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HomeMy WebLinkAbout2014-11-04 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 6:00 P.M., NOVEMBER 4, 2014 TOWN QF VAIL� NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM /TOPIC: Citizen Participation (10 min.) 2. ITEM /TOPIC: Consent Agenda: 1) Approval of the October 7, 2014 Town Council Meeting Minutes 2) Approval of October 21, 2014 Town Council Meeting Minutes 3) Proclamation for Colorado Gives Day 4) Resolution No. 30, Series of 2014, TOV Bank Account Signature Authorization First Bank 5) Resolution No. 31, Series of 2014, TOV Bank Account Signature Authorization Alpine Bank 6) Resolution No. 32, Series of 2014, TOV Bank Account Signature Authorization Colotrust 7) Resolution No. 33, Series of 2014, TOV Bank Account Signature Authorization Piper Jaffray 8) Resolution No. 34, Series of 2014, TOV Bank Account Signature Authorization Schwab (10 min. ) 3. ITEM /TOPIC: Any Action as a Result of Executive Session (5 min. ) BACKGROUND: This agenda item has been added to the regular meeting agenda in order to allow for any official action required as a result of the executive session. 4. ITEM /TOPIC: Town Manager's Report: Council Action Plan Update and Capital Projects /Program Reports through September 30, 2014 (15 min. ) 5. ITEM /TOPIC: Betty Ford Alpine Gardens Education Center - Lease Area Amendment and Financial Surety (15 min.) PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approved, Approved with Modifications, or Deny the general lease terms, lease area amendment and proposed form of financial surety BACKGROUND: Upon approval of the request by the Gardens to proceed through the Town's development review process and to construct the Education Center on Town -owned land, the Vail 7WWZ9614cil required that prior to the issuance of a building permit for the Education Center that the applicant amend the lease area in Ford Park and to demonstrate the financial surety needed to construct the desired improvements. More specifically, the Condition of Approval states, "The TOV and the applicant (Betty Ford Alpine Gardens) shall mutually agree to amendments to the existing Betty Ford Alpine Garden Lease to include provisions for the education center. Said amendments shall be made, and the lease agreement fully executed, prior to the issuance of any improvements associated with this development application approval (PEC 14005). " STAFF RECOMMENDATION: Staff recommends the Vail Town Council approves the applicant's request as proposed 6. ITEM /TOPIC: 1 -70 Vail Underpass Update and Noise Assessment (60 min.) PRESENTER(S): Tom Kassmel, Public Works Engineer ACTION REQUESTED OF COUNCIL: Listen to the presentation and ask any questions with regards to the project. BACKGROUND: The 1 -70 Vail Underpass is a proposed new multimodal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under 1 -70. CDOT, the Town of Vail, and the selected design consultant, Felsburg, Holt & Ullevig (FHU), have begun the preliminary design process based on the endorsed preferred location of the underpass. The purpose of tonight's meeting is to provide an update of the design progress, provide the summary results of the Traffic Noise Impact & Assessment, and outline the process for consideration of noise walls. STAFF RECOMMENDATION: Listen to the presentation and ask any questions with regards to the project. 7. ITEM /TOPIC: First reading of Ordinance No. 16, Series 2014, 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, 2015 through December 31, 2015 (60 min.) PRESENTER(S): Kathleen Halloran, Assistant Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No, 16, Series 2014 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 16, Series 2014 8. ITEM /TOPIC: First reading of Ordinance No. 17, Series of 2014, an Ordinance to Rezone a Portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel Subdivision From Ski Base Recreation District to Ski Base Recreation 2 Distritfl, /4&QLAI at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel Subdivision, and Setting Forth Details in Regard Thereto. (PEC140022) (10 min. ) PRESENTER(S): Jonathan Spence, Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, Series of 2014, upon first reading. BACKGROUND: Vail Resorts, Inc., intends to transfer the subject property to the Ski and Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard Club parcel. It is anticipated that the transfer will occur shortly before the commencement of the redevelopment. The purpose of the amendment is to establish a development site with uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse. STAFF RECOMMENDATION: On October 27, 2014, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. T h is recommendation was based upon the review of the criteria outlined in the October 27, 2014 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. 9. ITEM /TOPIC: Second Reading of Ordinance No. 15, Series of 2014, An Ordinance Repealing and Reenacting the Approved Development Plan for Special Development District No. 8, Fallridge, Pursuant to Article 12- 9A -10, Amendment Procedures, Vail Town Code, to Allow for the Conversion of Three Commercial Condominiums to Three Residential Condominiums, Located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and Setting Forth Details in Regard Thereto. (PEC140033) (15 min.) PRESENTER(S): Joe Batcheller, Community Development ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 15, Series of 2014, upon second reading. BACKGROUND: The applicants, represented by Matthew King, are requesting a second reading of Ordinance No. 15, Series of 2014, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. On October 7, 2014, the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2014, with a vote of 4 -3 -0 (Bruno, Moffet, and Rogers opposed). On October 21, 2014, the Vail Town Council continued to November 4, 2014, the second reading of Ordinance No. 15, Series of 2014. 11/4/2014 STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Town Council approves the second reading of Ordinance 15, Series of 2014, with the following conditions: 1) The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C -1, 2,661 sq. ft.; C -2, 954 sq. ft.; C -3, 1,517 sq. ft.) in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12 -24 -6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C -1, C -2, and C -3. 10. ITEM /TOPIC: Adjournment (estimated 9:20 p.m.) 11/4/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 4, 2014 ITEM /TOPIC: Citizen Participation 11/4/2014 rowH Of vn �ii> TOWN Of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 4, 2014 ITEM /TOPIC: Consent Agenda: 1) Approval of the October 7, 2014 Town Council Meeting Minutes 2) Approval of October 21, 2014 Town Council Meeting Minutes 3) Proclamation for Colorado Gives Day 4) Resolution No. 30, Series of 2014, TOV Bank Account Signature Authorization First Bank 5) Resolution No. 31, Series of 2014, TOV Bank Account Signature Authorization Alpine Bank 6) Resolution No. 32, Series of 2014, TOV Bank Account Signature Authorization Colotrust 7) Resolution No. 33, Series of 2014, TOV Bank Account Signature Authorization Piper Jaffray 8) Resolution No. 34, Series of 2014, TOV Bank Account Signature Authorization Schwab ATTACHMENTS: October 7, 2014 TC Meeting Minutes October 21, 2014 Town Council Meeting Minutes Proclamation No. 6, Series of 2014 Resolution No. 30, Series of 2014 Resolution No. 31, Series of 2014 Resolution No. 32, Series of 2014 Resolution No. 33, Series of 2014 Resolution No. 34, Series of 2014 11/4/2014 Vail Town Council Meeting Minutes Tuesday, October 7, 2014 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, Mayor Pro Tern Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation with input from several people as follows: James van Beek, Sheriff's candidate serving the Republican party running for office presented his background and platform. Courtney Holm, candidate for District 2 Eagle County Commissioner, introduced herself and spoke about her background and platform for running for office. Jonathan Levine, Hummers of Vail, again presented information related to his prior police matter. At this time both the Mayor and Town Manager addressed the inappropriateness of this ongoing input from him on a police matter. It was noted that any further comments by Mr. Levine should be submitted to the District Attorney's office and the courts. It was noted that such complaints should not be directed towards local government officials as both the charter and state statute do not allow for such interference in police matters. Kara Bettis, Eagle County Coroner, thanked the town council for serving the community. She also noted her candidacy as an incumbent for the coroner's office sharing her background and qualifications for the position. The second item on the agendas was the Consent Agenda as follows: 1. Minutes from September 2, 2014 Council meeting Moffet moved to approve the September 2, 2014, minutes; Kurz seconded the motion and it passed unanimously by those voting (Daly abstained since he was absent from the meeting; 6 -0). 2. Minutes from September 16, 2014 Council meeting Moffet moved to approve the September 16, 2014, minutes; Kurz seconded the motion and it passed unanimously (7 -0). 3. 12 -13 -5: Employee Housing Unit Exchange Program — A request authorizing the Town Manager to execute a release of a deed restriction from an existing employee housing unit located at 1711 Geneva Drive Town Council Meeting Minutes of October 7, 2014 11/4/2014 Page 1 It was noted the Vail Local Housing Authority unanimously recommended the Vail Town Council approve the proposed exchange of an employee housing unit located at 1711 Geneva Drive, North Half Lot 5, Matterhorn Village Filing 1 in exchange for a fee in lieu payment for 1,119 square feet. It was noted by Town Attorney Matt Mire that this transaction is a cash payment. Rogers moved to approve the request for an exchange of an employee housing unit pursuant to the program to allow for the release of an employee housing deed restriction at that location. Kurz seconded the motion and it passed with a six to one vote (6 -1; Moffet - nay). 4. 12 -13 -5: Employee Housing Unit Exchange Program — A request authorizing the Town Manager to execute a release of a deed restriction from an existing employee housing unit located at 4166 Columbine Drive The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the proposed exchange of an employee housing unit located at 4166 Columbine Drive, Lot 18, Bighorn Subdivision in exchange for a fee in lieu payment for 860 square feet. Moffet expressed concerns and noted the funds collected with this transaction for housing fee in lieu must be then used for housing. He requested a review of housing policy be made in the near future. Kurz moved to approve the request for an exchange of an employee housing unit pursuant to the program to allow for the release of an employee housing deed restriction at that location. Rogers seconded the motion and it passed with a six to one vote (6 -1; Moffet - nay). The third item on the agenda was action as a result of the executive session. There were no actions taken as a result of the executive session. The fourth item on the agenda was the Town Manager's Report which included an update 1. Town's Passenger Transportation Ordinance & Outreach Meetings Update presented by Police Chief Dwight Henninger The presentation addressed the passenger transportation ordinance which was adopted in order to hopefully alleviate the congestion caused by agencies providing transportation services to the resort community. There was a review of maps showing staging locations with a reminder that permits and licenses are required. It was noted this program has been successful in reducing the conflicts occurring between types of services offered. There were no further recommendations made to the program and licensing. Jonathan Levine, Hummers of Vail, noted several concerns, such as 1) the evening's meeting was not made public by the police department, 2) the permitting and enforcement of Uber vendors and services, 3) there is no location for limousine staging in the 15 min parking zone area, 4) requested another meeting with Police Chief to address his concerns. A brief update was then provided answering the Mayor's question about the use of video cameras by police officers in cars and on body; Chief Henninger's response noted some of the technology improvements and shortfalls in that there has not been a good product for videos yet to use by the officers. The fifth item on the agenda was the Vail Golf and Nordic Center Clubhouse Project update presented by third party consultant, Chris Penney NV5, along with Stan Zemler and Greg Hall, Public Works. Zemler noted the item had been scheduled as an update first with a public hearing to follow at the next meeting in order to gather further community input about the proposal and next steps. There was mention that a joint session was held with the Vail Recreation District Board at their September meeting. Chris Penney with NV5 consultants then presented the results of his review of the project budget with follow up recommendations and proposed next steps. His presentation included a review of several business points including the process and project and budget history and reasons for supporting of the budget quality on the project. He noted the proposed budget as conservative with support of the remodel as still the right solution. It was noted that the current estimate for the remodel is $3.9 million more Town Council Meeting Minutes of October 7, 2014 11/4/2014 Page 2 than the original budget because of escalation in construction costs. His suggestions for moving forward were made which included: ✓ Engage a Project Manager / Owner's Representative ✓ Restart Zehren and their consultants ✓ Initiate `VE' process ✓ Submit to DRB ✓ Solicit a CM /GC, concurrent to DRB process ✓ Budget check at conclusion of CM /GC selection process ✓ Begin construction in September 2015 He noted some costs may be reduced if these steps were taken and PEC has already reviewed the proposed project in its current state. Greg Hall presented some of the project details, 1) the floor plans, 1 sc and 2 "d floors, elevations, 2) the exterior angles of the clubhouse from each geographic viewpoint, and 3) the site plan noting that it would be built on existing foundation with some bump out to the eastern side of the lot — possibly 12 to 14 feet. There were some questions and Zemler then spoke about the building capacity and parking spaces. Mayor Daly invited public input at this. 1. Debra Webster, resident, asked about using existing structure vs. building new structure and expressed concerns of moving forward if the court rulings were not final with a request council reconsider spending more money on the project at this time while the appeal is still being heard by the courts. 2. John Rediker, PEC member and resident, spoke about increase in construction costs especially attributable to the change in the scope of work and asked their consideration for releasing a request for bids on the project, which might help reduce costs. There was some discussion about the pros and cons of going out to bid with such high costs occurring (up 9% per year on the project). The consultant expressed a good comfort level with the proposed budget noting that there may be a need for a higher contingency of 20% for this project. Other bidding processes were discussed. 3. Kevin Hertzel, resident, supported the remodel of the Golf Clubhouse and Nordic Center as in its current state it is an eyesore and in some regards not up to building codes. It is time for a world class status building and time to get to a solution. 4. Lori Allen, resident, supported the project noting the land is beautiful but the building is substandard. It is necessary. 5. Jonathan Levine, Hummers Vail, noted that he hears most would prefer to build new rather than remodel. 6. Jim Lamont, Vail Homeowners Association, suggests that a maximum budget is established given all the perplexities of the construction costs that ebb and flow in the economy. He submitted his position about several business points as follows: 1) what will be the utilization of the space, 2) consider a value- engineered approach, and 3) suggests estimating future litigation costs and what happens if the town does not prevail. There was Town Council input at this time with various comments made about the project: Moffet spoke about his support of the project in light of the community vote in 2011 (having read the ballot question) with consternation about the rising costs but also noted they will monitor costs closely and explained he fully understood what the public wanted on this matter with the success of the vote. Rogers fully agreed with Moffet noting nothing controversial about the uses at this facility; and secondly, a tear down would require more funds and more time because it would be considered a new proposal that needs to go through the full process which would all cost more. Rogers moved to approve $3.9 M to develop the Clubhouse and Nordic Center; Kurz seconded the motion. Town Council Meeting Minutes of October 7, 2014 11/4/2014 Page 3 Kurz indicated that if they do not move forword at this time, they are going backwards as a community and he did not support stopping the process. He expressed that a redesign will cost more than a remodel and the town cannot afford those additional costs. Bruno agreed with these comments as well suggesting the community voted on this multi use aspect and it is a community asset that should not be looked at it in a limited fashion. Chapin spent a few minutes talking about the project and the many perceptions surrounding it. He supports the fact the community needs a world class facility at that location and delaying the project is not sensible. It is time to move on. He also thanked the community for their input. Bugby requested clarification on the motion and whether or not the additional funding was for the current design. Rogers responded with her support for the additional funding for the current design. He proceeded to detail some of his concerns, 1) public is opposed, 2) flawed design, 3) making an event center out of a golf clubhouse, 4) there was deception in the process and ballot question, 5) project is over budget, 6) shortage of parking, 7) litigation is ongoing, and finally expressing his opposition to the project in its current state. He requested a new forecast on the revenue & expenditures and a full service restaurant be included with the project. Kurz noted he was not involved in writing the ballot language and expressed great objection to comments made about deceiving the public; he pointed out these comments are opinion - based and not in the best interest of working together. Daly noted that he and Rogers were on town council at the time of the election and drafting the ballot language. He expressed his pride in serving the community of Vail and noted their intent was never to deceive the public and took exception to earlier comments made. He agreed the project has taken on quite the negative appeal and the noted their lack of public notice was provided the surrounding property owners. He raised the point that their public process approach has been adjusted as a result of the clubhouse in that both the Booth Creek Park and 1 -70 planning processes have included stakeholder and community involvement upfront. He supported the clubhouse remodel as it is time to upgrade the building which has served so many community functions and uses over the years. Daly expressed his appreciation to his colleagues and community for their input, noting some sound suggestions were provided about the operating agreement, occupancy limits and sound restrictions. Staff requested direction with regard to the recommended next steps for the Vail Golf and Nordic Center Clubhouse project and clarification about whether or not to include an amendment to the project budget of $3.9 M to be funded from the Capital Projects Fund. Daly noted the motion on the table from Rogers with a second by Kurz and a reminder about the follow up steps to include as part of the motion, 1) Engage a Project Manager / Owner's Representative, 2) Restart Zehren and their consultants, 3) Initiate 'VE' process, 4) Submit plans to DRB, 5) Solicit a CM /GC, concurrent to DRB process, 6) Budget check at conclusion of CM /GC selection process, and 7) to begin construction in September 2015. Rogers expressed her dismay with the name calling that has occurred by Councilor Bugby and reiterated her motion to approve the supplemental funding of $3.9 from the CIP Fund and to proceed with next steps as identified. The motion passed with a six to one vote (6 -1; Bugby — nay). Town Council Meeting Minutes of October 7, 2014 11/4/2014 Page 4 The sixth item on the agenda was the Town of Vail Municipal Site Redevelopment presented by Director of Community Development George Ruther and Will Hentschel, 359 Design, noting the purpose was to seek council and public input on the proposals for redeveloping the Town's municipal site, located at 75 South Frontage Road which currently houses the Town's administrative offices, police department, community development department and community - wide recycling drop off center. The council packet memorandum outlined redeveloping the site with three alternatives for consideration as follows 1. Construct a +/ -160 space parking garage and repair outdated building systems in the existing building. • Adds +/ -80 incremental new public parking spaces. • Demolishes the Community Development Department building and remodels the existing Town Administrative Offices. • Major disruption to operations during the remodel process. • Allows for future uses atop the entire area of the parking garage. • Likely the least expensive alternative. • Allows for a more extensive redevelopment to occur at a later date (i.e., Police Department). 2. Construct a +/ -160 space parking garage and construct a new municipal office building where the Town's administrative offices are currently located. • Adds +/ -80 incremental new public parking spaces. • Demolishes the Community Development Department building and the Town's Administrative Offices at the same time. • Requires the relocation of the town's municipal offices for the duration of construction • Requires minimal revisions to the current building plan sets. 3. Construct a +/ -160 space parking garage, 15 surface parking spaces, and build a new municipal office building atop the parking garage. • Adds +/ -80 incremental new public parking spaces. • Demolishes the Community Development Department and allows the use of the Town's Administrative Offices while the new building is under construction. • Requires more extensive revisions to the current building plan sets. • Increased utilization of the redevelopment site. • Likely the most expensive alternative. There were several questions asked by town council members as follows: ✓ What about including a performing arts facility which could house performances and art exhibits? ✓ How about including a plaza with the design? ✓ How about including a parking garage? ✓ How will disruption of the day to day business be mitigated? ✓ Does the current use of the land make the best choice considering the location? ✓ Is the site being utilized fully? ✓ How about more meeting facility space? ✓ How about grocery store? ✓ Would this location be better used for housing? ✓ Would this location be suited to including commercial or office space? Public comment was provided by resident Stephen Connelly who requested a thorough and new review be completed with public input as to what to include at that location and that options be provided which would best optimize the site. In summary, there was consensus to direct staff to continue to evaluate whether or not other services or uses should be included in the Town Council Meeting Minutes of October 7, 2014 11/4/2014 Page 5 redevelopment of the site. It was noted the current proposals include primarily a municipal services use with the plan to increase the parking spaces to 160 with a parking garage. The seventh item on the agenda was discussion about the 2014 -2015 Winter Parking Program as presented by Greg Hall, Public Works, with a request to approve the 2014 -2015 Winter Parking Program. He noted that every year the Town Council approves the winter parking program for the upcoming season with a recommendation to keep the program the same as the last year. He noted that new this season will be several operational improvements following installation of state -of- the -art parking equipment, including a license plate recognition feature that will systematically record the entry and exit of each vehicle, which will then be used to pinpoint lost ticket charges and re -entry access. In addition, he described the pay -on -foot stations being installed in the Vail Village and Lionshead parking garages that will enable pass holders to add value to their cards at any time once the card has been certified or re- certified by the town's parking sales office as well as expedite departure through a new express lane in Lionshead. As a guest service feature, the system will also be used to help reunite drivers with their cars by identifying which lot the vehicle entered. He also spoke about impacts from the 2015 Alpine World Ski Championships in February which would cause a closure of the 50 space soccer field parking lot from 1/2/2015 to 3/15/2015 for pink pass holders. Those holders will be redirected to the Ford Park lot during the closure. He spoke about obtaining a 3 month exception from CDOT to allow use of the 35 spaces along the N Frontage Road near Middle Creek to offset some of the lost parking. The Middle Creek parking had previously been used by pink parking pass holders. There was unanimous support of the program at the current pass rates, the current 2 hour free parking, free parking after 3 pm, and support for a request to CDOT about the use of the Frontage Road. There was some discussion about the ordinance violations imposed against those departing and reentering the parking structure within thirty minute timeframes, referred to as "looping." It was noted the enforcement has been minimal in this regard and there are some lost revenues with the behavior but the new equipment might help in reducing it. There were some public input suggestions made that might help improve some of the issues related to changing the signage and using tolerance with respect to looping. Council requested to re -set looping actions to fifteen minutes for re -entry and asked staff to collect data with no penalties at this time. It was noted that a review of this topic would be made again after the first of the year. The eighth item on the agenda was Ordinance No. 15, Series of 2014, First Reading, Amending SDD8 as presented by Joe Batcheller, Community Development, who noted the ordinance would repeal and reenact the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road ( Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. (PEC140033) The Planning and Environmental Commission recommends the Town Council approved first reading of Ordinance 15, Series of 2014, with the following conditions: 1. The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C -1, 2,661 sq. ft.; C -2, 954 sq. ft.; C -3, 1,517 sq. ft.) in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12 -24 -6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C -1, C -2, and C- The applicants, Matthew King, Mery Lapin and Bill Pierce, spoke on behalf of their request. The discussion addressed numerous topics about: Town Council Meeting Minutes of October 7, 2014 11/4/2014 Page 6 • The basis for the request and why the sizeable upzoning • Typically do not convert commercial units to residential units • What is the public benefit for the town approving this request • There is a loss of revenue with this approval The applicants noted some difficulties in achieving success with the units zoned commercial; there is no interest in office space or a restaurant (which is what the space is slated for) at this residential location. There was some opposition to the request because of the lack of public benefit gained from approving the request although it was suggested that some condition about enhancing housing would be a suitable trade off. Kurz moved to approve Ordinance No. 15, Series of 2014. Bugby seconded the motion and it passed with a four to three vote (Bruno, Moffet, Rogers — nay; 4 -3). There was no public input on this matter. The ninth item on the agenda was First Reading of Ordinance No. 16, Series of 2014, An Ordinance Amending the Vail Town Code by the Addition of a New Section 6 -3D -6, Prohibiting the Use of Compressed Flammable Gas in THC Extraction in Town Vail; and Setting Forth Details with Regard Thereto, as presented by Matt Mire, Town Attorney, with a request to approve, amend or deny first reading. He noted that since the adoption of Amendment 64, Colorado residents are attempting to extract THC from their personal use marijuana plants within their homes using compressed flammable gas as a solvent. Newly adopted C.R.S. § 9- 17 -113 expressly authorizes municipalities to prohibit this practice. Chapin moved to approve Ordinance No. 16, Series of 2014, Moffet seconded and the motion passed unanimously (7 -0). There was no public input on this matter. The tenth item on the agenda was adjournment. There being no further business to come before the council, moffet moved to adjourn the meeting and Kurz seconded. The motion passed unanimously, (7 -0) and the meeting adjourned 9:45 p.m. Respectfully Submitted, Attest: Andy Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of October 7, 2014 Page 7 11/4/2014 Vail Town Council Meeting Minutes Tuesday, October 21, 2014 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, Mayor Pro Tern Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation with input from several people as follows: 1. Chuck McConnell introduced himself as candidate for Colorado House of Representatives, District No. 26 representing Eagle County, who then shared some background qualifications and experience. 2. Jonathan Levine, Hummers of Vail, expressed concerns about Chief Henninger related to transportation vendor licensing and how the town will handle Uber services offered in the upcoming season. Mayor Daly responded that no further changes to the ordinance would be considered since there has not been any negative feedback received from the community or service providers. The second item on the agenda was the Consent Agenda items as follows: 1. Resolution No. 27, Series of 2014, Resolution approving Vail Local Marketing District 2015 Budget Moffet moved to approve Resolution No. 27; Rogers seconded the motion. Bugby noted concerns about the funding portion to Vail Valley Partnership for the group sales operations. He noted the amount was 20% of the overall VLMD budget as too much to pay and requested further review. Daly noted the VLMD budget discussion was already held at which time the details of the budget were addressed. The motion passed (6 -1; Bugby- opposed). 2. Resolution No. 28, Series of 2014, Snowberry Easement Exchange Agreement Moffet moved to approve Resolution No. 28; Kurz seconded the motion and it passed unanimously (7 -0). 3. Proclamation No. 4, Series of 2014, A Proclamation Declaring November 2 -8, 2014 Childhood Cancer Awareness Week Moffet moved to approve Proclamation No.4; Kurz seconded the motion and it passed unanimously (7 -0). Town Council Meeting Minutes of October 21, 2014 11/4/2014 Page 1 4. Proclamation No. 5, Series of 2014, A Proclamation Declaring October 19 -25, 2014, As National Friends of Libraries Week Moffet moved to approve Proclamation No. 5; Kurz seconded the motion and it passed unanimously (7 -0). The third item on the agenda was action as a result of the executive session. There were no actions taken as a result of the executive session. The fourth item on the agenda was the Town Manager's Report which included information about the following: 1. Update about Vail Fire Chief Mark Miller's resignation and last day with Town of Vail as November 7, 2015, and hiring of an interim Fire Chief, Steve Pishke, who has extensive background and qualifications. It was noted the hiring process for a permanent replacement would begin with the use of an appropriate search. 2. Update about tire check locations with some discussion about whether or not the town would be able to provide this service; staff was asked to provide such service program. It was noted there has been a great deal of collaboration already with CDOT to be more proactive with education and enforcement on the 1 -70 corridor in order to alleviate some of the issues with closures, many of which are due to bad tires on vehicles. The fifth item on the agenda was the presentation about a proposed draft program for disposable bag waste reduction as reviewed by Kristen Bertuglia, Environmental Sustainability Manager. It was noted the discussion was meant to obtain input on some of the proposed elements of a possible ordinance. There was mention of the Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, which committed the Town to reducing waste, reducing energy and carbon emissions, ensuring that the natural environment, specifically air and water quality, are improved, and that public education and awareness has increased. So in an effort to serve as environmental leaders, Bertuglia noted the town proposes addressing single use plastic shopping bags as an environmental concern. A quick review of the reasons why not to use plastic bags was made. After some additional information was presented, Mayor Daly asked for public input: 1. Mike Dunahey spoke about his support of using reusable bags and has been doing so since the 70s. He requested the town to please move forward with this effort. 2. Frank Barborek, resident, spoke about the use of different types of recycling bags made out of differing products and there are pros and cons to using each of the different products. He expressed concern about a plastic bag ban because of this reason and requested a thoughtful approach to identifying many options that could be pursued. 3. Shawn Ruckman, resident, spoke on behalf of her employer Vail Honeywagon, and in her role as Recycling Manager, she has familiarity with the recycling ordinance. She expressed support of more education about the kinds of recycling bags available and a support of using a fee to help fund the educational efforts on the topic. 4. Bob Maroney noted the many statistics and studies that exist with regard to the plastic bag ban topic and encouraged the town to move forward doing the right thing by addressing a ban on use of the bags. 5. Kim Langmaid, Walking Mountains Science School, expressed support to the Town of Vail in making environmental decisions and serving as leaders in the community to move forward with an ordinance. 6. Stephen Connelly, resident, spoke about some pros and cons that surround many studies and encouraged the town to move forward with implementing its 2009 priorities established Town Council Meeting Minutes of October 21, 2014 11/4/2014 Page 2 in the sustainability document. He encouraged clear and strong language in the ordinance that bans the use of these plastic bags. 7. Gwen Scalpello, resident, encouraged moving forward with banning use of plastic bags, but was not supportive of then turning around and charging for brown bags. 8. Bob Boselli, local business owner, has joined in the effort to provide customers with other options to the plastic bag and supported focusing on the banning of the use of plastic grocery bags as a start, and then possibly expanding the ban to a broader retailer group. 9. Keith Eickelman, a vendor who sells bag products to retailers, spoke about resort communities transitioning away from use of plastic bags and suggests a careful review when doing so, noting that reusable products often cost more and are made oversees. There was further review of Colorado Association of Ski Town's "Bag Challenge — 2010" with some successful participation from Vail. Bertuglia also identified other items that have helped provide context to the effort, such as the Bag It Movie — 2012, the White Paper presented to Council in 2013, both Safeway and City Market are supportive of the effort, and support from the Community Survey. There were a number of elements suggested to include with a disposable bag ordinance as follows ( Vail's Draft Program): 1. Ban on plastic, 10 cent fee on paper. (carryout bags only) 2. Applies to: grocery stores only (over 3,500 sq ft) 3. Applies to: carryout bags only (not produce bags) 4. Fees collected: 25% to stores, 75% to fund for waste reduction /education; Fee collected is designated to environmental education and waste reduction, a portion of which is retained by grocery stores for administration 5. May 1st effective date; A reasonable timeline for implementation In addition some next steps were identified, 1) Draft ordinance revisions, 2) First reading fall /winter 2014, 3) Community outreach /phase In period, 4) Implementation May 1, 2015. Mayor Daly asked for Council input as follows: Bruno asked for information about what Hawaii has implemented and suggested there is a complete review of the pros and cons of the options. Moffet expressed there are areas of the country that have been moving in this direction already. Kurz expressed support for moving in this direction but with some reservations about charging a fee for other bags at the grocery stores. Rogers spoke in favor of imposing a plastic bag ban for all the reasons discussed and noted the right step to improving Vail's goal of environmental stewardship. Chapin supported the fee to support educational programs and supported the ban be imposed on both grocery stores and retailers. Bugby spoke about the need to review the ban in relation to other larger impacts or other kinds of garbage and how it does in contributing to clogging up landfills and he opposed a fee. Daly supported the ban but does not support a fee on paper bags, and sees the town serving an educational role in the effort. Chapin doesn't necessarily support the fee but thinks it might be needed in order to change the behavior. Rogers supports the fee and thinks it necessary. Mayor Daly encouraged the town to stay sensitive to the guest driven resort that Vail is as a community and thanked the public for their feedback and input on the topic. At this time staff was asked to draft an ordinance for consideration at a future meeting. The sixth item on the agenda was Resolution No. 29, Series of 2014, A Resolution Approving an Emergency Response Services Intergovernmental Agreement Between the Town of Vail and Eagle County; and Setting Forth Details in Regard Thereto. Matt Mire, Town Attorney, noted that the Vail Fire and Emergency Services has historically provided emergency response services for incidents outside town limits occurring on Vail Pass between mile markers 182 and Town Council Meeting Minutes of October 21, 2014 11/4/2014 Page 3 190 on Interstate 70. After many discussions, the Town and the County have agreed to enter into a formal agreement whereby Vail Fire will provide for the town's continued provision of emergency response services for incidents occurring on Vail Pass for 2015. Mayor Daly highlighted some of their concerns with providing this service over the years in that the town has spent well over $150K per year, the drain it has presented on the town's ability to staff these scenarios and the impact of wear and tear on its vehicles. He hoped implementing this IGA would be a considerable successful compromise on this matter. The Council thanked Fire Chief Mark Miller for his effort in getting this headed in the right direction with the county and the County Commissioners for their support. Bugby moved to approve Resolution No 29; Moffet seconded the motion and it passed unanimously (7 -0). There was no public input on this topic. The seventh item on the agenda was Ordinance No. 15, Series of 2014, Second Reading, Amending SDD8 as presented by Joe Batcheller, Community Development, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. (PEC140033) On October 7, 2014, the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2014. After some discussion and concerns expressed related to public benefit recommendations, Moffet moved to table the item until November 4, 2014; Chapin seconded the motion. There was a request that the applicants provide a recommendation that would help to develop an offsetting value to the passage of this ordinance, in other words suggest a more favorable public benefit for the community. Chapin noted that tabling the item would allow more time for some education about this type of request. Staff presented the request and Matthew King, applicant, spoke about their inability to use the units successfully as commercial units, noting that there really is not a financial windfall for them with the request, as there would be substantial costs to convert them to residential units. He also suggested the revenue generated by the units served as a town benefit. Mayor Daly noted the motion on the table and the motion was approved (6 -1; Kurz - opposed). There was a request for a site tour to the property during the November 4th meeting. Mire reminded everyone that tabling the item meant the public hearing would also be continued. The eighth item on the agenda was Second Reading of Ordinance No. 16, Series of 2014, An Ordinance Amending the Vail Town Code by the Addition of a New Section 6 -3D -6, Prohibiting the Use of Compressed Flammable Gas in THC Extraction in Town Vail; and Setting Forth Details with Regard Thereto. Matt Mire, Town Attorney, noted since the adoption of Amendment 64, Colorado residents are attempting to extract THC from their personal use marijuana plants within their homes using compressed flammable gas as a solvent. Newly adopted C.R.S. § 9 -17 -113 expressly authorizes municipalities to prohibit this practice. Moffet moved to approve Ordinance No. 16; Kurz seconded the motion and it passed unanimously (7- 0). Mayor Daly invited public input on this topic; there was no public input. The ninth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded. The motion passed unanimously, (7 -0) and the meeting adjourned 7:35 p.m. Town Council Meeting Minutes of October 21, 2014 11/4/2014 Page 4 Respectfully Submitted, Attest: Andy Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of October 21, 2014 11/4/2014 Page 5 TOWN Of VAIL' Proclamation No. 6, Series of 2014 A Proclamation Declaring December 9, 2014 as Colorado Gives Day WHEREAS, charitable giving in the Town of Vail, Colorado is critical to providing support that local nonprofit organizations need to make our community a desirable place to live; and WHEREAS, research shows an increase in online giving both locally and nationally, and many believe it is the future of philanthropy; and WHEREAS, Community First Foundation and First Bank have partnered in an effort to increase charitable giving in our community through the online giving initiative Colorado Gives Day; and WHEREAS, Colorado Gives Day in 2013 raised $20.5 million in a single 24 -hour period via online donations, $690,000 to Eagle County nonprofits, at coloradogives.org a website allowing donors to direct their contributions to one or more of the thirty (32) local, Eagle County, charities featured on the site, making it an ideal resource for facilitating charitable giving to our locally -based nonprofit organizations; and WHEREAS, Colorado Gives Day is December 9 this year, and all citizens are encouraged to participate because all donations, large or small, can make a difference to nonprofits in need. NOW, THEREFORE, BE IT PROCLAIMED by Mayor Andy Daly and the Town Council of the Town of Vail, Colorado that Tuesday, December 9, 2014, will be known as Colorado Gives Day in our community. Andrew P. Daly, Mayor Attest: Patty McKenny, Town Clerk ILL. 11/4/2014 RESOLUTION NO. 30 Series of 2014 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND KATHLEEN HALLORAN ON THE FIRST BANK ACCOUNTS FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions for funds of the Town; and WHEREAS, the Town wishes to designate Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, and Kathleen Halloran as signers on these accounts. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, and Kathleen Halloran are hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 4th day of November, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 30, Series of 2014 11/4/2014 RESOLUTION NO. 31 Series of 2014 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND KATHLEEN HALLORAN ON THE ALPINE BANK ACCOUNTS FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions for funds of the Town; and WHEREAS, the Town wishes to designate Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, and Kathleen Halloran as signers on these accounts. