and the Federal highway administra4on. Future west Lionshead developments will require significant upgrades and widening of South Frontage Road, poten4ally including the widening or reconstruc4on of the bridge over Red Sandstone Creek. The cost of realigning the frontage road is in addi4on to the mandatory costs of improving the road. f. Future Frontage Road Re‐alignment The opportunity may exist to re‐locate the Frontage Road the full length of the West Lionshead planning area. The benefit of this alterna4ve would be to eliminate the Ever Vail (Rev. 12.21.10) 21 12/4/2012 “Frontage Road barrier” between the Holy Cross site and the Vail Professional Building. While this alterna4ve would require coordina4on with other surrounding land owners, it could warrant further study and evalua4on in the future. The Applicant has been working successfully with CDOT on the complete re‐alignment along the full length of the planning area and the Town has made the applicaaon to CDOT for the road relocaaon. Final approval by the FHWA is currently pending. A traffic study by Kimley‐Horne and Associates has been provided to further address the S. Frontage Road alignment. Public Parking Related to the issue of transportaaon, Chapter 4 of the LRMP provides direcaon on Public Parking and potenaal locaaons, including the following: (Sec. 4.8.3.3.) West Lionshead The construc4on of a new public parking facility at the west end of Lionshead has been a planning considera4on since the comple4on of the Vail Transporta4on Master plan in 1991. This site is currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in rela4on to the poten4al new eastbound I‐70 access ramps. The viability of a new public parking facility in this loca4on would be enhanced by bringing lij service to this area. The construc4on of a new public parking facility would address the exis4ng deficiency of off‐street parking on peak days and the shijing demand of parking created by the introduc4on of a new ski lij in West Lionshead. It is an4cipated that the new public parking structure would contain approximately 400 public parking spaces, which would be in excess of any parking requirements generated by proposed development. The update of the Vail Transporta4on Plan should provide final direc4on on the loca4on and quan4ty of addi4onal public parking spaces in the Town of Vail. The loca4on of addi4onal public parking should consider where parking is most op4mal for both guests and employees, year round u4liza4on, mountain opera4ons, and overall traffic circula4on. Given the loca4on for this parking facility, it had been assumed that regular transit or shuYle service would be necessary because of its distance from the retail core area and the ski yard (greater than a 1200‐foot walking radius). However, the loca4on of the parking structure would be proximate to the new lij and as such the need for regular shuYle service would be minimized. However, some provisions for bus stops and/or a transit facility should be considered for the parking structure. The Applicant is proposing to not only accommodate 400 public skier parking spaces, in compliance with the recommendaaons of the LRMP, but to construct and operate these publicly available spaces at no cost to the Town of Vail. Ulamately, approximately 660 spaces will be available for public parking. Employee Housing (Secaon 4.8.4) 4.8.4 Parking for Employee Housing The unit‐to‐parking space ra4o for employee housing should be reduced to maximize the housing opportuni4es in west Lionshead. During the master planning process, the Vail Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four‐bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ra4o of .75 cars per bed has been more than adequate and the parking lot is underu4lized. At this ame, the Applicant is not requesang a reducaon in the parking requirements for employee housing. However, a reducaon would allow for a greater number of public parking spaces. Employee Housing is also a primary subject of Chapter 4 of the LRMP, and the West Lionshead neighborhood is idenafied as a potenaal site: Ever Vail (Rev. 12.21.10) 22 12/4/2012 (Sec. 4.9.4.3) 4.9.4.3 West Lionshead West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas sta4on site and the Eagle River Water and Sanita4on site. All redevelopment in West Lionshead will need to conform to the Town’s housing policies and requirements. In order to create ac4vity and vibrancy in West Lionshead it is appropriate to include some dispersed employee housing opportuni4es for permanent local residents in proposed developments in the area consistent with these policies. Perhaps the most promising loca4ons to replace the Sunbird affordable housing project and to conform to the Town’s housing policies and requirements for new employee housing genera4on in Lionshead are the North Day Lot, Vail Associates service yard, and Holy Cross site. However, housing is not the only use these three proper4es will need to support. The Ever Vail Housing Plan is submiXed in another secaon of this document. The current Town of Vail regulaaons for employee housing require that a minimum of 50% of the required employee housing be constructed on‐site. At this ame, the Applicant is proposing to exceed this requirement. In addiaon, the Applicant is proposing a variety of unit types, including rental and for‐sale, to serve both individuals and families. Beyond the requirements of the Town, the Applicant is proposing a poraon of the employee housing will be restricted to lower income families, based on Area Median Income restricaons pursuant to the LEED ND applicaaon. Live Beds Chapter 4 also discusses the priority of the Town of Vail to encourage the provision of Live Beds: (Sec. 4.13) Live Beds The maintenance, preserva4on, and enhancement of the live bed base are cri4cal to the future success of Lionshead and as such, special emphasis should be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town’s overall lodging bed base. The bed base in Lionshead’s consists of a variety of residen4al and lodging products including hotels, condominiums, 4meshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommoda4on units in hotels, but instead, in dwelling units in residen4al condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lijhouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and Montaneros, all of which have some form of rental/property management program that encourages short term rental of dwelling units when the owners are not in residence. It has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate of hotel products, and therefore tend to provide more live beds and produce more lodging tax revenues to the Town. As stated previously, the Applicant has also placed a priority on live beds and the development includes Rock Resorts hotel, 49 condos with lock‐off units, and dwelling units to paracipate in a voluntary short‐term rental program. Specific West Lionshead Recommenda,ons It is Chapter 5 of the LRMP that focused on detailed plan recommendaaons for specific areas within the Lionshead study area, and provide direcaon for the redevelopment of West Lionshead: Ever Vail (Rev. 12.21.10) 23 12/4/2012 (Sec. 5.17) West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas sta4on site and the Eagle River Water and Sanita4on site. South Frontage Road Improvements and Vehicular Access Planning for West Lionshead must consider two different scenarios: the realignment of South Frontage Road and its reten4on in the exis4ng alignment. While the introduc4on of lij service is viable in either of these Frontage Road alterna4ves, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4‐9a, and 4‐9b for the Frontage Road realignment alterna4ves. Notwithstanding these different Frontage Road scenarios, there should be an increase of exis4ng office square footage and “no net loss” of retail square footage as a result of the redevelopment of these parcels. Furthermore, service and delivery for West Lionshead shall occur underground or be hidden from public view. Service and delivery truck turning maneuvers should not nega4vely impact traffic flow on the South Frontage Road. With a realignment of vehicular access points, aYen4on should be given to the loca4on of service and parking areas. a. Reten4on of Exis4ng Frontage Road Alignment If the Frontage Road remains in its current loca4on the Maintenance Yard/Holy Cross parcels, the Vail Professional Building site, and /Cascade Crossing and the Glen Lyon Office Building site all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard/Holy Cross parcels. While other lij loca4ons are feasible, the old gas sta4on site is a viable loca4on for a base terminal. This loca4on would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard/Holy Cross parcels. A strong east‐west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connec4on between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building site and Cascade Crossing could be developed as a con4guous parcel. In keeping with Policy Objec4ve 2.3.4, Improved Access and Circula4on, of the Plan, opportuni4es for public transporta4on and vehicular circula4on improvements shall be explored in conjunc4on with any future redevelopment of the sites. Possible opportuni4es for improvements may include, an improved mass transit stop, relocated/reduced/shared points of entry/exi4ng, restricted access points, accelera4on/ decelera4on lanes, greater sight distances, dedicated turning lanes, landscaped medians and skier drop‐off. In the redevelopment of Cascade Crossing and the Glen Lyon Office Building site under the current configura4on of the Frontage Road, the bus stops in front of said proper4es shall be enhanced with, for example, shelters, benches, and landscaping. Pedestrian connec4ons shall be improved from the bus shelters, across the South Frontage Road and to and from the surrounding buildings to provide safe and aYrac4ve pedestrian crossing and connec4ons. Improvements may include crosswalks, walkways, pedestrian crossing warning lights, medians, and signage. Frontage Road Re‐Alignment The Frontage Road will be relocated, so the above recommendaaons are no longer applicable to the project. While the Lionshead Redevelopment Master Plan recognizes that relocaaon is a possibility, the extent to which it could be relocated was not understood at the ame. With the Applicant’s purchase of the Vail Professional Building, Cascade Crossing, and now GLOB, the Frontage Road will be relocated along the enare West Lionshead area. The potenaal road relocaaon is discussed below: b. Frontage Road Realignment Ever Vail (Rev. 12.21.10) 24 12/4/2012 The greatest benefit of this realignment alterna4ve is that it results in one very large and con4guous development parcel and in doing so integrates the Maintenance Yard/Holy Cross site with the West Day Lot by removal of the barrier created by the exis4ng Frontage Road alignment. It also creates the best pedestrian environment in crea4ng an extension of the Lionshead Retail area in that it provides the poten4al to establish a convenient and desirable pedestrian connec4on to the rest of Lionshead. With this alterna4ve the most viable site for a public parking facility would s4ll be the Maintenance Yard/ Holy Cross parcels. With the re‐loca4on of the Frontage Road lij access out of the old gas sta4on site would not require a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parcels. However, a grade separated crossing over the Red Sandstone Creek would be needed to link the Holy Cross site with the Vail Professional Building site. This alterna4ve would also present the opportunity for enhancing Red Sandstone Creek to make it more accessible to the community and an aesthe4cally pleasing water feature. Enhancements might include; streambank stabiliza4on/ beau4fica4on, natural stream drop structures, interac4ve low flow areas and general improvements for wetlands and wildlife habitat. Any modifica4on or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east‐west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connec4on between this area and the rest of Lionshead. In keeping with Policy Objec4ve 2.3.4, Improved Access and Circula4on, of the Plan, opportuni4es for public transporta4on and vehicular circula4on improvements shall be explored in conjunc4on with any future redevelopment of the Frontage Road and interior roads within the redevelopment of the West Lionshead sites. Possible opportuni4es for improvements may include improved mass transit stops, relocated/reduced/shared points of entry/exi4ng, restricted access points, accelera4on/ decelera4on lanes, roundabouts at major intersec4ons, greater sight distances, dedicated turning lanes, landscaped medians and skier drop‐off. Red Sandstone Creek As the Ever Vail plans indicate, the enhancement of Red Sandstone Creek is a large part of the Ever Vail project, with the ulamate goal of making it an amenity to both the project and the enare Town of Vail. As the plans for Red Sandstone Creek progress, a flood plain modificaaon permit will be submiXed to the Town for stream bank improvement, and all plans will be subject to review by the U.S. Army Corps of Engineers. (Sec. 5.17.4) Rela4onship to Red Sandstone Creek and Gore Creek Red Sandstone Creek and Gore Creek abut the Glen Lyon Office Building site, former gas sta4on site, Holy Cross site and the Vail Professional Building site. Any redevelopment of these parcels should consider how the creeks can be enhanced and made an amenity of this redevelopment area. A substan4al stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substan4al trees and natural steep slopes along the banks of both creeks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual rela4onships and references between adjacent development and the stream tract should be strengthened. Improved public access and u4liza4on of Gore Creek and Red Sandstone Creek for fishing and other recrea4onal purposes is strongly encouraged to create a catalyst for ac4vity and enjoyment of the streams. As stated above, the relaaonship to both Red Sandstone Creek and Gore Creek is a significant consideraaon in the planning of Ever Vail. Ever Vail (Rev. 12.21.10) 25 12/4/2012 Connec,ons Strong connecaons both towards Lionshead and Cascade Village have been integral to the planning process of Ever Vail. The design of the pedestrian connecaons, along with the layout of the buildings and public plazas have been designed to enhance this connecaon. (Sec. 5.17.2) Pedestrian and Bike Access As compared to a separate, free‐standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connec4on with the rest of Lionshead. Streetscape improvements including bike lanes or trails and sidewalks should be incorporated in any redevelopment along West Lionshead Circle and the South Frontage Road to improve the viability of mixed uses in West Lionshead. Improvements to street ligh4ng, walking surfaces, trails, sea4ng areas and public art that facilitate safe and aYrac4ve pedestrian and bike movement are strongly encouraged. Said improvements may necessitate the need for access easements through the sites. In the redevelopment of West Lionshead, pedestrian and bike connec4ons shall be made to integrate with the rest of Lionshead and Cascade Village. There is an exis4ng recrea4on path that runs across the southwest corner of the Glen Lyon Office Building site. If the site redevelops the recrea4on path shall be enhanced to meet town recrea4onal path standards and to provide a safe and aYrac4ve pedestrian and bike experience. The improvements shall include a public easement over the path where necessary. Commercial Uses Currently, approximately 30,000 sq. V. of office exists on the site, and approximately 14,000 sq. V. of retail exists. The project will increase the office square footage to approximately 34,600 sq. V. of office. Retail will be increased, with a total of approximately 31,000 sq. V. of retail uses. In addiaon, there will be approximately 22,000 of restaurant uses on the site, and a 9,000 sq. V. spa. The Master Plan states the following with regard to commercial uses in Ever Vail: (Sec 5.17.3) Preserva4on of Exis4ng Office and Retail Space There shall be an increase in office space and no net loss of retail space in West Lionshead. Opportuni4es for increasing the square footage of office and retail beyond the exis4ng condi4ons in West Lionshead shall be evaluated during the development review process. Currently, West Lionshead offices and businesses offer a variety of local services and ameni4es, which is important to preserve with the redevelopment of West Lionshead. During the winter months, the proposed ski lij in West Lionshead and the associated parking will generate significant pedestrian traffic and ac4vity. However, considera4on should be given to how West Lionshead can be an ac4ve and vibrant place year‐round. One way this can be accomplished is the reinforcement of a well‐crajed program of specialty retailers, offices, and restaurants that aYract both tourists and local residents. Also, quality architecture and the crea4on of appealing outdoor spaces in and of itself will encourage people to visit this area. An ac4ve program of public art, residen4al units that are used for “ar4sts in residence” or a culinary school are examples of uses that could create a catalyst for ac4vity. In conjunc4on with any applica4on to develop a new ski lij, a market study which analyzes the appropriate amount of office/retail square footage shall be included in the redevelopment of West Lionshead. Architecture (Sec 5.17.5) Architectural Improvements The architectural design guidelines (Chapter 8) discuss several transi4on tools that can be used to adapt an exis4ng building to the new character and architectural quality desired for Lionshead. Given the high visibility of the buildings in West Lionshead and the extent to which they influence the quality of the Ever Vail (Rev. 12.21.10) 26 12/4/2012 experience of passers‐by, all future development of the sites should be closely scru4nized for compliance with the applicable architectural design guidelines. For proper4es that are east of Red Sandstone Creek, in West Lionshead, higher densi4es and building heights may be appropriate, par4cularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of this master plan and be compa4ble with the adjacent exis4ng development of the MarrioY and the Vail Spa. Notwithstanding the height allowances of the underlying zone districts, building height and massing shall be responsive to the Gore Creek and Red Sandstone Creek corridors, in that buildings shall gradually “step down” at the creek sides. Building height and massing shall also “step down” towards the Interstate, and at the western end of Lionshead. Figure 5‐25 provides a general depic4on of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by en4re floor levels in the loca4ons as generally depicted on Figure 5‐25. Notwithstanding the height allowances depicted on Figure 5‐25, which depicts building height in an east/ west orienta4on, building height and massing shall also “step down” in a north/ south orienta4on. Notwithstanding the height allowances depicted on Figure 5‐25, buildings fron4ng directly along Gore Creek and the western end of Lionshead shall express no more than three to four levels before “stepping back” to taller building mass. On the Interstate side of this area, building design shall be ar4culated to avoid large expanses of shear/unbroken wall planes. The addiaonal height limitaaons are intended to ensure that the buildings step down, both as the buildings move towards the west and towards Gore Creek. As indicated in the plans, the buildings on the west are substanaally lower than the buildings on the east, meeang the intent of the Lionshead Redevelopment Master Plan. All buildings step down and meet the average heights. Glen Lyon Office Building (Sec. 5.17.6) Redevelopment Considera4ons for Glen Lyon Office Building site Consistent with its loca4on at the western edge of West Lionshead and with respect to the extensive frontage along Gore Creek, it is appropriate to recognize certain development limita4ons and opportuni4es regardless of the underlying zone district. Height Building heights shall be consistent with Figure 5‐25, West Lionshead Building Massing and Height Limita4ons. Notwithstanding the height limita4ons set forth in Figure 5‐25, the maximum height for buildings on the Glen Lyon Office Building site shall not exceed 56 feet. Residen4al Land Use and Density Exis4ng physical improvements on the Glen Lyon Office Building site include a three‐story building with 10,829 square feet of general office space and a surface parking lot. Because of the site’s physical Ever Vail (Rev. 12.21.10) 27 12/4/2012 loca4on along Gore Creek, it’s accessibility to Lionshead Village, and the adjacent poten4al redevelopment including a ski‐lij and ac4vity center, it may be appropriate to introduce a mix of uses on site. If residen4al uses are proposed, the use shall be consistent with the Master Plan goal to increase the number of ‘Live Beds’ in Lionshead. Residen4al density on the site should be studied and proposed in a manner that is compa4ble with the character and scale of adjacent uses and Gore Creek. Residen4al uses should be located on the basement or garden level and second floor and above in buildings on‐site. If residen4al uses are proposed on the street level or first floor, the vitality of the pedestrian and bike experience shall be considered along with the func4on and character of the adjacent uses and structure design. The mixture of land uses on the Glen Lyon Office Building site shall maintain a balance between residen4al, office/ commercial and recrea4onal uses to serve both the visitor and the permanent resident. Office Land Use Consistent with the Master Plan requirement for an increase of office space, the exis4ng 10,829 square feet of office space shall be replaced and increased on‐site. Employee Housing All (100%) of the employee housing requirements associated with the Glen Lyon Office Building site, as required by the Vail Town Code, shall be met on‐site. Landscape Preserva4on and Rela4onship to Red Sandstone and Gore Creeks The Glen Lyon Office Building site borders on the Red Sandstone Creek along the east property line and the Gore Creek along the south property line. The redevelopment of the Glen Lyon Office Building site should consider how the creeks can be enhanced and made an amenity of the area. A substan4al stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substan4al trees and natural steep slopes along the banks of both creeks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual rela4onships and references between adjacent development and the stream tract should be strengthened. Improved public access and u4liza4on of Gore Creek and Red Sandstone Creek for fishing and other recrea4onal purposes is strongly encouraged to create a catalyst for ac4vity and enjoyment of the streams. The addiaon of the GLOB site has allowed for a much more comprehensive planning approach to the West Lionshead area than could have been considered before. As the plans indicate, Vail Resorts intends to comply with the Lionshead Redevelopment Master Plan recommendaaons for this site, along with the private covenants that also run with the property. Height has been limited to 56 V. on the GLOB site, and all of the employee housing requirement has been met on‐site. It is the intent of the Applicant that Ever Vail not only comply with the Lionshead Redevelopment Master Plan, but to actually further its objecaves by becoming a redevelopment project that, through its architecture and pedestrian orientaaon, along with sustainable, green building principles, can be an example for all redevelopment projects in Vail. As each applicaaon to facilitate the development of Ever Vail is addressed in more detail, please refer back to this secaon in consideraaon of the Lionshead Redevelopment Master Plan. B. Comprehensive Open Lands Plan The Town of Vail has adopted a Comprehensive Open Lands Plan, intended to guide policy with regard to sensiave land within the Town boundaries. The Comprehensive Open Lands Plan idenafies Red Sandstone Creek corridor through Ever Vail as a “medium priority.” It is idenafied as Parcel #19 and provides the following guidance: Ever Vail (Rev. 12.21.10) 28 12/4/2012 The Applicant is proposing to grant a conservaaon easement to the Town of Vail in accordance with this recommendaaon and to ensure conanued protecaon of the resource. C. Vail Transporta4on Master Plan The Vail Transportaaon Master Plan, adopted in June 2009 provides guidance on transportaaon improvements throughout the Town of Vail, including public parking improvements in Ever Vail, staang the following: (Page 69) The Town should look to expand the public parking supply within Main Vail to reduce the frequency of Frontage Road use for overflow parking. Based on accommoda4ng a 90th percen4le and based on Frontage Road parking data over the past few ski seasons, 400 new spaces should be developed over the short term. Over the long term, 1000 addi4onal spaces (600 more) should be developed in Main Vail. To the extent possible, more new public spaces should be located in the eastern sec4ons of the Main Vail area. Poten4al loca4ons include: •West Lionshead (up to 400 addi4onal spaces) •Lionshead Parking Structure (as part of its redevelopment; possible net gain of 300 spaces) •Ford Park (at least 300 addi4onal spaces, and possibly more if the above‐men4oned loca4ons do not include an increase) The addi4on of these parking areas, along with addi4onal commercial and skier access would “spread out” Vail’s base area to approximately 1.6 miles of frontage. Because of the increased density, ac4vity, and distance, the Town’s transporta4on system within and to the Main Vail area clearly needs to be enhanced to support these ac4vi4es through the combina4on of roadway improvements and transit service enhancements. A more detailed parking study to verify these loca4ons and the associated number of addi4onal spaces will need to be completed by the Town prior to any implementa4on. The study will need to take into account the aforemen4oned poten4al recommenda4ons as well as looking at alterna4ve loca4ons, transit incen4ves, in combina4on with parking management solu4ons that may alleviate the parking situa4on, which may include outlying lots with bus service. As indicated in the plans for Ever Vail, the Applicant is proposing to construct and operate public parking in Ever Vail, including providing 400 public skier parking spaces above and beyond those spaces needed to serve the uses on‐site. Ever Vail (Rev. 12.21.10) 29 12/4/2012 IV. Major Subdivision A. Introduc4on of the Major Subdivision Request The Applicant has previously submiXed a request for a major subdivision to facilitate the redevelopment of West Lionshead. The Ever Vail subdivision creates new development parcels and allows for the relocaang of South Frontage Road. The major subdivision will include a substanaal poraon of the West Lionshead area, including the sites of the Vail Professional Building, Cascade Crossing, the old Vail BP site, Glen Lyon Office Building and the Holy Cross lot, along with the Frontage Road right‐of‐way. Some of these properaes are currently unplaXed. A full‐sized copy of the plat has been provided with the plans. The Planning and Environmental Commission has approved the northern boundary of the Ever Vail