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HomeMy WebLinkAbout2013-11-05 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 4:30 P.M., NOVEMBER 5, 2013 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: Town Managers Report: (5 min. ) PRESENTER(S): Stan Zemler 2. ITEM/TOPIC: Consent Agenda: 1) Approval of October 1 and October 15 meeting minutes; 2) Council letter of support for mountain recreation enhancement (5 min.) 3. ITEM/TOPIC: Appoint one member to the Local Licensing Authority (LLA) (5 min.) PRESENTER(S): Suzanne Silverthorn ACTION REQUESTED OF COUNCIL: The Council interviewed all interested parties at the work session and Council should appoint one member to the LLA for an eight month term at the evening meeting. BACKGROUND: The Town received 2 letters of interest for the open position on the LLA as follows: Tom Saalfeld Tom Scola STAFF RECOMMENDATION: Please appoint one member to the LLA at the evening session. 4. ITEM/TOPIC: RAMP Update- Simba Run (20 min.) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Listen to update on the RAMP projects and provide Staff with direction BACKGROUND: At the June 18th Council work session Council directed staff to apply to CDOT with three projects for RAMP funding. The three RAMP projects included; Simba Run Underpass, Frontage Road Improvements,and the East Vail Water Quality Improvements.Staff received notification on October 18th that the Simba Run Underpass project was chosen to receive RAMP funding. The current estimate of the project is $20.8 million dollars. CDOT has awarded $14.6 million towards the project with the remaining $6.2 million to be funded by the Town of Vail. Staff has proposed that the Town’s portion be funded with Tax Increment Financing (TIF) dollars. 11/5/2013 The purpose of this Council work session is to update the Council on the status of the project and outline next steps. STAFF RECOMMENDATION: Staff recommends proceeding with the RAMP process and approving the recommended PLT members. 5. ITEM/TOPIC: First reading of Ordinance No. 16, Series of 2013, An Ordinance Amending Section 13-7-8 of the Vail Town Code Regarding Recovery of Costs in Enforcement Actions and Setting Forth Details in Regard Thereto. (5 min. ) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 16, Series of 2013 on first reading. BACKGROUND: The Town Council desires to amend the Vail Town Code to provide for an award of reasonable attorney fees and costs in successful court actions to enforce violations of Section 13-7-8. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 16, Series of 2013 on first reading. 6. ITEM/TOPIC: Second reading of Ordinance No. 13, Series of 2013, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in the allowable gross residential floor area (GRFA), located at 16 Vail Road (The Sebastian)/ a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (10 min.) PRESENTER(S): Warren Campbell, Community Development Department and Dominic Mauriello, Mauriello Planning Group ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2013, upon second reading. BACKGROUND: On September 23, 2013, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, to the Vail Town Council for a major amendment to SDD No. 6, Vail Village Inn, to increase the allowable GRFA for Phase IV, with a vote of 5-1-0. On October 15, 2013, the Vail Town Council approved Ordinance No. 13, Series of 2013, upon first reading by a vote of 6-1-0 (Moffet opposed). STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves, with conditions, Ordinance No. 13, Series of 2013, upon second reading. 7. ITEM/TOPIC: Resolution No. 14, Series of 2013, a resolution adopting the 2013 Gerald R. Ford Park Master Plan, and setting forth details in regard thereto. (45 minutes) PRESENTER(S): George Ruther, Community Development Director and Tom Braun, Principal, Braun Associates, Inc. ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications, 11/5/2013 or Deny Resolution No. 14, Series of 2013 BACKGROUND: On April 16, 2013, the Vail Town Council instructed town staff to prepare a new master plan for Gerald R. Ford Park. In doing so, the Town Council provided the following direction: The new plan shall be a compilation of the 1974 Vail Plan, 1985 Ford Park Master Plan, 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Update. A series of goals, objectives, policies and actions steps were to be developed to clarify the community's expectations for the Park and guide future decisions about improvements with the Park. The concept of sub area planning within the Park was supported. While the Park was to be planned in its entirety, sub area plans and illustrative graphics were to be used to further clarify opportunities within the respective areas of the Park. The new plan was to incorporate both current improvements already underway within the Park but also capture and articulate future improvement opportunities. The Plan was to have an approximate ten year life span with periodic updates and amendment considerations when needed. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves the proposed 2013 Gerald R. Ford Park Master Plan, as modifidied by the Planning & Environmental Commission, based upon a review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented at multiple public hearings. 8. ITEM/TOPIC: Recognition of Kerry Donovan and Kevin Foley's services as Town Council members. (5 min. ) PRESENTER(S): Andy Daly 9. ITEM/TOPIC: Citizen Participation: (15 min.) 10. ITEM/TOPIC: Gerald R. Ford Park Amphitheater Operations Plan (10 min.) PRESENTER(S): George Ruther, Director of Community Development and Jack Hunn, Hunn Consulting Group LLC ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications, or Deny the Operations Plan BACKGROUND: On September 3, 2013, the Vail Town Council heard an appeal of a Planning & Environmental Commission (PEC) decision denying a request for an amended conditional use permit for the proposed lobby addition at the amphitheater. The appeal was filed by the Vail Valley Foundation (VVF). Upon conclusion of the appeals hearing, a majority of the Town Council voted to overturn the PEC's decision. In overturning the decision, the Town Council asked that the VVF provide the Town Council with a copy of a proposed operations plan for the new amphitheater lobby. The reason for requesting the Operations Plan was to ensure: *adequate public access to the lobby space when not in use by the VVF, *the management of the proposed use does not unnecessarily conflict with the other stakeholders in Ford Park, *reasonable public access and availability of the restroom facilities proposed in the new amphitheater addition, and *the proposed use operated in conjunction with the amphitheater 11/5/2013 STAFF RECOMMENDATION: The Community development Department recommends the Vail Town Council approves the Operations Plan as proposed. 11. ITEM/TOPIC: Adjournment (6:35 p.m.) 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: Town Managers Report: PRESENTER(S): Stan Zemler 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: Consent Agenda: 1) Approval of October 1 and October 15 meeting minutes; 2) Council letter of support for mountain recreation enhancement ATTACHMENTS: October 1 Town Council Meeting Minutes October 15 Town Council Meeting Minutes Council letter of support for mountain recreation enhancement 121812 Council letter of support 11/5/2013 Town Council Meeting Minutes of October 1, 2013 Page 1 Vail Town Council Meeting Minutes Tuesday, October 1, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk _________________________________________________________________ The first item on the agenda was Recognition of Town Manager Stan Zemler’s 10 year anniversary September 22, 2013. Daly complemented Zemler on his many accomplishments and his excellent leadership skills. Daly presented Zemler with a plaque to commemorate his 10 years with the town. Daly stated he wanted to take this time to present the award to Zemler publicly because Zemler takes his responsibility to the community very serious. Zemler thanked the Department Directors, the town staff and a great council and credited them towards his success through renaissance and recession. The second item on the agenda was Citizen Participation, of which there was none. The third item on the agenda was the Consent Agenda: 1) Approval of September 3 and September 17 Town Council Meeting Minutes. Moffet made a motion to approve the September 3, 2013, Town Council meeting minutes as presented, with a second from Rogers. The motion passed unanimously (7-0). Moffet made a motion to approve the September 17, 2013, Town Council meeting minutes as presented, with a second from Rogers. The motion passed 6-0-1(Donovan abstained). 2) Appointment of Regular Municipal Election Judges. 11/5/2013 Town Council Meeting Minutes of October 1, 2013 Page 2 Moffet made a motion to approve the appointment of the following as judges for the Regular Municipal Election to be held on Tuesday November 5, 2013: Vi Brown, Holiday Cole, Carol McKown, Earl Best, Meryl Jacobs, Mary Caster Summer Holm, Mary Ann Best, Jane Harelson and Katherine Schmidt, with a second from Donovan. The motion passed unanimously (7-0). Council stated they were extraordinarily grateful for donating their time. 3) Resolution No. 11, Series of 2013 – Eagle River Water and Sanitation District (ERWSD). Moffet made a motion to approve Resolution No. 11, 2013, a resolution approving certain water facility easements and water agreement between the Town of Vail and Eagle River Water and Sanitation District; and setting fourth details in regard thereto, with a second from Foley. The motion passed 6-0-1 (Kurz abstained). 4) Resolution No. 12, Series of 2013 – Town of Vail approval of Vail Local Marketing District (VLMD) Budget. Moffet made a motion to approve the 2014 VLMD budget, with a second from Rogers. The motion passed 6-1 (Foley against). Foley stated the VLMD should not use funds from the general operating account for special events and should use funding for special event through the VLMD. 5) Ordinance No. 14, Series of 2013 – Tabled to October 15, 2013, Town Council Meeting. Moffet moved to table the second reading of Ordinance No. 14, Series of 2013, to the October 15 Town Council meeting, with a second from Donovan. The motion passed unanimously 7-0. The fourth item on the agenda was Town Managers Report. Zemler reminded council that town staff would be hosting a town council candidate briefing on October 8 in the Council Chambers to discuss the 2014 budget and current projects and issues occurring in town. The fifth item on the agenda was the first reading of Ordinance No. 15, Series of 2013, an 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, 2014, through December 31, 2014. Zemler stated this is a proposed $54 million dollar budget and it is a balanced budget that is required by law. Staff feels comfortable that service levels will remain at levels the town is accustomed to and proud of. A number of iconic events that are highlighted in the budget are being paid for from General Fund reserves, such as the US Burton World Snowboard Championships and the Pro Cycling Challenge, that the town is hoping would return in 2014. Zemler went onto say that although the sales tax collections have been strong these past months, the town is still not at the same revenue levels as 2008 in total. Kathleen Halloran, Town of Vail Assistant Finance Director, reviewed with council a memorandum in response to council’s questions from their first look at the operating budget during the September 17 work session. 11/5/2013 Town Council Meeting Minutes of October 1, 2013 Page 3 Council requested a five year look at funding levels for the Commission on Special Events (CSE) and Council Contributions. Rogers asked why there was a decrease in the CSE and Council Contribution in the 2014 budget if the direction was to remain flat. Halloran stated the increase as shown in the 2013 budget is from Council approving a one-time increase for certain CSE items such as marketing research and a Memorial Day event. Rogers stated there was going to be another Memorial Day event in 2014 and the funding was to assist the event in establishing Vail is open in May. Halloran stated she was following council’s direction that these items in 2013 were one-time funded items and had been removed from the proposed 2014 budget. Rogers stated this is why she would be voting against the budget because if the request was to be flat then there should not be a decrease in CSE’s funding nor in Council Contributions. Donovan asked at what level the Memorial Day event was funded and Halloran responded $85,000. Donovan asked where that dollar amount would come from. Rogers thinks the budget needs to be more realistic and if that amount cannot be found, there is $24 million in reserves. Tjossem agreed with Rogers that there needs to be a Memorial Day event and wondered if there will be any wiggle room after the CSE allocates next year’s funding. Tjossem when onto say that in the past, a couple previously funded events for whatever reason dropped off, which then caused a surplus in the CSE budget. Sybil Navas, CSE Coordinator, confirmed that the Memorial Day event did receive $85,000 and there was additional funding received for marketing and survey studies and the Living Well Summit event. Navas stated the event Soulfest did drop out because of CSE’s decision the event was not at the requested quality and the allocated funding for that event was reallocated to the Holdiaze event because Vail Resorts pulled their funding for this event. Navas stated allocation event requests are due October 21st so the CSE board has not yet seen any proposals for a Memorial Day event, but the members do feel it is necessary to establish an event for that holiday weekend. Daly asked for any council comments on this topic. Moffet said he was comfortable increasing the funding for something like the US Burton Championship because he felt the average daily rates (ADR’s) are at their highest. Moffet stated he was entirely uncomfortable with the idea of increasing the funding for this event without knowing where the funding would come from and when the ADR’s are at their lowest. Moffet said he was frustrated that council has not had a strategic conversation with CSE. Zemler suggested council allow CSE to go through their process and have CSE report back December 3 and if there is an area council would like to see more funding to go toward, then council can discuss allocating more funding toward that event. Donovan stated council gave onetime funding to the Memorial Day event for it to grow legs so that in the future that event could go through the fair CSE process for future funding. Daly asked if other council members were interested in funding additional events at this time. Kurz recommended following Zemler’s lead and wait to see what CSE comes to council with on December 3rd and to keep the Council Contributions at the level currently being proposed for the 2014 budget. Not all council members agreed. Council moved onto the next subject regarding the conversation of 12 multi-season seasonal employees to full-time employees. Daly stated he had a comment concerning the answer to the first question “what makes up the average of $20,000 per position 11/5/2013 Town Council Meeting Minutes of October 1, 2013 Page 4 being converted.” Daly went on to say that in the second sentence of the answer “The difference in wages is approximately $4,000 per position primarily to cover the additional four weeks of work.” Daly said it did not seem to make sense to put people on for an additional 4 weeks when there is no work for them. Halloran replied the town does have work for them due to the extension of services further into “off-season” for example the bus drivers. Rogers stated staff has stated there is work for them and they should receive fulltime benefits out of fairness. Kurz agreed with Rogers that council needs to be fair and equitable to all employees and to go with staff’s recommendation for the budget. Moffet feels staff is stretched and looking at the history from the 2008 cuts, Moffet said that this is the first time the town has rebounded in staff levels and he feels comfortable trusting staff’s recommendation. Tjossem stated she felt comfortable with staff’s recommendation for these few employees to become fulltime. Daly stated with no further comments and with four council members in agreement, staff is directed to go forward with the fulltime employment of those 12 positions. Council moved onto discuss the next topic of the Capital Projects Fund. The first item was the funding of the Mobile Communications Van. Daly stated council agreed they were not willing to fund the entire $350,000, but would commit to funding 50% with the remaining 50% matched by other partners such as the E911 Board and other county- wide agencies. Halloran reminded council that the $175,000 is not currently in the proposed budget and staff just wanted to confirm council’s commitment to the 50%. All council agreed to the 50% commitment. The next item on Capital Projects Fund was radio replacement for a portion of the town’s radio inventory. Halloran stated Motorola has agreed to a substantial discount as part of their sponsorship of the 2015 World Alpine Ski Championships. The replacement of just a portion of the radios will cost $176,000 and the remainder of the radios will be replaced in 2018. No Council members disagreed with staff’s recommendation. Next was the replacement of the “Livescan” fingerprint equipment for $28,000. Halloran stated the equipment needed to be updated quickly and requested to approve this project for 2013, with the amount to be included in a budget supplemental in December. Council all agreed that staff could move forward with the project now and to allocate this amount into a 2013 supplemental. Council moved onto to discuss the Real Estate Transfer Tax (RETT) Fund. The first item under this fund was the Library Recreation Path project being split between the 2014 and 2015 budget. All council members were in agreement with that recommendation. Council agreed to move $250,000 into the 2013 budget for the planning and design of the Booth Creek Park redevelopment and the replacement of the Booth Creek tennis courts to occur in 2014. The remainder of the redevelopment will occur in 2017. 11/5/2013 Town Council Meeting Minutes of October 1, 2013 Page 5 Rogers stated she had one more item to discuss under RETT. Rogers felt the town wasted $65,000 of Betty Ford Alpine Gardens’ money by council approving a site for an education center next to the schoolhouse. The Betty Ford Alpine Gardens spent money on a design for that location and when they came and presented their design, the council changed their mind on the site for the education center. Rogers felt the town should supplement their loss. Moffet agreed with Rogers. Donovan still cannot support it because there are other entities that did not get their way when they went through the process. Donovan didn’t think it was fair to reimburse one entity and not others. Tjossem was not willing to reimburse them for their loss at this time but would be open to future discussion of financial support once the Ford Park Master plan is approved and a site has been designated for the educational center. Council majority did not agree and Daly said council will not reimburse Betty Ford Alpine Gardens for their expense incurred. Donovan and Daly requested council next review the proposed 2014 budget line by line. Daly stated he had one request from staff for the next reading and that is for more information concerning employee benefits health care. The costs are going up from $2,875,000 in 2013 to $3,150,000 in the proposed 2014 budget. Daly requested to see more details regarding the split on what employees are funding and what the town is funding. Daly has concerns of growing deductibles and what that may look like long term. Halloran stated the cost sharing is 25/75 with 25% paid by employees and 75% paid by the town and staff planned on continuing that practice. Daly asked if council had any comments or questions concerning the General Fund. Council had no comments or questions. Daly asked if council had any questions or comments regarding the Summary of Revenue, Expenditures and Change in Fund Balance in the General Fund. Daly pointed out to council a significant decrease in reserve funds since 2012. Donovan requested staff provide more information of what Daly is pointing out concerning the reserves. Donovan stated that it was important to leave healthy reserves for future councils. Daly asked if there were any comments concerning council contributions, specially Tier I – Vail Brand Events, Tier II – Extraordinary events, Tier III – Services Expertise and Tier IV- Life Long Learning. Rogers stated she opposed keeping the Tier I events flat for two years. Rogers expressed concern the increase in operation costs and innovative cost goes up every year and those increases are not considered when allocating money to iconic events such as Bravo and the Vail Jazz Festival. Rogers also opposed Tier IV – Life Long Learning being funded at only $15,000. Rogers stated certain events producers were unaware they needed to have their application in for funding by a certain time. Rogers proposed allocating a minimum of $75,000 for Life Long Learning and let the CSE provide criteria for these kinds of events to see if they would qualify for funding and if they do then the CSE can make those recommendations for funding to council. Kurz agreed with Rogers and thought it was the right thing to do because 11/5/2013 Town Council Meeting Minutes of October 1, 2013 Page 6 council did make a commitment to Tier IV. Kurz requested staff to find a way to make that happen. Foley suggested taking it out of the Vail Local Marketing District (VLMD) Fund. Donovan agreed with Foley that council should hand over that tier to the VLMD because of their marketing knowledge which could be beneficial to those events. Tjossem agreed with having a $75,000 placeholder and agreed with Kurz and requested staff comes back at the next meeting with an answer. Moffet expressed concern that there was no strategic plan concerning that tier and suggested if council were going to put that money into the budget, then council needs to know what that strategic vision is and define what council is trying to accomplish. Council agreed to increase the Tier IV amount by $75,000 and requested staff to look at how to fund that amount even if it means to turn over that tier to the VLMD to assist with the marketing part. Donovan expressed being nervous on spending reserves on permanent events such as US Burton and Pro Challenge. Donovan stated these permanent events need to find a home in the budget. Susie questioned why the revenue source concerning permit and licensing fees has not gone up for 10 years and suggested increasing these fees to the appropriate amount in increments over time. With no further comments, Daly moved onto Capital Projects and stated all items were discussed at council’s last session and asked if anyone had any comments or suggested changes. Moffet made an appeal on behalf of the Chamonix housing project and suggested council budget money for a marketing study. He also requested a budget for at least a duplex, if not the entire infrastructure project. Foley agreed. Rogers asked if that was a good use of money for one infrastructure. George Ruther, Community Development Director, thought it was feasible to build in phases such as 5 duplex units. Ruther thought money might even be saved. Zemler stated staff could come back at the next meeting with more information concerning that project and recommended that council look at the housing market study that was done a few years ago. Daly asked if there were any further comments regarding Capital Projects. Donovan said she was still uneasy with the installation of the 19 cameras for the 2015 Ski Championships. Donovan questioned if the drive was really for the 2015 Ski Championships, then why would the town be bearing all the costs of this expense. Vail Police Chief Dwight Henninger stated cameras are mostly used for loading and delivery, but they have also assisted in solving some crimes. Rogers felt it is the council’s primary responsibility to make the town safe for the citizens and guests. All council members agreed it should stay in the budget. Council moved onto the Real Estate Transfer Tax Fund. Donovan asked why there was $25,000 being allocated to separate the Ford Park and Donovan Master Plans and if it was appropriate for this item to be funded from this fund because it has nothing to do with preserving open space and is more of an administrative housekeeping item. Rogers stated open space was not the only criteria for spending RETT funds and that 11/5/2013 Town Council Meeting Minutes of October 1, 2013 Page 7 park and recreation were other criteria for the use of RETT funds. She felt it was appropriate for this item to be funded out of that fund. Rogers also stated she thought $25,000 was too much to spend on separating these master plans. Kurz agreed with Donovan. Ruther stated there are new conditions being implemented in Ford Park that would not be appropriate for Donovan Park. This is why these master plans need to be separated. Ruther went on to say that there are maps that discuss both Ford Park and Donovan Park; therefore, by changing the Ford Park Master Plan you cannot have the Donovan Park left lingering. Ruther additionally said he did estimate high with $25,000 because he would rather be over on his estimate than to come back and ask council for a supplement. Tjossem asked where the funding for the Ford Park Master Plan came from. Ruther responded RETT and he also stated he would look into cost further. There were no changes requested by council for the second reading of the proposed budget regarding this item. Foley questioned $304,000 for Ford Park safety improvements and asked what exactly is going to happen. Greg Hall, Public Works Director, stated the town would be updating the playground and the restrooms. Rogers does not have a problem leaving it in as a placeholder knowing staff will have to come back to council for approval for spending that money. With no further comments from council, the allocation was left as proposed. Daly opened the 2014 proposed budget for public comment. Alby Segall, President of the Vail Symposium, wanted to clarify their proposal under the Tier IV funding recommendation. Segall stated everything the Vail Symposium does is programing and they operate on a very narrow budget. There was no further public comment. Moffet made a motion to approve on first reading with requested to staff for further information on some items, with a second from Kurz. The motion passed 6-1. (Rogers opposed) The sixth item on the agenda was first reading of Ordinance No. 1, Series of 2013, An Ordinance Adding a New Section 2-1-4 to the Vail Town Code, to Ensure Adequate Funding for the Town’s Long-Range Capital Program. Town Attorney Matt Mire explained the Town Charter previously required a 50/50 split of sales tax revenue between capital and general fund unless overridden by a supermajority of council. The electors approved a change to the Charter in November and this ordinance will allow council to come back year to year and establish the split. If council deviates from the split percentage at the second reading of the budget then council will need a super majority vote. Donovan stated in the future this ordinance should be discussed before going through the process to allow philosophical discussions. Judy Camp, Finance Director, agreed the split could be discussed earlier in the budget process when staff presents the revenue forecast. Donovan made a motion to approve Ordinance No. 1, Series of 2013 as read, with a second from Foley. Daly asked if there was any public 11/5/2013 Town Council Meeting Minutes of October 1, 2013 Page 8 comment. There was none. With no further comments from council, the motion passed 7-0. The seventh item on the agenda was Adjournment. There being no further business, Donovan made a motion to adjourn with a second by Moffet. Motion passed and council adjourned at 8:00 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ___________________________________ Tammy Nagel, Acting Town Clerk 11/5/2013 Town Council Meeting Minutes of October 15, 2013 Page 1 Vail Town Council Meeting Minutes Tuesday, October 15, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk _________________________________________________________________ The first item on the agenda was Citizen Participation. Dale Bugby introduced himself to the council and audience and stated he was running for Town Council in the November 5 election. Eric Perkins addressed council about his concerns that dirt is being pumped into Gore Creek by Vail Resorts and there is no sediment filter. Perkins asked council if they were serious about protecting Gore Creek. Daly and Rogers stated the area Perkins is talking about is in Eagle County and not in the town limits and that it is difficult to enforce something when the land is not in the town limits. Greg Hall, Town Public Works Director, said he would follow up and report his findings back to council. Gale Schwartz’s, Colorado State Senator of District 5, introduced herself to council and asked if council had any questions or concerns on topics at the State level that could affect the town. Schwartz’s said water is a critical issue in the State of Colorado and currently there is a water plan being presented to the Governor that redirects and conserves the state’s water. The plan would provide 86% of the water to be used by agriculture on the Front Range and to encourage conservation in other areas. Daly noted the Urban Renewal Authority (URA), which resulted in formation of a Tax Increment Financing (TIF) District for Lionshead, had provided an unbelievable benefit for this community. The town would have been hard pressed without TIF financing to put the many capital projects in place without this financing mechanism. Schwartz said it was also true it had diverted money from the school district, to which Daly replied both the schools and the town have benefitted from higher sales tax and property tax collections. Schwartz said this also could hurt other