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, and Kathleen Halloran are hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 4th day of November, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 31, Series of 2014 11/4/2014 RESOLUTION NO. 32 Series of 2014 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND KATHLEEN HALLORAN ON THE COLOTRUST ACCOUNTS FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions for funds of the Town; and WHEREAS, the Town wishes to designate Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, and Kathleen Halloran as signers on these accounts. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, and Kathleen Halloran are hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 4th day of November, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 32, Series of 2014 11/4/2014 RESOLUTION NO. 33 Series of 2014 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, AND KATHLEEN HALLORAN ON THE INVESTMENTS ACCOUNT HELD AT PIPER JAFFRAY FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions for funds of the Town; and WHEREAS, the Town wishes to designate Stan Zemler, Pamela A. Brandmeyer, and Kathleen Halloran as signers on these accounts. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Stan Zemler, Pamela A. Brandmeyer, and Kathleen Halloran are hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 4th day of November, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 33, Series of 2014 11/4/2014 RESOLUTION NO. 34 Series of 2014 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, AND KATHLEEN HALLORAN ON THE INVESTMENT ACCOUNT HELD AT CHARLES SCHWAB FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions for funds of the Town; and WHEREAS, the Town wishes to designate Stan Zemler, Pamela A. Brandmeyer, and Kathleen Halloran as signers on these accounts. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Stan Zemler, Pamela A. Brandmeyer, and Kathleen Halloran are hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 4th day of November, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 34, Series of 2014 11/4/2014 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 4, 2014 ITEM /TOPIC: Any Action as a Result of Executive Session BACKGROUND: This agenda item has been added to the regular meeting agenda in order to allow for any official action required as a result of the executive session. 11/4/2014 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 4, 2014 ITEM /TOPIC: Town Manager's Report: Council Action Plan Update and Capital Projects /Program Reports through September 30, 2014 11/4/2014 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 4, 2014 ITEM /TOPIC: Betty Ford Alpine Gardens Education Center - Lease Area Amendment and Financial Surety PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approved, Approved with Modifications, or Deny the general lease terms, lease area amendment and proposed form of financial surety BACKGROUND: Upon approval of the request by the Gardens to proceed through the Town's development review process and to construct the Education Center on Town -owned land, the Vail Town Council required that prior to the issuance of a building permit for the Education Center that the applicant amend the lease area in Ford Park and to demonstrate the financial surety needed to construct the desired improvements. More specifically, the Condition of Approval states, "The TOV and the applicant (Betty Ford Alpine Gardens) shall mutually agree to amendments to the existing Betty Ford Alpine Garden Lease to include provisions for the education center. Said amendments shall be made, and the lease agreement fully executed, prior to the issuance of any improvements associated with this development application approval (PEC14005)." STAFF RECOMMENDATION: Staff recommends the Vail Town Council approves the applicant's request as proposed ATTACHMENTS: Town Council Memorandum VVF Amphitheater Lease Operational Plan Loan Commitment Lease Area Exhibit 11/4/2014 TOWN OF 0) VAIL' Memorandum To: Vail Town Council From: George Ruther, Director of Community Development Date: November 4, 2014 Subject: Betty Ford Alpine Gardens Education Center — Lease Area Amendments and Financial Surety Purpose The purpose of this memorandum is to provide the Vail Town Council with background information on the need to amend the lease area boundaries of the Betty Ford Alpine Gardens in Gerald R. Ford Park and to demonstrate the financial surety needed to construct the Betty Ford Alpine Garden Education Center. Upon approval of the request by the Gardens to proceed through the Town's development review process and to construct the Education Center on Town -owned land, the Vail Town Council required that prior to the issuance of a building permit for the Education Center that the applicant amend the lease area in Ford Park and to demonstrate the financial surety needed to construct the desired improvements. More specifically, the Condition of Approval states, "The TOV and the applicant (Betty Ford Alpine Gardens) shall mutually agree to amendments to the existing Betty Ford Alpine Garden Lease to include provisions for the education center. Said amendments shall be made, and the lease agreement fully executed, prior to the issuance of any improvements associated with this development application approval (PEC14005). The applicant was informed of this condition of approval, and all others, on July 14, 2014. Proposed Lease Area Terms The Betty Ford Alpine Gardens currently holds a lease and license for their existing improvements in the Ford Park. As the Gardens is now proposing to expand their improvements and operations within the Park to an area presently outside the leasehold area, an amended lease and lease area map is required. Based upon review of the current lease and lease area map, as well as the approval of a conditional use permit to allow for the operation of a new education center in Ford Park, the following terms are proposed for inclusion in an amended lease: • Term (currently 49 years ending on May 30, 2046) 1 11/4/2014 • Improvements (reference the education center and its operations... Betty Ford Gardens Family Education Center Operational Plan, as amended, July 7, 2014) - Uses - Events - Program of space - Occupancy - Parking - Building materials - Access - Outdoor lighting - Deliveries - Amendment procedures • Insurance ( increases in coverage to be commensurate with the value of the improvements and any increases in liability) • Lease Area Exhibit ( amend the lease area boundaries to include site of the education center and the subterranean soil nail shoring system) If the proposed terms are deemed acceptable to the Vail Town Council, acting on behalf of the property owner, town staff will prepare an amended lease to be executed by and between the Town of Vail and the Betty Ford Alpine Gardens. Are the terms, as proposed, deemed acceptable by the Vail Town Council? If not, what changes are required in order to receive an approval by the Town Council? III. Financial Surety The Vail Town Council has required the Betty Ford Alpine Gardens to demonstrate the financial ability to complete the construction of the Education Center once started. The Town Council specifically requested a completion bond be posted prior to the issuance of a building permit approving the construction of the Education Center. The applicant has expressed difficulties associated with posting a completion bond. Instead, the applicant is proposing that the Town Council accepts an approved line of credit, to which the Town of Vail shall have access, in an amount sufficient to cover the cost of completing the project. Clearly, the Town Council's intent of the financial surety was to ensure that the financial resources needed to complete the project were in place prior to the start of construction and remained in place until its completion. The intended outcome of this requirement was to ensure that the Town was not left with a partially completed improvement within Ford Park. A copy of the applicant's proposed form of financial surety (loan commitment letter) is attached for reference. Does the Vail Town Council approve the proposed form of financial surety as presented by the applicant? IV. Attachments 1. The Vail Alpine Garden Foundation /Town of Vail Lease for the Alpine Garden and License for the Alpine Display Garden, dated May 22, 1997. 2. Betty Ford Alpine Gardens family Education Center Operational Plan, dated July 7, 2014. 2 11/4/2014 3. Betty Ford Alpine Gardens /FirstBank Loan Commitment Letter, dated October 1, 2014. 4. Lease Area Amendment Exhibit (draft) 11/4/2014 VAIL VALLEY FOUNDATION/TOWN OF VAIL AGREEMENT THIS AGREEMENT, made and entered into as of this ib day of, 2000 by and. .between the VAIL VALLEY FOUNDATION ( "Foundation "), P.O. Box 309, Vail, Colorado 81658, and the TOWN OF VAIL, -Colorado ( "Town "), with Municipal Offices at 75 South Frontage Road, Vail, Colorado 81657. 1. RECITALS 1. The Foundation is a non - profit, tax - exempt charitable organization involved in supporting community charitable, cultural, educational and recreational programs within the Vail Valley; 2. The Town desires to work with and encourages the Foundation to undertake projects which would benefit the citizens of and visitors to Vail; 3. The Foundation did use to operate the Ford Amphitheater ( "Amphitheater) and has an endowment for the purposes of financing the ongoing repair and maintenance operations of the Amphitheater, thereby relieving the burden of so doing to the Town and providing a quality facility for recreational activities and events, and for the citizens of and visitors to the Vail Valley and the State of Colorado; NOW, THEREFORE, the Foundation and the Town agree as follows: II. AGREEMENT 1. Ground Lease On the terms and conditions set out below, and the consideration of the payment of ten dollars ($10.00) by the Foundation to the Town and the prompt performance by the Foundation and the Town of the covenants and agreements to be kept and performed by the Foundation and the Town, the Town does lease to the Foundation and the Foundation hereby leases from the Town the following property described in Exhibit A attached hereto ( "property ") lying in the Town of Vail, County of Eagle and State of Colorado. 2. Term A. This lease shall be for a term commencing on June 1, 2000 and ending May 31, 2015, unless sooner terminated as hereinafter provided. B. At the expiration of the original term of this lease, if the lease is still in full force and effect and the Foundation is not in default of any of its terms and conditions, the Foundation shall have the option to extend this Lease, upon the same terms and conditions for an additional term of ten (10) years, to commence on June 1, 2015 and to end on May 31, 2025. The option for each such extended term shall be exercised by the Foundation by giving written notice thereof to the Town not less than sixty (60) days prior to the expiration of the original term. 1 11/4/2014 3. Rental The Foundation agrees to pay the Town a rent of ten dollars ($10.00) for the full term of this lease payable in advance at such place as the Town may specify in writing to the Foundation. 4. Lease Expenses and Costs During the term of this lease the Foundation shall pay all costs, expenses and obligations of every kind or nature relating to the property or the improvements thereon which may arise or become due. Notwithstanding the foregoing, the Town will impose no expense or cost on the Foundation which would cause the Foundation to lose its tax exempt status. 5. Payment of Taxes During the term of this lease the Foundation shall pay, before any fine, penalty, interest or cost may be added, or become due or be imposed for nonpayment thereof, all taxes, assessments, water and sewer rents, rates and charges, transfer taxes, charges for public utilities, excises, levies, licenses and permit fees, and other Governmental charges which during the term of this lease may be assessed or become a lien on the property with respect to the Amphitheater improvements on the property itself. Notwithstanding the foregoing, the Town will impose no tax, assessment, rate or charge which would cause the Foundation to lose its tax - exempt status. 6. Improvements At the inception of this lease term, the Town of Vail has adopted a final report dated April 14, 1997 for a Master Management Plan for Gerald R. Ford Park. The goal of the Management Plan project is to provide direction, parameters and limitations on future development proposals within the Park and to clarify management roles and responsibilities of the various user groups within the Park. Any additional improvements desired by the Foundation shall be in accordance with the Management Plan and with plans and specifications approved by the Town of Vail. These improvements may be implemented in multiple phases. The Foundation shall not use the property for any other purpose except for the construction, maintenance and operation of the Amphitheater as set forth herein and for the production of concerts, artistic performances, dance recitals, lectures, classes, private functions compatible with Town of Vail and Vail Valley Foundation charters, and other events of community interest. The Town shall be entitled to be represented by someone of its own choosing on the Vail Valley Foundation Committee which is responsible for the planning for and scheduling of events for the Amphitheater. 7. Permits The Foundation shall procure permits necessary for any construction work it wishes to proceed with on the property and during such construction shall comply with all applicable legal requirements. All work done by the Foundation shall comply with all applicable laws, ordinance and regulations of the State of Colorado and the Town of Vail. 2 11/4/2014 8. Bonds If any work done by the Foundation on the property is to exceed the total sum of fifty thousand dollars ($50,000.00) the Foundation shall obtain all the necessary surety bonds from the contractor who is to do the work as required and set forth by Title 38, Article 26 of the Colorado Revised Statutes, as amended. The Foundation shall submit to the Town for its review, which approval shall not be unreasonably delayed or withheld, a copy of the written construction agreement with the general contractor who is to do the work on the property. 9. Waiver of Fees The Town agrees to waive all building and development fees within its control and to aggressively recommend in writing to other Governmental and public entities and political subdivisions that such entities and political subdivisions also waive any fees that may normally be assessable during the development of the Amphitheater. 10. Insurance At all times during the term of this Agreement the Foundation shall carry and maintain the following insurance policies with insurance companies satisfactory to the Town. Such policies shall include a provision requiring a minimum of thirty (30) days notice to the Town in case of change or cancellation, 1) From the time when construction of any improvements commence a builder's risk policy in an amount equal to cover the current replacement cost of any such improvement. 2) From the time when this lease commences, comprehensive general liability insurance in an amount of ($5,000,000) five million dollars per occurrence including the following coverages: Contractual insurance; personal injury; premises operations; explosion, collapse and underground hazards; product completed operations hazards; broad form property damage; and independent contractors. 3) The Foundation shall require all contractors and subcontractors performing services in the construction of any improvements on the property to obtain worker's compensation insurance in accordance with the provisions of the Workman's Compensation Act of the State of Colorado for all employees engaged in the construction of said improvements. 4) Liquor liability insurance in an amount of one million dollars ($1,000,000.00) per occurrence. 5) From the time any improvements are completed on the property and while this lease is still in effect, fire and extended coverage insurance in an amount equal to one hundred percent (100 %) of the full replacement cost of the Amphitheater. All policies of insurance required to be maintained by the Foundation shall name the Town and the Foundation as the insured as their respective interests may appear. The Foundation shall provide the Town with certificates of insurance evidencing the policies listed above prior to the commencement of the term of this Agreement. The Foundation and the Town agree that in the event of 3 11/4/2014 the destruction or damage of any of the improvements constructed by the Foundation all insurance money which is payable to the Town and /or the Foundation shall be utilized to replace or repair said improvements. Any excess money received from insurance after the reconstruction or repair of said improvements, if there be no default on the part of the Foundation in the performance of this Agreement, shall be paid to the Foundation. 11. Indemnification The Foundation agrees to indemnify, defend, hold and save harmless the Town against any and all claims, debts, demands or obligations which may be made against the Town arising by reason of or in connection with any alleged act or omission of the Foundation or any person claiming under, by, or through the Foundation; and if it becomes necessary for the Town to defend any action seeking to impose any such liability, the Foundation shall pay the Town all costs of court and attorneys fees incurred by the Town in such defense in addition to any other sums which the Foundation may called upon to pay by reason of any entry of judgment against the Town in any such litigation. The Town agrees to indemnify, defend, hold and save harmless the Foundation against any and all claims, debts, demands or obligations which may be made against the Foundation arising by reason of or in connection with any alleged act or omission of the Town or any person claiming under, by, or through the Town; and if it becomes necessary for the Foundation to defend any action seeking to impose any such liability, the Town shall pay the Foundation all costs of court and attorneys fees incurred by the Foundation in such defense in addition to any other sums which the Town may be called upon to pay by reason of any entry of judgment against the Foundation in any such litigation. 12. No Lien The Foundation agrees that it will not permit or suffer to be filed or claimed against the interest of the Town in the property during the term of this agreement any lien or claim of any kind and if such lien or claim be filed, it shall be the duty of the Foundation thirty (30) days after having been given notice of such lien or claim by the Town to cause the property to be released from such lien or claim either by payment or by posting of a bond or by the payment into the appropriate court of the amount necessary to relieve and release the property from such claim, or in any other matter which as a matter of law will result, within such period of thirty (30) days, in releasing the Town and the property from such lien or claim. 13. Assignment This lease may not be assigned or sublet without the prior written approval of the Town. The lease may be assigned for the purpose of obtaining financing for the improvements on the property. The terms of such assignment to obtain financing must be approved by the Town and subject to Section 14. 4 11/4/2014 14. Financing The Foundation shall be responsible during the term of this lease for financing the construction of any improvements on the property and for the repayment of any loans obtained for the construction of the improvements on the property. The Foundation agrees to indemnify and hold the Town harmless from any failure to repay any loan used to finance the construction of said improvements. 15. Repair Obligations During the term of this lease the Foundation will keep in a good state of repair the property and all improvements constructed on the property by the Foundation. 16. Foundations Default and Termination of Lease The Town may give the Foundation five (5) days notice of the intention to terminate this lease if the Foundation is in default in the performance of any of the covenants, terms or conditions of this lease and such default is not cured within thirty (30) days after written notice thereof by the Town. If the Town shall give the five (5) days notice of termination, then at the expiration of such period this lease shall terminate as completely as if that were the date definitely fixed for the expiration of the term of this lease and the Foundation shall then surrender the property to the Town. If this lease shall so terminate, it shall be lawful for the Town at its option, without formal demand or notice of any kind, to reenter the leased property by any means, including force, and to remove the Foundation therefrom without being liable for any damages therefor. The Foundation shall remain liable for all its obligations under this Agreement despite the termination of this lease and the Town's reentry. 17. Termination upon Completion and Acceptance of the Amphitheater. Upon the occurrence of the following events, this lease shall terminate and all interests in the property and all improvements thereon shall revert to the Town: A) The issuance of a certificate of occupancy to the Amphitheater. B) Acceptance of the Amphitheater by the Town of Vail 18. Expiration At the expiration of this lease the Foundation will deliver possession of the property and all improvements including any furnishings, fixtures and equipment which the Foundation may have affixed upon the property to the Town. 19. Maintenance of the Amphitheater During the term of this agreement, the Foundation shall be and remain fully and solely liable for all costs and expenses relating to the operation, maintenance and repair of the property and all improvements thereon. 20. No Waiver No waiver of a breach of any of the covenants in this lease shall be construed to be a waiver of any succeeding breach of the same covenant. 11/4/2014 21. Written Modifications No modification, release, discharge or a waiver of any provisions hereof shall be of any force, affected or value unless in writing signed by the Town and the Foundation. 22. Entire Agreement This document and its Exhibits contain the entire agreement between the Town and the Foundation as of the date of signing. The execution hereof has not been induced by either party, by representations, promises or understandings not expressed within this agreement, and there are not collateral agreements, stipulations, promises, or undertakings whatsoever upon the respective parties which in any way touch the subject matter of this instrument which are not expressly contained in this instrument. 23. Notices If either party desires to give notice to the other in connection with and according to the terms of this agreement, such notice shall be by a registered or certified mail and it shall be deemed given when deposited in the United States mail with postage prepaid and such notices are addressed as follows: Town Manager Town of Vail 75 S. Frontage Road Vail, Colorado 81657 President Vail Valley Foundation Post Office Box 309 Vail, Colorado 81658 24. License Agreement The Foundation agrees during the term of this lease to permit the Town to enter into a limited license agreement with the Vail Alpine Garden for the sole purpose of allowing the Vail Alpine Garden to build a garden for display purposes in a planter area at the entrance of the Amphitheater as set forth in Exhibit B attached hereto. At the time of entering into this Agreement, the Foundation and the Vail Alpine Garden are negotiating a change to Exhibit B. At the conclusion of those negotiations this provision is subject to deletion or amendment. 25. Cooperation with Town The Foundation agrees to cooperate with the Town of Vail to enable the Town to construct improvements in Gerald R. Ford Park and will assist in the implementation of the Master Management Plan for Gerald R. Ford Park. 26. Number of Scheduled Events During each year of this lease term and any extension thereof the Foundation shall sponsor no less than twenty (20) events of the kind set forth in Section 6 of this Agreement D 11/4/2014 27. Financial Statements During each year of this lease term and any extension thereof, the Foundation shall file a copy of its financial statement, including balance sheets, profit/loss statement, and endowment funds earmarked, with the Town. IN WITNESS WHEREOF, the parties so sign this Agreement on this day of 2000. TOWN OF VAIL VAIL VALLEY FOUNDATION By: Cecilia Folz, Preside By: ItI7'e4-0 CIF Robert W. McLaurin, Town Manger 4 ATT T: J orel onaldson, Town Cleric 7 11/4/2014 1!ARCEL A Exhibit A An unplatted parcel of land located in Township 5 South, Range 80 West of the �flwn of Vai 1 , Eagle County, Colorado, BEST COPY AVAILABLE the NE 1/4, Section 8. Sixth Principal Meridian, described as follows: Beginning"- at a - cpoint Whence. the narthea% carnc�r pf The Wren. A 'Conc!pminiur;t Pr.o'ject, according to the, m40*;thereof recorded in the oM kho Eagle County, 'Caloradg, C1`erk and Recorder, bears N W 1165.76 feet; thence N. 113 i 8' S6" E 150.195 feet; thence 9"412 31 ' feet; 'thence NK 6 `a25r:47" E 14-4.61 feet t r. thence 'N 78 l3' S a." !<', b3. �G� .,f eel i thence: S 84 14' 43" E 12'2-84 feet; h"4!v 9 88'2Q 36 "� � '>�34.6: �'feet; .•�henG�;rS 3:i 13' X46" W 310.14 }-,F +��;; 'th�nr���>�,45 .p7; U4p ^W�,8E..26•ieet; thence S 7q 5v° 17" W 148;'65 ' •, ►r' ak ;•thgncr►,'I 54.•06.':' W: 130.00.,•f e�et' to the oint of beginning, ,� y curt i n1 nq , 2; 574 Acre*, 'more or .. l ews. point tip,' �� ; y�c.r' + t , a • i r4 {:t + �/. �}�nP�dted•:parca l, Qf }�anc�y "1a[ated �n 'the'.ME 1/4g _Section .S Range, 86jhsit of the S,lAh:Princ,ipal Meridian, of ►.Vailf E.�g1Q:�+Cq,unty}; Colorado,. described asd follows: q .a gint, whencq the ngrtheast ,corner of The Wren. A oc►domini,um:•Pr " oject,`: AS.corsding to the map thereof '. recorded in the `ice; ofy EAgZW CountyR `Colorado', Clerk and. Fiecorder, bears N 1165 7b'' feet, said oin p t of beginning also being-the sc>N,tthwe�terl �' corner, of. Parcel A dKSCr i bed 'above thcrncr. N 61 x9'35" E 145;C10' ' feet; thence S 59 50'4•x" E 1u`',.00 feet to trIc- 0 ;,'$outlier 1 y line of said. Parcel, �Al thence the following two caur• Hes i OnO aaf d southerly;:. 1 i ne:• (1) S 79 55' 17'!' W 90. t:►t{ feet; (2) N 89 9•.•;Qa" W 13u 6-,the point of beQinning, containing 0.1723 acres, more or Less: "• Lel and J. `it,�.`,' •:a.. r" Colorado. f I• ■NILArpQ1J`J ;,, S.. • 23506; �. FORD AMPHITHEATER n A/L_P I N r'/ G R-D El�l N11651 5F F 975FS145 41 PEDESTRIAN 11,42p14 BRIDGE 77) ENT.aREA FORD PARK •VAIL, COLORADO SCALE: t"- �3' EXHIBIT "B" / MEMORANDUM DATE: November 20, 2001 TO: Bill Gibson Lolnttei�l�iid�n � FROM: Mary Ann Be'i SUBJECT: Letter Agreement — VVFNail Alpine Garden Foundation Bill, attached, for your files is a copy of the Letter Agreement for the Alpine Garden Foundation to maintain the garden at the entrance of the Gerald Ford Amphitheater. This agreement was formerly a part of the Land lease between the Town and the Alpine Garden Foundation. At the request of the VVF, that clause was removed in the Lease Amendment of November, 2001 and is now a separate agreement between the VVF and the Alpine Garden Foundation. Lore the original of the Agreement is enclosed for storage in the fire safe. Attachment Cc: Legal File #303 FArnbeMATTORNEYWemo 2001 \wf alpine garden agreement.doc 11/4/11/4/2014 �eonrnnn�i `'� LETTER OF INTENT November 9,2001 To: Ry Southard Betty Ford Alpine Gardens From: Kurt Krieg Vail Valley Foundation The Vail Valley Foundation is pleased to have a great partnership with the Vail Alpine Garden Foundation (VAGF) and Betty Ford Alpine Gardens. As stated by the Alpine Gardens, they are in their final phase of construction in Ford Park and are currently working outside the front entry of the .Gerald R. Ford Amphitheater Vilar Pavilion ( GRFAVP). The Vail Valley Foundation agrees to sublease the area outside of the GRFAVP entry, a parcel called the "original" Alpine Gardens or "front entry circle and garden knoll" to the VAGF. Please see attached exhibit for boundaries. With this lease the Foundation grants the Alpine Gardens permission to construct, excavate, maintain and plant in this parcel, understanding that foliage, florals, and plant. materials are full and of- prominent nature as it is the front entrance to the amphitheater. All costs associated with maintenance and plant reconstruction are to be borne by the Alpine Gardens. Any annual grant to the VAGF is a separate element of funding and dependant upon the fiscal year of the Foundation. This agreement will be valid for the duration of the GRFAVP lease and will be renewable upon any GRFAVP lease renewed. 01.5 This agreement is to be bound by the following signatures on this letter of intent and a copy of this letter will be kept on file at the Town of Vail; Park Owner. Kurt Krieg Vail Valley Foundation 11/4/2014 Ry Southard Betty Ford Alpine Gardens 7M FACSIMILE TRANSMITTAL SHEET TO: Lv-.Q COMPANY: V V 1 FAX #: I -(9 - q FROM: PHONE # (970) 479 - 3 FAX #: j970) 479 -2157 o , DATE: tz TIME ° ° ��-� # OF PAGES (INCLUDING COVER SHEET): RESPONSE REQUIRED: NO / YES Additional Comments: U 17-OV L° iminnwn�l! 1114190 14 TOWN OF VAIL LY 75 South Frontage Road Office of the Town Manager W4 Colorado 81657 970 -479- 2105 /Fax 970 - 479 -2157 October 14, 1996 Mr. John Garnsey President Vail Valley Foundation Post Office Box 309 Vail, CO 81658 Dear John: I am writing to acknowledge the Town's recognition of the extension of the Lease for the Gerald R. Ford Amphitheater from November 1, 1995 until October 31, 1999. As you are aware, the Town has been involved with much discussion concerning the future operation and sharing of responsibilities of the operators of the various facilities in Ford Park. This process is continuing and we appreciate the Foundation's continued involvement in the process. If at any time the Foundation would like to continue discussions regarding the proposed lease agreement for extended terms, we are available and would look forward to such discussions.. Sincerely, Robert W. McLaurin Town Manager RWM/aw . 11/4/2014 L�i1 PE=LWPAPER �I VAILVALLEY FOUNDATION Providing leadership in athletic, educational and cultural endeavors to enhance and sustain the quality of life in the Vail Valley Board of Directors President Gerald R. Ford Robert E. Barrett Carolyn S. Blount James Berry Craddock Jack Crosby H. Benjamin Duke, Jr. Harry H. Frampton, III John Garnsey George N. Gillett, Jr. Pepi Gramshammer James R Greenbaum Steve N. Haber Martha Head William J. Hybl Elaipe W. Kelton Henry R Kravis Frank J. Lynch Fitzhugh Scott Michael S. Shannon Rodney E. Slifer Richard L Swig Oscar L Tang John Garnsey President REC'9 AUG - 719911 August 6, 1991 Mr. Rondall V. Phillips Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Ron: In regards to the agreement between the Vail Valley Foundation and the Town of Vail dated December 8th, 1987 regarding the Gerald R. Ford Amphitheater, please accept this as our written notice that the Vail Valley Foundation wishes to extend our option as set forth in Section 2, Paragraph B. As stated in the agreement the extended lease shall commence on November 1, 1991 and end on October 31, 1995. Thank you for your assistance in this matter. I look forward to working with you, your staff, and the Town Council in all future endeavors. VAIL VALLEY FOUNDATION Sincer y, 1989 World Alpine Ski Championships y John Garnsey 4EI World Forum P e s 1 d e n t American Ski Classi Bolshoi Ballet Academy at Vail Gerald kFord Cc: President Gerald R. Ford Amphitheater Harry H. Frampton I I I Rodney E. Slifer P.O. Box 309 Vail, Colorado 81658 303- 476 -9500 Fax 303- 476 -7320 Telex 910 -290 -1989 A Colorado 501 (c) (3) Nonprofit Corporation 11/4/2014 �1uI.uAli� FOUNDATION Providing leadership in athletic, educational and cultural endeavors to enhance and sustain the quality of life in the Vail Valley Board of Directors President Gerald R. Ford Robert E. Barrett Carolyn S. Blount James Berry Craddock Jack Crosby H. Benjamin Duke, Jr. Harry H. Frampton, III George N. Gillett, Jr. Pepi Gramshammer James R. Greenbaum Steve N. Haber Martha Head William J. Hybl Elaine W' Kelton Henry R. Kravis Frank J. Lynch Peter A. O'Neil Fitzhugh Scott Michael S. Shannon Rodney ESlifer Richard L. Swig Oscar L. Tang Peter A. O'Neil President 1989 World Alpine. Ski Championships AEI World Forum American Ski Classic Bolshoi Ballet Academy at Vail Gerald R. Ford Amphitheater P.O, Box 309 Vail, Colorado 81658 303 - 476 -9500 Fax 303- 476 -7320 Telex 910 -290 -1989 GERALD R. FORD AMPHITHEATER LEASE AGREEMENT THIS LEASE AGREEMENT (the "Agreement "), made effective this 18 day of April, 1991, is by and between the Vail Valley Foundation, a Colorado non - profit corporation ( "Lessor ") and the Town of Vail ( "Lessee "). A. Lessor is Amphitheater, For purposes Amphitheater hereinafter b RECITALS the owner of the Gerald R. Ford Town of Vail, Eagle County, Colorado. of this Agreement, the Gerald R. Ford and underlying real, property shall e referred to as the "Premises." B. Lessee desires to lease the Premises from Lessor, including the reasonable use of the fixtures, equipment and furnishings located therein and the real property outlined on Exhibit A attached hereto and incorporated herein by this reference for the purpose of State wide conference. The following areas are not included in this Agreement for use by the Lessee, and the Lessee and its agents shall have no access thereto: (1) Box Office (unless approved by Director of the Amphitheater) (2) Concessions Facility (3) Storage Area (4) Mechanical Room C. Lessor agrees to lease the Premises to Lessee in accordance with the provisions as set forth herein. 1 A Colorado 501 (c) (3) l�l�O Nonprofit Corporation Gerald R. Ford Amphitheater Lease Agreement Page Two AaRRRMRMT For and in consideration of the rent, mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. GRANT. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the Premises for a term of three hours, commencing on Saturday, June 29, 1991, at 1:00 pm o'clock; and terminating on Saturday, June 29, 1991, at 4:00 pm o'clock, both dates inclusive (the "Term "), unless sooner terminated as provided herein. 2. RENT. Lessee shall pay to Lessor, rent in the amount set forth on the Confirmation of Event, Exhibit B attached hereto and incorporated herein by this reference. 3. DEPOSIT. In order that the Premises be reserved, Lessee shall deposit with Lessor 25% of the anticipated Rent (the "Deposit ") for the Event no later than 60 days prior to the Event. If the Event is scheduled fewer than 60 days from the date of execution of this Agreement, Lessee shall pay Lessor the Deposit upon execution of this Agreement. If Lessor does not receive the Deposit as set forth in this Paragraph 3, Lessee shall have no further rights hereunder and Lessor shall be relieved of any further obligation hereunder. 4. SERVICE CHARGES. Lessee shall also pay, as service charges, the cost of any other services or equipment, other than those specified in Paragraph 12 of this Agreement as house services which the Lessee requests from the Lessor and the Lessor agrees to provide. Said sum shall be set in accordance with the cost thereof to the Lessor. The amount of service charges and payment schedule therefore shall be agreed to in writing prior to the use of the service or equipment by the Lessee. 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page three 5. SECURITY DEPOSIT. Upon execution of this Agreement, Lessee agrees to pay Lessor a security deposit in the amount of $1,500 in cash, certified check or money order. The security deposit, less the cost of any repairs of damage (i.e., sod, landscape, facility damage) caused by Lessee, its employees or event attendees and paid for by Lessor, shall be returned to Lessee within 15 days after expiration or termination of this Agreement. 6. BILLING AND PAYMENT. Upon approval of credit, where applicable, Lessee shall pay Lessor the total balance due of Rent 30 days prior to the Event. If the Event is scheduled fewer than 30 days from the date of execution of this Agreement, Lessee shall pay Lessor the entire Rent upon execution of this Agreement. If the total amount of Rent due is $500.00 or less, full payment shall be made by Lessee to Lessor upon execution of this Agreement. If Lessor does not receive the Rent as set forth in this Paragraph 6, Lessor shall have no further rights hereunder and Lessor shall be relieved of any further obligation hereunder. In the event of a default in payment for services hereunder, Lessee agrees to pay all costs and expenses of collection, including, but not limited to, attorney's fees, court costs, and agency fees. This Agreement shall be interpreted in accordance with the laws of the State of Colorado. If litigation occurs between the parties hereto, venue shall lie in Colorado. 7. CREDIT APPLICATION. If the cost of the Event is greater than $500.00, Lessee shall complete a credit application substantially in the form of Exhibit C attached hereto and incorporated herein by this reference (the "Credit Application "). Lessee further acknowledges that Lessor's performance of services for the Event are contingent upon approval of such Credit Application by Lessor. If, for any reason, the Credit Application is denied by Lessor, Lessor shall refund to Lessee the Deposit, minus reasonable costs, if any, incurred by Lessor in preparation for the Event prior to disapproval of the Credit Application. 8. REHEARSAL DATES. Rehearsal dates or other dates not otherwise specified in this Agreement must be arranged prior to such dates with the Lessor, and will be subject to availability of the Premises with the Lessee paying all costs incident thereto. 3 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Four 9. ACCESS TO PREMISES. (a) Lessee shall have access to the Premises by 1:00, Saturday, June 29, 1991. Lessor reserves the right to refuse access to the Premises should any employee of Lessee violate any established rules, regulations or policies of Lessor regarding the use of the Premises. (b) Load in and striking of production /programs must be managed from the Premises' loading dock only. Loading or unloading from any other location shall be prohibited. (c) Upon termination of this Agreement by either party, all access privileges to the Premises provided by Lessor in connection with this Agreement shall be terminated. The provisions of this Paragraph 9 shall survive the expiration of earlier termination. 10.RESTROOM FACILITIES. The Premises' public restrooms are reserved exclusively for the public attending performances and event. Lessee's producing companies are to use the backstage restroom facilities only. 11.ENTRANCES OPEN. Lessor reserves the right to determine when the entrances to the Premises shall be open. Lessee should be prepared to open the entrances a minimum of 90 minutes in advance of the performance. 12.HOUSE SERVICES. Lessor shall provide as part of this rental agreement, the following house services: (a) The Gerald R. Ford Amphitheater Production Manager, or Assistant Production Manager, to serve as liaison with lessee's Technical Director and technical crew, to be present before, during and after the event, and during rehearsals and technical work. In all situations technical - related, the authority of the Gerald R. Ford Amphitheater Production Manager, or Assistant Production Manager will be final. (b) Lessor shall provide box office staff and ticket takers on the day of the event. 4 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Five (c) Lessee shall comply, at its sole expense, with staffing requirements established by Lessor, as defined on Exhibit "D" attached hereto as part of this agreement. (d) The Premises shall be made ready by Lessor for public admission, 90 minutes prior to the Event. The Premises shall be cleaned, restrooms stocked, lights turned on, entrances and doors unlocked. (e) Lessee shall have use of all permanent fixtures, equipment and utilities. Any charges assessed to the Amphitheater telephones (i.e., directory assistance) while occupied by Lessee shall be the responsibility of the Lessee. 13.INSPECTION OF PREMISES. (a) Lessee stipulates herein that it has examined the Premises prior to the execution of this Agreement and is satisfied with the physical condition of said Premises, and Lessee's taking possession thereof shall be conclusive evidence of its receipt of said Premises in a safe, sanitary and sightly condition and in good repair. (b) Lessor reserves and retains for its authorized officers, emplyees, and representatives the right to enter the leased Premises for the purpose of inspecting or protecting such Premises and doing any things that the Lessor may deem necessary for the proper general conduct and operation of the Premises. 14.TECHNICAL REQUIREMENT. Lessee shall submit to the Amphitheater Production Manager within fifteen (15) days of the Event, a copy of the Event Technical Rider. 15.SEATING CAPACITY. Lessee shall not sell, allow or cause to be sold or issued admission tickets in excess of the seating capacity of 2,500, or admit a larger number of persons to the premises than can be properly and safely seated. 16.FOOD AND BEVERAGE. (a) Lessee shall not bring foodstuffs of any kind onto the Premises without written permission by Lessor. Lessee shall not bring its own alcoholic beverage onto Lessor's licensed Premises, as outlined on the Demise of Premises, Exhibit A attached hereto, nor shall Lessee take any alcoholic beverage off the Premises. Lessee 5 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Six acknowledges it is illegal for any person under 21 years of age to possess or attempt to purchase beer, wine or whiskey for any person under 21 years of age. Fines and /or imprisonment may be imposed for violation of these provisions. (b) All catering requirements shall be provided by the Ford Amphitheater Concessions Management. 17.USE. (a) Lessee shall use the Premises in a careful, safe and proper manner and shall not use or permit the Premises to be used for any purpose prohibited by any federal, state, county or municipal laws, ordinances, rules, regulations or codes. (b) Lessee shall not use or suffer or permit all or any part of the Premises to be used in any immoral, illegal, lewd, objectionable or offensive manner or for any such purpose. Lessee shall neither do nor permit to be done any act or thing upon the Premises which shall or might subject Lessor to any liability or responsibility for injury to any person or persons or for damage to property by reason of any business or operation carried on, at or upon the Premises for any reason. (c) Lessee, at its sole expense, shall comply with all laws (including but not limited to ASCAP and BMI), ordinances, rules and regulations, applicable health codes of all federal, state, county and municipal authorities, and with any direction of any officer or officers thereof, which shall impose any violation, order or duty with respect to the Premises, or the use, condition, or occupation thereof. (d) Lessee shall make required house announcements and acknowledgements from the stage, as provided by Lessor. 18.MERCHANDISING. Any merchandise to be sold at the Amphitheater shall be handled by the Amphitheater Concessions Management and is subject to a fee of 25% of gross sales. 19.ALTERATIONS BY LESSEE. Lessee shall not make alterations, additions or improvements on or to the Premises without the prior written consent of Lessor. All such work shall be performed in a good and workmanlike manner. All alterations, additions or 6 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Seven improvements upon the Premises shall, unless otherwise agreed to at the time of Lessor's consent, be removed from the Premises pursuant to Paragraph 28 at the End of Term of this Agreement. 20.SIGNS AND ADVERTISING. Lessee shall not install, place, inscribe, paint or otherwise attach and shall not permit any banner, sign, advertisement, notice, marquise or awning within or outside the Premises, without the prior review and written consent of Lessor in each instance. Any permitted sign shall comply with the requirements of the Lessor and of the governmental authority having jurisdiction over the Premises and Lessee shall be solely responsible for such compliance. Lessee shall, at its own expense, provide and maintain in first -class condition all permitted signs and shall, upon the expiration of this Agreement, at its own expense, remove all such permitted signs and repair any damage caused by such removal. Lessor shall have the right to remove all non - permitted signs without notice to Lessee, at the expense of Lessee. Lessee shall not install, use or permit on or about the Premises any advertising medium that may be heard or seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phonographs or radios, without the prior written consent of Lessor in each instance. 