subdivision. The Preliminary Plan has been submiXed with the plans and is provided below: B. Review Criteria for a Major Subdivision 1.The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objec,ves and policies outlined in the Vail comprehensive plan and is compa,ble with the development objec,ves of the town; and Our Analysis: To be the Premier Mountain Resort Community… We share this vision with the Town of Vail. It is our intent to further this vision through the addiaon of world‐class faciliaes in a new mixed use village, called Ever Vail. This subdivision will enable the redevelopment of Ever Vail. Ever Vail (Rev. 12.21.10) 30 12/4/2012 This vision is further supported by stated development objecaves of the Town of Vail. The purpose statement of the Lionshead Mixed Use‐2 Zone District states: The Lionshead mixed use 2 district is intended to provide sites for a mixture of mul4ple‐family dwellings, lodges, hotels, frac4onal fee clubs, 4meshares, lodge dwelling units, restaurants, offices, skier services, light industrial ac4vi4es, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other ameni4es appropriate to the permiYed types of buildings and uses and to maintain the desirable quali4es of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incen4ves for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incen4ves for proper4es to redevelop. The ul4mate goal of these incen4ves is to create an economically vibrant lodging, housing, and commercial core area. The incen4ves in this zone district include increases in allowable gross residen4al floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incen4ves is to create economic condi4ons favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Addi4onally, the incen4ves are created to help finance public, off site, improvements adjacent to redevelopment projects. Public ameni4es which will be evaluated with redevelopment proposals taking advantage of the incen4ves created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review this major subdivision applicaaon to facilitate the redevelopment of Ever Vail. A complete analysis of the Lionshead Redevelopment Master Plan is included in a previous secaon of this overall document. The preliminary plat approval of this major subdivision allows the Applicant to move forward in the development of the Ever Vail into the mixed‐use hub desired by the Town of Vail as described by the Lionshead Redevelopment Master Plan. 2.The extent to which the proposed subdivision complies with all of the standards of this ,tle, as well as, but not limited to, ,tle 12, "Zoning Regula,ons", of this code, and other per,nent regula,ons that the planning and environmental commission deems applicable; and Our Analysis: The proposed subdivision complies with all of the Town’s codes. Each parcel created by this subdivision meets the minimum lot area requirements of 10,000 sq. V. This plat is being submiXed in conjuncaon with a rezoning request so that the enarety of Parcels 1 and 2 will be zoned Lionshead Mixed Use‐2. The total area of the Ever Vail subdivision is 12.617 acres or 549,574 sq. V. Of the total area, 11.027 acres is defined as “buildable” or areas not within the flood‐plain or with slopes in excess of 40%. Both parcels being created by the subdivision will be treated as one parcel for the purposes of zoning and development standards. Parcel 1: Parcel 1 is the eastern poraon of the Ever Vail site, encompassing the parcels currently plaXed as Tracts A and B, South Frontage Road Subdivision (which is to be vacated by the proposed Ever Vail plat). It also encompasses the current poraon of the Frontage Road right‐of‐way along this poraon. It is 7.322 acres (318,940 sq. V.). Approximately 6.3% of Parcel 1 consists of slopes in excess of 40% (20,196 sq. V.) and 9,574 sq. V. are with in the floodplain. Subtracang the total area of the site with slopes in excess of 40% minus the areas in the floodplain (excluding the areas which overlap) from the total site area leaves a 6.652 acres or 289,758 sq. V of buildable area. Ever Vail (Rev. 12.21.10) 31 12/4/2012 Parcel 2: Parcel 2 is the western poraon of the Ever Vail site, just to the West of Red Sandstone Creek, and is the current locaaon of the Vail Professional Building and Cascade Crossing (zoned ABD), along with the poraons of the exisang Frontage Road along this site. Parcel 2 now includes the Glen Lyon Office Building site (zoned SDD #4). Parcel 2 is 5.295 acres (230,634 sq. V.) with 32,147 sq. V. with excess of 40% slopes and 9,497 sq. V. in the floodplain. This equates to a total of 4.375 acres or 190,555 sq. V. of buildable area. 3.The extent to which the proposed subdivision presents a harmonious, convenient, workable rela,onship among land uses consistent with municipal development objec,ves; and Our Analysis: Ever Vail provides a unique opportunity for redevelopment. The exisang uses in the area vary from office uses to more industrial uses. The proximity of the site to both the ski mountain and Gore Creek creates remarkable opportuniaes to capitalize on these assets, while providing uses and services that the Town desires and needs. The relocaaon of the S. Frontage Road furthers these opportuniaes by creaang a site that can fit these uses while minimizing impacts to adjacent properaes. Moving the S. Frontage Road to a locaaon along side I‐70 consolidates these major thoroughfares, thus minimizing the effects of traffic on nearby properaes and provides a more efficient vehicular corridor. The proposed uses within Ever Vail are consistent with municipal objecaves and present a unique development opportunity within the Vail community. 4.The extent of the effects on the future development of the surrounding area; and Our Analysis: The proposed subdivision will allow for uses consistent with the zoning on the property and compaable with the surrounding area. The subdivision allows for the redevelopment of a Brownfield area (the former gas staaon site and the Vail Maintenance yard) that will have a posiave effect on the surrounding area. The subdivision further allows for improvements and enhancements to Red Sandstone Creek, allowing for it to become an even greater amenity to the Town of Vail while preserving and repairing the riparian area. Direct neighbors to Ever Vail include the following: ¥East: Vail Spa is currently a mula‐family residenaal project, with limited office uses included. It is currently zoned Lionshead Mixed Use – 1, which allows for development consistent with the uses proposed at Ever Vail. ¥West: The Glen Lyon neighborhood, including the Cascade Resort, is the nearest neighbors to the west and is separated by significant distance (right‐of‐way and stream tract). Future development and redevelopment in this area will likely be enhanced by the proposed development occurring at Ever Vail, including the new gondola. ¥South: The ERWSD building is the nearest neighbor to the south is zoned General Use, along with the stream tract and Tract K. ¥North: Ever Vail will generally be bound by the relocated South Frontage Road and I‐70 right‐of‐way to the north. 5.The extent to which the proposed subdivision is located and designed to avoid crea,ng spa,al pa:erns that cause inefficiencies in the delivery of public services, or require duplica,on or premature extension of public facili,es, or result in a "leapfrog" pa:ern of development; and Our Analysis: The major subdivision is necessary to facilitate the redevelopment of the Ever Vail area. As a result, this subdivision is highly efficient as public ualiaes already exist in the site. Because Ever Vail is a redevelopment project, it does not result in a “leapfrog” paXern of development. The project is more consistent with in‐fill Ever Vail (Rev. 12.21.10) 32 12/4/2012 development paXerns. It is taking an exisang, underualized area and redeveloping it to a beXer use. The realignment of the S. Frontage Road will allow vehicular traffic to flow more efficiently through the area. 6.The extent to which the u,lity lines are sized to serve the planned ul,mate popula,on of the service area to avoid future land disrup,on to upgrade undersized lines; and Our Analysis: High capacity uality lines already exist in the area and since this area was already considered in the master planning of the area, proper planning of uality capacity was already undertaken. Any impacts to the ualiaes will be miagated by the Applicant. 7.The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Our Analysis: The re‐alignment of the S. Frontage Road will allow for development to occur in a more logical paXern, along with consolidaang and minimizing the impacts of the traffic associated with the S. Frontage Road and I‐70. The alignment of the S. Frontage Road parallel to I‐70 has been successful in other parts of Town and allows for an efficient flow of traffic. In addiaon, the properaes in the Ever Vail area are a mix of unplaXed, metes and bounds legal descripaons and plaXed lots. The proposed subdivision will allow this area to be developed in a more orderly paXern. The subdivision is one step in the overall process to allow for the redevelopment of the West Lionshead area into Ever Vail. The subdivision allows for the provision of public parking, a new ski liV and mixed‐use hub for the Vail community. The Applicant believes that this redevelopment serves the best interest of the community as a whole. 8.The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegeta,on, riparian corridors, hillsides and other desirable natural features; Our Analysis: This major subdivision request will not result in adverse impacts on the natural environment. The site is currently developed with commercial uses and quasi‐industrial uses on the site. All development proposals on the site will be completed with the utmost concern for the protecaon of the natural environment in the area, as we consider natural areas ameniaes to the guests of Ever Vail. As other included applicaaons indicate, we are hoping to improve the riparian characterisacs of Red Sandstone Creek, which borders the property to the east of the Vail Professional Building. The Applicant hopes to make the creek a great asset to the area and to do so, will ensure that there are no adverse impacts to the natural environment. As stated previously, the project is in the LEED‐ND Pilot Program, details of which can be found in another secaon of this document. Ever Vail (Rev. 12.21.10) 33 12/4/2012 V. Rezoning A. Introduc4on to the Rezoning Request The Applicant is requesang a rezoning from Arterial Business District (ABD) to Lionshead Mixed Use ‐ 2 (LMU‐2) for Parcel 2, created by the Ever Vail Subdivision. The site is currently zoned Arterial Business District and is the site of the Vail Professional Building and Cascade Crossing, located at 953 and 1031 Frontage Road. With the addiaon of the Glen Lyon Office Building site, Vail Resorts is also requesang that this site be rezoned from SDD #4 to Lionshead Mixed Use – 2, consistent with the Lionshead Redevelopment Master Plan. The Applicant is also requesang to zone the poraon of the S. Frontage Road right‐of‐way, which is currently unzoned, to LMU‐2. The end result will be the enarety of the Ever Vail Subdivision zoned Lionshead Mixed Use – 2. The majority of the site is already zoned Lionshead Mixed Use – 2, including the Vail Maintenance Facility and the old gas staaon site (see below). Exis,ng Zoning Condi,ons: Ever Vail (Rev. 12.21.10) 34 12/4/2012 Proposed Zoning Condi,ons: B. Review Criteria for a Rezoning Request 1.The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objec,ves and policies outlined in the Vail comprehensive plan and is compa,ble with the development objec,ves of the town; and Our Analysis: The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review this rezoning request from Arterial Business District to Lionshead Mixed Use‐2, including the zoning of the Frontage Road right‐of‐way. Recently, the Town of Vail approved the inclusion of the Glen Lyon Office Building into the Lionshead Redevelopment Master Plan. The rezoning of these properaes furthers the adopted goals and policies of the Lionshead Redevelopment Master Plan. A complete analysis of the Lionshead Redevelopment Master Plan and other peranent master planning documents is in included in a previous secaon of this document. 2.The extent to which the zone district amendment is suitable with the exis,ng and poten,al land uses on the site and exis,ng and poten,al surrounding land uses as set out in the town's adopted planning documents; and Our Analysis: The Lionshead Redevelopment Master Plan indicates these properaes to be a part of the West Lionshead mixed‐use development. The property on the east side of Red Sandstone Creek, which includes the current maintenance facility, is currently zoned Lionshead Mixed Use – 2. The proposed site is bounded by I‐70 to the North. The re‐alignment of the Frontage Road will allow this area to become one cohesive development and the zoning of Lionshead Mixed Use – 2 to the property is more suitable than the current zoning designaaons. Ever Vail (Rev. 12.21.10) 35 12/4/2012 In addiaon, the rezoning is suitable with the surrounding land uses: ¥East: Vail Spa is currently a mula‐family residenaal project, with limited office uses included. It is currently zoned Lionshead Mixed Use – 1, which allows for development consistent with the uses proposed at Ever Vail. ¥West: The Glen Lyon neighborhood, including the Cascade Resort, is the nearest neighbor to the west, and is separated by significant distance (right‐of‐way and stream tract). Future development and redevelopment in this area will likely be enhanced by the proposed development occurring at Ever Vail, including the new gondola. ¥South: The ERWSD building, is the nearest neighbor to the south, and is zoned General Use. ¥North: Ever Vail is generally bounded by the relocated South Frontage Road and I‐70 right‐of‐way to the north. 3.The extent to which the zone district amendment presents a harmonious, convenient, workable rela,onship among land uses consistent with municipal development objec,ves; and Our Analysis: The rezoning of these properaes to Lionshead Mixed Use – 2 will allow for a more harmonious, convenient, and workable relaaonship in the proposed redevelopment of the West Lionshead area. Cascade Crossing and the Vail Professional Building are the only properaes zoned Arterial Business District in the Town of Vail. The Glen Lyon Office Building is substanaally physically separated from the remainder of SDD #4. Rezoning them to Lionshead Mixed Use – 2 allows for redevelopment which meets the town’s development objecaves as outlined in the Lionshead Redevelopment Master Plan, Zoning Regulaaons, Vail 20/20, etc. 4.The extent to which the zone district amendment provides for the growth of an orderly viable community and does not cons,tute spot zoning as the amendment serves the best interests of the community as a whole; and Our Analysis: As the adjacent area to the east is zoned Lionshead Mixed Use – 2 and this area is part of the Lionshead Redevelopment Master Plan study area, it is clear that this does not consatute a spot zoning. This amendment will help to allow the redevelopment of the West Lionshead area into a mixed use hub, serving the needs of guests and residents alike. 5.The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegeta,on, riparian corridors, hillsides and other desirable natural features; and Our Analysis: This rezoning request will not result in adverse impacts on the natural environment. The site is currently developed with commercial uses on the site. All development proposals on the site will be completed with the utmost concern for the protecaon of the natural environment in the area, as we consider it an amenity to the guests of West Lionshead. As future applicaaons will indicate, the Applicant intends to improve the riparian characterisacs of Red Sandstone Creek, which borders the property to the east of the Vail Professional Building. The Applicant hopes to make the creek a great asset to the area and to do so, we will ensure that there are no adverse impacts to the natural environment. An Environmental Impact Report has been submiXed with this applicaaon to provide further clarificaaon on this criteria. 6.The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Ever Vail (Rev. 12.21.10) 36 12/4/2012 Our Analysis: The purpose statement of the Lionshead Mixed Use ‐2 Zone District is as follows: The Lionshead mixed use 2 district is intended to provide sites for a mixture of mul4ple‐family dwellings, lodges, hotels, frac4onal fee clubs, 4meshares, lodge dwelling units, restaurants, offices, skier services, light industrial ac4vi4es, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other ameni4es appropriate to the permiYed types of buildings and uses and to maintain the desirable quali4es of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incen4ves for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incen4ves for proper4es to redevelop. The ul4mate goal of these incen4ves is to create an economically vibrant lodging, housing, and commercial core area. The incen4ves in this zone district include increases in allowable gross residen4al floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incen4ves is to create economic condi4ons favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Addi4onally, the incen4ves are created to help finance public, off site, improvements adjacent to redevelopment projects. Public ameni4es which will be evaluated with redevelopment proposals taking advantage of the incen4ves created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The applicaaon of Lionshead Mixed Use – 2 to this site, as part of the Lionshead Redevelopment Master Plan study area, is consistent with the above purpose statement. The rezoning will further the goals of the Town of Vail, and ensure consistency with the Lionshead Mixed Use – 2 Zone District. 7.The extent to which the zone district amendment demonstrates how condi,ons have changed since the zoning designa,on of the subject property was adopted and is no longer appropriate; and Our Analysis: The Arterial Business Zone District was originally adopted in 1982. At the ame, the enare Vail Valley was a different place. The populaaon of the enare county in 1980 was just under 15,000. Today, it’s esamated to be over 50,000. Beaver Creek Mountain opened in 1980. The Lionshead Parking Structure was completed in 1980. The Vail Professional Building was constructed in 1985 and Cascade Crossing was constructed in 1990. Twenty‐five years ago, the idea of a “billion dollar” renewal of Vail was unfathomable. The ABD Zone District is primarily a zone district intended for strip mall development. This site is no longer appropriate for this out‐dated form of development. Furthermore, the designaaon of the Glen Lyon Office Building as part of SDD #4 is no longer appropriate for the site. Due to the physical separaaon from the remainder of SDD #4, and its proximity to Ever Vail, a zoning designaaon of Lionshead Mixed Use – 2 is more appropriate so that the enare site can be planned as one development site. Ever Vail (Rev. 12.21.10) 37 12/4/2012 VI. SDD Major Amendment A. Introduc4on to the SDD Major Amendment In addiaon to the rezoning request, the eliminaaon of the Glen Lyon Office Building is a major amendment to Special Development District #4: Cascade Village. The following is the definiaon of a major amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residen4al floor area; change the number of dwelling or accommoda4on units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this sec4on), except as provided under sec4on 12‐15‐4, "Interior Conversions", or 12‐15‐5, "Addi4onal Gross Residen4al Floor Area (250 Ordinance)", of this 4tle. B. Review Criteria for the SDD Major Amendment “The purpose of the special development district is to encourage flexibility and crea4vity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and u4li4es; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan.” The following design criteria are used by the Town in the evaluaaon of a Special Development District. Because this is a unique applicaaon to remove an area from an exisang Special Development District, many of the criteria are not applicable. Below is a summary of how the project implements each of these criteria. A. Compa,bility: Design compa,bility and sensi,vity to the immediate environment, neighborhood and adjacent proper,es rela,ve to architectural design, scale, bulk, building height, buffer zones, iden,ty, character, visual integrity and orienta,on. Our Analysis: As the proposal is to include the exisang Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the Lionshead Design Guidelines and the Lionshead Redevelopment Master Plan, along with the development standards of the Lionshead Mixed Use ‐ 2 zone district. This property was specifically added to the Lionshead Redevelopment Master Plan by Resoluaon No. 26, 2008 adopted in February of 2009 by the Vail Town Council. The eliminaaon of the Glen Lyon Office Building will not impact the above‐ menaoned criteria on Special Development District No. 4: Cascade Village. B. Rela,onship: Uses, ac,vity and density which provide a compa,ble, efficient and workable rela,onship with surrounding uses and ac,vity. Our Analysis: As the proposal is to include the exisang Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the uses, both permiXed and condiaonal uses, of the Lionshead Mixed Use ‐ 2 zone district. As indicated in the Zoning Analysis included with the full Ever Vail (Rev. 12.21.10) 38 12/4/2012 Ever Vail submiXal, the Ever Vail project complies with the density standards of the zone district. For uses which require it, condiaonal use permits have been applied for. This property was specifically added to the Lionshead Redevelopment Master Plan by Resoluaon No. 26, 2008 adopted in February of 2009 by the Vail Town Council. The eliminaaon of the Glen Lyon Office Building will not impact the above‐menaoned criteria on Special Development District No. 4: Cascade Village. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: The proposed Ever Vail development meets the parking and loading requirements as outlined in Chapter 10. The eliminaaon of the Glen Lyon Office Building will not impact the above‐menaoned criteria on Special Development District No. 4: Cascade Village. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: In September of 2008, the Town Council voted to amend the Vail Land Use Plan by Resoluaon No. 19, Series of 2008, which stated: This Resoluaon clearly indicated that the Town’s intenaon for redevelopment of the Glen Lyon Office Building would be under the guidance of the Lionshead Redevelopment Master Plan. Furthermore, early in 2009 and following review that same year, the Town Council voted to amend the Lionshead Redevelopment Master Plan to include the Glen Lyon Office Building as part of the Lionshead area, with Resoluaon No. 26, Series of 2008. The amendments included by this resoluaon have been incorporated into the proposed development on this site, including all standards which are more restricave than the Lionshead Mixed Use ‐ 2 zone district. This proposed amendment conforms with the applicable elements of the Vail Comprehensive Plan. E. Natural and/or Geologic Hazard: Iden,fica,on and mi,ga,on of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards exisang or mapped by the Town for this site. Poraon of the site are in excess of 40% slopes, but no development is proposed in these areas. The eliminaaon of the Glen Lyon Office Building will not impact the above‐menaoned criteria on Special Development District No. 4: Cascade Village. F. Design Features: Site plan, building design and loca,on and open space provisions designed to produce a func,onal development responsive and sensi,ve to natural features, vegeta,on and overall aesthe,c quality of the community. Ever Vail (Rev. 12.21.10) 39 12/4/2012 Our Analysis: As the proposal is to include the exisang Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the Lionshead Design Guidelines and the Lionshead Redevelopment Master Plan, along with the development standards of the Lionshead Mixed Use ‐ 2 zone district. The eliminaaon of the Glen Lyon Office Building will not impact the above‐menaoned criteria on Special Development District No. 4: Cascade Village. G. Traffic: A circula,on system designed for both vehicles and pedestrians addressing on and off‐site traffic circula,on. Our Analysis: A Traffic Impact Study has been submiXed as part of the Ever Vail project which addresses this criteria. The eliminaaon of the Glen Lyon Office Building will not impact the above‐menaoned criteria on Special Development District No. 4: Cascade Village. H. Landscaping: Func,onal and aesthe,c landscaping and open space in order to op,mize and preserve natural features, recrea,on, views and func,on. Our Analysis: As the proposal is to include the exisang Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the Lionshead Design Guidelines and the Lionshead Redevelopment Master Plan, along with the development standards of the Lionshead Mixed Use ‐ 2 zone district. The eliminaaon of the Glen Lyon Office Building will not impact the above‐menaoned criteria on Special Development District No. 4: Cascade Village. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, func,onal and efficient rela,onship throughout the development of the special development district. Our Analysis: Cascade Village is substanaally complete and the removal of the Glen Lyon Office Building has no impact on the phasing plan of the Special Development District. Ever Vail (Rev. 12.21.10) 40 12/4/2012 VII. Text Amendment A. Introduc4on to Text Amendment Note: The text amendment was reviewed by the Planning and Environmental Commission, who forwarded a recommenda=on of approval to the Town Council on January 11, 2010, following a recommenda=on of approval by Town Staff. As the Town Council has not yet reviewed the text amendment, this sec=on is included in this document, but does not require further ac=on by the Planning and Environmental Commission. Secaon 12‐1‐19 is requested to be amended to include the Ever Vail Subdivision to be within the Core Area Parking Requirements. Specifically, this secaon would be amended as follows (text to be deleted is indicated in strike‐through; text to be added is indicated in bold): 12‐10‐19: CORE AREAS IDENTIFIED: Tables 1 and 2 (Core Area Parking Map aYached to the ordinance codified herein, and available for inspec4on in the office of the town clerk) shall be used to iden4fy proper4es within Vail's commercial core areas for parking purposes. In addiaon to the text amendment, the following map will be included in the amendment (final map to be coordinated with Town Staff): Core Area Parking Map Recognizing Ever Vail as a mixed‐use development and as an addiaonal neighborhood of Vail, the Core Area parking requirements are more applicable for the following reasons: ¥Availability of public parking in close proximity; ¥People accessing residenaal and retail and skiing are only making a single trip and need only one parking space or less (mixed use); ¥Desanaaon skiers do not always have a car and are shuXled to hotels/residence; Ever Vail (Rev. 12.21.10) 41 12/4/2012 ¥Availability of share car; ¥Gondola access to the mountain; ¥Shared vehicle program ¥Access to in town shuXle and other bus routes; ¥Inclusion of a transit facility on‐site for regional and local buses One of the recommendaaons of the planning process associated with the Lionshead Redevelopment Master Plan was to look at the parking requirements of the Vail Village and Lionshead areas to study the Town’s parking requirements and the needs of these areas. During the summer of 1999, the Town hired the firm of Felsburg, Holt & Ullevig to conduct an in‐depth analysis of parking generaaon in Vail’s commercial core areas. The primary purpose of the study was to determine the influence of external factors (mixed uses, transit/pedestrian trips, hourly variaaons in business acavity) on parking generaaon. In 2000, the Town adopted the Core Area Parking Requirements for certain areas of Town – Vail Village and Lionshead. At the ame, the redevelopment of West Lionshead into Ever Vail was not a consideraaon. Ever Vail will be a mixed use development, emphasizing alternaave means of transportaaon and an extension of the Lionshead Area. Including Ever Vail in the Core Area Parking Requirements is not an across the board reducaon in parking requirements. For some uses, the parking requirements are actually more stringent. The Core Area Parking Requirements reflect what historically has occurred in the core areas and more accurately reflect the needs of the core areas. The following table provides a general breakdown of the parking requirements and obligaaons based on the Lionshead Redevelopment Master Plan: Use Code or Master Plan Public or Private Total Spaces Provided Residenaal Code Requirement Private 457.8 Commercial Code Requirement Public 314.5 Ever Vail (Rev. 12.21.10) 42 12/4/2012 Use Code or Master Plan Public or Private Total Spaces Provided Skier Parking Master Plan Recommendaaon Public 400 Replacement Parking Master Plan Recommendaaon Quasi‐public 289 TOTAL (Code Requirement + Obliga,on):TOTAL (Code Requirement + Obliga,on):TOTAL (Code Requirement + Obliga,on):1461.3 TOTAL SPACES PROVIDED:TOTAL SPACES PROVIDED:TOTAL SPACES PROVIDED:1478 Comparison of Core Area Parking Requirements to Non‐Core Area Parking Requirements: Use Quan,ty Core Area Parking Req. With Allowable Reduc,on Not Core Area Parking Req. With Allowable Reduc,on Dwelling Units 381 1.4 per unit 413.39 if du>2000 sf, 2.5 / if du<2000, 2 714.38 Accom. Units 102 .7 per unit 55.34 .4 per au + .1 per 100 sq. V. of GRFA 30.60 EHU 41 1.4 per unit 44.49 <500 sf, 1.5 / if less than 2000 sf, 2 61.50 Hotel Conference 4,980 1 per 330 sf seaang area 11.70 1 per 120 of seaang floor area 31.13 Meeang Room 2,485 1 per 165 sf seaang area 11.67 1 per 120 of seaang floor area 15.53 Restaurant 11,307 1 per 250 of seaang floor area 35.05 1 per 120 sf of seaang floor area 70.67 Retail 34,053 2.3 per 1000 sf net floor area 60.70 1 per 300 sf of net floor area 85.13 Children's Services* 12,172 1 per 1000 sf net floor area 9.43 set by PEC (calc'd at 1/1000)9.13 Spa*9,950 1 per 1000 sf net floor area 7.71 set by PEC (calc'd at 1/1000)7.46 Office 34,669 2.7 for 1000 sf net floor area 72.54 1 per 250 sf net floor area 104.01 Maint. Facility 1 esamated need of 50 spaces 50.00 esamated need of 50 spaces 50.00 TOTAL Core Area Parking RequirementsTOTAL Core Area Parking RequirementsTOTAL Core Area Parking Requirements 772.02 TOTAL Non‐Core Area REquirements 1179.54 *Spa and children's services are set by the PEC, but calculated at 1 per 1000 sf of net floor area in accordance with previous approvals B. Review Criteria for a Text Amendment The Town of Vail Zoning Regulaaons provide the criteria for review of a text amendment. For the purposes of this applicaaon, each criterion will be addressed below: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regula,ons; and Our Analysis: The Town of Vail Zoning Regulaaons, in Secaon 12‐1‐2: Purpose, describes the general purpose of the regulaaons as follows: 12‐1‐2: PURPOSE: Ever Vail (Rev. 12.21.10) 43 12/4/2012 A. General: These regula4ons are enacted for the purpose of promo4ng 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 residen4al community of high quality. Secaon 12‐1‐2 also provides the specific purposes of the regulaaons as follows: 1.To provide for adequate light, air, sanita4on, drainage, and public facili4es. 2.To secure safety from fire, panic, flood, avalanche, accumula4on of snow, and other dangerous condi4ons. 3.To promote safe and efficient pedestrian and vehicular traffic circula4on and to lessen conges4on in the streets. 4.To promote adequate and appropriately located off street parking and loading facili4es. 5.To conserve and maintain established community quali4es and economic values. 6.To encourage a harmonious, convenient, workable rela4onship among land uses, consistent with municipal development objec4ves. 7.To prevent excessive popula4on densi4es 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, recrea4on opportuni4es, and other ameni4es and facili4es conducive to desired living quarters. 11.To otherwise provide for the growth of an orderly and viable community. In addiaon, Secaon 12‐10‐1 of the Zoning Regulaaons provides the purpose of the Parking and Loading Chapter: 12‐10‐1: PURPOSE: In order to alleviate progressively or to prevent traffic conges4on and shortage of on street parking areas, off street parking and loading facili4es shall be provided incidental to new structures, enlargements of exis4ng structures or a conversion to a new use which requires addi4onal parking under this chapter. The number of parking spaces and loading berths prescribed in this chapter shall be in propor4on to the need for such facili4es created by the par4cular type of use. Off street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. In certain districts, all or a por4on of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentra4ons or exposed parking and of separate garage or carport structures. While many of the purpose statements are not necessarily applicable to this paracular code amendment, it is important to note that it does further many of them. Including Ever Vail into the core area for parking requirements means that the parking provided will more adequately meet the demand. This demand has been established by numerous studies completed by the Town. Parking will almost enarely be provided below‐grade or in structured parking, minimizing the visual and aestheac impacts of parking. Most importantly, this amendment promotes adequate and appropriately located off street parking faciliaes. 2. The extent to which the text amendment would be:er implement and be:er achieve the applicable elements of the adopted goals, objec,ves, and policies outlined in the Vail comprehensive plan and is compa,ble with the development objec,ves of the town; and Ever Vail (Rev. 12.21.10) 44 12/4/2012 Our Analysis: A complete analysis of the Lionshead Redevelopment Master Plan has been included in a previous secaon of this document and provides support for this amendment. 3. The extent to which the text amendment demonstrates how condi,ons have substan,ally changed since the adop,on of the subject regula,on and how the exis,ng regula,on is no longer appropriate or is inapplicable; and Our Analysis: While this text amendment is considered independent of the other applicaaons submiXed for Ever Vail, it is necessary to consider the development as a whole to understand why the Core Area Parking Requirements are more applicable to this site. The Core Area Parking Requirements as codified today were reviewed and adopted in 1999 and 2000, immediately following the adopaon of the Lionshead Redevelopment Master Plan in 1998. While it was understood that the West Lionshead area was likely to redevelop in some manner, the properaes were owned by a number of different enaaes, and it was not thought that this area would be under single ownership and could be developed in a more comprehensive manner. More importantly, neither a ski liV, a public parking structure, or a transit center were considered for this site at the ame of adopaon. In the nearly 11 years since the adopaon of the Lionshead Redevelopment Master Plan and the Core Area Parking Requirements, many factors have changed. In conjuncaon with the Ever Vail parking structure, the Applicant is planning many transit uses on‐site, which will allow in‐town buses and the ECO Bus system to provide service to this site. Finally, the Applicant is moving forward with the LEED for Neighborhood Development ceraficaaon process. To be cerafied, Ever Vail will be a mula‐modal transit community, where all forms of transportaaon will be encouraged and, in some cases, mandated. The intent is to maximize public transit to the site and the proposal includes: ¥Bus drop‐off/pick up on the east side of the site. ¥Skier drop‐off spaces on the east side, along with substanaal short‐term drop‐off spaces in the west side parking structure to accommodate DEVO drop‐off and other parking needs at other ames of the week. ¥Extensive connecaons to Town pedestrian and bicycle networks. ¥Hotel shuXle drop‐off and pick‐up locaaons onsite. 4. The extent to which the text amendment provides a harmonious, convenient, workable rela,onship among land use regula,ons consistent with municipal development objec,ves; and Our Analysis: The proposal to include Ever Vail in the Core Area parking requirements furthers the Town’s goals of providing parking adequate to serve the uses of the development. In addiaon, the amendment allows for addiaonal parking to be provided for the public, rather than allocated for private use. Maximizing public parking is a stated goal of the Town of Vail. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. Our Analysis: Not applicable. Ever Vail (Rev. 12.21.10) 45 12/4/2012 VIII. Condi,onal Use Permits A. Introduc4on of the Condi4onal Use Permits The Applicant is requesang condiaonal use permits to allow for the following uses: ¥Private parking structure (including transit faciliaes) ¥Maintenance Facility ¥Gondola ¥Mulaple‐Family residenaal dwelling units on the first floor and garden level ¥Professional office on the second floor and at garden level ¥Recreaaon faciliaes ¥Conference and meeang space on the garden and basement levels These uses are all condiaonal uses listed in the Lionshead Mixed Use – 2 Zone District. A condiaonal use is further regulaaons by Chapter 16, Condiaonal Use Permits, Vail Town Code. The purpose of this chapter is as follows: 12‐16‐1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objec4ves of this 4tle, specified uses are permiYed in certain districts subject to the gran4ng of a condi4onal use permit. Because of their unusual or special characteris4cs, condi4onal uses require review and evalua4on so that they may be located properly with respect to the purposes of this 4tle and with respect to their effects on surrounding proper4es. The review process prescribed in this chapter is intended to assure compa4bility and harmonious development between condi4onal uses and surrounding proper4es and the town at large. Uses listed as condi4onal uses in the various districts may be permiYed subject to such condi4ons and limita4ons as the town may prescribe to ensure that the loca4on and opera4on of the condi4onal uses will be in accordance with development objec4ves of the town and will not be detrimental to other uses or proper4es. Where condi4ons cannot be devised to achieve these objec4ves, applica4ons for condi4onal use permits shall be denied. B. Review Criteria for a Condi4onal Use Permit 1. Rela,onship and impact of the use on development objec,ves of the town. Our Analysis: To be the Premier Mountain Resort Community… The Applicant shares this vision with the Town of Vail. It is the Applicant’s intent to further this vision through the addiaon of world‐class faciliaes in Ever Vail. This vision is further supported by stated development objecaves of the Town of Vail. The purpose statement of the Lionshead Mixed Use‐2 Zone District states: The Lionshead mixed use 2 district is intended to provide sites for a mixture of mul4ple‐family dwellings, lodges, hotels, frac4onal fee clubs, 4meshares, lodge dwelling units, restaurants, offices, skier services, light industrial ac4vi4es, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other ameni4es appropriate to the permiYed types of buildings and uses and to maintain the desirable quali4es of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incen4ves for redevelopment in accordance with the Lionshead redevelopment master plan. Ever Vail (Rev. 12.21.10) 46 12/4/2012 This zone district was specifically developed to provide incen4ves for proper4es to redevelop. The ul4mate goal of these incen4ves is to create an economically vibrant lodging, housing, and commercial core area. The incen4ves in this zone district include increases in allowable gross residen4al floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incen4ves is to create economic condi4ons favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Addi4onally, the incen4ves are created to help finance public, off site, improvements adjacent to redevelopment projects. Public ameni4es which will be evaluated with redevelopment proposals taking advantage of the incen4ves created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review the condiaonal use permit applicaaons. The LRMP is discussed in a previous secaon of this document and should be referenced in support of this secaon. Each of the condiaonal uses proposed are specifically idenafied in the LRMP as prioriaes for this site. These uses are consistent with the development objecaves of the Town of Vail. 2. Effect of the use on light and air, distribu,on of popula,on, transporta,on facili,es, u,li,es, schools, parks and recrea,on facili,es, and other public facili,es and public facili,es needs. Our Analysis: The addiaon of the public/private parking structure, with substanaal transit faciliaes, will have posiave effects on the above criteria. The addiaon of a new portal through the new gondola onto the ski mountain will serve to disperse skiers, allowing addiaonal choices for their point of entry onto the mountain, as the study of skier distribuaon indicates (see study under separate cover). The new gondola and the parking structure are integral in the ability to serve the populaaon by providing both a new liV and the parking necessary to serve the new liV. In addiaon, this will help to alleviate congesaon in liV lines in the Village and Lionshead, by providing skiers with an addiaonal choice to park to access the mountain as well as substanaally reducing parking which occurs on the Frontage Road. The maintenance facility is completely subterranean and is a much needed improvement to an outdated facility. The addiaonal recreaaon faciliaes, including the new indoor climbing wall and improvements to the Gore Creek and Red Sandstone Creek corridors will improve both acave and passive recreaaonal uses throughout the Town of Vail. Finally, the new conference and meeang space will help to reduce the seasonality of the Town of Vail, by providing substanaal new meeang space to enhance the exisang group business in Town. 3. Effect upon traffic, with par,cular reference to conges,on, automo,ve and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Our Analysis: The Applicant and the Town of Vail are working with CDOT in the re‐alignment of the Frontage Road and CDOT is very supporave of the proposed re‐alignment. In addiaon, the Applicant is providing several transit stops both within the proposed transit center and at the street level in front of the proposed market to serve the parking and the overall West Lionshead area. The ski liV will be in close proximity to the proposed parking structure, allowing for skiers to safely walk from the parking structure to the proposed ski liV. Having a gondola to service the skiers parked in the public parking structure allows for less impact on the Town’s transportaaon system. In addiaon, with Mountain Operaaons below grade, there is no impact of the snow cats on the public road system. The other proposed condiaonal uses have no impact on this criteria. Ever Vail (Rev. 12.21.10) 47 12/4/2012 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in rela,on to surrounding uses. Our Analysis: The proposed parking structure is an integral part of the proposed mixed‐use hub that Ever Vail is envisioned to become. The maintenance facility will be completely subterranean and have no impact to surrounding uses, which is a substanaal improvement over the exisang facility. The other proposed condiaonal uses are integrated into Ever Vail, and have no impact on increasing the scale and bulk of the project. Ever Vail meets the height limitaaons of the LMU‐2 zone district, and the substanaally more restricave limitaaons of the Lionshead Redevelopment Master Plan. Ever Vail (Rev. 12.21.10) 48 12/4/2012 IX. Major Exterior Altera,on A. Introduc4on to the Major Exterior Altera4on In the Lionshead Mixed Use – 2 Zone District, a Major Exterior Alteraaon is required for the following types of projects: 12‐7I‐7: EXTERIOR ALTERATIONS OR MODIFICATIONS: Review Required: The construc4on of a new building or the altera4on of an exis4ng building shall be reviewed by the design review board in accordance with chapter 11 of this 4tle. However, any project which adds addi4onal dwelling units, accommoda4on units, frac4onal fee club units, 4meshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substan4al off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior altera4on in accordance with this chapter and sec4on 12‐3‐6 of this 4tle. Any project which requires a condi4onal use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this 4tle. Complete applica4ons for major exterior altera4ons shall be submiYed in accordance with administra4ve schedules developed by the department of community development for planning and environmental commission and design review board review. B. Review Criteria for the Major Exterior Altera4on The Lionshead Mixed Use‐2 Zone District does not supply criteria for review as in the case of a Special Development District. However, it does offer a descripaon of the “compliance burden.” 12‐7I‐8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior altera4on or new development is in compliance with the purposes of the Lionshead mixed use 2 district, that the proposal is consistent with applicable elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant nega4ve effect on the character of the neighborhood, and that the proposal substan4ally complies with other applicable elements of the Vail comprehensive plan. 1. Purpose of the LMU‐2 Zone District Our Analysis: The Lionshead Mixed Use 2 zone district was created in 1999, as the implementaaon phase of the Lionshead Redevelopment Master Plan. It intended to create incenaves for properaes to redevelop. The purpose of the LMU‐2 zone district is as follows: The Lionshead mixed use 2 district is intended to provide sites for a mixture of mul4ple‐ family dwellings, lodges, hotels, frac4onal fee clubs, 4meshares, lodge dwelling units, restaurants, offices, skier services, light industrial ac4vi4es, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other ameni4es appropriate to the permiYed types of buildings and uses and to maintain the desirable quali4es of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incen4ves for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incen4ves for proper4es to redevelop. The ul4mate goal of these incen4ves is to create an economically vibrant Ever Vail (Rev. 12.21.10) 49 12/4/2012 lodging, housing, and commercial core area. The incen4ves in this zone district include increases in allowable gross residen4al floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incen4ves is to create economic condi4ons favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Addi4onally, the incen4ves are created to help finance public, off site, improvements adjacent to redevelopment projects. Public ameni4es which will be evaluated with redevelopment proposals taking advantage of the incen4ves created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. All the uses proposed at Ever Vail are listed in the Lionshead Mixed Use – 2 Zone District as permiXed or condiaonal uses. As stated in the purpose statement and as a stated goal of Ever Vail, the goal is “to create an economically vibrant lodging, housing, and commercial core area.” The redevelopment of West Lionshead into Ever Vail is consistent with the purpose of the Lionshead Mixed Use – 2 Zone District. 2. Lionshead Redevelopment Master Plan Compliance Our Analysis: A complete analysis of Ever Vail’s compliance with the Lionshead Redevelopment Master Plan has been provided in a separate secaon of this document and should be referenced with respect to this secaon. 3. Character of the Neighborhood Our Analysis: The exisang uses in the West Lionshead area could be considered light industrial – the Vail Mountain maintenance facility, old Vail BP site (temporarily a parking lot), and the ERWSD treatment facility. While the maintenance facility will remain at Ever Vail, the facility will be relocated to an underground locaaon, greatly improving the character of the neighborhood. Direct neighbors to Ever Vail include the following: ¥East: Vail Spa is currently a mula‐family residenaal project, with limited office uses included. It is currently zoned Lionshead Mixed Use – 1, which allows for development consistent with the uses proposed at Ever Vail. ¥West: The Glen Lyon neighborhood, including the Cascade Resort are the nearest neighbors to the west, and other than the Glen Lyon Office building, is separated by significant distance (right‐of‐way and stream tract). Future development and redevelopment in this area will likely be enhanced by the proposed development occurring at Ever Vail, including the new gondola. ¥South: The ERWSD building is the nearest neighbor to the south, and is zoned General Use. ¥North: Ever Vail will generally be bound by the relocated South Frontage Road and I‐70 right‐of‐way to the north. The proposed development at Ever Vail will vastly improve the character of the neighborhood. The exisang strip mall development will be eliminated, and a new sustainable, economically vibrant, and aestheacally pleasing development will replace it. Ever Vail (Rev. 12.21.10) 50 12/4/2012 Exisang Condiaons: 4. Other Applicable Elements of the Vail Comprehensive Plan Our Analysis: The Lionshead Redevelopment Master Plan has been covered in depth in previous secaons of this document and is incorporated here by reference. The Vail Land Use Plan, which was originally adopted in 1986, also includes goals that are applicable to this project. 1.1 Vail should con4nue to grow in a controlled environment, maintaining a balance between residen4al, commercial, and recrea4onal 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 addi4onal growth in exis4ng developed areas (infill areas). 2.1 The community should emphasize its role as a des4na4on resort while accommoda4ng day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together to improve facili4es for day skiers. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incen4ves, provided by the Town of Vail, with appropriate restric4ons. 5.4 Residen4al growth should keep pace with the market place demands for a full range of housing types. 5.5 The exis4ng employee housing base should be preserved and upgraded. Addi4onal employee housing needs should be accommodated at varied sites throughout the community. Now over 30 years old, the Town of Vail Land Use Plan is outdated in general, but many of the concepts of the plan are applicable to development today. Ever Vail (Rev. 12.21.10) 51 12/4/2012 X. Housing Plan I. CALCULATION METHOD A. Exis,ng Condi,ons The following table summarizes the exisang uses within Cascade Crossing, the Vail Professional Building, the old Vail BP, and the Glen Lyon Office Building, to establish the exisang commercial uses on the Ever Vail site: Use Cascade Crossing Vail Professional Building Vail BP Glen Lyon Office Building Total Retail 8,584 1,938 3,374 0 13,896 Eaang & Drinking Establishment 1,479 0 0 0 1,479 Office 1,020 17,987 0 10,829 29,836 COMMERCIAL DEVELOPMENT: Any development that includes uses such as business offices, professional offices, accommodaaon units, general retail, grocery, liquor and convenience, recreaaonal amenity, real estate offices, conference faciliaes, health clubs, eaang and drinking establishments, service oriented businesses, or similar uses. RESIDENTIAL DEVELOPMENT: A development that includes at least one dwelling unit, including single‐family dwellings, two‐family dwellings, mulaple family dwellings, fracaonal fee club units, lodge dwelling units, aXached accommodaaon units, and ameshare units. B. Net New Commercial Development for Ever Vail The following table summarizes the proposed uses, the net new square footage of each use, and the employees generated by the net increase in square feet in Ever Vail: Use Net New Sq. Ft. or Units Employees Generated Retail 17,631 42 Eaang and Drinking Establishment 20,858 141 Spa 9,950 21 Office 4,833 15 Children’s Services 12,172 39 Conference 9,807 8 Hotel 102 units 71 TotalTotal 338 20% Mi,ga,on Rate20% Mi,ga,on Rate 67.53 Total Commercial Linkage Requirements: 67.53 employees C. Net New Residen,al Development for Ever Vail Residenaal Development Increase = Inclusionary Zoning Inclusionary Zoning requirement = 10 percent of net new residenaal sq. V. Ever Vail (Rev. 12.21.10) 52 12/4/2012 The following table provides the calculaaon for the Inclusionary Zoning Requirement for Ever Vail: Inclusionary Zoning EHU RequirementInclusionary Zoning EHU Requirement Net New GRFA 571,318 sq. V. Genera,on Rates (10% of net new) TOTAL IZ EHU SF required 57,131.8 sq. V. D.Mi,ga,on Method Commercial Linkage: The total Commercial Linkage (CL) employee housing requirement is to house 67.53 employees. We are proposing to meet 64% of this requirement on‐site, through the provision of dorm‐style units. Employees Generated: 67.53 Dorm‐Style Unit SF: 1,200 sf per unit Employee Per Dorm‐Style Unit: 4.8 Number of Dorm‐style Units CL Requirement: 9 units Number of Employees Housed On‐Site: 43.2 employees (64%) Remaining Off‐SIte Requirement: 24.33 employees Inclusionary Zoning: The total Inclusionary Zoning (IZ) employee housing requirement is 57,131.8 sf. The on‐site requirement will be met with the remaining dorm‐style units and the for‐sale employee housing provided on‐site. The remaining requirement will be met through the provision of off‐site units. This equates to the following: Total IZ Requirement: 57,131.8 sf For‐Sale EHU sf: 39,555 sf Total On‐Site IZ Requirement met: 39,555 sf (69%) Remaining Off‐Site IZ Requirement: 17,576 sf •Total Employee Housing Requirement Met On‐Site: 67% (49,518 sf) •64% of CL requirement •69% of IZ requirement •Remaining Off‐Site Employee Housing Requirement: 33% (24,414 sf) 2. PLANS A dimensioned site plan and architectural floor plan that demonstrates compliance with Secaon 12‐24‐3, Building Requirements. The typical EHU floor plan includes four‐bedrooms, two full baths, living area, dining area, and kitchen, totaling 1,200 sf. 3. LOT SIZE The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment. Not Applicable 4. SCHEDULES A ameline for the provision of any off‐site EHUs. Ever Vail (Rev. 12.21.10) 53 12/4/2012 Deed restric4ons for off‐site units will be provided in accordance with the TCO Sequencing Plan as provided under separate cover. 