districts and require backfill by the state. Daly asked Schwartz’s about the new statute requirements that 11/5/2013 Town Council Meeting Minutes of October 15, 2013 Page 2 are increasing costs to communities such as the “United Bargaining of Firefighters.” Schwartz’s stated there were 14 fires in the State this year alone and its important to support the firefighters and the roles they play in protecting our communities and water sheds. The collective bargaining allowed for the support firefighters need. Moffet asked if Schwartz’s thought the State could provide funding to the EGE Airport to assist with keeping more cars off the I70 corridor. Schwartz’s asked how the state could support air services in all the communities that have an airport. Foley remarked that Schwartz’s was term limited and that Vail is hoping to have one of its council members elected in her place. Schwartz’s said Eagle County would benefit by having one of its citizens fill this position. **Council member Kerry Donovan is running for Colorado State Senator of District 5 in next year’s election** The third item on the agenda was the Consent Agenda: 1) Proclamation No. 6, Series of 2013 a Proclamation Declaring the Third Week in October as “Volunteers in Police Service Week”. Daly read the proclamation in full and the Chief of Police Dwight Henninger also acknowledged their service and efforts. The Council and audience gave the volunteers a standing ovation. The fourth item on the agenda was Town Managers Report of which there was none. The fifth item on the agenda was the second reading of Ordinance No. 1, Series of 2013, An Ordinance Adding a New Section 2-1-4 to the Vail Town Code, to Ensure Adequate Funding for the Town’s Long-Range Capital Program. Town attorney, Matt Mire, stated the split reflected a sales tax split of 38% for capital and 62% for operating which would make the 2014 budget a balanced budget. Daly asked if council had any questions or comments. Moffet confirmed with Mire that in the future this ordinance split will be discussed earlier in the budget process rather than at the end. Foley made a motion to pass Ordinance No. 1as read, with a second from Tjossem. The motion passed unanimously, 7-0. The sixth item on the agenda was second reading of Ordinance No. 15, Series of 2013, An 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, 2014 Through December 31, 2014. Daly read the title in full. Kathleen Halloran, Assistant Finance Director, reviewed the memorandum from the Finance Department which provided responses to council questions that were asked during the first reading of Ordinance No. 15. During the October 1 meeting council asked the Finance Department to provide more information on healthcare costs shared between the town and employees. The Finance Department provided an analysis that is meant to track the percentage share paid for by the employee versus the employer by incorporating all the costs to the employee such as premiums deducted from paychecks, office visit co-pays, deductibles paid throughout the year and shared medical payments until the employees’ yearly maximum is met. This analysis showed the member burden, a term used to identify the complete out-of-pocket costs to the 11/5/2013 Town Council Meeting Minutes of October 15, 2013 Page 3 employer, at 34%. Council also requested more information concerning town reserves, specifically activity during 2013 that reduced the anticipated reserve levels for 2014. The Finance Department showed a 2 year decrease in the reserves of $39,463,321 due to major financial items such as the Timber Ridge debt financing, the Vail Golf Clubhouse & Nordic Center, Ford Park Fields and Amphitheater, the Vail Village Welcome Center, iconic events that were paid by reserves for two years, the streambank tract/mitigation and guest service enhancements. During the October 1 budget discussion, council directed staff to find $75,000 in the current budget proposal to increase funding for Tier IV “Life-Long Learning” category of Council Contributions. Staff recommended using the $75,000 allocated for the Pro-Cycling Challenge event, which event has not been confirmed for 2014. Staff proposed accepting applications for Life-Long Learning events starting November 15 through January 1, with staff recommendations completed by January 31. Council also asked for additional information on the market study relating to the employee housing at the Charmonix site for which staff included $5,000 in the 2014 proposed budget for an update to that housing study. Staff also researched consulting costs to separate the Donovan Park Master Plan from the Ford Park Master Plan, which is currently being updated and staff found that if some work is done in house the costs can be reduced to $5,000. Daly asked if council had any additional questions. Tjossem asked about the criteria for the Tier IV “Life Long Learning” events. Halloran said the Finance Department would develop “startup” criteria such as reviewing the events financial plans, how they fit in councils goals and if the events are aligned to the Vail brand and do these events have the ability to drive the sales tax. Tjossem said the “startup” criteria concerned her and asked where these events would go for funding for their second year. Halloran said the events could possibly move into another event category if the event fits the criteria of other categories. Town Manager Stan Zemler said the $75,000 would be coming out of the reserves, which makes it look like onetime funding and the event would not necessarily receive future funding. Rogers expressed she was disappointed this is now being presented to council at the second reading and that council never had a discussion regarding who should make the decision on what events receive money. Rogers went onto say that with Commission on Special Events (CSE) knowledge, it was more appropriate for them to set the criteria and that council never said anything about “startup” funding. Rogers stated council needs to talk about how the money is being allocated and what the application looks like, not the Finance Department. Daly agreed with Rogers that council should decide criteria and what events get money. Council agreed that $75,000 will be added to Tier IV and the criteria will be decided at a later date. Donovan expressed concern there is no conclusion because organizations need to know their funding status so they can plan their winter programming. Daly asked if council had any questions concerning the healthcare cost sharing part of the Finance Department memorandum and no one had any questions. Tjossem asked Finance Director Judy Camp what the target reserve is for a town the size of Vail. Camp said the current budget is taking the reserve back to 30 million, which is 25% of the general fund revenue and is well within the parameters. Daly said the US Burton Snowboard Championships event needs to be added to the operating budget. Moffet said keeping a fat reserve is something he felt really comfortable with. 11/5/2013 Town Council Meeting Minutes of October 15, 2013 Page 4 Foley said the Vail Local Marketing District (VLMD) funding should be used for iconic events and these events should be funded by the lodging tax. With no further comments from council, Daly opened the discussion for public comment. Nick Sargent, representing the US Burton Open, asked for an additional $150,000 above the $400,000 the event is currently receiving for a “Celebration of Olympics” extending the event for an additional day. John Stone, Discover Well and Vail Living Well Summit, asked council if his organization should request funding from CSE or wait for the criteria for Tier IV Life Long Living. Council advised to apply to both. Doug Dusenberry, Rocky Mountain Science Center, talked about his organization and requested funding from council. Moffet made a motion to pass Ordinance No. 15, Series of 2013, on second reading, with a second from Kurz. Rogers stated she would be voting against the budget for three reasons, 1: because staff was directed to keep the budget flat and the CSE’s budget was not kept flat but instead their budget had eliminated the funding for a Memorial Day Event she recommends their budget return to $85,000; 2. Rogers said it was wrong for council not to reimburse the Betty Ford Alpine Garden $65,000 for a site council approved for an education center, but which was later denied to them, after the organization invested money into studies and plans for that site; and 3: the current budget makes no adjustments to events like BRAVO and these events get funding at the same level as the year before, thus making no adjustments for increases in their operating budgets. Foley said he, too, would be voting against the proposed budget because employee benefits just continue to increase and he would like to have an independent assessment on how the town spends its money. The motion passed 5-2 (Rogers and Foley against). The seventh item on the agenda was a final review of an appeal of a Design Review Board (DRB) decision, pursuant to Section 12-3-3C, Appeal of Design Review Board Decisions, Vail Town Cod, appealing a decision be the Design Review Board approving a design review application, with one condition, for an outdoor public plaza at the Gerald R. Ford Amphitheater, located at 540 South Frontage Road East/Unplatted, and section forth details in regard thereto. (DRB130424). George Ruther, Community Development Director, provided council with a brief background about the appeal concerning the subject property, the Gerald R. Ford Amphitheater. Ruther stated on September 25, 2013, an appeals form was submitted to the Community Development Department, on behalf of the appellant, by Zehren & Associates. The appellant is appealing the final decision made by the DRB at their meeting on September 18, 2013, with respect to design review application DRB130424. The appellant is not appealing the approval granted by the DRB, but instead, the appellant is appealing the condition of approval required by the DRB that the new tensile fabric roof color be Benjamin Moore HC-80 or darker. Ruther said council was being asked to uphold, modify or deny the DRB’s decision. Ruther went onto say that the Community Development Department had determined the appellant, the Vail Valley Foundation, had standing as an aggrieved or adversely affected person, the appeal was complete and notice was given in a timely manner. Additionally, the Community Development Department recommended council uphold the decision of the DRB of September 18, 2013; and make the finding of facts listed on the memorandum provided to council in their packets. Ruther reviewed those 11/5/2013 Town Council Meeting Minutes of October 15, 2013 Page 5 findings of facts with the council stating though the material fit the design criteria, the white color of the fabric did not comply. The finding of the material color, white, being non-compliant was based upon the following factors: 1. White is not a natural, earth tone color as contemplated by the Town’s adopted Design Guidelines and consistently applied since their adoption; 2. The DRB has denied other requests for white roof material colors; 3. A white colored roof is neither satisfactory in appearance, nor is it compatible with the structure, site, surrounding structures and overall character of Vail; and 4. a site visit to the proposed development site revealed to the DRB that the public plaza roof is highly visible from Vail Valley Drive due to the substantial change in elevation. Pedro Campos, Zehren and Associates, spoke on behalf of the appellants, stating the proposed material color was chosen for other qualities. The material is not paper white, but more of an ivory color and the material is more translucent, allowing 12-14% sunlight to come through, creating a brighter environment and making it more inviting. Whereas, a darker color will create too much of a shady environment and the comfort of the space would be altered. The solid color additionally creates more maintenance and will cost the appellants more money in the long run. The council was asked if anyone had any questions for the appellant. Daly asked that other than the material being translucent, is there any other reason the appellants think the DRB’s decision should be overturned. Campos stated the roof is not similar to anything else in the town and the social courtyard at the amphitheater is not similar to anything in town. The courtyard does not have walls and this is to act as more of a shade and cover, but still have the feeling of an outdoor amphitheater. The material is a mat finish and is not shiny, on the low bench of Ford Park and not highly visible and a different color would really compromise the feeling of the social courtyard. With no further questions for the appellent, council was asked if they had any questions for the staff. Foley asked Ruther what color the Dobson Ice Arena’s roof was. Ruther responded it is very similar to the color the appellent is requesting for the social courtyard. Daly asked why the Dobson roof would be approved and not this application. Ruther said the roof was chosen because it reflected the sun off the roof reducing the energy used to maintain the ice rink. Tjossem asked if the Dobson roof had the translucent qualities that this material proposed. Ruther responded no. Council asked if there was any public comment and there was none. Council moved next into council discussion. Rogers said she thinks the DRB erred in this case and she knows the DRB works hard to make sure things form with the guidelines, but this is not just about a color issue, but also about ambiance and the experience of the courtyard. Rogers also disagrees that the roof will be highly visible compared to other buildings in the town, such as the Solaris. Donovan disagreed with Rogers concerning the visibility of the roof, stating there is a section on Vail Valley Drive that will look directly down on the roof and it will be a different experience looking down on a white roof compared to a natural earth tone color roof. Donovan went onto say that Ford Park is a natural park with natural earth tones and council has done a lot of work to keep it that way. Kurz agrees with Rogers that the DRB did what they needed to do based on the guidelines they are forced to work with and he disagreed that it’s a highly visible sight . Foley made a motion to uphold the DRB’s decision with a modification that the color of the off white ivory material be 11/5/2013 Town Council Meeting Minutes of October 15, 2013 Page 6 allowed to be used, with a second from Rogers. The motion passed 6-1 (Donovan opposed). The eighth item on the agenda was Resolution No. 13, Series of 2013, a Resolution Approving Timber Ridge Pre-Development Agreement; and Setting Forth Details in Regard Thereto. Daly stated the council met with the town attorney and staff today in executive session to discuss negotiations and now council has an agreement before us to consider. Town Attorney Matt Mire introduced the resolution and stated the agreement calls for a ground lease of 35 years; a property tax exemption; 108 dwelling units with 70% of those units being restricted for employee housing; the developer will submit an initial application by November 30, 2014, with the redevelopment to start in 2014; and the town will refund 100% of the use tax. Ruther stated this is the fourth attempt at redeveloping this property and months ago council directed staff to enter into negotiations with Jen Wright and Gary Gorman to redevelop the Timber Ridge property. The redevelopment will happen on the eastern most ½ of the Timber Ridge property; which is zoned housing zone district. There would be three or four units with 3 or 4 floors, which would provide 104-108 dwelling units. There is a parking requirement of 1.5 spaces per dwelling unit on site. Rogers primary concern was that the town was giving up a lot to have the same number of units. Rogers stated she would like to see a fourth floor. Gary Gorman, representing the developing team, stated the challenge of adding a fourth floor is the parking requirement. A fourth floor would also require an elevator to make the property marketable, but he stated he would look into that cost. Moffet disagrees with the 1.5 parking requirement and felt there has always been a push for more parking spaces than is needed. Foley made a motion to pass Resolution No. 13, 2013, with a second from Tjossem. Daly stated the language concerning the refund of use tax is subject to further discussion. There is a date change from the initial application to be submitted by November 30, which now will be required to submit the initial application on November 29, because November 30 falls on a Saturday. He would also require a minimum of 108 units. Foley amended his motion, with Tjossem amending her second. Council was asked if there were any further comments. Rogers asked if approving this resolution tonight would limit the units to 108. Mire responded that it is just setting a minimum of 108 units. Rogers stated she would vote in favor of the preliminary predevelopment agreement but will not vote for the actual development agreement if there are not additional units added. Donovan and Daly commented on how far the town has come to getting the Timber Ridge property developed. The motion passed unanimously 7-0. The ninth item on the agenda was the first reading of Ordinance No. 13, Series of 2013, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District (SDD) No. 6, Vail Village Inn, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in the allowable gross residential floor area (GRFA), located at 16 Vail Road (The Sebastian) a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Community Planner, Warren Campbell stated that on August 26, 2013, the Planning and Environmental Commission (PEC) held a work session on the 11/5/2013 Town Council Meeting Minutes of October 15, 2013 Page 7 proposal to add approximately 691 square feet of GRFA to the penthouse unit. The PEC offered a comment on the proposal with regard to the need to evaluate the proposal pursuant to the criteria, the north elevation, and the limited visibility of the proposed expansion. On September 9, 2013, the PEC held a public hearing on the request for a recommendation on a major amendment to add GRFA to the existing penthouse unit. A motion for approval failed and a subsequent motion to table the request was approved. The PEC gave direction to review the roof forms and address the concerns stated in the staff memorandum with regard to staff’s response to criterion one. On September 23, 2013, the PEC forwarded a recommend of approval, with conditions, to council for a major amendment to SDD No.6, Vail Village Inn, to increase the allowable GRFA for Phase IV, with a vote of 5-1-0. This recommendation was based upon the review of the criteria outlined in the September 23, 2013, memorandum to the PEC and the evidence and testimony presented. Campbell stated additional GRFA being proposed is +839 square feet just for Phase IV, The Sebastian only. Moffet said a requirement to increasing square footage is public benefit and he is not seeing any public benefit by granting the additional GRFA. Rogers said when council approved Solaris 860+ square feet, the council would not approve it without significant public benefit such as the movie theater and bowling alley and Rogers felt you could not make this requirement for one developer and not make the same requirement for another. Donovan felt you cannot compare special districts, but did note there was no public benefit in this application. The council requested to hear from the applicant. Dominic Mauriello, with Mauriello Planning Group, represented the applicant, AMPH, LLC and stated the property is unique and the owner has always “paid it forward” by enhancing the property with public benefits. Greg Spencer, with Timbers Resorts, reminded council the property was a bankruptcy property that did not have a Certificate of Occupancy until the applicant bought it and brought the building up to the building standards required by the town at the cost of $12 million. The Sebastian has invested in public art, improved signage on Vail Drive, and improved landscape on the Grappa property. The Sebastian has hosted several special events and has also sponsored events. Spencer listed several things The Sebastian property has invested in the town with not being asked to do so and the owners are moving from down valley to the town and that is the investment. There were no additional questions for the applicant regarding public benefit. Mauriello demonstrated all views of the building showing the changes to The Sebastian building over a period of time per PEC requests. Mauriello also demonstrated to council how the additional GRFA fits well with their neighbors and how the Sebastian building does have a stepping feeling. The council asked if there was any public comment and there was none. Daly asked if council had any comments. Kurz stated he had no issues with the addition with concerns to bulk and mass. Kurz went onto say that this group has done a tremendous job on keeping up with town standards. Rogers stated prior to the presentation, she was opposed to the increase in the GRFA, but the list of public benefits that was listed by Spencer and the art work alone, shows the dedication. She has no problems with the application and will make a motion to approve the recommendation of the PEC for the request of additional GRFA. Kurz seconded the motion. Moffet is still waiting for the public benefit and recommended the owner’s deed restrict the unit for the public benefit. Foley did not feel 11/5/2013 Town Council Meeting Minutes of October 15, 2013 Page 8 the additional GRFA will intrude on their neighbors but would like to see more public benefits. Tjossem also supports this proposal. Daly agreed the additional GRFA will not affect their neighbors and the applicants are great community supporters. Therefore, he will be supporting the motion. A vote was taken and the motion passed 6- 1(Moffet opposed). The tenth item on the agenda was second reading of Ordinance No. 14, Series of 2013, an ordinance amending the Vail Town Code to increase the maximum fine for code violations in accordance with State law and setting forth details in regard thereto. Town Attorney Matt Mire stated Ordinance No. 14, passed on first reading with no changes and the ordinance will allow the municipal judge to enforce maximum fines. Council asked for public comment and there was none. Moffet made a motion to approve on second reading Ordinance No. 14 as read, with a second from Rogers. Council were asked if anyone had any comments and there was none. The motion passed unanimously, 7-0. The eleventh item on the agenda was Adjournment. There being no further business, Donovan made a motion to adjourn, with a second by Moffet. The motion passed and council adjourned at 9:05 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ___________________________________ Tammy Nagel, Acting Town Clerk 11/5/2013 November 5, 2013 USDA Forest Service Ski Area Comments Pacific Southwest Regional Office 1323 Club Drive Vallejo, CA 94592 Additionally, submitted electronically: http://www.regulations.gov/#!documentDetail;D=FS_FRDOC_0001-1682 RE: Comments on the USDA/United States Forest Service’s Proposed Directive for Additional Seasonal or Year-Round Recreation Activities at Ski Areas To Whom It May Concern: In December of 2012, the Vail Town Council submitted a letter of support to the White River National Forest for Vail Resorts’ proposed Vail Mountain 2012 Recreation Enhancements Project. Today, we would like to take the opportunity to recognize the work of the U.S. Forest Service on the Proposed Directive and to offer our comments. At the outset we appreciate the Forest Service’s perspective on the opportunity this legislation offers stating that “additional seasonal and year-round recreation activities and associated facilities are important to the long-term viability of ski areas, and that the more managed outdoor recreation settings at ski areas could introduce urban based population segments, especially youth, to outdoor recreation. This exposure could build a deeper appreciation for nature that could lead to further exploration of NFS lands beyond ski areas.” To that, we would add that appealing and viable ski areas are incredibly important to resort community economies. Vail is one of the top three summer destination spots in the state. We applaud both the Forest Service and Vail Resorts for bringing to life the ability to launch summer mountain activities where our community can leverage existing visitation within Vail’s existing Special Use Permit boundary. Year-round resort activities will create year-round jobs, not only on the mountain but throughout our business community in Vail Village and Lionshead as the additional activities will allow local businesses to stay open longer in the shoulder seasons. Stabling our workforce goes hand in hand with stabilizing our resort-based economy. The Proposed Directive embraces many of the important components of the Ski Area Recreational Opportunity Enhancement Act of 2011 including: • Encouraging outdoor recreation and the enjoyment of nature. 11/5/2013 Town of Vail Page 2 • Encouraging (to the extent practical) recreational development to be located in already developed areas or areas identified and approved for development in a ski area’s development plan and be done in a way that “harmonizes” with the natural environment. As part of the Directive the Forest Service attempts to define an “amusement park”. We appreciate the desire to try to define this term and agree that ski areas must not turn into Six- Flags style amusement parks. However, we feel that commonly used definitions of amusement parks such as those found in dictionaries may draw a clearer line than the Forest Service’s proposed definition in terms of what is typically found at an “amusement park” (merry-go- rounds, Ferris wheels, roller coasters, carnival games, etc.) versus non-snow sport recreation activities that we find or hope to see at ski areas (such as downhill mountain biking, zip lines and zip line tours, alpine slides, climbing walls, and the Forest Flyer as proposed by Vail Mountain in its Epic Discovery offering). One of the appealing pieces of the Ski Area Recreational Opportunity Enhancement Act was the stated desire of the legislation and its sponsors to provide local U.S. Forest Service line officers with guidance and discretion to determine what is and is not appropriate at the ski area. The U.S. Forest Service has successfully managed Vail Mountain and its development (for winter and summer uses) for over 50 years and we have great faith in the line officers as well as the existing processes they follow. Based on the demonstrated success of this approach we would like to see the Forest Service maintain as much consistency as possible by utilizing proven systems that are referenced in the Proposed Directive (ie the Recreation Opportunity Spectrum) rather than re-stating specific pieces of those systems for the purposes of the Proposed Directive. The appeal of our public lands, and recreational opportunities on them, we firmly believe will broaden our summer offerings. Vail Mountain’s proposal, specifically, will allow more diverse guest populations of all ages, abilities and cultures to connect to the National Forest in new and exciting ways, maintaining both the mountain’s as well our community’s world-class brand. We’re very excited to report the Town of Vail enjoyed a record Summer 2013 in terms of sales tax revenues – this over Summer 2012 which had been our previous record. We have invested a great deal in marketing, special events and to be able to further partner with Vail Resorts and the Forest Service to enhance our world-class brand is tremendously exciting. Thank you for the opportunity to comment on the draft regulations. We look forward to reviewing Vail Mountain’s draft Environmental Impact Statement hopefully in the near future! Sincerely, Town of Vail Andy P. Daly, Mayor CC: Town of Vail Council United States Senator Mark Udall 11/5/2013 Office ofthe Mayor 15 South Frontage Road Vail, Colorado 81651 December 18,2012 910-419-2106 Fax: 910-419-2151 Scott Fitzwilliams www.vailgov.com Forest Supervisor clo Don Dressler Winter Sports Program Manager White River National Forest PO Box 190 Minturn, CO 81645 Additionally, sent via email: comment@vailreceis.info RE: Vail Mountain 2012 Recreation Enhancements Project Dear Mr. Fitzwilliams: For several years now, the Vail Town Council has been monitoring the progress of Vail Resorts, in conjunction with the National Ski Areas Association, to amend the Ski Area Permit Act of 1986 that would not only update the legislation to include recreational activity taking place today on U.S. Forest Service lands, but create the potential to increase the amount of year-round activities, and most notably for us, in our backyard, on Vail Mountain. We had previously expressed our support of this update in legislation, and were thrilled to see its approval in late 2011, known as the Ski Area Recreational Opportunities Enhancement Act. We now want to express our support for Vail Resorts' proposed Vail Mountain 2012 Recreation Enhancements Project, pending your thorough environmental review. We applaud the ski company's leadership and expenditure of time and energy to put themselves first in the pipeline with numerous new, exciting activities within its existing Special Use Permit boundary. The interpretive and educational components of the proposed plans are evidence as to why Vail Resorts is the leader in recreational offerings and environmental stewardship within the ski industry. The educational aspects will set the bar high as they are intertwined with an exhilarating canopy tour or Forest Flyer uses on Forest Service lands, and will be a great draw for current and new summer guests. We hope, too, that we will see greater Forest Service presence on the mountain providing the education. Recognizing that Vail Resorts are outstanding stewards of the public lands that they lease from you, and that your oversight has ensured our collective guests experience our great outdoors in world-class fashion, for the Town of Vail, the additional reasons we hope you will approve Vail's proposed activities under the name Epic Discovery are: o RECYCLED PAPER 11/5/2013 • As we continue to collect information, the Town of Vail is on pace for a record summer in 2012 in terms of sales tax revenues; we have invested a great deal in marketing, special events and holding true to our world-class brand. To be able to offer our summer guest another strong reason to stay an additional night or two by way of Epic Discovery has tremendous potential in our minds. • We have been planning for years how to most effectively bolster incremental room nights during the shoulder and summer seasons. There is more traffic on Interstate 70 in the summer months than in the winter. Epic Discovery will provide additional variety by way of new outdoor recreation experiences for our guests who are already here, or need a greater incentive to pull off 1-70. • Vail is one of the top three summer destination spots in the state. We applaud Vail Resorts for identifying the ability to launch summer mountain activities where the entire community can leverage existing visitation. • Year-round resort activities will create year-round jobs, not only on the mountain but throughout our business community in Vail Village and Lionshead as the additional activities will allow local businesses to stay open longer in the shoulder seasons. Stabilizing our workforce goes hand in hand with stabilizing our resort­ based economy. • Just last year, our survey results put hiking as the number one activity for our summer guest. We are so pleased that Vail has an opportunity to place additional hiking, wayfinding and mountain bike trails into its proposed plans for summer activity. Thank you for the opportunity to comment during this scoping period. We look forward to reviewing the draft Environmental Impact Statement when it is issued. Sincerely, TOWN OF VAIL t!.L-8 Andy P. Daly, Mayor XC: Vail Town Council 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: Appoint one member to the Local Licensing Authority (LLA) PRESENTER(S): Suzanne Silverthorn ACTION REQUESTED OF COUNCIL: The Council interviewed all interested parties at the work session and Council should appoint one member to the LLA for an eight month term at the evening meeting. BACKGROUND: The Town received 2 letters of interest for the open position on the LLA as follows: Tom Saalfeld Tom Scola STAFF RECOMMENDATION: Please appoint one member to the LLA at the evening session. 