21.COMPLIANCE WITH LAW /SAFETY PROGRAM. Lessee warrants that it will comply with all applicable laws, ordinances, rules and regulations having jurisdiction over the Premises and access thereto, and Lessee shall be responsible for its own safety program and compliance with applicable OSHA regulations. 22. TAXES. Lessee shall pay all applicable federal, state and local taxes pertaining to the Event. If Lessee is tax - exempt, Lessee must show proof of Colorado State Exemption Number prior to the date of confirmation. 23.INJURY TO PERSON OR PROPERTY. Lessee covenants and agrees that Lessor, its agents, officers, directors, servants and employees shall not at any time or to any extent whatsoever be liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property or otherwise which at any time may arise in connection with he Premises or be suffered or sustained by Lessee, its agents, officers, directors, servants or employees, or by any other person rightfully on the Premises for any 7 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Eight purpose whatsoever, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, error, omission or negligence of Lessee, its agents, officers, directors, servants or employees or of any visitor or user of any portion of the Premises, or shall result from or be caused by any interference with or obstruction of deliveries to the Premises or by any person or by the loss or destruction by any person of any furnishings, fixtures, inventory, materials, equipment, or any other property kept or stored on or about the Premises or by any other matter or thing unless resulting solely from the gross negligence or willful misconduct of Lessor, its agents, officers, directors, servants or employees. Lessee shall forever indemnify, defend, hold and save Lessor, its agents, officers, directors, servants and employees free and harmless of, from and against any and all demands, claims, causes of action, liabilities, losses, damages or judgments on account of any of the foregoing, provided that this indemnity shall not extend to damages resulting solely from the gross negligence or willful misconduct of Lessor, its agents, officers, directors, servants or employees. The foregoing obligation to indemnify shall include indemnification to lessor for all costs, expenses and liabilities (including, without limitation, attorney's fees) incurred by Lessor in investigating and resisting any of the matters covered hereby. Lessee hereby waives all claims against Lessor, its agents, officers, directors, servants and employees for damages to furnishings, fixtures, materials, equipment, Lessee's improvements, betterments, goods, wares, merchandise or other property in, upon or about the Premises, and for injuries to or death of persons in or about the Premises, and for loss of income or goodwill in connection therewith arising from any cause at any time other than damages resulting solely from he gross negligence or willful misconduct of Lessor, its agents, officers, directors, servants or employees. Without in any way limiting the generality of the foregoing, Lessor, its agents, officers, directors, servants and employees shall not be liable for injury, death or damage which may be sustained by the improvements, betterments, materials, persons, goods, wares, merchandise or property of Lessee, its agents, servants, employees or invitees or any other person in or about the Premises caused by or resulting form fire, explosion, electricity, water, rain or snow, C 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Nine flow of water or whether such damage or injury results from conditions arising upon the Premises or from other sources. 24.INSURANCE. At all times during the Term of this Agreement, Lessee shall carry and maintain in full force, at its sole expense, the following insurance policies with insurance companies satisfactory to Lessor. Such policies shall include a provision requiring a minimum of 30 days' written notice to Lessor of any change or cancellation. (a) Property damage insurance in the amount of $100,000. (b) Public liability insurance in the amount of $100,000, for any one person; and $500,000 for any one accident. Lessee shall provide Lessor with certificate(s) of insurance evidencing the policies listed above ten (10) days prior to Lessee's occupancy of the Premises. Lessor and the Town of Vail shall be listed as additional named insured as their interest may appear for the policies described in Subparagraphs 23(a) and 23(b) herein. 25.NO USE OF TRADEMARK. Lessee shall not in any manner ose Lessor's servicemarks or trademarks in connection with the business conducted at the Premises or any goods sold or services performed in, at or from any part of the Premises by lessee, its employees or anyone acting on its behalf, without the prior written authorization of a license agreement from Lessor. 26.CONTROL OF PREMISES. It is understood and agreed that the Lessor hereby reserves the right to control and manage the entire Premises and to enforce all necessary and proper rules for the operation of same and for its authorized representatives to enter the portions of the Premises hereby leased to Lessee at any time and on any occasion. The Lessor also reserves the right, but not the duty, through its appointed representatives to eject any objectionable person or persons from the Premises and the Lessee hereby waives any and all claims for damages against the Lessor of any of its agents, officers, directors, servants and employees resulting form the exercise of this authority. 9 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Ten 27.ENTRANCES UNOBSTRUCTED. All portions of sidewalks, entrances, passages and all ways of access to the public utilities of the Premises shall be kept unobstructed by Lessee and shall not be used for any purpose other than ingress or egress to and from the Premises. The doors, stairways or openings into any place in the structure, including hallways, corridors, aisles and passageways shall in no way be obstructed by the Lessee. MEND OF TERM. Upon the expiration or other termination of this Agreement, Lessee shall promptly quit and surrender to Lessor the Premises and shall restore the Premises to the same condition it was prior to the letting of the Premises, in good order and first -class condition, and shall, subject to Paragraph 19 herein, remove all alterations, additions, equipment and improvements. Lessee shall fully repair any damage occasioned by the removal of any trade fixtures, equipment, improvements and materials of its use of the Premises. All equipment, materials, trade fixtures, improvements, inventory and /or effects not so removed shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Lessor without notice to Lessee or any other person and without obligation to account therefore. Lessee shall pay Lessor all expenses incurred in connection with such property, including, but not limited to, the cost of repairing any damage to the Premises caused by removal of materials from the Premises. Lessee's obligation to observe and perform this covenant shall survive the expiration or other termination of this Agreement. 29.HOLDOVER. If Lessee or any assignees, subtenant or other transferee of or from Lessee shall remain or continue to be in possession of the Premises, or any part thereof after the end of the Term of this Agreement, at Lessor's option, Lessee shall be deemed to be illegally retaining possession or shall be deemed to be a day -to -day tenant of the Premises on all the terms and conditions of this Agreement except that the Rent shall be an amount equal to $100 per hour in the event of any unauthorized holdover. Nothing herein contained shall be construed to limit Lessor's right to obtain possession of the Premises upon termination of the Agreement by unlawful detainer proceedings or otherwise in the event that Lessor does not exercise its option to treat the continued possession by Lessee as a day -to -day 10 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Eleven tenancy. 30.ASSIGNMENT AND SUBLETTING. Lessee shall not assign, convey, mortgage, hypothecate or encumber this Agreement or any interest herein or sublet all or any part of the Premises, or suffer or permit the Premises or any part thereof to be used by others (any and all of which hereinafter shall be referred to as a "transfer "), without the prior written consent of Lessor in each instance. Any attempted transfer without Lessor's prior written consent shall be void and shall confer no rights upon any third person. 31.BREACH-- LESSEE. In the event of a breach by The Lessee of the terms or conditions of this Agreement, the Lessor shall have, in addition to any other legal recourse, the right to terminate this Agreement forthwith, to enter and obtain possession of of the entire Premises, and to remove and exclude any and all property of the Lessee therefrom, all without service of notice or resort to legal process, and to enforce the provisions of the security deposits provided herein. 32.CANCELLATIONS. Cancellations by Lessee shall be made in writing by certified or registered mail, postage prepaid, addressed to Lessor at the address set forth below. In the event of a cancellation, Lessee shall pay to Lessor as liquidated damages the amount set forth in the following schedule: (a) If cancellation is received after receipt by Lessor of the Deposit, Lessee shall forfeit the entire Deposit; or (b) If cancellation is received fewer than ten (10) days prior to the Event, Lessee shall forfeit the entire Rent. (c) If Lessor cancels the Event due to some cause beyond Lessor's control, Lessor shall refund all amounts paid by Lessee to Lessor in connection with the Event and the parties hereto shall have no further obligations under this Agreement. 33.BOX AND KEY SEATS. Lessee agrees that box and key seats which have been purchased and box and key seats which will be purchased by individuals or corporations will not be available for sale or seating by Lessee. Lessee agrees to honor all box 11 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Twelve holder and key passes issued by Lessor. 34.BOX OFFICE AND TICKET POLICY. (a) Lessee shall comply with ticket operations policies attached hereto as Exhibit "F ". Should Lessee require use of box office, and receive required approval to do so, Lessee shall staff box office during the entire day of the Event. 35.PARKING. Lessee shall allow no cars to be parked at the Amphitheater, for any purpose, during the Term of this Agreement. 36.VOLUNTEER LABOR. Lessee shall require all volunteers who work on the Premises during the Event to sign a copy of the attached "Volunteer Liability Release ", attached hereto as Exhibit "G ". These forms are to be submitted to the Lessor in advance of the start of the Event. 37. DIET ENJOYMENT. Lessor convenan Lessee that upon Lessee paying Rent performing all the terms, covenants this Agreement on Lessee's part to performed, Lessee may peaceably and Premises. is and agrees with and observing and and conditions of be observed and quietly enjoy the 38.MISCELLANEOUS. (a) If any provision of this Agreement shall prove illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. (b) Except as herein otherwise provided, no amendment, alteration, modification of or addition to this Agreement shall be valid or binding unless expressed in writing and signed by the party or parties to be bound thereby. (c) The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision(s) of this Agreement. (d) The covenants, contained in this to the benefit of respective heirs, and, subject to assigns. 12 conditions and agreement Agreement shall bind and inure Lessor and Lessee and their representatives, successors, Paragraph 29 herein, their 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Thirteen (e) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado. (f) The terms "Lessee" and "Lessor' herein, or any pronoun used in their respective places, shall include the masculine, feminine, singular, plural, individuals, partnerships or corporations, where applicable. (g) Any and all warranties, provisions, rights and obligations of the parties herein described and agreed to be performed subsequent to the expiration or earlier termination of this Agreement shall survive the expiration or earlier termination of this Agreement. (h) Should arbitration or litigation occur between the parties hereto relating to the terms, covenants and conditions of this Agreement, all arbitration or litigation expenses, collection expenses, witness fees, court costs and attorney's fees incurred by the prevailing party shall be paid by the non - prevailing party to the prevailing party. 39.NOTICES. Any statement, notice, demand or communication which either party may desire or be required to give to the other party shall be in writing and shall be deemed sufficiently given or rendered if delivered personally or sent by certified or registered United States mail, postage prepaid, addressed as specified following each party's signature hereof. The time of giving such notice, demand or communication shall be deemed to be the time when it is personally delivered or mailed. Either party shall have the right to designate in writing, served as provided above, a different address to which any notice, demand or communication shall be deemed to be the time when it is personally delivered or mailed. Either party shall have the right to designate in writing, served as provided above, a different address to which any notice, demand or communication is to be mailed. 40.NO REPRESENTATION BY LESSOR; ENTIRE AGREEMENT. Lessor and Lessor's agent have made no representations, warranties, agreement or promises with respect to the Premises, except such as are expressed herein. The entire agreement of the parties is contained herein, and there are no 13 11/4/2014 Gerald R. Ford Amphitheater Lease Agreement Page Fourteen promises, agreements, representations, warranties, conditions or understandings, either verbal or written between them, other than as are herein set forth. IN WITNESS WHEREOF, this Agreement as below to become written above. the parties hereto have executed of the respective dates set forth effective as of the date first VAIL VALLEY FOUNDATION a Colorado nonprofit corporation Date: QwAti 7, 9�I By. �� -' A Title : ia.�t� P.O. 0• / Date: By: 14 11/4/2014 EXHIBIT C NOT APPLICABLE (Attached to and forming part of Lease Agreement between Vail Valley Foundation and Town of Vail , dated May 24 , 1991 .) LEASE AGREEMENT CREDIT APPLICATION Billing Name: Billing Address: Telephone Number: Event Date: Social Security Number (if individual account): Federal I.D. Number: Tax - Exempt Number (if applicable): Contact Individual: Agreement Signer: Please attach your most recent financial statements or list one bank and three (3) credit references: Please send completed form to: 1 Vail Valley Foundation Post Office Box 309 Vail, CO 81658 Attn: Director, Gerald R. Ford Amphitheater 11/4/2014 • a EXHIBIT B (Attached to and forming part of Lease Agreement between Vail Valley Foundation and the Town of Vail, dated May 24, 1991.) CONFIRMATION OF EVENT Date and Hours of Event: Saturday, June 29, 1991 1:30 - 3:00 pm * Rental Rate: $1.00 ($750.00 non - profit rental waived; no extensive clean -up anticipated) Event Description: Religious Service - Golden Stake Youth Services Approx. 150 -200 people Lessee's Name, Address and Telephone Number: The Town of Vail 75 S. Frontage Road West Vail, CO 81657 Attn: Ms. Pam Brandmeyer (303) 479 -2100 *Additional Expenses to be the responsibility of Lessee: n/a P.A. system and lecturn to be used at no charge 1 Gerald R. Ford Amphitheater Lease Agreement Exhibit C Page Two TO BE COMPLETED BY VAIL VALLEY FOUNDATION: Date Received: Estimated Cost: Credit Approved by: Date: Remarks: Oq 11/4/2014 EXHIBIT "D" (ATTACHED TO AND FORMING PART OF THE LEASE AGREEMENT BETWEEN THE VAIL VALLEY FOUNDATION AND TOWN OF VAIL Dated May 24, 1991.) GERALD R. FORD AMPHITHEATER STANDARD REQUIREMENTS FOR HOUSE PERSONNEL All expenses associated with required personnel shall be the responsibility the Lessee. Standard Required House Personnel: 1 Head Usher 1 Usher Supervisor 6 Ushers at Lawn /Berm 21 Ushers at fixed seats 1 Security at access road entrances (at Frontage Rd.) 7 Security at stage 1 Security at Sound Booth 2 Police officers (uniformed) The Vail Valley Foundtion reserves the right to determine the specific staffing requirements for each Event. `SFLAY?ZfS[! EXHIBIT E (Attached to and forming part of Lease Agreement between Vail Valley Foundation and Town of Vail , dated May 24 , 1 99 1 .) A BRIEF GUIDE TO CERTAIN LIQUOR LAWS AND OTHER LAWS IN COLORADO (Attached) Lessee should not rely entirely on this attachment regarding the enforcement of liquor laws. The Vail Valley Foundation is not responsible for the interpretation or enforcement of the laws. Lessee should consult with its own counsel with respect to liquor liability issues. 11/4/2014 A Brief Guide to Certain Liquor Laws and Other Laws in Colorado Section I. Purpose. The purpose of this document is to assist the employee in the execution of his duties and to explain certain violations of the laws of the State of Colorado and of the Town of Vail. It is not a complete description of all the ways in which the laws can be violated, but only a discription of the more common violations and problems. Section 2. Definitions. a. License - A liquor license is a document issued by the State of Colorado which permits the sale of alcoholic bev- erages. The application process is not particularly complicated, but there are a number of factors which the applicant must esta- blish before a license will be granted. The liquor license is a valuable item of property in Colorado. it is relatively inex- pensive to obtain, but it is not obtained, held or renewed as a matter of right. it is a privilege which may be suspended or re- voked by the State or by the local Town of Vail authorities for cause. b. Licensee - A person, partnership or corporation bolding a license to sell malt, vinous and spirituous liquors, that is, beer, wine and liquor. There are several types of li- censes in Colorado. The Red Lion Lounge holds a •tavern- type of license. c. Licensed Premises - The premises or specified area, as stated and shown in the application within which the licensee is authorized to sell, dispense and serve alcoholic beverages. d. Tavern - A place serving beer, wine and liquor for cosumption on the premises and where sandwiches and light snacks are available for consumption on the premises. e. Vail Local Liquor Licensing Authority - A board consisting of five members and a secretary. The members are all required to be residents of the Town of Vail. This board votes on whether liquor licenses will be issued, transferred, suspended, revoked or renewed, among other things. In any contested or 11/4/2014-1- cballe"ed proceeding* the board gears evidence and sits as a judge of the facts presented before making its decisions. The Town Attorney serves as legal advisor to the Vail Authority, which meets monthly. Section 3. Violations of the law which may occur at Denali's. a. Serving of minors. It is a violation of the laws of the State of Colorado for a person who has not reached his 21st birthday to order, purchase, consume or possess beer, wine or •bard• liquor. It is also a violation for another person to purchase any of those things for a person who is not 21. 3.20 Deer, as you know, is an exception, but it is sold entirely through separate outlets. The Town of Vail ordinances provide as follows: 1. It shall be unlawful for any person to procure for, sell to, or give away within the town limits of the Town of Vail, any malt, vinous or spirituous liquors to any person under the age of twenty -one (21) years. 2. it shall be unlawful for any person to procure for, sell to, or give away within the town limits of the Town of Vail, any fermented malt beverages to any person under the age of eight- teen (18) years. The owner of a bar serving such a person may be pro- secuted for a violation and so can the employee doing the serv- ing. Additionally, the license may be put in jeopardy of suspen- sion, revocation or non- renewal because of one or more such incidents. The only defense against this happening is to check. I.D.'s carefully. The State has indicated that the following types of identification are adequate: 1. Colorado Operator's License. 2. Colorado Chauffeur's License. 3. Colorado Identification Card. 11/4/2014 -2- 4. Driver's license containing a picture issued by another state. S. Identification card containing a picture issued by another state. 6. Military Identification. 7. Passport. S. Alien registration card. A person with a false I.D. may get by, but when that person drinks, there is nevertheless a violation and an arrest may still be made. The fact that a person used a false I.D. may be considered a mitigating factor as far as the licensee or employee is concerned, but they can still sometimes be prose- cuted. The Town of Vail ordinances provide as follows*-. 1. It shall be unlawful for any person to make false statements or to furnish, present or ex- hibit any fictitious or false registration card, identification card, note or any docu- ment; or to furnish, present or exhibit such document or documents issued to a person other than the one presenting the sane, for the pur- pose of gaining admission to any prohibited place or for the purpose of procuring the sale, gift or delivery of prohibited articles, in- cluding beer, liquor or wine. b. Carrying drinks off of the licensed premises. This violation occurs whenever any person takes a bottle or a glass with anything in it out the door. The law makes the licensee responsible for who he serves, where he serves them and what he serves them. When a person walks off with a drink, the licensee has lost this control. Additionally, the Vail Municipal Code provides that it is a violation for many person to drink any malt, vinous or spiritous liquors upon any street, alley, sidewalk, or public parking lot in the Town or in any vehicle upon the street, alley, sidewalk or public parking lot in the Town. • 11/4/2014-3- The local police as well as the state authorities are strict concerning this violation. Once the person goes out the door, it is usually a very visible kind of violation, and may offend both visitors and some locals. The only way to prevent this kind of a violation is to watch the customers. You can usually tell who is about to commit this violation. It may be of some help to erect signs indicating that no drinks may be carried off. c. Failure to have sandwiches and light snacks avail- able for consumption on the premises at all times. Although the employee who breaks the news to a policeman or state liquor inspector may find his name on the official report, this is basically a management violation. You must be able to serve anyone who asks for a sandwich or snack. A hot dog will qualify as a sandwich and almost anything, such as hard boiled eggs, Slim -Jim, beer nuts, almonds, popcorn, pretzels, etc. will qualify as a light snack. No menu is required. One way an employee can assist in permitting this vio- lation is to serve or consume the last of some such item and fail to make certain that more is purchased or ordered. Don't ever tell any customer that there is nothing to eat. Get with the manager and see what is available. The food head not be stored on the premises, but must be available for con - sumption on the premises. You are not required to serve full meals or to have anything hot on hand and you can explain this politely. d. Failure to have a 0210 sign. The premises must be posted with a sign at least 14 inches by 11 inches which states, in one -half inch high letter: WARNING IT IS ILLEGAL TO SELL WHISKEY, WINE OR BEER TO ANY PERSON UNDER TMEM-M YEARS OF AGE OR FOR ANY PERSON UNDER TWENTY -ONE YEARS of NZ TO POSSESS OR TO ATTEMPT TO PURCHASE THE SAME. IT IS ILLEGAL IF YOU ARE OVER TWENTY -ONE YEARS OF AGE FOR YOU TO pOBC8= WHISKEY, WINE OR BEER FOR A PERSON UNDER TWENTY -ONE YEALS OF AGE. 11/4/2014-4— FINES ACID IMPRISONMENT MAY BE IMPOSED BY THE CWRTS FOR VIOLATION OF THESE PROVISIONS. These signs are popular targets for thieves. If you notice that the sign is missing, notify the manager. These signs are sometimes available through the Town Clerk. If she doesn't have any, she will help you get one. e. Gambling. Social gambling among legitimate acquaintances is not against the law. It is against the law to operate or participate in any kind of a gambling scheme in which any percentage automati- cally goes to the operator or •house'. Additionally, the State has taken the position that gambling will not be permitted in places licensed to serve alcohol. This is set out in a Regulation of the Liquor Enforcement Division. It is also a violation to maintain any kind of a gambling device on the premises. Any kind of a contest, lottery, drawing or game of chance for which there is a prize is considered gambling. f. Incentive to drink - Free drinks. It is a violation of the policy of the Liquor Enforcement Division to do anything or offer anything which constitutes an in- centive to drink. "Happy Hours" are currently O.K. While I have never beard of anyone getting in trouble for the "house' buying a customer a drink, you should keep in wind that giving away alcoholic beverages is not permitted. g. Conduct-of establishment - Serving of intoxicated persons. Another Liquor Enforcement Division Regulation provides: "Each licensee stall conduct his establishment in a decent, orderly and respectable manner, and stall not permit within or upon the licensed premises the loitering of habitual drunkards or intoxicated per - sons, lewd or indecent displays, profanity, rowdiness, undue noise, or other disturbance or activity offensive to the senses of the average citizen, or to the residents of the local neighborhood in which the establishment is located." This is a general provision designed to permit prosecu- tion of non- specif is offenses. It is geared somewhat to the neigh - bosbood. What may be acceptable in Rifle or Commerce City or Aspen -5- 11 /4/2014 may Dot be acceptable in Vail. The serving of intoxicated persons is a tricky subject. The bartender or waitress may become financially liable for the later acts of a person he or she served, if the bartender or wait- ress knew or shou:3 have known that the person was intoxicated. Additionally, there is a Town ordinance which makes it the responsi- bility of the person doing the serving or dispensing determine whether or not the customer is visibly intoxicated. A violation of this ordinance is a criminal act. h. Bringing liquor onto premises. It is a violation for any person to bring acy liquor from any other place onto any premises licensed to sell alcoholic beverages. i. Containers. If the beverage is served in the container, as in the case of beer and some wine, it is a violation to serve the bev- erage without first opening the container. Never use any container that once contained any alco- bolic beverage for any other purpose and do not put anything in- to such a container, once it is empty. Do not use these containers to mix anything. These containers must be broken or removed J di- ately from the premises as soon as they are empty. j. After -hours violations. It is a violation for anyone, including employees, to sell, serve, give away or consume any alcoholic beverages on the licensed premises after 2 a.m. Tuesday through Sunday or_after 12 midnight on Monday morning (Sunday night). This is ar important rule and one with serious consequences for the licensee. If you have ever done this or if you ever do it, you are putting the li- censee is jeopardy. It is also a violation for any person, includ- ing any employee to take any alcoholic beverage, opened or unopened, "to go* and remove it from the licensed premises at asy hour of the day or night. NOTE: There is no provision permitting sc =e number of un- intentional, innocent violations. A license may be s_spended or re- 11/4/2014-6- voked for any violation. The degree of seriousness is determined by the State and Local authorities. Section 4. Fights. A fight may erupt in any bar. Employees are not in much of a position to do anything about fights or loud arguments between customers. Such people should be cut off and asked to leave. The extent to which you intervene is a matter of personal judgement, since you could be injured. The question of whether and when to summon the police is a decision to be made -by the manager, and as a general rule will be determined by his ability to control and con- tain the situation. It is not improper to warn such customers that whether the management or someone else summons the police, they may be arrested and that in spite of the passion of the moment, they will be sorry later. A Vail Municipal Ordinance requires that it is the duty of the owner or manager or a bar to report to the police within twenty -four hours all incidents involving assault and battery which have occurred on the premises. A failure to so report is a crimi- nal violation. Usually a record of police visits to a bar will not be con- sidered as a negative factor at the time that a liquor license re- newal hearing is held. This theory recognized that a fight may be a result of some unpleasant occurrence over which the management had little or no control. Section S. Red Lion Lounge special position. A serious problem could develop for Red Lion Lounge and for the individuals involved when any person uses, sells, gives away or even possesses any contraband on the premises. You owe it to yourself and your e=ployer as well as any .other people involved to both actively and quietly do everything you can to discourage any of those acts. Arrests will be made in any situa- tion involvoing such criminal activity. It is a known fact that undercover police officers from local, state and federal law enforce- ment agencies have patronized Vail's bars in an attempt to observe 111/4/2014 -7- such illegal activity. This activity has a high potential for obser- vation by police officers as well as by visitors to Vail. The Vail Police and others and the Eagle County District Attorney's office will not permit such acts to go unpunished. Simply stated, Vail cannot and will not tolerate that level c= visibility in drug activity. Perhaps you wonder how you or Red Lion Lounge can be held responsible for the acts of a stranger. The law imposes a duty upon the bolder of a liquor license to monitor and prevent such activity and under some circumstances to report it to the police. If the li- cense holder or his agent knows or should have known of such activity its right to operate a licensed premises may be put in jeopardy. You cannot avoid the responsibility by looking the other way, and you as an employee are the agent of the license holder. Received: Employee -g- 11 /4/2014 . I I > EXHIBIT "F" (ATTACHED TO AND FORMING PART OF THE LEASE AGREEMENT BETWEEN THE VAIL VALLEY FOUNDATION AND THE TOWN OF VAIL, DATED MAY 24, 1991.) GERALD R. FORD AMPHITHEATER TICKET SALES AND BOX OFFICE OPERATIONS o Reserved tickets shall be sold exclusively through Ticketmaster, under the GRFA's facility agreement. (General Admission tickets shall also be available through Ticketmaster; not exclusively, however) o Lessor shall print all other tickets (general admission, comps, sponsors, VIP, special) o General Admission tickets shall be sold at the following outlets only: - Ticketmaster outlets (includes Gart Brothers in Vail) - Poor Richard's Record Store, Avon - Vail Village Travel, Vail - Vail Information Booth - GRFA box office (day of show only) Tickets may be purchased at Poor Richard's and Vail Village Travel with cash or check with a check guarantee card only. Gart Brothers accepts cash only. o Lessee shall be responsible for the distribution of general admission tickets to local outlets. o On day of show, Lessee shall pull tickets from local outlets, and reconcile with each outlet. o Reconciliation and remaining general admission tickets from the outlets are brought to the GRFA box office by 1:30 pm on day of event. o The GRFA box office manager shall receive the reconciliation document and unsold tickets returned from the outlets. Lessee shall be responsible for the funds received from the outlets. MONISM .. I I GRFA Tickets Sales Page 2 o The GRFA box office manages and staffs the box office on the day of the event. The FA box office manager shall reconcile day -of box office ticket sales with Lessee and shall prepare the final ticket audit at the end -of -show. o Lessee shall be responsible for all cash and revenue generated from day -of box office sales. o Lessee shall be responsible for the following expense, payable to the GRFA: Ticket printing: $.08 per ticket Facility maintenance charge: $1.00 per ticket sold o Ticketmaster settlement shall occur within 14 days of the event. The Vail Valley Foundation is the payee. o Refunds will be offered for event cancellations only. A voucher system shall be used. 11/4/2014 EXHIBIT "G" (ATTACHED TO AND FORMING PART OF THE LEASE AGREEMENT BETWEEN THE VAIL VALLEY FOUNDATION AND THE TOWN OF VAIL, DATED MAY 24, 1991.) GERALD R. FORD AMPHITHEATER VOLUNTEER'S LIABILITY RELEASE PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. I, the undersigned volunteer being 18 years of age or older, in consideration of receiving permission from to act as a volunteer at the Gerald R. Ford Amphitheater on premises owned or leased the the Vail Valley Foundation or the Town of Vail, hereby assume all risks associated with volunteering. I am fully aware of the inherent dangers and risks of volunteering and understand and agree that volunteering for the Event may be hazardous. I hereby forever release and discharge the Foundation and the Town of Vail, their respective subsidiaries and affiliates, officers, directors, agents, servants and employees, of and from any and all liability for injuries, including death, that may arise out of or relate to any loss, damage or injury sustained by me while volunteering for the Event. I agree that, by signing this Liability Release, the Foundation and the Town of Vail shall be indemnified for any injury to other person(s) or property which I may cause as a result of volunteering for the Event. I further agree that this Liability Release shall be binding upon my assignees, subrogors, distributees, heirs, next of kin, executors and administrators and may be pled by the Foundation and /or Town of Vail as a complete bar and defense against any claim, demand, action or cause of action by or on behalf of me. I acknowledge and understand that I: 1. shall receive no compensation for my time spent on the premises while acting as a volunteer at the Gerald R. Ford Amphitheater, 2. shall not be entitled to receive employment benefits from the Foundation including but not limited to Workers Compensation insurance; and 3. am acting as a, volunteer at my leisure. I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. X Date: Signature Print Name: Address: Telephone # 11/4/2014 • AS i VAIL VALLEY FOUNDATION and TOWN OF VAIL AGREEMENT THIS AGREEMENT is made and entered into as of the g'1� day of , 1987 by and between the VAIL VALLEY FOUNDATION ( "Foundation "), P. 0. Box 309, Vail, Colorado 81658, and the TOWN OF VAIL, Colorado ( "Town "), with Municipal Offices at 75 South Frontage Road, Vail, Colorado 81657. I. RECITALS 1. The Foundation is a non - profit, tax exempt charitable organization involved in supporting community charitable, cultural, educational and recreational programs within the Vail valley; 2. The Town desires to work with and encourages the Foundation to undertake projects which would benefit the citizens of and visitors to Vail; 3. The Foundation agreed to assume the responsibility for the financing and construction of the Ford Amphitheatre ( "Amphitheatre ") and to obtain an endowment for the purposes of financing the ongoing repair and maintenance operations of the Amphitheatre whose construction was originally begun by the Gerald R. Ford Commemorative Committee at Vail, thereby relieving the burden of so doing to the Town and providing a quality facility for recreational activities and events, and for the citizens of and the visitors to the Vail valley and the State of Colorado; 4. The Foundation has in fact completed construction of the Amphitheatre in compliance with plans and specifications approved by the Town. NOW, THEREFORE, the Foundation and the Town agree as follows: II. AGREEMENT 1. Ground Lease On the terms and conditions set out below, and the consideration of the payment of ten dollars ($10.00) by the Foundation to the Town and the prompt performance by the Foundation and the Town of the covenants and agreements to be kept and performed by the Foundation and the Town, the Town does lease to the Foundation and the Foundation hereby leases from the Town the following property described in Exhibit A attached hereto ( "property ") lying in the Town of Vail, County of Eagle and State of Colorado. 2. Term A. This lease shall be for a term commencing on April 1 , 1987 and ending October 31 , 1991, unless sooner terminated as hereinafter provided. 11/4/2014 B. At the expiration of the original term of this Lease, if the Lease is still in full force and effect and the Foundation is not in default of any of its terms and conditions, the Foundation shall have the option to extend this Lease, upon the same terms and conditions for an additional term of four (4) years, to commence on November 1, 1991 and to end on October 31, 1995. If the Lease shall have been so extended, then at the expiration of such first extended term, if this Lease as so extended is still in full force and effect and the Foundation shall not be in default of any of its terms, the Foundation shall have the option to extend this Lease, upon the same terms and conditions for a second extended term of four (4) years to commence November 1, 1995 and to end on October 31, 1999. The option for each such extended term shall be exercised by the Foundation by giving written notice thereof to the Town not less than sixty (60) days prior to the expiration of the then current term. 3. Rental The Foundation agrees to pay the Town a rent of ten dollars ($10.00) for the full term of this lease payable in advance at such place as the Town may specify in writing to the Foundation. 4. Lease Expenses and Costs During the term of this lease the Foundation shall pay all costs, expenses and obligations of every kind or nature relating to the property or the improvements thereon which may arise or become due. Notwithstanding the foregoing, the Town will impose no expense or cost on the Foundation which would cause the Foundation to lose its tax exempt status. 5. Payment of Taxes During the term of this lease the Foundation shall pay, before any fine, penalty, interest or cost may be added, or become due or be imposed for nonpayment thereof, all taxes, assessments, water and sewer rents, rates and charges, transfer taxes, charges for public utilities, excises, levies, licenses and permit fees, and other Governmental charges which during the term of this lease may be assessed or become a lien on the property with respect to the Amphitheatre improvements on the property itself. Notwithstanding the foregoing, the Town will impose no tax, assessment, rate or charge which would cause the Foundation to lose its tax exempt status. 11/4/2014 -2- 6. Improvements During the term of this lease the Foundation shall be permitted and encouraged to construct additional improvements in accordance with plans and specifications approved by the Town of Vail. The Foundation shall not use the property for any other purpose except for the construction, maintenance and operation of the Amphitheatre as set forth herein and for the production of concerts, artistic performances, dance recitals, lectures, classes, private functions compatible with Town of Vail and Vail Valley Foundation charters, and other events of community interest. The Town shall be entitled to be represented by someone of its own choosing on the Vail Valley Foundation Committee which is responsible for the planning for and scheduling of events for the Amphitheatre. 7. Permits The Foundation shall procure permits necessary for any construction work it wishes to proceed with on the property and during such construction shall comply with all applicable legal requirements. All work done by the Foundation shall comply with all applicable laws, ordinance and regulations of the State of Colorado and the Town of Vail. 8. Bonds If any work done by the Foundation on the property is to exceed the total sum of fifty thousand dollars ($50,000.00) the Foundation shall obtain all the necessary surety bonds from the contractor who is to do the work as required and set forth by Title 38, Article 26 of the Colorado Revised Statutes, as amended. The Foundation shall submit to the Town for its review, which approval shall not be unreasonably delayed or withheld, a copy of the written construction agreement with the general contractor who is to do the work on the property. 9. Completion of the Amphitheatre and Notice of Final Settlement Prior to obtaining a certificate of occupancy, the Foundation shall provide the Town with lien waivers or releases from the general contractor and all subcontractors working on the Amphitheatre indicating they have been paid in full for services and materials. Upon completion of the Amphitheatre, the Foundation shall advertise for final settlement in compliance with Section 38 -26 -107, C.R.S., and comply with all provisions contained therein for the payment of any claims which may be filed by any contractor or subcontractor on the Amphitheatre. 11/4/2014 -3- 10. Waiver of Fees The Town agrees to waive all building and development fees within its control and to aggressively recommend in writing to other Governmental and public entities and political subdivisions that such entities and political subdivisions also waive any fees that may normally be assessable during the development of the Amphitheatre. 11. Insurance At all times during the term of this agreement the Foundation shall carry and maintain the following insurance policies with insurance companies satisfactory to the Town. Such policies shall include a provision requiring a minimum of thirty (30) days notice to the Town in case of change or cancellation. 1) From the time when construction of any improvements commence a builder's risk policy in an amount equal to cover the current replacement cost of any such improvement. 2) From the time when this lease commences, comprehensive general liability insurance in an amount of one million dollars ($1,000,000.00) per occurrence including the following coverages: Contractual insurance; personal injury; premises operations; explosion, collapse and underground hazards; product completed operations hazards; broad form property damage; and independent contractors. 3) The Foundation shall require all contractors and subcontractors performing services in the construction of any improvements on the property to obtain worker's compensation insurance in accordance with the provisions of the Workman's Compensation Act of the State of Colorado for all employees engaged in the construction of said improvements. 4) Liquor liability insurance in an amount of one million dollars ($1,000,000) per occurrence. 5) From the time any improvements are completed on the property and while this lease is still in effect, fire and extended coverage insurance in an amount equal to one hundred percent (100 %) of the full replacement cost of the Amphitheatre. All policies of insurance required to be maintained by the Foundation shall name the Town and the Foundation as the insured as their respective interests may appear. The Foundation shall provide the Town with certificates of insurance evidencing the policies listed above prior to the commencement of the term of this agreement. The Foundation and the Town agree that in the event of the destruction 11/4/2014 -4- or damage of any of the improvements constructed by the Foundation all insurance money which is payable to the Town and /or the Foundation shall be utilized to replace or repair said improvements. Any excess money received from insurance after the reconstruction or repair of said improvements, if there be no default on the part of the Foundation in the performance of this agreement, shall be paid to the Foundation. 