5. OFF‐SITE UNITS A proposal for the provision of any off‐site EHUs shall include a brief statement explaining the basis of the proposal. The Applicant is proposing to meet 64% of the Commercial Linkage Requirement and 69% of the total Inclusionary Zoning Requirement, for a total of 67% of the total EHU requirement. The remaining 33% or 24,414 sf requirement will be met off‐site, as is allowed by the Town Code. Providing off‐site units will afford a benefit to the Town of Vail, as it will immediately have employee units in place. 6. OFF‐SITE CONVEYANCE REQUEST A request for an off‐site conveyance shall include a brief statement explaining the basis for the request. Not Applicable 7. FEES‐IN‐LIEU A proposal to pay fees‐in‐lieu shall include a brief statement explaining the basis of the proposal. There will be no fee‐in‐lieu. 8. WRITTEN NARRATIVE A wriXen narraave explaining how the employee housing plan meets the purposes of the Chapter and complies with the Town’s Comprehensive Plan. A.Chapter 12‐24‐1 The purpose of Chapter 12‐24‐1 is as follows: The purpose of this Chapter is to ensure that new residen4al development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mi4gate the impact on employee housing caused by such residen4al development and redevelopment. Chapter 12‐23‐1: The purpose of Chapter 12‐23‐1 is as follows: The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mi4gate the impact on employee housing caused by such commercial development and redevelopment. As indicated, the Applicant is proposing to meet approximately 67% of the employee housing requirement on‐site, exceeding the Town’s minimum requirement of 50%. It is the intent of the Applicant that Ever Vail is a vibrant community within the Town, with a mix of residents. With the mix of unit types, and both for‐sale and rental housing, Ever Vail will be providing for employee housing at a variety of income levels, miagaang the impact of both residenaal and commercial development. In addiaon to meeang the Town’s requirements, the Applicant will be restricang the occupancy of some of the employee units to lower income residents by using County AMI standards for affordability. B.Lionshead Redevelopment Master Plan. Ever Vail was recently included in to the Lionshead Redevelopment Master Plan study area. The following is taken from Chapter 4 of the Lionshead Redevelopment Master Plan: Ever Vail (Rev. 12.21.10) 54 12/4/2012 4.9 Housing Recent community surveys and grass‐roots planning efforts such as Vail Tomorrow have iden4fied the lack of locals’ housing as the most cri4cal issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was iden4fied as an opportunity area to implement some of the community’s housing goals, par4cularly rela4ng to employee housing. These opportuni4es and associated issues are outlined below. 4.9.1 No Net Loss of Employee Housing Ground rule number five of the master plan states that there shall be no net loss of employee housing in Lionshead as redevelopment occurs. 4.9.2 Visual Issues The financial reali4es of affordable housing ojen require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some la4tude be granted to affordable housing developers. However, it is also important that financial reali4es not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophis4ca4on of a five star resort development, but it does need to be good quality construc4on and design. Rivers Edge in Avon is a good example of an aYrac4ve yet affordable employee housing project. 4.9.3 Policy Based Housing Opportuni4es The first means of implemen4ng housing goals in Lionshead is through policy based requirements such as the employee genera4on ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area. At the ame of the adopaon of the Lionshead Redevelopment Master Plan, the pracace of the Town of Vail was to require miagaaon of the employees generated by a project. Neither the Town nor the Lionshead Redevelopment Master Plan ever anacipated the current requirements. As result, the employee housing provided by the Ever Vail development clearly exceeds the expectaaons of the Lionshead Redevelopment Master Plan and is therefore in compliance. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incen4ves, provided by the Town of Vail, with appropriate restric4ons. 5.5 The exis4ng employee housing base should be preserved and upgraded. Addi4onal employee housing needs should be accommodated at varied sites throughout the community. Ever Vail (Rev. 12.21.10) 55 12/4/2012 Ever Vail complies with these statements from the Town of Vail Land Use Plan. Specifically, integraang the employee housing at Ever Vail into the project allows for employee housing to be slope‐side and near their employment. Ever Vail (Rev. 12.21.10) 56 12/4/2012 XI. Adjacent Addresses 210312109003 GLEN LYON OFFICE BUILDING C/O ANDREW D. NORRIS 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 210312100005 000934 FRONTAGE RD VAIL CORPORATION PO BOX 959 AVON, CO 81620‐0959 210312100004 001031 FRONTAGE RD SOHO DEVELOPMENT LLC 950 17TH ST STE 1600 DENVER, CO 80202 210312100002 000953 FRONTAGE RD SOHO DEVELOPMENT LLC 950 17TH ST STE 1600 DENVER, CO 80202 210312124001 000923 FRONTAGE RD W VAIL CORP PO BOX 7 VAIL, CO 81658 210312109004 SUB:GLEN LYON SUBDIVISION LOT:39‐2 ROBERT J. ROSEN 2005 QPRT NANCY ROSEN 2005 QPRT 1127 LAKE AVE GREENWICH, CT 06831 210312109005 ORRAS, IGNACIO 777 POST OAK BLVD 550 HOUSTON, TX 77056 210107216001 000846 FOREST RD EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAIL, CO 81657 210107200001 210312109002 210312100010 210107200001 210106302004 210107218002 210107218001 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 210107217004 000825 FOREST RD GORE CREEK PLACE LLC PO BOX 7 VAIL, CO 81658 210107217002 000728 LIONSHEAD CIR VAIL CORP PO BOX 7 VAIL, CO 81658 000710 LIONSHEAD CIR VAIL SPA CONDOMINIUM ASSOC 710 W LIONSHEAD CIR VAIL, CO 81657 DANN PETER ‐ Registered Agent PO BOX 5480 AVON, CO 81620 001000 LIONS RIDGE LOOP VAIL RUN RESORT COMMUNITY 1000 LIONS RIDGE LOOP VAIL, CO 81657 Vail Run Resort Community Assoc Inc William I Fleischer ‐ Registered Agent 1000 LIONSRIDGE LOOP VAIL, CO 81657 210107217002 RCR Vail LLC 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD , CO 80021 Gore Creek Place LLC 390 Interlocken Crescent, Broomfield, CO 80021 210107222004 JPSSE VAIL IMMOBILIERE LLC RUBEN DARIO 115 TORRE 2 602 MEXICO D.F. CP 11580 MEXICO 210107222003 3 GCP INC AV CHAPULTEPEC 18 MEXICO DF 06640 MEXICO 210107222002 MARK GREENHILL REV TRUST ‐ ELIZABETH GREENHILL REV TRUST ‐ MARK GREENHILL FAMILY DESCENDANTS TRUST 153 SHERIDAN RD WINNETKA, IL 60093 210107222001 CAREY, ROBERT B. 6912 E HUMMINGBIRD LN PARADISE VALLEY, AZ 85253 Ever Vail (Rev. 12.21.10) 57 12/4/2012 210107222007 SHARE SYNDICATE XIII LLC ALISON BUCHHOLTZ 675 LIONSHEAD PL VAIL, CO 81657 210107222008 JANICE SAUVAGE TRUST NO 1 8650 W TROPICANA AVE 208 LAS VEGAS, NV 89147 210107222006 SCHICIANO, KENNETH 43 HIGHGATE RD WELLESLEY, MA 02481 210107222005 5 GCP INC AV CHAPULTEPEC 18 COL DOCTORES MEXICO DF MEXICO 2103‐014‐01‐068 TELLEEN, DANIEL E. 122 E MEADOW DR VAIL, CO 81657 2101‐063‐03‐015 JOSEPH O. BROUGHTON TESTAMENTARY TRUST 240 ASH ST DENVER, CO 80220 2101‐063‐03‐016 BROUGHTON, JOSEPH O., JR & LINDA K. 240 ASH ST DENVER, CO 80220 2101‐063‐03‐014 RICHARD E. & MARTHA GRIFFITH DEAN TRUST, RICHARD E. & MARTHA GRIFFITH DEAN TRUSTEES PO BOX 970 TONGANOXIE, KS 66086 SIMBA RUN CONDOMINIUM ASSOCIATION Farrow HiX 1100 N FRONTAGE RD VAIL, CO 81657 BREAKAWAY WEST ASSOCIATION Chrisane A. Spaeth PO Box 3717, Eagle, CO 81631 BREAKAWAY WEST ASSOCIATION P.O. Box 1743, Vail, CO 81658 SANDSTONE 70 CONDOMINIUM ASSOCIATION, INC. Vail Tax & Accounang, Inc. BOX 5940 AVON, CO 81620 SANDSTONE 70 CONDOMINIUM ASSOCIATION, INC. PO BOX 1679 AVON, CO 81620 CDOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 MAURIELLO PLANNING GROUP, LLC POST OFFICE BOX 1127 AVON, CO 81620 2101‐072‐11‐032 VAIL RESORTS DEV THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD , CO 80021 2101‐072‐23‐001 WDL VAIL CONDOMINIUM ASSOCIATION, INC. GRAHAM FRANK POST OFFICE BOX 959, AVON, CO 81620 THE GORE CREEK PLACE HOMEOWNER'S ASSOCIATION 728 W. LIONSHEAD CIRCLE VAIL, CO 81657 LIFTSIDE CONDOMINIUM ASSOCIATION VAIL CASCADE CONDOMINIUMS 1476 WESTHAVEN DR, VAIL, CO 81657 LIFTSIDE, L.L.C. ABPLANALP LAW OFFICE, LLC SUITE 301 521 EAST LIONSHEAD CIRCLE VAIL, CO 81657 CASCADE CLUB ASSOCIATION DON MACLACHLAN 1300 WESTHAVEN DR VAIL, CO 81657 2103‐121‐19‐001 2103‐121‐00‐015 2103‐121‐00‐012 L‐O WESTHAVEN INC THOMSON REUTERS PTS 1125 17TH ST STE 1575 DENVER, CO 80202 XCEL ATTN: RICH SISNEROS PO BOX 1819 SILVERTHORNE, CO 80498 QWEST 591 CENTER CIRCLE PO BOX 739 SILVERTHORNE, CO 80498 Ever Vail (Rev. 12.21.10) 58 12/4/2012 HOLY CROSS 3799 HWY 82 PO BOX 2150 GLENWOOD SPRINGS, CO 81602 UNITED STATES OF AMERICA PO BOX 25127 LAKEWOOD, CO 80225 WHITE RIVER NATIONAL FOREST 900 GRAND AVE. P.O. BOX 948 GLENWOOD SPRINGS CO 81602 VAIL RECREATION DISTRICT 700 S FRONTAGE RD EAST VAIL, CO 81657 EAGLE COUNTY AMBULANCE DISTRICT PO BOX 990 EDWARDS, CO 81632 COMCAST ATTN: TONY HILDRETH PO BOX 679 SILVERTHORNE, CO 80498 EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAIL, CO 81657 CASCADE VILLAGE ASSOCIATION, INC. JULIE GRIMM 1000 S FRONTAGE RD WEST #200 VAIL, CO 81657 CASCADE VILLAGE METROPOLITAN DISTRICT ROBERTSON & MARCHETTI, P.C. 28 SECOND STREET, SUITE 213 EDWARDS, COLORADO 81632 All plans and programming are proposed, remain subject to governmental approvals (which have not yet been obtained) and no representaaons are made about the accuracy of any informaaon for the final project. Any reference to size or square footage is approximate. Views are not guaranteed. All informaaon presented in this notebook is proposed and all elements are subject to change or eliminaaon without noace. The project is working towards LEED‐ND ceraficaaon and no representaaons are made regarding the final ceraficaaon which will not be determined unal the project is complete. The Ever Vail™ project is being developed by Ever Vail, LLC an affiliate of Vail Resorts Development Company. Designated trademarks are the property of Vail Trademarks, Inc. © 2010 Vail Resorts Development Company. Ever Vail (Rev. 12.21.10) 59 12/4/2012 Page 1 PLANNING AND ENVIRONMENTAL COMMISSION January 10, 201 1 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Luke Cartin Michael Kurz Bill Pierce Henry Pratt John Rediker Tyler Schneidman David Viele Site Visits: 1. Lapin Residence – 212 and 232 West Meadow Drive 30 minutes 1. A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to January 24, 2011 MOTION: Kurz SECOND: Rediker VOTE: 5-0-2 (Viele and Cartin recused) Commissioners Kurz and Rediker stated that they were concerned about making a final determination or recommendation for such a complex project without adequate time for review. Commissioner Cartin recused himself as his employer was the applicant and Commissioner Viele recused himself as he had a financial interest in the Glen Lyon Office Building which is to be a part of the project if approved. This applied to agenda items 2, 3, and 4. Warren Campbell requested that the Chairman read into the record the descriptions for items 3 and 4 on the agenda as the three Ever Vail applications to be heard and the Staff presentation would cover all three as they are interconnected with regard to their review. George Ruther made a brief presentation on the process for the review of the Ever Vail project. Warren Campbell made a presentation per the Staff memorandum. He requested that the Commission table the SDD amendment as a need to notify additional individuals was necessary. The Commission tabled this item. 30 minutes 2. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of properties from Arterial Business District to Lionshead Mixed Use 2 District, located at 953 (Vail Professional Building) and 1031 (Cascade Crossing) South Frontage Road West / Unplatted and 12/4/2012 Page 2 a zoning of portions of South Frontage Road West street right-of -way to Lionshead Mixed Use 2 District, located at South Frontage Road West right-of-way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Recommendation of approval with conditions MOTION: Kurz SECOND: Pratt VOTE: 5-0-2 (Viele and Cartin recused) CONDITIONS: 1. Approval of this zone district boundary amendment is contingent upon the applicant obtaining Town of Vail approval of the associated major amendment to a special development district to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village. 2. Approval of this zone district boundary amendment shall only become effective upon recording of the associated Ever Vail Subdivision Final Plat as approved by the Planning and Environmental Commission and the Vail Town Council in accordance with Title 13, Subdivision Regulations, Vail Town Code. Tom Miller, representing Vail Resorts Development Company, introduced the project team. Dominic Mauriello presented a recap of the review that has taken place thus far and the process moving forward. He then went into detail regarding the preliminary plan, rezoning, and the SDD amendment. Specifically, he went over changes to the project since the last presentation. Jim Lamont, Vail Homeowners Association, asked about locations for skier drop off. Dominic Mauriello responded by showing skier drop off in the transit center on site. There are 4 bus bays and 13 skier drop off spaces. He added that there was a DEVO drop off 50 plus short term spaces in the west phase of the project. On a non -Saturday, there will be an abundance of skier drop off. Commissioner Pratt asked if a recommendation could be made if the SDD amendment were to be tabled. Warren Campbell responded yes. 30 minutes 3. A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Recommendation of approval with conditions MOTION: Kurz SECOND: Schneidman VOTE: 5-0-2 (Viele and Cartin recused) CONDITIONS: 1. The applicant shall be required to enter into a subdivider’s agreement with the Town of Vail, which shall detail all elements negotiated between the applicant and the Town prior to the approval of the preliminary plan by the Town Council. 12/4/2012 Page 3 2. This approval for a preliminary plan is contingent upon approval of the associated special development district major amendment application and the adoption of the proposed Lionshead Mixed Use 2 District zoning for the property. 3. The applicant shall submit the final plat for review and approval by January 10, 2012, per Section 13-3-6, Final Plat, Vail Town Code. 12/4/2012 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 24, 2011 SUBJECT: A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, located at 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Ever Vail, LLC, represented by the Mauriello Planning Group, LLC, is requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District (SDD) No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village. The request to remove Development Area D (Glen Lyon Office Building) from SDD No. 4 is necessary to allow the lot to be combined with the former Amoco/BP gas station site, Cascade Crossing, the Vail Professional Building, the Holy Cross Lot, the Vail Resorts Maintenance Yard, and portions of South Frontage Road West right-of-way which is to be abandoned. The assemblage of these sites listed above will permit the applicant to establish two new parcels within a new subdivision, thus creating the Ever Vail development site. Upon review of the applicable elements of the Town’s planning documents and adopted criteria for review, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the request for a major amendment to Special Development District (SDD) No. 4, Cascade Village. Staff’s recommendations are based upon review of the established criteria provided in Sections VIII of this memorandum and the evidence and testimony which was received. II. DESCRIPTION OF THE REQUEST Special Development District Amendment The applicant is requesting a recommendation to the Vail Town Council on a proposed major amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to remove Development Area D, Glen Lyon Office Building (GLOB) from the SDD. The removal of the GLOB property from SDD No. 4 facilitates its incorporation into the proposed Ever Vail development site. 12/4/2012 2 A vicinity map (Attachment A) and a draft amending ordinance are attached for reference (Attachment B). III. BACKGROUND The Vail Resorts Maintenance Shop was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Holy Cross Lot, Vail Professional Building, Cascade Crossing, and former gas station sites were annexed into the Town of Vail by Ordinance No. 26, Series of 1975, which became effective on December 16, 1975. On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the Lionshead Redevelopment Master Plan to include the Vail Professional Building and Cascade Crossing parcels within the Master Plan boundaries and to amend the recommendations for the area known as “West Lionshead”. On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area known as Ever Vail. On September 24, 2007, the Planning and Environmental Commission forwarded a recommended approval of the preliminary plat by a vote of 6-0-0. This application was subsequently withdrawn by the applicant while it was in the Town Council review process. On October 22, 2007, the Planning and Environmental Commission forwarded a recommendation of approval on the proposed rezoning of the two new parcels proposed to be established in the Ever Vail Subdivision by a vote of 5-1-0 (Cleveland opposed). This application was subsequently withdrawn by the applicant while it was in the Town Council review process. On August 11, 2008, the Town of Vail Planning and Environmental Commission voted 4-0-1 (Viele recused) to forward a recommendation of approval of Resolution No. 19, Series of 2008, for the Vail Land Use Plan map amendment to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for the Glen Lyon Office Building site. On September 2, 2008 the Vail Town Council approved Resolution No. 19, Series of 2008, described above. The motion passed 4-3-0, with Foley, Hitt and Rogers dissenting. On December 8, 2008 the Town of Vail Planning and Environmental Commission voted 5-0- 1 (Viele recused) to forward a recommendation of approval to the Vail Town Council for Resolution 26, Series of 2008, which included amendments to the Lionshead Redevelopment Master Plan to incorporate the GLOB within the document. On February 3, 2009 the Vail Town Council adopted Resolution No. 26, Series of 2008, by a vote of 5-1-0 (Foley opposed). On March 22, 2009, the Planning and Environmental Commission approved a partial preliminary plan which established the I-70 right-of-way. This partial preliminary plan was endorsed by the Town Council on April 21, 2009, for submittal to CDOT for review. 12/4/2012 3 On January 10, 2011, the Planning and Environmental Commission unanimously forwarded recommendations of approval to the Vail Town Council for the adoption of the Ever Vail preliminary plan and the zoning of Parcels 1 and 2 of the Ever Vail Subdivision to Lionshead Mixed use 2 District. These recommendations of approval were conditioned upon the recording of the Ever Vail final plat. IV. ROLES OF REVIEWING BOARDS Major Amendment to a Special Development District Planning and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. Town Council: The Town Council takes into consideration the PEC’s recommendation when reviewing an application for a special development district and is responsible for final approval/denial of an SDD. The Town Council shall review the proposal and approve/approve with conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Lionshead Redevelopment Master Plan (in part) Chapter 2 – Introduction (in part) 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base (“live beds” or “warm beds”) through new 12/4/2012 4 lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock-off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Chapter 4 – Recommendations – Overall study Area (in part) 4.1.5 West Lionshead - Residential/ Mixed-Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have “no net loss” of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re-development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year-round 12/4/2012 5 attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town’s employee housing policies and regulations. To the extent possible development patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north-south building orientation may be difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst for a structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. Chapter 5 – Detailed Plan Recommendations (in part) 5.17 West Lionshead West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. 5.17.1 South Frontage Road Improvements and Vehicular Access Planning for West Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4-9a, and 4-9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios, there should be an increase of existing office square footage and “no net loss” of retail square footage as a result of the redevelopment of these parcels. Furthermore, service and delivery for West Lionshead shall occur underground or be hidden from public view. Service and delivery truck turning maneuvers should not negatively impact traffic flow on the South Frontage Road. With a realignment of vehicular access points, attention should be given to the location of service and parking areas. a. Retention of Existing Frontage Road Alignment 12/4/2012 6 If the Frontage Road remains in its current location the Maintenance Yard/Holy Cross parcels, the Vail Professional Building site, and /Cascade Crossing and the Glen Lyon Office Building site all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard/Holy Cross parcels. While other lift locations are feasible, the old gas station site is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard/Holy Cross parcels. A strong east- west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building site and Cascade Crossing could be developed as a contiguous parcel. In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in conjunction with any future redevelopment of the sites. Possible opportunities for improvements may include, an improved mass transit stop, relocated/reduced/shared points of entry/exiting, restricted access points, acceleration/ deceleration lanes, greater sight distances, dedicated turning lanes, landscaped medians and skier drop-off. In the redevelopment of Cascade Crossing and the Glen Lyon Office Building site under the current configuration of the Frontage Road, the bus stops in front of said properties shall be enhanced with, for example, shelters, benches, and landscaping. Pedestrian connections shall be improved from the bus shelters, across the South Frontage Road and to and from the surrounding buildings to provide safe and attractive pedestrian crossing and connections. Improvements may include crosswalks, walkways, pedestrian crossing warning lights, medians, and signage. b. Frontage Road Realignment The greatest benefit of this realignment alternative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard/Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this alternative the most viable site for a public parking facility would still be the Maintenance Yard/Holy Cross parcels. With the re-location of the Frontage Road lift access out of the old gas station site would not require a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parcels. However, a grade separated crossing over the Red Sandstone Creek would be needed to link the Holy Cross site with the Vail Professional Building site. This alternative would also present the opportunity for enhancing Red Sandstone Creek to make it more accessible to the community and an aesthetically pleasing water feature. Enhancements might include; streambank stabilization/ beautification, natural stream drop structures, interactive low flow areas and general improvements for wetlands and wildlife habitat. Any modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east- west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. 12/4/2012 7 In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in conjunction with any future redevelopment of the Frontage Road and interior roads within the redevelopment of the West Lionshead sites. Possible opportunities for improvements may include improved mass transit stops, relocated/reduced/shared points of entry/exiting, restricted access points, acceleration/ deceleration lanes, roundabouts at major intersections, greater sight distances, dedicated turning lanes, landscaped medians and skier drop-off. 5.17.2 Pedestrian and Bike Access As compared to a separate, free-standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connection with the rest of Lionshead. Streetscape improvements including bike lanes or trails and sidewalks should be incorporated in any redevelopment along West Lionshead Circle and the South Frontage Road to improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, trails, seating areas and public art that facilitate safe and attractive pedestrian and bike movement are strongly encouraged. Said improvements may necessitate the need for access easements through the sites. In the redevelopment of West Lionshead, pedestrian and bike connections shall be made to integrate with the rest of Lionshead and Cascade Village. There is an existing recreation path that runs across the southwest corner of the Glen Lyon Office Building site. If the site redevelops the recreation path shall be enhanced to meet town recreational path standards and to provide a safe and attractive pedestrian and bike experience. The improvements shall include a public easement over the path where necessary. 5.17.3 Preservation of Existing Office and Retail Space There shall be an increase in office space and no net loss of retail space in West Lionshead. Opportunities for increasing the square footage of office and retail beyond the existing conditions in West Lionshead shall be evaluated during the development review process. Currently, West Lionshead offices and businesses offer a variety of local services and amenities, which is important to preserve with the redevelopment of West Lionshead. During the winter months, the proposed ski lift in West Lionshead and the associated parking will generate significant pedestrian traffic and activity. However, consideration should be given to how West Lionshead can be an active and vibrant place year-round. One way this can be accomplished is the reinforcement of a well-crafted program of specialty retailers, offices, and restaurants that attract both tourists and local residents. Also, quality architecture and the creation of appealing outdoor spaces in and of itself will encourage people to visit this area. An active program of public art, residential units that are used for “artists in residence” or a culinary school are examples of uses that could create a catalyst for activity. In conjunction with any application to develop a new ski lift, a market study which analyzes the appropriate amount of office/retail square footage shall be included in the redevelopment of West Lionshead. 