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: RAMP Update- Simba Run PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Listen to update on the RAMP projects and provide Staff with direction BACKGROUND: At the June 18th Council work session Council directed staff to apply to CDOT with three projects for RAMP funding. The three RAMP projects included; Simba Run Underpass, Frontage Road Improvements,and the East Vail Water Quality Improvements.Staff received notification on October 18th that the Simba Run Underpass project was chosen to receive RAMP funding. The current estimate of the project is $20.8 million dollars. CDOT has awarded $14.6 million towards the project with the remaining $6.2 million to be funded by the Town of Vail. Staff has proposed that the Town’s portion be funded with Tax Increment Financing (TIF) dollars. The purpose of this Council work session is to update the Council on the status of the project and outline next steps. STAFF RECOMMENDATION: Staff recommends proceeding with the RAMP process and approving the recommended PLT members. ATTACHMENTS: Memo Commitment Letter 11/5/2013 To: Town Council From: Public Works Date: 11-05-13 Subject: RAMP Projects Update I. SUMMARY At the June 18th Council work session Council directed staff to apply to CDOT with three projects for RAMP funding. The three RAMP projects included; • Simba Run Underpass • Frontage Road Improvements • East Vail Water Quality Improvements Staff received notification on October 18th that the Simba Run Underpass project was chosen to receive RAMP funding. The current estimate of the project is $20.8 million dollars. CDOT has awarded $14.6 million towards the project with the remaining $6.2 million to be funded by the Town of Vail. Staff has proposed that the Town’s portion be funded with Tax Increment Financing (TIF) dollars. The purpose of this Council work session is to update the Council on the status of the project and outline next steps. II. PROJECT DETAIL The Simba Run Underpass project is a proposed new underpass under I-70 that connects the North and South Frontage Roads. It is located approximately half way between the Main Vail and West Vail interstate exits; more specifically at its name sake, the Simba Run Condominiums. The project has been discussed since the early 1990’s and is referenced in numerous Vail master plans and transportation related documents including the I-70 PEIS. It provides connectivity between the North and South Frontage Roads for vehicles, pedestrians, bicyclist, and transit operations. It also relieves some congestion at the Main and West Vail roundabouts by providing a more direct route between Lionshead area and the West Vail Mall area. It is also a project that has already begun a joint feasibility study between CDOT and the Town of Vail. This joint project is more specifically known as a Planning and 11/5/2013 Town of Vail Page 2 Environmental Linkage (PEL) report to understand the projects impacts. The PEL process was chosen as it is the next logical step in anticipation of funding and a NEPA process thru CDOT and FHWA, which cannot be started unless funding has been solidified. The PEL project had an initial Public Meeting on August 5th, with an introductory Council meeting on August 6th. Since that time Town of Vail staff, CDOT, and Felsburg Holt and Ullevieg (FHU) Consultants have been gathering existing data, completing traffic analyses, and taking initial steps in coordinating the PEL. III. NEXT STEPS Now that funding for this project has been determined thru RAMP, the project will shift gears and begin to prioritize based on the following schedule; Location Analysis for Simba Run Underpass Nov. 2013 – Jan. 2014 NEPA Environmental Clearance Feb. 2014 – June 2014 Preliminary Design Feb. 2014 – Aug. 2014 Final Design Sept. 2014 – June 2015 Right of Way Acquisition Dec. 2014 – Dec. 2015 Bid & Award Jan. 2016 – Mar. 2016 Construction April 2016 – Nov. 2017 As a part of the RAMP funding process the Town is required to submit a Commitment letter with an updated Scope, Schedule and Construction Estimate by January 6, 2014 to CDOT (See attached). The Project Team will be updating these items and will present the final Commitment letter to the Town Council in December. In addition the Town must amend the current Intergovernmental Agreement (IGA) with CDOT and the existing design contract with FHU to accommodate the increased design scope and fees. The Town and CDOT are currently working with FHU to establish the revised scope and fees. It is estimated that the total design fees may range from $1.8m to $2.2m. Staff will present the amended IGA and FHU Contract to Council in the December/January timeframe once the scope and fees have been fully vetted. In the mean time the project Team will continue with the portion of the existing design scope that is currently already under contract and under way; a location analysis for the Simba Run Underpass, updating schedules and cost estimates. . The project will be run consistent with CDOT’s Context Sensitive Solutions (CSS) process (http://www.coloradodot.info/projects/contextsensitivesolutions/decision/6-step- process). As a part of this process the project team is required to set up a Project Leadership Team (PLT). The PLT is a non-decision making group who ensures the project stays on task, is a public and open process, and meets the goals, purpose and need of the project. Town staff and CDOT have discussed possible candidates and we suggest the following members; Pam Brandmeyer (Town of Vail Assistant Town Manager) George Ruther (Town of Vail Director of Community Development) 11/5/2013 Town of Vail Page 3 Jeff Babb (Director of Vail Mountain Operations) Rob Levine (Antlers General Manager, Vail Economic Advisory Committee) Don Maclachlan (General Manager, Cascade Condominiums/Destination Hotels) Laura Mullen (West Vail Liquor Mart, Owner) Steve Olson (CDOT – Region 3 Program Engineer) Mike Vanderhoof (CDOT – Region 3 Planning and Environmental Manager) Zane Znamenacek (CDOT – Region 3 Traffic and Safety Program Engineer) IV. RECOMMENDATION Staff recommends proceeding with the RAMP process as outlined above and approving the recommended PLT members. V. ATTACHMENTS CDOT Ramp Commitment Letter 11/5/2013 Safety People Integrity Customer Service Excellence Respect Page 1 of 4 Insert the following Document on the Letterhead of Local Agency 1 2 Assurance that 3 __insert name of Local Agency__ 4 Remains Committed to Entering into a Partnership with CDOT Concerning 5 __insert Project Name__ 6 7 Tracking o.: __insert Tracking No.__ (as shown on the “RAMP Partnership and Operation Projects – Preliminary Recommendations 10/16/2013” adopted by the Transportation Commission on 10/17/2013) Project ame: __insert Project Name__ (as shown on the “RAMP Partnership and Operation Projects – Preliminary Recommendations 10/16/2013” adopted by the Transportation Commission on 10/17/2013) 8 Commission Requirement. The purpose of this document is to satisfy the requirement 9 established by the Transportation Commission that applicants for Public-Public Partnership 10 projects confirm their commitment to the project. The RAMP Resolution adopted by the 11 Transportation Commission on October 17, 2013, provides in part: 12 BE IT… RESOLVED that the Transportation Commission requires for each 13 Public-Public Partnership project on or before January 6, 2014, a project scope, 14 schedule, and budget developed by the Colorado Department of Transportation in 15 the form and to the level of detail specified by the Chief Engineer; and 16 BE IT FURTHER RESOLVED that the Transportation Commission also 17 required for each Public-Public Partnership project on or before January 6, 2014, 18 evidence, in a form specified by the Chief Financial Officer, confirming a 19 commitment by the applicant to the project scope, schedule, and budget 20 developed by the Department, including an agreement to hold a public vote to 21 authorize the local match by no later than April 8 if such vote is necessary; and 22 BE IT FURTHER RESOLVED that the Chief Engineer may extend the January 23 15, 2014, deadlines to April 7, 2014, upon application for extension form any 24 applicant or CDOT Region Transportation Director for projects in a flood 25 damaged area. 26 27 Project Scope, Schedule, and Budget Prepared by CDOT. The Colorado Department 28 of Transportation has prepared the required scope, schedule, and budget for this Public-Public 29 Partnership project. This scope, schedule, and budget is incorporated as Exhibit A of this 30 document. Exhibit A specifies the financial and other commitments of __insert name of Local 31 Agency__ and identifies when it is reasonably anticipated that such commitments will be 32 provided or performed. 33 34 Changes in Project Costs. On a CDOT administered project, CDOT and the Local 35 Agency Partner will assess at the Final Office Review (FOR) the project budget to be contracted. 36 11/5/2013 Safety People Integrity Customer Service Excellence Respect Page 2 of 4 An estimate over the Exhibit A amount will trigger a reevaluation of both the project as well as 37 the project match. CDOT and __insert name of Local Agency__ will engage in negotiations to 38 determine how and if the project moves to advertisement for construction, as well as the project 39 match. If a project is determined by CDOT to no longer be feasible or if an agreement cannot be 40 reached, CDOT will advise the Transportation Commission that the project is unable to be 41 moved forward and should be removed from the list of approved Public-Public Partnership 42 projects. On a CDOT administered project, any cost variance discovered after the Final Office 43 Review (FOR) will be the responsibility of CDOT. 44 45 On a project administered by the Local Agency Partner, the CDOT contribution will not 46 increase. If there is a cost savings, the savings will be prorated. 47 48 Intergovernmental Agreement. Exhibit B is a standard template for the 49 Intergovernmental Agreement that will be completed and fully executed prior to any CDOT 50 expenditure other than the five percent of the total project cost for Fiscal Year 2014 authorized in 51 the RAMP Resolution for pre-construction expenditures. It is the policy of CDOT that the 52 Intergovernmental Agreements must be executed by June 30, 2014, unless the CDOT Chief 53 Engineer grants an extension because of flood damage or Incidence Response workload. 54 55 Evidence of the Continued Commitment by __insert name of Local Agency__ to the 56 Project. As an officer of __insert name of Local Agency__, I confirm that appropriate officials 57 of __insert name of Local Agency__ have reviewed and considered Exhibit A which contains the 58 scope, schedule, and budged developed by CDOT for the project, Exhibit B which contains the 59 standard template which will be used for the Intergovernmental Agreement, and the policy 60 regarding changes in project cost stated in the body of this document. 61 I confirm that to the best of my knowledge I know of no reason why __insert name of 62 Local Agency__ and CDOT will not execute an Intergovernmental Agreement as specified in 63 Exhibit B and based on the scope, schedule, and budget contained in Exhibit A and the policy 64 regarding changes in project cost stated in the body of this document by June 30, 2014. 65 66 67 ____________Signature of Official____________ 68 _______insert Printed Name of Official _________ 69 _____________insert Official Title_____________ 70 71 Date: __________________ 72 11/5/2013 Exhibit A – Project Scope, Schedule, and Budget Safety People Integrity Customer Service Excellence Respect Page 3 of 4 _____insert the Scope, Schedule, and Budget developed by CDOT_____ 73 74 11/5/2013 Exhibit B – Intergovernmental Agreement Template Safety People Integrity Customer Service Excellence Respect Page 4 of 4 _____insert appropriate IGA template_____ 75 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: First reading of Ordinance No. 16, Series of 2013, An Ordinance Amending Section 13-7-8 of the Vail Town Code Regarding Recovery of Costs in Enforcement Actions and Setting Forth Details in Regard Thereto. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 16, Series of 2013 on first reading. BACKGROUND: The Town Council desires to amend the Vail Town Code to provide for an award of reasonable attorney fees and costs in successful court actions to enforce violations of Section 13-7-8. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 16, Series of 2013 on first reading. ATTACHMENTS: Ordinance No. 16, Series of 2013 11/5/2013 Ordinance No. 16, Series of 2013 ORDINANCE NO. 16 SERIES 2013 AN ORDINANCE AMENDING SECTION 13-7-8 OF THE VAIL TOWN CODE REGARDING RECOVERY OF COSTS IN ENFORCEMENT ACTIONS AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town have been duly elected and qualified; and WHEREAS, the Town Council desires to amend the Vail Town Code to provide for an award of reasonable attorney fees and costs in successful court actions to enforce violations of Section 13-7-8. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 13-7-8.B.2 of the Vail Town Code is hereby amended as follows: 2. A violation of the owner's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three (3) times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be common elements of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the clerk and recorder of Eagle County, and which may be collected by foreclosure on an owner's condominium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association's failure to enforce the owner's personal use restriction shall give the town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the town enforces the restriction, the town shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, and the town prevails in such litigation, as part of its reward to the prevailing party, the court shall award the townsuch party its court costs together with reasonable attorney fees incurred. 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 Council hereby declares it would 11/5/2013 Ordinance No. 16, Series of 2013 have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The 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 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 15th day of October, 2013 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2013. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: Second reading of Ordinance No. 13, Series of 2013, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in the allowable gross residential floor area (GRFA), located at 16 Vail Road (The Sebastian)/ a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. PRESENTER(S): Warren Campbell, Community Development Department and Dominic Mauriello, Mauriello Planning Group ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2013, upon second reading. BACKGROUND: On September 23, 2013, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, to the Vail Town Council for a major amendment to SDD No. 6, Vail Village Inn, to increase the allowable GRFA for Phase IV, with a vote of 5-1-0. On October 15, 2013, the Vail Town Council approved Ordinance No. 13, Series of 2013, upon first reading by a vote of 6-1-0 (Moffet opposed). STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves, with conditions, Ordinance No. 13, Series of 2013, upon second reading. ATTACHMENTS: Memorandum to the Town Council Ordinance No. 13, Series of 2013 11/5/2013 TO: Vail Town Council FROM: Community Development Department DATE: November 5, 2013 SUBJECT: Second reading of Ordinance No. 13, Series of 2013, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in the allowable gross residential floor area (GRFA), located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130021). Applicant: AMPH, LLC, represented by Mauriello Planning Group Planner: Warren Campbell I. SUMMARY The applicant, AMPH, LLC, represented by Mauriello Planning Group, is requesting a second reading of Ordinance No. 13, Series of 2013, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in allowable GRFA, located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2013, upon second reading. III. BACKGROUND On September 23, 2013, the Planning and Environmental Commission forwarded a recommend of approval, with conditions, to the Vail Town Council for a major amendment to SDD No.6, Vail Village Inn, to increase the allowable GRFA for Phase IV, with a vote of 5-1-0. This recommendation was based upon the review of the criteria outlined in the September 23, 2013 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. 11/5/2013 Town of Vail Page 2 On October 15, 2013, the Vail Town Council approved Ordinance No. 13, Series of 2013, upon first reading by a vote of 6-1-0 (Moffet opposed). IV. DEVELOPMENT STATISTICS Should Ordinance No. 13, Series of 2013 be approved, the development statistics in Phase IV (The Sebastian) will change as follows: Development Standard Approved/ Existing Proposed Change Density -Dwelling Units -Fractional Fee Units -Accommodation Units 2 DU 49 FFU 100 AU 2 DU 49 FFU 100 AU No change No change No change Gross Residential Floor Area (GRFA) -AU & FFU (>70%) -DU (<30%) TOTAL 97,788 sq ft (94%) 6,136 sq ft (6%) 103,924 sq ft 97,788 sq ft (93.3%) 6,975 sq ft (6.7%) 104,763 sq ft No change +839 sq ft +839 sq ft Parking 212.39 spaces required (round to 213 spaces) 218 spaces existing 212.39 spaces required (round to 213 spaces) 218 spaces existing No change V. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 13, Series of 2013, upon second reading, the Community Development Department recommends the Council passes the following motion: “The Vail Town Council approves Ordinance No. 13, Series Of 2013, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in the allowable gross residential floor area(GRFA), located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 13, Series of 2013, the Community Development Department recommends the Council applies the following conditions: “1. This SDD major amendment approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. 2. The applicant shall mitigate the employee generation impact created by the addition of 839 square feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. 11/5/2013 Town of Vail Page 3 3. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging. 4. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting a planning certificate of occupancy inspection. 5. At the discretion of the Design Review Board, the roof form above the penthouse upper floor deck can be increased to be greater than an 18 inch eave overhang.” Should the Vail Town Council choose to approve Ordinance No. 13, Series of 2013, the Community Development Department recommends the Council makes the following findings: “Based upon the review of the criteria outlined in the September 23, 2013 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VI. ATTACHMENTS A. Ordinance No. 13, Series of 2013 11/5/2013 Ordinance No. 13, Series of 2013 second reading 1 ORDINANCE NO. 13 Series of 2013 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 16, 2004 WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW AN INCREASE IN ALLOWBALE GROSS RESIDENTIAL FLOOR AREA, LOCATED AT 16 VAIL ROAD (THE SEBASTIAN) / A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn; and WHEREAS, Ordinance No. 7, Series of 2012, amended the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn, to increase the allowable number of dwelling units from one (1) to two (2); and WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 23, 2013 to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 5-1- 0; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8, Vail Town Code, and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHERAS, the Town Council finds that the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and 11/5/2013 Ordinance No. 13, Series of 2013 second reading 2 WHEREAS, the Vail Town Council finds that the special development district 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 WHEREAS, the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote 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; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied; and WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. WHEREAS, all notices as required by the Town of Vail Municipal 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 the development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of this ordinance is to repeal and reenact Ordinance No 16, Series of 2004 to amend the approved development plan for Phase IV of Special Development District No. 6 to increase the allowable gross residential floor area (GRFA). The increase in allowable GRFA will result in and addition to the penthouse dwelling unit. Ordinance No. 16, Series of 2004, is hereby amended as follows (all additions are illustrated with bold italics, deletions are illustrated with strikethrough, and text not affected has been omitted): 11/5/2013 Ordinance No. 13, Series of 2013 second reading 3 Section 2. Amendment Procedures Fulfilled, Planning Commission Report The approval procedures described in Article 12-9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning and Environmental Commission for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn Phase IV, The Sebastian (Vail Plaza Hotel) Section 3. Special Development District No. 6 The Special Development District and the major amendment to the Approved Development Plan for Phase IV are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the goals, objectives and policies of the Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning and Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of standard Public Accommodation zone district requirements. Section 4. Development Standards – Special Development District No. 6, Vail Village Inn, Phase IV, The Sebastian Development Plan – The approved development plan for SDD No. 6, Vail Village Inn, Phase IV, The Sebastian shall include the following plans and materials prepared by Zehren and Associates Inc., dated July 6, 2004 and stamped approved by the Town of Vail , dated July 20, 2004: (as may be further amended by the Town of Vail Design Review Board) A. Site Illustrative Plan B. Site Vignettess Key Plan (noted for “illustration purposes only”) C. Site Vignettes D. Site Plan (revised) E. Level Minus Two F. Level Minus One G. Level Zero H. Level One I. Level One & ½ J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six O. Roof Plan P. Roof Plan (Mechanical Equipment) 11/5/2013 Ordinance No. 13, Series of 2013 second reading 4 Q. Street Sections (Vail Road Elevation/North Frontage Road Elevation) R. Plaza Section (South Plaza Elevation/East Plaza Elevation) S. Building A Elevations T. Building A Sections U. Building B Elevations V. Building B Sections W. Building Height Plan 1 (Absolute Heights/Interpolated Contours) X. Building Height Plan 2 (Maximum Height Above Grade/Interpolated Contours) Y. Pool study (Pool Sections) Z. Vail Road Setback Study AA. Loading and Delivery Plan BB. Street Entry Studies (Vail Road/South Frontage Road) CC. Sun Study DD. Landscape Improvement Plan EE. Off-site Improvements Plan Amended plans prepared by Poss Architecture and Planning, dated September 17, 2013 and stamped approved by the Town of Vail September 23, 2013 (as may be further amended by the Town of Vail Design Review Board) A. Main Level Floor Plan B. Upper Level Floor Plan C. Existing Roof Plan D. Proposed Roof Plan E. Floor Plans Lower Level – Area Calculations F. Floor Plans Upper Level – Area Calcualtions G. Existing North Elevation H. Proposed North Elevation I. North Elevation – Massing Study J. Existing East Elevation K. Proposed East Elevation L. East Elevation – Massing Study M. Existing South Elevation N. Proposed South Elevation O. South Elevation – Massing Study P. Existing West Elevation Q. Proposed West Elevation R. West Elevation – Massing Study S. East Elevaton – Massing Study (Building Stepping) T. Street Section – North Elevation U. Plaza Section – South Elevation V. 3D Photo Simulation – North Elevation W. 3D Photo Simulation – South Elevation 11/5/2013 Ordinance No. 13, Series of 2013 second reading 5 Permitted Uses – The Permitted uses in Phase IV of SDD No. 6 shall be as set forth in Section 12-7A-2, Public Accommodation District, Vail Town Code. Conditional Uses - Conditional uses for Phase IV of SDD No. 6 shall be as set forth in Section 12-7A-3, Public Accommodation District, Vail Town Code. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16, Conditional Uses, Vail Town Code. Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units – 2 Accommodation Units - 100 Fractional Fee Club Units – 49 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) Density – Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase IV shall be as set forward in the Approved Development Plans referenced in Section 4 of this ordinance. Setbacks – Required setbacks for Phase IV shall be as set forth in the Approved Development Plan referenced in Section 4 of this memorandum. The front setback along Vail Road shall be a minimum of 16 feet. Height – The maximum building height for Phase IV shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. For the purpose of SDD no. 6, Phase IV, 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 the Approved Development Plans. Site Coverage – The maximum allowable site coverage for Phase IV shall be as set forth in the 11/5/2013 Ordinance No. 13, Series of 2013 second reading 6 Approved Development Plans referenced in Section 4 of this ordinance. Landscaping – The minimum landscaping area requirement for Phase IV shall be as set forth in the approved Development Plans referenced in section 4 of this ordinance. Parking and Loading - The required number of off-street parking spaces and loading/delivery berths for Phase IV shall be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. In no instance shall Vail Road or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented, or restricted to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the Zoning regulations or ordinances of the Town. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail. Section 5. Approval Agreements for Special Development District No. 6, Phase IV, The Sebastian 1. That the Developer coordinates efforts with the owners of the Gateway Building, Phase II, Phase III and Phase V to create a below ground accessway for loading and delivery to the adjoining properties within the District from the Vail Plaza Hotel to resolve potential loading and delivery concerns. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. The intent of this condition is to create an interconnected underground loading and delivery system accessible to all of Special Development District No.6, Vail Village Inn. 2. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, Vail Road landscape median improvements, etc.) as identified on the offsite improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 3. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan c. A Stormwater Management Plan; 11/5/2013 Ordinance No. 13, Series of 2013 second reading 7 d. A Site Dewatering Plan; and e. A Traffic Control Plan. 4. That the developer records a public pedestrian easement between the hotel and the Phase III Condominiums and between the Phase V Building property lines. The easement shall be prepared by the developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 5. That the Developer records a deed-restriction, which the Town is a party to, on the Phase IV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 6. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 7. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the Developer, in cooperation with the Town of Vail Public Works Department to design and construct a left-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 9. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No.6. Access or use of the facility shall not be unduly restricted for Special Development District No.6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 11/5/2013 Ordinance No. 13, Series of 2013 second reading 8 10. That the Developer executes a Developer Improvement Agreement to cover the completion of the required off-site improvements, prior to the issuance of a building permit. 11. That the Developer records Type III deed-restrictions of each of the required employee housing units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary Certificate of Occupancy. 12. That the required Type III deed-restricted employee housing units not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 13. That the Developer submits a copy of an approved access permit form the Colorado Department of Transportation verifying acceptance of the access points illustrated, as designed, on the Approved Development Plan, dated July 6, 2004. 14. That the Developer shall contribute a one time payment to the Town of Vail in the amount of $35,000 for the East Meadow Drive Art in Public Places archway project, or other Town of Vail approved East Meadow Drive Art in Public Places project, (the "Projects") as a means of mitigating development impacts associated with the construction of the Vail Plaza Hotel. Said payment shall be submitted to the Town of Vail Public Works Department, prior to the issuance of a building permit for the Vail Plaza Hotel. Should the Town fail to commence with the design and construction of the Projects within one year of the date of the issuance of a Temporary Certificate of Occupancy for the Vail Plaza Hotel, the one-time payment of $35,000 shall be refunded to the Developer. Conditions applied by the Planning and Environmental Commission in conjunction with the September 23, 2013 recommendation of approval with conditions: 1. This SDD major amendment approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. 2. The applicant shall mitigate the employee generation impact created by the addition of 839 square feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. 3. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging. 11/5/2013 Ordinance No. 13, Series of 2013 second reading 9 4. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting a planning certificate of occupancy inspection. 5. At the discretion of the Design Review Board, the roof form above the penthouse upper floor deck can be increased to be greater than an 18 inch eave overhang. Section 6. Approval Expiration; Time Limitations The SDD approval time requirements and limitations of Ordinance No.7, Series of 2003, shall be amended to cause this major amendment to become null and void should the Developer fail to receive an approval of a building permit and submit payment and pick up the permit from the Town of Vail Community Development Department by no later than November 15, 2004. The phasing of the construction of the hotel shall not be permitted. The developer must begin construction of special development district amendment within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. Section 7. Applicability The changes contained in this ordinance shall only apply to the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn. Those changes were contained within the documents associated with the Planning and Environmental Commission Major SDD Amendment, PEC13-0021. No other provisions or requirements of the governing ordinance for any other phase of Special Development District No. 6, Vail Village Inn, are amended, altered, or eliminated by this ordinance. Section 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 9. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The 11/5/2013 Ordinance No. 13, Series of 2013 second reading 10 amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 10. 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. Section 11. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council’s finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of October, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2013, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _______________________ Andrew P. Daly, Mayor ATTEST: _________________________ Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in full this 5th day of November, 2013. _______________________ Andrew P. Daly, Mayor ATTEST: _________________________ Tammy Nagel, Acting Town Clerk 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: Resolution No. 14, Series of 2013, a resolution adopting the 2013 Gerald R. Ford Park Master Plan, and setting forth details in regard thereto. PRESENTER(S): George Ruther, Community Development Director and Tom Braun, Principal, Braun Associates, Inc. ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications, or Deny Resolution No. 14, Series of 2013 BACKGROUND: On April 16, 2013, the Vail Town Council instructed town staff to prepare a new master plan for Gerald R. Ford Park. In doing so, the Town Council provided the following direction: The new plan shall be a compilation of the 1974 Vail Plan, 1985 Ford Park Master Plan, 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Update. A series of goals, objectives, policies and actions steps were to be developed to clarify the community's expectations for the Park and guide future decisions about improvements with the Park. The concept of sub area planning within the Park was supported. While the Park was to be planned in its entirety, sub area plans and illustrative graphics were to be used to further clarify opportunities within the respective areas of the Park. The new plan was to incorporate both current improvements already underway within the Park but also capture and articulate future improvement opportunities. The Plan was to have an approximate ten year life span with periodic updates and amendment considerations when needed. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves the proposed 2013 Gerald R. Ford Park Master Plan, as modifidied by the Planning & Environmental Commission, based upon a review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented at multiple public hearings. ATTACHMENTS: Town Council Memorandum Resolution No. 14, Series of 2013 Ford Park Master Plan 11/5/2013 TO: Planning and Environmental Commission and Design Review Board FROM: Community Development Department DATE: October 28, 2013 SUBJECT: A request for a recommendation to the Vail Town Council on the adoption of the 2013 Gerald R. Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC130012) Applicant: Town of Vail, represented by Tom Braun, Braun Associates, Inc. Planner: George Ruther I. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting a recommendation from the Town of Vail Planning & Environmental Commission (the “PEC”) to the Vail Town Council (the “TC”) on the adoption of the 2013 Gerald R. Ford Park Master (the “Plan”), an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road East/Unplatted. Key elements of the new master plan include the following: • Compilation of the previous planning documents • Amended goals, objectives, policy statements and action steps • Sub area plans with recommendations • Expanded park boundary to the Covered Bridge The goal of the master planning effort is to create a plan that maintains the essence of what Gerald R. Ford Park (the “Park”) is today and what was envisioned for the Park in 1974 – a combination of natural open space along the Gore Creek corridor coupled with recreational, social, and cultural uses and facilities that serve the needs of residents and guests of Vail. The 2013 Gerald R. Ford Park Master Plan will provide the town and community with a “guiding document’ for the Park for the next ten years. The primary purpose of the Plan is to define community expectations for the use of and future improvements to the Park and as a resource to assist the Town in the decision- 11/5/2013 Town of Vail Page 2 making regarding capital improvements and/or any proposed changes to the Park. In the end, the Plan is to be one of the many elements that comprise the Vail Comprehensive Plan. II. BACKGROUND On April 16, 2013, the Vail Town Council instructed town staff to prepare a new master plan for Gerald R. Ford Park. In doing so, the Town Council provided the following direction: The new plan shall be a compilation of the 1974 Vail Plan, 1985 Ford Park Master Plan, 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Update. A series of goals, objectives, policies and actions steps were to be developed to clarify the community’s expectations for the Park and guide future decisions about improvements with the Park. The concept of sub area planning within the Park was supported. While the Park was to be planned in its entirety, sub area plans and illustrative graphics were to be used to further clarify opportunities within the respective areas of the Park. The new plan was to incorporate both current improvements already underway within the Park but also capture and articulate future improvement opportunities. The Plan was to have an approximate ten year life span with periodic updates and amendment considerations when needed. III. REVIEW CRITERIA 1. The extent to which the Master Plan furthers the general and specific purposes of the zoning regulations; and Based upon the evidence and testimony presented at multiple public hearings, Staff believes the proposed Gerald R. Ford Park Master Plan furthers the general purposes of the zoning regulations. Staff believes the existing park, the proposed improvements to Ford Park, and the associated updates to the Plan maintains the health, safety, morals, and general welfare of the town and 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. Staff further believes the proposed Master Plan furthers the specific purposes of the zoning regulations. Staff finds the existing park, the proposed improvements to Ford Park, and the associated updates to the Plan continues to: • To provide for adequate light, air, sanitation, drainage, and public facilities. 11/5/2013 Town of Vail Page 3 • To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. • To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. • To promote adequate and appropriately located off street parking and loading facilities. • To conserve and maintain established community qualities and economic values. • To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. • To prevent excessive population densities and overcrowding of the land with structures. • To safeguard and enhance the appearance of the town. • To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. • To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. • To otherwise provide for the growth of an orderly and viable community. Staff also believes the proposed Gerald R. Ford Park Master Plan furthers the purposes of the General Use District. Staff believes the existing park, the proposed improvements to Ford Park, and the associated updates to the Master Plan continues to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Staff believes the existing park, the proposed improvements to Ford Park, and the associated updates to the Master Plan continues to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the General Use District are appropriately located and designed to meet the needs of residents and visitors to Vail, are harmonized with surrounding uses, and, in the case of buildings and other structures, ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 2. The extent to which the master plan 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 Based upon the evidence and testimony presented at multiple public hearings, Staff believes the existing park, the proposed improvements to Ford Park, and the associated updates to the Master Plan are consistent with the following Land Use Plan goals: Goal 1. General Growth/Development 11/5/2013 Town of Vail Page 4 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. 1.12 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. Goal 2. Skier /Tourist Concerns 2.1The community should emphasize its role as a destination resort while accommodating day visitors. 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. Goal 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. 3. The extent to which the master plan demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The 2013 Gerald R. Ford Park Master Plan is a compilation of several previous master planning efforts for Ford Park. The most recent planning document created for Ford Park was the 2012 Ford Park Management Plan Update. Prior to that, it was the 1997 11/5/2013 Town of Vail Page 5 Ford Park Management Plan. In the past 15 years, many of the plan recommendations have been constructed and implemented. The existing planning documents are no longer effective as each still remains in effect yet the documents sometimes provide conflicting direction. Through the compilation of the planning documents, any conflicts in direction are addressed and one, new singular planning document is created. 4. The extent to which the master plan provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The applicant is proposing changes to the goals, objectives, and policy statements of the Ford Park Management Plan as adopted in 2012 and 1997. The applicant is proposing a new master plan to facilitate a variety of park improvements and provide direction for future decision making regarding proposed improvements within the Park. Based upon the evidence and testimony presented at multiple public hearings, Staff believes the updated goals, objectives, and policy statements of the Ford Park Management Plan as adopted in 2012 and 1997 are appropriate and will result in a harmonious, convenient, workable relationship among land uses consistent with the Town’s development objectives. IV. RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed 2013 Gerald R. Ford Park Master Plan based upon a review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented at multiple public hearings. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request to the Vail Town Council; the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval on the adoption of the 2013 Gerald R. Ford Park Master Plan, an assemblage of the 1985 Ford Park Master Plan, the 1997 Ford Park Management Plan, and the 2012 Ford Park Management Plan Amendment, located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed master plan, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Section III of October 28, 2013 memorandum to the Planning & Environmental Commission, and the evidence and testimony presented at multiple public hearings, the Planning and Environmental Commission finds: 11/5/2013 Town of Vail Page 6 1. That the maser plan 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 master plan furthers the general and specific purposes of the zoning regulations; and 3. That the master plan promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” V. ATTACHMENTS A. Proposed 2013 Gerald R. Ford Park Master Plan 11/5/2013 1 Resolution No. 14, Series of 2013 RESOLUTION NO. 14 Series of 2013 A RESOLUTION ADOPTING THE 2013 GERALD R. FORD PARK MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on April 16, 2013, the Vail Town Council instructed Town Staff to prepare a new master plan for Gerald R. Ford Park; WHEREAS, the new master plan was to be a compilation of previous planning efforts for the Park and the articulation of recommendations for new improvements with the Park; WHEREAS, the new master plan is intended to be an element of the Vail Comprehensive Plan; WHEREAS, the new master plan is intended to have a ten year life span with periodic updates and amendments when needed; WHEREAS, the primary purposes of the new master plan are to protect the Park from over development, to define expectations for the use of the Park, and to assist in decision-making regarding capital improvements and other changes proposed in the Park; WHEREAS, the new master plan was prepared in collaboration with the Vail Recreation District, Vail Valley Foundation, Betty Ford Alpine Gardens, Vail Economic Advisory Council, Art in Public Places Board, Planning & Environmental Commission and many other interested citizens from the Vail community; WHEREAS, on July 22, August 12, and August 26, and September 9, 2013, the Town of Vail Planning and Environmental Commission held public hearings on an application to adopt a new master plan for Ford Park; WHEREAS, on October 28, 2013, the Town of Vail Planning & Environmental Commission forwarded a recommendation of approval, with modifications, of the 2013 Gerald R. Ford Park Master Plan amendments to the Vail Town Council; WHEREAS, the Vail Town Council finds and determines that the new master plan recommendations are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the new master plan 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 11/5/2013 2 Resolution No. 14, Series of 2013 and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1. The 2013 Gerald R. Ford Park Master Plan is hereby adopted as depicted in Exhibit A attached hereto. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Town Council of the Town of Vail held this 5th day of November, 2013 __________________ Andrew P. Daly, Mayor ATTEST: _________________________ Tammy Nagel, Acting Town Clerk 11/5/2013 2013 Gerald R. Ford Park Master Plan An Element of the Vail Comprehensive Plan November, 2013 Resolution No. 14, Series 2013 11/5/2013 2013 Gerald R. Ford Park Master Plan Prepared for: The Town of Vail Prepared by: Town of Vail Department of Community Development and Braun Associates, Inc. ACKNOWLEDGEMENTS: Vail Town Council Vail Planning and Environmental Commission Andy Daly, Mayor Bill Pierce, Chair Ludwig Kurz, Mayor Pro-tem Henry Pratt, Co-Chair Kerry Donovan John Rediker Susie Tjossem Susan Bird Margaret Rogers Pam Hopkins Greg Moffet Michael Kurz Kevin Foley Luke Cartin Vail Recreation District Vail Valley Foundation Art in Public Places Betty Ford Alpine Gardens 11/5/2013 TABLE OF CONTENTS 1. Introduction 1 2. Site Assessment/Existing Conditions 5 3. History of the Park and Previous Planning Efforts 9 4. Goals, Objectives, Policies and Action Steps 18 5. Ford Park Sub-Areas 35 6. Illustrative Plan 53 7. Park Management 62 8. Appendix 64 Due to the volume of material, the information listed below is provided in a separate document, the 2013 Ford Park Master Plan Supplemental Appendix. • Ordinance No. 6, Series of 1973, authorizing the purchase (by condemnation) of the property known as the Antholz Ranch. • The Vail Plan, 1974 • Resolution No. 1, Series of 1977, naming the property commonly known as the Antholz Ranch to Gerald R. Ford Park. • The Gerald R. Ford Park and Donovan Park Master Plan Development Final Report, 1985 • Resolution No. 27, Series of 1987, designating the seven acres around the Nature Center as an area to be preserved as an example of the Gore Valley’s natural history. • Resolution No. 44, Series of 1988, amending the 1985 Master Plan to add four tennis courts and to change the location of the aquatics center. • Ford Park Management Plan, 1997 • Ford Park Management Plan Update, 2012 • BFAG Building – Site Evaluation Matrix, 2013 • Betty Ford Alpine Gardens – Site Evaluation, August 15, 2013 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 1 2013 Gerald R. Ford Park Master Plan November 2013 “Whereas, President Gerald R. Ford has brought to the Town of Vail his interest and encouragement; has shown through his private life and public life a commitment to recreation, the environment and places set aside therefor; and believes that a statement of the community’s appreciation and respect for Gerald R. Ford is appropriate and called for; that the property commonly referred to as the Antholz Ranch is hereby named the Gerald R. Ford Park.” Resolution approved by Vail Town Council, January 18, 1977 Chapter 1 - INTRODUCTION The Town of Vail acquired the 38 acre Anholtz Ranch in 1973 for the stated purpose of “improving the quality of life in the community.” Since that time the property has increased in size to more than 47 acres and has evolved into one of Vail’s most widely used and highly cherished assets. The evolution of the Antholz Ranch to what has become Ford Park was originally contemplated by one of Vail’s earliest planning efforts: “The intended use program is a comprehensive one and eventually the park will include an impressive number of facilities in addition to extensive open turf space and the delight of the natural earth forms and mature tree growth adjacent to Gore Creek.” The Vail Plan, 1974 The goal of the 2013 Gerald R. Ford Park Master Plan (the Plan) is to maintain the essence of what Ford Park (the Park) is today and what was envisioned for the Park in 1974 – a combination of natural open space along the Gore Creek corridor coupled with recreational, social and cultural uses and facilities to serve the needs of residents and guests of Vail. The primary purposes of this Plan are to protect the Park from over development, to define expectations for the use of the Park, and to assist the Town in decision-making regarding capital improvements and other changes proposed to the Park. Only those changes deemed to be in compliance with applicable elements of this Plan will obtain approvals from the Town. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 2 The Town has completed four planning efforts for the Park. These plans have directly influenced the development of Ford Park and each has contributed to the role the Park plays in the community. These previous planning efforts were: 1974 Vail Plan – While the primary purpose of this plan was to address Vail’s growth and development, it did include a chapter on recreation and defined at a very broad level the role Ford Park could play in providing recreational, cultural and community-oriented uses. 1985 Gerald R. Ford Park/Donovan Park Master Plan Development Final Report – At the time this plan was prepared; ballfields, tennis courts, and parking had already been developed and construction of an amphitheater had commenced. The purpose of this plan was to “guide the future development of the park and establish guidelines for the implementation of improvements.” 1997 Ford Park Management Plan – This plan was initiated in response to several development proposals for the Park. The plan was a product of extensive focus group and public input sessions and in essence served as an amendment to the 1985 plan. 2012 Update to the Ford Park Management Plan – This plan was done to acknowledge improvements proposed for the Park that were initiated when Vail voters approved re-allocating a portion of the Convention Center Funds to Ford Park. Summaries of these previous plans are found in Chapter 3. While the impetus for these planning efforts varied, each involved extensive community input, debate, and at times, controversy. These planning processes revealed the community’s intense passion for the Park as town staff, elected officials and the public worked to find the appropriate levels of development and activity for the Park. The 2013 Gerald R. Ford Park Master Plan presents a compilation of these previous planning efforts along with new direction and ideas that have evolved from this latest planning effort. The primary objectives of this Plan are to: • Incorporate key elements of previously completed plans for Ford Park into one document, specifically those guiding principles that have successfully shaped the development of the Park from its inception, 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 3 • Establish clear expectations for the future use, development and management of the Park, • Define effective tools for decision-making regarding the future of the Park, and • Provide a single, comprehensive document to serve as the master plan for the Park. With the adoption of this Plan, previous plans for Ford Park will be archived and no longer used as guides for future decision-making or planning for the Park. The 2013 Gerald R. Ford Park Master Plan will serve as the Town’s sole planning document for the Park. The development of Ford Park has evolved over a number of decades. While the majority of the Park is developed, and notwithstanding the most recent phase of improvements to the Park, there is no reason to think that the Park will not continue to evolve in the future. This Plan was prepared with the expectation that it will provide the community with a document to guide the use and development of the Park for the next ten years. That said, it is likely that during this time new ideas or issues not addressed by this Plan will arise, be they proposals for enhancements to existing facilities, the development of new facilities, or new uses for the Park. This is to be expected as the needs of the community will change over time and as they do changes to the Park may be appropriate. As dialogue and debate occurs regarding any changes to the Park, it is critical that decisions made by the Town maintain the essence of what Ford Park is, why it was established, and how it provides environmental, recreational, educational, cultural or social benefits to the community. The 2013 Gerald R. Ford Park Master Plan was adopted by Resolution No. 14, Series 2013 by the Vail Town Council following recommendation from the Vail Planning and Environmental Commission. Future amendments to this Plan may be initiated by the Town Council, the Planning and Environmental Commission, or members of the community. Any such amendment proposal shall be reviewed by the Vail Town Council following recommendation from the Vail Planning and Environmental Commission. Elements of this Plan This Plan includes the following chapters: 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 4 1. Introduction The section provides an introduction to the plan, the purpose of this planning effort and outlines the major elements of the 2013 Gerald R. Ford Park Master Plan. 2. Site Assessment and Existing Conditions This section explains how site and surrounding conditions influenced the initial planning and design of the Park. . 3. History of the Park and Previous Planning Efforts The 1997 Plan has provided the basis for this history and background of the Park and the summaries of the four previous planning efforts that have taken place. Site plans of the Park produced during these planning efforts are to provide a history and context for how the Park has evolved over the years. 4. Goals, Objectives, Policies and Action Steps While the 1997 Plan provided a framework for this section, the goals, objectives, policies and actions steps have been refined to better express the current vision for the Park. 5. Ford Park Sub-Areas Seven sub-areas are used to describe specific areas of the Park, their unique features, the role they play in the Park, how they will be managed and provide recommendations for improvements that could occur in the future. 6. Illustrative Plan The 2013 Illustrative Plan is a refinement of the 2012 Illustrative Plan; it depicts existing improvements and at a general level describes improvements that may occur in the future. 7. Park Management This chapter provides a brief summary of the various management and operational aspects of the Park that are managed by the Town of Vail. 8. Appendix Documents relative to the history of the Park and previous park planning efforts are provided in a separate document, the 2013 Ford Park Master Plan Supplemental Appendix. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 5 Chapter 2 - SITE ASSESSMENT/EXISTING CONDITIONS Located immediately east of Vail Village, the proximity of Ford Park to Vail Village and the convenient access it affords residents and guests is one of the Park’s most significant attributes. This is no coincidence as the 1974 Vail Plan documented how the location of Ford Park was a key factor in it being purchased for a community park and in defining the initial vision for the Park to be a major center of cultural and recreational activity for the community. “all properties of significant size within the Town limits were researched and the recommendation made that the Anholtz property, adjacent to development at the east end of the Village, was the only site satisfying the recreational uses anticipated. Selection criteria included such factors as ease of walking distance from the Village, adequate space within a single parcel for large, meadow-like turf areas, proximity to the Frontage Road for simple and direct access by autos or buses, natural beauty such as the Gore Creek provides, and directness of connection to major bicycle and pedestrian trails.” The Vail Plan, 1974 When purchased, the original Anholtz property was +/-38 acres. Today, Ford Park is approximately 47.1 acres. The four areas of the Park and their acreages are depicted below: Ford Park, 2013 In January of 1977, Resolution No. 1, Series of 1977, was passed re-naming the Anholtz Ranch to the Gerald R. Ford Park. A copy of this resolution is included in the 2013 Ford Park Master Plan Supplemental Appendix. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 6 Existing Conditions In the past forty years many improvements have been made to Ford Park. Foremost among these are athletic fields, the Gerald R. Ford Amphitheater, the Betty Ford Alpine Garden, a children’s playground, the Vail Nature Center, the Vail Tennis Center and parking and transit facilities. Infrastructure necessary to serve the Park is largely in place and vehicle and pedestrian access to and within the Park has been established. With the exception of the Gore Creek Corridor, the majority of the Park has been improved with buildings, facilities or other related site improvements. Access and circulation is a key factor in how the Park functions. On-site parking is provided, but in keeping with the original concept for the Park the amount of parking is limited to /-200 spaces along the Frontage Road and +/-65 spaces at the Soccer Field. Parking for major Park events is provided in the Town’s parking structures. Access from these structures to the Park is provided by pedestrian corridors and the Town’s transit system. Pedestrian access is provided via the Gore Creek Trail, a sidewalk along the South Frontage Road and by two bridges in the Golden Peak neighborhood. The Park’s main transit stop is located on the South Frontage Road with additional stops on Vail Valley Drive. These stops are served by the in-town shuttle and by dedicated express bus service during special events. Site Characteristics and Park Design Physical characteristics of the land and the relationship of the Park to surrounding uses and facilities influenced the earliest design concepts for the Park. Significant influences in the early design of the Park include the South Frontage Road (that establishes the north boundary of the Park), Gore Creek and adjoining wetland and riparian habitat (that run the entire length of the Park), site topography, vegetation and views. Topography of the main portion of the park between the Frontage Road and Gore Creek includes a prominent and well-defined grade change that creates an “upper bench” and “lower bench”. Over time this grade change, created in large part by grading from the construction of Interstate 70, became a point of demarcation for the predominantly active recreation uses on the Upper Bench and the cultural and passive recreation uses on the Lower Bench. Much of Ford Park was initially developed without the benefit of a detailed design or development plan. The 1974 Vail Plan did, however, set the stage for the future of the Park by defining a number of basic design parameters for how the Park could be 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 7 developed. There are many examples of how these basic design parameters and existing site characteristics directly influenced the design and development of the Park. Parking and Transit These facilities were located on flat terrain immediately adjacent to the South Frontage Road and on the perimeter of the Park. This location minimizes the impacts of vehicles on other areas of the Park. Athletic Fields Fields were located on what at that time was the Park’s broadest expanse of relatively flat terrain. Not only did the fields “fit” on this portion of the Park, the flat terrain minimized the need for site grading and associated site disturbance. The fields also provide a buffer between highway noise and other quieter areas of the Park. The Amphitheater The Amphitheater essentially straddles the grade transition between the Upper and Lower Bench. This location allowed the Amphitheater to utilize sloping terrain to create terraced seating areas within the Amphitheater. This location also affords stunning views to the Gore Range. Nature Center The Nature Center is located within the relatively undeveloped Gore Creek Corridor. The natural character of the creek corridor provides a fitting location for the environmental education programs offered by the Nature Center. The 1985 Ford Park Master Plan spoke eloquently about the philosophy of good park design and the role site conditions and characteristics should play in the design process. “Compatibility of the park development within the environment is the most significant aspect of the master plan. The existing landscape is an integral part of each plan and not merely a backdrop against which the plans are staged. This is essentially necessary with parklands, for there we expect the landscape to be stable, pleasant and above all, functional. Accordingly, the planning and design process was founded on a sound understanding of the features and dynamics of the park site environment. Just as a tapestry is woven from many threads of different colors, textures and strengths, so the landscape is composed of a variety of components such as 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 8 slopes, soils, plant communities and aquatic features. Each of these must be identified and described, but more than that, the role of each must be understood as a dynamic entity so that limitations and opportunities can be properly understood. This involves the translation of forms, such as slopes and soil type, into processes, such as runoff and soil leeching, and the definition of critical inter- relationships among them.” 1985 Ford Park Master Plan Integrating improvements with the landscape in order to create a pleasant and functional park should be the goal of any park design. While developed without the benefit of a comprehensive, detailed design plan, the major elements of the Park have been located and designed in a manner that is very responsive to site conditions and other influences. Ford Park today reflects many elements of the original vision for the Park as outlined in the 1974 Vail Plan and as further defined by the 1985 Ford Park Master Plan. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 9 Chapter 3 - HISTORY OF FORD PARK and PREVIOUS PLANNING EFFORTS During the past forty years the Town of Vail has completed four major planning efforts for Ford Park. This chapter summarizes the purpose, process and outcome for each of these planning efforts and provides information on the history and development of Ford Park. Ordinance No. 6, Series of 1973 (a copy of which is included in the 2013 Ford Park Master Plan Supplemental Appendix), authorized the purchase (by condemnation) of the property known as the Antholz Ranch. At that time the 38-acre park site represented the last remaining parcel of undeveloped land central to use by all residents and visitors of the Vail community. The ordinance listed a variety of possible uses for the property including the following: • for park and greenbelt purposes, • to preserve the natural and physical character of the area to be condemned, • for bicycle, equestrian and hiking trails, • for children’s playground, • for performing arts and civic center, • for a ski lift and related facilities, • for picnic areas, • for recreational facilities such as tennis courts, swimming pools, gymnasium, ice skating rink, • for theater and assembly halls, convention center, public schools, • for possible exchange or trade of condemned land, or a portion thereof, with other property which may exactly meet the needs of the town, and • to construct and maintain water works, transportation systems, and other public utilities relating to public health, safety, and welfare. The four major planning efforts for Ford Park include: The Vail Plan, 1974 The Vail Plan was completed in August of 1973 and adopted in 1974 (a copy of this plan is found in the 2013 Ford Park Master Plan Supplemental Appendix). In the early ‘70’s Vail pressures from growth and development were radically changing the character of Vail and the primary purpose of the Vail Plan was to help the town respond to growth pressures with the goal of “creating a recreationally-based community of individuality, beauty and pleasure that can be unique in the United States.” The plan included a chapter on the town recreation system. The Antholz Ranch property was 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 10 mentioned as “the only site capable of satisfying the anticipated recreational needs of the community”. The Vail Plan’s vision for the Antholz Ranch was to create a “major community park- cultural center.” A wide range of potential uses for the park were identified: • a place for showing and creating art, crafts, etc., • an indoor theater and an 800 seat outdoor amphitheater, • meeting rooms and community workshops, • wide outdoor terraces and natural landscapes • indoor ice arena, • tennis and handball courts • children’s play facilities and space for family activities, • headquarters for the Annual Vail Symposium and local television, • a possible location for an ecologium (nature center), and • a grammar school. As a balance to this extensive program of uses and facilities for the Park, the Vail Plan contemplated the preservation of the Gore Creek corridor as a passive, “quiet place” to enjoy the natural beauty of the site. The plan called for 200 surface parking spaces to meet the daily parking needs of the park. Parking for major events was planned to be provided in the Vail Transportation Center with town transit and various trails and bikeways providing alternative means to access the Park. The Vail Plan also depicted a potential road connection at the east end of the park that would link the Frontage Road with Vail Valley Drive. While the Vail Plan did not include a detailed design plan for the Park, the conceptual site plan below provided a vision for how the Park could be developed. A number of existing park improvements reflect some of the basic concepts from the 1974 Plan. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 11 Conceptual Plan for Ford Park, Vail Plan, 1974 Gerald R. Ford Park and Donovan Park Master Plan, 1985 In August of 1985 the Gerald R. Ford Park and Donovan Park Master Plan Development Final Report was adopted by the Town Council (a copy of this plan and Resolution No. 19, Series of 1985 is found in the 2013 Ford Park Master Plan Supplemental Appendix). When the 1985 planning process was initiated, improvements in the Park were limited to athletic fields, tennis courts and parking. A foundation for an amphitheater was in place but this project was not yet completed. At that time the very eastern end of the Park along the Frontage Road was utilized as a snow-dump. The purpose of the 1985 plan was to prepare a more detailed plan for the future development of the park and to establish guidelines for the implementation of park improvements. The master planning process included a Recreation Needs Analysis Survey and extensive community input via workshops and community meetings. The outcome of these efforts was an indication of the type and extent of improvements the community wanted to see in the Park. Alternative site plans were considered and a final, preferred plan was selected. This final plan included a swimming pool complex, “neighborhood park improvements” (on the Lower Bench), a pond/skating rink (on the Lower Bench), and the realignment of the eastern softball field. Development of the neighborhood park improvements on the lower bench were completed in 1988 and 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 12 included restrooms, playground area, open turf area, picnic facilities, and the west access road. The first major structure to be constructed in the Park, the Gerald R. Ford Amphitheater, was completed in July of 1987 and shortly thereafter a Parking and Transit Study for the Amphitheater was completed. This study made five recommendations: 1. the Village Structure should be considered the major parking facility for Ford Park (with improvements to the signs, sidewalks, and bus service being necessary); 2. extend shuttle bus service to the soccer field; 3. disallow Frontage Road parking; 4. construct a vehicle turn-around and passenger unloading area at Ford Park; and 5. do not schedule concurrent events in the Park. These recommendations validated many of the recommendations for parking and transit outlined in the 1974 Vail Plan. Ford Park Master Plan, 1985 The 1985 Plan identified a location for an alpine garden and in 1989 the first phase of the Betty Ford Alpine Garden was completed. Since that time a number of expansions to the gardens have been completed, including the Perennial Garden, the Meditation Garden, and the Alpine Rock Garden. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 13 Following approval of the 1985 Master Plan the following steps were taken regarding the planning of Ford Park: Resolution No. 27, Series of 1987, was passed on November 3, 1987. This resolution designated the seven acres around the Nature Center as an area to be preserved as an example of the Gore Valley’s natural history. Vehicular traffic was to be restricted and certain policies and procedures for preservation and maintenance of the grounds and facilities were established by the resolution. (a copy of resolution No. 27, Series of 1987, is included in the 2013 Ford Park Master Plan Supplemental Appendix. In December of 1988, the Vail Metropolitan Recreation District (Now the Vail Recreation District) and the Town of Vail, requested an amendment to the 1985 Ford Park Master Plan. The two phase amendment was adopted by Council as Resolution No. 44, Series of 1988. A copy of the resolution is included in the 2013 Ford Park Master Plan Supplemental Appendix. Phase one of the amendment was to allow the construction of four additional tennis courts. Phase two of the amendment changed the proposed location of an aquatic facility to the eastern softball field. Funding of the aquatic facility was rejected by voters in a special election on February 6, 1989. Vail Town Council was presented with a petition to delete all reference to an aquatics center from the Ford Park Master Plan in April of 1990. No record of Council action on the petition was found. While the tennis center building is not mentioned in the Master plan amendment, the VRD did receive a Conditional Use Permit for the project on May 8, 1990. The Vail Village Master Plan, adopted in 1990, addresses Ford Park as a specific study area. This plan acknowledged the use of the Park to accommodate overflow skier and local parking needs. It recommended that the Park be studied further as a site for additional skier parking to serve expansion of the eastern side of Vail Mountain. Action Step #5 under Goal #5 states: Study the feasibility of an underground (recreation fields would remain) parking structure in Ford Park. The Parking and Circulation Plan (an element of the Vail Village Master Plan), identified the western portion of the upper bench for potential parking beneath the Park, and called for separated bike/pedestrian ways along the South Frontage Road and Vail Valley Drive. The Vail Transportation Master Plan, completed in 1993, states that the existing Ford Park Parking area (at the east end of the Park) should be considered for a possible 2-level parking facility with the second level below existing grade. Ford 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 14 Park and the athletic field parking area are also listed as two possible sites for over-sized vehicles if the lot east of the Lionshead Structure becomes developed. Ford Park Management Plan, 1997 The planning process that resulted in the 1997 Ford Park Management Plan process was initiated in June of 1995 in response to several development proposals which had been formally and informally discussed for the Park. These development proposals included an Educational Center for the Betty Ford Alpine Garden, a cultural/performing arts center, expansion of the tennis facility, athletic field fencing, and a community parking structure. This planning process was also seen as a means for addressing park management issues such as parking deficiencies, Frontage Road access, pedestrian access and circulation, access for the elderly and mobility impaired, utilization of the lower bench, conflicts between uses within the Park, conflicts with adjacent property owners, and the delineation of financial responsibilities. At the time the project was authorized the Town Council expressed concern that a new master plan for Ford Park could result in an excessive amount of new development. In response, staff noted the intention of the project was to create a management plan as a means to adequately and consistently evaluate development proposals, with the goal of limiting development and protecting the character of the Park. Park leaseholders, two neighborhood representatives and town staff served as the Stakeholder Group for the planning process and a third party facilitator was retained to coordinate this effort. The Stakeholder Group developed alternative design solutions addressing parking, vehicular access, Frontage Road improvements, additional sports facilities and management policies. These plans were presented to the public in an open house at the Gerald R. Ford Amphitheater in June of 1996. The open house presentation was a turning point in the process of developing the Management Plan. Several residents were alarmed by the alternatives included in the presentation and initiated a grass-roots movement to place a referendum on any future expansion/development within the Park. This strong public reaction, combined with a lack of closure within the Stakeholders Group, prompted the Town Council to revise the process to include more community involvement. Three Focus Group meetings and public input sessions were held throughout the fall of 1996. The results of the focus groups and public input sessions and a preliminary master plan framework were presented to the Planning and Environmental Commission and the Town Council in late 1996. The PEC and Town Council directed staff to proceed with drafting the management plan as an amendment to the 1985 Ford Park Master Plan 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 15 based on the input received and presented. The management plan was adopted in April of 1997. Major elements of the plan were six goal statements along with objectives, policies and actions steps intended to define the future direction for the Park. The 1997 Plan also included an Illustrative Plan that identified a number of future improvements. Foremost among these was identifying a site next to the Soccer Field parking lot for an Educational Center for the Betty Ford Alpine Garden. Following approval of the 1997 Management Plan the following related actions were taken regarding the planning of Ford Park: Goal #4 of the Vail Village Plan Master Plan (as amended in 1998) addressed the preservation of “existing open space areas and expansion of green space opportunities.” An action step associated with this goal is to “explore the feasibility of expanding Ford Park to the west to Vail Valley Drive and/or Slifer Plaza along the Gore Creek stream tract to provide improved pedestrian and handicapped access to the Park.” The 2009 Vail Transportation Master Plan identified a wide range of roadway improvements designed to accommodate traffic levels anticipated to meet 2025 demands. One of these improvements contemplates a roundabout at the west end of Ford Park to “serve as a means of “u-turning” (eastbound to westbound) and to potentially serve a future parking structure.” 2012 Management Plan Update In 2012 the 1997 Ford Park Management Plan was updated to reflect numerous improvements proposed for the Park. Plans to improve the Park were initiated when Vail voters approved re-allocating a portion of the +/-$9,000,000 Convention Center Funds to Ford Park. The other stakeholders in the Park also participated in the funding of these improvements. The 2012 Update maintained the general direction for the Park as established by the 1997 Management Plan. With only a few exceptions, the 2012 Update suggested no significant changes to the uses, facilities and activities that currently take place in the Park. One exception was the 2012 Update included the development of an Education Center for the Betty Ford Alpine Garden along Gore Creek adjacent to the main entry to the Gardens. All of the existing major uses in the Park – athletic fields, passive recreation, the Gerald R. Ford Amphitheater, the Alpine Gardens and Tennis Center were to remain in place. The Update did not change any of the six major goal 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 16 statements (or related objectives, policy statements and action steps) in the 1997 Management Plan. 2012 Ford Park Management Plan Update The most significant changes in the 2012 Update are found in the Illustrative Plan chapter of the Plan. The Illustrative Plan provided conceptual site plan diagrams and narrative explanations of improvements suggested for the Park. Many of these improvements were first identified in the 1997 Plan, others evolved out of discussions with the Town Council, stakeholders and the community during the winter of 2012. Many of these improvements were initiated in 2012 and 2013. Foremost among them were the major re-modeling of the Gerald R. Ford Amphitheater, re-construction of East Betty Ford Way, improvements to the parking and transit area, expansion and re- configuration of the athletic fields and new concession and storage buildings associated with the fields. A copy of the 2012 Management Plan Update is found in the 2013 Ford Park Master Plan Supplemental Appendix 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 17 Time Line of Ford Park Activities: April 1973 Condemnation of Anholtz Ranch, Ordinance 6, 1973 August 1973 Completion of Vail Plan January 1977 Anholtz Ranch named Gerald R. Ford Park, Resolution 1, 1977 August 1985 Completion of Ford/Donovan Park Master Plan, July 1987 Amphitheater construction completed August 1987 Alpine Demonstration Garden completed November 1987 Preservation of Nature Center, Resolution 27, 1987 December 1987 Vail Valley Foundation lease signed November 1988 Lower Bench improvements completed December 1988 Ford Park Master Plan amendment by VRD, Resolution 44, 1988 December 1988 Service agreement with VRD, Resolution 46, 1988 May 1989 Tennis Center receives Conditional Use Permit July 1989 Alpine Perennial Garden completed January 1990 Completion of Vail Village Master Plan February 1990 Aquatic Center rejected by voters in special election April 1990 Council petitioned to delete Aquatic Center from Master Plan May 1990 Tennis Center construction completed June 1991 Alpine Meditation Garden completed April 1993 Completion of Vail Transportation Master Plan December 1993 Vail Recreation District agreement renewed June 1994 Vail Alpine Garden Foundation license agreement signed. June 1995 Town begins Ford Park Management Plan October 1996 Council allows Vail Alpine Garden Foundation to proceed through process with Educational Center plans at Soccer Field parking lot April 1997 Ford Park Management Plan adopted 1999 Lease with Vail Valley Foundation renewed 2008 Lease with Vail Recreation District renewed 2009 Vail Transportation Plan Update completed November 2011 Voters approve use of Conference Center Funding for Ford Park Improvements May 2012 Completion of 2012 Update to Ford Park Management Plan 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 18 Chapter 4 - GOALS, OBJECTIVES, POLICIES AND ACTION STEPS This plan includes six statements that convey the community’s goals for Ford Park. These goal statements provide broad direction on the preservation of the Park, how the Park should be used, vehicles, pedestrian circulation, coordination between park users and financial considerations relative to operations and capital improvements. Each goal statement includes a series of objectives, policies and action steps. Collectively these statements reflect input from the Town Council, the community and leaseholders during the 2013 master plan update process. These statements will be used to provide guidance in decision-making on the management and use of the Park. The goals, objectives and policies of this Plan will be considered during the review process for any new development, changes or improvements proposed for the Park. Only those proposals deemed to be in compliance with these statements (and other applicable elements of this Plan) will gain approvals. Project proposals deemed to not comply with these statements and other applicable elements of this Plan will be denied. This chapter includes thirty-six action steps. In some cases action steps involve a single, defined task intended to implement an objective or policy statement. An example of this would be initiating refinements to the park design guidelines specific to Ford Park. Other action steps involve on-going tasks. An example would be the coordination and management of events in the Park. The Community Development Department, with participation from the Public Works Department, will prioritize action steps and present recommendations annually to the Planning and Environmental Commission regarding that year’s work program for implementing action steps. The Planning and Environmental Commission will provide a recommendation that will be forwarded to the Town Council who will make final decisions on the work program. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 19 Goal #1: Protect the natural environment along the Gore Creek corridor and ensure that any new use or building within the Park does not adversely affect the character and quality of the Park or the overall experience of park users. Objective 1.1: Limit uses and future development to that which is consistent with these goals, objectives and policies and is consistent with the Ford Park Sub-Areas and Illustrative Plan. Policy Statement 1: Maintain the variety of uses and facilities currently located within the Park. Policy Statement 2: Proposals for new (or changes to existing) facilities or uses that would displace existing public uses will not be permitted unless there is either a compelling public interest or adequate alternative facilities can be provided. Objective 1.1 Action Steps: Action Step 1.1.1: Draft a new ordinance to exclude those uses listed in Ordinance No.6, Series of 1973, now considered to be inappropriate, and to redefine the allowable uses within Ford Park. The following uses that are allowed and prohibited for Ford Park shall take precedence over Section 12-9C-2 of the Vail Town Code concerning the General Use Zone District: Allowed Uses Park and greenbelt Bicycle and hiking trails Children’s playground Active recreation Passive recreation Outdoor amphitheater Botanical gardens Environmental, educational, and historical centers Picnic areas Recreation and athletic facilities Public utility easements Parking (surface parking/structured parking) Administrative offices for the operation of uses occurring within the Park Public Art Display 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 20 Concerts and Special Events Venues Prohibited uses Ski lift and related facilities Civic center, convention/conference center, public schools, gymnasium, and assembly hall Equestrian trails Type III and IV employee housing Action Step 1.1.2: Review legal descriptions of existing lease areas for the Vail Recreation District, the Vail Valley Foundation and the Betty Ford Alpine Garden and modify, as deemed necessary, so legal descriptions correspond with existing and proposed improvements and uses. Objective 1.2: Maintain all facilities and uses in the Park at a high level of quality and establish appropriate review procedures, review criteria and design standards for evaluating any new development proposals or other proposed changes to Park are clearly established. Policy Statement 1: Any proposed development or change to Park facilities or uses shall conform to the 2013 Ford Park Master Plan, including but not limited to: • Goals, Objectives and Policy Statements, • Sub-Area Plans, and • Illustrative Plan. Policy Statement 2: Any new development or change to existing Park facilities shall be reviewed for compliance with Section 12-11-6 Park Design Guidelines of the Town of Vail Municipal Code, as well as other applicable Town regulations. Policy Statement 3: Any proposed development or change to Park facilities or uses shall provide a needed environmental, recreational, educational, cultural or social benefit to the community. Policy Statement 4: Maintain and operate existing facilities, uses and functions within the Park at a high standard of quality reflective of the Vail Brand. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 21 Objective 1.2 Action Steps: Action Step 1.2.1: With participation of all Park stakeholders, Town staff to prepare standards which outlines expectations regarding the appearance, maintenance, and operation of facilities within the Park. Action Step 1.2.2: Evaluate the park design guidelines in Section 11-12-6 of the Vail Town Code and modify as necessary to address design considerations specific to Ford Park. Objective 1.3: Preserve and protect the environmentally sensitive areas along the Gore Creek Corridor. Policy Statement 1: Uses and improvements within the Gore Creek Corridor shall be limited to only those prescribed in the Gore Creek Preservation Sub- area. Policy Statement 2: No new buildings should be permitted within the Gore Creek Preservation Sub-area. Policy Statement 3: Any new improvements within the Gore Creek Corridor shall respect the 100-year floodplain and minimize impacts to wetland or riparian habitats. Objective 1.3 Action Steps: Action Step 1.3.1: Evaluate the merits of strengthening preservation controls within the Gore Creek Preservation Sub-area via a conservation easement or the Natural Area Preservation Zone District “Open Space” designation. Action Step 1.3.2: Inventory existing conditions of the creek bank and vegetation within the Gore Creek corridor, initiate programs to stabilize or restore these areas as may be necessary. Objective 1.4: Utilize Ford Park as a showcase for environmental sensitivity and sustainability. Policy Statement 1: Encourage all lease holders and events at the Park to implement comprehensive recycling programs. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 22 Policy Statement 2: Sustainable design and environmentally “friendly” materials and construction methods be utilized on all new development within the Park. Policy Statement 3: Maintain, protect and enhance the environmental character of natural open space areas. Policy Statement 4: New improvements within the Park and the ongoing management of the Park should be done using sound environmentally sensitive practices. Objective 1.5: Limit the number and scale of buildings and structures within the Park to no more than necessary to meet the needs of park operations and to provide appropriate services and facilities to park users. Policy Statement 1: As an alternative to new buildings, encourage shared or joint-use buildings and/or facilities among Park lease-holders. Policy Statement 2: The design of new buildings or structures shall be integrated with the land with a subtle, understated, low-profile in appearance so as to not dominate the Park’s landscape; “iconic” architecture or building designs that may be visually distracting are not appropriate. Policy Statement 3: Park stakeholders may have administrative office space within the Park, provided that such space is limited in size to no more than what is necessary only for the management and operation of facilities and uses located within the Park. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 23 Goal #2: Provide open space, facilities, and programs within Ford Park to meet the passive and active recreational, educational, social and cultural needs of residents and guests of Vail. Objective 2.1: Provide open space areas within the Park for the passive enjoyment of nature and to reinforce the Park’s connection to the natural environment. Policy Statement 1: Maintain the Gore Creek Preservation Sub-area for the “quiet enjoyment of nature”, and limit uses and activities within this area. Policy Statement 2: The primary use of the open turf area within the Lower Commons Sub-Area should be to provide a place for un-programed and informal passive recreation. The use of this area for special events should be limited in frequency and scope in order to minimize impacts on the primary use of this area. Objective 2.1 Action Steps: Action Step 2.1.1: Establish management and operational policies for special events within the open turf area of the Lower Commons Sub-area. Action Step 2.1.2: Identify key viewsheds from strategic locations within the Park and as may be necessary, establish designated view corridors to ensure the protection of these viewsheds. Objective 2.2: Utilize Ford Park to meet the community’s needs for active recreation and formal team sport activities. Policy Statement 1: The Active Recreation and Soccer Field Sub-Areas shall be managed first and foremost to provide facilities for active recreation and team sports. Policy Statement 2: Landscape berms and buffers around active recreation areas should be maintained and enhanced to mitigate potential impacts of noise and activity on other sub-areas of the Park. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 24 Objective 2.3: Maintain, and enhance where appropriate, the role of the Park in providing facilities for the enjoyment and exploration of the arts, music, dance, education and other cultural pursuits. Policy Statement 1: Maintain the Ford Amphitheater as the primary summer- time performing arts facility in the Town of Vail. Policy Statement 2: Support Art in Public Places in their efforts to continue public art programs (i.e. interactive events, projects, art installations, educational activities, etc.) within the Creekside area of the Lower Commons Sub-area (and other areas of the Park as may be deemed appropriate). Policy Statement 3: Support the educational programs provided at the Nature Center and the programs provided by the Betty Ford Alpine Garden. Objective 2.3 Action Steps: Action Step 2.3.1: Work with the Vail Valley Foundation on their efforts to create a new “public plaza” at the entry to the Gerald R. Ford Amphitheater. Action Step 2.3.2: Work with the Betty Ford Alpine Garden Foundation on their proposal to create an educational and visitor center within the Park. Action Step 2.3.3: Promote and support the use of the Nature Center and surrounding area as a center for environmental education programs. Action Step 2.3.4: In conjunction with the Vail Valley Foundation, evaluate the feasibility of winterizing the Amphitheater to allow for use of the venue during winter months. Objective 2.4: Enhance the use of the Historic School House and preserve the historic integrity of the building. Policy Statement 1: Maintain public access to the School House and continue the utilization of the building in accordance with the terms of the lease with the Betty Ford Alpine Gardens. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 25 Objective 2.4 Action Steps: Action Step 2.4.1: Evaluate alternative uses for the School House that will maintain public access and potentially involve the display of historic photos and artifacts or other activities in keeping with the historic nature of the building. Action Step 2.4.2: Complete an architectural assessment of the School House and establish a plan to protect and enhance the historic character of the building. Objective 2.5: Enhance and restore the Nature Center building and the landscape surrounding the building. Policy Statement 1: Limit vehicular access to only those vehicles necessary for the operation of the building and educational programs. Policy Statement 2: Uses proximate to the Nature Center should be limited and shall be consistent with the Gore Creek Preservation Sub-Area. Policy Statement 3: Restore the architectural integrity of the Nature Center building. Objective 2.5 Action Steps: Action Step 2.5.1: Work with the Vail Recreation District to implement measures for controlling vehicular access to the Nature Center building. Action Step 2.5.2: Complete an architectural inventory of the Nature Center building to define steps that could be taken to restore the historic character of the building. Action Step 2.5.3: Reduce the parking areas around the Nature Center building by reclaiming these areas to a natural landscape condition. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 26 Goal #3: Reduce vehicular intrusions into the interior of the Park and minimize to the greatest extent feasible the impact of vehicular activity on users of the Park, particularly on the passive use areas of the Lower Bench and along pedestrian walkways. Objective 3.1: Reduce the presence and frequency of vehicular trips into the Lower Bench (the Lower Commons, Gardens, Amphitheater and the Gore Creek Preservation Sub-Areas) of the Park. Policy Statement 1: Proposals for any new facility or use or the expansion of any existing facility or use in the Lower Bench shall not generate an unnecessary or appreciable increase in vehicular activity in the Lower Bench area of the Park. Policy Statement 2: Uses in the Lower Bench shall operate in a manner that limits vehicular traffic to the greatest extent possible. Vehicular access to the Lower Bench of the Park should be limited to: maintenance; delivery of goods or materials too large or too heavy to be carried by non-motorized means; access for people with limited mobility; special transportation; and emergency services. Policy Statement 3: Require all delivery vehicles to utilize East Betty Ford Way to enter and exit the Lower Bench. Due to difficulties in maneuvering, large trucks (semi’s) shall access the Lower Bench via East Betty Ford Way and may exit via West Betty Ford Way. Policy Statement 4: Passenger vehicle access to the Alpine Gardens, the Amphitheater, AIPP programs or other uses in the Lower Bench shall not be permitted other than vehicles used to provide access for people with limited mobility or to deliver goods or materials too heavy to be carried by non-motorized means. Objective 3.1 Action Steps: Action Step 3.1.1: Establish a system (i.e. signage, control gates, electronic controls) for managing truck movements proximate to the Amphitheater loading dock and for coordinating truck use of East Betty Ford Way. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 27 Action Step 3.1.2: Coordinate delivery schedules to reduce the frequency of delivery and service vehicles into the Lower Bench during peak use time periods. Action Step 3.1.3: Require stakeholders to utilize on-site storage facilities to reduce and control the frequency of delivery and service vehicles into the Park. Action Step 3.1.4: Improve traffic gate operations and restrictions on both the east and west ends of Betty Ford Way to eliminate unnecessary and unauthorized vehicular intrusions into the Park. Consider closing the western access point of Betty Ford Way to all vehicles except trucks too large to utilize East Betty Ford Way (for exiting the Park). Objective 3.2: Utilize the Parking/Transit Sub-area as the primary means for satisfying the Park’s parking and transit needs. Policy Statement 1: All stakeholders are required to adhere to the Parking and Transit Management Plan. Policy Statement 2: There shall be a “no-net loss” of the +/-200 parking spaces within the Parking/Transit Sub-Area and the +/-65 spaces at the Soccer Field Sub-area. Any net loss of parking spaces shall only be considered when off-set by a demonstrated improvement or enhancement of public transit use or alternate means of transportation to the Park. Policy Statement 3: Provide parking for daily park-use within the Parking/Transit Sub-Area and utilize the Vail Village Parking Structure to satisfy peak parking demands of the Park. Policy Statement 4: Maintain a central trash/dumpster facility within the Parking/Transit Sub-area and mandate all Park leaseholders use the central facility. Objective 3.2 Action Steps: Action Step 3.2.1: Town Staff, with coordination from Park stakeholders, shall prepare a Parking and Transit Management Plan, to include, but not be limited to the use and access of parking lots, fee structures, transit operations, etc. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 28 Action Step 3.2.2: As demand warrants, continue operation of the In-Town bus route beyond Golden Peak to provide service along Vail Valley Drive. Action Step 3.2.3: Implement an improved wayfinding sign program directing pedestrians from the Village Parking Structure and Slifer Square in Vail Village. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 29 Goal #4: Provide a safe, enjoyable and efficient pedestrian circulation system within Ford Park and between Ford Park and Vail Village. Objective 4.1: Provide clear and effective directional and informational signs to and within Ford Park. Objective 4.1 Action Steps: Action Step 4.1.1: Develop a comprehensive sign plan to direct Ford Park visitors from Vail Village and from each level of the Village Parking Structure to destinations within Ford Park. Objective 4.2: Encourage and promote park users to access the Park via pedestrian routes from Vail Village and the Vail Transportation Center. Policy Statement 1: The five existing pedestrian access points to the Park from Vail Village and Golden Peak should be maintained and enhanced to maximize their effectiveness in providing access to the Park. Policy Statement 1: Encourage leaseholders in Ford Park to utilize their marketing efforts to promote walking, biking and the use of Town buses as an alternative to driving to the Park. Objective 4.2 Action Steps: Action Step 4.2.1: Implement enhancements to the Gore Creek Trail that will improve safety, grading, surfacing, and lighting. Action Step 4.2.2: Evaluate opportunities for additional seating areas, public art and other features to enhance the walking experience along the Vail Village Connector (within the Gore Creek Sub-area) and where appropriate provide rest/sitting areas along all pedestrian routes to the Park. Action Step 4.2.3: Establish gateways or portals (signage, monuments, landscape elements, etc.) at the main entries to the Park (Frontage Road, Gore Creek Trail, Manor Vail, Slifer Plaza, Vail Valley Drive and the Parking/Transit Sub-area). 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 30 Objective 4.3: Improve internal pedestrian circulation within Ford Park. Policy Statement 1: New developments or other improvements in the Park shall not diminish the quality of the pedestrian circulation system and when appropriate shall include provisions to improve pedestrian circulation. Policy Statement 2: Existing ADA routes should be enhanced and where feasible new ADA access within the Park should be established. Objective 4.3 Action Steps: Action Step 4.3.1: Upgrade the portion of Betty Ford Way within the Lower Commons Sub-area to create a high quality pedestrian corridor with improved surface materials, lighting, seating and landscaping. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 31 Goal #5: Maintain compatible relationships between all venues and all uses within Ford Park. Objective 5.1: Manage the carrying capacity of the Park by scheduling events to prevent overlapping or simultaneous events that exceed the availability of community parking or other park infrastructure. Policy Statement 1: The Town of Vail through its designee shall coordinate with leaseholders an annual schedule for events and uses at all Ford Park venues. Policy Statement 2: No one event or type of use will be allowed to dominate the usage of the Park. Policy Statement 3: The Park is a Town of Vail community facility and in the case of conflicting uses, functions that best serve the interests of the community will have the highest priority. In all cases, final decisions regarding the use of the Park shall rest with the Town of Vail. Policy Statement 4: The day-to-day management and coordination of activities in the Park will be assigned to the Town of Vail. The Town of Vail, through its designee, will coordinate as necessary with representation from the Vail Valley Foundation, the Betty Ford Alpine Garden and the Vail Recreation District. Objective 5.1 Action Steps: Action Step 5.1.1: Expand the master schedule kept by the Town Clerk to include all venues within the Park. Action Step 5.1.2: Hold preseason event/activity coordination meetings with all affected stakeholders. Action Step 5.1.3: Hold semiannual (or as deemed necessary) coordination and input meetings with the Town of Vail, leaseholder representatives, and neighborhood and adjacent property owner representatives. Objective 5.2: Provide sufficient separation, berms and landscape buffers between facilities and uses. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 32 Policy Statement 1: The adequacy of berms and landscape buffers between different facilities and uses shall be considered when evaluating proposed changes to the Park. The type and extent of buffers to be provided shall be determined based on the nature of the use, the site design of the proposed facilities or uses, and the design parameters outlined in the Ford Park Sub-Areas and the Illustrative Plan. Policy Statement 2: Maintain and where necessary improve existing berms and landscaping between facilities and uses. Objective 5.2 Action Steps: Action Step 5.2.1: Enhance existing landscape buffers between tennis courts adjacent to the Active Recreation Sub-area and the Parking/Transit Sub-area and evaluate the need to enhance landscape buffers between other uses throughout the Park. Objective 5.3: To foster a spirit of cooperation between all leaseholders within the Park regarding their use of the Park and how to collectively use and manage the Park for the benefit of all. Policy Statement 1: Encourage the shared use of buildings and facilities. Policy Statement 2: Decisions regarding proposals for new buildings or improvements are to be made in the best interest of the Park and the Vail community, not just in the interest of the leaseholder. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 33 Goal #6: Delineate financial responsibilities among Ford Park leaseholders and the Town of Vail for both on-going maintenance/operation and capital improvements. Objective 6.1: Equitably share the costs of park management and operations with Park lease-holders. Policy Statement 1: All Ford Park leaseholders shall participate in cost sharing with the Town of Vail for common operating costs at a level proportionate to the leaseholders benefit from or relationship to said operation or management cost. (or as may be outlined in current lease or license agreement). Management and operations cost may include but are not limited to, electrical for pedestrian path and parking lot lighting, trash removal, and parking lot and pedestrian path maintenance costs. Objective 6.1 Action Steps: Action Step 6.1.1: Town staff to complete an inventory of existing park operations and associated costs, and in conjunction with park leaseholders, quantify the level of benefit realized by each leaseholder from such operations. Action Step 6.1.2: Research current lease, license and use agreements to determine existing financial responsibilities of each lease holder. Action Step 6.1.3: With input from the Town Council, work with leaseholders to modify existing leases to correct any inequities in utility billing procedures and distribution systems, current utility use, and cost sharing relationships. Objective 6.2: Establish equitable cost sharing agreements for Park capital improvement costs. Policy Statement 1: Ford Park leaseholders desiring to make capital improvements within their respective lease areas shall be required to provide funding for those improvements and for any modifications outside of the lease area necessitated by such improvements. Policy Statement 2: Services, functions, and programs provided by Ford Park 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 34 leaseholders bring visitors to the community who generate sales tax revenues which in turn contribute to the General Fund. Residents of the community which participate in those programs contribute to the Real Estate Transfer Tax through real estate transactions. Both of these funding sources can be utilized by the Town of Vail to pay for capital projects and improvements within Ford Park, reducing the need for contributions from the leaseholders. Objective 6.2 Action Steps: Action Step 6.2.1: Create and maintain a five year capital improvements program for Ford Park. Action Step 6.2.2: Establish the benefit/cost relationship for capital projects to determine appropriate cost sharing agreements. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 35 Chapter 5 - FORD PARK SUB-AREAS The topography of the old Anholtz Ranch is typical of a western Colorado riverfront ranch – a broad expanse of flat land adjacent to the river corridor and an upper terrace elevated above the river. In the early years of Ford Park these two distinct areas came to be referred to as the Upper Bench and Lower Bench. “The basic structure of Ford Park is comprised of two broad terraces, or benches as locally referred to, which step down the north side of the Gore Creek and is typical of mountain, valley and stream physiography.” 1985 Ford Park Master Plan Ford Park topography/1985 Early plans for Ford Park (the Vail Plan) anticipated recreation-oriented uses (and a number of buildings) on the Upper Bench with passive open space areas and an amphitheater on the Lower Bench. Initial development of the Park included athletic fields, tennis courts and parking facilities on the Upper Bench. Decisions on locating these uses on the Upper Bench were made based on the terrain (availability of flat land) and accessibility to the Frontage Road. Passive open space and the development of an amphitheater were initiated on the Lower Bench. These plans and the early development of the Park reinforced this Upper Bench/Lower Bench distinction. Over time the Upper Bench came to be regarded as recreation-oriented while the Lower Bench was regarded as being more oriented to cultural uses and passive open space. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 36 The characterization of athletic use on the Upper Bench and passive and cultural uses on the Lower Bench remains valid today, and the terms Upper Bench and Lower Bench provide a good, albeit generalized description of the Park. However, to discuss the future of Ford Park in terms of just the Upper and Lower Bench does not acknowledge the many subtleties and distinctions throughout the Park that need to be considered in this master planning process. It is for this reason that sub-areas are used to more clearly articulate the goals and objectives for specific areas of the Park. Sub-areas are intended to provide a forum for defining the unique areas of the Park, where improvements or changes may be acceptable and where improvements and changes may not be acceptable. The seven sub-areas described below were defined based primarily on the existing uses and site characteristics within the Park. In some cases, sub-areas define one single use. Examples of these include the Amphitheater and Alpine Gardens Sub-areas. In other cases sub-areas include a number of related uses. Examples of these are the Gore Creek Preservation and Lower Commons Sub-areas. In many cases the pedestrian corridors that link the sub-areas and facilitate the movement of people throughout the Park are used as boundaries between sub-areas. The sub-area boundaries were defined based on a variety of considerations. They should not be considered hard, inflexible parcel lines. It is reasonable to anticipate that when considering future improvements for the Park some latitude with the location of a sub-area boundary may be appropriate. Any consideration to modify a sub-area boundary shall be made in the context of the goals for the Park and for that particular sub-area. The use of sub-areas to better understand how the Park functions and to express how the Park may change in the future is not an attempt to divide the Park into parts. Rather, the sub-areas provide an effective means for discussing the unique areas of the Park in the context of the goals and objectives for the entire Park. With Ford Park the adage “the whole is greater than the sum of its parts” clearly applies. The diagram below depicts the seven sub-areas defined for the Park. The narrative that follows addresses the following considerations for each sub-area: • Existing uses and facilities, • The role the sub-area plays in the overall context of the Park, • The relationship of the sub-area to adjoining sub-areas, • Improvements or changes that may be appropriate at some point in the future, 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 37 • Any parameters or other limitations relevant to the future uses and activities within the sub-area, and • Any other considerations. Sub-area discussions address the Park at a fairly broad, master planning level. More specific discussion of potential future improvements that may be appropriate for the Park is found in the Illustrative Plan Chapter of this Plan. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 38 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 39 Parking/Transit Sub-area The Parking/Transit Sub-area provides on-site parking for the Park and includes a transit stop, a passenger car drop-off area and a central trash/storage facility. Strategically located along the South Frontage Road and on the periphery of other park facilities and uses, this sub-area plays a vital role in how the Park functions by separating parking and vehicles from other areas of the Park. The transit facility is a key component of the Park by facilitating direct bus service to the Town’s parking structures (which provide parking for peak demand days). This parking/transit concept had its origins in the original planning of the Park. “This major community park-cultural center will contain parking for more than 200 cars and will also be served directly by the Town bus system. Major parking will be accommodated in the transportation center.” Vail Plan, 1974 Since the mid-70’s the parking plan for Ford Park has been to provide daily use parking at the Park with parking for special events provided at the Town’s parking structures. This parking plan was validated by a parking and transportation study for the amphitheater completed in 1979. This parking plan remains valid today. Functional transit facilities along with pleasant, safe pedestrian corridors between the Park and the Village Parking Structure are key elements to ensure the on-going effectiveness of this parking plan. Prior to making improvements to the athletic fields in 2013 (to be completed in 2014) the Park had approximately 200 on-site parking spaces. The athletic field expansion displaced approximately 50 parking spaces at the west end of the parking lot. These 50 spaces were re-established by re-designing other portions of the parking lot, maintaining the approximately 200 on-site parking spaces. A “no net loss of parking” policy is in effect for the +/-200 on-site parking in this sub- area. Any proposed reduction to existing on-site parking spaces will only be considered in conjunction with concurrent improvements to alternative means of transportation to the Park. An example of this would be reducing the number of parking spaces in order to improve transit facilities. The parking lot was designed such that it can continue to be used for concerts and other special events. The parking lot also serves as a turn-around area used to manage local traffic when eastbound I-70 is closed. It is anticipated that both of these uses will continue. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 40 Future Improvements With parking lot and transit improvements scheduled to be completed in the fall of 2013 and spring of 2014, it is anticipated that the Parking/Transit Sub-area will adequately address the needs of the Park for the foreseeable future. Improvements that may be considered in the future include: • Design and installation of park entry features at the two pedestrian portals from the parking lot into the Park. • Installation of traffic control devices (gates or other means) at the east and west ends of Betty Ford W ay. The potential improvements listed above are also described in the Illustrative Plan section of this Plan. The idea of constructing structured parking below the existing surface parking lot has been discussed in the past. This could accomplish two objectives – increase the supply of on-site parking (parking that could also address other town needs) and allow for some alternative use on top of the structured parking. On a related note is the idea of developing parking below the tennis center and re-constructing the tennis center on the surface of the structure. While structured parking in either of these locations could create opportunities for new uses on these areas of the Park, costs would be significant. Based on studies completed in 2009-2010 the Town Council determined structured parking to not be feasible. If or when this idea is discussed in the future, an initial step would be to evaluate implications on the goals for the Park and if necessary initiate amendments to this Plan. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 41 Active Recreation Sub-area This sub-area is the focal point of active recreation, team sports, tournaments and other special events. The location of these uses is consistent with some of the earliest design direction established for the Park. It is expected that these uses will continue in order to meet the community’s needs for active recreation facilities. Significant plantings have created a landscape buffer between these active recreation uses and other surrounding uses. These buffers should be maintained and continually enhanced where necessary. Specific attention should be given to enhancing landscaping between the Frontage Road and the athletic fields. This improvement would provide a buffer between the Park and the road and also provide shade for spectators. Noise and other compatibility issues with use of the athletic fields and adjacent uses will need to continually be managed (refer to Goal 4 in Chapter 4 of this Plan). Future Improvements Improvements to the Active Recreation Sub-area initiated in 2012 (expected to be completed in 2014) were extensive and included expansion and re-organization of the athletic fields and construction of a new restroom/storage building and a new concession/restroom building. It is anticipated that these improvements will address the active recreation needs of the community for the foreseeable future. Potential improvements contemplated for this sub-area are: • Design and installation of park entry features at the west end of the Park along the Frontage Road and the two pedestrian portals from the parking lot. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 42 • Ongoing enhancement of the landscape buffer around the perimeter of the Sub- area. • The 2009 Town of Vail Transportation Plan contemplates a roundabout at the west end of Ford Park to “serve as a means of “u-turning” (eastbound to westbound) and to potentially provide access to a future below grade parking structure. No detailed design work on this improvement has been done, but conceptually this roundabout could be located just west of the athletic fields. The existing Tennis Center is located between the Parking/Transit Sub-area and other portions of the Park. East Betty Ford Way provides convenient and pleasant pedestrian access to the Lower Bench of the Park along the southern end of the Tennis Center. However, the tennis center presents constraints to establishing a convenient and graceful pedestrian entry between the parking/transit area and the rest of the Park. If or when the relocation of one or more tennis courts is considered, study should be given to how improved pedestrian flow and new uses could be established in this area. By way of example, the removal of the two courts adjacent to the Frontage Road and the Athletic Field concession building would not only allow for a much improved “arrival sequence” for pedestrians, but could also provide land for new facilities. The Tennis Center building has been in existence for over 25 years and the design of the building is inconsistent with the architectural character of buildings recently constructed in the Park. If or when this building is to be re-developed, consideration should be given to a design more consistent with the design objectives for the Park. In addition to the design of the building, consideration should also be given to the use of the building and the potential for shared use to accommodate other Park users. The possibility of locating an education center for the Betty Ford Alpine Gardens within Ford Park is discussed in the Alpine Garden Sub-area. The preferred location for this building is along West Betty Ford Way. If the West Betty Ford Way site is subsequently determined to not be a viable location, the Tennis Center site is a suitable alternative. The potential site for this building is proximate to or integrated with the Tennis Center building. Coordination and cooperation from the VRD will be necessary if this site is to be pursued. As with the parking lot area, the idea of constructing structured parking below the athletic fields has been discussed in the past. It is expected that if and when this idea is pursued that an initial step would be to evaluate implications to the overall goals for the Park and if necessary initiate amendments to the Ford Park Master Plan. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 43 Lower Commons Sub-area The Lower Commons Sub-area plays an important role in the Park by providing structure, or organization to the overall design of the Park. The area provides a transition zone between other uses in the Park and Betty Ford Way, which runs through the sub-area, and provides a delightful arrival experience for pedestrians entering the Park from the West. The Lower Commons Sub-area also provides some of the Park’s most important and popular facilities that collectively address a number of goals and objectives for the Park. Specifically, the Lower Commons Area provides places for recreational use, public art, the passive use and the quiet enjoyment of the Park. The sub-area also provides buffers between Park uses, a transition to the Gore Creek corridor and creates an important sense of openness within the Lower Bench. This sub-area should continue to be managed to provide the uses and park features listed above. There are no major changes contemplated to the three distinct, yet related uses that occur in this sub-area. These three uses are: Children’s Playground The playground is an immensely popular area of the Park. This use should continue. While refinements and/or upgrading of play structures and facilities within the playground may be made in the future, the basic size or “footprint” of the playground should remain unchanged. The restrooms at the playground provide facilities for the entire Lower Bench and there is a need to upgrade these facilities in the near future in order to meet the demands of park users. No other buildings are contemplated in the playground area. Open Turf Area Aside from natural open space areas along Gore Creek, the open turf area is the only area of the Park that is not programmed with organized uses and activities. It is important that this area remains open and available for informal use by patrons of the Park in the future. The area provides space for picnics, rest, informal games and other passive recreation use. The turf area also provides an important buffer, or transition from the more actively developed areas of the Park and the Gore Creek Corridor. Given this areas adjacency to Betty Ford Way, it is critical to limit vehicles in this area of the Park in order to prevent conflicts between park users and vehicles. With the exception of very minor encroachments from landscape improvements, lighting, seating and other similar features associated with improvements planned for Betty Ford Way, the open turf area should not be reduced in size and no buildings or structures should be permitted in this area. In the past the southern end of the open turf area has been used for events (weddings, parties, etc.) that have involved the 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 44 placement of temporary tents and other features within the turf area. While these events may continue, the number and extent of such events should be limited and events that would monopolize the open turf area and prevent its use by other users of the Park should not be permitted. Any events in the open turf area should be managed in accordance with Park procedures, specifically to minimize the time temporary facilities are in place, minimize the number and extent of vehicles necessary to service the event, etc. Creekside Area The Creekside area is a narrow strip of land south of Betty Ford Way and north of Gore Creek. A few small structures (i.e. the “art shack, an open air picnic shelter) are located in this area. Arts in Public Places (AIPP) may pursue remodeling or enhancing the art shack at some point in the future. AIPP has placed permanent art installations in this area and also runs summer art programs in this part of the Park. Art programs may include activities such as interactive events, educational and participatory activities, and temporary art installations. The passive use and the limited number of permanent improvements within this area make it an excellent transition to the more natural, undisturbed Gore Creek Preservation Sub-area. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 45 The use and character of this area should remain unchanged. No new buildings should be permitted. New art installations may be appropriate, but if pursued, they should be done in a way that minimizes impacts to other surrounding uses and facilities and is sensitive to the natural landscape. Future Improvements Improvements contemplated for this Sub-area include: • Upgrading restroom facilities at the children’s playground. • Further enhance the buffer between the athletic fields and the children’s playground. • Additional art installations within the Gore Creek Corridor. • Upgrade to Betty Ford Way to include a slight widening of the walkway, decorative pavers, seating areas, lighting and other streetscape improvements. The restroom and Betty Ford Way improvements are described in greater detail in the Illustrative Plan chapter. Amphitheater Sub-area An outdoor amphitheater was contemplated in original plans for Ford Park dating back to 1974. Completed in 1987, the Gerald R. Ford Amphitheater has evolved into Vail’s most prominent venue for music, dance and other cultural events. The facility is managed by the Vail Valley Foundation and is host to approximately 60 events each summer. The amphitheater is considered one of the community’s most important cultural assets. In 2013 the Foundation completed an initial phase of improvements to the amphitheater. Improvements included re-contouring the lawn seating, new restrooms, expansion of concession areas, and other improvements. While not a project of the Foundation, the Town of Vail recently made major improvements (decorative pavers, widening, and reduction to grade of walkway) to East Betty Ford Way. The Foundation has plans for a second phase of improvements to the Amphitheater that would create a new “public plaza” at the entry to the Amphitheater. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 46 The relationship between the Amphitheater and the neighboring athletic fields will need to be continually monitored to ensure compatibility between these (and all) park users is maintained. It is important to protect and enhance areas of existing vegetation in and around the Amphitheater and where appropriate improve the physical buffers between these uses. The implementation of noise mitigation at the north end of the amphitheater to minimizing noise impacts from the athletic fields and Interstate 70 has also been discussed. The Foundation has completed acoustic studies of the amphitheater and concluded that mitigating noise impacts from the fields and Interstate 70 would have the unintended consequence of impacting sound quality within the amphitheater. As such, noise mitigation is not being pursued. The Amphitheater is a significant generator of people and also generates a significant amount of vehicular traffic into the Lower Bench. Vehicular traffic into the Lower Bench conflicts with a number of goals and objectives for the Park. It is important for the Town and the Vail Valley Foundation to continue to work together to minimize vehicular traffic to the Amphitheater. No new uses or expansion of existing uses at the Amphitheater that would generate appreciably more vehicular traffic into this area of the Park should be permitted. Managing and limiting vehicle traffic that may result from the proposed public plaza will be an important consideration in establishing operational standards for this new facility. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 47 Future Improvements Potential improvements contemplated for the Amphitheater Sub-area include: • Development of a “public plaza” at the entry to the Amphitheater. • Restoration of the stream bank adjacent to the Amphitheater south of Betty Ford Way and east of the pedestrian bridge, • Upgrading of the fence/screening of the utility installation along Gore Creek west of the pedestrian bridge. There are a number of important parameters to be considered in the design and development of the public plaza. These parameters are described in greater detail in the Illustrative Plan chapter of this Plan. Alpine Gardens Sub-area What began with completion of a demonstration garden in 1987 has evolved into a +/- 1.5 acre network of perennials, rock gardens and waterfalls hosting an array of high alpine plants. The Betty Ford Alpine Gardens (BFAG) provides an important educational and experiential element of the Park. The gardens and the mission of the organization are in keeping with one of the original goals for Ford Park to provide environmental and educational facilities for the community. The Alpine Gardens have become one of Vail’s most popular summer attractions. The Alpine Gardens has pursued the development of an “alpine education center” in the Park for a number of years. The 1997 Ford Park Management Plan identified the location for this facility to be within the Soccer Field Sub-area. During the 2012 Ford Park Management Plan Update the BFAG proposed a location adjacent to Gore Creek for the education building and the 2012 Plan recommended this site for a new building. The Town Council subsequently reconsidered this recommendation from the 2012 Update, and while expressing support for the BFAG to develop an educational building within the Park, initiated a new evaluation of site alternatives for the building. The Town Council’s primary criterion for selecting a site for the educational center building was that it not be located on the Lower Bench. Seven sites were evaluated, three of which were determined to be viable sites for the building. The BFAG Building Site Evaluation Matrix outlines the factors considered in this evaluation. A copy is found in the Supplemental Appendix. For a variety of reasons the preferred location for this building was determined to be adjacent to West Betty Ford Way just west of the Children’s Playground. Located 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 48 directly on the grade transition between the upper and lower bench, the Town Council determined that this location conforms to their site selection criteria that the building not be located on the lower bench. The other two sites that were considered viable alternatives are at the Soccer Field and within the Tennis Center. These sites could still be considered if following further study it is determined that the Betty Ford Way site is not viable. The primary purpose of the building is to provide educational programs for the community and accordingly the uses within the building are expected to include rooms for interpretive displays, meeting/class rooms, a greenhouse and a limited amount of administrative space necessary to support on-site operations of the gardens. Future Improvements Potential future improvements within the Alpine Garden Sub-area include: • Development of an alpine garden educational center. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 49 • Extension of the gardens along the northeast entry in order to create a buffer from the adjoining athletic fields and improve pedestrian arrival to the Gardens. There are a number of important parameters to be considered in the design, development and operation of the educational center. These parameters are described in greater detail in the Illustrative Plan chapter of this Plan. Gore Creek Preservation Sub-area The Gore Creek Preservation Sub-area includes the entire length of the Gore Creek Corridor that passes through the Park. The sub-area is more than 21 acres in size and is generally defined by the park boundary on the south and the 100-year flood plain, the 50-foot Gore Creek setback and/or topographic features on the north. Gore Creek, associated wetland and riparian habitat and stands of specimen trees are the primary features of the creek corridor. Existing improvements within this sub-area are limited to bridges, trails, utility improvements and the Nature Center. The Gore Creek corridor is the Park’s most significant natural feature and provides the Park with delightful open space for the quiet enjoyment of nature. The corridor also provides a critical pedestrian link to Vail Village. The designation of this corridor as a preservation zone is in direct response to a number of goals and objectives from previous park planning efforts. The preservation of and enhancement to this area is also suggested by Goal #1 of this Plan. It is essential that adjacent uses respect the natural environment of this sub-area and that affective buffers be maintained between other more intensive uses within the Park. It is intended that existing uses and improvements within the Gore Creek Preservation Sub-Area be maintained and in keeping with the goals of preserving this area no new buildings are to be constructed within the sub-area. Any other new uses or improvements should be limited to those that will complement the natural character of the creek corridor and will minimize impacts to this sensitive environment. Resolution No. 27 of 1987 designated the seven acres around the Nature Center as an area “to be preserved as an example of the Gore Valley’s natural history.” The resolution stipulated that “vehicular traffic is to be restricted and certain policies and procedures for preservation and maintenance of the grounds and facilities” should be enacted. It is acknowledged that the Nature Center will bring a certain level of activity to this sub-area. Nature Center activity should be concentrated on the “upland” portions of the Nature Center in order to minimize impacts to the creek corridor. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 50 Improvements within the sub-area should be limited to low-impact improvements such as soft surface walking paths, creek enhancements to improve fish habitat, fishing access, re-vegetation and creek/stream bank restoration projects. In all cases such improvements should be designed and constructed in a manner that minimizes environmental impacts (i.e. avoid wetland habitat and wetland, maintain existing natural vegetation, use of “best management practices”, etc.). The underlying goal of any new trail development and/or bridge crossing should be to improve access in order to enhance awareness of this important natural environment. Utility improvements should not be located within this sub-area unless no other practical alternative is available. The Gore Creek corridor between the main portion of Ford Park and Slifer Square provides important pedestrian access to and from the Park and Vail Village (and the Vail Village Parking Structure). This corridor is heavily travelled and provides access to the Park for many park users. Enhancing the walking experience along the corridor will ensure its effectiveness as an alternative means of accessing the Park. Fishing access to Gore Creek, while currently not an issue (i.e. excessive use from foot traffic resulting in damage to riparian areas and vegetation), could become an issue in the future. A creek access point was considered at the east end of the Nature Center (using the bus turnaround on Vail Valley Drive as an unloading area) was discussed during the 1997 Planning effort but was rejected as being contradictory to the intended use of the Nature Center. An Action Step suggested for this area (refer to Chapter 4 of this Plan) is to evaluate the benefits of establishing a conservation easement for this area or to apply the “Open Space” designation via the Natural Area Preservation Zone District. The protection 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 51 afforded by either of these steps would define more permanent limitations on the use of this area and in doing so establish a degree of permanence in preserving this creek corridor. The existing condition of the Nature Center Building and the surrounding area has been a point of discussion. Potential improvements to the Nature Center are further discussion in Chapter 6 – Ford Park Illustrative Plan. Future Improvements Future improvements contemplated for this Sub-area include: • Enhancement and restoration of vegetation along the creek corridor, creek bank stabilization and fishing habitat enhancements. • Enhancements to the walkway between Vail Village and the Park to include improvements such as seating, art installations, etc. • Design and installation of park entry features at the three pedestrian portals to the Park along the Gore Creek Corridor. • Initiate steps to improve the physical condition of the Nature Center. These improvements are discussed in greater detail in the Illustrative Plan chapter. Soccer Field Sub-area The Soccer Field Sub-area, while often overlooked as an element of Ford Park, provides a valuable community asset. The full-sized athletic field serves the soccer and lacrosse communities, the sand volleyball courts are heavily used and the 65-space parking lot is used year-around. A cul-de-sac at the east end of the sub-area allows in- town buses to turn around when providing express service to Ford Park. These uses should continue as they directly address the broad goals for the Park of “providing the recreational needs of the community” (1985 Plan) and is consistent with the objective of locating active recreation areas “away from the meadow and creek” (1985 Plan). Separated from the rest of Ford Park by Vail Valley Drive and physically removed from the more developed portions of the Park, the Soccer Field Sub-area does not have compatibility or relationship issues with surrounding uses or facilities. No major changes are contemplated to the existing recreational facilities in this sub-area. While no major improvements are anticipated in the near future, the Soccer Field sub- area is unique from the rest of the Park. For example, the uses and activities in this sub-area do not impact other areas of the Park, the sub-area has direct vehicular access that does not impact other park users, and the sub-area has no direct impact on 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 52 the Gore Creek Corridor. For these reasons this sub-area could be a suitable location for new park uses or buildings to meet the future needs of the Park. If or when new uses may be proposed for this sub-area, consideration should be given to applicable elements of this Plan, how the proposed use could affect surrounding uses, private covenants and other considerations. Future Improvements Potential future improvements within the Soccer Field Sub-Area include: • Expansion of the existing sand volleyball courts. • Expansion of landscape buffers. The possibility of locating an education center for the Betty Ford Alpine Gardens within Ford Park is discussed in the Alpine Garden Sub-area. The preferred location for this building is along West Betty Ford Way. If the West Betty Ford Way site is subsequently determined to not be a viable location, the Soccer Field site has been determined to be a viable alternative. The potential location for this building is at the northwest corner of the sub-area. Private covenant issues (with the neighboring Northwoods Condominiums and with the Vail Village Seventh Filing) will need to be addressed prior to constructing an education center on the soccer field site. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 53 Chapter 6 - FORD PARK ILLUSTRATIVE PLAN The Ford Park Illustrative Plan provides a general description of future improvements contemplated for Ford Park. The Plan indicates the general location of the improvements, a summary of the proposed improvements and parameters or criteria to be considered in the design, development and operation of the improvement. The design parameters and criteria are of particular importance as they establish specific expectations for the proposed improvement. Conformance with these parameters and criteria is a requisite to the Town approving any improvements in the Park. The 2013 Gerald R. Ford Park Master Plan discusses a wide range of potential improvements for the Park. The design and development of some improvements are in progress. Other these improvements are only general ideas and will need further study and design, an example being the installation of art along the Gore Creek Corridor connection to Vail Village to enhance the walking experience. Other improvements are not viable in the near-term but could be viable at some point in the future, examples being structured parking under the athletic fields or a Frontage Road roundabout at the west end of the Park. It is not the intention of this Plan that only those improvements depicted on the Illustrative Plan may be proposed for the Park. Improvements not depicted on the Illustrative Plan may be proposed and will be reviewed relative to their conformance with the goals, objectives and policies for the Park and the applicable Ford Park Sub- areas. It should also be noted that the improvements being depicted on the Illustrative Plan does not ensure if or when they will be implemented. Any improvement proposed for the Park is subject to approval by the Town Council and further review by the Town’s review boards prior to being implemented. This review may involve the Planning and Environmental Commission (Conditional Use Permit, Development Plan review) and the Design Review Board prior to being implemented. On the following page is the Ford Park Illustrative Plan. This Plan includes numbers which identify future improvements to the Park. Narrative descriptions of these improvements follow. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 54 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 55 Improvement #1 – Gore Creek Corridor Restoration There are a number of areas within the Gore Creek corridor where erosion, over-use or other factors have disturbed or otherwise adversely impacted existing vegetation. A restoration program should be implemented to improve vegetation along the creek corridor. Restoration will improve the visual quality of this area and improve water quality by preventing erosion. A detailed assessment of the creek corridor is necessary in order to determine precisely where and to what extent restoration is needed. Following completion of this assessment, a detailed landscape plan for the restoration of the corridor should be prepared and implemented. A parallel effort should be to evaluate the condition of the creek bank in order to identify the potential need for stream bank stabilization to protect the bank from erosion. Another opportunity to consider for Gore Creek is how pools or other features could be created in the creek to improve the quality of fishing or potentially improve the creek for other uses. A detailed assessment of the creek corridor is necessary in order to determine precisely where and to what extent these improvements may be feasible. Following completion of this assessment a detailed improvement plan for the creek corridor could be prepared. Refer to Chapter 4, Goal #1, Objective 1.3, Action Step 1.3.2. Improvements #2 – Gore Creek Village Connector The Gore Creek corridor between the west end of Ford Park and Slifer Square provides important pedestrian access to and from the Park and Vail Village (and the Vail Village Parking Structure). Enhancing the walking experience along this connection will improve its effectiveness as an alternative means of accessing the Park. The installation of seating areas, creek overlooks and public art are examples of improvements that could be made to animate this walkway. All improvements shall be outside of wetland areas, the 100-year flood plain or other environmentally sensitive areas. An inventory of the creek corridor to identify such areas should be completed prior to initiating any improvements. Refer to Chapter 4, Goal #4, Objective 4.2, Action Step 4.2.2. Improvement #3 – Entry Monuments at Park’s pedestrian entries Pedestrians arrive to Ford Park from one of seven existing entries as identified on the Illustrative Plan. Currently there is inadequate signage or other features identifying 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 56 these locations as entry points to the Park. The goal of this improvement is to formally identify these portals and announce them as gateways, or arrival points to Ford Park. Landscape features, signage, bollards, monuments, archways or other design features, or some combination thereof, could be used to identify these locations. Landscape enhancements to areas proximate to these entries may also be appropriate. A design process is necessary to determine design solutions for these improvements. While specific solutions for these park entry improvements could vary between locations, all should share a common design vocabulary. It will also be important to locate these improvements in a way that compliments the adjacent pedestrian corridor and does not compromise pedestrian circulation. Refer to Chapter 4, Goal #4, Objective 4.2, Action Step 4.2.3. Improvement #4 – Betty Ford Alpine Garden Education Center The education center is envisioned to include multi-use space for year-around educational programs and other activities, a greenhouse and limited administrative space. Below are design, development and operational parameters and/or criteria to be considered in the detailed design of this facility. • Building and site improvements provide adequate clearances from existing utility lines and drainage improvements and when necessary such lines or improvements are relocated to provide adequate clearances. • A building of not more than approximately 3,000 square feet that is low-scale in appearance, does not visually dominate the surrounding area and does not visually loom over West Betty Ford Way. • Provide appropriate horizontal separation from West Betty Ford Way in order to not diminish the quality of this walkway. • Ability to construct the project in a manner that does not adversely impact other facilities or uses in the Park. • A viable access management plan designed to minimize to the greatest extent feasible the number and frequency of vehicles accessing the education center. It is acknowledged that a service vehicle or delivery vehicle may occasionally need to drive to the center. However, daily or frequent vehicle access by staff or patrons of the center will not be permitted • Acceptable emergency vehicle access to the building and identification of any site improvements necessary to accommodate such access. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 57 • Identify the anticipated parking demand from the building and how it will be addressed. • Adequate storage space to meet the operational needs of the building and to minimize the need for vehicle trips to the building. • Coordination with the Vail Recreation District on the need to expand fencing at the athletic fields to protect the building from errant balls. • Evaluate the feasibility of providing public restrooms within the center (see Improvement #7 in Illustrative Plan – Children’s Playground Restrooms) Refer to Chapter 4, Goal #2, Objective 2.3, Action Step 2.3.2. The site plan and cross-section are conceptual studies for how a building could be designed on this site. While provided by the Betty Ford Alpine Garden, these sketches do not represent a development or design proposal. They are merely depictions of how the building could be designed and there is no implied approval of the concepts depicted below. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 58 Improvement #5 – Nature Center Over the years a number of additions and modifications have been made to the nature center building. Many of these changes have altered the historic character of this building. An assessment of the building should be completed in order to understand steps that could be taken to restore the architectural integrity of this building and the surrounding area. A current deficiency of the Nature Center is the lack of restroom facilities. If the building is to be renovated consideration should be given to how restrooms could be incorporated into the building. Other improvements to the Nature Center include, re- claiming the informal parking areas proximate to the building and taking steps to limit vehicular access to the site. These site improvements would most efficiently be designed in conjunction with the evaluation of the building. Refer to Chapter 4, Goal #2, Objective 2.5, Action Step 2.5.1-2.4.3. Improvement #6 – Ford Amphitheater Entry Upgrade/Public Plaza The Vail Valley Foundation has proposed plans for transforming the existing Amphitheater entry into a re-designed and re-purposed Public Plaza. The plaza is intended to provide a more gracious and more functional entry to the amphitheater. The design intent and objective of this improvement is to create a multi-use outdoor space that serves as the primary arrival for the Amphitheater as well as a pre-convene and 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 59 post-function space during scheduled events. The Public Plaza would also provide a venue for smaller gatherings hosted by other park leaseholders and also be open for public use when not being used for scheduled events. Other elements of the Public Plaza include a tensile roof covering, a tribute to the Ford Family, a small stage within the courtyard, a new donor wall, enhancements to the concession building and ticket windows, and new entry gates to the Amphitheater. Parameters and criteria to be considered: • Plaza design should be done to facilitate/not encumber truck turning movements necessary to provide loading/delivery to the Amphitheater. • Plaza design should be sensitive to and integrated with immediately adjacent improvements at the Alpine Gardens. • Trees removed to accommodate the Public Plaza should be re-located within the Park and to the extent feasible be relocated proximate to the amphitheater. • The space should be available for use by the public when not being used for private functions. • The space should be available for gatherings that support other Park stakeholders (TOV, VRD, BFAG and AIPP). • Any structures/roof elements associated with the public plaza should harmonize with the Amphitheater, not dominate the surrounding area, and conform to the Town’s park design guidelines. • Any fencing that may be required to define the courtyard space or for liquor license or other purposes should be subtle and visually unobtrusive. Landscape materials should be used to soften the appearance of the fence. • A viable management plan for minimizing vehicular access to the social courtyard (employees, service vehicles, deliveries, etc.), and for servicing the facility in a manner that minimizes impacts on pedestrian use of Betty Ford Way. Refer to Chapter 4, Goal #2, Objective 2.3, Action Step 2.3.1. Improvement #7 – Children’s Playground Restrooms The playground restrooms provide facilities for the entire Lower Bench. These facilities are under-sized and in need of upgrade and expansion to meet current demand. When designed, the new bathroom building should be one level and be sized no larger than necessary to meet the needs of park users. The location currently considered for the new restrooms is west of the existing facility where play apparatus are currently located. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 60 New play apparatus will be provided with the removal of the existing restroom building. The building should not encroach on the adjacent open turf area. The adjoining Alpine Gardens Sub-area identifies a site along West Betty Ford Way and next to the playground for the development of an alpine garden education center. The potential to restrooms for playground users within the alpine garden education center should be evaluated. The goal of this idea is to minimize the number of buildings in the Park. Coordination between the Town and the Alpine Gardens will be necessary in order to evaluate the feasibility of this idea. Improvement #8 – Betty Ford Way The central portion of Betty Ford Way between the Covered Bridge and the Amphitheater is envisioned to be a “feature pedestrian corridor”. This pedestrian way will be treated with a higher level of design, surface materials, lighting, seating, etc. Enhancements to Betty Ford Way will improve a park visitor’s experience to and through the lower bench of the park. It is anticipated that the existing path will be widened from approximately 10 feet to between 11 and 13 feet to accommodate the multiple user types that visit the park at peak use times and to reduce conflicts when Amphitheater/golf cart shuttles share the path with pedestrians. The path surface will be replaced with finer textured, higher quality pavements such as colored concrete, stone or concrete pavers. Seating areas with benches at select locations along the path, landscape enhancements, lighting and wayfinding may also be incorporated into this design. Refer to Chapter 4, Goal #5, Objective 4.3, Action Step 4.3.1. Improvement #9 – Betty Ford Way Traffic Control While it is acknowledged that the Alpine Gardens, the Amphitheater and other uses in the Lower Bench require vehicular access, an underlying goal for the Park is to minimize vehicular traffic in this area. Betty Ford Way provides car and truck access to this area. As a means for better regulating traffic into the Lower Bench, the installation of gates, bollards or other improvements will be necessary at either end of Betty Ford Way. In addition to improvements designed to limit car and truck access to the lower bench, a system for managing large truck use on East Betty Ford Way should also be explored. This section of Betty Ford W ay is essentially a one-lane road. The purpose of this effort is to prevent two trucks from utilizing East Betty Ford Way at the same time. Refer to Chapter 4, Goal #3, Objective 3.2, Action Step 3.2.3. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 61 Improvement #10 – Frontage Road Round-about The 2009 Vail Transportation Master Plan Update recommends a “future access to Ford Park” with a roundabout along the Frontage Road at the west end of the Park. This roundabout would address two things – it could provide access to a future underground parking garage and it could provide a means of “u-turning” (eastbound to westbound) vehicles exiting from the Village Parking Structure. The Plan states that this roundabout would be done “in association with parking additions” at the Park. The Town recently studied the feasibility of developing a parking structure below the athletic fields and for a variety of reasons this idea was determined to not be feasible. Development of the roundabout will likely not be initiated until such time parking beneath the fields is pursued. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 62 Chapter 7- PARK MANAGEMENT Four organizations play a role in the management and operation of Gerald R. Ford Park. The Town of Vail is the owner of the Park and manages the community park on the Lower Bench, the stream tract, parking lot areas and pedestrian corridors. In addition, the Town provides park management and coordination with the Park’s three leaseholders. The leaseholders manage and operate their respective facilities: The Vail Recreation District lease includes the Tennis Center, athletic fields and land that includes the Nature Center. The Tennis Center Building is on land owned by the Town but was developed and funded by the VRD. VRD offers environmental education and research opportunities at the Nature Center. The Vail Valley Foundation manages and maintains the Ford Amphitheater and immediate surrounding grounds. The amphitheater seats up to 2,500 people and is scheduled an average of 60 days during the summer months. The Betty Ford Alpine Gardens manages the Gardens. The Gardens have developed in four phases that began in 1987. In its role as the overall park manager, the Town addresses a variety of management and operational considerations. Often times this requires the involvement of different town departments and town commissions and boards. Ultimately the Town Council is asked to review and approve management practices. The Town involves one or more of the Park leaseholders when addressing these management topics and in some cases the lease agreements with the Recreation District, Vail Valley Foundation and Alpine Garden Foundation address these topics. Below is a list of park management topics the Town is responsible for: • Parking – Management of parking spaces, allocation of spaces to leaseholders, rates at times pay-parking is implemented, etc. • Special events on parking lot, athletic fields and open turf area – coordination with promoters of events, scheduling, pre and post-event operations, etc. • Park Calendar – While not responsible for scheduling events within leaseholder facilities, the Town coordinates (with leaseholders) a comprehensive events schedule for the Park. • Transportation – management of transit operations between the Park and the Vail Transportation Center, including periodic implementation of a Golden Peak bus route. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 63 • AIPP projects – The review of art programs and installations in the Park. • Proposals for new uses, new building or changes to the Park – The review of any proposed change to the Park will involve the Town Council and may also involve the Planning and Environmental Commission, the Design Review Board, AIPP and the Commission on Special Events. 11/5/2013 2013 Gerald R. Ford Park Master Plan Page 64 Chapter 8 - APPENDIX An extensive number of documents relative to the history of the Park and previous park planning efforts have been assembled. Due to the volume of this material, these documents are provided in a separate document, the 2013 Ford Park Master Plan Supplemental Appendix. Material found in the Supplemental Appendix includes: 1. Ordinance No. 6, Series of 1973, authorizing the purchase (by condemnation) of the property known as the Antholz Ranch. 2. The Vail Plan, 1974 3. Resolution No. 1, Series of 1977, naming the property commonly known as the Antholz Ranch to Gerald R. Ford Park. 4. The Gerald R. Ford Park and Donovan Park Master Plan Development Final Report, 1985 5. Resolution No. 27, Series of 1987, this resolution designated the seven acres around the Nature Center as an area to be preserved as an example of the Gore Valley’s natural history. 6. Resolution No. 44, Series of 1988, amending the 1985 Master Plan to add four tennis courts and to change the location of the aquatics center. 7. Ford Park Management Plan, 1997 8. Ford Park Management Plan Update, 2012 9. BFAG Building Site Evaluation Matrix 10. Betty Ford Alpine Gardens – Site Evaluation, Martin and Martin, August 15, 2013 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: Recognition of Kerry Donovan and Kevin Foley's services as Town Council members. PRESENTER(S): Andy Daly 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: Citizen Participation: 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: Gerald R. Ford Park Amphitheater Operations Plan PRESENTER(S): George Ruther, Director of Community Development and Jack Hunn, Hunn Consulting Group LLC ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications, or Deny the Operations Plan BACKGROUND: On September 3, 2013, the Vail Town Council heard an appeal of a Planning & Environmental Commission (PEC) decision denying a request for an amended conditional use permit for the proposed lobby addition at the amphitheater. The appeal was filed by the Vail Valley Foundation (VVF). Upon conclusion of the appeals hearing, a majority of the Town Council voted to overturn the PEC's decision. In overturning the decision, the Town Council asked that the VVF provide the Town Council with a copy of a proposed operations plan for the new amphitheater lobby. The reason for requesting the Operations Plan was to ensure: *adequate public access to the lobby space when not in use by the VVF, *the management of the proposed use does not unnecessarily conflict with the other stakeholders in Ford Park, *reasonable public access and availability of the restroom facilities proposed in the new amphitheater addition, and *the proposed use operated in conjunction with the amphitheater STAFF RECOMMENDATION: The Community development Department recommends the Vail Town Council approves the Operations Plan as proposed. ATTACHMENTS: Town Council Memorandum Proposed Operations Plan-Red Line Proposed Operations Plan-Clean 11/5/2013 1 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: November 5, 2013 SUBJECT: Revised Gerald R. Ford Park Amphitheater Operations Plan ______________________________________________________________________ I. PURPOSE The purpose of this memorandum is to provide the Vail Town Council with a draft copy of the revised Operations Plan for the Gerald R. Ford Park Amphitheater lobby, located at 540 South Frontage Road East, in Vail, Colorado. The Town Council is being asked to approve, approve with modifications, or deny the proposed plan. Does the Vail Town Council approve the revised Operations Plan for the Gerald R. Ford Park Amphitheater lobby as proposed? If not, what modifications are required? A revised copy of the Operations Plan and email correspondence from Jack Hunn to George Ruther has been included for reference. II. BACKGROUND On September 3, 2013, the Vail Town Council heard an appeal of a Planning & Environmental Commission (PEC) decision denying a request for an amended conditional use permit for the proposed lobby addition at the amphitheater. The appeal was filed by the Vail Valley Foundation (VVF). Upon conclusion of the appeals hearing, a majority of the Town Council voted to overturn the PEC’s decision. In overturning the decision, the Town Council asked that the VVF provide the Town Council with a copy of a proposed operations plan for the new amphitheater lobby. The reasons for requesting the Operations Plan were to ensure: • adequate public access to the lobby space when not in use by the VVF, • the management of the proposed use does not unnecessarily conflict with the other stakeholders in Ford Park, • reasonable public access and availability of the restroom facilities proposed in the new amphitheater addition, and • the proposed use operated in conjunction with the amphitheater. On October 15, 2013, the Vail Town Council reviewed the draft Operations Plan for the Gerald R. Ford Amphitheater lobby. As a result of their review, the Town Council tabled the item to the November 5th Town Council meeting and asked 11/5/2013 2 that certain changes be made to the Plan and that certain questions be answered. The revised Operations Plan is the Foundations response to the changes and questions. III. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council approves the revised Operations Plan for the Gerald R. Ford Park Amphitheater lobby. In doing so, staff recommends the Town Council instructs staff to attach the Operations Plan as an exhibit to the existing Amphitheater Lease executed by and between the Town of Vail and the Vail Valley Foundation. The Operations Plan would thus be enforceable pursuant to the terms of the Lease rather than through zoning. Enforcement through the Lease is a more effective way of ensuring compliance is maintained. ______________________________________________________________________ From: Jack Hunn [mailto:jack@hunnconsultinggroup.com] Sent: Tuesday, October 22, 2013 10:00 PM To: George Ruther Cc: Ceil Folz (cfolz@vvf.org); Jennifer Mason Subject: GRFA - Revised Operations Plan George, The purpose of this correspondence is to respond to your email of October 16, 2013, in which you have posed several questions and are seeking clarification regarding the GRFA Operations Plan, dated October 8, 2013 as follows: • Section 1d - The use of the social courtyard for intimate gatherings needs further clarification. o Are private functions permitted in the social courtyard? Yes, we would propose that private functions be permitted, but only at times that do not otherwise coincide with scheduled events in the Amphitheater. o What is the fee, if any, for the use of the space? Fees would range from $800 - $1,200 depending on the nature and purpose of the event. Fees are intended to cover the cost of VVF staffing of the event as well as added janitorial costs. The fees derived are intended to allow the VVF to 'break even' on its cost to host the event and are not intended as a profit center. o Is catering permitted in association with functions? Yes catering would be permitted, however the contract with Myriad, (the GRFA Concessionaire), requires that they have first right of refusal to provide food service for events in the GRFA. If the GRFA Concessionaire was not able to accommodate the request of the event sponsor, an off-site caterer could be engaged and Myriad would 11/5/2013 3 charge a 20% fee for the use of its facilities and to compensate for staffing the event in support of the caterer. Please be aware that Myriad is the only entity that can provide alcoholic beverages on the Amphitheater premises under the terms of their liquor License. o Why is the ToV not included as a stakeholder in the Park? Of course the Town should be included on the list of 'Stakeholders'. We have revised the Operations Plan document to correct this unintended oversight. We have also added Bravo to the list of stakeholders. We suggest that stakeholders be given priority but that others would not be excluded. o Are weddings permitted? The Chairman of the Foundation said no weddings would be held in the social courtyard yet the executive director said weddings are anticipated. Please clarify the Foundations intentions. The VVF is not in the business of promoting the Amphitheater as a wedding venue. However, they are frequently approached with requests to use the existing facility for weddings. They expect similar requests to use the new Lobby space if it is constructed. Weddings could only occur when the facility is not otherwise in use for scheduled concert events, which limits the availability of the facility for weddings. Historically, there have been one to two wedding events each summer in the Amphitheater. • Section 2c - o Are partners in the park the same as stakeholders? If not, what is the difference? Partners and stakeholders are one in the same for purposes of the Operations Plan. We have amended to plan to reflect these interchangeable terms. o Please quantify the number of bookings anticipated annually. While it is hard to predict the future, the VVF is anticipating perhaps 6 - 12 events in the Lobby each year. o What factors will be considered when determining requests for the use of the social courtyard by the stakeholders/partners? In addition to the facility being available, the VVF would be inclined to consider the nature and duration of the event without regard to the purpose of the event. • Section 5c - o The Foundation had previously represented that the social courtyard restrooms would be open for public use at 9:00 am during the summer operating season. The operations plan states 11:00 am. Please provide an 11/5/2013 4 explanation and justification for the change in hours of operations. It is a matter of staffing of the box office. The box office is consistently staffed starting at 11:00 am. The box office is occasionally staffed as early as 9:00 am. The VVF would not be in favor of incurring additional staffing costs in order to open the restrooms earlier but would do so if reimbursed for its additional costs, which are estimated to be $5,500 annually. The staff would be present for any scheduled event in the lobby, regardless of the time of day. Please let me know if you have any additional questions or concerns, Best regards, Jack Hunn, President Hunn Consulting Group, LLC (970) 390-4537 11/5/2013 Proposed Operational Plan GRFA Lobby Revised October 21, 2013 1. What is the purpose of the lobby? a. The Lobby space will be available to all park goers as an informal area to relax, find shelter from the sun or the rain and to get a snack / beverage. b. The proposed “Lobby” space is intended to expand the useable program area for the GRFA prior to and during performances. The Lobby will serve as a space for theater attendees to mingle prior to each performance as well as during intermission. We anticipate that patrons could linger in the Lobby after a performance without interfering with the cleaning effort inside the GRFA. c. The Lobby will be the only covered space at the GRFA for lawn attendees to find cover during inclement weather. d. The lobby can also serve as an intimate gathering location within the park that may be reserved for functions that support the community. Priority will be given to the other stakeholders / partners of the park (the TOV, BFAG, VRD, Bravo and the AIPP). 2. How will it be managed? a. The VVF will manage the Lobby, providing services such as maintenance, concessions and utilities. The VVF will be responsible for scheduling the use of the space. b. The Lobby will generally be open to the public. c. Special, intimate gatherings may be booked through the VVF for use during the operating season. It will not be operated as an “events center” but will be available to our stakeholders / partners in the park. d. The Lobby will be closed to the public approximately 2 hours prior to performances at the GRFA and during and immediately following GRFA performance. 3. When will it be available to the public? a. The Lobby will generally be open to the public throughout the year, but with certain exceptions as described in this Plan. b. Currently, the GRFA is staffed beginning June 1st and through to September 1st each summer. This constitutes the ‘summer operating season’. 11/5/2013 c. On performances days, the Lobby would be cleared of people 2 hours prior to the performance and the gates closed to accommodate setup and preparation for the event. The Lobby will reopen 1- 1/2 hours prior to any scheduled performance for ticketed patrons. 4. How will it operate in conjunction with the GRFA? a. When there are closed rehearsals on the stage, the public may still use the Lobby and the GRFA restrooms, but they would be prohibited from going further into the GRFA by stanchions and signage explaining the need for the restriction. b. On performance days, the Lobby will close to the general public 2 hours prior to the start time of a scheduled performance, (4:00 pm for Bravo events and 5:30 pm for Dance events). c. The Lobby will open, as will the East Entrance, 1- 1/2 hours prior to each performance, (currently the gates open 1 hour prior to the start of each event). d. Tickets and bag check will occur at the new Lobby gate entrance. Attendees may then move directly into the theater itself, or come and go into the Lobby space as needed. e. The Lobby will serve as an extension of the current entrance area of the GRFA allowing all theater goers to stay in the covered lobby space, have access to restrooms and concessions, etc. 5. What amenities will be available and when? a. During the summer operating season (approximately June 1st - September 1st between 11:00 am-5:00 pm) the restrooms of the GRFA will be accessible to lobby users. b. Concessions will be available from approximately the middle of June until the end of August from 11:00 - 4:00 each day. With a new operation, it is often difficult to best understand how people will use the space. During the first year, we know we will learn a lot of what works and does not work. We would look to review the operation at the end of each season with the Town Manager to make operational adjustments to best suit the park goers of Ford Park. 11/5/2013 Proposed Operational Plan GRFA Lobby Revised October 21, 2013 1. What is the purpose of the lobby? a. The Lobby space will be available to all park goers as an informal area to relax, find shelter from the sun or the rain and to get a snack / beverage. b. The proposed “Lobby” space is intended to expand the useable program area for the GRFA prior to and during performances. The Lobby will serve as a space for theater attendees to mingle prior to each performance as well as during intermission. We anticipate that patrons could linger in the Lobby after a performance without interfering with the cleaning effort inside the GRFA. c. The Lobby will be the only covered space at the GRFA for lawn attendees to find cover during inclement weather. d. The lobby can also serve as an intimate gathering location within the park that may be reserved for functions that support the community. Priority will be given to the other stakeholders / partners of the park (the TOV, BFAG, VRD, Bravo and the AIPP). 2. How will it be managed? a. The VVF will manage the Lobby, providing services such as maintenance, concessions and utilities. The VVF will be responsible for scheduling the use of the space. b. The Lobby will generally be open to the public. c. Special, intimate gatherings may be booked through the VVF for use during the operating season. It will not be operated as an “events center” but will be available to our stakeholders / partners in the park. d. The Lobby will be closed to the public approximately 2 hours prior to performances at the GRFA and during and immediately following GRFA performance. 3. When will it be available to the public? a. The Lobby will generally be open to the public throughout the year, but with certain exceptions as described in this Plan. b. Currently, the GRFA is staffed beginning June 1st and through to September 1st each summer. This constitutes the ‘summer operating season’. 11/5/2013 c. On performances days, the Lobby would be cleared of people 2 hours prior to the performance and the gates closed to accommodate setup and preparation for the event. The Lobby will reopen 1- 1/2 hours prior to any scheduled performance for ticketed patrons. 4. How will it operate in conjunction with the GRFA? a. When there are closed rehearsals on the stage, the public may still use the Lobby and the GRFA restrooms, but they would be prohibited from going further into the GRFA by stanchions and signage explaining the need for the restriction. b. On performance days, the Lobby will close to the general public 2 hours prior to the start time of a scheduled performance, (4:00 pm for Bravo events and 5:30 pm for Dance events). c. The Lobby will open, as will the East Entrance, 1- 1/2 hours prior to each performance, (currently the gates open 1 hour prior to the start of each event). d. Tickets and bag check will occur at the new Lobby gate entrance. Attendees may then move directly into the theater itself, or come and go into the Lobby space as needed. e. The Lobby will serve as an extension of the current entrance area of the GRFA allowing all theater goers to stay in the covered lobby space, have access to restrooms and concessions, etc. 5. What amenities will be available and when? a. During the summer operating season (approximately June 1st - September 1st between 11:00 am-5:00 pm) the restrooms of the GRFA will be accessible to lobby users. b. Concessions will be available from approximately the middle of June until the end of August from 11:00 - 4:00 each day. With a new operation, it is often difficult to best understand how people will use the space. During the first year, we know we will learn a lot of what works and does not work. We would look to review the operation at the end of each season with the Town Manager to make operational adjustments to best suit the park goers of Ford Park. 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: Adjournment (6:35 p.m.) 11/5/2013 c. On performances days, the Lobby would be cleared of people 2 hours prior to the performance and the gates closed to accommodate setup and preparation for the event. The Lobby will reopen 1- 1/2 hours prior to any scheduled performance for ticketed patrons. 4. How will it operate in conjunction with the GRFA? a. When there are closed rehearsals on the stage, the public may still use the Lobby and the GRFA restrooms, but they would be prohibited from going further into the GRFA by stanchions and signage explaining the need for the restriction. b. On performance days, the Lobby will close to the general public 2 hours prior to the start time of a scheduled performance, (4:00 pm for Bravo events and 5:30 pm for Dance events). c. The Lobby will open, as will the East Entrance, 1- 1/2 hours prior to each performance, (currently the gates open 1 hour prior to the start of each event). d. Tickets and bag check will occur at the new Lobby gate entrance. Attendees may then move directly into the theater itself, or come and go into the Lobby space as needed. e. The Lobby will serve as an extension of the current entrance area of the GRFA allowing all theater goers to stay in the covered lobby space, have access to restrooms and concessions, etc. 5. What amenities will be available and when? a. During the summer operating season (approximately June 1st - September 1st between 11:00 am-5:00 pm) the restrooms of the GRFA will be accessible to lobby users. b. Concessions will be available from approximately the middle of June until the end of August from 11:00 - 4:00 each day. With a new operation, it is often difficult to best understand how people will use the space. During the first year, we know we will learn a lot of what works and does not work. We would look to review the operation at the end of each season with the Town Manager to make operational adjustments to best suit the park goers of Ford Park. 11/5/2013 Proposed Operational Plan GRFA Lobby Revised October 21, 2013 1. What is the purpose of the lobby? a. The Lobby space will be available to all park goers as an informal area to relax, find shelter from the sun or the rain and to get a snack / beverage. b. The proposed “Lobby” space is intended to expand the useable program area for the GRFA prior to and during performances. The Lobby will serve as a space for theater attendees to mingle prior to each performance as well as during intermission. We anticipate that patrons could linger in the Lobby after a performance without interfering with the cleaning effort inside the GRFA. c. The Lobby will be the only covered space at the GRFA for lawn attendees to find cover during inclement weather. d. The lobby can also serve as an intimate gathering location within the park that may be reserved for functions that support the community. Priority will be given to the other stakeholders / partners of the park (the TOV, BFAG, VRD, Bravo and the AIPP). 2. How will it be managed? a. The VVF will manage the Lobby, providing services such as maintenance, concessions and utilities. The VVF will be responsible for scheduling the use of the space. b. The Lobby will generally be open to the public. c. Special, intimate gatherings may be booked through the VVF for use during the operating season. It will not be operated as an “events center” but will be available to our stakeholders / partners in the park. d. The Lobby will be closed to the public approximately 2 hours prior to performances at the GRFA and during and immediately following GRFA performance. 3. When will it be available to the public? a. The Lobby will generally be open to the public throughout the year, but with certain exceptions as described in this Plan. b. Currently, the GRFA is staffed beginning June 1st and through to September 1st each summer. This constitutes the ‘summer operating season’. 11/5/2013 c. On performances days, the Lobby would be cleared of people 2 hours prior to the performance and the gates closed to accommodate setup and preparation for the event. The Lobby will reopen 1- 1/2 hours prior to any scheduled performance for ticketed patrons. 4. How will it operate in conjunction with the GRFA? a. When there are closed rehearsals on the stage, the public may still use the Lobby and the GRFA restrooms, but they would be prohibited from going further into the GRFA by stanchions and signage explaining the need for the restriction. b. On performance days, the Lobby will close to the general public 2 hours prior to the start time of a scheduled performance, (4:00 pm for Bravo events and 5:30 pm for Dance events). c. The Lobby will open, as will the East Entrance, 1- 1/2 hours prior to each performance, (currently the gates open 1 hour prior to the start of each event). d. Tickets and bag check will occur at the new Lobby gate entrance. Attendees may then move directly into the theater itself, or come and go into the Lobby space as needed. e. The Lobby will serve as an extension of the current entrance area of the GRFA allowing all theater goers to stay in the covered lobby space, have access to restrooms and concessions, etc. 5. What amenities will be available and when? a. During the summer operating season (approximately June 1st - September 1st between 11:00 am-5:00 pm) the restrooms of the GRFA will be accessible to lobby users. b. Concessions will be available from approximately the middle of June until the end of August from 11:00 - 4:00 each day. With a new operation, it is often difficult to best understand how people will use the space. During the first year, we know we will learn a lot of what works and does not work. We would look to review the operation at the end of each season with the Town Manager to make operational adjustments to best suit the park goers of Ford Park. 11/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 5, 2013 ITEM/TOPIC: Adjournment (6:35 p.m.) 11/5/2013