12. Indemnification The Foundation agrees to indemnify, defend, hold and save harmless the Town against any and all claims, debts, demands or obligations which may be made against the Town arising by reason of or in connection with any alleged act or omission of the Foundation or any person claiming under, by, or through the Foundation; and if it becomes necessary for the Town to defend any action seeking to impose any such liability, the Foundation shall pay the Town all costs of court and attorneys fees incurred by the Town in such defense in addition to any other sums which the Foundation may be called upon to pay by reason of any entry of judgment against the Town in any such litigation. The Town agrees to indemnify, defend, hold and save harmless the Foundation against any and all claims, debts, demands or obligations which may be made against the Foundation arising by reason of or in connection with any alleged act or omission of the Town or any person claiming under, by, or through the Town; and if it becomes necessary for the Foundation to defend any action seeking to impose any such liability, the Town shall pay the Foundation all costs of court and attorneys fees incurred by the Foundation in such defense in addition to any other sums which the Town may be called upon to pay by reason of any entry of judgment against the Foundation in any such litigation. 13. No Lien The Foundation agrees that it will not permit or suffer to be filed or claimed against the interest of the Town in the property during the term of this agreement any lien or claim of any kind and if such lien or claim be filed, it shall be the duty of the Foundation thirty (30) days after having been given notice of such lien or claim by the Town to cause the property to be released from such lien or claim either by payment or by posting of a bond or by the payment into the appropriate court of the amount necessary to relieve and release the property from such claim, or in any other matter which as a matter of law will result, within such period of thirty (30) days, in releasing the Town and the property from such lien or claim. 11/4/2014 -5- 14. Assignment This lease may not be assigned or sublet without the prior written approval of the Town. 15. Financing The Foundation shall be responsible during the term of this lease for financing the construction of any improvements on the property and for the repayment of any loans obtained for the construction of the improvements on the property. The Foundation agrees to indemnify and hold the Town harmless from any failure to repay any loan used to finance the construction of said improvements. 16. Repair Obligations During the term of this lease the Foundation will keep in a good state of repair the property and all improvements constructed on the property by the Foundation. The Town agrees that during the term of this lease it will be responsible for the maintenance of the Gerald R. Ford park other than the property and the improvements constructed thereon including, but not limited to, maintenance and operations of parking areas, access roads and existing public restrooms outside the leased property. 17. Foundation's Default and Termination of Lease The Town may give the Foundation five (5) days notice of the intention to terminate this lease if the Foundation is in default in the performance of any of the covenants, terms or conditions of this lease and such default is not cured within thirty (30) days after written notice thereof given by the Town. If the Town shall give the five (5) days notice of termination, then at the expiration of such period this lease shall terminate as completely as if that were the date definitely fixed for the expiration of the term of this lease and the Foundation shall then surrender the property to the Town. If this lease shall so terminate, it shall be lawful for the Town at its option, without formal demand or notice of any kind, to reenter the leased property by any means, including force, and to remove the Foundation therefrom without being liable for any damages therefor. The Foundation shall remain liable for all its obligations under this agreement despite the termination of this lease and the Town's reentry. 18. Termination upon Completion and Acceptance of Amphitheatre and the Endowment Upon the occurrence of the following events, this lease shall terminate and all interests in the property and all improvements thereon shall revert to the Town: `iILlfPkiyG! A) The issuance of a certificate of occupancy to the Amphitheatre. B) Acceptance of the Amphitheatre by the Town of Vail. C) The obtaining by the Foundation of an endowment in the amount of $435,000 in cash or federal securities ( "the endowment ") and written notification of such fact to the Town. At the time the lease is terminated as set forth in this paragraph, the endowment shall be transferred as a restrictive gift by the Foundation to the Town. Grants from the endowment will be made exclusively for the operation, maintenance and repair of the Amphitheatre and shall be based upon annual operating budgets prepared by the Town and submitted to the Foundation on or before May 31 of each year for the subsequent year's operating budget for its prior approval. The Foundation shall notify the Town in writing within thirty days of the submission to it of the annual operating budget of any disapproval it may have of the budget and its reasons therefor. Should such notice not be given by the Foundation to the Town within the thirty day period, the Foundation's approval shall be presumed. Should the Foundation notify the Town of its disapproval of the operating budget, the Town shall have the option of appealing the Foundation's disapproval to a committee consisting of one member of the Town Council of the Town of Vail, one member of the Board of Trustees of the Foundation and one individual who shall be chosen by the other two. The decision of the committee in regard to the operating budget shall be final. If the Town wishes to so appeal a disapproval by the Foundation of the operating budget, it shall give notice to the Foundation of such appeal within ten days of the receipt of the Foundation's written disapproval. 19. Expiration At the expiration of this lease the Foundation will deliver possession of the property and all improvements including any furnishings, fixtures and equipment which the Foundation may have affixed upon the property to the Town. 20. Maintenance of the Amphitheatre During the term of this agreement, the Foundation shall be and remain fully and solely liable for all costs and expenses relating to the operation, maintenance and repair of the property and all improvements thereon until such time the endowment in the amount of $435,000 in cash or federal securities is transferred from the Foundation to the Town as a restrictive gift as set forth in the preceding paragraph. Should the term of this lease expire and upon expiration should the endowment set forth in paragraph one of this agreement not be provided the Town of Vail as set forth therein, then the Foundation shall remain fully and solely liable 11/4/2014 -7- •T l+ for all costs and expenses relating to the operation, maintenance and repair of the property and all improvements thereon. 21. No Waiver No waiver of a breach of any of the covenants in this lease shall be construed to be a waiver of any succeeding breach of the same covenant. 22. Written Modifications No modification, release, discharge or a waiver of any provisions hereof shall be of any force, affect or value unless in writing signed by the Town and the Foundation. 23. Entire Agreement This document and its Exhibits contain the entire agreement between the Town and the Foundation as of the date of signing. The execution hereof has not been induced by either party, by representations, promises or understandings not expressed within this agreement, and there are not collateral agreements, stipulations, promises, or undertakings whatsoever upon the respective parties which in any way touch the subject matter of this instrument which are not expressly contained in this instrument. 24. Notices If either party desires to give notice to the other in connection with and according to the terms of this agreement, such notice shall be by a registered or certified mail and it shall be deemed given when deposited in the United States mail with postage prepaid and such notices are addressed as follows: Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 President Vail Valley Foundation P. 0. Box 309 Vail, Colorado 81658 25. License Agreement The Foundation agrees during the term of this lease to permit the Town to enter into a limited license agreement with the Vail Alpine Garden for the sole purpose of allowing the Vail Alpine Garden to build a garden for display purposes in a planter area at the entrance of the Amphitheatre as set forth in Exhibit B attached hereto. 11/4/2014 -8- 26. Open to Public Except for the refreshment area, backstage area and restrooms at times no event is scheduled, the Foundation will permit access to the Amphitheatre by the general public from 9:00 a.m. to 6:00 p.m. daily. The Town, its officers, agents and employees shall have the right to enter onto the leased premises at any time for any reasonable purpose. 27. Cooperation with Town The Foundation agrees to cooperate with the Town to enable the Town to construct improvements in Gerald R. Ford park. 28. Number of Scheduled Events During each year of this lease term and any extension thereof the Foundation shall sponsor no less than twenty (20) events of the kind set forth in Section 6 of this Agreement. 29. Financial Statements During each year of this lease term and any extension thereof, the Foundation shall file a copy of its financial statement, including balance sheets, profit /loss statement, and endowment funds earmarked, with the Town. IN WITNESS WHEREOF, the parties so sign this agreement on this day of 4gAQ,ty� , 1987. TOWN OF VAIL By: Rondall V. Phillips, Town Man ger VAIL VALLEY FOUNDATION -� By:� 1 Robert Knous, President 11/4/2014 WE Exhibit A RCEL A #�n unplatted parcel of land located in the NE 1/4, Section 8. Township S South, Range eo West o+ the Sixth Principal Meridian. Town of Vail, Eagle County, Colorado, described as follows: Beginning, at a,,-;,,point whence. the nurthea t, corner of The Wren. A $ Condpminivm;,;Prdject, according to the, ,mao-jhereof recorded in the r , 'C and Recorder, bears N -of 4 c o+; the eagle County, 'Co 16 adq f4j�; :W:08,45W W .116$.76 +eet;, thence N, 18 1 e"561 ' I E 150-135 feet; thence E 144-61 ' feet9 rier ,e -84 19 43" E 122.84 +eetl N jeett thencet,S 3 23146 1� khon- �:Zwwi-E "i 3�4 6!3, he W 310.14 S, Be -F e 0' Olt, �,tjiqflce ',04 t#;f)56-.2 . f eet t thence S 71P 55 17 W 148:6✓ n cO--. N, , a9 59"' .feet to the point of beginningo t; ai a an nihg,.Z.57-4' a c r" e! PARCEL C t 6, I'N :A 4pnp�ottiid,'-po 1 4: 11and- ," aca 1 e , n e E' 1/4.1 -Section 8, r. t ih.Princtipal Meridian, �,_�rqwnshi p 5 So6 th��, Ranqe, 80,1 t of Slx _4 ount �'Colorado,, described aso fall s: lown of YVai 1,, Eagle ;,C Ow Y* "inn in' a A t atVoint when the northeast corner o+ The Wren, accoeding to the map thereof' r -ecorded in the C e,O+ tli,6_ eAq Coi-tn ty,, 'Coloradap Clerk' and. P,,ecorder, bears N , ' W. 1` :7 " ieet-, ,maid point 'of beginning also being-the " thwesterfy, corner of, Parcel A descri beef *above! thence N 61 44!'3 5'1 It 145-.'-(tO'+eei;' ihenc'e S 59 50`43" E I 1)5.00 feet to the iouthorly line of said, Parcel Aq' thence the following two ccourses., �alonil said southerly; line: (1) S 79 55' 174 W 90.00 feet; (2) N E39 59 °# ®' W 130.001 t o -_, t h e point of beginning, containing 0.1725 Act-,es, more or less.`:- Date:- Leland J.'s' 0 6 Col o 1� 506 oraoo. S. '23 C";Q\ ....... . .. .... 11/4/2014 VAILVALLEY FOUNDATION Providing leadership in athletic, educational and cultural endeavors to enhance and sustain the quality of life in the Vail Valley Board of Directors President Gerald R. Ford Robert E. Barrett Leon D. Black Carolyn S. Blount Craig M. Cogut James Berry Craddock Jack Crosby Andrew P. Daly H. Benjamin Duke, Jr. Harry H. Frampton, III John Garnsey George N. Gillett, Jr. Pepi Gramshammer Steve N. Haber Martha Head William J. Hybl Elaine W. Kelton Henry R. Kravis Fitzhugh Scott, Emeritus Michael S. Shannon Rodney E. Slifer C. Philip Smiley Richard L. Swig Oscar L. Tang Herbert A- Wertheim John Garnsey President 1989 World Alpine Ski Championships AEI World Forum American Ski Classic Vail International SummerofDanee Gerald R. Ford Amphitheater -Fund for the Future Hornblower Awards and Scholarships 1994 World Mountain Bike Championships P.O. Box 309 Vail, Colorado 81658 303. 476.9500 Fax 303- 476.7320 RECEIVED AUG _2 5 1994 Dl ✓ August 23, 1994 Mr. Bob McLaurin Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Bob: - In regards to the agreement between the Vail Valley Foundation and the Town of Vail dated December 8th, 1987 regarding the Gerald R. Ford Amphitheater, please accept this as our, written notice that the Vail Valley Foundation wishes to extend our option as set forth in Section 2, Paragraph B. As stated in the agreement, the extended lease shall commence on November 1, 1995 and end on October 31, 1999. In light of the 1999 World Alpine Ski Championships the Vail Valley Foundation would like to request a third extended term of two (2) years to commence November 1, 1999 and to end October 31, 2001. Please contact me as soon as possible so we may discuss this added extension. Thank you for your assistance in this matter. I look forward to working with you, your staff, and the Town Council in all future endeavors. Sincerely, Vail Valley Foundation, Inc. Jo Garnsey Pr sident ACoforv&501 (c) (3) 11 /4/2014 Noxpmft Corporotiox :::..:::::.•: ......:::::::::::::: :.:rr'rri:Lir:•r::•:x:4:4:4::•; rrrr:••; n.::.:.::..:,:'::::::.::.::.:.::::..:...;:..;; :.:Lyy.:.};::::: n•::: { .::::...........:: .... �: ..;; .......�.:.rr:•rrr:•: ryi•.::: i:4r::::: <;: :;:;:: � ': ...; .:. .: :: . ..; ' :. 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DA TE (B ADD/Y : • �i'�•r:••rir:•rriir:•r:•r:•rr:• �rr:•rr rrrrr:•r �:trrrrr•:•rrr:••r:•r:•r:•r .. ... 2 .: :: ': :' : :;:'>: .:::: S:.....: ....... ....... :.,.r.iri.:::::..•::i.�. �.::i•`.•r:•::•r:•r:.r•.r i;::;::.>::•r »3' >:•: •.:::: .. :..' :. :..: •:.:::::::. rr• rrt+ t: i::•>:: o::. S:::`:. rrr:•::• r:•::• r:• rr:•:: :.�::::::.i:i•::•`.•::.::::::•: :::.,. : :. 6/28/199 rrrr:<. r:.:.:. r: .::.r:.r:.:.r:.r:.r:.r:;.rr':': •'••. r:..::...:..::.::.:::. �::: ...:......:.:..::::.�:.,..:.... .:: ..>:.>:.;:.;;; DucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION InterMountain Ins. Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER11RCATE DOES NOT AMEND, EXTEND OR BOX 5700 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Avon, CO 81620 COMPANIES AFFORDING COVERAGE (9 7 0) 949-4411 COMPANY A Allstate Insurance Company WSURED Vail Myraid, Inc. dba CB" Ford Amphitheater Concessions MANY PO Box 1703 C Vail CO 81658 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER �TY(MW POLICY DATE PINVOWM LONA GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 A COMMERCIAL GENERAL LIABILITY 050 289119 05/3.5/96 05/15/97 PRODUCTS - COMP/OP AGO 51,000,000 CLAIMS MADE OCCUR PERSONAL 8 ADV WJURY $1,000,000 EACH OCCURRENCE $1,000,000 OWNER'S 8 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) S 50,000 MED EXP (Any one person) $ 51000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ ANY AUTO BODILY CRY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per axidenq $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE INABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ DISEASE - POLICY LIMIT Is THE PROPRIETOR/ INCL PARTNERSFXECUTIVE —' OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE S OTHER DESCRIPTION OF OPERATIONS /LOCATIONSW- HICLES/SPECIAL ITEMS ::::::::..:. ::...;::; ::::::: :.::.: •::......:::.::::.......... ::r:::: :......::...:::.::::.::: •::. r• .:....::;;::::::......::::::::: •.;•:.r:..;:.r:.rr•::: ••. O�i<'>>>' �>>><'#>:>'><« �`>`:< �: �'<'•> �><. ' >''<<' >.'•• . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EKPRA71ON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO UAL 30 DAYS WRMEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Town of Vail BUT FAILURE TO UAL OWN TILE SHALL WOW NO OBLKIATION on LIABILITY OF ANY KIND UPON ANY, ITS 0PRESMATIVEIL 75 S. Frontage Road AUTHORIZED REPRESENTATIVE Vail C 81657 Aa f:��AT,�✓.i1s/... .ORF. .. FOUNDATION RECD AUG - 71991 Providing readership P'� in athletic, educational and cultural endeavors ' to enhance and sustain the quality ollije in August 6, 1991 the Vail Valley -! n Mr. Rondall V. Phillips Town of Vail 1 Board ofDireetora 75 South Frontage. Road Vail, Colorado 81657 s President Gerald R Ford ��/ '/I Robert E. Barrett 1 Carolyn Dear Ron: James Berry Craddock ddock _ Jack Crosby . H. Benjamin Duke, Jr. In regards to the agreement between the Vail Valley Ham H. John Iil Foundation and the Town of Vail dated December 8th, John Garnsey George N. Gillett, Jr. 1987 regarding the Gerald R. Ford Amphitheater, please James -Green au accept this as our written notice that the Vail Valley James R Greenbaum Steve N. Haber Foundation wishes to extend our option as set forth Martha Head in Section 2, Paragraph B. William J. Hybl Elaine W. Kelton Henry R- Kravis As stated. in the agreement, the extended lease shall Frank J. Lynch Fitzhugh Scott commence on November 1, 1991 and end on October 31, _ Michael S. Shannon 1995. Rodney E. Slifer Richard L Swig Oscar LTang Thank you for your assistance in this matter. I look forward to working with you, your staff, and the Town John Garnsey Council in all future endeavors. President VAIL VALLEY FOUNDATION Sincergjy, 1989 World Alpine Ski Championships John Garnsey AB: W °'tdF °Nm P e s i d e n t. American Ski C7assi Bolshoi Ballet Academy at Vail Gerald R. Ford cc: President Gerald R. Ford Amphitheater Harry H. Frampton I I I Rodney E. Slifer P.O. Box 309 Vail Colorado 81658 303.47fr9500 Fax 303. 476-7380 Telex 910 - 290 -1989 A Colorado 501 fd W Nexpr*CnPoradox 11/4/2014 a B. At the expiration of the original term of this Lease, if the Lease is still in full force and effect and the Foundation is not in default of any of its terms and conditions, the Foundation shall have the option to extend this Lease, upon the same terms and conditions for an additional term of four (4) years, to commence on November 1, 1991 and to end on October 31, 1995. If the Lease shall have been so extended, then at the expiration of such first extended term, if this Lease as so extended is still in full force and effect and the Foundation shall not be in default of any of its terms, the Foundation shall have the option to extend this Lease, upon the same terms and conditions for a second extended term of four (4) years to commence November 1, 1995 and to end on October 31, 1999. The option for each such extended term shall be exercised by the Foundation by giving written notice thereof to the Town not less than sixty (60) days prior to the expiration of the then current term. 3. Rental The Foundation agrees to pay the Town a rent of ten dollars ($10.00) for the full term of this lease payable in advance at such place as the Town may 'I specify in writing to the Foundation. 4. Lease Expenses and Costs During the term of this lease the Foundation shall pay all costs, expenses and obligations of every kind or nature relating to the property or the improvements thereon which may arise or become due. Notwithstanding the foregoing, the Town will impose no expense or cost on the Foundation which would cause the Foundation to lose its tax exempt status. 5. Payment of Taxes During the term of this lease the Foundation shall pay, before any fine, penalty, interest or cost may be added, or become due or be imposed for nonpayment thereof, all taxes, assessments, water and sewer rents, rates and charges, transfer taxes, charges for public utilities, excises, levies, licenses and permit fees, and other Governmental charges which during the term of this lease may be assessed or become a lien on the property with respect to the Amphitheatre improvements on the property itself. Notwithstanding the foregoing, the Town will impose no tax, assessment, rate or charge which would cause the Foundation to lose its tax exempt status. SL 39 1 -92 ISSUE DATE (MM /DD /YY) CERTIFICATE OF INSURANCE 74818 6/22/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & K Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1712 Magnavox Way P.O. BOX 2338 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Fort Wayne, In 46801 INSURED COMPANY ATRANSAMERICA INSURANCE VAIL VALLEY FOUNDATIO LETTER COMPANY BTRANSAMERICA INSURANCE LETTER P.O. BOX 309 VAIL, CO 81657 COMPANY LETTER c COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN- DICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI- TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD /YY) POLICY EXPIRATION DATE (MM /DD /YY) LIMITS (in thousands) General Liability 12: 0 1A General Aggregate $ NONE roducts- Comp /Ops Aggregate $ B ® Commercial General Liability SS PO 2 7 6 7 5 8 6 )11/01/91 1 / 01 / 9 2- ._. ersonal & Advertising Injury $ ❑ Claims Made ® Occur. Each Occurrence $ ❑ Owner's & Contractors Prot. 0 Fire Damage (Any one fire ) $ Medical Expense (Any one person) $ Participant Legal Liability $ B Automobile Liability El Any auto SSP02767586 12 : 01AM 11/01/91 12 : 01AM 11/01/92 Combined Single Limit $ 1000 ❑ All owned autos n❑n Scheduled autos ll Hired autos n IXI Non -owned autos Bodily Injury (per person) $ Bodily Injury (per accident) $ ❑ Garage Liability Property Damage $ Excess Liability ❑ Each Occurrence Aggregate ❑ Other than Umbrella form $ $ Workers' Compensation and Employers' Liability �uL 0 �� Statutory $ Each Accident $ Disease-Policy Limit $ Disease -Each Employee 12:01AM 12:01AM AD &D $ NONE Primary Medical $ NONE A Participant SPX012 2 8 4 6 0 11/01/91 11/01/92 Excess Medical $ 10 Accident weekly indemnity $ X NONE DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /RESTRICTIONS! SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE TOWN OF VAIL CANCELLED BEFORE THE EXPIRATION DATE THEREQF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL .331111 DAYS 75 S. FRONTAGE ROAD WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE VAIL, CO 81657 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ( SEE ENDORSEMENT CG 2011) ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE SL 39 1 -92 ISSUE DATE (MM /DD /YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Harbour Insurance Management 9 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Harbour ProteoBve Ineurarroe Services Entertainment/ Sports / Special Events COMPANIES AFFORDING COVERAGE 11400 W. Olympic Boulevard Suite 272 Concerts, Tours, Touring Artists, Theatre ..... ...,, ............... ...... .. . .... ... ...... ...... .,...... .,,.....,.. Los Angeles, California 90084 Film Production, Amateur & Professional i COMPANY A Tel: 21 &445.8872 / Fax: 213.445 -8884 Sports, Festivals and Street Fairs LETTER Gulf Insurance. Company COMPANY B INSURED LETTER Professional Event Management, Inc. C DBA'ProEvent �,.... LETTERNY �u..._... _....._ . 1100 Stout St, Suite 85 COMPANY D s Denver, CO 80204 LETTER COMPANY E LETTER 4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _,. .. � . .... ..., .. _._. ........... .... __, ... _ .., ................... ,. CO TYPE OF INSURANCE i POLICY NUMBER LTRj POLICY EFFECTIVE POLICY EXPIRATION; LIMITS DATE (MM /DD /YY) E DATE (MMIDDIYY) i GENERAL LIABILITY GENERAIAGGREGAT E $ OQQ � 00 A COMMERCIAL GENERAL LIABILITY ! PKG 8338072 .,j„ .. y T 06/10/91 06/10/92 i PRODUCTS-COMP/OP AGO. $ 1 /�/�/►� CLAIMS MADE x i OCCUR„ PERSONAL& ADV. INJURY ' $ 1. OWNER'S & CONTRACTOR'S PROTq EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ 50,000 MED. EXPENSE (Any one person $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT _... ALL OWNED AUTOS B° ODILY INJURY $ ' SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND 9CT JUL ... ..:. DISEASE— POLICY LIMIT $ 11991 EMPLOYERS' LIABILITY j . . DISEASE —EACH EMPLOYEE ; $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Event Management / Production -Not responsible for spectator liability. Below named certificateholder is listed as an additional insured. OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Pam Brandmeye IRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO L $Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Town of Vail T, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 75 S.Frontage Road W. :]: BILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Vail r CO 81657 IZED RE E ENTATIVE AGREEMENT THIS AGREEMENT is made and entered into as of the 1st day of _ April , 1986 by and between the VAIL VALLEY FOUNDATION ( "Foundation "), P. 0. Box 309, Vail, Colorado 81658, and the TOWN OF VAIL, Colorado ( "Town "), with Municipal Offices at 75 South Frontage Road, Vail, Colorado 81657. I. Recitals 1. The Foundation is a non - profit, tax exempt charitable organization involved in supporting community charitable, cultural, educational and recreational programs within the Vail valley; 2. The Town desires to work with and encourages the Foundation to undertake projects which would benefit the citizens of and visitors to Vail; 3. The Foundation has agreed to assume the responsibility for the financing and construction of the Ford Amphitheater ( "Amphitheater ") and to obtain an endowment for the purposes of financing the ongoing repair and maintenance operations of the Amphitheater whose construction was originally begun by the Gerald R. Ford Commemorative Committee at Vail, thereby relieving the burden of so doing to the Town and providing a quality facility for recreational activities and events, and for the citizens of and the visitors to the Vail valley and the State of Colorado; 4. The Foundation has previously expended funds to complete certain preliminary work necessary to prepare the Amphitheater site for further construction; and 5. The Foundation has raised funds to do additional work on the Amphitheater and remains committed to the completion of the Amphitheater and to the maintenance of the Amphitheater for a period of no less than five (5) years or until an endowment can be raised for that purpose. NOW, THEREFORE, the Foundation and the Town agree as follows: II. Agreement 1. Ground Lease On the terms and conditions set out below, and the consideration of the payment of ten dollars ($10.00) by the Foundation to the Town and the prompt performance by the Foundation and the Town of the covenants and agreements to be kept and performed by the Foundation and the Town, the Town does lease to the Foundation and the Foundation hereby leases from the Town the following property `§FZAyPPQ$S[! described in Exhibit A attached hereto ( "property ") lying in the Town of Va 1, County of Eagle and State of Colorado. 2. Term and ending provided. This lease shall be for a term commencing on April 1 , 1986 March 31 1987, unless sooner terminated as hereinafter 3. Rental The Foundation agrees to pay the Town a rent of ten dollars ($10.00) for the full term of this lease payable in advance at such place as the Town may specify in writing to the Foundation. 4. Lease Expenses and Costs During the term of this lease the Foundation shall pay all costs, expenses and obligations of every kind or nature relating to the property or the improvements thereon which may arise or become due. Notwithstanding the foregoing, the Town will impose no expense or cost on the Foundation which would cause the Foundation to lose its tax exempt status. 5. Payment of Taxes During the term of this lease the Foundation shall pay, before any fine, penalty, interest or cost may be added, or become due or be imposed for nonpayment thereof, all taxes, assessments, water and sewer rents, rates and charges, transfer taxes, charges for public utilities, excises, levies, licenses and permit fees, and other Governmental charges which during the term of this lease may be assessed or become a lien on the property with respect to the Amphitheater improvements on the property itself. Notwithstanding the foregoing, the Town will impose no tax, assessment, rate or charge which would cause the Foundation to lose its tax exempt status. 6. Improvements During the term of this lease the Foundation shall be permitted to construct the following elements of the Amphitheater in accordance with plans approved by the Town of Vail: 1) The basement below the stage. 2) The stage system as designed by the Architect of the Amphitheater. 3) The vaulted roof forms over the stage and seating areas. 11/4/2014 -2- Iq 4) The wing walls adjacent to the stage to help focus attention to the performance and to provide a backstage area for the performers. 5) The bermed seating area to the west and north of the project. 6) Electrical lighting and service systems related to the roof system over the stage. 7) The relocation of primary electrical power which is in conflict with the Amphitheater construction. 8) The reconstruction of the existing bike path to the south and east of the facility. 9) The landscaping of the area immediately south of the stage to provide a backdrop for performances. 10) The rough grading and hydro - mulching of the entire construction site to control dust. During the term of this lease the Foundation shall continue its fund raising and as additional funding becomes available, may continue construction on the Amphitheater to provide the following in accordance with plans approved by the Town of Vail: 1) The tickets /concession building. 2) The public restroom facility. 3) The performers' restroom and "green room" facility. 4) The storage and receiving building. 5) The expanded seating slab and the creation of the box seats, grass seating areas and planter boxes below the roof. 6) All site retaining walls. 7) All landscaped construction, perimeter control fencing, the irrigation system and decorative iron gates as originally proposed and approved. 8) The brick paving in all plaza areas. 9) Asphalt paving in the designated areas. 10) The connection of water and sewer systems to the existing infrastructure and, consequently, the payment of applicable tap fees. The Foundation shall not authorize any variance from the plans or specifications which have been approved by the Town for the construction of the Amphitheater without the prior written approval of the Town. 11/4/2014 -3- A The Foundation shall not use the property for any other purpose except for the construction and maintenance of the Amphitheater as set forth herein and limited fund raising activities after a TCO is issued. 7. Permits The Foundation shall procure permits necessary for any construction work it wishes to proceed with on the property and during such construction shall comply with all applicable legal requirements. All work done by the Foundation shall comply with all applicable laws, ordinance and regulations of the State of Colorado and the Town of Vail. 8. Bonds If the work done by the Foundation on the property is to exceed the total sum of fifty thousand dollars ($50,000.00) the Foundation shall obtain all the necessary surety bonds from the contractor who is to do the work as required and set forth by Title 38, Article 26 of the Colorado Revised Statutes, as amended. The Foundation shall submit to the Town for its review, which approval shall not be unreasonably delayed or withheld, a copy of the written construction agreement with the general contractor who is to do the work on the property. 9. Waiver of Fees The Town agrees to waive all building and development fees within its control and to aggressively recommend in writing to other Governmental and public entities and political subdivisions that such entities and political subdivisions also waive any fees that may normally be assessable during the development of the amphitheater. 10. Insurance At all times during the term of this agreement the Foundation shall carry and maintain the following insurance policies with insurance companies satisfactory to the Town. Such policies shall include a provision requiring a minimum of thirty (30) days notice to the Town in case of change or cancellation. 1) From the time when construction of any improvements commence a builder's risk policy in an amount equal to cover the current replacement cost of any such improvement. 2) From the time when this lease commences, comprehensive general liability insurance in an amount of one million dollars ($1,000,000.00) per occurrence including the following coverages: Contractual insurance; personal injury; premises operations; explosion, collapse and underground hazards; product 11/4/2014 -4- I completed operations hazards; broad form property damage; and independent contractors. 3) The Foundation shall require all contractors and subcontractors performing services in the construction of any improvements on the property to obtain worker's compensation insurance in accordance with the provisions of the Workman's Compensation Act of the State of Colorado for all employees engaged in the construction of said improvements. 4) From the time any improvements are completed on the property and while this lease is still in effect, fire and extended coverage insurance in an amount equal to one hundred percent (100 %) of the full replacement cost of the Amphitheater. All policies of insurance required to be maintained by the Foundation shall name the Town and the Foundation as the insured as their respective interests may appear. The Foundation shall provide the Town with certificates of insurance evidencing the policies listed above prior to the commencement of the term of this agreement. The Foundation and the Town agree that in the event of the destruction or damage of any of the improvements constructed by the Foundation all insurance money which is payable to the Town and /or the Foundation shall be utilized to replace or repair said improvements. Any excess money received from insurance after the reconstruction or repair of said improvements, if there be no default on the part of the Foundation in the performance of this agreement, shall be paid to the Foundation. 11. Indemnification The Foundation agrees to indemnify, defend, hold and save harmless the Town against any and all claims, debts, demands or obligations which may be made against the Town arising by reason of or in connection with any alleged act or omission of the Foundation or any person claiming under, by, or through the Foundation; and if it becomes necessary for the Town to defend any action seeking to impose any such liability, the Foundation shall pay the Town all costs of court and attorneys fees incurred by the Town in such defense in addition to any other sums which the Foundation may be called upon to pay by reason of any entry of judgment against the Town in any such litigation. The Town agrees to indemnify, defend, hold and save harmless the Foundation against any and all claims, debts, demands or obligations which may be made against the Foundation arising by reason of or in connection with any alleged 11/4/2014 -5- act or omission of the Town or any person claiming under, by, or through the Town; and if it becomes necessary for the Foundation to defend any action seeking to impose any such liability, the Town shall pay the Foundation all costs of court and attorneys fees incurred by the Foundation in such defense in addition to any other sums which the Town may be called upon to pay by reason of any entry of judgment against the Foundation in any such litigation. 12. No Lien The Foundation agrees that it will not permit or suffer to be filed or claimed against the interest of the Town in the property during the term of th4s agreement any lien or claim of any kind and if such lien or claim be filed, it shall be the duty of the Foundation thirty (30) days after having been given notice of such lien or claim by the Town to cause the property to be released from such lien or claim either by payment or by posting of a bond or by the payment into the appropriate court of the amount necessary to relieve and release the property from such claim, or in any other matter which as a matter of law will result, within such period of thirty (30) days, in releasing the Town and the property from such lien or claim. 13. Assignment This lease is not assignable without the prior written approval of the Town. 14. Financing The Foundation shall be responsible financing the construction of any improvements on of any loans obtained for the construction of the Foundation agrees to indemnify and hold the Town any loan used to finance the construction of said 15. Repair Obligations during the term of this lase for the property and for the repayment improvements on the property. The iarmless from any failure to repay improvements. During the term of this lease the Foundation will keep in a good staCe of repair the property and all improvements constructed on the property by the Foundation. The Town agrees that during the term of this lease it will be responsible for the maintenance of the Gerald R. Ford park other than the property and the improvements constructed thereon including, but not limited to, maintenance and operations of parking areas, access roads and existing public restrooms outside the leased property. 11/4/2014 -6- 16. Foundation's Default and Termination of Lease The Town may give the Foundation five (5) days notice of the intention to terminate this lease if the Foundation is in default in the performance of any of the covenants, terms or conditions of this lease and such default is not cured within thirty (30) days after written notice thereof given by the Town. If the Town shall give the five (5) days notice of termination, then at the expiration of such period this lease shall terminate as completely as if that were the date definia'y fixed for the expiration of the term of this lease and the Foundation shall then surrender the property to the Town. If this lease shall so terminate, it shall be lawful for the Town at its option, without formal demand or notice of any kind, to reenter the leased property by any means, including force, and to remove the Foundation therefrom without being liable for any damages therefor. The Foundation shall remain liable for all its obligations under this agreement despite tha termination of this lease and the Town's reentry. The Foundation shall have the right to terminate this agreement upon the completion of the Amphitheater and the establishment of an endowment in the amount of four hundred thirty five thousand dollars ($435,000.00) to be used exclusively for the operation, maintenance and repair of the property and the Amphitheater. 17. Expiration At the expiration of this lease the Foundation will deliver possession of the property and all improvements including any furnishings, fixtures and equipment which the Foundation may have affixed upon the property to the Town. 18. Maintenance of the Amphitheater The Foundation shall be and remain fully and solely liable for all costs and expenses relating to the operation, maintenance and repair of the property and all improvements thereon until March 31, 1991 or until such time that an endow - ment in the amount of four hundred thirty five thousand dollars ($435,000.00) in cash or Federal securities is established by the Foundation exclusively for the operation, maintenance and repair of the property and Amphitheater and agreement has been reached by the respective parties as to the management of the endowment. 19. No Waiver No waiver of a breach of any of the covenants in this lease shall be construed to be a waiver of any succeeding breach of the same covenant. 11/4/2014 -7- 20. Written Modifications No modification, release, discharge or a waiver of any provisions hereof shall be of any force, affect or value unless in writing signed by the Town and the Foundation. 21. Entire Agreement This document and its Exhibits contain the entire agreement between the Town and the Foundation as of the date of signing. The execution hereof has not been induced by either party, by representations, promises or understandings not expressed within this agreement, and there are not collateral agreements, stipulations, promises, or undertakings whatsoever upon the respective parties which in any way touch the subject matter of this instrument which are not expressly contained in this instrument. 22. Notices If either party desires to give notice to the other in connection with and according to the terms of this agreement, such notice shall be by a registered or certified mail and it shall be deemed given when deposited in the United States mail with postage prepaid and such notices are addressed as follows: Town of Vail 75 South Frontage Road Vail, Colorado 81657 Vail Valley Foundation P. 0. Box 309 Vail, Colorado 81658 IN WITNESS WHEREOF, the parties so sign this agreement on this 2nd day of April , 1986. TOWN OF VAIL By: Rondall V. Phillips, Town Manager VAIL VALLEY FOUNDATION By: ye�� or an - Kates, President 11/4/2014 RFC'^ MAY 12 1987 FORD AMPHITHEATRE ADDENDUM THIS ADDENDUM is entered into by the parties of a lease agreement dated April 1, 1986 by and between the VAIL VALLEY FOUNDATION ( "Foundation ") and the TOWN OF VAIL, COLORADO ( "Town "). WHEREAS, the lease agreement between the Vail Valley Foundation and the Town of Vail dated April 1, 1986 was to have terminated on March 31, 1987; and WHEREAS, the Foundation has requested a new lease which would extend for a period of five (5) years; and WHEREAS, in order to grant the new lease, the Town has requested a new legal description evidencing the premises to be leased as well as a location survey indicating the placement of the Amphitheatre on the premises; and WHEREAS, the Amphitheatre needs additional time within which to prepare such legal description and location survey; and WHEREAS, the parties hereto would therefore like to extend the April 1 lease term for an additional period of time. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 2 - Term of the lease agreement of April 1, 1986 is hereby revised so that it reads as follows: 2. TERM This lease shall be for a term commencing on April 1, 1986 and ending on July 4, 1987 unless sooner terminated as hereinafter provided. 2. All other terms and conditions of the lease agreement between the parties dated April 1, 1986 shall remain unchanged and in full force and effect. TOWN OF UAIL 8 r ' �t • l- Y• Rondall V. Phillips, Tow Manager VAIL VALLEY FOUNDATION .4 By: 1 L^Aj, - Robert Knous, President 11/4/2014 FORD AMPHITHEATRE LEASE SECOND ADDENDUM THIS ADDENDUM is entered into by the parties of a lease agreement dated April 1, 1986 by and between the VAIL VALLEY FOUNDATION ( "Foundation ") and the TOWN OF VAIL, COLORADO ( "Town"). WHEREAS, the lease agreement between the Vail Valley Foundation and the Town of Vail dated April 1, 1986 was to have terminated on March 31, 1987; and WHEREAS, the Foundation has requested a new lease which would extend for a period of five (5) years; and WHEREAS, in order to grant the new lease, the Town has requested a new legal description evidencing the premises to be leased as well as a location survey indicating the placement of the Amphitheatre on the premises; and WHEREAS, the parties entered into a First Addendum extending the term of the lease from March 31, 1987 through July 4, 1987 in order to allow the Amphitheatre additional time within which to prepare such a legal description and a location survey; and WHEREAS, problems have arisen in the preparation of the location survey and the legal survey; and WHEREAS, the parties would therefore like to extend the lease term for an additional period of time. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 2 - Term of the lease agreement of April 1, 1986 is hereby revised so that it reads as follows: 2. TERM This lease shall be for a term commencing on April 1, 1986 and ending on September 30, 1987 unless sooner terminated as hereinafter provided. 2. All other terms and conditions of the lease agreement between the parties dated April 1, 1986 shall remain unchanged and in full force and effect. WHEREFORE, the parties have signed this Second Addendum this 07W,9 4day of , 1987. TOWN OF IL By: Rondall V. P VAIL VALLEY FOUNDATION 9 7/o��1 By: ps, Town MarAger Robert Knous, President `§FZAyPPQ$S[! AGREEMENT THIS AGREEMENT is made and entered into as of the �! 