12/4/2012 8 5.17.4 Relationship to Red Sandstone Creek and Gore Creek Red Sandstone Creek and Gore Creek abut the Glen Lyon Office Building site, former gas station site, Holy Cross site and the Vail Professional Building site. Any redevelopment of these parcels should consider how the creeks can be enhanced and made an amenity of this redevelopment area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. Improved public access and utilization of Gore Creek and Red Sandstone Creek for fishing and other recreational purposes is strongly encouraged to create a catalyst for activity and enjoyment of the streams. 5.17.6 Redevelopment Considerations for Glen Lyon Office Building site Consistent with its location at the western edge of West Lionshead and with respect to the extensive frontage along Gore Creek, it is appropriate to recognize certain development limitations and opportunities regardless of the underlying zone district. 5.17.6.1 Height Building heights shall be consistent with Figure 5-25, West Lionshead Building Massing and Height Limitations. Notwithstanding the height limitations set forth in Figure 5-25, the maximum height for buildings on the Glen Lyon Office Building site shall not exceed 56 feet. 5.17.6.2 Residential Land Use and Density Existing physical improvements on the Glen Lyon Office Building site include a three-story building with 10,829 square feet of general office space and a surface parking lot. Because of the site’s physical location along Gore Creek, it’s accessibility to Lionshead Village, and the adjacent potential redevelopment including a ski-lift and activity center, it may be appropriate to introduce a mix of uses on site. If residential uses are proposed, the use shall be consistent with the Master Plan goal to increase the number of ‘Live Beds’ in Lionshead. Residential density on the site should be studied and proposed in a manner that is compatible with the character and scale of adjacent uses and Gore Creek. Residential uses should be located on the basement or garden level and second floor and above in buildings on-site. If residential uses are proposed on the street level or first floor, the vitality of the pedestrian and bike experience shall be considered along with the function and character of the adjacent uses and structure design. The mixture of land uses on the Glen Lyon Office Building site shall maintain a balance between residential, office/ commercial and recreational uses to serve both the visitor and the permanent resident. 5.17.6.3 Office Land Use Consistent with the Master Plan requirement for an increase of office space, the existing 10,829 square feet of office space shall be replaced and increased on-site. 5.17.6.4 Employee Housing 12/4/2012 9 All (100%) of the employee housing requirements associated with the Glen Lyon Office Building site, as required by the Vail Town Code, shall be met on-site. 5.17.6.5 Landscape Preservation & Relationship to Red Sandstone & Gore Creeks The Glen Lyon Office Building site borders on the Red Sandstone Creek along the east property line and the Gore Creek along the south property line. The redevelopment of the Glen Lyon Office Building site should consider how the creeks can be enhanced and made an amenity of the area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. Improved public access and utilization of Gore Creek and Red Sandstone Creek for fishing and other recreational purposes is strongly encouraged to create a catalyst for activity and enjoyment of the streams. Vail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.5 Commercial strip development of the Valley should be avoided. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 12/4/2012 10 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision-making process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational options to improve year-round tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3. Commercial 3.2 The Village and Lionshead areas the best location for hotels to serve the future needs of destination skiers. 12/4/2012 11 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night-time businesses, on-going events and sanctioned “street happenings” should be encouraged. 4. Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Town of Vail Zoning Regulations Special Development District (in part) 12-9A-1: Purpose And Applicability: 12/4/2012 12 A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12-9A-2: Definitions: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. VI. ZONING ANALYSIS The following is a zoning analysis of the development potential of Parcel 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. Development Area D is proposed to be incorporated into Parcel 2 of the Ever Vail subdivision Legal Description: Parcel 2, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 230,650.2 sq. ft./5.295 acres Development Standard LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 185 DUs, unlimited AUs, FFUs, EHUs GRFA: 476,387.5 sq. ft. (based upon 190,555 sq. ft. buildable site area) Site Coverage: 161,455.1 sq. ft. (70%) Landscaping: 46,130 sq. ft. (20%) Parking Per Chapter 10 of the Zoning Regulations 12/4/2012 13 VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: CDOT ROW None South: Stream Tract Natural Area Preservation District East: Utility/Mixed Use General Use/Lionshead Mixed Use 2 Districts West: Mixed Use SDD No. 4. Cascade Village VIII. SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW CRITERIA The Town Code provides nine design criteria which shall be used in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. This application is somewhat unique in that the applicant is requesting that a portion of an established SDD be removed to become part of a proposed development site separate from the current SDD. Staff has performed a review of these criteria based upon the potential impacts to the remaining SDD as follows: A. Consideration of Factors Regarding Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. As is identified under Section III, Background, of this memorandum the Town’s adopted processes for amending the Vail Land use Plan and the Lionshead Redevelopment Master Plan were followed to lay the framework for the inclusion of the GLOB in the overall planning being undertaken with regard to the proposed Ever Vail project. The inclusion of the GLOB within the Lionshead Redevelopment Master Plan and thus a change in the land use designation acknowledged the influence that the previous expansion of the Lionshead Redevelopment Master Plan boundaries would have on the GLOB site. The recommendations included in the Master Plan imposed development standards to ensure that the desired scale, bulk, and mass that are desired will be achieved. Future development on the GLOB site will be required to comply with Lionshead Redevelopment Master Plan and the proposed Lionshead Mixed Use 2 District. The request to remove Development Area D (GLOB) from SDD No. 4, Cascade Village, will not have any negative effect on the remaining portions of the SDD. SDD No. 4, Cascade Village, was adopted with multiple development areas which resulted in the desired development which include but are not limited to, a hotel, single-family and 12/4/2012 14 duplex residential, multi-family residential, and an office building. Each development area in the SDD was granted specific development potential which was to be used within that area and not to be transferred. If approved, this amendment to SDD No. 4 would only occur in conjunction with the recording of the proposed Ever Vail Subdivision Final Plat. Staff believes the proposed amendments comply with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. As discussed under Criterion A, the Town’s adopted processes for including the GLOB within the Lionshead Redevelopment Master Plan were followed to establish the appropriate development standards to ensure a development outcome on the site which would be compatible, efficient, and workable with the surrounding uses and activities. The inclusion of the GLOB within the Master Plan and now within the proposal for the overall Ever Vail project will result in a comprehensive redevelopment for the western edge of Lionshead. The physical separation of the GLOB site from the remainder of the SDD caused by Gore Creek and steep grades has resulted in the current development on the site being somewhat isolated. Removal of the site from the SDD and inclusion in the proposed Ever Vail project will result in better planning and redevelopment of the site as it will become a part of the whole. Staff believes that the proposal does comply with this criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The application does not include a specific development proposal at this time. All future development proposals will be required to comply fully with the Town’s adopted parking and loading requirements as required under the Major Exterior Alteration review process. Staff believes that the application complies with this criterion at this time. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Amendments already made to the Vail Land Use Plan and the Lionshead Redevelopment Master Plan established the development standards by which redevelopment on the GLOB site will be reviewed. The portion of the Ever Vail Subdivision that is occupied by the GLOB site will have to comply with Section 5.17.6, Redevelopment Considerations for Glen Lyon Office Building Site, Lionshead Redevelopment Master Plan. Within these site specific recommendations and standards a maximum height of 56 feet is permitted on the site, the 10,829 square feet of office space and all required employee housing units are to be replaced on-site. It is anticipated that the specific development application for the Ever Vail project will comply with the recommendations and standards of the Lionshead Redevelopment Master Plan. Staff believes that the application complies with all the goals and objectives of the Vail Comprehensive Plan, specifically the Lionshead Redevelopment Master Plan. 12/4/2012 15 E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Ever Vail development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The application does not include a specific development proposal at this time. Any development proposal will be required to comply with the Town’s adopted site coverage and landscaping requirements and will be reviewed for sensitivity to natural features. Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Removal of Development Area D from SDD No. 4 has no impacts to the entirety of the SDD. Within SDD No. 4 the five development areas were provided specific development potential and land uses. No portion of the development potential in the SDD is linked as to create shared interests. Removal of Development Area D does not result in the loss of any development potential. The application does not include a specific development proposal at this time. All future development proposals will be required to comply fully with the Town’s adopted transit plan recommendations and requirements and Town of Vail comments regarding pedestrian and vehicular circulation. Staff believes the proposal complies with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Removal of Development Area D (GLOB) from SDD No. 4 has no impacts to the entirety of the SDD. Within SDD No. 4 the five development areas were provided specific development potential and land uses. No portion of the development potential in the SDD is linked as to create shared interests. Removal of Development Area D does not result in the loss of any development potential. The application does not include a specific development proposal at this time. All future development proposals will be required to comply with the Town’s adopted site coverage, landscaping requirements. Compliance with the site coverage and landscaping requirements and the review of individual major exterior alteration applications will result in site plan and building designs which are responsive and sensitive to natural features. Town Staff has discussed with the applicant the need to propose amendments to the 12/4/2012 16 Lionshead Redevelopment Master Plan to establish adopted view corridors. Additionally, the intent of the applicant is to enhance the recreation opportunities associated with Red Sandstone Creek and Gore Creek through improvements and the proposed establishment of a conservation easement. Staff believes the proposal complies with this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to remove Development Area D (GLOB) from SDD No. 4, Cascade Village, and therefore this criterion will does not apply. IX. STAFF RECOMMENDATION Special Development District Major Amendment The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, located at 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. Staff’s recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval with conditions of the request for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A- 10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, located at 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission make the following findings: “Based upon the review of the criteria outlined in Section VIII of the January 24, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposal to amend Special Development District No. 4, Cascade 12/4/2012 17 Village, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code; and, 2. The applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan.” Should the Planning and Environmental Commission choose to forward a recommendation of approval of this major amendment to a special development district, the Community Development Department recommends the Commission apply the following conditions: “1. Approval of this major amendment to a special development district is contingent upon the applicant obtaining Town of Vail approval of the associated request to amend the zone district boundaries of the Town of Vail Official Zoning Map to zone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District. 2. Approval of this major amendment to a special development district shall only become effective upon recording of the associated Ever Vail Subdivision Final Plat as approved by the Planning and Environmental Commission and the Vail Town Council in accordance with Title 13, Subdivision Regulations, Vail Town Code.” X. ATTACHMENTS A. Vicinity Map B. Draft Ordinance No. X, Series of 2011 12/4/2012 12/4/2012 1 Ordinance No. X, Series of 2011 ORDINANCE NO. X SERIES OF 2011 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 31, SERIES OF 2007, CASCADE VILLAGE, REMOVINF DEVELOPMENT AREA D FROM SDD NO. 4, IN ACCORDANCE WITH SECTION 12-9A-10, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Resolution No. 19, Series of 2008 changed the land use designation for Development Area D to Lionshead Redevelopment Master Plan in the Vail Land Use Plan; and; WHEREAS, Resolution No. 26, Series of 2008 adopted site specific recommendation for Development Area D within the Lionshead Redevelopment Master Plan, and; WHEREAS, the proposed Ever Vail redevelopment incorporates Development Area D into the overall planning and design for the new base area to Vail Mountain; and; WHEREAS, the Planning and Environmental Commission recommended approval of amendments to SDD No. 4, Cascade Village, on January X, 2011; and; WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town’s development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish the Special Development District No. 4, Cascade Village, with Development Area D, becoming a part of proposed parcels include within the Ever Vail redevelopment. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 12/4/2012 2 Ordinance No. X, Series of 2011 Section 1. Purpose of the Ordinance Ordinance No. 31, Series of 2007, is hereby repealed and re-enacted by Ordinance No. X, Series of 2011. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Special Development District No. 4, resulting in the removal of Development Area D. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose (deletions are shown in strike through/additions are shown in bold) Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 12/4/2012 3 Ordinance No. X, Series of 2011 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 12/4/2012 4 Ordinance No. X, Series of 2011 Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 96.155 acres and Special Development District No. 4 and the 97.955 96.155 acres may be referred to as “SDD No. 4.” B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 97.955 96.155 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses 12/4/2012 5 Ordinance No. X, Series of 2011 A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 12/4/2012 6 Ordinance No. X, Series of 2011 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E.D. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall 12/4/2012 7 Ordinance No. X, Series of 2011 area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E.D. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the 12/4/2012 8 Ordinance No. X, Series of 2011 exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, 12/4/2012 9 Ordinance No. X, Series of 2011 tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12/4/2012 10 Ordinance No. X, Series of 2011 Density--Dwelling Units, The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Vail Town Code. 12/4/2012 11 Ordinance No. X, Series of 2011 D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects Aus DUs GRFA Retail/ Commercial Square Foot On-Site Parking Cascade Structure Parking MILLRACE I 16 20,000 20 0.00 MILLRACE II 14 17,534 25 0.00 MILLRACE IIII 3 6,450 7 MILLRACE IV (COSGRIFF)*** 6 10,450 19 0.00 12/4/2012 12 Ordinance No. X, Series of 2011 Aus DUs GRFA Retail/ Commercial Square Foot On-Site Parking Cascade Structure Parking WESTIN 148 55,457 0.00 115 Alfredo=s 104 Seats Café 74 Seats Little Shop 1,250 Pepi Sports 2,491 W & H Smith, Vaurnot 900 CMC BUILDING Cascade Wing 8 15,870 0.00 16 Clancy=s 1,600 0.00 13.3 Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 Theater/Meeting Room 2J 1,387 0.00 11.5 TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 PLAZA 1 12/4/2012 13 Ordinance No. X, Series of 2011 Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 PLAZA II Conference 0.00 35 Retail 925 0.00 3 CASCADE CLUB Retail 300 0.00 1 Bar & Restaurant 252 0.00 3.5 Office in CMC 828 0.00 3 Wellness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 LIFTSIDE (WATERFORD) Units 27 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4,500 22.5 Plaza Office** 925 .7 12/4/2012 14 Ordinance No. X, Series of 2011 TOTALS 288 AU 76 DU (includes 2 EHUS) 239,680 24,598 129 449.9 **Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. ***For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 in Cascade Parking Structure Parking Spaces 461.9 Less 17.5% Mixed-Use Credit -80.8 Total Required Parking at Build-Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build-Out of Area A With 17.5% mixed-use credit 381.1 Development Plans 12/4/2012 15 Ordinance No. X, Series of 2011 Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 12/4/2012 16 Ordinance No. X, Series of 2011 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 12/4/2012 17 Ordinance No. X, Series of 2011 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: Dwg. # Title Author Date A-1.0 Title Sheet Morter Architects 03-15-05 A-1.1 Vicinity Map Morter Architects 01-31-05 A-1.2 GRFA Summary Morter Architects 03-15-05 A-1.3 Spring Equinox Sun Shading Morter Architects 01-31-05 A-1.4 Summer Solstice Sun Shading Morter Architects 01-31-05 A-1.5 Fall Equinox Sun Shading Morter Architects 01-31-05 A-1.6 Winter Solstice Sun Shading Morter Architects 01-31-05 A-1.7 Site Plan Morter Architects 03-15-05 C001 Cover Sheet Alpine Engineering 03-14-05 C002 Grading Plan (West Half) Alpine Engineering 03-14-05 C003 Grading Plan (East Half) Alpine Engineering 03-14-05 C004 Storm Drainage Plan Alpine Engineering 03-14-05 C005 Grading and Drainage Details Alpine Engineering 03-14-05 C006 Utility Plan Alpine Engineering 03-14-05 C007 Utility Details Alpine Engineering 03-14-05 C008 Demolition Plan Alpine Engineering 03-14-05 L-1 Landscape Plan Dennis Anderson Assoc. 03-15-05 L-2 Landscape Plan – Cascade Club Dennis Anderson Assoc. 03-15-05 12/4/2012 18 Ordinance No. X, Series of 2011 A2.0 Parking Level Plan Morter Architects 03-15-05 A2.1 First Floor Plan Morter Architects 03-15-05 A2.2 Second Level Plan Morter Architects 03-15-05 A2.3 Third Level Plan Morter Architects 03-15-05 A2.4 Fourth Level Plan Morter Architects 03-15-05 A2.5 Roof Plan Morter Architects 03-15-05 A3.1 Building A Elevations Morter Architects 03-15-05 A3.2 Building B Elevations Morter Architects 03-15-05 A4.0 Building Sections Morter Architects 02-14-05 A4.1 Building Sections Morter Architects 02-14-05 A4.2 Building Sections Morter Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets, Dwg. # Title Author Date A-2.20 Second Floor Plan RKD Architects 01-28-07 A-2.30 Third Floor Plan RKD Architects 01-28-07 A-2.40 Fourth Floor Plan RKD Architects 01-28-07 A-2.50 Fifth Floor Plan RKD Architects 01-28-07 A-3.10 East and North Building Elevations RKD Architects 01-28-07 A-3.20 West and South Building Elevations RKD Architects 01-28-07 * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design 12/4/2012 19 Ordinance No. X, Series of 2011 Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Vail Town Code. For single-family Lots 39-1 and 12/4/2012 20 Ordinance No. X, Series of 2011 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 12/4/2012 21 Ordinance No. X, Series of 2011 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. 12/4/2012 22 Ordinance No. X, Series of 2011 Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71% of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking 12/4/2012 23 Ordinance No. X, Series of 2011 structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 12/4/2012 24 Ordinance No. X, Series of 2011 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H.G. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I.H. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J.I. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. 12/4/2012 25 Ordinance No. X, Series of 2011 K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Area D, Glen Lyon Commercial Site. 12/4/2012 26 Ordinance No. X, Series of 2011 The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be 12/4/2012 27 Ordinance No. X, Series of 2011 entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore 12/4/2012 28 Ordinance No. X, Series of 2011 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this X day of January, 2011, and a public hearing for second reading of this Ordinance set for the X day of February, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ____________________ Richard Cleveland, Mayor ATTEST: __________________________ Lorelei Donaldson, Town Clerk 12/4/2012 Page 1 PLANNING AND ENVIRONMENTAL COMMISSION January 24 , 2011 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Luke Cartin Michael Kurz Bill Pierce Henry Pratt John Rediker Tyler Schneidman David Viele SITE VISITS None 30 minutes 1. 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 zo ne district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Approved with conditions MOTION: Pratt SECOND: Schneidman VOTE: 4-0-2 (Cartin and Viele recused) CONDITION(S): 1. Approval of this major amendment to a special development district is contingent upon the applicant obtaining Town of Vail approval of the associated request to amend the zone district boundaries of the Town of Vail Official Zoning Map to zone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District. 2. Approval of this major amendment to a special development district shall only become effective upon recording of the associated Ever Vail Subdivision Final Plat as approved by the Planning and Environmental Commission and the Vail Town Council in accordance with Title 13, Subdivision Regulations, Vail Town Code. Commissioners Viele and Cartin recused themselves on this item. Warren Campbell made a presentation per the Staff memorandum. Commissioner Pierce asked for an overview of the Ever Vail review process. Warren Campbell responded with a summary of the review of the actions taken at the January 10, 2011 public hearing and the actions requested at today’s hearing. Commissioner Rediker asked why the zoning change is necessary. 12/4/2012 Page 2 Warren Campbell responded that the SDD could be amended to allow for the desired outcomes in Ever Vail, however the Lionshead Redevelopment Master Plan (LRMP) and the Vail Land Use Plan were amended to include the Glen Lyon Office Building (GLOB) property within the Plans which results in more comprehensive plan and redevelopment of the site. Dominic Mauriello, representative of the applicant, added that the removal of GLOB from SDD 6 would be in concert with the recommendations of the LRMP. Commissioner Rediker asked if the rezoning would provide additional development potential. Warren Campbell responded that the rezoning would provide additional development potential. He added that the bulk and mass would be restricted on the GLOB by the LRMP. Commissioner Rediker stated his concern about density along Gore Creek. He noted on page 8 of the staff memorandum, the proposed master plan amendments call Gore Creek an amenity, while it should be referred to as a natural resource. He added that there should be mandatory requirements for protecting trees and restoring vegetation along these banks. He further questioned the staff response to Criterion F, which stated there was no specific development proposal at this time. Warren Campbell responded that the major exterior alteration applications have not been submitted for review on the property and once they were that they would be reviewed by the Planning and Environmental Commission. Commissioner Rediker asked why the applications for Ever Vail were being done in a piece meal fashion. George Ruther responded that the applications are being separated in order to allow the mechanisms for review of specific elements to be put into place, including subdivision, rezoning, etc. He added that each application which the Commission has acted upon included conditions tying them all together. Success of one application was dependent on the success of all applications. Commissioner Pratt asked about the height limit on the GLOB property and how it could be codified once it is taken out of the SDD. Warren Campbell responded that height limitations for the property were included in the master plan amendments which will be discussed later in the hearing. 