5� day of 'Y - 1985 by and between the Vail Valley Foundation ( "Foundation "), P.O. Box 309, Vail, Colorado 81658, and the Town of Vail, Colorado ( "Town "), with Municipal Offices at 75 South Frontage Road, Vail, Colorado 81657. I. Recitals 1. The Foundation is a non - profit, tax exempt charitable organization involved in supporting community charitable, cultural, educational and recreational programs within the Vail valley; 2. The Town of Vail desires to work with and encourages the Foundation to undertake projects which would benefit the citizens of and visitors to Vail; 3. The Foundation has agreed to assume the responsibility for the financing and construction of the Ford Amphitheater ( "Amphitheater ") and to obtain an endowment for the purposes of financing the ongoing repair and maintenance operations of the Amphitheater whose construction was originally begun by the Gerald R. Ford Commemorative Committee at Vail, thereby relieving the burden of so doing to the Town and providing a quality facility for recreational activities and events, and for the citizens of and the visitors to the Vail valley and the State of Colorado; 4. Presently, the Foundation has sufficient funds to proceed with certain preliminary work necessary to prepare the Amphitheater site and begin construction and the Town and the Foundation wish to see such work commenced; 5. The Town and the Foundation contemplate the mutual review of the Foundation's development plan and financial ability to complete the Amphitheater and its endowment prior to the termination of this lease agreement to determine how to proceed with the construction and completion of the Amphitheater and the endowment. NOW, THEREFORE, the Foundation and the Town agree as follows: II. Agreement I. Ground Lease On the terms and conditions set out below, and the consideration of the payment of ten dollars ($10.00) by the Foundation to the Town and the prompt perfor- mance by the Foundation and the Town of the covenants and agreements to be kept and performed by the Foundation and the Town, the Town does lease to the Foundation and the Foundation hereby leases from the Town the following property described in Exhibit A attached hereto ( "property ") lying in the Town of Vail, County of Eagle and State of Colorado. 11/4/2014 .4" • 2. Term 0 This lease shall be for a term commencing on August 21, 1985 and ending March 28, 1986, unless sooner terminated as hereinafter provided. 3. Rental The Foundation agrees to pay the Town a rent of ten dollars ($10.00) for the full term of this lease payable in advance at such place as the Town may specify in writing to the Foundation. 4. Lease Expenses and Costs During the term of this lease the Foundation shall pay all costs, expenses and obligations of every kind or nature relating to the property or the improvements thereon which may arise or become due. Notwithstanding the foregoing, the Town will impose no expense or cost on the Foundation which would cause the Foundation to lose its tax exempt status. 5. Payment of Taxes During the term of this lease the Foundation shall pay, before any fine, penalty, interest or cost may be added, or become due or be imposed for non- payment thereof, all taxes, assessments, water and sewer rents, rates and charges, transfer taxes, charges for public utilities, excises, levies, licenses and permit fees, and other Governmental charges which during the term of this lease may be assessed or become a lien on the property with respect to the Amphitheater improve- ments on the property itself. Notwithstanding the foregoing, the Town will impose no tax, assessment, rate or charge which would cause the Foundation to lose its tax exempt status. 6. Improvements During the term of this lease the Foundation shall be permitted to make certain improvements on the property relating to the preparation of the ground for the ultimate construction of the Amphitheater structure, construction of certain utilities, and the construction of certain foundations and seating areas which will be utilized in the construction of the Amphitheater. The Foundation shall not use the property for any other purpose without the written permission of the Town. 12 /4/2014 IN 7. Permits The Foundation shall procure permits necessary for any construction work it wishes to proceed with on the property and during such construction shall comply with all applicable legal requirements. All work done by the Foundation shall comply with all applicable laws, ordinances and regulations of the State of Colorado and the Town of Vail. 8. Bonds If the work done by the Foundation on the property is to exceed the total sum of fifty thousand dollars ($50,000.00) the Foundation shall obtain all the necessary surety bonds from the contractor who is to do the work as required and set forth by Title 38, Article 26 of the Colorado Revised Statutes, as amended. The Foundation shall submit to the Town for its review, which approval shall not be unreasonably delayed or withheld, a copy of the written construction agreement with the general contractor who is to do the work on the property. 9. Waiver of Fees The Town agrees to waive all building and development fees within its control and to aggressively recommend in writing to other Governmental and public entities and political subdivisions that such entities and political subdivisions also waive any fees that may normally be assessable during the development of the Amphitheater. 10. Insurance At all times during the term of this agreement the Foundation shall carry and maintain the following insurance policies with insurance companies satisfactory to the Town. Such policies shall include a provision requiring a minimum of thirty (30) days notice to the Town in case of change or cancellation. (1) From the time when construction of any improvements commence a builder's risk policy in an amount equal to cover the current replacement cost of any such improvement. (2) From the time when_thi.s lease commences, comprehensive general liability insurance in an amount of one million dollars ($1,000,000.00) per occurrence including the following coverages: Contractual insurance; personal injury; premises operations; explosion, collapse and underground hazards; product completed operations hazards; broad form property damage; and independent contractors. 11/4/2014 -3- d' • (3) The Foundation shall require all contractors and subcontractors performing services in the construction of any improvements on the property to obtain worker's compensation insurance in accordance with the provisions of the Workman's Compensation Act of the State of Colorado for all employees engaged in the construction of said improvements. (4) From the time any improvements are completed on the property and while this lease is still in effect, fire and extended coverage insurance in an amount equal to one hundred percent (100 %) of the full replacement cost of the Amphitheater. All policies of insurance required to be maintained by the Foundation shall name the Town and the Foundation as the insured as their respective interests may appear. The Foundation shall provide the Town with certificates of insurance evidencing the policies listed above prior to the commencement of the term of this agreement. The Foundation and the Town agree that in the event of the destruction or damage of any of the improvements constructed by the Foundation all insurance money which is payable to the Town and /or the Foundation shall be utilized to replace or repair said improvements. Any excess money received from insurance after the reconstruction or repair of said improvements, if there be no default on the part of the Foundation in the performance of this agreement, shall be paid to the Foundation. 11. Indemnification The Foundation agrees to indemnify, defend, hold and save harmless the Town against any and all claims, debts, demands or obligations which may be made against the Town arising by reason of or in connection with any alleged act or omission of the Foundation or any person claiming under, by, or through the Foundation; and if it becomes necessary for the Town to defend any action seeking to impose any such liability, the Foundation shall pay the Town all costs of court and attorneys fees incurred by the Town in such defense in addition to any other sums which the Foundation may be called upon to pay by reason of any entry of judgment against the Town in any such litigation. The Town agrees to indemnify, defend, hold and save harmless the Foundation against any and all claims, debts, demands or obligations which may be made against the Foundation arising by reason of or in connection with any alleged act or omission of the Town or any person claiming under, by, or through the Town; and if it 11/4/2014 -4- 6' becomes necessary for the Foundation to defend any action seeking to impose any such liability, the Town shall pay the Foundation all costs of cour and attorneys fees incurred by the Foundation in such defense in addition to any other sums which the Town may be called upon to pay by reason of any entry of judgment against the Foundation in any such litigation. 12. No Lien The Foundation agrees that it will not permit or suffer to be filed or claimed against the interest of the Town in the property during the term of this agreement any lien or claim of any kind and if such lien or claim be filed, it shall be the duty of the Foundation thirty (30) days after having been given notice of such lien or claim by the Town to cause the property to be released from such lien or claim either by payment or by posting of a bond or by the payment into the appro- priate court of the amount necessary to relieve and release the property from such claim, or in any other matter which as a matter of law will result, within such period of thirty (30) days, in releasing the Town and the property from such lien or claim. Town. 13. Assignment This lease is not assignable without the prior written approval of the 14. Financing The Foundation shall be responsible during the term of this lease for financing the construction of any improvements on the property and for the repayment of any loans obtained for the construction of the improvements on the property. The Foundation agrees to indemnify and hold the Town harmless from any failure to repay any loan used to finance the construction of said improvements. 15. Repair Obligations During the term of this lease the Foundation will keep in a good state of repair the property and all improvements constructed on the property by the Foundation. The Town agrees that during the term of this lease it will be responsible for the maintenance of the Gerald R. Ford park other than the property and the improvements constructed thereon including, but not limited to, maintenance and operations of parking areas, access roads and existing public restrooms outside the leased property. 16. Foundation's Default The Town may give the Foundation five (5) days notice of the intention to terminate this lease if the Foundation is in default in the performance of any of 11/4/2014 -5- the covenants, terms or conditions of this lease and such default is not cured within thirty (30) days after written notice thereof given by the Town. If the Town shall give the five (5) days notice of termination, then at the expiration of such period this lease shall terminate as completely as if that were the date definitely fixed for the expiration of the term of this lease and the Foundation shall then surrender the property to the Town. If this lease shall so terminate, it shall be lawful for the Town at its option, without formal demand or notice of any kind, to reenter the leased property by any means, including force, and to remove the Foundation therefrom without being liable for any damages therefor. The Foundation shall remain liable for all its obligations under this agreement despite the termination of this lease and the Town's reentry. 17. Expiration At the expiration of this lease the Foundation will deliver possession of the property and all improvements including any furnishings, fixtures and equip- ment which the Foundation may have affixed upon the property to the Town. 18. Additional Agreement Prior to the termination of this lease agreement the Town and the Foundation will review together whether or not the Foundation has adequate funds to pursue the full construction completion and endowment of the Amphitheater and will reach a mutual decision on whether to enter into a new agreement again leasing the property from the Town to the Foundation for the purpose of the full construction of the Amphitheater under such terms and conditions as the parties may then decide. 19. No Waiver No waiver of a breach of any of the covenants in this lease shall be construed to be a waiver of any succeeding breach of the same covenant. 20. Written Modifications No modification, release, discharge or a waiver of any provisions hereof shall be of any force, affect or value unless in writing signed by the Town and the Foundation. 21. Entire Agreement This document and its Exhibits contain the entire agreement between the Town and the Foundation as of the date of signing. The execution hereof has not been induced by either party, by representations, promises or understandings not expressed within this agreement, and there are no collateral agreements, stipulations, 11/4/2014 -6- 014, 61 promises, or undertakings whatsoever upon the respective parties which in any way touch the subject matter of this instrument which are not expressly contained in this instrument. 22. Notices If either party desires to give notice to the other in connection with and according to the terms of this agreement, such notice shall be by a registered or certified mail and it shall be deemed given when deposited in the United States mail with postage prepaid and such notices are addressed as follows: Town of Vail 75 South Frontage Road Vail, Colorado 81657 Vail Valley Foundation P. 0._ Box 309 Vail, Colorado 81658 IN WI NESS WHEREOF, the parties so sign this agreement on this �S� day of 1985. VAIL VALLEY FOUNDATION 11/4/2014 -7- EXHIBIT A An unplatted parcel of land located in the NE 1/4, Section 8, Township 5 South, Range 80 West of the Sixth Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at a point whence the northeast corner of The Wren, A Condominium Project according to the map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder bears N 52018'21" W 934.65 feet; thence S 81016'13" E 138.60 feet; thence S 89026'46" E 319.01 feet; thence S 30057'06" W 363.75 feet; thence S 79055'17" W 194.00 feet; thence N 89059'06" W 130.00 feet; thence N 080 00'54" E 373.64 feet to the point of beginning, containing 3.006 acres, more or less. `§FZAYPPQ$S[! PROPERTY DESCRIPTION An unplatted parcel of land located in the NE 1/4 Section 8, Township 5 South, Range 80 West of the Sixth Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the southwesterly corner of a parcel of land known as the Ford Amphithater Parcel, whence the northeast corner of The Wren, A Condominium Project, according to the map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, bears N36 008115 11W 1165.76 feet; thence N54 005'59 "W 71.45 feet; thence 268.84 feet along the arc of a non tangent curve to the left, having a radius of 164.91 feet, a central angle of 93 °24'19" and a chord that bears NO2 038117 "W 240.04 feet; thence N67 015'14 "E 16.98 feet; thence N07 023117 11E 38.63 feet; thence N19 °24'25 "E 87.07 feet; thence S78 °37'08 "E 227.90 feet; thence S87 °48'38 "E 47.25 feet to the northerly angle point of said Ford Amphitheater Parcel; thence the following four courses along the northwesterly line of said Ford Amphitheater Parcel: 1) S78 013155 "W 63.50 feet; 2) S46 025147 11W 144.61 feet; 3) S19 °11'18 "W 112.31 feet; 4) S18 018156 11W 150.85 feet to the Point of Beginning, containing 1.019 acres, more or less. ' Date: 5? N 19'24'25" E 87.07' N 07'23'17" E 38.63' N 67'15'14" E 16.98' \ N.W. CORNER OF THE WREN, A :ONDOMINIUM PROJECT \2 �6 , , �� S� R = 164.91' A = 93'24'19" L = 268.84' CH = N Cl7'.,%R117" W ')An nn' N 54'05'59" W 71.45' Stan Hogfeld Colorado P.L.S. 26598 S 87'48'38" E 47.25' ALPINE GARDEN PARCEL .SIX S 78'13'55" W 63.50' / 5 �i 0 �g FORD AMPHITHEATER / PARCEL 3 CO _CO SCALE: 1" 100' POINT OF EXHIBIT "A" BEGINNING 11/4/2014 RCEL A 2,514 AC, INCLUDES PARCEL C) 0,021 Lo 88@20!36"E 139.41 , 'A 4-- 9122109�� c-,-- I INEVNIM LOCATOR FOR LARGE SCALE MAP /DRAWING REPLACE THIS PAGE WHEN LARGE SCALE SCAN I S ENTERED ORIGINAL IN FILE AT TOWN OF VAIL CLERKS OFFICE 11/4/2014 Betty Ford Alpine Garden Family Education Center Operational Plan Revised June 30, 2014 PROPOSED USES The Education Center will become the heart of Betty Ford Alpine Gardens. Its primary use is as an education facility or interpretive center where periodically changing displays will educate the public about the importance of plants. It will also serve as a place for adult and children's workshops. The alpine house is intended to be a `glasshouse' that will display plants on a year - round basis in a miniature mountain landscape. The rear or underground section of the building comprises the main working area and access to the botanical resources of the Gardens. There will be a herbarium (collection of dried plants on herbarium sheets), a resource library, volunteer and public workshop space, small workstations, one semi private work area and one small office /meeting space. PROGRAM OF SPACE The building is a modestly -sized facility, with an efficient building program. A small entry from West Betty Ford Way allows public access into the building, and leads to a small reception/ greeting desk. This area in turn is open to the Display/ Multi- Purpose Room — the primary educational space — which is comprised of three bays, one of which can be closed off to act as a Board Room. The entry also leads to the Alpine House, which is a glass - enclosed educational space for public viewing of alpine flora. The "buried" portion of the building houses an open area for BFAG employees and volunteers. This area is also open to the public as a resource for information, pressed flower catalogues, alpine foliage publications, and the like. A small kitchenette serves as both a break room for employees, and a catering kitchen for events within the Display Space. Back of house spaces include a mechanical closet, alpine garden workshop, and storage shed. Exterior spaces include a preconvene terrace at the main level, an upper level roof terrace, and an outdoor work area for staff. A colored floor plan has been provided to delineate the proposed uses within the facility. Concern was previously expressed by the PEC regarding the possibility of weddings taking place at the proposed Education Center. As a point of clarification, we want to make it clear that the proposed Education Center is not intended to host wedding events. Historically, weddings have occurred within the Betty Ford Alpine Gardens and we would intend to continue to host small, outdoor wedding events in the future. In prior discussions, we have suggested that the partially covered rooftop deck could provide temporary shelter from the rain to patrons of the park and of the gardens, including those who might be gathered in the gardens for a wedding event. RENTAL OF THE FACILITY TO THIRD PARTIES Concern was previously expressed by the PEC regarding the possibility that the proposed Education Center might be rented out to third parties. As a point of clarification, we want to make it clear that the `business plan' for the proposed Education Center does not rely on or contemplate revenue to be derived from third party rentals. However, we would prefer to leave the door open to the possibility that an appropriately affiliated group might host a small event in 11/4/2014 the facility at times that would not conflict with the operation of the gardens. By `appropriately affiliated group' we mean other non - profits, major donors to the BFAG, and possibly corporate groups seeking a unique location to host a small gathering. These alternative uses would only occur after the normal business hours of the Education Center. The number of occupants would be modest and in keeping with the occupant load prescribed by applicable building codes. We anticipate that these groups would utilize the `multi - purpose display space' and `the rooftop deck' for any such events, which together will have an occupant limit of 180 people according to the Building Official. BUILDING MATERIALS (SUSTAINABILITY The building materials for the Education Center are complementary to those used within Ford Park and to the recently- constructed facilities there, and have been selected for durability and their sustainable characteristics. The materials include Colorado stone veneer to make the building appear as if it has "grown" out of its hillside site, and boulders engaged into the stone veneer and the concrete retaining walls to reinforce this notion. Exposed glu -lam beams and columns (considered sustainable lumber) express the primary structure for the building, and help support a "living" roof" over the Display Area. The front and side of the building are primarily high- efficiency glass, since those elevations house the Display Space and the Alpine House, where expanses of glass are desirable and appropriate. There is a limited amount of wood siding on the building, which is proposed to be beetle -kill pine, or another sustainable material. The soffits for the roofs will also be wood, mostly likely pine. The roof terrace will be colored pavers over the waterproofed deck. The species and products proposed for exterior materials are summarized on the Exterior Elevation Sheets provided to Staff. EXTERIOR LIGHTING /REFLECTIVE MATERIALS The revised submittal from Zehren and Associates includes cut sheets of the proposed exterior light fixtures, which will meet the `dark sky' requirements of the TOV. Information about the possible `light tube' elements has also been provided. We do not anticipate any glare will be generated from the light tubes. Glazing on the `Alpine House' will be tinted and will be designed to minimize the possibility of glare, as viewed from any off -site location. The proposed hours of operation generally coincide with daytime conditions both winter and summer. Minimal overnight lighting within and around the facility may be desirable for security reasons, however under no circumstances would the overnight lighting of the proposed facility be brighter than the recently installed light fixtures along Betty Ford Way. GENERAL ACCESS There are multiple access routes through Ford Park to the proposed site of the Betty Ford Alpine Gardens Education Center. The Ford Park 2013 Master Plan contemplates that the primary source of parking for Ford Park will be in the Village Parking Structure. A limited number of parking spaces are generally available at the northeast corner of the Park as well as across Vail Valley Drive, just east of Northwoods Condominiums. Patrons are also encouraged to arrive by bus, either from Golden Peak or from the bus stop near the east parking lot. Pedestrians can flow into the park from the south along Vail Valley Drive and across the Nature Center Bridge, from the west across the Manor Vail Bridge, from the northwest along the walkway from the parking structure and down West Betty Ford Way, from the northeast either 11/4/2014 down East Betty Ford Way or through the Tennis / Recreation Center area along existing paved pathways. Additionally, there are pathways through the existing Betty Ford Alpine Gardens and along Gore Creek from the west. ADA ACCESSIBILITY Federal law does not require that every available route be accessible, but that an accessible route is made available from accessible parking facilities. A Ford Park Accessible Route Map was prepared by Logan Simpson Design for the Town of Vail in conjunction with the Ford Park Improvements (Phase 1). The map is included with this submittal package. As indicated, Ford Park does not currently have a continuous, accessible route between the upper bench and lower bench that meets ADA guidelines. We understand that the Town is working to improve this condition, but it will not be in the scope of the Betty Ford Alpine Gardens Education Center to resolve accessibility issues outside the proposed building envelope limits. Per Town of Vail staff, accessible parking is available at Golden Peak and Manor Vail to the west of Ford Park and from the soccer field parking lot south of Ford Park. From those locations, accessible routes are provided along Vail Valley Drive, across the Nature Center Bridge south of the Gerald R. Ford Amphitheater, and via the Manor Vail Bridge to Betty Ford Way to the proposed site of the Education Center. Two van accessible spaces are available near the Amphitheater with appropriate routes between those spaces and the proposed Education Center. The proposed Education Center is anticipated to include two floors (the main level and the rooftop deck) but without an internal elevator. Therefore, the accessible route between floors will be accomplished by reconstructing the existing concrete path from Betty Ford Way, past the playground restrooms, around the west end of the basketball court, and match into the existing walk north of the basketball court. A connection will be provided from the second floor to the reconstructed concrete walk. We have attached a site plan indicating the proposed solution, which eliminates the hopscotch area, but preserves the basketball court. This revised layout has been suggested and endorsed by Public Works staff. In summary, the proposed Betty Ford Alpine Gardens Education Center is on an existing accessible route from marked, accessible parking. Additionally, an accessible route will be provided between the first and second floors. SAFETY Safety within Ford Park is the responsibility of the TOV, the VRD as well as leaseholders within the park. The potential risk of injury due to an errant softball getting beyond the perimeter fence along the western edge of the recreation fields has been considered by the TOV and VRD. As such, the height of the perimeter fence has been increased from 12' to 20' in an effort to mitigate the concern and to enhance safety in this vicinity of the park. We have discussed the situation with Dave Tanner of Tanner Consulting Group. He has shared some valuable information regarding ball flight characteristics. Our conclusion is that, while it is conceivable that a soft ball could be hit over the 20' high perimeter fence and it is physically possible that a ball could land on the proposed site of the Betty Ford Alpine Gardens Education Center, it is unlikely. 11/4/2014 The PEC has expressed concern for the safety of patrons of the Education Center who might be situated on the proposed `rooftop deck', which is proximate to the perimeter fence of the recreation fields. We are proposing to cover the majority of the rooftop deck with fabric on a light frame or trellis to provide shade, protection from rain and to further mitigate the risk of an errant soft ball injuring someone on the proposed deck. PARKING (GENERATION AND PLAN The Betty Ford Alpine Gardens has historically drawn many visitors to the lower bench of Ford Park for decades. The proposed Education Center will not necessarily increase the number of visitors to the Betty Ford Alpine Gardens, but will certainly enhance the experience for visitors to Ford Park and to the gardens. The Ford Park 2013 Master Plan contemplates that the primary source of parking for Ford Park will be in the Village Parking Structure. A limited number of parking spaces are generally available for the public at the northeast corner of the Park as well as across Vail Valley Drive, just east of Northwoods Condominiums. Patrons are also encouraged to arrive by bus, either from Golden Peak or from the bus stop near the east parking lot. The Gardens currently enjoys the year -round use of two (2) reserved spaces in the parking lot on the east end of the upper bench of Ford Park for its staff parking. Additional staff members utilize the free parking in the east lot or town structure during the summer months. We are proposing that the BFAG staff will continue to purchase 3 — 4 additional `pink passes' for the east lot each winter season as they have historically. FIRE FLOW (AVAILABILITY/ DEMAND Per Zehren and Associates, the proposed Betty Ford Alpine Gardens Education Center is anticipated to be Construction Type V -B with an estimated 3,100 square feet of internal floor space. Per Appendix B of the International Fire Code, this warrants a fire flow demand of 1,500 gallons per minute (GPM) at 20 pounds per square inch (psi) of residual pressure. There are presently two fire hydrants on the lower bench of Ford Park — both at the end of the existing dead -end water mains. The fire hydrant south of the Amphitheater was last observed to provide 1,915 GPM at 120 psi residual pressure. The fire hydrant south of the playground restrooms was last observed to provide 1,840 GPM at 120 psi residual pressure. The Water District wants the water system to be looped through the park for a variety of reasons. The Water District has indicated that they will not permit another tap to the current system unless the water loop is completed through the park. Our civil engineer, Justin with Martin /Martin, has confirmed that the current `dead end' water main can provide adequate fire flow for our proposed facility without modification. Greg Hall has indicated that the TOV intends to fund the completion the water loop in conjunction with the construction of the Education Center. 11/4/2014 ON -SITE RESTROOMS FOR ON -SITE ACTIVITIES We do not intend to rely on any restrooms outside of our facility to meet the needs of the occupants of our facility. The parameters regarding the capacity of events at the proposed Education Center are prescribed by the building code. The building code provides guidance as to how many toilet and lavatory fixtures are required, based on the size of the building and the proposed uses within the building. The Chief Building Official for the TOV has determined that, if we add one additional toilet to the women's restroom and one urinal in the Men's restroom, we would be in compliance with all applicable codes. Therefore, we will amend our proposal to include two fixtures in each of the restrooms. DELIVERIES UPS and Fed Ex will not deliver packages to a drop box. Recognizing that it is important to minimize vehicular trips through Ford Park, we propose that US mail will be delivered to a drop box to be located in the vicinity of the Tennis Center. UPS and FedEx will continue to deliver to the BFAG gift shop in Vail Village. Mail and other packages will be transported to the Education Center as necessary by BFAG staff. We will strive to minimize additional traffic in the lower bench of Ford Park as a result of the proposed Education Center in accordance with the 2013 Ford Park Master Plan. WTr 11/4/2014 Rev. 3/2012 FirstBank 17 Vail Read, Vail, CO 81657 October 1, 2014 Betty Ford Alpine Gardens dba Alpine Treasures 183 E Gore Creek Dr Suite 7 Vail, CO 81657 RE: ft Deed of Trust Betty Ford Alpine Gardens The Education Center Vail, CO 81557 Dear Nicola Ripley: FirstBank is pleased to extend to Betty Ford Alpine Gardens this Letter of Loan Commitment for a construction loan on the project known as The Education Center for Betty Ford Alpine Gardens. This Letter is subject to the following terms and conditions: GENERAL TERMS Borrower: Betty Ford Alpine Gardens Guarantor(s): n/a Collateral: 1st Deed of Trust The Education Center Vail, CO 81557 Loan Amount: The loan amount will not exceed the lessor of 55% of the as complete value, or 55% of the total allowable project costs. 11/4/2014 Page 1 of 3 Loan Terms: Monthly interest only payments with accrued interest and principal due upon a maturity of 12 months. Current Interest Rate: The rate will be variable at Wall Street Journal Prime + 1.00% with a 4.25% rate floor. Current Index (Changes Monthly): The current index for your loan is 3.25% as of the 1st day of October, 2014. The index can change monthly. Margin: The margin for your loan is 1.00%. Loan Fee: 1.00% of the loan amount Deposits: The Borrower and or related parties will maintain primary banking accounts with the Bank. Expenses: In addition to the above loan fee, Borrower shall be responsible for payment of all reasonable costs including, but not limited to: appraisal, title insurance, environmental investigation /insurance, filing fees, third - party inspection fees and survey. Assuming Bank's standard loan documents are used, attorney's fees are not anticipated. Documentation Requirements: The following will be required prior to closing: 1. Acceptable appraisal 2. Operating agreements for all borrowing entities 3, Any other documents reasonably required by Bank or its legal counsel OTHER CONDITIONS Project Equity: Prior to loan closing all equity must be in the project or transferred to a FirstBank account. The Bank's obligation to make advances under the loan, which is the subject of this Letter of Loan Commitment, shall be based upon the Bank's determination, in its sole and absolute discretion, of the financial condition of the Borrower and guarantor(s) at the time any advance is requested by the Borrower. This commitment letter shall survive the loan closing. if any terms of this commitment letter conflict with the terms of the loan documents, the loan documents shall govern. This Letter of Loan Commitment is not assignable and must be executed and delivered to the Bank by October 10, 2014. The loan must close by December 31, 2014. If the terms outlined are acceptable, please sign below. The information contained in this Letter of Loan Commitment is confidential and is intended for the express use of Betty Ford Alpine Gardens and FirstBank. Please contact me directly at 970 - 479 -3301 with any questions. Thank you very much for providing FirstBank the opportunity to participate in this project. Rev. 3/2412 11/4/2014 Page 2 of 3 Sincerely, Kyle Diebel Assistant Vice President APPROVED AND ACCEPTED by me this _ day of , BY: Betty Ford Alpine Gardens Rev. 3/2412 11/4/2014 Page 3 of 3 '1r1133/1a Betty Ford Alpine Gardens �� ( s accrual Basis Balance Sheet As of September 30, 2014 Sep 30,14 Sep 30,13 $ Change % Change 4SSETS Current Assets Checking /Savings 101 - Unrestricted Funds Paypal 105 - Petty Cash 105.5 - Gift Shop Cash 105 - Petty Cash - Other Total 105 - Petty Cash 106 - Total Checking ( for reconcile) 107 - Unrestricted Checking 107.1 - Transfer frm Bd Designated Fund 107 - Unrestricted Checking - Other Total 107 - Unrestricted Checking Total 106 - Total Checking ( for reconcile) Total 101 - Unrestricted Funds 120 - Temporarily Restricted Funds 122 - Temp Restricted Checking 122.8 - Education Center Funds- Temp Re Total 122 • Temp Restricted Checking 126 - Temp. Restricted Savings 126.3 - Diversity ICS Acct 337 126.5 - T. Rest Svings- Bldg Acct Total 120 - Temporarily Restricted Funds 160 - Restricted Funds 165 - Restricted Endowment 165.0 - Permanently Rest. Endowment 165.5 • Board Designated Fund 165.6 - Endowment Appreciation Fund Total 165 - Restricted Endowment Total 160 - Restricted Funds Total Checking /Savings Accounts Receivable Pledges Receivable Temp. Restricted Pledges Total Pledges Receivable 121.95 0.00 121.95 100.0% 433.00 572.11 - 139.11 - 24.32% 100.00 100.00 0.00 0.0% 533.00 672.11 - 139.11 -20.7% 0.00 39,892.64 - 39,892.64 - 100.0% 155,767.23 118,015.72 37,751.51 31.99% 155,767.23 157,908.36 - 2,141.13 -1.36% 155,767.23 157,908.36 - 2,141.13 -1.36% 156,422.18 158,580.47 - 2,158.29 -1.36% 79,367.46 12,787.34 66,580.12 520.67% 79,367.46 12,787.34 66,580.12 520.67% 225,015.24 0.00 225,015.24 100.0% 1,064,743.28 0.00 1,064,743.28 100.0% 25,000.00 0.00 25,000.00 100.0% 1,394,125.98 12,787.34 1,381,338.64 10,802.39% 416,834.00 291,350.83 125,483.17 43.07% 76,030.96 50,482.27 25,548.69 50.61% 0.00 79,827.89 - 79,827.89 - 100.0% 492,864.96 421,660.99 71,203.97 16.89% 492,864.96 421,660.99 71,203.97 16.89% 2,043,413.12 593,028.80 1,450,384.32 244.57% 108,500.00 0.00 108,500.00 100.0% 108,500.00 0.00 108,500.00 100.0% Page 1 of 3 11:54 AM Betty Ford Alpine Gardens 10/13/14 Accrual Basis Balance Sheet 4 As of September 30, 2014 1200 Accounts Receivable Total Accounts Receivable Other Current Assets 174.5 • Prepaid Expenses 173 • Gift Shop Inventory 173.2 • School House Inventory 173 • Gift Shop Inventory - Other Total 173 • Gift Shop Inventory Total Other Current Assets Total Current Assets Fixed Assets 175 • Long Tenn Assets 177 • Mountain Perrennial Garden 178 • Meditation Garden 179 • Alpine Rock Garden 182 • Schoolhouse, Plaza, Childrens 185 • Library 186 • Himilayan Garden 190 • Interpretation /Displays 191 • Education Center 192 • Village Gift Shop 194 • Website 195 • Office /Computer Equipment 196 • Accumulated Depreciation Total Fixed Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 2000 • Accounts Payable Total Accounts Payable Credit Cards 1st Bank Visa Total Credit Cards Other Current Liabilities Gift Certificates Sep 30,14 Sep 30,13 $ Change % Change 0.00 2,332.01 - 2,332.01 0.00 50,102.53 - 50,102.53 - 100.0% 108,500.00 50,102.53 58,397.47 116.56% 0.00 2,332.01 - 2,332.01 - 100.0% 8,110.07 18,588.91 - 10,478.84 - 56.37% 121,723.94 93,676.42 28,047.52 29.94% 129, 834.01 112, 265.33 17, 568.68 15.65% 129,834.01 114,597.34 15,236.67 13.3% 2,281,747.13 757,728.67 1,524,018.46 201.13% 2,589.00 1,316.00 1,273.00 96.73% 254,006.37 254,006.37 0.00 0.0% 145,061.42 145,061.42 0.00 0.0% 1,040,384.38 1,040,384.38 0.00 0.0% 1,071,842.20 1,071,842.20 0.00 0.0% 2,440.97 2,440.97 0.00 0.0% 3,048.47 3,048.47 0.00 0.0% 89,577.13 89,577.13 0.00 0.0% 209,720.71 64,712.66 145,008.05 224.08% 16,381.72 16,381.72 0.00 0.0% 9,348.00 9,348.00 0.00 0.0% 55,895.33 55,895.33 0.00 0.0% - 891,823.00 - 891,823.00 0.00 0.0% 2,008,472.70 1,862,191.65 146,281.05 7.86% 4,290,219.83 2,619,920.32 1,670,299.51 63.75% 29,893.59 27,413.81 2,479.78 9.05% 29,893.59 27,413.81 2,479.78 9.05% 207.73 1,554.08 - 1,346.35 - 86.63% 207.73 1,554.08 - 1,346.35 - 86.63% 219.26 14.19 205.07 1,445.17% Page 2 of 3 n:54 AM " 3114 l�ccrual Basis 209.1 • Loan From Board Member 209.3 • Loan from Deane Hall Total 209.1 • Loan From Board Member 210 • Payroll Liabilities 210.2 • Co Unemployment 210.4 • Federal Liabilities 210.5 • CO Liabilities 210.6 • Simple Liabilities 210.8 • Child Care Liability Total 210 • Payroll Liabilities 2200 • Sales Tax Payable 230A • Accrued Vacation Payable 230B • Accrued Payroll Total Other Current Liabilities Total Current Liabilities Total Liabilities Equity 290.1 • Unrestricted Net Assets 290.2 • Temporarily Restricted Net Asse 290.3 • Permanently Restricted Net Asse Net Income Total Equity I TOTAL LIABILITIES & EQUITY Betty Ford Alpine Gardens Balance Sheet As of September 30, 2014 Sep 30,14 Sep 30,13 $ Change % Change 3,854.86 3,378.62 476.24 0.00 27,000.00 - 27,000.00 - 100.0% 0.00 27,000.00 - 27,000.00 - 100.0% 3,854.86 3,378.62 476.24 14.1% 2,623.76 5,699.26 - 3,075.50 - 53.96% 660.00 571.00 89.00 15.59% 2,644.71 1,347.55 1,297.16 96.26% 328.29 303.25 25.04 8.26% 10,111.62 11,299.68 - 1,188.06 - 10.51% 3,455.76 4,211.16 - 755.40 - 17.94% 5,977.17 5,977.17 0.00 0.0% 8,804.93 5,782.43 3,022.50 52.27% 28,568.74 54,284.63 - 25,715.89 - 47.37% 58,670.06 83,252.52 - 24,582.46 - 29.53% 58,670.06 83,252.52 - 24,582.46 - 29.53% 725,739.69 1,908,259.39 - 1,182,519.70 - 61.97% 1,519,577.28 157,434.00 1,362,143.28 865.22% 291,350.83 291,350.83 0.00 0.0% 1,694,881.97 179,623.58 1,515,258.39 843.57% 4,231,549.77 2,536,667.80 1,694,881.97 66.82% 4,290,219.83 2,619,920.32 1,670,299.51 63.75% Page 3 of 3 George Ruther From: Jack Hunn <jack @hunnconsultinggroup.com> Sent: Thursday, October 30, 2014 3:00 PM To: George Ruther Subject: BFAG Fund Raising Status Attachments: Sep 14 Balance Sheet.xlsx George, Here is some additional information from Nicola regarding the finances of th BFAG organization. Feel free to include any of this information in the Council acket. C �� Jack Hunn, President Hunn Consulting Group, LLC (970) 390 -4537 From: nicola (dbettyfordalpinepardens.org fmailto: nicolaCabbgWordalpinegardens .org] Sent: Monday, October 27, 2014 12:47 PM To: Jack Hunn Subject: BFAG budget (Please forward this email if you think it a sufficient explanation) Please find attached our Bank Commitment letter, BFAG balance sheet and preliminary budget. Funds raised to date including verbal commitments $2,006,372.87 Funds raised to date (including $109,000 in written pledges) $1,714,172.00 This is shown on the balance sheet: 122.8 Funds in First Bank Checking $79,367.46 126 Funds in COBIZ Bank $1,314,758.50 Total Cash $1,394,125.98 Pledges legal, written $108,500.00 Company matches $11,500.00 Total (pledges plus cash) $1,514125.98 Spent to Date $178,755.49 Balance of project (approximated) $3,321,000 Bank commitment $1,925,000 (or 55% of project cost) BFAG raised to date $1,714,172.00 (plus $292,000 in verbal pledges) Funds available $3,639,172.00 Project budget $3,500,000 including almost $500,000 in owners contingency. Nicola Ripley Executive Director Betty Ford Alpine Gardens 183 Gore Creek Drive, Suite 7 Vail, CO 81657 (970) 476 -0103 p (970) 476 -1685 f DENS VAI CS ALMN L TIUASU 4 "Celebrating the beauty and diversity of alpine flora" CIwM6MwWe s \` r mmPmWwWti �owut R uoclrD _ ailY!d� K 1YWI IuYID d NOTES, `OV1I OF y +�( e. Lt. lnc�o�A, .ore, mrvct�m1ar m� !YL Ariu t w ra.AwY M low PA+ai < �wowo�io ooW�om A M lm .o mrmaewt v w!! .oiorslna• uool awtw� 1 � a M IAwEpnf P wL !O w�C fMOY A0 t�M Y41O�dMt � i�.i 4+� �Lw�wi*. ra�"d�Yllm� w°v`ol. •�°am�.�alre iG0)� IaMYwP rlt M ®R YCl OY®ff ImOOpMIOO PwWl otLt� a Y M mi(a�iert.aoP' rc a a L rw�onLA�wlo oar nalWtw..o is lm ww,r o�wm w amnm� wr`!Oi Alaarti�rem°G ro w0°�''°mr� b e.oKa a rvc� m ro wmr +�Wwa ' .�[wa�mva ¢ own¢ a vi+l a � a�i•¢ �w�rp.�Y�j a T. lViNI � YiIO lYtl Y � N wfo W S MbB BII .. ®.," L mlllLM1YI iKl tlYl YL D•IY..a ,Wlm .IwYa iL! aal[ .. R4L Q W Yal'it ww otz L A1mIYM1 tOwa ! .e fAtL �� �MI1Y O�M.� b wN1�O ib wWOtl.� W Y1gM manP6mOnP1 wW� WlY a fur �LL t M. ®w � Nn�6 !u —811 . --. o..e s ua�aW'.aa rwla +um Pwlu/IYwIN .rrD IO OtYllry A URtw �loLL M`MIIOw.��lLLwtl!1 {�of M U1i`IK <Yt M olnoclTPP�i00A1111 W� �VI M MIWVt �w t �� r A0A trwtr.aA��WO�wo rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 4, 2014 ITEM /TOPIC: 1 -70 Vail Underpass Update and Noise Assessment PRESENTER(S): Tom Kassmel, Public Works Engineer ACTION REQUESTED OF COUNCIL: Listen to the presentation and ask any questions with regards to the project. BACKGROUND: The 1 -70 Vail Underpass is a proposed new multimodal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under I- 70. CDOT, the Town of Vail, and the selected design consultant, Felsburg, Holt & Ullevig (FHU), have begun the preliminary design process based on the endorsed preferred location of the underpass. The purpose of tonight's meeting is to provide an update of the design progress, provide the summary results of the Traffic Noise Impact & Assessment, and outline the process for consideration of noise walls. STAFF RECOMMENDATION: Listen to the presentation and ask any questions with regards to the project. ATTACHMENTS: Memo 170 Noise Presentation Noise Study Summary 11/4/2014 IN ► ► 1 qVA1 Memorandum To: From: Date: Subject Town Council Public Works Department 11 -4 -14 1 -70 Vail Underpass Project Design & Noise Assessment Update BACKGROUND & REVIEW The 1 -70 Vail Underpass is a proposed new multimodal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under 1 -70. This underpass has been identified in the Vail Transportation Master Plan (VTMP) and the CDOT 1 -70 Programmatic Environmental Impact Statement (PEIS) as a critical link between the North and South Frontage Road. The Town and CDOT have recently entered into a Letter of Commitment and an Inter - Governmental Agreement (IGA) to jointly fund the design and construction of this project with an expected completion date of December of 2017. CDOT, the Town of Vail, and the selected design consultant, Felsburg, Holt & Ullevig (FHU), have begun the preliminary design process based on the endorsed preferred location of the underpass. For reference each of the past Town Council presentations and Council meeting video links along with additional project information is available at the project website at www.vailgov.com /underpass At the last Town Council meeting on August 19th the design team provided a design update to the Council highlighting the changes to the 1 -70 Underpass design since the endorsement of the preferred conceptual location on May 6th. The highlights at that time included; • North Roundabout remained at the preferred west location, previously identified in May as "Compact Roundabout — Location 1" • North Roundabout increased in size slightly from 107.5' to 110' in diameter, the majority of the additional couple of feet was pushed towards the interstate. • South Roundabout moved approximately 100' to the west and decreased from 130' to 110' in diameter; this reduces the underpass skew from 27 degrees to 7 degrees, a desirable design consideration. The above changes provided safety and traffic operation improvements resulting in slower entrance vehicle speeds meeting the CDOT /FHWA roundabout design guidelines. The changes also allow all truck types to make all turning movements with the use of truck aprons within and outside of the roundabout. 11/4/2014 After Council discussion at the August 19th Council meeting, staff was directed to continue with the design as presented paying specific attention to the mitigation of impacts to adjacent neighbors and to request a variance from FHWA to restrict trucks larger than WB -50's or 60' in length from using the underpass. The purpose of this Council session is to provide the Council and public with a design update and provide the summary results of the draft Traffic Noise Impact & Assessment report recently completed, and to more specifically discuss the process and schedule for consideration of noise walls. II. DESIGN PROGRESSION Since the August 19th Council meeting the design team has been moving forward with preliminary design and the environmental assessment. The design has progressed to an approximate 30% design level and will continue to progress over the next six months in an effort to complete the final design by spring of 2015. More specifically the following items have progressed; • The Town has met with FHWA and the Colorado Motor Carrier Association with regards to the truck restriction and is awaiting final feedback from the CMCA. • Initial comments have been received from FHWA, CDOT and Town of Vail technical groups on the 30% preliminary design • Edward Kraemer & Sons has been selected for pre- construction services • Utility Potholing is complete and discussions with individual utility companies have begun with regards to utility relocation and design • Soil Borings are complete and the draft Geotechnical Report has been issued for review • Structural Selection analysis for the bridge structure and retaining wall design has recently begun • Environmental Assessment • Letter of Concurrence for a Categorical Exclusion for the project has been submitted to FHWA Assessment Clearance • Final Wetland determination is in progress and will be finalized once final disturbance limits are defined • Final Historical, Archeological, & Paleontology determination is in progress • Right of Way and Property impacts are in progress ROW acquisition process is on hold until final limits of disturbances are determined • Noise Analysis; Traffic Noise Impact & Assessment Report is under final review (See below) III. TRAFFIC NOISE IMPACT & ASSESSMENT FHU has completed the draft Traffic Noise Impact & Assessment in accordance with Federal and State laws and guidelines. Based on their findings, noise impacts were identified and the construction of noise walls to abate traffic noise has been found to be Town of Vail 11/4/2014 Page 2 reasonable and feasible, pending the results of a survey of the benefiting noise receptors. If found acceptable by a majority of the benefitting noise receptors the recommended noise mitigation is to construct an approximately 3,400 foot long wall with an average height of 14 feet along the north side of the Interstate beginning at the main entrance to Timber Ridge (bus stop location) and continuing east just past Red Sandstone Road. Further design and optimization of the wall will be needed after the survey and public involvement, which will determine the final length and height. The process to determine if this project will include noise walls will consist of small group meetings with the benefiting receptors, a public open house, and a final survey of the benefiting receptors occurring in January of 2015. A summary of the noise analysis findings and an explanation of the process can be found in the attached 1 -70 Noise Summary, along with the more detailed report which will be available at the project website, within the near future. IV. NEXT STEPS The design team will continue to move forward with the design and the environmental analysis to more thoroughly vet the design solution, including but not limited to; • Further refining the horizontal and vertical design; finding the `best fit' design with emphasis on reducing encroachment and impacts on private property, Gore Creek, and mitigating visual impacts. • Structural selection for bridges and retaining walls. Taking into account structural needs, impacts, aesthetics, and wall heights. • Project mitigation measures for adjacent properties and other sensitive areas such as wetlands and Gore Creek in close proximity to the proposed project related to environmental impacts, including Visibility, Noise, Aesthetics, Landscaping, Lighting, Air and Water Quality. • A 3D interactive rendering will be prepared and presented to the public at a future Town Council meeting and an anticipated Open house this December. This model will allow the public to visualize the underpass and its impacts. It is important to note that this design process is iterative, dynamic, and will continue to evolve as each design element and component is analyzed. The design team will analyze each design element in accordance with best engineering practices and required design standards to develop a final project that meets the projects goals and that will be safe and operational for years to come. As we continue through the process the design team will continue to update and receive input from the Town Council and the Community on the projects progress and any notable changes. Town of Vail 11/4/2014 Page 3 V. PROJECT PROGRESS SCHEDULE It is critical to the success of this project and its completion by the end of 2017 that we stay on schedule. This project is complex and has numerous entities and stakeholders that need to complete a thorough review; the remaining 16 -18 months of design and property acquisition may seem like a substantial amount of time now, however it is highly compressed. As we continue through this collaborative process the following is a list of key design milestones and more formal public input opportunities anticipated to occur during the design process. As this process is dynamic these dates will fluctuate as the project develops; November 2014 Town Council (Design Update & Noise Assessment Results) December 2014 Open House (Update, Noise Assessment & 3D Model) January /Feb 2014 Town Council (Design Update & Noise Survey Results) April 2015 Town Council Update (Final Design Complete) April 2015 Open House (Final Design) April 2015 -Jan. 2016 Right of Way plans and property acquisition process January 2016 Final Environmental Clearance (FHWA) March -April 2016 Construction Documents, Bid & Award, Open House May 2016 -Dec. 2017 Construction As the project progresses public input will be taken continuously through the project website at www.vailgov.com /underpass and through specific stakeholder meetings and correspondence. VI. STAFF RECOMMENDATION Staff recommends that Council listen to the presentation and ask questions with regards to the project. VII. ATTACHMENTS Presentation 1 -70 Noise Study Summary - Draft Town of Vail 11/4/2014 Page 4 N O COLORADO Department of Transportation TOWN OF I -70 Vail Underpass Project Update • 30% design FIR meeting held September 15t" o Input received from FHWA, CDOT and TOV • Large truck update o Town met with FHWA and Colorado Motor Carrier Association, awaiting final feedback from CMCA • CDOT and TOV selected Edward Kraemer & Sons as the Construction Management General Contractor for the project • Additional soil borings and potholing to locate utilities • Structure selection for walls and bridges has begun MMIA FELSBURG HOLT ULLEVIG 1=70 Vail Underpass 4� COLORADO TOWN OF VtAl FIR Layout-September 2014 COLORADO Department of Transportation TOWN OF 1-70 Vail Underpass Project Update • Environmental Analysis N o Letter of Concurrence for a Categorical Exclusion 0 submitted to FHWA o Wetland determination, historical, archeological and paleontology determinations are in progress • Right of Way impacts determination has begun • Noise analysis report under final review COLORADO Department of Transportation TOWN OF 1-70 Vail Underpass Noise Study Update Previous Council Briefings: • NEPA process briefing in March • Noted in July and August next steps Current Status: • Analysis completed, report in final review • Project Leadership Team updates • Outreach to property owners initiated COLORADO Department of Transportation TOWN OF Noise Analysis Items Completed • Detailed noise model based on project design • Noise evaluation per CDOT and FHWA policies • Noise abatement alternatives were A considered • Report in review by CDOT N O M COLORADO Department of Transportation TOWN OF Noise Analysis Items Pending • Release noise report — November • Public outreach o Simba Run HOA— November 2 • Other condominium associations, etc. — Nov. /Dec. • Public open house — December 18 • Complete noise barrier survey — January • Decision on noise barrier — February COLORADO Department of Transportation TOWN OF CDOT Noise Analysis Process • Analysis required for Type I projects e.g., major modifications or new roads • Noise sensitive receptors must be present • Evaluate for noise impacts in study area • If any impacts, evaluate noise abatement • If noise abatement measures are feasible and reasonable, include abatement in project N O COLORADO Department of Transportation TOWN OF 2014 Measurement Results N O COLORADO • Department of Transportation TOWN OF VAli: Preferred Alternative -2040 Impacts COLORADO Department of Transportation TOWN OF Vail Noise Environment • I -70 is the predominant noise source • Noise impacts in the study area from 1 -70 N traffic, not the new underpass 0 A • Traffic noise has been ongoing and much discussed subject in Vail COLORADO Department of Transportation TOWN OF Noise Abatement Decision Process • Abatement must be considered for all floors that are exposed to project noise source and have outdoor use (e.g., balcony) N O Shared recreation areas are included • Examine barriers and other abatement options • Abatement must be feasible and reasonable COLORADO Department of Transportation TOWN OF Requirements for Feasibility • Must achieve 5 decibel (dB) reduction • Must be constructible within normal N engineering standards O • Cannot exceed 20 ft height • No "fatal" maintenance, safety or critical environmental issues COLORADO Department of Transportation TOWN OF Requirements for Reasonableness • Achieve 7 dB minimum design goal reduction • Cost benefit index less than A $6,800 /receptor /dB • Supported by more than 50% of benefitting receptors responding O U, COLORADO Department of Transportation Barrier Alienmen 4 4 , K, L,ft Sic( .0t TOWN OF is Evaluated N O ul COLORADO Department of Transportation TOWN OF A 1• ■ /I r% • 1 1 • 1 ■ N O M COLORADO Department of Transportation TOWN OF Noise Barrier Findings • Alignment 1 (I -70) is feasible &reasonable • Alignment 2 is not feasible &reasonable • Alignment 1 is recommended • Must still survey benefitting receptors /owners N O ul COLORADO Department of Transportation TOWN OF Noise Benefits from Barrier COLORADO Department of Transportation TOWN OF Noise Barrier Survey Plan • Outreach in November /December to provide information, confirm owners and residents • Survey of benefitting owners and residents to be completed in January • Decision on noise mitigation based on survey results (greater than 50% support needed) COLORADO Department of Transportation TOWN OF Barrier Preference Survey • Specific units with outdoor use areas (patios and balconies) in: o Savoy Villas, Simba Run, Vail Run, Breakaway West, Snow Fox, Telemark complexes o Timber Ridge redevelopment • Property owners and residents of benefittin� units participate COLORADO Department of Transportation TOWN OF Barrier Preference Survey • Two votes per unit (owner and resident) —if owner - occupied, owner casts both votes • Survey by mail with three week response time • Noise wall included in project if supported by greater than 50% of responding benefitted receptors COLORADO Department of Transportation TOWN OF Noise Barrier Materials • CDOT typically provides concrete post and panel walls with aesthetic texture & coloring • Other CDOT- approved materials may be considered, such as clear /acrylic or aluminum • Acrylic may be 2 -3 times the cost of concrete • Municipality typically responsible for any added barrier costs N O M COLORADO Department of Transportation TOWN OF Estimated Barrier Costs • Must use $45 /sq. ft. for barrier analysis to determine reasonableness; NOT an estimate of actual construction cost • $60 /sq. ft. more typical constructed cost (precast concrete panel wall) • $3 -4 Million for concrete barrier • Noise barrier was not included in RAMP project budget COLORADO Department of Transportation TOWN OF Special Noise Barrier Tops • Special tops to barriers have been developed: curves, "T"I "Y ", bulbs, etc. • Goal typically is to improve noise reduction for the same height wall or for retrofits • Often cost of materials /installation for tops is more than a taller straight wall with similar performance N O COLORADO Department of Transportation TOWN OF VAf L Concrete Wall Panels — Dillon w N O COLORADO Department of Transportation TOWN OF Concrete Wall Panels Highway 9 - Summit County N O COLORADO Department of Transportation TOWN OF Concrete Wall Panels Highway 9 - Summit County N O COLORADO Department of Transportation TOWN OF VAf L! Concrete Wall Panels— Aurora N O M COLORADO Department of Transportation TOWN OF Concrete Wall Panels — Centennial AL L F COLORADO Department of Transportation TOWN OF VAI L. Concrete Wall Panels —I -25 � p O �.. LJ • t 'I .id U= .L I Lt N O COLORADO Department of Transportation TOWN OF Transparent Wall Panels — Alaska TOWN OF 1 -70 Vail Underpass Noise Study Summary - Draft kr va The Town of Vail and CDOT have completed a noise study for the proposed underpass under 1 -70 near Simba Run. The following addresses some general questions about the noise study, summarizes the findings of the noise study, and outlines the process the project team will follow to determine whether a noise wall will be included in the project. CDOT Noise Analysis and Abatement Guidelines Noise impacts and abatement are being considered because this project includes major road modifications. An analysis is required if noise receptors are present and the proposed project may impact those receptors. Q: What are noise receptors? A: CDOT identifies a number of activities or land uses and noise abatement criteria for these activities. Those that apply to this project include: — Residences — Active sport areas, trails, picnic areas, public meeting rooms and a variety of public and communal uses — Hotels, time -share resorts, restaurants and several other developed uses Q: How are these receptors considered? A: The evaluation location for these receptors is an exterior space that people frequently use and would include yards, decks, balconies, and outdoor recreation or communal areas. Each activity type is assigned a noise abatement criterion for projected noise levels. Q: What receptors have been identified for this project? A: Residential, recreational and commercial receptors have been identified in the project area on both the north and south side of 1 -70. Q: How does CDOT define a noise impact? A: A noise impact exists if one or both of the following would result from the project: — Noise level equals or exceeds the noise abatement criteria — Noise level would increase 10 decibels or more with project Q: How does CDOT decide to provide noise abatement? A: Abatement will be provided if it is feasible and reasonable. Feasible means that the abatement: — Must achieve at least a 5 decibel reduction in projected noise levels — Must be constructible within normal engineering standards — Walls cannot exceed 20 feet in height — Must meet maintenance, safety and critical environmental considerations Reasonable means that the abatement: — Achieves 7 decibel design goal reduction in projected noise levels — Meets cost benefit requirements based on the level of reduction per receptor Draft 10/29/14 11/4/2014 Page 1 of 3 TOWN OF VAIL – Is supported by more than 50% of the benefitting receptors —a benefitting receptor is any noise sensitive receptor that receives 5 decibels or more noise reduction from the abatement measure. Q: What other considerations go into the decision and design of the noise abatement? A: CDOT will follow the required process to determine feasibility and reasonableness. If it is determined that the project will include noise abatement, consideration will include the Town of Vail design standards; CSS Crest of the Rockies design guidelines; the cost, durability and maintainability of barrier materials; available space in the project area; stakeholder input; and other design opportunities and constraints. Summary of Analysis Findings A project noise analysis has been performed in accordance with FHWA and CDOT guidelines. Noise impacts were identified at properties north of 1 -70. No impacts were identified for properties south of 1 -70. Because noise impacts were identified in the study area, corresponding noise abatement measures were evaluated. An abatement measure was found to be feasible and reasonable and has been recommended for the project. The abatement is a barrier (noise wall) along the outside shoulder of westbound 1 -70 to address noise impacts north of 1 -70. The recommended barrier dimensions are approximately 3,400 feet long by 14 -15 feet tall. The barrier material has not been selected or recommended yet. One final step remains in determining whether the barrier will be included in the project; that is the results from an upcoming survey of the preferences of the property owners and residents that would benefit from the barrier (i.e.; the benefitting receptors). Timeline for Evaluating and Designing Noise Abatement The following timeline outlines the process the Town of Vail and CDOT will follow to provide information to the public, benefitting receptors, and other interested parties about the decision process and potential design for a noise wall on this project. The completed noise study (currently in final review) will be provided on the Town of Vail website. At this time, the project team has determined the general location for a proposed noise wall, including wall height and length, and the project area where there are potential benefitting receptors. Additional information on wall design, materials, landscaping and other features will be provided as it is developed through the design process. The team will work with benefitting property owners and residents to determine their preferences regarding the proposed wall. The following timeline shows the anticipated dates for community outreach, decisions regarding the inclusion of a noise wall in the project, and design - related decisions. Additional information will be made available on the Town of Vail website as it becomes available. Note: dates are subject to change November 2014 Meet with condominium complexes with benefitting noise receptors Develop optimized noise wall height and identify /evaluate material /aesthetic options Complete list of benefitting receptors (owners and residents) and conduct Initial Survey Draft 10/29/14 11/4/2014 Page 2 of 3 TOWN OF December 2014 Hold Open House 12/18— include noise wall concept and process Complete sufficient noise wall design details to support final preference survey Prepare information package and Final Survey materials for benefitting receptors, requesting 3 week return January 2015 Conduct Final Benefited Receptor Preference Survey — anticipate mail survey of property owners and residents with 3 -week response time Receive returned Final Surveys and tabulate results Final noise wall decision from Benefited Receptor Preference Survey Spring 2015 Complete final design, with or without noise wall depending on survey results Final design review meeting Draft 10/29/14 11/4/2014 Page 3 of 3 kr va rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 4, 2014 ITEM /TOPIC: First reading of Ordinance No. 16, Series 2014, 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, 2015 through December 31, 2015 PRESENTER(S): Kathleen Halloran, Assistant Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No, 16, Series 2014 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 16, Series 2014 ATTACHMENTS: TM Budget 11/4/2014 TOWN Of 0) VAIL Memorandum TO: Vail Town Council FROM: Finance Department DATE: October 28, 2014 SUBJECT: 2015 Proposed Budget — Ordinance 16 SUMMARY The budget process began back in June, when Council and staff held a budget retreat where preliminary revenue and expenditure discussions took place. Since then, Council has reviewed five year capital plans and a five year operating outlook for the General Fund. This first reading of Ordinance 16 is the culmination of several budgetary discussions, and includes additional information requested during the October 21st meeting as identified below. II. DISCUSSION The following are responses relating to Council's questions during the first look at the budget on October 21s': Housing Buy -Down Program Council had a question about town - subsidized employee housing. The town manages a "Buy - Down Program" through the Capital Projects Fund to use for the purchase of deed - restricted employee housing units which can then be re -sold at a lower, more affordable price. The Buy - Down Program began in 2001, with $100K of funding from Council. That amount was carried forward at the same level in 2002, 2003 and 2004. In 2005 the funding was increased to $200K; back to $100K in 2006 and 2007; then 2008's original budget of $100K was later eliminated over concerns with the economy. In 2009 Council re- instated the program with $500K of funding, and used $261 K of that for the purchase of Gore Range unit #2W. The remaining funds were carried over to the 2010 budget along with an additional $314K from Council and $186K of Fee -in -Lieu collections (for total 2010 budget of $738). There has been no additional funding since 2010, however the funds have carried over each year and have increased by Fee -in -Lieu collections. The current balance of $1.2 million reflects $402K of council funding carried over from prior years plus $685K of Fee -in -Lieu collections from developers. Outlined below are the housing purchases completed in the past several years: • 2007: Pitkin Creek (1 Bedroom unit) • 2008: Gore Range Condos (two units purchased, a 1 -Bdrm and a 2 -Bdrm) • 2009: Gore Range Condos (1 Bedroom unit) • 2014: Vail Heights (1 Bedroom unit) Outside of the Buy -Down Program, the Town also sponsored the construction of the "Arosa Drive Duplex" in 2009, with land donation and management of the project. Proceeds from the lottery sale of the two family units offset the cost of construction. 11/4/2014 The proposed budget for the Capital Projects Fund also includes $1.25 million for infrastructure for a housing development on the town -owned land on Chamonix. Employee Status Changes Council inquired about the number of seasonal employees converting into full time employees since 2013. During the 2014 budget process, Council approved the conversion of 12 seasonal employees (employed during both seasons) into full -time regular employees based on the fact that the same employees were working both seasons in the same position. Examples of positions converted in 2014 include bus drivers, parking and street maintenance. These same employees would also have qualified for healthcare under the Affordable Care Act (ACA) in 2015. Out of a total of 7.2 "new" full -time employees included in the proposed 2015 budget, 4 of these are conversions from a (year- round) seasonal position and include 3.09 Fire Residents to offset the addition of 3 Fire Engineers and .96 Heavy Equipment Operator / Landscaper to offset a full -time Landscape Lead / Maintenance Worker. In total, the 7.2 full -time headcount requested is offset by a reduction in seasonal headcount of 3.8, for a net increase to the town's headcount of 3.4 FTEs. The ACA legislation will impact another 30 employees who are now eligible for healthcare coverage, although those employees will remain seasonal in status. Plan for allocating the 1 % pool for exceptional performers Staff has attached guidelines for department heads applying to the Town Manager's office for a 1% base pay increase for exceptional performers (page 4). The pool of available dollars will be maintained in the Town Manager's department budget. Sales Tax "Split" The proposed 2015 budget is in compliance with Ordinance No. 1, Series 2013 which states "to ensure adequate funding for the long -range capital program, at least thirty -eight percent (38 %) of all sales tax revenues received by the Town shall be used for capital improvements, open space acquisition, or open space improvements, or for the payment of debt service to finance the same, unless otherwise approved by not less than five (5) affirmative votes of the Town Council ". Staff is not recommending any change to the specified "split" of sales tax revenue for the 2015 proposed budget. Revenue Projections The following revenue projections have been reflected in this proposed budget ordinance: • Real Estate Transfer Tax revenue has been increased from initial projections by approximately $525,000 for a total of $5,670,000 in 2015 to reflect recent collection activity. Year to date collections currently total $5,350,000 as of the end of October. • Construction Use Tax revenue has been increased from initial projections by approximately $300,000 for a total of $1.8 million in 2015 to reflect recent activity. Year to date collections currently total $1.7 million however approximately $360K are due to major projects. • Reimbursement from the Vail Valley Foundation for town services during the 2015 World Alpine Championships has been increased to $135K (from $82K). General Fund Council directed staff to classify the Burton US Open Snowboarding Championships event as a "Tier I — Vail Brand" event (was a Tier II "Extraordinary Event" in prior years). This classification Town of Vail 11/4/2014 Page 2 indicates that the event generates national and international recognition for excellence represents the Vail brand at the highest level and the loss of that event would have a negative effect. The Tier II events' customer base includes a significant portion of destination guests and economic impact to the town is profound. Funding support for this event is reflected out of fund balance due to the size of the event and to prevent distortion of the town's operating expenditures. In addition, a memo (page 5) is attached from the Burton US Open event producer providing more information about the impact this event has had on the town's economy. The Commission on Special Events (CSE) has requested an additional $50,000 for the 2015 budget. Please see attached memo (page 6) for details. This request is not included in the proposed 2015 budget based on the budget guideline of a 2% increase. All other Council Contributions are currently included in the proposed 2015 budget at the staff - recommended levels. Staff is requesting feedback from Council on contributions during the first reading of the budget ordinance. Capital Projects Fund Council directed staff to include planning dollars ($1.5 million estimated) in 2015 for a redevelopment of the town's municipal building, and to remove the $5.5 million originally included in 2016 for a "remodel ". The remaining cost estimate for a redevelopment ($15 — 20 million) is currently listed on the "unfunded" capital list until funding options are re- visited. The $1.0 million originally proposed in 2016 as a placeholder for reconstruction of a data center has been retained. An estimated $1.0 million will need to be spent if a municipal building is not redeveloped, and is not currently included in the overall cost estimate for a redevelopment. The estimate includes a retrofit /remodel of the upper and lower computer rooms for heating /cooling, fire suppression and potential relocation. There is also the possibility of costs to relocate prior to a municipal redevelopment project. Town of Vail 11/4/2014 Page 3 Town of Vail Guidelines for Requesting I% Increase for Exceptional Performers 2015 Criteria for the 1% increase This increase is reserved for top performers in each department that regularly work beyond the scope or expectations of the position. The recognized performance must be tied to a specific TOV or departmental goal, objective, or value. This pay increase will be utilized to recognize employees for superior performance that is quantifiable; Examples would include: - Cost efficiency or savings to the TOV. - Demonstrated productivity improvements or operational efficiencies - Consistent exceptional work performance as demonstrated in performance review - Documented guest /customer service enhancement initiatives Timing & Process Department Heads should submit proposals for each nomination to Human Resources and the Town Manager's office prior to the employee's annual review. Selected recipients will be evaluated based on individual or team performance and contribution to the TOV. Funding will be provided through a town -wide pool of funds, not based on departmental savings or headcount. 4 11/4/2014 2014 Burton US Open Snowboarding Championships presented by MINI: Town of Vail ROI Highlights `fF"FAfjQfS[! TOWN OF VAIL USO Delivered the Following Benefits to TOV in 2014 MEDIA IMPRESSIONS /VALUE: • Print - 661$3091770: $1,899,715 • Broadcast - 50,696,030: $13,800,258 • Social - 14012061052: $560,824 • Webcast (Vail expsr): 11:47:35 $60,000 • TV (Vail expsr): 80:59:47 $538,646 TOTAL VALUE: $16,859,443 RATE OF RETURN: 41:1 LOCAL REVENUES: • Incremental lodging: $6,050,704 ■ (USO /Burton lodging: $950,000) • Incremental spending: $6,864,000 ■ (Including Parking: $108,656) • Non -event day spending: $660,000 • TOV Tax Receipts: $627,698 RATE OF RETURN: 57% VAIL MOUNTAIN (total #s not available): • Significant increase in snowboarder and skier visits vs. same week in 2013 &2012. • Greater number of cumulative skier visits than during the same calendar week ( "Off Peak 3 ") in 2013 and 2012. ■ Significant growth with destination, out of state, international and instate overnight visitors over same week 2013. COMMUNITY: ■ Long term growth opportunity to attract millennials. • TOV is able to reinforce and shape its brand & cultivate youth marketing opportunities • USO adds value to the Vail consumer experience and the Vail brand. INVESTMENT IN THE FUTURE OF TOV Description of the estimated benefits to the Town of Vail generated by the 2014 Burton US Open Snowboarding Championships. Estimated Incremental Room Nights and Revenue Generated by the 2014 Burton US Open Snowboarding Championships. 2014 Estimated Incremental Spending Incremental Room Nights Estimated total event attendance: Repeat attendee /double counting factor: Those who came just for the event: Overnight Visitor to Region: Average nights stay in Vail: Total Incremental Room Nights: Incremental Spending Estimated attendance per day: Average amount spent: Event Days: Total Incremental Spending: Average lodging price per night: Incremental room nights: Subtotal spent on lodging: Number of days in Vail not for event: Number of people staying additional days: Average amount spent per day: Subtotal spent on non -event days: Total Estimated Incremental Spending: 2014 Town of Vail Estimated Return on Investment Town of Vail 2014 Investment 26,000 (Clicked On -Site) 15% 60% 46% (RRC Reported) 4 (Standard Minimum March Stay) 12,199- (Double Occ, 2ppl /room) 6,500 $264 (RRC Reported) 4 (Does not include practice days) $6,864,000- $496 (March ADR) 12,199 $6,050,704- 1.0 2,500 $264 (RRC Reported) $660,000- $13,574,704- $400,000 Total Value of PR impressions (print, online, social and broadcast) as well as certified Vail specific TV and Web Impressions generated by the 2014 USO $16,859,443 Return on Investment through Media, PR and Event Related Impressions alone: 41 -to -1 Est. Incremental Room Nights Generated (Double Occup) 12,199 Est. Incremental Spending Generated $13,574,704- Tax Receipts (Lodging - 4 %) $242,028- Tax Receipts (Sales - 4 %) $300,960- Tax Receipts (Vail Local Marketing Dist. — Lodging Only 1.4 %) $84,710- Total Town of Vail Tax Receipts $627,698- As a percentage of Total TOV March Tax Receipts 16.6% TOV Return on Investment through Incremental, Spending 57% 11 4/2014 0 rowN of vain } Memorandum To: TOV Manager, Stan Zemler & Finance Director Judy Camp From: Commission on Special Events Date: 10/11/14 Subject: CSE Budgeting Discussion History of CSE: The Town of Vail Commission on Special Events was established in its current form in 2002 with the purpose of stimulating the local economy, creating a sense of community, establishing a single point of contact for events admin, & supporting events that reflect the high quality image of Vail. Over the past 12 years the commission has evolved to create a strategic vision of differentiated event categories, score cards, event review and accountability. They have worked strategically with the VLMDAC, ERC, and VEAC to select and fund events that drive occupancy, sales tax and group business during the town's need periods, while optimizing the event calendar. Event recap data that is consistent and comparable across all publicly funded events, including those funded by the Town Council, has proven critical to achieving these strategic goals. The commission entered their first year with an allocation of $565,000 worth of funds, is now responsible for roughly $843,000 (not including one -time allocations by town council or the new tier IV life long learning), and provides critical oversight for all of the Town's publicly funded events, which total over 2.5M$ in funding. Current Status: In recently reviewed intercept surveys and RRC data it was proven that special events are a driving factor for regional and destination visitors to plan a vacation in Vail versus other mountain competitors. The study also indicated a good return on investment for the tax dollars spent across the total of events. The Burke Study has also shown an increase in brand recognition and NPS (Net Promoter Scores) which indicates guests would recommend Vail as a vacation destination to friends and family at a high level. The CSE has recently modified their funding strategies to include a score card which ranks not only the increase in room nights & tax revenue, but also the brand & demographic fit, growth of the event, producer qualifications and the marketing strength of the event. Goals: Our principle goal is for Vail to remain ahead of our mountain community competitive set, increasing Brand Growth by utilizing the CSE's 2013 -2017 strategic plan & mission, while being accountable to deliver an annual plan which ensures that funded events are fully aligned with the Vail brand. While we have seen an increase in year over year 11/4/2014 lodging, retail, & restaurant tax revenues with surges in key event periods throughout the year, there is still much room for event and brand growth, and some measure of flexibility to react quickly to opportunities is necessary Requests: The CSE would therefore ask for the following to be considered for the 2015 budget: Permanent Fireworks funding — The purpose of separately funding fireworks is to ensure that on each 4th of July and New Year's Eve the town can deliver a show that meet's the community's expectations and is up to par with Vail's brand, so that we do not lose market share to other mountain destinations. Currently, the fireworks portion of an event budget that is managed by a third party producer must compete with all of the other expenses involved in producing the event, most notably ever increasing liability insurance costs. The estimate to deliver Vail- caliber fireworks at America Days and New Year's Eve would be approximately $50,000 per year. Conclusion: Our intent is to provide the most value possible for each tax dollar that is spent by the Town on special events. Of course, CSE operates at the pleasure of Town Council, and we look forward to receiving guidance and direction on how best to achieve these goals. Town of Vail 11/4/2014 Page 2 TOWN OF VAIL 2015 PROPOSED BUDGET First Reading of Ordinance No. 16, Series 2014 November 4, 2014 11/4/2014 Town of Vail Proposed 2015 Budget Table of Contents 2015 Budget Highlights 1 Major Revenue Analysis 16 Summary of Changes in Personnel 17 Ten -Year Summary of Budgeted Positions by Department 18 Employee Benefits Summary 20 This report shows the list of employee benefits by percentage and costs. General Fund Revenue and Expenditures 21 This schedule shows the major revenue and expenditures by category in the General Fund Contributions and Special Events 23 Capital Projects Fund Revenue and Expenditures 34 This schedule shows revenue by type and expenditures by project in the Capital Projects Fund for 2014, Proposed 2015, and 2016 - 2019 plan Real Estate Transfer Tax Fund Revenue and Expenditures 36 This schedule shows revenue by type and expenditures by project in the RETT Fund for 2014, Proposed 2015, and 2016 - 2019 plan Unfunded Projects 39 This schedule shows a listing of potential future projects that are currently not reflected in the proposed budget or long -term plan Marketing (Business License) Fund Revenue and Expenditures 40 Conference Center Fund Revenue and Expenditures 40 Heavy Equipment Fund Revenue and Expenditures 41 Health Insurance Fund Revenue and Expenditures 41 Dispatch Services Fund Revenue and Expenditures 42 Timber Ridge (Enterprise) Fund Revenue and Expenditures 43 11/4/2014 TOWN OF VAIL 2015 BUDGET PROPOSAL GENERAL AND RELATED FUNDS The Town of Vail 2015 budget proposal presented in this document reflects the town's vision to be the premier international mountain resort community in a fiscally responsible manner and will support areas of strategic focus identified by Council including Enhance Economic Vitality, Grow a Balanced Community, and Elevate the Quality of the Experience In June, Council and staff held a budget retreat where preliminary revenue and expenditure discussions took place. A current "state of the town" was presented, identifying impacts from major redevelopment projects, investment in capital improvements and the increased number and size of special events. There have been positive impacts to the town's revenue streams but also challenges to maintain world - class service within current operating budgets and headcount. The purpose of the retreat was to focus on building a budget that reflects Council's Action Plan and vision for Vail, while addressing operational needs in town departments. The following outcomes / feedback from the June budget retreat were included in the creation of this first draft of the 2015 budget: • Increase sales tax revenue projection by 6% over 2014 amended budget • A 2% increase to the operating budgets in departments was approved (operating budgets have been held flat since 2008 with few exceptions) • Department directors were encourage to analyze the impacts mentioned above and to propose solutions within the budget process • Council supported a proposed performance -based merit increase of 4 %, plus a 1 % pool for exceptional performers. • Council was provided a preview of the Impact of the Patient Protection and Affordable Care Act (PPACA), or ACA for short General budget objectives that are also incorporated in the proposed budget: • Develop a sustainable budget that operates within annual revenues • The budget will continue to reflect the town's vision to be the premier international mountain resort community and will support areas of strategic focus identified by Council including Enhance Economic Vitality, Grow a Balanced Community, and Elevate the Quality of the Experience • Significant commitments to iconic events such as the 2015 Alpine World Championship, 2015 Nation's Event at Golden Peak, Pro - cycling Challenge and Burton US Open funded from General Fund reserves, outside of the town's normal operations for the year The projected 2015 budget results in an operating surplus of $554,110 before iconic event funding of $1.1 million (2015 World Alpine Championships, Burton US Snowboarding Championships and US Pro - Cycling Challenge). After funding these events from town reserves, the General Fund fund balance at the end of 2015 is projected at $14.9 million, or 43% of annual revenues. 1144/2014 Below are details of assumptions used in the development of the proposed 2015 budget: REVENUE The town's 2015 budget is funded by a projected $62.2 million net revenue budget. Net revenues exclude inter -fund charges and transfers. 2015 projected revenues are 6.1% higher than 2014 amended and a 16.0% increase from 2013. The below chart identifies the various sources of town revenue: 2015 Net Revenue Projection: $62.2M Chargesfor Rent, Fines& Services Miscellaneous 3% 8%. ransportation Centers 7% fcenses and Permits 3% Real Estate Transfer Tax 9% Transfer from VRA +7% Earnings on r Investments 0% Sales Tax �V­ Lr —to Ski Lift Tax and Use Tax Ownership Tax Franchise Fees 3% 7% 9% LOCAL TAXES: Six revenue sources make up local taxes and generate 67% of the town's annual revenues: sales tax; property and ownership tax; use tax; ski lift tax; real estate transfer tax; and franchise fees. A 4% general sales tax will produce approximately 39% of annual revenue for 2015. The $24.5 million of sales tax projected is an increase of 6.0% from the amended budget for 2014 and an 11.3% increase from 2013. Sales tax revenue is influenced by a number of factors including the general economy, tourism and snowfall, special events and redevelopment activity. Sales tax revenue is seasonal, with approximately 70% of the total generated during the ski season which is defined as November through April. 11t4/2014 ; �r 24.0 22.0 29.4 10.0 10,4 14.4 12.4 14•.4 0.0 4,4 4.4 2.4 Q, 4 Sales Tax Compared with Inflation 24105 2446 2447 2QQx: `1049 2414 2411 2412 2413 241 21015' Ani'G E',,.t: -et 288.G 270.0 252.0 234.(3 216.a 14a, 4 14,4 12,4 944,4 1210,4 1W.4 K.4 F2,4 54.4 X,4 1G,4 The chart above demonstrates the annual increases in sales tax collections compared to the movement in Consumer Price Index (CPI). Other than during the economic downturn, the town's sales tax collections exceed the annual CPI rate. Vail Reinvestment Authority (VRA) was created on November 4, 2003 to oversee development and redevelopment of identified blighted areas within the town. The Authority is funded with incremental property tax collected on redeveloped properties within the district. The VRA will reimburse the town's Capital Projects Fund for various capital projects in Lionshead. For 2015 this includes Guest Service Enhancements, improvements for the Lionshead parking structure entrance, and approximately 1/3 of expenses for an 1 -70 underpass that aren't already funded from grant revenue. These funds total $4.2 million in 2015, and represent approximately 6.8% of funding available for town spending. In prior years these funds have provided as much as 13% of annual town revenues. Real Estate Transfer Tax (RETT) is a 1 % tax on transfers of property within the Town of Vail. This tax is the primary revenue source in the Real Estate Transfer Tax Fund whose use is restricted to parks, recreation, open space, and environmental sustainability. Real Estate Transfer Tax collections of $5.7 million represent 9% of total annual revenues. This is a 15.7% increase from the 2014 amended budget and a 5% increase from forecasted revenues in 2014. Property and Ownership Tax of $4.3 million will generate 7% of total revenues for 2015. 