12/4/2012 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 11, 2010 SUBJECT: 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 Areas” designation, and setting forth details in regard thereto. (PEC080065) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Vail Resorts Development Company, represented by the Mauriello Planning Group, LLC, is requesting a final recommendation to the Vail Town Council on a request to for prescribed regulations amendments to the Vail Town Code 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” within the “Commercial Core Areas” designation. The Ever Vail project is the proposed creation of a new portal to Vail Mountain on approximately 12.2 acres comprised of properties currently located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of- way. Upon review of the applicable elements of the Town’s planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval, with a condition of the applicant’s request for prescribed regulation amendments to Section 12 -10-19, Core Areas Identified, Vail Town Code, to the Vail Town Council. A complete summary of our review is provided in Section VII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Resorts Development Company, represented by the Mauriello Planning Group, LLC, has submitted seven development review applications which will be reviewed and acted upon by the Planning and Environmental Commission prior to the conclusion of the review process. Those applications include: • A major subdivision to establish new lot configurations, rights-of-way, easements, etc; • An amendment to Special Development District (SDD) No. 4, Cascade, to remove the GLOB from the SDD; • A rezoning of the parcels created by the major subdivision to Lionshead Mixed Use-2; • An amendment to the Town Zoning Regulations to include the project within the “commercial core area” for calculating parking requirements; 12/4/2012 2 • A variance for site coverage for the below grade structure; • Several conditional use permits to allow for a new gondola, below grade parking structure, and below grade mountain operations service facility; and • A major exterior alteration to allow for multiple structures to be constructed. At today’s hearing the applicant and staff are requesting the Planning and Environmental Commission take action on a request to forward a recommendation to the Vail Town Council with regard to proposed amendments to the prescribed regulations regarding the designation of “commercial core areas” found in Chapter 12-10, Off Street Parking and Loading, Vail Town Code. This request, if approved, would result in the use of the parking requirement schedule for commercial core areas. Within commercial core areas there is a reduction in the required parking for each land use located within a development. The reasoning behind this reduction was the result of a stud y which was performed in 1999 entitled Alternative Parking Ratio Analysis for the Vail Village and Lionshead Core Areas in Vail, Colorado, prepared by Felsburg Holt and Ullveg, the Town’s consultant (Attachment A). The premise of reducing parking requirements in Vail Village and Lionshead was based upon the study’s findings that: • “Higher levels of multi-purpose trip making, where a single vehicle trip is made to complete two or more trip purposes. • The proximity and viability of alternative transportation modes. • Hourly variation in the peak accumulation of parked vehicles between different land uses which tends to reduce the aggregate parking demand of the core area.” Staff has attached to this memorandum a map entitled “Core Area Parking” which depicts the current properties included within the commercial core areas and the properties proposed for inclusion associated with Ever Vail (Attachment B). The applicant has provided documents entitled Commercial Area Parking Requirements (Attachment C) and Circulation (Attachment D) addressing the request to have Ever Vail designated a commercial core area. These documents are to be inserted in the binder of information entitled Ever Vail: Applications for a Major Subdivision, Rezoning, Text Amendment, Conditional Use Permits, Major Exterior Alteration, SDD Amendment & Variance to allow for the redevelopment of the West Lionshead Area which was provided at the December 14, 2009 hearing. Further more the applicant has submitted several revised sheets dated January 4, 2010, for inclusion into the 11”X17” set of drawings dated November 2, 2009, for the proposed Ever Vail project (Attachment E). The previous sheets can be removed and these sheets inserted. In addition to the request for a final recommendation on prescribe zoning regulations amendments the applicant will begin a discussion on surface circulation for both vehicles and pedestrians and potential scenarios for providing a high level of service within the proposed subterranean parking structures. A document entitled Ever Vail Garage Design Review prepared by Carl Walker provides details on how the proposed subterranean parking structures could function to provide a high level of service to its users (Attachment F). III. BACKGROUND On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area now called Ever Vail. 12/4/2012 3 On December 22, 2008, the Planning and Environmental Commission held a public hearing at which the presentation and discussion focused on the proposed design for the Frontage Road realignment. Discussion included the Simba Run underpass, retaining walls, median planter design, etc. On January 7, 2009, the Design Review Board held a public hearing at which the presentation and discussion focused on the proposed design for the Frontage Road realignment. Discussion focused on the retaining walls, bridge verse culvert crossing of the creek, and roadway design. On March 23, 2009, the Planning and Environmental Commission unanimously approved with condition(s) a partial preliminary plan to establish the right-of-way to be allocated for the relocated South Frontage Road adjacent to the interstate. On April 21, 2009, the Town Council endorsed the submittal of the proposed South Frontage Road relocation to the Colorado Department of Transportation by a vote of 3-1-1 (Foley opposed and Gordon abstained). On December 14, 2009, the Planning and Environmental Commission held a hearing to discuss the revised plans submitted on November 4, 2010 and more specifically the proposed parking counts for the project and the number attributed to each land use with not action requested. IV. ROLES OF REVIEWING BOARDS Rezoning/Zone District Boundary Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Vail Town Code 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: 12/4/2012 4 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. 12-3-7: AMENDMENT: (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. F. Planning And Environmental Commission Recommendation: Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. G. Hearing By Town Council: Up on receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing in accordance with subsection 12-3-6B of this chapter. 12/4/2012 5 H. Action By Town Council: Within twenty (20) days of the closing of a public hearing on a proposed amendment, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to amend the regulations of this title or to change zone district boundaries, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance amending the regulations or changing zone district boundaries, or both, the ordinance shall be considered as prescribed by the charter of the town. 12-10-10: PARKING REQUIREMENTS SCHEDULES: Off street parking requirements shall be determined in accordance with the following schedules: A. Schedule A applies to properties within Vail's "commercial core areas" (as defined on the town of Vail core area parking maps I and II, incorporated by reference and available for inspection in the office of the town clerk): Use Parking Requirements Accommodation unit 0.7 space per accommodation unit. Hotels with conference facilities or meeting rooms 0.7 space per accommodation unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms Banks and financial institutions 3.7 spaces per 1,000 square feet of net floor area Dwelling unit 1.4 spaces per dwelling unit Dwelling unit with 1 attached accommodation unit 1.4 spaces per dwelling unit Dwelling unit with more than 1 attached accommodation unit 1.4 spaces per dwelling unit plus 0.7 space for each additional attached accommodation unit Eating and drinking establishments 1.0 space per 250 square feet of seating floor area; minimum of 2 spaces Fractional fee club unit 0.7 space per fractional fee club unit. Hotels with conference 12/4/2012 6 facilities or meeting rooms 0.7 space per fractional fee club unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms Medical and dental offices 2.7 spaces per 1,000 square feet of net floor area Other professional and business offices 2.7 spaces per 1,000 square feet of net floor area Recreational facilities, public or private Parking requirements to be determined by the planning and environmental commission Retail stores, personal services and repair shops 2.3 spaces per 1,000 square feet of net floor area Theaters, meeting rooms, conference facilities 1.0 space per 165 square feet of seating floor area Timeshare units 0.7 space per timeshare unit. Hotels with conference facilities or meeting rooms 0.7 space per timeshare unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms Any use not listed Parking requirements to be determined by the planning and environmental commission B. Schedule B applies to all properties outside Vail's "commercial core areas" (as defined on the town of Vail core area parking maps I and II, incorporated by reference and available for inspection in the office of the town clerk): Use Parking Requirements Accommodation unit 0.4 space per accommodation unit, plus 0.1 space per each 100 square feet of gross residential floor area, with a maximum of 1.0 space per unit Banks and financial 1 space per 200 square feet of net floor area 12/4/2012 7 institutions Eating and drinking establishments 1 space per 120 square feet of seating floor area Fractional fee club unit 0.7 space per fractional fee club unit. Hotels with conference facilities or meeting rooms 0.7 space per fractional fee club unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms Hospitals 1 space per patient bed, plus 1.0 space per 150 square feet of net floor area Limited service lodge unit 0.7 space per limited service lodge unit Medical and dental offices 1 space per 200 square feet of net floor area Multiple-family dwellings If a dwelling unit's gross residential floor area is 500 square feet or less: 1.5 spaces If a dwelling unit's gross residential floor area is more than 500 square feet, but less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more: 2.5 spaces Other professional and business offices 1 space per 250 square feet of net floor area Quick service food/convenience stores 1.0 space per each 200 square feet of net floor area for the first 1,000 square feet of net floor area: 1.0 space per 300 square feet for net floor area above 1,000 square feet 12/4/2012 8 Recreational facilities, public or private Parking requirements to be determined by the planning and environmental commission Retail stores, personal services and repair shops 1 space per each 300 square feet of net floor area Single-family and two- family dwellings If a dwelling unit's gross residential floor area is less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more, but less than 4,000 square feet: 3 spaces If a dwelling unit's gross residential floor area is 4,000 square feet or more, but less than 5,500 square feet: 4 spaces If a dwelling unit's gross residential floor area is 5,500 square feet or more: 5 spaces Theaters, meeting rooms, convention facilities 1 space per 120 square feet of seating floor area Timeshare units 0.7 space per timeshare unit. Hotels with conference facilities or meeting rooms 0.7 space per timeshare unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms Any use not listed Parking requirements to be determined by the planning and environmental commission VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: CDOT ROW None South: Open Space Natural Area Preservation District East: Mixed Use Lionshead Mixed Use - 1 West: Mixed Use SDD No. 4, Cascade Village 12/4/2012 9 VII. CRITERIA AND FINDINGS The Vail Town Code prescribes the process, criteria, and findings for reviewing a proposed prescribed regulations amendment. In reviewing an application of this type the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The eleven (11) specific purposes of the Vail Town Code are included in Section V of this memorandum. The proposal to amend the core area parking maps to include the proposed Ever Vail project specifically addresses purposes 3, 4, 5, and 6. In 1999 the Town identified that the provision of required parking in both Vail Village and Lionshead was unique from other areas in the community and that the existing regulations may not be applicable. Through the analysis performed by Felsburg, Holt, and Ulveg, the Town’s transit consultants, it was determined that several factors such as mixed use development, proximity and frequency to mass transit, and differing peak times for various land uses resulted in synergies for the demand of parking spaces. After careful review by the Planning and Environmental Commission and the Town Council it was determined that Vail Village and Lionshead should be include within a commercial core designation which would have a different required parking schedule. This result promoted the specific purposes of the Vail Town Code by addressing the need to provide for efficient pedestrian and vehicular traffic circulation and lessening of congestion by appropriately locating off street parking and loading facilities. The adoption of a commercial core area parking requirement also addressed the need to maintain and establish workable relationships among land uses. (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 elements of the Vail comprehensive plan that staff believes apply to this request are the Lionshead Redevelopment Master Plan and the Vail Transportation Master Plan. These documents highlight the importance of parking, transit, and vehicular movement. Within the proposed Ever Vail project there are several aspects which address parking, transit, and vehicular movement to avoid conflicts. Furthermore, these aspects will work in concert with the proposal for a new gondola to support an approximately 12.2 acre new village portal. The aspects of Ever Vail which will work in concert with the proposed new village portal are similar to those found in both Vail Village and Lionshead. The Ever Vail project is proposed to include an enclosed four bus bay and 15 skier drop-off space facility, subsurface parking of 1,551 spaces of which 400 spaces will solely address skier parking demand, and a location for shuttle drop within a distance of approximately 500 to 900 feet of the gondola. Furthermore, the project includes a mix of various land uses including approximately 66,900 square feet of commercial, 33,600 square feet of office, 406 dwelling units, and 120 hotel rooms. These land uses will lend themselves to single trip multiple stop vehicular motions. Mass transit within Ever Vail is proposed to be addressed in several ways. Within the enclosed transit facility there are four bus bays to serve the Town’s Green and Red outlying routes and Eagle County Transit buses. In addition to this facility it is proposed that the in-town bus route will have a pull out for two buses at the easternmost termination of Market Street in the proximity of the proposed grocery store. It is also anticipated that as the design for Market 12/4/2012 10 Street progresses, elements will be incorporated to facilitate the staging of additional buses on Market Street if needed for peak times. It is anticipated that the frequency of bus service will be as it exists throughout Town today. As the length of the in -town route expands it will cause the need for additional buses to maintain today’s service standards of frequency. (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 Since the establishment of the commercial core area parking requirements in 2000 there have been several changes in conditions. Those changes include amendments to the Lionshead Redevelopment Master Plan to incorporate several additional properties into the extents of the Master Plan and the creation of specific recommendations for those properties. In general those amendments provided for the establishment of a new lift to the mountain, an associated approximately 400 space public parking facility, employee housing, and other mixed use development. The Master Plan amendments began to lay the ground work for the establishment of a new portal onto the mountain. Subsequent to these amendments the applicant has been continuing to develop plans and submitting applications to facilitate the creation of a new portal and associated village. If Ever Vail were to be approved it would indeed be of comparable land area (commercial cores) and land use composition to Vail Village and Lionshead. Therefore, if Ever Vail were to be approved staff believes the same premises by which Vail Village and Lionshead where placed within the commercial core areas would apply to a new portal exhibiting significant similarities with regard to vehicular needs and usage. (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and For many of the reasons stated in the responses for the previous criteria staff believes that the placement of the proposed Ever Vail portal within the commercial core parking area maps results in a convenient and more workable relationship among land use regulations. As described it is anticipated that Ever Vail will function in many ways like Vail Village and Lionshead and therefore the regulation of Ever Vail should be similar. There are two specific areas which staff believes needs to have continued focus and effort to provide greater support for inclusion within the commercial core parking areas map. As the project continues to advance through the process and evolve, the pedestrian connection from the west side of Lionshead to Ever Vail along West Lionshead Circle will be scrutinized by staff to design and develop the strongest functional connection that can be established. This pedestrian link is critical to the success of both Lionshead and Ever Vail. The situation that staff is wanting to address are the barriers that we are consistently trying to resolve along Meadow Drive from Vail Village to Lionshead. In addition, the second area of focus and scrutiny will be the provision of transit option, numbers, and locations. The project currently contains provisions for skier drop-off, buses, hotel shuttles, private vehicles, loading and delivery, etc. Moving forward as the project is further refined and understood the aspects of transit discussed previously will continually need to be reexamined for their function, number, and location. 12/4/2012 11 (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with a condition, 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 Areas” designation, and setting forth details in regard thereto. Staff’s recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with a condition, of the applicants’ request, staff recommends that the following condition be made as part of the motion: 1) That this recommendation for the inclusion of Ever Vail within the commercial core area parking map is contingent upon the approval of the remaining applications which will cause the project to receive its full entitlements. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with a condition, of the applicants’ request, staff recommends that the following findings be made as part of the motion: 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. IX. ATTACHMENTS A. Staff memorandum dated April 10, 2000, and associated attachments regarding the creation of the “commercial core” parking standards. B. Core Area Parking map dated December 31, 2009 C. Core Area Parking Requirements memorandum dated January 11, 2010 D. Circulation memorandum dated January 11, 2010 E. Revised plan sheets dated January 4, 2010 F. Ever Vail Garage Design Review prepared by Carl Walker dated January 4, 2010 12/4/2012 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development DATE: April 10,2000 SUBJECT: A request for a final review of the Town of Vail's Core Area Parking Analysis and proposed amendments to Chapter 12-10, Town of Vail Code. Planner: Applicant: Brent Wilson Town of Vail I. BACKGROUND AND DESCRIPTION OF THE REQUEST PEe Update: On March 27th , the PEC conceptually reviewed the proposed amendments to the Town's parking regulations and directed staff to pursue the following changes to the parking requirements schedule: • • A change in restaurant parking calculation from ~number of seats" to "seating floor area." This way, restaurants would not be discouraged from providing large waiting or lobby areas. Staff believes the amount of kitchen area and staff a restaurant contains/employs is commensurate with the size of its seating area. Therefore, we believe "seating floor area" to be a simple, effective technique for calculating restaurant parking. Additionally, staff is recommending a "minimum parking space" requirement to cover restaurants that may not have any seating floor area (Le. Taco Bell Express). The recommended parking requirement for restaurants has been amended to reflect the PEC's requests. • A change in meeting room/conference space parking from "number of seats" to "seating ffoor area." The parking requirement has not changed since the last PEG meeting, but the method of calculation has been changed to "seating floor area" to remain consistent with the other uses identified In the Off-Street Parking and Loading code. • The PEC directed staff to pursue increasing the parking requirement for residential condominiums within the core areas. PEe proposed maintaining a parking requirement of 2 spaces/unit for each condo. This is our current parking requirement for units between 500-1.999 square feet. This represents a 30% increase over the consultant's recommendation for units within the commercial cores. ~.....-,... . • Attachment A History of the proposal During the summer of 1999, the Town hired the firm of Felsburg, Holt & Ullevig to conduct an in-depth analysis of parking generation in Vail's commercial core areas. The • primary purpose of the study was to detennine the influence of external factors (mixed uses, transiUpedestrian trips. hourly variations in business activity) on parking generation. Currently, the Town's parking regulations do not account for these factors and assess parking requirements strictly by land use type and square footage. Given the inability of many properties in Vail Village and Uonshead to provide on-site parking and the Town's $17,917 per space parking pay-in-lieu fee, staff realized a need to produce a more realistic assessment of parking generation in these areas. Over the past few months, the consultant examined data involving a number of factors influencing parking generation in Vail. Skier visits. parking structure transactions, land uses per square foot, parking turnover ratios (length of stay), and traffic (automobile, transit and pedestrian) counts were referenced and incorporated into a model. This model was used to determine a more accurate assessment of parking generation In the Town's commercial core areas. The consultant's recommendations are outlined in Section IV of this memorandum. It is important to note these recommendations are applicable only to those properties that exhibit the characteristics outlined above (mixed uses, transit/pedestrian hips, hourly variations in business actiVity). Many areas of Vail (outside Vail Village and Uonshead) do not exhibit these characteristics and it would be inappropriate to apply these same rates at other locations. A copy of the consultant's study and findings has been included in your packet for reference. n. ROLES OF THE REVIEWING BOARDS •Planning and Environmental Commission: Action: The PEG is advisory to the Town CounCil. The PEC shall review the proposal for and make a recommendatJon to the Town Council on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning and Subdivision Regulations. Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council: Action: The Town Council is responsible for final approvaUdenial on code amendments. The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Page2of5 F:\EVER'YONE\PEC\MEMOS\OO\PRKGGEN3.DOC 12/4/2012 • Design Review Board: Action: The ORB has NO review authority on code amendments. III. STAFF RECOMMENDATION Staff recommends that the Planning and Environmental Commission recommend approval of the proposed code amendments to the Vail Town Council, pursuant to the following findings: 1. That the proposed code amendments further the development objectives of the Town of Vail. 2. That the proposed amendments are in keeping with the purpose and intent of the Vail Land Use Plan and all other applicable master planning documents. 3. That the health, safety. welfare and interests of the community are being met by the adoption and implementation of the proposed code amendments. IV. FINDINGS The followifl9 table is a summary of the consultant's and the PEe's recommended parking rates for specific uses within the Town's commercial core areas. A comparison between the Town's current rates and the consultant's recommended rates is listed and reductions/additions to parking ratios are listed where applicable. • Table 2.1-Current and Suggested Parking Rates (Commercial Core Areas Only) Assumes an average unit size of 500~1.999 square feet. Currently includes timeshares and FFU's. Assumes an accommodation unit size of at least 600 square feet. Current requirement is 0.4 spaces/unit, plus 0.1 spaceleach 100 square feet ofGRFA, with a max.of 1.0 spacelunit. For parking purposes, timeshareslFFU's will be considered as AU's. Involves a change in calculation from "net floor area"to "gross floor area. " Land Use Current Requirement Consultant's PEe's Suggested Suggested Requirement Requirement Residential* 2.0+ spaces/unit 1.4 spaces/unit 2.0 spaces/unit Hotel** 1.0 spaces/unit 0.7 spaces/unit 0.7 spaces/unit ~. . Conference Facility 1 space / 8 seats 1 space /11 seats 1 space / 165 sq. ft. seating floor area General Retail"'** 3.33 spaces / KSF 2.3 spaces (KSF 2 spaces / KSF , . Office"""· 4 spaces / KSF 2.7 spaces / KSF 4 spaces / KSF Restaurant 1 space / 8 seats 1 space /12 seats 1 space I 250 sq. ft seating floor area; min. of 2 spaces....*.. Bank/Finance*"" 5 spaces / KSF 3.7 spaces / KSF 3.7 spaces / KSF * ** *** • lnvo/ves a change from space/number of seats to space/seating floor area "KSF" =1,000 square feet Page 301'5 F:i£VERYON8PF.C\.ME:'vIOS\OO\PRKGGlo"'N3.DOC I 12/4/2012 For Example •For a point of reference, a recently constructed project (the VaH Village Club) is shown based on existing and the consultant's proposed parking schedule applicability. Required Parking for 1997 Vail Village Club Proposal Retail = 3,594 sq. ft. :: 11.98 parking spaces Office = 94 sq. ft. = 0.38 parking spaces Restaurant/Club = 5,717 sq. ft. (381 seats) :: 47.64 parking spaces Total = 60.00 parking spaces -27 (grandfathered spaces)* Grand Total :: 33.00 parking spaces pay-in-lieu Hypothetical Required Parking for Vail Village Club Under Consultant's Proposed Parking Standards Retail =: 3,594 sq. ft. = 8.26 parking spaces Office = 94 sq. ft. = 0.25 parking spaces Restaurant/Club = 5,717 sq. ft. (381 seats) 31.75 parking spaces :: Total = 40.26 parking spaces -27 (grandfathered spaces )* Grand Total :: 13.26 parking spaces pay-in-Iieu This represents a difference of 19.74 pay-in-Iieu spaces or $353,680.79 (based on current pay in-lieu rates). • Parking Availability Table 2.2 -Parking Availability by Location Locationrrype #01 Spaces Percent of Total Private lionshead Spaces 995 21% Public lionshead Spaces 1,300 28% Private Vail Village Spaces 1228 26% Public Vail Village Spaces 1200 25% Total Available Spaces 4,723 100% About 47% of the available parking in Vail Village and Lionshead is supplied privately. The vast majority of these privately-held spaces are devoted to residential uses. Page 40fS F:\EVER YONE\PEC\MEMOS\OO\PRKGGENJ.DOC 12/4/2012 a,. DISCUSSION ITEMS Overall, the consultant's recommended parking rates represent a 31% reduction in the amount of required parking for private uses in Vail Village and Lionshead compared to our current regulations. Table 3.1 -Current versus Proposed Parking Requirements ~.;': .". Land Use Quantity Current Requirement Recommended Requirement Residential Units 2,148 units 3,222 2,235 Retail 151,475 sf 504 351 Restaurant 82,127 sf 257 180. Office 45,000 sf 180 125 Bank 2,460 sf 12 ....