2015 revenues are projected to be down slightly (1.1 %) from 2014 based on the County Assessor's office, with the impact from re- assessments. The current base mil levy is 4.69 and constitutes 10% of the average taxpayer's property tax bill. 11 M/2014 In November 2000, Vail's electorate approved lifting the revenue limitation placed on property tax revenue by the Tax Payer's Bill of Rights (TABOR) approved by Colorado voters in 1992. Property values are reassessed every two years, providing potential increases or decreases in the even years. However, the base mil levy cannot be increased without a vote. Construction Use Tax collections are estimated at $1.8 million for 2015, a 20% increase from 2014 amended budget due to year -to -date collections already reaching $1.7 million with major projects included. The 2015 projection is based on the assumption of no new major construction projects. In November 2007, voters approved the implementation of a 4% construction use tax effective January 1, 2008. Revenue from this source is allocated to the Capital Projects Fund. Ski Lift Tax and Franchise Fees total $4.4 million and $1.2 million, respectively for 2015, representing 9% of the total annual revenue. The town assesses a 4% tax on all admissions to the Vail ski area. The town also collects franchise fees from all the major utilities operating in the Town of Vail. The fees are collected and paid by the local gas, electric, telephone, and cable television companies. The rate is established by ordinance and is different for each utility type. Lift Tax was projected with a 5% increase over the 2014 forecast. All franchise fees are projected based on historical trends, and are accounted for in the General Fund. LICENSES AND PERMITS are expected to generate approximately $1.9 million or 3% of total revenues in 2015, up 11.6% from the 2014 amended budget. Again, this revenue source can fluctuate from a few large commercial and residential construction projects. The 2015 projection is based on historical averages. Licenses and permits are General Fund revenues with the exception of the business license fee and recreational amenities fee as described below. Construction Fees, which include building permits, electrical, mechanical, and plumbing permits, design review fees, plan check fees, variances, etc., are the largest component of the license and permit category. Construction fees alone are budgeted at $1.4 million in 2015. The Business License Fee is restricted by ordinance for marketing and is recorded in the Marketing Fund. This revenue of $332,000 is budgeted flat with the 2014 budget. The Recreational Amenities Fee is assessed on new residential square footage. It is accounted for in the RETT Fund and its use is restricted to parks, recreation, open space, and environmental sustainability. With no major redevelopment projects assumed, this fee is budgeted conservatively at $10,000 in 2015, flat with 2014 amended budget. Actual collections were approximately $14,000 in 2013 and $336,586 in 2014 due to a major redevelopment project. INTERGOVERNMENTAL REVENUE supplies 5% of the total revenue ($3.2 million) and includes federal and state grants, county sales tax, county road and bridge tax, highway users' tax, cigarette tax, and E911 Authority Board. Revenue forecasts are obtained from the contributing agencies or estimated based on trends. Federal and state grants are recorded in the Capital Projects Fund, RETT Fund or the General Fund depending upon their purpose. Lottery revenue is recorded in the RETT Fund and all other intergovernmental revenue goes to the General Fund. The E911 Authority Board is a conduit managed by Eagle County to fund emergency communications from the surcharges it collects on phone bills. In 2015 the E911 board 1144/2014 will pay salary and benefits for the equivalent of two dispatch supervisors, seven dispatchers and a systems engineer in the Vail Communications Center. From 2010 through 2014, the E911 board funded one additional dispatcher to help participating agencies with the impact of the economic downturn. In 2015, the number of dispatchers covered has been returned back to the original amount. The agencies are covering the cost through increased fees. 2015 contribution from the E911 board totals $797,382 and is accounted for in the Dispatch Services Fund. County Sales Tax The town receives fifteen percent (15 %) of a 1 % general retail sales tax levied by Eagle County. This payment is pursuant to an enabling ballot question approved by the voters and applies to all of the towns within the county. Collections budgeted for 2015 total approximately $784,000. County Road & Bridge The town collects a portion of the county's mil levy for road and bridge based upon Colorado State Statutes. County road and bridge revenue for 2015 was budgeted based on the prior two year history, at $734,400. This revenue is dependent upon what Eagle County sets for a road and bridge mil levy and the assessed valuation for the town. Highway Users' Tax The State of Colorado shares a portion of its gasoline tax based upon the town's miles of roads in proportion to other municipalities in the state. This revenue of $211,000 is budgeted at a slight increase with amended 2014 budget based on information provided by the Colorado Municipal League. TRANSPORTATION CENTERS located at Lionshead and in the Village generate 7% of total revenues and are budgeted at $4.0 million for 2015, a 4.8% increase from 2014 budget and a 3.5% decrease from 2013 (a very strong year). This revenue source has declined since 2010 (with a record $5.0 million) primarily due to an increased supply of parking from both public and private amenities. Daily parking fees and parking passes during ski season are the largest sources of this revenue. CHARGES FOR SERVICES comprise 3% of the town's annual revenue. The largest sources in this category include dispatching contracts and a contract with the Colorado Department of Transportation (CDOT) for maintenance of the frontage roads. EARNINGS ON INVESTMENTS currently generate less than 1% of the annual revenues. The town's investment policy priority is safety, followed by liquidity and then return. EXPENDITURES The town's expenditure budget for 2015 is $57.2 million excluding inter -fund transfers and charges. This is a 28% decrease from the 2014 amended budget, mainly due to large capital projects currently underway in 2014 that will most likely continue into 2015 such as Ford Park improvements, 1 -70 Underpass, Guest Service Enhancements, Vail Golf and Nordic Center, and Vail Village Welcome Center reconstruction. Included in this amount are capital projects that will be reimbursed from the Vail Reinvestment Authority. Seventy -four percent of the expenditures are to provide municipal services and twenty - six percent to fund capital improvements. The town does not have any debt service obligations. 11 t4/2014 Where the Money Goes 2015 Proposed Expenditures $57.1M Capital r Debt Service Improvements 26% Municipal Services 74% r Within municipal services, 28% of spending is for public safety, including 12% for the Vail Police Department, 6% for Vail Public Safety Communications (which is county- wide) and 10% for Fire prevention and suppression. Fourteen percent of the total is spent on transportation and parking, which includes the free bus system and free and paid parking in the parking structures and at the Ford Park softball and soccer fields. Public Works and Streets account for 10% of spending. This includes daily repairs and maintenance of the town's infrastructure and support of special events, but not new capital or items that extend the life of existing capital. Facility and fleet maintenance at 10% includes daily repairs and maintenance of town -owned buildings and equipment and operation of the Donovan Pavilion, Lionshead Welcome Center and Grand View, but again not new capital or items that extend the life of existing capital. Where the Money Goes Municipal Services by Area Health and Employee Housing 4% Facilities & Fleeter Public Safely Maintenance Communications 10% 6% Transportation & Parking 14 Parks & AIPP TVWn OFricials 4% 4% Public works & Streets Administrative 10% Services 4, Risk Contributions, Managernenl Marketing, & Community 10% Special Events Library Development 8% 2% 6% 1164/2014 Another way to look at how the town spends its money is to look at expenditures by category. The major categories within municipal services are Salaries; Benefits; Contributions, Marketing and Special Events; and Operating, Maintenance and Contracts (All other Operating Expenses). Salaries, which represent about half the total expenditures, include full -time, part -time and seasonal salaries, overtime, bonuses, and special pay categories. Benefit costs include: health insurance, disability coverage, worker's compensation, pension, life insurance, unemployment, Medicare and wellness or ski pass package. Contributions, Marketing, and Special Events include the funding provided by the town to local non - profit and marketing organizations as well as the Commission on Special Events. This category does not include marketing expenditures of the Vail Local Marketing District, which are reported separately. Included in the category of operating, maintenance and contracts are: utilities; property and liability insurance premiums; fuel and parts for vehicles; other professional fees; repairs and maintenance for facilities and equipment; office and general operating supplies; and operating leases and rentals. Where the Morey Goes Municipal Services by Category AII Other Operating Expenses 31% Contributions,—_ Benefits Marketing, 4 Special Events 17/ 7% The town's staff includes three basic categories of employees: 1) full -time regular, 2) fixed term and /or externally funded, and 3) part -time or seasonal. Full -time regular staff positions are fully funded by the town, generally work 40 hours per week, and have a full benefits package. Fixed -term and /or externally funded positions may be full or part -time with negotiated benefits and are filled for a period of time determined by workload and /or contract or until external funding is no longer available. Part -time employees work 30 hours a week or less and seasonal employees work 40 hours a week, but less than half a year in a position. The town reports staffing in terms of full -time equivalents or FTE's to provide a common measure. One FTE equals 40 hours a week or 2,080 hours a year. For example, a part -time employee working 20 hours equates to .5 FTE and a seasonal employee working four months a year equates to .33 FTE. 11 tA12014 $50 $00 250 200 1 500 100 BUDGETED POSITIONS BY T'AR'E (Full -time Equivalent Positions) ZOD6 200 200 200 ZODD ZD1 D 24 11 012 24 13 24 14 24 16 oFuII -Time Regular Base Force ■seasonal and Part-Time Positions oFixed-Term and Externally Funded Positions The town's operations are supported by 288 full time equivalent (FTE) positions in 2015, up 3.4 from 2014 and down from 300 at the beginning of 2009. Of these, 245 are full - time regular employees. Shifts in headcount include filling 4 vacant full -time positions with similar functions, reinstating two positions that existed in previous years (an environmental planner and support for the Community Information and Economic Development offices) and a request for additional headcount in Facilities (Building Maintenance Specialist). A conversion of 3.8 seasonal headcount into 4 full -time positions is requested, which includes a reduction in Fire Residents to offset three Fire Engineers as well as the conversion of a seasonal (both seasons) to a full -time Lead Landscaper (in the summer) to allow for more widespread coverage of the landscape crews and a Lead Maintenance Worker (in the winter), again to assist with crew supervision and increased coverage to improve efficiency. The seasonal positions would qualify for healthcare in 2015, so the net monetary impact is approximately $10,000 for each converted position to account for the additional weeks worked and pension benefit. SALARY AND WAGES The 2015 budget includes funding for performance based merit increases for full -time employees (up to 4 %) and a 1 % pool for exceptional performers. Most employees are eligible for merit increases on June 1. BENEFIT COSTS Employee benefits are projected at $7.3 million, representing 40.8% of base salary expense for 2015. For full -time employees, benefits average 41.0% of salary and for seasonal employees, benefits average 39.5% of wages. These cost estimates include the impact of the Affordable Care Act (approximately $471,000 for an additional 30 11 */2014 seasonal employees covered). The largest single component of benefit cost is health insurance at 52.8°/x. The town is self- insured and has stop -loss coverage from an outside insurer to protect against significant claims. Coverage is offered to full -time employees and their dependents. Health care expenditures are recorded through the Health Insurance Fund. The next largest component of the benefits cost is employee pension comprising 32.5% of the total benefits. The town's full -time pension plan contribution ranges from 11.15% to 17.15% of salary, depending on length of service. Seasonal and part -time employees receive a 1.5% contribution. The contribution for full -time employees is somewhat higher than most private sector employers because town employees are not part of the Social Security system. Benefits Costs Medicare (wellness Benefit 2015 $7.3M 3% I 2% Pension 33% Insurance 53% Worker's Compensation Insurance 4% Life, Disability, and Unemployment Insurance 5% 1164/2014 GENERALFUND The General Fund supports the town's basic municipal operations. The attached General Fund proposed budget for these operations has a surplus of $554,110, which does not include $1.1 million in commitments to large special events such as the World Alpine Ski Championships, Pro - Cycling Challenge or the Burton US Open Snowboarding Championships. With the inclusion of iconic event spending, the resulting fund balance will total $14.9 million at the end of 2015, representing 43% of annual revenues. 25% is the Council directive as the minimum fund balance. REVENUE - $34,921,741 The General Fund's primary source of revenue is sales tax followed by lift tax, property and ownership tax, and parking. Projected revenue for 2015 is an increase of 6.8% from the amended 2014 budget and an increase of 8.3% from 2013. Sales Tax - $15,181,000 In this budget proposal, 62% of the town's 4% general sales tax is allocated to the General Fund. The remaining 38% is allocated to the Capital Projects Fund. Historically Council approved budgets with a super- majority vote for any split other than 50/50. In November, 2012 voters approved amending Section 9.4 of the Vail Town Charter, which was previously unclear but interpreted as a requirement to allocate no less than 50% of the town's sales tax revenue to the Capital Projects Fund unless overridden by a vote of at least five council members. As a result, Town Council passed Ordinance No. 1, Series 2013 to specify the sales tax "split" percentage for the upcoming budget year as "62/38" unless approved by a super- majority vote of Council during the reading of budget ordinances. Staff is not recommending any change to the specified "split" of sales tax revenue for the 2015 proposed budget. Licenses and Permit Fees - $1,538,267 The largest component of licenses and permits is construction permit fees, which includes building, mechanical, plumbing, and electrical permits. The 2015 budget for construction permits is projected based on a four -year average of annual collections and does not anticipate any major redevelopment projects. The 2015 projection is a 14.6% increase from the 2014 amended budget and flat with 2013. Property Tax, Parking Revenue, Ski Lift Tax and Franchise Fees budgetary assumptions were discussed above, in the Revenue section. EXPENDITURES - $34,367,631 As a service organization, the majority of spending relates to staffing. For 2015, this represents $21.8 million or 63% of total expenditures which includes staffing requests, benefits and a 4% proposed merit increase based on employee performance. Departmental spending of $7.3 million (also labeled as "All Other Operating" in the General Fund statement) is a 1% increase from the 2014 amended budget. The proposed 2015 budget does not propose any dramatic changes from the current year, and provides for a continuation of the high level of service in both day -to -day operations and special event support. 111/4/2014 "Contributions and Special Events" includes the Economic Development / Commission on Special Event department, as well as Council Contributions (pages 23 -33). The 2015 proposed expenditures followed the budget guidelines for all other departments, with a limit of 2% increase from the amended 2014 budget. Contributions to the 2015 World Alpine Ski Championships (final year of $250K per year for 5 years), the 2015 Nations Event at Golden Peak (final year of $375K per year for 4 years), a placeholder for the Pro - Cycling Challenge ($75K) as well as the Burton US Open (a placeholder at $400K) are proposed to be funded from General Fund reserves due to the size of the contributions. "Heavy Equipment Operating and Replacement" charges are projected at a 1.4% increase from the 2014 amended budget. The operating costs are charged back to departments based on their use of the vehicles and equipment. Replacement charges are based on a long -term replacement plan for town vehicles. These internal service charges go into the Heavy Equipment Fund as revenues. Dispatch Services charges total $630,588 for 2015 based on a three -year average usage by the town (37.0% of total 911 call volume). While call volume has increased 1.4% from 2014, the 2015 charges reflect a 2.6% increase from 2014 charges due to less funding by the E911 Board, merit increases for employees and other normal operating increases. These service charges, along with charges to the other agencies go into the Dispatch Services Fund as revenue. The projected 2015 General Fund budget results in a net increase to fund balance of $554,110 before iconic event spending. After funding of those events ($1.1M), the General Fund reserves are projected at a 43% of annual revenues, or $14.9 million by the end of 2015. CAPITAL PROJECTS FUND REVENUE - $16,746,415 Total revenue includes $4.25 million in reimbursement from the Vail Reinvestment Authority for expenditures directly relating to capital projects within the tax increment financing district. Sales tax is a primary revenue source for capital projects. For 2015, $9,305,000 or 38% of the town's projected sales tax revenue is allocated to the Capital Projects Fund. Use Tax collections are budgeted at $1.8 million, flat with the 2014 forecasted revenues which include major projects. No major projects are assumed for 2015. Federal grant revenue of $240,000 is included for reconstruction of bridges at Nugget Lane and Bridge Road (the bridge projects span three years, with total federal grant of $1,024,800). State grant revenue of $356,000 is included for a continuation of funding from CDOT for planning of the 1 -70 Underpass. 2015 also includes the annual repayment from Timber Ridge Affordable Housing Corp. of $494,466 per year for 20 years. 111/4/2014 EXPENDITURES - $11,278,260 $4.25 million of the above will be reimbursed by the Vail Reinvestment Authority (VRA) for capital projects within the Lionshead TIF District including the start of the 1 -70 Underpass project, Frontage Rd improvements, planning for potential improvements at Dobson Plaza, and annual Lionshead parking structure capital maintenance costs. Other noteworthy projects for 2015 include: • Infrastructure for a potential housing project at the town's Chamonix site at $1.25M • Town's portion of 1 -70 Underpass project ($1.0M in 2015). The project would span approximately four years at a total cost to the town of $7.0 million, reimbursed by the VRA • $3.OM in Frontage Rd improvements from the Lionshead parking structure to the municipal building to coincide with the new Lionshead parking entry, reimbursed by the VRA • Council directed staff to include planning dollars for a redevelopment of the municipal building ($1.5M was included as an estimate) • A new bus camera system is proposed in 2015 at $350K The Capital Projects fund is projected to have a fund balance of $20.6 million at the end of 2015. REAL ESTATE TRANSFER TAX (RETT) FUND REVENUE - $5,863,250 The primary revenue source for this fund is the 1% real estate transfer tax, accounting for $5.7 million in projected revenue for 2015. Collections are projected at a 5% increase over the forecasted collections in 2014 and a 20% increase from 2013. The 2015 projections do not include any major redevelopment projects. EXPENDITURES - $5,825,378 Use of the RETT Fund is restricted by ordinance to parks, recreation, open space, and environmental sustainability. RETT currently provides funding for both operating and capital expenditures within those categories. Total operating expense of $2.7M for 2015 is flat with 2014 amended budget for annual items and includes: • Annual Park and Landscape maintenance ($1.6M) • Environmental Sustainability staff and programs ($321,586) • Continuation of Forest Health projects ($225,000) • Management of AIPP programs ($100,248) • Betty Ford Alpine Garden annual support ($67,000) *Council Contribution • Eagle River Watershed Council support for Black Gore Creek projects ($63,240) *Council Contribution 111/$/2014 In addition to the annual operating expenditures, staff has also recommended a capital contribution to the Betty Ford Alpine Gardens of $500,000 as a placeholder for the Betty Ford Alpine Garden Education Center, pending Council's discussion. Noteworthy capital projects for 2015 include: • Library recreation path reconstruction ($945K) • A second picnic shelter and playground safety improvements at Donovan Park ($379K) • Ford Park improvements ($380K) for completion of the waterline and ADA parking to coincide with overall Ford Park improvements. • Capital maintenance of VRD- managed assets such as the Vail Golf Course, Dobson Ice Arena, Ford Park tennis center, Athletic Fields and Gymnastics center for a total of $435K in 2015 The RETT fund is projected to have a fund balance of $4.1 million by the end of 2015. VAIL MARKETING FUND Business license fees provide the revenue for this fund, which is restricted to marketing Vail. Revenue is expected to be flat with 2014. Expenditures for marketing through the Commission on Special Events (CSE) are budgeted at $300,000. CONFERENCE CENTER FUND This fund was established in 2003 to account for a 1.5% public accommodations tax and a .5% sales tax imposed by election for the purpose of building and operating a conference center in the town. These taxes were rescinded by election in November of 2005. In November, 2011 voters approved using accumulated funds for three capital projects (major renovations of the Vail Golf Course and Nordic Center, Ford Park Fields and the Ford Park Amphitheater). These projects are budgeted in 2014, however they may carryover to 2015. There are no additional projects budgeted for 2015. HEAVY EQUIPMENT FUND This is an internal services fund that manages the maintenance and repair of town vehicles and equipment and the purchase of replacement vehicles other than buses and fire trucks. Costs are charged back to departments based on their use of the vehicles and equipment. HEALTH INSURANCE FUND This internal services fund manages the costs of providing health and short -term disability insurance to employees. Net costs are charged to departments as employee benefits. Since the town is self- insured on these items, a sufficient fund balance is 111/4/2014 maintained to absorb extraordinary claims experience. Claims over $75,000 per person are covered by an indemnity "stop loss" insurance product. The town will add approximately 30 season employees to the health plan in 2015 in compliance with the Affordable Care Act (ACA). While the initial projection of impact to the town's 2015 budget was $864,000, the town has been able to lower that impact to approximately $471,000 due to a positive trend in health claims over the last 18 months and re- negotiation of premiums and fixed fees with insurance providers. Both the town and employees will be charged an increase in premiums, however it will be a much smaller increase than previously expected. This Fund is projected to have a fund balance of $1.1 M by the end of 2015. DISPATCH SERVICES FUND This is an enterprise fund, e.g., more than half of its revenue is from sources outside of the town, managing emergency communications for all of Eagle County. The E911 Board funds eight dispatcher positions, two supervisor positions and a systems engineer. In 2014, there is a 3.8% increase in the town's fees based on both increased operating costs and call usage in Vail, of which Vail Police and Vail Fire total 35.6 %. TIMBER RIDGE ENTERPRISE FUND During 2014, this enterprise fund was created to account for the transfer of ownership for the 10 acre property at Timber Ridge at the end of January. The Timber Ridge Affordable Housing Authority (TRAHC) which previously owned the property has been dissolved. The eastern half of the property is under lease to Lion's Ridge Apartment Homes with no lease payment for ten years. The Timber Ridge Enterprise Fund therefore includes only the operating budget for the western half of the property. This proposal reflects a small surplus for the year following payment of all operating expenses, principal and interest due to the capital projects fund, and $100,000 set aside for capital projects. Since this will be the first full year of operations on the west side only, expenses have been budgeted conservatively and staff is continuing to work with our property manager, Corum Real Estate Group, to identify additional expenditure reductions. Revenue: 96 units remain on the western side with 54 units under master lease to Vail Resorts; 41 units available for individual leases; and one unit permanently out of the rental pool. The one -year lease rate for individual units is $1,125 per month effective for new leases as of 9/1/14, a $100 per month increase from the previous one -year rate and in line with comparable properties. Rental income is down 10% from 2014 Forecast because the first quarter of 2014 included the full property with 199 units. Compared with 2013, rental revenue is down 34% with an expected vacancy of 4% compared with a 15% vacancy when 199 units were in inventory. Operating Expenditures are reduced by a net of $86K (12 %) compared with 2014 forecast and $147K (20 %) from 2013, the last year operating the full property. Major reductions from 2013 as a result of the reduced size of the property include the management fee paid to Corum Real Estate Group; payroll; general repairs and maintenance; and utilities. The largest single expense reduction from 2013 is property insurance, which has been reduced from $67K to $19K annually for a savings of $48K. Of the savings, $33K was a 111/x12014 result of changing from an outside carrier to the town's CIRSA risk pool when the property was transferred to the town and an additional $15K of savings due to the reduced size of the property. Partially offsetting the reductions in expense is an increase in projected costs of snow removal from $27K in 2013 to $87.5K projected for 2015 due primarily to the loss of snow storage space following redevelopment of the eastern half necessitating hauling of snow off site. Capital Outlay: The 2015 proposed budget includes a placeholder of $100K for capital outlay to provide a positive cash flow for the year. Specific projects will be evaluated and prioritized the spring. Additional funds may be requested at that time if 2014 operating results and capital projects are favorable to budget. Although upgrades to 41 units will be complete in 2014 along with critical external repairs, remaining projects and deferred maintenance for consideration in 2015 include: window replacements; exterior paint; recycling and trash containers; monument sign; electrical box doghouses; and fence repair and stain. These projects cannot all be accomplished within the current budget proposal. 111/4/2014 Major Revenue Analysis 2015 Proposed Budget 2009 2010 2011 2012 2013 2014 2014 2015 Actual Actual Actual Actual Actual Budget Forecast Proposed Comments General Sales Tax 16,913,338 17,676,115 19,581,414 20,046,455 21,999,999 22,000,000 23,100,000 24,486,000 2015 proposed at 6% increase from 2014 projections -13.8% 4.51/6 10.8% 2.4% 9.7% 0.01/6 5.0% 6.01/6 RETT Tax 2,513,481 6,950,701 4,403,706 5,452,937 4,725,589 3,900,000 5,400,000 5,670,000 2015 5.0% increase from 2014 forecast; YTD 2014 is pacing ahead of 2013 at this time by 14% -72.4% 176.5% -36.6% 23.8% -13.3% -17.5% 38.51/6 5.00/6 Parking Revenue 4,975,795 5,037,042 4,023,940 3,453,836 4,170,065 3,839,680 3,839,680 4,023,264 Slightly down from 2013, a strong winter 3.3% 1.29/6 -2011/6 - 14.2% 20.7% -7.9% 0.0% 4.8% Property & Ownership Tax 4,506,491 4,951,386 5,031,770 4,157,279 4,227,966 4,465,000 4,353,500 4,301,000 Per County Assessor estimate with some allowance for potential abatements 4.6% 9.9% 1.6% -17.41/6 1.70/6 5.6% -2.5% -1.20/6 3.0% Lift Tax Revenue 3,048,011 3,357,717 3,529,125 3,433,686 4,007,908 3,782,000 4,208,300 4,418,700 2015 proposed at 5% increase over 2014 forecast -7.0% 10.2% 5.1% -2.7% 16.7% -5.6% 11.3% 5.0% Construction Fees 1,341,731 1,272,606 985,377 1,333,681 1,404,928 1,208,353 1,835,153 1,435,464 Based on average annual collections over the last 4 years -64.7% -5.20/6 -2260/6 35.30/6 5.30/6 -14.00/6 51.90/6 -21.8% No major redevelopment projects assumed (Strata impacts in 2014) Construction Use Tax 713,582 1,103,119 721,002 1,221,734 1,360,585 1,000,000 1,800,000 1,800,000 2015 flat with 2014 forecast (2014 YTD pacing 26% higher than 2013, but includes major projects) 17.3% 54.61/6 -34.61/6 69.41/6 11.4% -26.5% 80.01/6 0.01/6 Other Talk 1,545,535 1,711,350 1,806,708 1,672,112 1,735,016 1,732,994 1,732,994 1,826,952 County sales tax (based on TOV sales tax), Road & Bridge, Hwy users revenue, etc. -6.0% 10.7% 5.6% -7.40/6 3.8% -0.1% 0.0% 5.40/6 Federal / County Grants 203,765 3,785,144 1,596,040 916,067 82,630 240,000 510,200 596,000 2014 Federal grant for bridges at Nugget Lane and Bridge Road ($1 M over 2014 - 2016), CDOT shared costs on 1 -70 Underpass N/A 1757.6% -57.8% -42.6% -91.0% 190.5% 112.6% 16.8% Earnings on Investments 460,234 330,216 539,541 492,015 426,975 709,957 709,957 705,275 2015 based on .7% return on available fund balance based on current trend -75.0% -28.3% 63.40/6 -8.8% -132% 66.30/6 0.0% -0.70/6 2014 and beyond includes $494.5K per year interest on Timber Ridge loan at a rate of 1.5 % Rental Income 912,090 862,151 895,872 832,134 918,691 840,896 840,896 903,087 Employee housing rentals at 3% increase; 10% increase in Donovan Pavilion rental to reflect 4.0% -5.5% 3.91/6 -7.1 % 10.4% -8.51/6 0.01/6 7.4% recent history E911 and Interagency Dispatch 1,904,572 1,908,591 1,958,581 1,915,218 1,982,170 1,928,575 1,928,575 1,896,556 Funding by E911 Authority Board and participating agencies 14.9% 0.2% 2.6% -2.20/6 3.50/6 -2.7% 0.0% -1.7% 2010 & 2011 for LionsHead Transit and Welcome Centers Vail Reinvestment Authority Transfers - 1,070,365 7,125,196 5,354,864 1,842,286 3,950,000 4,290,435 4,250,000 2012 for LionsHead Portal projects, Energy enhancements, Library remodel and Guest Services N/A 565.7% -24.8% -65.6% 114.4% 8.6% -0.91% 2013 for continuation of Guest Service Enhancements, LH parking entry, SunBird Park, etc 2014 for LH Parking structure entry and parking equipment; 1 -70 Underpass 2015 for 1 -70 Underpass ($1M) and Frontage Rd improvements from LH Parking to Muni bldg ($3M) All Other Revenue 4,885,916 7,957,308 6,463,634 4,725,743 4,229,024 3,698,688 5,845,451 5,868,883 In general, this item includes franchise fees, fines and forfeitures, employee portion of healthcare -23.5% 62.9% -18.8% -26.9% -10.5% -12.5% 58.0% 0.4% premiums, insurance proceeds froms stop -loss coverage, license revenue, administration fees collected from VLMD and RETT and other charges for service such as out of district fire response Total Revenue 43,924,542 57,973,811 58,661,907 55,007,762 53,113,832 53,296,143 60,395,142 62,181,182 and Police contracted services. In addition, 2014 budget incl. repayment of VRD share of Ford Park % compared to Prior Year -24.3% 32.0% 1.2% -6.2% -3.4% 0.3% 13.3% 3.0% Field pro ect 1.165M Town of Vail 2015 Budget Summary of Changes in Personnel From 2014 Original Budget to 2015 Budget 2015 Changes Comments Full -time Regular Positions Special Events Coordinator 0.20 Increase to 40 -hour work week Community Information / Economic Dev Support 1.00 Previously lost 1.5 FTEs during downturn Sr. Long -Range Planner 1.00 Frozen Planner position (1.00) Environmental Planner 1.00 Reinstating previously eliminated when job vacated IT Systems Engineer 1 1.00 Document Imaging (1.00) Reducing to offset addition above Streets: Maintenance Worker 1.00 Streets /Parks: Landscaper / Maintenance Worker 1.00 Fleet: Journey Mechanic (1.00) Facilities: Parking Structure Maintenance 1.00 Facilities: Building Maintenance Specialist 1.00 Facilities: Custodian (1.00) Fire Engineers 3.00 7.20 Seasonal Positions Fire Residents (3.09) Reducing to offset addition above Landscaper (0.48) Reducing to offset combined position above Heavy Eqiupment Operator (0.48) Reducing to offset combined position above Community Information intern (0.25) Reducing to offset addition above Library - Multi Task 0.50 Back in 2010 we converted a contract position to seasonal but d (3.80) Total Changes to FTE Count: 3.40 1- 11412014 Total Full -Time Employees 235.01 237.77 240.29 244.05 245.53 235.53 228.73 226.23 224.78 237.78 244.98 7.20 - t8_ TOWN OF VAIL 2015 BUDGET TEN -YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT 2015 Positions Department 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Change Full -Time Regular Positions - Funded by TOV Town Officials 6.90 6.90 7.06 6.23 6.23 6.23 5.43 4.43 4.43 4.43 3.43 (1.00) Administrative Services 19.15 18.15 19.68 21.02 20.35 20.35 19.35 19.35 19.40 21.40 24.60 3.20 Community Development 13.85 13.85 15.18 15.18 17.85 15.85 14.85 13.85 13.85 12.85 13.85 1.00 Fire 18.00 18.00 18.00 22.00 21.25 24.25 24.00 24.00 24.50 25.50 28.50 3.00 Police and Communications 56.25 54.25 54.50 54.50 54.50 55.50 53.75 54.75 54.25 54.25 55.25 1.00 Library 6.38 6.38 6.63 6.63 6.55 6.55 6.55 6.55 6.55 6.55 6.55 0.00 Public Works, Streets & Roads, Landscaping 31.25 31.75 31.75 31.75 30.80 30.80 30.80 30.80 30.80 34.30 36.30 2.00 Transportation & Parking 30.50 31.00 31.00 31.00 33.00 31.00 31.00 31.00 31.00 39.50 39.50 0.00 Fleet Maintenance 13.00 13.00 13.00 13.00 13.00 12.00 12.00 12.00 12.00 12.00 11.00 (1.00) Facility Maintenance 20.00 20.00 20.00 20.00 20.00 20.00 20.00 18.00 16.00 16.00 17.00 1.00 Capital Projects 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Full -Time Regular 216.28 213.28 216.80 221.31 223.53 222.53 217.73 214.73 212.78 226.78 235.98 9.20 N 0 Fixed Term Employees Administrative Services - 1.00 - - - - 0.50 0.00 Community Development 6.00 6.00 5.00 4.00 4.00 0.50 - 0.00 Fire 1.00 2.00 2.00 2.00 2.00 - 0.00 Police and Communications 1.48 3.48 148 148 100 - 0.00 Public Works, Streets & Roads, Landscaping 1.75 1.63 1.63 1.63 1.50 1.50 - 0.00 Capital Projects 1.25 1.63 1.63 1.63 1.50 - - 0.50 0.50 0.00 Document Imaging 0.75 0.75 0.75 1.00 1.00 1.00 1.00 1.00 1.00 1.00 - (1.00) Total Fixed -Term 12.23 16.49 14.49 13.74 13.00 3.00 1.00 1.50 2.00 1.00 0.00 (1.00) Externally Funded Employees Police and Communications 6.50 8.00 9.00 9.00 9.00 10.00 10.00 10.00 10.00 10.00 9.00 (1.00) Total Externally Funded 6.50 8.00 9.00 9.00 9.00 10.00 10.00 10.00 10.00 10.00 9.00 (1.00) Total Full -Time Employees 235.01 237.77 240.29 244.05 245.53 235.53 228.73 226.23 224.78 237.78 244.98 7.20 - t8_ TOWN OF VAIL 2015 BUDGET TEN -YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT 2015 Positions 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 1 Chanae - t9_ Seasonal Positions - Funded by TOV Town Officials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services 0.98 1.04 0.59 1.19 1.94 1.94 1.94 1.94 1.94 1.94 1.69 (0.25) Community Development 0.00 0.00 0.00 1.25 0.25 0.00 0.00 0.25 0.25 0.25 0.25 0.00 Fire 1.51 1.68 7.20 7.20 10.20 10.20 12.70 13.70 13.70 12.70 9.61 (3.09) Police and Communications 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Library 2.48 2.48 1.70 1.70 1.70 1.70 1.70 1.70 1.70 1.70 2.20 0.50 Public Works/ Streets & Roads /Landscaping 8.69 8.94 11.42 11.90 12.86 10.46 10.46 10.94 12.38 9.14 8.64 (0.50) Transportation & Parking 23.24 22.78 25.31 26.70 25.70 27.46 27.46 27.46 27.46 20.30 19.84 (0.46) Fleet Maintenance 0.00 0.00 0.00 0.00 0.00 0.25 0.25 0.25 0.25 0.00 0.00 0.00 Facility Maintenance 1.33 1.36 1.38 1.38 1.38 1.38 1.38 1.38 1.38 0.92 0.92 0.00 Total Seasonal / Part-Time 38.23 38.28 47.60 51.32 54.03 53.39 55.89 57.62 59.06 46.95 43.15 (3.80) All FTE's (Full -Time Equivalents) Town Officials 6.90 6.90 7.06 6.23 6.23 6.23 5.43 4.43 4.43 4.43 3.43 (1.00) Administrative Services 20.13 20.19 20.27 22.21 22.29 22.29 21.29 21.29 21.84 23.34 26.29 2.95 Community Development 19.85 19.85 20.18 20.43 22.10 16.35 14.85 14.10 14.10 13.10 14.10 1.00 Fire 20.51 21.68 27.20 31.20 33.45 34.45 36.70 37.70 38.20 38.20 38.11 (0.09) N 0 Admin 3.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 Patrol 28.98 30.48 31.00 31.25 31.00 28.00 27.00 28.00 28.00 28.00 28.00 0.00 Investigation 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 0.00 Records 5.25 5.25 5.50 5.25 5.50 5.50 4.75 4.75 4.25 4.25 4.25 0.00 Dispatch 22.00 23.00 23.48 23.48 23.00 25.00 25.00 25.00 25.00 25.00 25.00 0.00 Police and Dispatch Total 64.23 65.73 66.98 66.98 66.50 65.50 63.75 64.75 64.25 64.25 64.25 0.00 Library 8.86 8.86 8.33 8.33 8.25 8.25 8.25 8.25 8.25 8.25 8.75 0.50 Public Works, Streets & Roads 41.69 42.32 44.80 45.28 45.16 42.76 41.26 41.74 43.18 43.44 44.94 1.50 Transportation & Parking 53.74 53.78 56.31 57.70 58.70 58.46 58.46 58.46 58.46 59.80 59.34 (0.46) Fleet Maintenance 13.00 13.00 13.00 13.00 13.00 12.25 12.25 12.25 12.25 12.00 11.00 (1.00) Facility Maintenance 21.33 21.36 21.38 21.38 21.38 21.38 21.38 19.38 17.38 16.92 17.92 1.00 Ca ital Pro ects / Fixed Term 3.00 2.38 2.38 2.63 2.50 1.00 1.00 1.50 1.50 1.00 0.00 1.00 Total FTE's 273.24 276.05 287.88 295.37 299.56 288.92 284.62 283.85 283.84 284.73 288.13 3.40 - t9_ Full -Time Regular Employees Fee Based Health Insurance Group Term Life and Accidental Death Insurance Long -term Disability Insurance Survivor's Life Insurance Short -term Disability Insurance Ski Pass / Fitness Sworn Officer Death and Disability Insurance Subtotal Fee Based Payroll Based Pension Contribution Medicare Workers' Compensation Insurance Unemployment Compensation Insurance Subtotal Payroll Based Total Full -Time Benefits Part-Time and Seasonal Employees Fee Based Ski Pass / Fitness Ski Pass / Fitness - Boards Mini -Med Program Health Insurance Payroll Based Pension Contribution Medicare Workers' Compensation Insurance Unemployment Compensation Insurance Subtotal Payroll Based Total Part-Time and Seasonal Benefits Total Benefits - All Employees Town of Vail Employee Benefits 2013 1.50% 2014 1.50% 2015 1.50% Actual % Salary Budget % Salary Proposed % Salary 3,000,000 20.42% 3,150,000 21.05% 3,378,571 20.81% 183,283 0.53% 74,000 0.49% 66,250 0.41% 0.30% 0.38% 53,000 0.35% 74,750 0.46% 4.93% 0.53% 74,000 0.50% 70,000 0.43% 15,814 0.14% 15,000 0.10% 20,000 0.12% 94,662 0.60% 85,000 0.57% 85,000 0.52% 35,421 0.51% 72,000 0.48% 80,000 0.49% 3,329,180 23.10% 3,523,000 23.54% 3,774,571 23.24% 1,936,323 14.52% 2,135,318 14.29% 2,343,981 14.43% 246,264 1.34% 194,722 1.30% 213,457 1.31% 186,853 1.37% 224,000 1.50% 272,900 1.68% 28,510 0.30% 44,800 0.30% 48,700 0.30% 2,397,950 17.53% 2,598,840 17.39% 2,879,038 17.73% 5,727,130 40.63% 6,121,840 40.93% 6,653,610 40.97% 84,559 3.70% 9,100 0.45% 3,000 0.30% 75,000 4.33% 75,000 4.66% 9,100 0.53% 9,100 0.57% 6,000 0.35% 471,429 29.29% 33,136 1.50% 25,998 1.50% 24,141 1.50% 30,635 1.45% 25,131 1.45% 23,336 1.45% 29,128 1.36% 26,000 1.49% 27,100 1.68% 4,444 0.30% 5,200 0.30% 4,828 0.30% 97,343 4.61% 82,329 4.74% 79,405 4.93% 194,002 9.05% 172,429 9.94% 634,934 39.45% 5,921,132 36.65% 6,294,268 37.71% 7,288,543 40.84% 11)4/2014 TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND EHOP balance included in ending fund balance - not spendable $ 690,000 $ 690,000 $ 690,000 $ 690,000 21 2013 2014 2014 2015 Comments Actual Budget Amended Projection Revenue Local Taxes: $ 21,999,999 $ 22,000,000 $ 23,100,000 $ 24,486,000 2014 5% increase from 2013 actual; then 6% increase in 2015 Sales Tax Split b/t Gen'I Fund & Capital Fund 59/41 62/38 62/38 62/38 Sales Tax 12,971,000 $ 13,640,000 14,322,000 15,181,000 Property and Ownership 4,227,966 4,465,000 4,353,500 4,301,000 2014 per County assessor's office; later years 5% in assessment year Ski Lift Tax 4,007,908 3,782,000 3,782,000 4,418,700 2015 5% incr. each year; YTD up 6% Franchise Fees, Penalties, and Other Taxes 1,083,169 1,041,550 1,116,550 1,158,779 2015 3% incr from 2014 Licenses & Permits 1,524,915 1,342,801 1,342,801 1,538,267 2015 15% increase from 2014 budget; flat with 2013 actual Intergovernmental Revenue 1,827,216 1,741,234 1,808,507 1,835,192 County stax, Road & Bridge Transportation Centers 4,170,065 3,839,680 3,839,680 4,023,264 5% increase from 2014 Mainly based on RETT mgmt fee; VLMD fee and VRA fee (flat); Volvo sponsorship Charges for Services 843,589 770,397 770,397 907,812 included Fines & Forfeitures 227,420 276,274 276,274 263,404 5 yr avg; then 2% Earnings on Investments 34,458 110,000 110,000 108,236 Based on 0.7% return Rental Revenue 918,691 840,896 840,896 903,087 3% increase every two years for employee housing 2015's Reimb from VVF - - - 135,000 Reimb from VVF for 2015's services beyond the $150K in -kind granted Miscellaneous and Project Reimbursements 400,877 107,000 121,000 148,000 Total Revenue 32,237,274 31,956,832 32,683,605 34,921,741 Total 2015 revenue increase: $2.2M from 2014 amended 6.8% Expenditures Salaries 13,829,733 14,749,617 14,766,817 15,788,036 2015: 4% merit; plus $150K added into TM budget for 1 % performance pool Overtime directly relating to 2015's services. Includes Police, Fire, and Public Works Benefits 4,855,709 5,189,962 5,189,962 5,774,964 2015 includes Affordable Care Act impacts S�5total Compensation and Benefits 18,685,442 19,939,579 19,956,779 21,788,900 N CSE at 2% increase from 2014 amended; add'I host program mgmt in info booth $30K; Gbptributions and Special Events 1,640,766 1,445,698 1,577,198 1,594,028 removed one -time $50K for Blue Grass startup funding; Removed one -time funding of Toronto Air Service and RRC Competitiveness Study ($50K) 2015's operating expenses 67,675 Includes workforce feeding ($13K), PR support, bus service fleet charges ($47.7K) All Other Operating Expenses 6,470,525 7,045,454 7,279,227 7,327,639 Heavy Equipment Operating Charges 2,187,170 2,365,254 2,365,254 2,365,917 Based on projected vehicle use Heavy Equipment Replacement Charges 586,199 553,826 553,826 592,884 Based on HEF replacement schedule 5 -year plan Dispatch Services 568,854 590,961 590,961 630,588 E911 Authority Board reduced staffing support by 1, and TOV %age use has increased Total Expenditures 30,138,956 31,940,772 32,323,245 34,367,63T Total 2015 expenditure increase: $2.OM from 2014 amended 6.3% Revenue Over (Under) Expenditures 2,098,318 16,060 360,360 554,110 2015 World Alpine Ski Championships (250,000) (250,000) _W (250,000) (250,000) 2015 Final year Pro - cycling event (75,000) (75,000) (75,000) (75,000) 2015 Nation's Event (375,000) (375,000) (375,000) (375,000) 2015 Final year Burton US Open (400,000) (400,000) (400,000) (400,000) 5 -year request Timber Ridge Investment (8,000,000) Investment in Timber Ridge deed restrictions Castle Peak Senior Care Facility - (200,000) 200,000) - (22,338) For overtime relating to 2015's - shouldn't be charged to DSF Revenue Net of Transfers & New Programs (7,001,682) (1,283,940) (939,640) (568,228) Beginning Fund Balance 23,403,652 16,401,970 16,401,970 15,462,330 Ending Fund Balance $ 16,401,970 $ 15,118,030 $ 15,462,330 $ 14,894,102 As % of Annual Revenue EHOP balance included in ending fund balance - not spendable $ 690,000 $ 690,000 $ 690,000 $ 690,000 21 TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND Expenditures by Type: 2013 2014 2014 2015 Municipal Services: Actual Original Amended Proposed Revenue 1,384,733 1,549,865 1,513,407 1,803,487 Local Taxes: 21,999,999 $ 22,000,000 $ 20,922,000 $ 22,000,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 59/41 62/38 62/38 62/38 Sales Tax 12,971,000 13,640,000 14,322,000 15,181,000 Property and Ownership 4,227,966 4,465,000 4,353,500 4,301,000 Ski Lift Tax 4,007,908 3,782,000 3,782,000 4,418,700 Franchise Fees, Penalties, and Other Taxes 1,083,169 1,041,550 1,116,550 1,158,779 Licenses & Permits 1,524,915 1,342,801 1,342,801 1,538,267 Intergovernmental Revenue 1,827,216 1,741,234 1,808,507 1,835,192 Transportation Centers 4,170,065 3,839,680 3,839,680 4,023,264 Charges for Services 843,589 770,397 770,397 907,812 Fines & Forfeitures 227,420 276,274 276,274 263,404 Earnings on Investments 34,458 110,000 110,000 108,236 Rental Revenue 918,691 840,896 840,896 903,087 2015's Reimb from VVF - - - 135,000 Miscellaneous and Project Reimbursements 400,877 107,000 121,000 148,000 Total Revenue 32,237,274 31,956,832 32,683,605 34,921,741 Expenditures by Type: 2,023,318 (58,940) 360,360 554,110 Municipal Services: (8,000,000) - - Town Officials 1,384,733 1,549,865 1,513,407 1,803,487 Administrative Services & Risk Management 3,764,430 4,131,954 4,176,412 4,494,974 Community Development & Housing 1,520,292 1,504,717 1,504,717 1,759,771 Police 4,472,651 4,826,818 4,905,091 