__.9 _.. ITotal Required Spaces 4,175 2,900 • As depicted in Table 2.2, there are about 4,723 total parking spaces in Vail Village and Lionshead. It is important to note, however, that a large percentage of these spaces (47%) are privately-held and devoted primarily to private residential uses. There are only about 2,500 public parking spaces in the core areas to serve day skiers and their associated trips -with another 250 spaces outside the core areas at Ford Park. Any vacant private parking spaces are assumed to be unavailable for public day skier parking. t'" Pa&C50f5 F:\EVER YON~\PEC\MEMOSiOO\PRKGG£N3. DOC 4 12/4/2012 APPENDIX "Au CHAPTER 10 • OFF-STREET PARKING AND LOADING SECTION: Added text is shown in bold and underHned type; deleted text is shown in stricken type 12-10-1: Purpose 12-10-2: Applicability 12-10-3: Existing Facilities 12-10-4: Additions Or Changes 12-10-5: Construction And Maintenance 12-10-6: Parking; Off-Site And Joint Facilities 12-10-7: Standards; Authority To Adjust 12-10-8: Parking Standards 12-10-9: Loading Standards 12-10-10: Parking Requirements Schedule 12-10-11: Parking Schedule Applicability 12-10-12: Credit For Multiple Use Parking Facilities 12-10-13: Loading Requirements Schedule 12-10-14: Loading Schedule Applicability • 12-10-15: Credit For Multiple-Use Loading Facilities 12-10-16: Exempt Areas; Parking Fund Established 12-10-17: Leasing Of Parking Spaces 12-10-18: Variances 12-10-1: PURPOSE: In order to alleviate progressively or to prevent traffic congestion and shortage of on-street parking areas, off-street parking and loading facilities shall be provided incidental to new structures, enlargements of eXisting structures or a conversion to a new use which requires additional parking under th~ Chapter. The llUIllbw'of ~iPaces and loading berths prescribed in this Chapter shall be in proportion to the need for such facilities created by the particular type of use. Off-street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their usefUlness, protect the pUblic safety, and, where 12/4/2012 • appropriate, insulate surrounding land uses from their impact. In certain districts, all or a portion of the parking spaces prescribed by this Chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or exposed parking and of separate garage or carport structures. (Ord. 26(1982) § 1: Ord. 19(1976) § 12: Ord. 8(1973) § 14.100). 12-10-2: APPLICABILITY: Off-street parking and loading space shall be provided for any new building, for any addition or enlargement of an existing bUilding or for any conversion of uses which requires additional parking under this Chapter. (Ord. 26(1982) § 2: Ord. 19(1976) § 12: Ord. 8(1973) § 14.200). 12-10-3: EXISTING FACILITIES: • Off-street parking and loading facilities used for off-street parking and loading on the effective date hereof shall not be reduced in capacity to less than the number of spaces prescribed in this Chapter, or reduced in area or number to less than the minimum standards prescribed in this Chapter. (Ord. 26(1982) § 3: Ord. 19(1976) § 12: Ord. 8(1973) § 14.201). 12-10-4: ADDITIONS OR CHANGES= For additions or enlargements of any existing building or change of use that would increase the total number of parking spaces required, the additional parking shall be required only for such addition, enlargement or change and not for the entire building or use. (Ord. 19(1976) § 12: Ord. 8(1973) § 14.202) 12-10-5: CONSTRUCTION AND MAINTENANCE: All off-street parking and loading facilities required by this Chapter shall be constructed and maintained in accordance with the minimum standards for such facilities prescribed by this 12/4/2012 Chapter, and shall be maintained free of accumulated snow or other materials preventing full •use and occupancy of the facilities in accordance with the intent of this Chapter, except for temporary periods of short duration in event of heavy or unusual snowfall. (Ord. 8(1973) § 14.300) 12-10-6: PARKING; OFF-SITE AND JOINT FACILITIES: All parking and loading facilities required by this Chapter shall be located on the same site as the use for which they are required. provided that the Town Council may permit off-site or jointly used parking facilities if located within three hundred feet (300') of the use served. Authority to permit off-site or joint parking facilities shall not extend to parking spaces required by this Title to be located within the main building on a site, but may extend to parking spaces permitted to be unenclosed. Prior to permitting off-site or joint parking facilities, the Council shall determine that the proposed location of the parking facilities and the prospective operation and maintenance of • the facilities will fulfill the purposes of this Chapter, will be as useable and convenient as parking facilities located on the site of the use, and will not cause traffic cpngestion or an unsightly concentration of parked cars. The Council may require such legal instruments as it deems necessary to ensure unified operation and control of joint parking facilities or to ensure the continuation of such facilities. including evidence of ownership. long-term lease, or easement. (Ord. 8(1973) § 14.400) 12-10-7: STANDARDS; AUTHORITY TO ADJUST: Parking standards shall be those provided in Title 14, Development Standards. The standards set out in Title 14 shall govern the design and construction of all off-street parking and loading facilities, whether required by this Chapter or provided in addition to the requirements of this Chapter. Minor adjustments of the dimensions prescribed in this Chapter may be authorized by 12/4/2012 • the Administrator if consistent with generally recognized design standards for off~street parking and loading facilities. (Ord. 8(1973) § 14.500) 12-10-9: LOADING STANDARDS: Standards for off-street loading shall be as follows: A. Location~ All off-street loading berths shall be located on the same lot as the use selVed, ',',: . ..~",,; .' but not in the required front setback. Off-street loading berths shall be provided in addition to required off-street parking and shall not be located within accessways. B. Size: Each required loading berth shall be not less than twelve feet wide, twenty five feet long, and if enclosed and/or covered, fourteen feet high (12' x 25' x 14'). Adequate turning and maneuvering space shall be provided within the lot lines. • c. Access: Accessways not less than ten feet (10') or more than twenty feet (20') in width shall connect all loading berths to a street or alley. Such accessways may coincide with accessways to parking facilities. (Ord. 26(1982) § 5: Ord. 8(1973) § 14.502) 12-10-10: PARKING REQUIREMENTS SCHEDULE: Off-street parking requirements shall be determined in accordance with the following schedule: 12/4/2012 A. The following schedule applies to properties within Vail's ~Commercial Core Areas" (as defined on the Town of Vail Commercial Core Area Parking Zones Map, incorporated by •reference ). • B. The following schedule will apply to properties outside Vail's "Commercial Core Areas~ (as defined on the Town of Vail Commercial Core Area Parking Zones Map, incorporated by reference): • Use Parking Requirement Dwelling Unit If gross residential floor area is 500 square feet or less: 1.5 spaces per unit If gross residential floor area is over 500 square feet up 2 spaces per dwelling unit; to 2,000 square feet: If gross residential floor area is 2,000 square feet or 2.5 spaces per dwelling unit more per dwelling unit: Accommodation Unit 0.4 space per accommodation unit, plus 0.1 space per each 100 square feet of gross residential floor area, with a maximum of 1.0 1 space per unit Banks and Financial Institutions 1 space per 200 gross square feet Eating and Drinking Establishments 1 space per 8 seats Hospitals 1 space per patient bed, plus 1 space per 150 square feet of gross floor area Medical and Dental Offices 1 space per 200 gross square feet Other Professional and Business Offices 1 space per 250 gross square feet Quick-5ervice Food I Convenience Stores 1.0 space per each 200 square feet of gross floor area for the first 1,000 square feet of gross floor area: 1.0 space per 300 square feet for gross floor area above 1,000 square feet ;Recreational Facilities, Public or Private Parking requirements to be determined by the Planning and Environmental Commission -Athletic/Gym 4.5 spaces per 1,000 gross square feet General Retail Stores, Personal Services and Repair 1 space per 300 gross square feet Shops -Furniture Store 1.5 spaces per 1,000 gross square feet -Art Gallery i 1.5 spaces per 1,000 gross square feet -Grocery Store , 3.5 spaces per 1,000 gross square feet ;, Gas Station" 1 space per pump -with automotive service 1 space per pump + 3 spaces per bay -with sit down dining 1 space per pump + 1 space per 8 seats Theaters, Meeting Rooms, Convention Facilities 1.0 space per 8 seats Any Use Not Listed Parking requirements to be determined by the Planning and Environmental Commission *T ota! vehicle storage on site may not exceed 150% of the minimum required parking. • 12/4/2012 For the purposes of calcu,lating parking requirements, timeshare units. fractional fee •units. and ether forms of interval ownership units are considered "accommodation units." (Ord. 26(1982) § 6: Ord. 8(1973) § 14.601). ~2-1 0-11: PARKING SCHEDULE APPLICABILITY: Where fractional requirements result from application of the schedule, the fraction shall be raised to the next whole number. (Ord. 50(1978) § 10) 12·10-12: CREDIT FOR MULTIPLE USE PARKING FACILITIES: A. Applicability: This schedule will apply to those properties which lie outside the Town's commercial core (as defined on the Town of Vail Commercial Core Area Parking Zones Map, incorporated by reference). The credit for multiple uses is not available to those properties utilizing the core area parking schedule." •B. Multiple Use Credit Schedule: Where a single parking facility serves more than one use, the total parking requirement for all uses may be reduced in accordance with the following schedule: Total Requirement Permitted Reduction Determined Per To Determine Multiple Section 12-10-10 Use Parking Requirement 1 to 100 spaces No reduction 101 to 200 spaces 2.5 percent 201 to 300 spaces 5.0 percent 301 to 400 spaces 7.5 percent 401 to 500 spaces 10.0 percent 501 to 600 spaces 12.5 percent 601 to 700 spaces 15.0 percent 701 to 800 spaces 17.5 percent • 12/4/2012 • 801 to 900 spaces 20.0 percent 901 to 1,000 spaces 22.5 percent Over 1,000 spaces 25.0 percent (Ord. 8(1973) § 14.603) 12-10-13: LOADING REQUIREMENTS SCHEDULE: Off-street loading requirements shall be determined in accordance with the following schedule Lodges with over 10,000 square feet tolal floor area, including accessory uses within the lodge Multiple-family dwellings with over 20,000 square feet gross residential floor area Professional and business offices, banks, and financial institutions with over 10,000 square feet total floor area Retail stores, personal services, repair shops, eating and drinking establishments and all other commercial or service uses with over 2,000 square feet total floor area Any use listed as a conditional use Any use not fisted, if such use required the recurring receipt or distribution of goods or equipment by truck (Ord. 8(1973) § 14.701) • Loading Requirement One loading berth for uses up to 75,000 square feet total area, plus one additional berth for each 25,000 square feet total floor area in excess of 75,000 square feet One loading berth for uses up to 100,000 square feet gross residential floor area, plus one additional berth for each 50,000 square feet gross residential floor area in excess of 100,000 square feet One loading berth One loading berth for uses up to 10,000 square feet total floor area, piUs one additional berth for each 5,000 square feet total floor area in excess of 10,000 square feet Loading facilities requirement to be determined by the Town Council as a condition of the conditional use permit, but not less than the comparable requirement prescribed above One loading berth, plus additional berths prescribed by the Town Council upon detennination of need 12/4/2012 12-10-14: LOADING SCHEDULE APPLICABILITY: •Where fractional requirements result from application of the schedule, the fraction shall be raised to the next whole number. (Ord. 50( 1978) § 10) 12-10-15: CREDIT FOR MULTIPLE-USE LOADING FACILlTIES: Where a single off-street loading facility serves more than one use, the number of off-street loading berths may be reduced in accordance with the following schedule: Total Requirement Reduced Determined Per Requirement With Section 12-10-13 MUltiple _Use 1 berth 1 berth 2 berths 1 berth • ..3 berths 2 berths " '=":--: ," 4 berths 2 berths 5 berths 3 berths 6 berths 3 berths 7 berths 4 berths 8 berths 4 berths 9 or more berths 5 berths (Ord. 8(1973) § 14.703} 12-10·16: EXEMPT AREAS: PARKING FUND ESTABLISHED -PLEASE REFER TO APPENDIX "A" ON THE "PARKING PAY-IN-L1EU" MEMO. NO OTHER CHANGES ARE PROPOSED FOR THIS CODE SECTION. ~, ,-. 12-10-17: LEASING OF PARKING SPACES: A. Generar. No owner, occupant or building manager, or their respective agent or representative, shall lease, rent, conveyor restrict the use of any parking space, spaces or area to any person other than a tenant, occupant or user of the building for which the • 12/4/2012 I space, spaces or area are required to be provided by the zoning ordinances or regulations of the Town except as may be specifically provided in this Section. B. Lease Qualifications; Application To Lease: A parking space, spaces or areas may be leased by the owner, occupant or bUilding manager thereof in accordance with the following: 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, Public Accommodations, Uonshead 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. • 2. Application shall be made on a form provided by the Administrator and upon approval of the application by the Administrator a leasing permit shall be issued with or without condition as determined by the Administrator. If the Town staff determines that the lease proposal results in a visual impact to surrounding streets or property, the Administrator may condition the approval with a requirement that the applicant install landscaping on the site to improve the .., visual appearance of the parking area. If said private parking spaces are located ~'.~~' on the common area or grounds of any condominium project, written approval of the condominium association (if any) will be required on this application. 3. The Administrator may request that an applicant conduct a parking utilization study to determine the difference between the average capacity of the lot and the peak day utilization, and such other information as may be necessary for the proper consideration of the application. 4. The proposed lease agreement shall be for the period of not less than one month nor greater than twelve (12) months. When requested, the Administrator 12/4/2012 may extend the lease agreement for an additional twelve (12) months so long as •the conditions relating to the parking spaces have not significantly changed. ,o..ny applicant wishing for an extension to an established lease agreement, must submit an application to the Administrator no later than two (2) weeks prior to the termination of the existing approval. 5. No applicant shall be permitted to lease more than sixty percent (60%) of the parking spaces which is the difference between the average capacity of the lot and the peak day utilization as determined by the Administrator. 6. No applicant who is operating a private parking area charging an hourly fee on the effective date hereof shall be eligible for approval of his or her application. 7. Parking required for any use in accordance with this Title may not be satisfied by 8. the leasing of space from another person under the provisions of this Section. It shall be the responsibility of the owner, occupant or building manager who has leased spaces to others to provide adequate and proper signs therefor and to • see that the leased spaces are used and occupied in accordance with the lease agreement. 9. leasing shall be permitted for short-term parking only, and shall be prohibited for long-tenn storage of vehicles by individuals or companies. 10. Car rental agencies may lease parking spaces only in the CC3 Zone District, and shall be limited to a maximum of fifteen (15) parking spaces per site. Each site may be allowed a maximum of one lease for a car rental agency. (Ord. 3(1999) § 5: Ord. 47(1991) § 1: Ord. 31(1985) § 1: Ord. 34(1977) § 1) >. 12-10-18: VARIANCES: 12/4/2012 • 44-). Variances from the provisions of this chapter shall follow the procedures set forth in Title 12, Chapter 17 of this Code . • • 12/4/2012 • ALTERNATIVE PARKING RATIO ANALYSIS FOR THE VAil VILLAGE AND L10NSHEAD CORE AREAS IN VAIL, COLORADO Prepared for: • Town of Vail 75 South Frontage Road Vail, Colorado 81657 Prepared by: Felsburg Holt & Ullevig Greenwood Corporate Plaza 7951 E. Maplewood Ave. Ste. 200 Englewood, Colorado 80i 11 (303) 721-1440 Engineer: Chades M. Buck, P.E. Principal: Arnold J. Ullevig, P.E. November, 1999 FHU Reference No. 99-137 . ~ .. ' .. ~ '. • 12/4/2012 TABLE OF CONTENTS EXECUTIVE SUMMARY I. INTRODUCTION 1 A. Background ...........................•................. 1 B. Study Purpose '.' 1 II. EXISTING CONDITIONS 4 fS... Parking Characteristics ...................................•. 4 B. Land Use ..........................................•... 6 If\. PARKING STANDARDS 10 ADDENDUM • ." . • 12/4/2012 ";"0 •••. LIST OF FIGURES . 1. Vicinity rVlap 2 2. Parking Transactions by Month; Vail Transportation Center & Lionshead Structures 5 3. Vail Village Core Area 7 4. Lionshead Core Area 8 " ..~ LIST OF TABLES 1. Parking Transactions by Month 4 2. Parking by Length of Stay 6 3. Existing Land Uses -Vail Village And Lionshead ...............•........ 6 4. Parking Rates 10 5. Recommended Core Area Parking Rates 11 6. Calculated Parking Requirements -Vail Village and Lionshead 12 • ....... 12/4/2012 EXECUTIVE SUMMARY Currently, the Town of Vail requires new development or redevelopment to provide for parking based on requirements contained in the Town's standards. The concern has been expressed that. due to the mix of uses and medal split characteristics. these standards may not be • applicable within the Vail Village and Lionshead core areas. Typically, such combined land uses result in reduced demand for parking, based on: • Higher levels of multi-purpose trip making, where a single vehicle trip IS made to complete two or more trip purposes. • The proximity and viability of alternative transportation modes. • Hourly variations in the peak accumulation of parked vehicles between different land uses which tends to reduce the aggregate parking demand of the core area. The following report documents the analytical process used to develop alternative parking generation rates specific to the Vail Village and Uonshead core areas. The analyses utilized 1998/1999 ski season data provided by the Town, including daily skier activity, parking transactions at both VTC and Lionshead parking structures, and existing land uses within the Vail Village and Uonshead core areas. The above data were supplemented with available information from the Institute of Transportation Engineers (lTE) and the Urban Land Instftute (UU) on shared parking for mixed;;"" use developments, A comparative evaluation with previous transportation engineering efforts in other Colorado resort towns was also utilized. • The resultant parking rates, documented below, are intended to be applied only to development occurring within the Vail Village and Lionshead core areas; the use of these rates in outlying areas would underestimate potential parking demands and could exacerbate any existing parking shortages. Recommended Core Area Parking Rates land Use Parking Rate Residential 1 .4 spaces per Dwellmg Unit Hotel' I0.7 spaces per Accommodation Unit Hotel with Convention Facilities I0. 7 spaces per Accommodation Unit, plus 1,0 space per 11 Seats devoted to meeting/lecture seating i General Retail I 2.3 spaces per 1.000 Square Feet Office 2.7 spaces per 1,000 Square Feet Restaurant I 1.0 space per 12 Seats Bank/Finance 3.7 spaces per 1,000 Square Feet For purposes of perking requirements, time share and fractional fee units will be considered as accommodation units. • 1 12/4/2012 • I. INTRODUCTION A. Background The Town of Vail is one of Colorado's premier mountain resort communities. Located along 1 70 just west of the Continental Divide, Vail provides unique year-round recreation opportunities, with emphasis on winter ski activity. Vail is one of the most recognized destination ski resorts in the state, and has hosted international ski competitions. Continuing growth, and the physical setting of Vail, have challenged the community to develop and maintain one of the most innovative and successful multi-modal, pedestrian oriented transportation systems. The Vail transit system is the second most utilized in the state, and consists of a core area shuttle coordinated with bus service toifrom outlying areas. An extensive system of pedestrian/bicycle trails enhances multi-modallsm while providing •. recreational opportunities. Central parking facilities provide an interface between vehicular travel and pedestrian access to the core areas of Vail Village and Uonshead. Vail Village and Uonshead are located south of 1-70 along the south frontage road, as depicted in Figure 1. Each of these pedestrian oriented core areas consists of a mix of residential, accommodation, commercial/retail, and restaurant uses. At Vail Village, the Vail Transportation Center (VTC) parking structure provides 1,200 parking for these uses, as well as for day skiers during the winter. A 1,300 space structure accommodates similar parking needs within Lionshead . • 8. Study Purpose Currently, new development or redevelopment within Vail Village and Lionshead is assessed parking impact fees by the Town of Vail based on requirements contained in the Town's standards. Due to the mix of uses and modal split characteristics, the concern has been expressed that these standards may not be applicable in these core areas. In these multi-use areas, the concept of "shared" parking may provide alternative standards. Typically, two or more land uses in close proximity to each other may share the same parking supply without conflict or encroachment. This is often due to the difference in peak parking demand between the uses; for example, parking spaces used during the day by office workers may be used during the evening hours by restaurant patrons. In addition, related land uses can result in multiple-purpose trip making, in which a single parking space satisfies several trip purposes. An example of this might be a shopping excursion with visits to several retail establishments and a restaurant for lunch. With the close proximity of uses, the vehicle is parked once, and the remainder of the trips within the multi-use area are accomplished either on foot or via crar.sit. Simifar parking relationships between hotels and nearby restaurants has also been -Jocumemed. Shared parking concepts are appiicable in multi·use areas with the foliowing characteristics: • Mix of uses in close proximity. • Continuous pedestrian connecticn. • Strong transit element. 12/4/2012 FF.LSBURG HOLT &~ ULLEVIG '" L1onshoad Parking Structure \ As both Vail Village and Lionshead exhibit these characteristics, the purpose of this study is to develop alternative parking generation rates specific to these core areas. The analyses documented in this report are based on 1998/1999 ski season data provided by the Town, including: • Skier visits per day. • Parking transactions at both VTC and Uonshead parking structures. • Existing land uses within the Vail Village and Uonshead core areas . The above data were supplemented with available information on parking and shared parking ',-' . , -{~<.from the Institute of Transportation Engineers and the Urban Land Institute. Previous transportation engineering efforts in other Colorado resort towns were also referenced . • ...... ~ . • 3 12/4/2012 II. EXISTING CONDITIONS A. Parking Characteristics As previously stated, the VTC structure contains 1.200 parking spaces (including 18 handicap spacesi, and the Lionshead structure contains 1,300 spaces (including 16 handicap spaces). Ford Park, a ski season temporary parking location, accommodates approximately 250 vehicles, bringing the total formal public parking supply within Vail to about 2,750 spaces. In addition to this public parking supply, private parking is also provided within the core areas. Based on data provided by the Town, the private parking supply in Vail Village is 1,228 spaces, with 995 private parking spaces in Uonshead. The demand for parking in Vail varies considerably between seasons, with the peak ski season creating the highest demands. This demand is accommodated through a variety of public and . private parking facilities. Du(ing peak times, public facilities such as the VTC and Lionshead structures, as well as the temporary parking lot in Ford Park, approach capacity. When the capacity of these three locations is exceeded, overflow parking occurs along the Frontage Road. Available parking data for the structures at VTC and Lionshead consist of the nurnbe( of transactions conducted at each location per day during the 1998/1999 ski season. Each transaction represents a single vehicle's stay within a parking facility. Table 1 summarizes these data by month. Table 1. Parking Transactions by Month • : ' • .. ..Location ".. -, Parking Transactions (1} ~ .' .;.:;...... , -,.'.'. ., ',. '." ., November December January February March " VTC 10,734 53,179 55,170 52,798 ~O, 141 Lionshead 41,84434,67636,5997,4671 33,505 11 . 1998/1999 ski season data. ... , ;.: ~ . ~ q ;:~,; ". ~.~. > ,. ., . '.. ; .....:..: ~·t: Figure 2 graphically depicts the monthly parking transactions for both VTC and Lionshead structures the 1998/1999 ski season, As shown, parking transactions peaked in March, with 60,141 transactions at the VTC and 41,844 transactions at Lionshead. This peak coincides with the highest month for skier activity based on proprietary skier visitation data information pro'liced by the resor:. The peak ski day occurred on Saturday. February 13, 1999. On this date, the VTC recorded 2,042 parking transactions, and Lionshead recorded 1,394 transactions. The 15th highest ski day. typically used for planning purposes in Vail, occurred on Sunday, February 7, 1999. On this date, the VTC recorded 1.966 parking transactions, and Lionshead recorded 1,392 transactions. ... ..' • "1' April 26,441 18,311 I 4 12/4/2012 Historic lengTh of stay data tor parking in both the VTC and Licnshead structures was provided· _ by the Town, as summarized in Table 2. • Table 2. Parking by length of Stay Location· . I VTC Uonshead ~ .,... Average Length of Stay in Hours 111 . ., . \5,6O:'l.5 'lS2 :2~3 8-9 9-113-4 7-8 11 +4-5 &-7· 3% 3%4%I 32% 10% 15% 8% 6% 6% 7% 6% 2% 1%37% 4%9% B%7% 10% 7% 8%7% Based on 199611997 ski season data. I As shown, approximately 35 percent of all parking transactions were for length of stays of 1.5 hours or less. Typically, durations of 4 hours or less would be primarily attributable to commercial development. Day skier parking duration would be expected to fall within the 4 to 9 hour range, and residential/accommodation uses would account for most of the stays in excess of 9 hours. B. Land Use The core areas of Vail Village and lionshead are depicted In Figures 3 and 4, respectively. Existing land use data within the core areas were provided by the Town of Vail, as summarized • in Table 3. Table 3. Existing Land Uses -Vail Village And Uonshead '!•. =I Land Use . .... I Vail Village I Uonshead I '.:'. Total· . ·1 Residential/Accommodation (1) 2,148 Units Retail 958 Uhits1,190 Units 151,475 SF Restaurant 67,922 SF83.553 SF 82,127 SF23,197 SF58,930 SF I Office 45,000 SF Bank I 1,940 SF 22,400 SF22,600 SF 2,460 SF I 1. 8ased on observations of the Town, residential units, fractional fee/timeshare ~ units, and lodging accommodation units have similar functional characteristics 520 SF within the core areas.l t: • 6 12/4/2012 0 C") ill ([) CD Cl < • <!) ' !LL ' -- As shown, these core areas consist of a mix of residential and commercial uses. As previously discussed, such combined land uses result in higher levels of multi-purpose trip making, where a single vehicle trip is made to complete two or more trip purposes. This results in 3 reduced demand for parking space from what mIght be expected in areas of less intense development. These core area uses are also seen to generate less demand for parking than similar uses in other areas at Vail due to the proximity and viability of alternative transportation modes. Additlonalty, hourfy variations in the peak accumulation of parked vehicles between different land uses tends to reduce the aggregate parking demand of the core area; this phenomenon is termed "shared parking". The Urban Land Institute (ULI) and the Institute of Transportation Engineers (ITE) have published extensive data on shared parking for mixed use developments. This concept, in conjunction with the forgoing data, has been utilized in this analysis . • -, 9 12/4/2012 III. PARKING STANDARDS The following table is a comparison of parking rates from various sources for existing and potential uses within the core areas of Vail Village and lionshead. Table 4. Parking Rates • Hotel. The current hotel parking requirements are 0.4 space per accommodation, plus 0,1 sp2ce for each 100 square feet of floor area, with a maximum of 1.0 space per • accommodation unit. For the core areas, a requirement of 0.7 space per accommodation unit is suggested, with no adjustment for the size of the unit. Time share and fractionai fee residential units would also be considered as accommodation units with a parking requirement of 0.7 space per unit. For hotels with convention facilities, an additional requirement of 1.0 space per 11 seats is indicated to accommodate meeting attendees who are not staying at the hotel. • Retail. The current requirement of 3.33 spaces per 1,000 square feet (1.0 space per 300 square feet) is high for core areas. A reduced parking requirement of 2.3 spaces per 1,000 square feet is suggested for the Vail Village and Lionshead core areas. .;.. • Office. The current reqUirement of 4.0 spaces per 1,000 square feet (1.a space per 250 square teet) is typical for general office developments in suburban areas and is high for core areas. It is suggested that a reduced parking requirement of 2.7 spaces per 1,000 square feet is appropriate tor the Vail Village and Lionshead core areas. • Restaurant. Town regulations currently require 1.0 space per 8 seats, based on seating capacity or on Building Code occupancy standards (whichever is higher), This parking requirement is generally consistent with measured parking demands. However, an adjusted parking requirement of 1.0 space per 12 seats is suggested for the Vail Village .and Uonshead core areas to be consistent with other adjustments. • • Bank/Financial Institutions. The current requirement of 5.0 spaces per 1,000 square feet (1.0 space per 200 square feet) is typical for standard urban developments but high for denser resort areas. A reduced parking requirement ot 3.7 spaces per 1,000 square feet is suggested for core areas. The above parking rates, recommended for use in the Vail Village and Lionshead core areas, are summarized in Table 5. Table 5. Recommended Core Area Parking Rates I'I .. J.. Land Use '. ' . .: . , , Parking Rate . ·.1 I Residential 1.4 spaces per Dwelling Unit I Hotel' ... 0.7 spaces per Accommodation Unit Hotel with Convention Facilities I0.7 spaces per Accommodation Unit. plus 1.0 space per 11 Seats devoted to meeting/lecture seating I General Retail II 2.3 spaces per 1,000 Square Feet Office 2.7 spaces per 1,000 Square Feet Restaurant 1.0 space per 12 Seats Bank/Finance 3.7 spaces per 1,000 Square Feet 1 For purposes of parking requirements, time share and fractional fee units will be considered as accommodation units. 11 12/4/2012 The above parking rates are intended to be applied only to development occurrfng vvithin the Vail Village and Lionshead core areas, previously illustrated in Figures 3 and 4. The use of these rates in outlying areas would underestimate potential parking demands and could exacerbate current parking shortages. These rates were developed based on the density and mix of uses within these areas with adjustments to reflect socia-political perceptions in Vail. As a means of comparison, the aggregate parking requirements were calculated for the land uses in Vail Village and Lionshead using both the recommended core area parking rates and the current rates from the Town of Vail regulations. Table 6 summarizes this comparison. Table 6. Calculated Parking Requirements -Vail Village and Lionshead ; .;. , ~ 2,235 ...... 351 180 125 9 2,900 ~*, Parking Spaces Required Land Use . , Quantity . ' Current Rates Recommended Rates Resid entiallAccommodation 2,148 Units 3,222* I Retail 151,475 SF 504 Restaurant 82,127 SF--..,.. 257 Office 45,000 SF 180 Bank 2,460 SF 12 Total 4,175 '" Estimated average rate of 1.5 spaces per dwelling unit.... Estimated average rate of 1.04 spaces per dwelling unit. *** Estimated 1 seat per 40 SF (typical) results in 2,053 seats. • It can be seen that, using the recommended core area rates, the combined parking space . requirement for Vail Village and Lionshead would be 2,900 spaces. This parking requirement is 1,275 spaces less than the current regulations would indicate, representing an approximate 31 percent reduction. ,;' ". •12 12/4/2012 .;.~:;:. The following table is a comparison of current TO\I'Iln of Vaii parking regulations to parking generation rates contained in PARKING GENERAT10N, 2nd Edition, Institute of Transportation Engineers, 1987. The ITE rates are based on an average of data coilected nationwide; and. as . such, may not be appropriate for appiication in Vail or ether resort areas. This table is, therefore, intended for comparison purposes only. .":0. • { / • 12/4/2012 -- COMPARISON OF PARKING RATES: VAIL STANDARDS VERSUS ITE I -_. Currenr Town of Vail ITE Parking j II Land Use Requirements Generation Rates 1 t Dw~lIing Unit H gress residential floor area is 500 1.04 Space per D.U. (Low/Mid-Rise square feet or less: 1.5 spaces per Apartment) dwelling unit. f If gross residential floor area is over 500 0.88 Space per D_U. [High-Rise Apartment) square feet up to 2,000 square feet: 2 spaces per dwelfing unit. 1.11 Space per D.U. (Residential square feet or mora per dwelling unit: If gross residential floor area is 2,000 Condominium) 2.5 spaces per dwelling unit. Accommodation Unit 0.81 Space per Room (Convention Hotel)0.4 space per accommodation unit, pius 0.1 space per each 100 square feet of gross residential floor area, with a 0.52 Space per Room (Non-Convention maximum of t.O spaces per unit. Hotel) Banks & Financial 0.63 space per 1,000 SF (Walk-In Only Institutions (i.e., t.O space per each 200 square feet of net floor area. Bank) Savings & Loan) 4.23 Spaces per 1,000 SF IWalk-lnJDrive-rn Bank! Eating and Drinking 1 Space per 2.63 Seats (Quality Restaurant) Establishments 1.0 space per each 8 seats, based on seating capacity or Building Code occupancy standards, whichever is more 1 Space per 3.57 Seats (Family Restaurant) restrictive. Hospitals t.O space per patient bed plus t space i .79 Spaces per Bed IHospitaJl per 150 square feet of net floor area. Medical and Dental 4.11 Spaces per t ,000 SF (Medical/Dental Offiens 1.0 spaces per each 200 square feet of Clinic/Office!net floor area. Other Professional and 2.79 Spaces per t ,000 SF {General Office Business Offices 1.0 spaces per each 250 square teet of net floor area. Building) Quick-Service Foodl I 11.68 Spaces per 1,000 SF (Fast Food Convenience Stores 1.0 spaces per each 200 square feet of Restaurant wlo Drive-In Window) feet of net floor area: 1.0 spaces per 300 sqIJare feet for net fllJor area above 1,000 square feet. net floor area for the first 1,000 square Recreational Facilities, N,j data. Public or Private Parking shall be required. Amount to be determined by the Planning and Environmental Commission I, 3.23 Spaczs per 1.000 SF (Shopping Retail Stores. Personal I 1.0 soace per each 300 square i~e~ of iI fServices & Repair net floor area. I ICemer} Shops Theaters, MeetinG 1 Space per 5.26 Seats (Movie Theater} Rooms, Convention 1.0 space per each a seats, based on seating Capacity or building occupancy Facilities standards, whichever is more restrictive. Warehousing 0.50 Space per 1,000 SF (Warehousing! net floor area. 11.0 space per each 1 ,000 square feet of Any Use Not Listed Parking requirements to be determined - by the Planning & Environmental Commission )..~ ' . .: 12/4/2012 $5!## # ##. '$#"#)!$"" (( $# '$"5 -' !!$!## # '$-%4'%'(#*# !($')(.!$%"#)$"%#1 )5 #-'1@@4A?@? ! " ! " # " ' # #.' ! () %' "'1' .' #) ( #$) ( )# #() -#' '$-# "%'$."#)(6(-''#)!1%'$%$(4 .' !/ !!$#()'-)/ ) )$)!$@4DD@%' # (%(4 #!- # ) $!!$/ # 5 :-! 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RE S . LO B B Y RES.LOBBY RE S T . KI T C H E N LO U N G E RE S T . SE A T I N G MT G R M - KI T C H E N PR E - F U N C - TI O N S P A C E RES.LOBBY RE S . L O B B Y RE S . LO B B Y RE S . LO B B Y WE S T R E T A I L L O A D I N G W W W WW M W M M MM M RE S T A U R A N T HO T E L P O R T E CO C H E R E HO T E L M E E T I N G R O O M S CE N T R A L L O A D I N G DO C K B E L O W E - 3 PARKING GARAGE ENTRY AM E N I T Y EN T R A N C E HO T E L RE S T A U R A N T EL E V A T O R A N D E S C A L A T O R FR O M M I X E D U S E P A R K I N G PU B L I C E L E V A T O R A N D ES C A L A T O R F R O M / T O PL A Z A C R E E K S I D E RE S T A U R A N T GO N D O L A CR E E K C E N T E R L I N E 30 ’ C R E E K S E T B A C K 50 ’ C R E E K S E T B A C K GO R E C R E E K CE N T E R L I N E MA R K E T ST R E E T P L A Z A WE S T S I D E AU T O C O U R T RED SANDSTONE CREEK GO R E C R E E K ERWSD PLANTRITZCARLTONWESTLIONSHEADCIRCLE CE N T R A L PL A Z A S . F R O N T A G E R O A D TRANSIT CENTER FOREST ROAD HO T E L E-7E7 E-5EE-5 E-E-6EE-E- E- 3 E- 2 E- 2 E- 2-E2 E- 1 EEE- 1 2 WW- 2 WW- 2 W 22 W 22 -222 W-W- 2 W-W-W-WW- 2 WWW--2 WW- 1 WW-11 WW W- 1 WW 11 WW- 3-3 W 3 W- 3 W- 3--3-3-3-3 W-3-3-3-3 3 W- 3 W- 3 3 W- 3 3 W- 3 W E- 4 EE- 4 4444 E-E--44-4 E- 4-4-44 EE- 4 E 44444 E- 4 E--4 E-E-EES C A L A T O R / E L E V A T O R FR O M M I X E D U S E P K G . GROUND LEVEL | FLOOR PLANS 12/4/2012 EV E R V A I L Ma j o r E x t e r i o r A l t e r a t i o n & C o n d i t i o n a l U s e P e r m i t | J a n u a r y 4 , 2 0 1 0 2 W- 1 R E S . LO B B Y W- 1 R E S . ST O R A G E P1 PARKING | FLOOR PLANS2040801600NMIXED-USE ENTRANCE LANES PARKING ENTRANCE SK I S T O R A G E MT N O P S O F F I C E ME Z Z A N I N E CE N T R A L PL A N T BE L O W HOTEL ADMIN/STORAGERETAILSTORAGERESIDENTIAL TRASH OF F I C E EL E V S RESIDENTIAL TRASH HOTEL SERVICE ELEVATOR W- 2 R E S I D E N T I A L MI X E D U S E D P A R K I N G W- 2 R E S S T O R A G E VA I L P A R K S & RE C R E A T I O N LO W E R L E V E L OU T D O O R SP A C E OP E N T O BE L O W SP A LO A D I N G DO C K BE L O W MIXED-USE PARKING W - 1 R E S S T O R W - 1 M E C H R E S I D E N T I A L A M E N I T Y R E S I D E N T I A L P A R K I N G W - 3 P K G W - 2 P K G W - 1 P K G W - 1 P K G W- 2 R E S . LO B B Y W- 1 R E S . LO B B Y CR E E K S I D E P L A Z A & A M P H I T H E A T E R E- 2 E- 2 EE- 2 E 22 EE2 E- 1 E RE T A I L HO T E L LE G E N D : FO O D / B E V E R A G E SP A HO T E L M E E T I N G R O O M S MA R K E T R E S I D E N T I A L AM E N I T Y S P A C E OF F I C E EM P L O Y E E H O U S I N G PU B L I C PA R K I N G SE R V I C E / M E C H A N I C A L MO U N T A I N O P E R A T I O N S MI X E D U S E D P A R K I N G EN T R Y R A M P RE S I D E N T I A L E N T R Y R A M P W- 3 R E S I D E N T I A L RAMP TO P2 RESIDENTIAL PARKING MO U N T A I N OP E R A T I O N S B E L O W 12/4/2012 EV E R V A I L Ma j o r E x t e r i o r A l t e r a t i o n & C o n d i t i o n a l U s e P e r m i t | J a n u a r y 4 , 2 0 1 0 3P2 PARKING | FLOOR PLANS2040801600NCENTRALLOADINGDOCK MI X E D U S E P A R K I N G RA M P A N D T I C K E T I N G G A T E S WI T H R E V E R S I B L E L A N E SP A ME E T I N G RO O M CE N T R A L PL A N T MIXED-USE PARKING RESIDENTIAL PARKINGE-7 PKG E-3 PKGE-6 PKG E - 5 P K G M I X E D - U S E P A R K I N G M I X E D - U S E P A R K I N G MIXED-USE ELEVATOR/ESCALATOR TO SURFACE MOUNTAIN OPERATIONS LOADING BAY MI X E D U S E EL E V A T O R / E S C A L A T O R TO G R O U N D L E V E L MIXED-USE ELEVATORS &ESCALATORSE-7 RES LOBBY E-7 RES STORAGE LOADING DOCK ADMIN/ STORAGEE-6 RES LOBBY E- 5 R E S ST O R A G E E- 5 R E S ST O R A G E SI N G L E - H E I G H T MT N O P S S P A C E DO U B L E - H E I G H T MT N O P S S P A C E E- 5 R E S LO B B Y E-3 RES STORAGEE-6 RES STORAGE E-3 RES LOBBY E- 1 R E S T A U R A N T KI T C H E N RETAIL LOADING CORRIDOR RE T A I L L O A D I N G CO R R I D O R RE S . LO B B Y W- 1 R E S TR A S H CE N T R A L PL A N T EH U W- 3 3 W- 3 W- 3 WW- 3 W- 3 WW E- 2E2 E- E- 2 EE2 E- 1 E- 1 RE T A I L HO T E L LE G E N D : FO O D / B E V E R A G E SP A HO T E L M E E T I N G R O O M S MA R K E T R E S I D E N T I A L AM E N I T Y S P A C E OF F I C E EM P L O Y E E H O U S I N G PU B L I C PA R K I N G SE R V I C E / M E C H A N I C A L MO U N T A I N O P E R A T I O N S MO U N T A I N OP E R A TI O N S 12/4/2012 EV E R V A I L Ma j o r E x t e r i o r A l t e r a t i o n & C o n d i t i o n a l U s e P e r m i t | J a n u a r y 4 , 2 0 1 0 4P3 PARKING | FLOOR PLANS2040801600N HO T E L BA C K O F H O U S E MO U N T A I N O P E R A T I O N S LO W E R L E V E L AM E N I T Y SP A C E V A L E T P A R K I N G . E- 1 P K G E- 2 P K G MIXED-USE PARKING M I X E D - U S E P A R K I N G MI X E D U S E EL E V A T O R / E S C A L A T O R TO G R O U N D L E V E L E- 1 R E S . LO B B Y E- 1 R E S . ST O R A G E AM E N I T Y SK I S T O R A G E RE T A I L HO T E L LE G E N D : FO O D / B E V E R A G E SP A HO T E L M E E T I N G R O O M S MA R K E T R E S I D E N T I A L AM E N I T Y S P A C E OF F I C E EM P L O Y E E H O U S I N G PU B L I C PA R K I N G SE R V I C E / M E C H A N I C A L MO U N T A I N O P E R A T I O N S VA L E T DR O P - O F F F & B W- 2 R E S TR A S H MIXED-USE ELEVATOR TO SURFACE MI X E D - U S E EL E V A T O R T O SU R F A C E 12/4/2012 2801 Network Blvd., Suite 101 Frisco, TX 75034 P. 214.619.0700 F. 214.619.0705 www.carlwalker.com January 4, 2010 Kjell Anderson, AIA, LEED AP Associate Callison Architects 1420 Fifth Avenue #2400 Seattle, Washington 98101-2343 Re: Ever Vail Garage Design Review - Vail, Colorado Carl Walker, Inc. Project No. N3-2008-344 Dear Kjell, Callison Architects engaged Carl Walker, Inc. to conduct a review of the conceptual garage plans for the Ever Vail project to be constructed in Vail, Colorado (plans dated November 11, 2009). We understand that two parking structures are proposed for this development. They consist of the following: West Parking Structure Three levels below grade level with a parking capacity of approximately 670 spaces. This facility has a dedicated public entry/exit portal on the north side of the structure and a dedicated residential entry/exit portal on the east side of the structure from the South Frontage Rd. Internal express ramps and single helix park- on-ramps are used for vertical vehicular circulation. East Parking Structure Three levels below grade level with a parking capacity of approximately 870 spaces. This structure has a dedicated entry/exit portal on the south side of the development from Forest Road for public and resident use. Two internal express ramps are used for vertical vehicular circulation. Each entry and exit lane will have Parking Access and Revenue Control Systems (PARCS) equipment components to record and maintain daily transactions for transient, resident and monthly patrons. The PARCS equipment will be online with a facility management software system. The PARCS software will be located on a computer in the security/parking office where parking activity, revenue transactions, and facility totals by user groups can be monitored and managed by the parking operations group. Transient patrons will use an automated cashiering system known as Pay-on-Foot (POF). Upon entry, transient patrons will pull a ticket from a ticket dispenser machine at the entry lane to enter the parking structure. When leaving, the transient patron inserts the parking ticket into a centrally- located cashiering station (POF machine) on a primary pedestrian path before returning to their vehicle. The POF machine calculates the parking fee based on the length of stay. The POF machines can accept cash, credit cards, smart cards and 12/4/2012 - 2 - validations, and can also return change when appropriate. After the patron pays the parking fee, the POF machine would return the patron’s parking ticket. The patron inserts their parking ticket into a lag-time exit verifier at the exit lane and the barrier gate opens if the fee has been paid. Due to the parking structure configuration and parking allocation, POF units are located at each public elevator/escalator core on each level. This revenue operation and number of POF units provide a high level of service (LOS). It also reduces traffic delays and congestion on the entry and exit ramps. The current parking design and ramping configuration is acceptable and adequate to accommodate the planned development. However, any future structural changes implemented by the design team could affect the adequacy of the current design. After a review of the proposed parking structures, we have prepared the following comments to improve the level of service (LOS) and functionality of each proposed structure: a) POF represents relatively new technology that may not be well understood by some patrons. Special signage would be required to inform patrons to take their parking tickets with them and to pay for parking in advance of vehicle retrieval. Exit verifiers with credit card capabilities should be located at each exit lane for those transient patrons that do not understand the operation or forget to utilize the POF machines. b) The West Parking Structure has the capacity for two entry lanes and two exit lanes for public use. The center lane is a reversible lane to accommodate peak traffic conditions. The East Parking Structure has two dedicated entry lanes and two dedicated exit lanes for public use. This lane configuration provides a high level of service (LOS) for anticipated visitor parking demand. c) Resident and monthly patrons should use an Automatic Vehicle Identification (AVI) transponder or tag to enter and exit each parking facility. AVI consists of a transponder or tag that is applied to the windshield or bumper of a vehicle, or is hung from the rearview mirror. The transponder sends a signal to a reader mounted near the lane that automatically opens the gate. It allows access without the driver having to stop or open their window. This mode of operation provides a high LOS at the entry/exit points and improves traffic flow on the inbound and outbound express ramps for each structure. d) One entry lane and one exit lane are “nested” in each parking structure for resident and monthly patrons. Resident and monthly patrons are partitioned from public use. This parking separation reduces traffic in the general public parking areas and improves security for resident and monthly patrons. 12/4/2012 - 3 - e) Vertical express ramps incorporated in each structure should not exceed 12% slope with transitional ramp blends at the top and bottom of each ramp. This slope design criterion has been followed in both structures. f) PARCS equipment (gates, ticket dispensers, exit verifiers, etc.) should not be located on a slope of more than 2.5%. Verify the slopes at PARCS equipment lanes comply with this recommendation. g) Inside vehicle turning radii should not be less than 15’-0”. Some tight turns may exist due to structural constraints. Where feasible, remove walls and/or other structural components that may conflict with this criterion. h) Van accessible parking requires a minimum headroom clearance height of 8’-2”. Verify if this is headroom clearance is achievable on the express ramps, drive aisles and in the general parking areas. i) Walls and columns adjacent to the express ramps could slow traffic circulation. Every effort should be made to provide wide drive lanes where possible. j) Vertical express ramps for two-way traffic should not have drives less than 24’- 0”clear width for straight ramps and 30’-0” clear width for curved ramps. This width requirement would provide a reasonable LOS on the express ramps. k) Based on the length of the express ramps and the flexibility in the parking operations with the PARCS equipment referenced earlier, we believe the vehicular queues are adequate to accommodate the proposed peak traffic demand. l) A high level of lighting is recommended at entry/exit portals, vertical express ramps, elevator/escalators/stairs, drive aisles, intersections of ramps, and at the PARCS equipment areas. A lighting photometric study for each level should be conducted to ensure appropriate footcandles (FC) have been achieved in the design. AREA INTENSITY (FC) Driving Aisles/Ramps 10-15 Parking Areas 7-10 Elevator Lobby/ Landing Areas of Stairs 20 Vehicular Entry/Exits 50* * Daytime intensity should be maintained within 50’ of garage footprint for transitional conditions. Please reference our redlined comments sent to you earlier via e-mail for consideration to improve the efficiency, design and functionality of each structure. 12/4/2012 - 4 - We trust we have responded to your request to review the current design, and that our recommendations are helpful in the design process for this development. Thank you for giving Carl Walker this opportunity to be of service. Please call if you have any questions or concerns. Sincerely, Carl Walker, Inc. Gregory A. Watts, Senior Parking Specialist/Project Manger 12/4/2012 Page 1 PLANNING AND ENVIRONMENTAL COMMISSION January 11, 2010 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Luke Cartin Sarah Paladino Rollie Kjesbo Michael Kurz Bill Pierce Tyler Scheidman David Viele Swearing in of new members by the Town Clerk, Lorelei Donaldson 5 minutes Site Visits: Timber Ridge – 1280 North Frontage Road 40 minutes 80 minutes 1. 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) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Recommendation of approval with condition(s) MOTION: Pierce SECOND: Kurz VOTE: 4-0-2 (Cartin and Viele recused) CONDITION(S): 1. That this recommendation for the inclusion of Ever Vail within the commercial core area parking map is contingent upon the approval of the remaining applications which will cause the project to receive its full entitlements. Commissioners Cartin and Viele recused themselves due to conflicts of interest. Warren Campbell gave a presentation of the staff memorandum. Tom Miller, Vail Resorts Development Company, gave a presentation summarizing the current application and the status of the Ever Vail project as a whole. Curtis Rowe, Kimley-Horn Associates consulting traffic engineer, presented an overview of the traffic impact report. Rob McConnell, Carl Walker Associates parking consultant, presented an overview of the proposed public and private parking plans. Dominic Mauriello, Mauriello Planning Group representing the applicant summarized the proposal for a new skier parking facility and discussed the request for a core area parking designation. 12/4/2012 Page 2 Commissioner Kjesbo asked if there was any discussion about a round-a-bout on the west end of Ever Vail. Dominic Mauriello discussed the ability to construct a round-about in the proposed Frontage Road design submitted to CDOT with the future Simba Run underpass. Commissioner Kjesbo asked if a round-a-bout will be needed if the underpass was not constructed. Greg Hall, Public Works Director, did not have the traffic data with him, but will bring back additional information to the Commission at a later hearing. Commissioner Pierce asked how the applicant will facilitate future changes in land use that may require greater parking than the uses currently proposed. Dominic Mauriello described how the parking could be managed to always insure adequate parking for all the obligations on the site. He continued by described their initial proposed ticket or pass system for the parking use, rather designating a specific parking space to a specific commercial or residential unit. Commissioner Pierce asked about the pedestrian connections between Ever Vail and Lionshead. Dominic Mauriello indicated that more detail will be provided when the proposed architectural plans are discussed at a future hearing. He noted how they are contemplating how to not just design the pedestrian connections, but to create a reason, or draw, for pedestrians to walk to Ever Vail. Tom Kassmel, Town Engineer, outlined the next Staff level meetings scheduled with the applicant with regard to the function of the transit facility. Greg Hall made the distinction between a core area development, like Ever Vail, and other non- core area mixed use developments such as West Vail. Commissioner Kjesbo asked about Simba Run cost estimates. Greg Hall gave the current estimate, approximately $20 million, and outlined the unknown elements of financing opportunities. Jim Lamont, Vail Village Home Owner’s Association, asked for clarification about what items are scheduled for discussion at future public hearings. He noted a Town Council member’s opinion that the need for another village core has not been established. He noted also that an economic impact analysis should be completed. Commissioner Kurz agreed with need for an economic analysis and believes that Staff is working on such a report. He believes that Ever Vail is physically designed as a new core area and supports the proposed core area parking designation. Commissioner Schneidman believes Ever Vail is a logical extension of Lionshead. Commissioner Kjesbo believes Ever Vail is a commercial core area and he hopes it will bring future sales tax and economic growth to the community. 12/4/2012 Page 3 Commissioner Pierce believes Ever Vail is a commercial core area and the core area parking designation is appropriate. 12/4/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 4, 2012 ITEM/TOPIC: Adjournment (8:55 p.m.) 12/4/2012