5,096,446 Police Communications 568,854 590,961 590,961 630,588 Fire 3,538,994 3,563,971 3,563,971 3,966,997 Public Works & Streets 3,573,109 4,021,260 4,021,260 4,139,647 Transportation & Parking 5,018,469 5,421,167 5,434,367 5,845,336 Facilities 3,593,476 3,798,067 3,823,567 3,947,222 Library 850,311 832,758 849,758 875,323 Economic Development 1,928,637 1,774,234 1,939,734 1,807,840 Total Expenditures 30,213,956 32,015,772 32,323,245 34,367,631 Revenue Over (Under) Expenditures 2,023,318 (58,940) 360,360 554,110 Timber Ridge Buy -Down (8,000,000) - - Castle Peak Senior Center (200,000) - 2015 World Alpine Ski Championships (250,000) (250,000) (250,000) (250,000) Pro - cycling event (75,000) (75,000) (75,000) 2015 Nation's Event (375,000) (375,000) (375,000) (375,000) Burton US Open (400,000) (400,000) (400,000) (400,000) Transfer to Dispatch Services Fund - - - (22,338) Total Expenditures 39,238,956 33,115,772 33,623,245 35,489,969 Surplus Net of Transfers & New Programs (7,001,682) (1,158,940) (939,640) (568,228) Beginning Fund Balance 23,403,652 16,401,970 16,401,970 15,462,330 Ending Fund Balance $ 16,401,970 $ 15,243,030 $ 15,462,330 $ 14,894,102 EHOP balance included in ending fund balance - $ 690,000 $ 690,000 $ 690,000 $ 690,000 not spendable 11/4/2014 22 2015 Council Contribution Request Spreadsheet 2014 2014 Council- Approved TOWN OF VAIL FUNDING REQUEST Cash 2014 In -Kind In -Kind Staff Recommended Cash Staff Recommended In -kind 175,000 Police, PW, Fire, Full Time staff labor TIER I: Vail Brand Events 175,000 40,000 Bravo! Colorado Discounted k : $7.00/ performance plus 15 s cs at Fd Pk 2,100 New York Philharmonic Philadelphia Orchestra Dallas Orchestra Education & Community Engagement Vail Interfaith Chapel Free Concert Series Donovan Chamber Music Series Silver Oak & Twomey Series Other in -kind requests: Waiver banner fees Other in -kind requests: Parkin 85,000 250,000 Discounted k : $7.00/ per up to max of 50 w/VVF plus 15 spaces at Ford Park 85,000 - 250,000 85,000 7,500 25,000 86,700 1,225,000 85,000 200,000 25,000 Donovan Pavilion for 6 days & nights 10am day 1 - 10am day 3 21,000 50,000 50,000 10,000 National Repertory Orchestra 1,000 52,000 Vail Farmers' Market 8,000 PW support 4,500 Vail Jazz Festival 70,600 4,500 Donovan for 6 days & nts 8am day 1 - 10am day 6; reduced cleaning $250 Vail Valley Foundation 4,500 975,000 Vail International Dance Festival Hat Summer Nights Summer Go Pro Mtn Games TOTAL TIER I: VAIL BRAND EVENTS 45,000 11,250 4,500 27,500 $2,800 police services 2,800 Waive fees of $50 for banner at Cov'd Bridge & $1,000 for roundabouts Police, PW support, shuttle bus 12,000 321,600 500,000 52,400 Overflow parking for orchestra trailers estimated 46 days) 500,000 TIER II: EXTRAORDINARY EVENTS 1,000 3,500 5,000 Burtojn US Open WF�ro Cycling Event WF;::g015 Nations Event (Golden Peak) VVW15 World Alpine Ski Championships Bra Chicago Broadcast & Videography TOTAL TIER II: EXTRAORDINARY EVENTS 400,000 90,000 40,000 175,000 Police, PW, Fire, Full Time staff labor 40,000 375,000 4,500 100,000 250,000 5,000 29,400 72,000 1,000 1,200,000 1,000 40,000 6,000 50,000 TIER III: SERVICES 5,000 46,000 Colorado Ski Museum: Operating 42,000 rent & 2 person offices ace @ TRC 9,000 Colorado Ski Museum: Film production 2,800 Police, PW support, shuttle bus Colorado Ski Museum: Capital Grant 50% cost share 11,800 1,087,380 12,000 Betty Ford Alpine Garden: Operating 65,620 2 parking designated parking spaces 0 Ford Park 300 Betty Ford Alpine Garden: Capital Request Eagle River Watershed Council 62,000 Vail Valley Community TV /Ch5 80,000 Eagle Valley Childcare Eagle Valley Childcare : Capital improvement 45,000 15,000 - WF: Vail Valley Athlete Commission 6,000 Walking Mountains 50,000 Red Sandstone Elementary 15,000 25,860 TOTAL TIER III: SERVICES 300,620 9,300 52,640 10,000 TIER IV: LIFE LONG LEARNING 4,000 Vail Veterans 200,000 15,000 90,000 Starting Hearts 15,000 Vail Symposium 37,500 Peak Wellness 24,140 Vail Leadership Institute 7,360 Discover Well: Living Well Event 6,000 TOTAL TIER IV: LIFE LONG LEARNING 90,000 2015 Requests 2015 Cash Request 2015 In -Kind Request 2015 In -Kind Value Variance to PY Funding Staff Recommended Cash Staff Recommended In -kind 175,000 Police, PW, Fire, Full Time staff labor 50,000 175,000 40,000 375,000 150,000 375,000 150,000 250,000 Discounted k : $7.00/ per up to max of 50 w/VVF plus 15 spaces at Ford Park 2,100 - 250,000 85,000 25,000 86,700 1,225,000 85,000 200,000 25,000 1,200,000 86,700 50,000 50,000 10,000 2,500 52,000 10,000 8,000 10,000 10,000 8,000 10,000 4,500 Donovan for 6 days & nts 8am day 1 - 10am day 6; reduced cleaning $250 22,500 4,500 975,000 4,500 Donovan for 3 days & nts 8am day 1 - 10am day 3; reduced cleaning $250 11,250 4,500 75,000 2 parking designated parking spaces Ford Park Waive fees of $50 for banner at Cov'd Bridge & $1,000 for roundabouts 1,050 67,000 300 500,000 Overflow parking for orchestra trailers estimated 46 days) 500,000 67,000 1,000 3,500 5,000 63,240 1,000 90,000 40,000 PW support 5,000 40,000 4,500 100,000 5,000 29,400 72,000 1,000 1,000 1,000 6,000 50,000 6,000 5,000 46,000 27,500 $2,800 police services 2,800 27,500 2,800 Police, PW support, shuttle bus 35,000 11,800 1,087,380 12,000 467,500 79,700 145,900 319,900 19,300 20,000 400,000 1 Use of Soccor, RV and Chalet Rd parking lots; isn't there other in -kind? 400,000 175,000 Police, PW, Fire, Full Time staff labor 50,000 175,000 40,000 375,000 150,000 375,000 150,000 250,000 - 250,000 25,000 25,000 1,225,000 200,000 25,000 1,200,000 190,000 52,000 rent & 2 person offices ace a TRC 8,000 10,000 42,840 8,000 10,000 10,000 975,000 975,000 75,000 2 parking designated parking spaces Ford Park 300 9,380 67,000 300 500,000 500,000 67,000 Use of Donovan Pavilion 1 day for 3,500 5,000 63,240 90,000 10,000 90,000 50,000 5,000 50,000 1,000 1,000 1,000 6,000 6,000 50,000 50,000 20,000 12,000 12,000 1,888,000 11,800 1,087,380 840,080 8,300 20,000 15,000 - 45,000 7,500 50,000 VLMD Marketing Services 15,000 25,860 60,000 52,640 10,000 4,000 200,000 15,000 90,000 91,800 2015 Council Contribution Request Spreadsheet TOWN OF VAIL FUNDING REQUEST IN KIND Small Champions of Colorado ITaste of Vail / Lamb Cook -off / Rose Event 2014 60,431 2015 Requests 2015 Cash Request 2015 In -Kind Request 2015 In -Kind Value Variance to PY Funding Staff Recommended Cash Staff Recommended In -kind TOV buses & drivers "but only to BC parking areas, not up hill to BC 13,000 - 13,000 3,000 4 days usage of Dobson October 2015 5,285 3,000 2,642 4 weekends of free ice, use of Donovan 1 night; 1 pkq pass & 25 pkq coupons 31,455 - 10,106 free ice - 5 days in July and 5 days in late December 13,212 6,606 46 parking coupons for Sundays from 1/4 thru 4/12 not incl. Pres Wkd 1,150 1,050 In -kind use of Donovan pavilion for an event in October 3,500 3,500 3'Blue" parking passes 3,300 2,200 25 single day parking vouchers 500 500 54 prking vchers; 1 pass for auction; 9 days use of Welcome Ctr (Sun); Bus svc 1 da 2,700 11350 PW support: trash pickup, containers/sign, recycling 3,000 3,000 3,000 77,102 3,000 (GRAND TOTAL: COUNCIL CONTRIBUTIONS 1,912,220 162,131 3,783,500 383,602 1,351,280 2,451,780 N CD 2015 Contributions Please see the attached spreadsheet to coincide with the following background and recommendations. TIER I: VAIL BRAND EVENTS A. Bravo! Colorado BACKGROUND INFORMATION: Bravo! Vail Valley Music Festival is requesting a total of $249,000: $85,000 each for the Philadelphia Orchestra and the New York Philharmonic — Vail Residency programs. A new request this year is $50,000 support for the Dallas Orchestra. Bravo! is also requesting $10,000 for Education and Community Engagement programs, $10,000 for the free concert series at the Vail Interfaith Chapel, $4,500 for the Donovan Chamber Music Series (including an in -kind request for up to six full days usage of Donovan at a value of $21,000), and $4,500 for the Silver Oak & Twomey Series (including an in -kind request for three full days usage of Donovan at a value of $10,500). Reduced cleaning fees have also been requested for use at Donovan (value of $2,250). An in -kind contribution is also requested for discounted parking passes of $7.00 /performance in Ford Park ($10 normal rate), plus the 15 parking spaces at Ford Park for up to 20 concerts at an estimated value of $2,100. Waived banner fees at the round - abouts and Covered Bridge (value of $1,050) has been requested, along with overflow parking for orchestra trailers (estimated 46 days). STAFF RECOMMENDATION: Staff recommends a 2% increase on prior year's contribution ($170,000 in 2014) to the New York and Philadelphia Orchestras, totaling $173,400 ($86,700 each). Staff does not recommend the additional requests based on the annual operating expenses within the General Fund cannot support a large increase. The Ford Park parking situation is still developing, with an electronic reservation system in the works. The reserved spaces have caused many issues with the general public who are seeking public parking. Express bus service for volunteers is an efficient and effective option. Staff recommends in -kind use of Donovan for the Chamber Music Series, but without any waiver of cleaning fees as these are a hard cost to the Donovan Management Company. Staff does not recommend in -kind use of Donovan for the Silver Oak & Twomey Series because it is a fundraising event, with exclusive sale of tickets for entry. The waiver of banner fees is not recommended because it is a hard cost to the town. The town cannot support approximately 46 days of overflow parking for orchestra trailers. B. Bravo! Family Concert (National Repertory Orchestra) BACKGROUND INFORMATION: The Orchestra is requesting $1,000 to offset travel expenses, marketing and music purchases associated with their annual concert in Vail. Each season, they perform a free family concert at the Ford Amphitheatre in conjunction with Bravo! STAFF RECOMMENDATION: Staff recommends funding at $1,000 pending confirmation that the Vail concert will be held (the event was not held in 2014) based on the cultural benefit to the town and to draw families. This concert was previously funded in 2012 and 2013 at $1,000 per year. C. Vail Farmer's Market BACKGROUND INFORMATION: Vail Farmer's Market is requesting a cash contribution of $40,000 1 IJJ/2014 plus an in -kind contribution of $5,000 to cover the cost of services provided by the Town of Vail during the events (temp bus stop signs, parking signs, no -bike signs, cattle guards, cones and trash /recycling pickup). STAFF RECOMMENDATION: Staff recommends funding in -kind up to $4,500 (prior year's amount) but does not support the additional cash contribution. Historically the Farmer's Market has applied for funding through the Commission on Special Events and staff recommends that they continue to do so. Vail Farmer's Market received $35,000 cash funding from the Commission on Special Events in 2014. D. Vail Jazz Foundation BACKGROUND INFORMATION: The Vail Jazz Foundation is requesting a cash contribution of $100,000 to fund 50 performances presented in Vail over 12 weeks in the summer, including an opening night collaboration with Bravo!, the Jazz at Vail Square concert series (9 concerts), Jazz at the Market (10 concerts), Jazz at Kelly Liken on Sundays (10 concerts), Jazz After (3 concerts) following Bravo!, and Labor Day Weekend Jazz Party at Vail Square and the Marriott (seven performances). STAFF RECOMMENDATION: Staff recommends a 2% increase over prior year's contribution ($70,600), for a total of $72,000, consistent with the overall increase granted to town operations. While this event has become more established and successful in the past several years, staff does not support a 43% increase in financial assistance as requested. E. Vail Valley Foundation (VVF) BACKGROUND INFORMATION: The Foundation is requesting $77,500 of cash funding and $37,800 of in -kind for Vail Brand Events: Vail International Dance Festival; Hot Summer Nights and summer GoPro Mountain Games. *Please note that the VVF is also requesting funding of Extraordinary Events detailed in item G below. STAFF RECOMMENDATION: Staff recommends cash funding at a total of $73,500: Vail International Dance Festival contribution at $46,000 (a 2% increase from prior year's $45,000) and $27,500 (flat with prior year) toward Hot Summer Nights as requested. Staff recommends funding the in -kind requests as follows: Hot Summer Nights is granted up to $2,800 of police extra duty coverage as requested. Summer GoPro Mountain Games in -kind services limited to $12,000 due to maximum capacity of town resources. The $12,000 in -kind includes extra duty police coverage, event bus /shuttle support, water usage, sand bag distribution and trash clean -up. It does not include waiver of event fees, transportation and set up of bike features or the world cup climbing wall ballast. This event received $100,000 from the CSE in 2014. 11z1j/2014 TIER II: EXTRAORDINARY EVENTS F. Highline Sports & Entertainment / Burton US Open BACKGROUND INFORMATION: Highline is requesting $400,000 in cash to support the 2015 U.S. Open Snowboarding Championships event. This will be the third year of hosting this event in Vail. In -kind support is also requested for the use of parking facilities (Soccer Lot, RV Lot and Chalet Road). STAFF RECOMMENDATION: This request is too large to go through the Commission on Special Events annual process and is currently budgeted out of General Fund reserves. Staff is currently working with Burton to fulfill parking needs relating to load -in /out for the event. G. Vail Valley Foundation (VVF): Pro - Cycling Event, 2015 World Alpine Ski Championships and 2015 Nations Event BACKGROUND INFORMATION: The VVF is requesting $175,000 cash and $50,000 of in -kind funding for the US Pro - cycling Challenge. There are two requests relating to the 2015 World Alpine Ski Championships: $250,000 annual commitment (final year of a 5 year commitment) for the overall championships and $375,000 annual commitment (final year of a 4 year commitment) for the Nations Team Event to be held at Golden Peak. STAFF RECOMMENDATION: Staff supports the UCI 2.1 Pro - Cycling event, with $100,000 from the Vail Local Marketing District and $75,000 from the town's General Fund continent upon an event taking place within the Town of Vail. Staff also recommends that in -kind is limited to $40,000 for town event staff support, police extra duty coverage and public works support. Funding for the 2015 World Alpine Championships and the Nations Team Event were agreed upon previously and are currently included in the General Fund 2015 budget, out of fund balance reserves. In addition to cash funding, the town has also agreed to provide up to $150,000 of in -kind services such as police, fire and public works support. H. Bravo! Colorado: Chicago Broadcast & Videography BACKGROUND INFORMATION: Bravo! is requesting $15,000 to help fund a two -hour special to be broadcast in the U.S. and internationally. They hope to produce this recording annually. Another $10,000 is requested to help fund the development of video footage covering Bravo!'s artistic programs and services, venues as well as the Education and Community Engagement programming. The footage would be used in social media campaigns, online at bravovail.org and on the Festival's newly revitalized YouTube channel. STAFF RECOMMENDATION: Staff does not recommend funding this initiative as it is more in line with marketing and social media efforts rather than programming or an extraordinary event. 11)1/2014 TIER III: SERVICES I. Colorado Ski Museum BACKGROUND INFORMATION: The museum is requesting a cash contribution of $52,000 for general operating costs and in -kind of $8,000 (rent subsidy). The museum is also requesting $10,000 for a portion of the production of six 3- minute film segments that will feature Vail's ski racing history and heritage. The film segments will be made available to the Vail and Lionshead Welcome Centers and for entertainment in the big screens at Solaris during the 2015 Championships. A capital improvement request of $975,000 represents 50% of the total estimated project cost to expand and modernize the museum facility along with museum exhibits. Improvements would include a removal of the drop - ceilings for a more spacious feel, modern museum displays using newer presentation technology and a theater style viewing area for guests. STAFF RECOMMENDATION: Staff recommends funding the in -kind request for subsidized rent ($8,000) and a 2% increase from the prior year's cash contribution ($42,000 in 2014) consistent with the overall increase granted to town operations, for a total of $42,840. The town has already invested significant dollars in documentaries for the history of Vail skiing and does not recommend additional funding. Regarding the $975,000 capital request, staff feels it is premature to commit to funding based on the current status of the project and the significant amount requested from the town's capital budget. J. Betty Ford Alpine Gardens BACKGROUND INFORMATION: The Alpine Garden Foundation is requesting funding of $75,000 for general operations including education programs and conservation expenses. They are also requesting an in -kind contribution of the two designated parking spaces in Ford Park upper bench as in the past. In addition, they have requested a capital contribution of $500,000 to be used toward the construction of a 3,000 square foot education center. Total estimated cost of that project is $3.5 million, with $1.5 million pledged funds raised to -date. The Garden hosts thousands of visitors per year and has achieved World- premier status as a high altitude garden. STAFF RECOMMENDATION: Staff recommends a 2% increase over prior year's ($65,620) contribution, for a total of $67,000, consistent with the overall increase granted to town operations. Staff also recommends funding $500,000 capital contribution (out of the RETT fund) to be used for construction of an education center, contingent upon agreement for a number of days to be available to the Town for community education purposes, and establishing an adequate reserve for future maintenance of the facility. Staff also recommends that the town's contribution be the final amount paid out, once the remaining $3.0 million in project funding has been collected. The town has also supported the Alpine Gardens with a GoCo grant request for an additional $350,000 of funding toward construction. K. Eagle River Watershed BACKGROUND INFORMATION: The Eagle River Watershed is requesting $67,000 cash funding and an in -kind request for a one -day use of Donovan Pavilion (valued at $3,500) to hold a "Watershed Wednesday" public educational program. Of this request, $16,000 relates to the water quality monitoring of the Black Gore Creek; $12,000 for regional collaborative action monitoring; $20,000 for Gore Creek Riparian Restoration project; $4,000 for community education; $1,000 for the Eagle River Cleanup; $1,000 for the Community Pride Highway Cleanup; and $13,000 for 11JJ/2014 administration and support. STAFF RECOMMENDATION: Staff recommends a 2% increase over prior year's ($62,000) contribution, for a total of $63,240, consistent with the overall increase granted to town operations. (2014 funding of $86,000 included a carryover of $24,000 of unused funds for the Gore Creek Riparian project.) Staff recommends the in -kind use of Donovan for the "Watershed Wednesday" contingent upon availability. However, the ERWC will be responsible for hard costs for use of the Donovan Pavilion such as set -up, tear -down, cleaning and utilities. L. Vail Valley Community TV / Channel 5 BACKGROUND INFORMATION: Channel 5 is requesting approximately $80,000 (or 30 %) in franchise fees the Town of Vail receives annually from Comcast. In 2013 this amount was $88,134. TV5 would like to request retaining any amount above the $80,000 for the purpose of purchasing a high definition video production switcher and cameras to upgrade the current system. STAFF RECOMMENDATION: Staff recommends funding the franchise fee at 30% (same as in prior years), estimated at $90,000, with the intent of the additional $10,000 going toward the capital request. M. Eagle Valley Childcare (EVC) BACKGROUND INFORMATION: The EVC has requested a total of $51,000 of funding for 2015, with $50,000 to be used for operations and to subsidize Town of Vail child and infant care. The additional $1,000 would be used toward a capital improvement in the playground area (replacement of a slide to meet compliance requirements). The Childcare operating support has not been increased since 2009, when contributions were reduced by 10 %. The contribution in 2008 totaled $50,000. STAFF RECOMMENDATION: Because the town is a founding partner, staff recommends funding $50,000 for operations and the additional $1,000 capital improvement as a one -time grant. This childcare provider is an important service used by town employees, and is the only infant care provider in Vail and supports the Council's focus on a balanced community. Prior to the economic downturn, the town was funding this organization annually at $50,000. N. Vail Valley Athlete Commission (see backup for item E) BACKGROUND INFORMATION: The Athlete Commission is requesting a $6,000 cash contribution to support local athletes. The athletes are also funded by the Vail Valley Foundation and Vail Resorts. STAFF RECOMMENDATION: Staff recommends reinstating this support at $6,000 (this s the same amount of support given since 2009; the town previously contributed $10,000) in support of our athletes and for the international exposure for the Town of Vail. Vail Resorts is no longer a funding partner. Other partners include Beaver Creek Resort Company ($10,000) and Vail Valley Foundation ($10,000). 11JJ/2014 O. Walking Mountains Science Center BACKGROUND INFORMATION: The Walking Mountains Science Center is requesting a cash contribution of $50,000 for the following programs: $20K for interpretive and educational programs, $20K for the Actively Green 2015 certification program and $1 OK for the Energy Smart program. STAFF RECOMMENDATION: Staff recommends funding the $20,000 for a continuation of the Actively Green certification program, with the town's funding support only going to the businesses located within the towns' boundaries. The Town awarded $37,000 of funding for this program in 2014. Staff recommends using RETT funds for this program as it is in line with the town's environmental sustainability objectives. Staff does not recommend the request for $20,000 of general programming conducted by the Center, or the $10,000 in Energy Smart programs since the reach is well beyond Town of Vail. P. Red Sandstone Elementary School (RSES) BACKGROUND INFORMATION: Red Sandstone Elementary PTO is requesting $12,000 to help fund a capital improvement: replacement of the school's 30 -year old flooring in the entryway, office and hallways. The total project cost is estimated at $59,000. STAFF RECOMMENDATION: Staff does not recommend funding this request based on the premise that capital support should be provided by the school district and is not appropriate for Vail taxpayers to fund in addition to taxes paid to the district. TIER IV: LIFE LONG LEARNING Staff has not provided recommendations on the following requests, as they will be submitted to the Commission on Special Events for review. Their inclusion here is for informational purposes and feedback. The overall budget for 2015 is recommended at a 2% increase over the prior year, for a total of $91,800. Q. Vail Veterans Program BACKGROUND INFORMATION: Vail Veterans Program is requesting $20,000 to support the winter family programming, which includes ground transportation, lodging, adaptive equipment, meals, supplies, and lessons all purchased at local Vail businesses. This request represents 5.7% of the total program budget ($350,000). During winter program events, severely wounded veterans and their families stay in Vail for 8 days and participate in life- altering learning of adaptive skiing /snowboarding skills. R. Starting Hearts BACKGROUND INFORMATION: Starting Hearts is requesting $15,000 cash to continue the "CALL.PUSH.SHOCK" education programs conducted in Vail. The sessions focus on targeted groups of local residents such as hotel personnel, retail employees, real estate agents, schools and homeowner associations, as well as community events like the GoPro Games. 113/x/2014 S. Vail Symposium BACKGROUND INFORMATION: The Vail Symposium is requesting $45,000 to help fund the Winter 2015 season events, including 15 -20 programs with approximately one program presented per week between December 1 — April 31 s`. The season will include discussions on pertinent local and global issues, a Financial Series, and the return of both the Unlimited Adventure and Living at Your Peak Consciousness series. T. Peak Wellness Retreat BACKGROUND INFORMATION: The Peak Wellness Retreat is requesting $50,000 of cash and $15,000 of marketing services from the Vail Local Marketing District to support 5 and 10 -day wellness programs designed for destination guests. U. Vail Leadership Institute BACKGROUND INFORMATION: The Vail Leadership Institute is requesting a cash contribution of $60,000 for the Lifeline Learning Programs, broken down into the following areas: $15K for Applied Leadership Series (to bring in national and international thought leaders to Vail); $25K for the continuation of the Higher Learning Partnerships program; $1 OK for the Annual Forum; and $1 OK for the development of a Vail Leadership Magazine. V. DiscoverWell: Living Well BACKGROUND INFORMATION: DiscoverWell is requesting a cash contribution of $10,000 to support the Vail Living Well Forum for Optimum Health, an event that convenes participants with renowned researchers in health and well -being to collectively discuss and experience the latest developments and recent breakthroughs in evidence -based prevention. IN -KIND REQUESTS W. Vail Valley Foundation (VVF): Birds of Prey BACKGROUND INFORMATION: The Foundation is requesting $13,000 of in -kind for the Birds of Prey event for bus service (buses and drivers). STAFF RECOMMENDATION: Staff recommends Birds of Prey bus service be capped at $13,000 with transportation limited to the Beaver Creek parking areas. X. Ski & Snowboard Club of Vail BACKGROUND INFORMATION: The Ski & Snowboard Club of Vail has requested cash funding of $3,000 and in -kind funding (valued at $5,285) for 4 days of ice for their annual Ski & Snowboard Swap event to be held in October, 2015. STAFF RECOMMENDATION: Staff does not recommend cash funding, but does recommend funding the in -kind request for two days (out of four requested) with appropriate approval and coordination with the Vail Recreation District. The Ski & Snowboard Club will be responsible for hard costs for use of the Dobson Arena such as set -up, tear -down, cleaning and utilities. Two days are recommended at this time because the town is currently recruiting participatory sporting events and may need to use some of our allocated days to offset costs for those groups. However, if there 1111/2014 are enough available days remaining prior to this event, staff recommends providing the full amount of days (days will be released by August 1, 2015). Y. Vail Junior Hockey Association BACKGROUND INFORMATION: The Vail Junior Hockey Assn. is requesting in -kind funding for 12 days of ice valued at $15,855 (3 weekends during November, 2015 and one weekend in January, 2015) and use of the Donovan Pavilion on four separate days (valued at $14,000). In addition, they are requesting one parking pass for the Director of Hockey ($1,100) and 25 one -day parking coupons ($500) for tournament participants (November 20 -22, 2015). STAFF RECOMMENDATION: Staff recommends providing 5 days of ice time (out of 9 requested), subject to approval and coordination with the Vail Recreation District for the ice time. Staff recommends waiving the fee for a one day use (not the four requested) Donovan Pavilion for Monday- Thursday use, contingent upon approval and coordination with the Donovan Management Company regarding availability. However, the Hockey Assn. will be responsible for hard costs for use of the Dobson Arena and Donovan Pavilion such as set -up, tear -down, cleaning and utilities. The reduced days relate to the town's need for ice time as mentioned in item "X ". However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days. The parking request is estimated at a cost of $1,600. Staff does not support an increase from the prior year's contribution. Z. Skating Club of Vail BACKGROUND INFORMATION: The Skating Club of Vail has requested in -kind funding of 10 days of ice valued at $13,212 for two separate competitions: Vail Invitational Championships in July 2015 and the Holiday Ice Shows in late December, 2015. STAFF RECOMMENDATION: Staff recommends providing 5 days of ice time (out of 10 requested) subject to approval and coordination with the Vail Recreation District. The Skating Club will be responsible for hard costs for use of the Dobson Arena such as set -up, tear -down, cleaning and utilities. The reduced days relate to the town's need for ice time as mentioned in item "X ". However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days (days will be released by August 1St 2015). AA. Special Olympics BACKGROUND INFORMATION: The Special Olympics is requesting an in -kind contribution of 46 parking vouchers valued at $1,150 from January 4, 2015 through April 12, 2015. The days requested are Sundays not including President's weekend. STAFF RECOMMENDATION: Staff recommends funding this in -kind request as in prior years for the Lionshead parking structure only, with one -time entry /exit coupons (total of 46). AB. Eagle River Youth Coalition BACKGROUND INFORMATION: The Youth Coalition is requesting an in -kind use of Donovan Pavilion (valued at $3,500) to host the organizations largest fundraising event "Valley Tastings: Food for Youth" in October 2015 as in the past two years (at a discounted rate). The in -kind donation would maximize the fundraising efforts and re- direct those dollars to the organization's programming. STAFF RECOMMENDATION: Staff recommends waiving the fee for a one day use of Donovan Pavilion on a Monday- Thursday, contingent upon approval and coordination with the Donovan 1 IIJ/2014 Management Company regarding availability. However, the Eagle River Youth Coalition will be responsible for hard costs for use of the Donovan Pavilion such as set -up, tear -down, cleaning and utilities. AC. Foresight Ski Guides BACKGROUND INFORMATION: Foresight Ski Guides is requesting three blue parking passes (valued at $3,300) for the 2014- 2015 ski season. Foresight provides parking to volunteer guides, half of which drive from Denver who need to be parked and ready to meeting their visually impaired participants by 8:30am. Local guides usually take public transportation and /or carpool. Foresight provides challenging recreation opportunities to visually impaired participants (adults and children) and guides. STAFF RECOMMENDATION: Staff recommends providing two blue passes, as was approved in the past several years. AD. SOS Outreach BACKGROUND INFORMATION: SOS Outreach is requesting 25 parking vouchers (valued at $500) for the 2014/15 ski season to be used by program coordinators hauling gear to and from the mountain for the winter skiing and snowboarding programs for underserved youth. STAFF RECOMMENDATION: Staff recommends providing 25 parking vouchers for the 2014/15 ski season to be used by program coordinators. AE. Small Champions of Colorado, Inc. BACKGROUND INFORMATION: Small Champions of Colorado is requesting in -kind services for 6 parking vouchers to use on nine winter Sundays (valued at $1,350). In addition they are requesting a parking pass valued at $1,100 to use for their annual golf tournament silent auction. This will help with fund raising and provide a meeting space for the small champions and their families. Small Champions is also requesting to renew their agreement to use the Lionshead Welcome Center as a meeting location on the same off -peak 9 Sundays from 9am -10am and 2:30pm -3pm and bus service for one day (Tuesday) (valued at $250) in June for the summer camp event they host with the Vail Recreation District for children with disabilities. STAFF RECOMMENDATION: Staff recommends the parking vouchers to be used on winter Sundays, as well as continuing to use the Lionshead Welcome Center as a meeting location on those same off -peak Sundays. Staff does not recommend the parking pass or bus service in June due to bus service already at peak levels. AF. Taste of Vail Lamb and Apres Cook -off BACKGROUND INFORMATION: The Taste of Vail is requesting in -kind services of $3,000 for the Lamb Cook -off and Rose Event for trash and recycling services. This includes compost and garbage coverage for event receptacles, cleanup of pathways and roads, and ensure trash containers are taken care of during the event. STAFF RECOMMENDATION: Staff recommends funding this in -kind request for event visitors only (food vendors must provide their own trash cans), with an estimated cost of $3,000. The Taste of Vail received $37,500 of cash funding from the CSE in 2014. 11/1/2014 TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Increased cost from prior 5 -year plan Forecast Revisions /newly added project 2014 2015 2016 2017 2018 2019 &Elaceholder items Revenue Total Sales Tax Revenue: $ 23,100,000 $ 24,486,000 $ 25,710,000 $ 27,000,000 $ 28,350,000 $ 29,760,000 2015 6% incr from 2014 amended; then 5% per year Sales Tax Split between General Fund & 62138 62138 62138 62138 62138 62138 Capital Fund Sales Tax - Capital Projects Fund $ 8,778,000 1,800,000 240,000 $ 9,305,000 $ 9,770,000 $ 10,260,000 $ 10,773,000 $ 11,310,000 Use Tax 1,800,000 1,854,000 1,909,620 1,966,918 2,025,953 2015 flat with 2014 forecast; 2014 YTD pacing 26% up from 2013 Federal Grant Revenue 240,000 544,800 2014 -2016: Bridges at Nugget Lane and Bridge Rd Other State Revenue 475,000 356,000 CDOT share of funding for 1 -70 Underpass study Lease Revenue 197,295 197,295 197,295 197,295 202,227 202,227 Per Vail Commons commercial (incr. every 5 years) and residential leases Project Reimbursement 272,200 - - _ _ - 2014 Mobile Comm Van cost sharing; $170K Holy Cross LED lighting grant; $29K NWCOG grant to fund Emergency Ops Center at W Vail Fire Stn. TRAHC repayment 494,466 494,466 494,466 494,466 494,466 494,466 Principal and interest on loans to TRAHC Earnings on Investments and Other 36,229 103,654 149,281 1 113,680 133,647 153,416 10.7% rate assumed Total Revenue 12,293,190 12,496,415 13,009,842 12,975,061 13,570,258 14,186,063 Expenditures Maintain Town Assets Bus Shelters 30,000 30,000 30,000 30,000 30,000 30,000 Annual maintenance Parking Structures 620,000 680,000 675,000 690,000 690,000 690,000 2015 - 2019 various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs 2015 update: overall increase of $179K over 5 years. 2015 - 2019 various repairs to town buildings including the Facilities Capital Maintenance 603,563 541,760 319,125 359,625 425,000 346,750 upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc), and mechanical 5,000 5,000 5,000 equipment (boilers, air handlers, etc). Donovan Park Pavilion 58,670 500,000 5,000 2015: to change ventilation & improve noise, which includes a protective structure on the outside of the building; re lace heating /air system and $50K furniture replacement; Re- finished floors in 2014 Street Light Improvements 296,000 25,000 25,000 25,000 25,000 50,000 New street lights and to refurbish residential lighting ; Annual maintenance reduced for four years due to upgrade 981,200 1,116,500 1,337,600 1,175,900 1,333,200 oroiect in 2014 C11 Street Maintenance 1,161,600 On -going maintenance to roads and bridges including asphalt overlays, patching and repairs; Cost increases based _ _ _ _ on recent pricing Ced Bridge Structural Repairs _ Repairs to steel structure underneath the bridge to remove rust and re- protect, which also involves working around large pipe under the bridge. The bridge's wood flooring is being replaced in 2014 Use $148K of reimbursement from ERWSD collected in 2012 to continue flood repair projecst; Replacement of Flct incident repairs 105,436 - - - - - Bighorn Creek culvert along Spruce Way to coincide with ERWSD relocation of water main infrastructure at same location Fire Truck Replacement 620,900 - - - 2014 replace pumper truck from 1999 2014 includes $120K for 24 new cameras in preparation for the 2015's plus $10K for annual capital maintenance of 89 Town -wide camera system 130,000 22,000 22,000 22,000 22,000 22,000 cameras already throughout town (includes municipal public buildings; 6 cameras currently in Vail Village). 2015 - 2019 includes $22K per year for replacement of cameras and equipment; Recorders cost $7 -8K each; cameras range 29,937 18,000 18,000 18,000 18,000 18,000 from $800 - $3800 each; Audio - Visual capital maintenance $18K annual maintenance / replacement of audio - visual equipment in town buildings such as Donovan, Municipal 69,979 68,000 30,000 30,000 30,000 30,000 building, Grand View, LH Welcome Center, etc. Document Imaging Annual maintenance, software licensing, and replacement schedule for scanners and servers. Includes 38K for software platform upgrade in 2015. Upgrade Microsoft products on all equipment; renew licenses in future; Increased costs from vendors; $3K per year Software Licensing 48,000 60,000 51,000 51,000 51,000 51,000 increase from original 5 year plan due to additional software products; 2015 includes $9K for property and evidence 185,000 168,000 150,000 50,000 50,000 50,000 room software one -time expense Hardware Purchases Scheduled rotation of PCs, printers and servers; 2015 replacement of three GIS printers/scanners; Two additional 10,000 - - Sim livity Omnicube nodes in 2015 and 2016 at a cost of $45K each Copier Replacement Replace 8 year old equipment with color copier, printer, fax and scanner Data Center (Computer Rooms) 15,000 - 1,000,000 15,000 15,000 15,000 2016: Remodel / Retrofit upper and lower computer rooms ( power, heating / cooling, fire suppression ). Possible relocation into a combined room (at PD? Website and e- commerce 42,000 12,000 12,000 12,000 12,000 12,000 Internet security & application interfaces; website redevelopment (2014); includes $550 /month for web hosting svcs Comm Dev ArcGIS System 14,000 Web access to town GIS information similar to County's website GIS product) Fiber Optics / Cabeling Systems in Buildings 92,726 15,000 15,000 15,000 15,000 15,000 2014: $52K to install 26 TOV -owned "nodes" for fiber being laid by Crown Castle on our behalf; 24 of these link to the 72,000 requested cameras throughout town. 2015 - 2019: to repair, maintain & upgrade cabling /network Infrastructure Network upgrades 40,000 30,000 30,000 30,000 30,000 Computer network systems - replacement cycle every 3 -5 years; 2015 replacement of switches and routers Phone System Infrastructure 116,602 Replace infrastructure for 15 -year old phone system Business Systems Replacement 190,218 - _ _ _ _ Community Development permitting software project and $58.9K for remainder of Finance system project such as implementation of ecommerce, additional training, human resource reporting on healthcare reform, etc. Public Safety System 50,000 50,000 50,000 50,000 50,000 50,000 Annual capital maintenance of "County -wide "Computer Aided Dispatch/Records Mgmt System'; includes patrol car Public AM Radio 5,900 - _ _ _ _ Upgrade AM1610 equipment to make operational (the station has been down for approx. 1 year); This channel provides road and parking conditions, etc. to the public TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Increased cost from prior 5 -year plan Forecast Revisions /newly added project 2014 2015 2016 2017 2018 2019 * Placeholder items Transit Center Generator 200,000 Replacement of generator at the Vail Village transit center; includes re- landscaping and re- wiring. Police E- ticketing system 35,000 Electronic ticketing system; reduces data entry done by officers to record physical tickets; will interface with Full Court Total Maintenance 4,590,131 3,428,260 3,769,725 2,564,225 2,643,900 2,747,950 Enhancement of Town Assets CDOT Required parking 218,000 Required parking improvements along the frontage road to enhance guest safety Vail Village Info Booth 1,536,383 Remodel, including addition of restrooms and guest enhancements Guest Services Enhancements/Wayfinding 3,161,947 Guest Service / Wayfinding enhancements outside of VRA district East Vail Fire Station 1,500,000 Renovation of East Vail fire station; Generator is most urgent ent issue; Duty quarters have sewa a /drain a problems; Energy Enhancements 551,124 - 4,825,000 700,000 - 4,420,000 _ - 4,630,000 Implementation of energy audit enhancements; includes LED lighting project with shared cost of $170K from Holy Neighborhood Road Reconstruction 25,000 450,000 208,000 Overall increase of $318K across 5 years for the following projects: East Vail roads; $25K for design and $450K in Neighborhood Bridge Reconstruction 300,000 300,000 1,000,000 Nugget Lane and Bridge Rd bridges design in 2014/2015 and construction in 2016/2017; also partial funding from federal grants. Parking Entry System / Equipment 600,000 Replace arking system in both structures (LH parking structure system had been scheduled for replacement in Radio Equipment replacement 176,000 - - - 600,000 - Previously $693K budgeted in 2014 for replacement of approximately 59 radios for PW, PD and Fire. Adjusted to only include radios purchased over 12 years ago (in 2008 the town replaced a number of radios; these will not be replaced until 2018) Bus Camera System Installation of software and cameras in buses; Have not done RFP as et; lead time one month Hybrid Bus Battery Replacement 440,000 - - - Scheduled replacement: 1 in 2013; 7 in 2014; Estimated life of 6 years Replace Buses Municipal building remodel Public Works Shops & Maintenance Buildings 60,002 - - 1,500,000 3,524,000 - - - 2,804,400 - _ 2014: ADA van for on -call pickups; 2016: 8 buses scheduled for replacement ($440.5K per bus); 2018: 6 buses scheduled for replacement ($467.4K per bus) Planning for redevelopment of the municipal building; construction current listed on unfunded sheet Expansion and remodel based on approved master plan for the Public Works shop complex Timber Ridge Legal /Zoning 15,604 Consultants, legal, etc. related to potential redevlopment project Timber Ridge Redevelopment 225,000 - - - - Total Enhancements 7,309,060 2,600,000 6,232,000 5,525,000 7,824,400 19,630,000 P rty Tax Increment - Reserved Reserve for unidentified projects NeiAAssets M i ipal Redevelopment 43,343 - - - - - Legal / planning / negotiations with VVMC Frnage Road improvements (VRA) - 3,000,000 - Previously in 2014; pushed to 2015; From LH Parking structure to Municipal building to complement the new LH parking structure entry; funded by VRA (see transfers below) Ch&Aonix Housing Development 12,550 2014: update Housing Market Study; 2015 placeholder for infrastructure 1 -70 Underpass (VRA) 1,631,586 1,000,000 2,200,000 2,200,000 2014 Feasibility study - funded by VRA; CDOT sharing 50% of costs (see revenue above); 2015 -2017 is the town's portion of this project since we were awarded RAMP funding from CDOT East LionsHead Portal (VRA) 68,887 - _ _ _ _ Final bills; remaining items include landscaping in the spring; repairs to a paver area because holding water; Funded by the Vail Reinvestment Authority (East LH Circle) West LionsHead Portal (VRA) 25,000 Final bills; Funded by the Vail Reinvestment Authority (Concert Hall Plaza) Lionshead Parking Structure Entry (VRA) 2,164,962 Improve entry area into LH parking structure including booth attendant stations. Reimbursed. by VRA Lionshead Medians (VRA) 50,000 Median construction from LH parking structure to Vail Spa East LH Circle pathway to Dobson (VRA) - 100,000 790,000 Improve connection from the E LionsHead bus stop to Dobson; Per Council 9/16114 push out one year pending Evergreen/VVMC projects;planning /design in 2016 Dobson Plaza (VRA) 100,000 975,000 Redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts); planning /design in 2016; Buy-down Program 402,118 Buy -down Program Funded by Pay -in -Lieu 684,814 Carry forward current balance of program funding: Housing funded directly by Pay -in -Lieu fees collected from developers Mobile Communications Vehicle 321,000 Total New Assets: 5,404,260 5,250,000 2,400,000 3,965,000 Total. Expenditures 17,303,451 11,278,260 12,401,725 12,054,225 10,468,300 22,377,950 Other Financing Sources (Uses) Loan to Timber Ridge (TRAHC) - - Loan to Timber Ridge Affordable Housing Corporation to re- finance debt Transfer from Vail Reinvestment Authority 4,290,435 4,250,000 4,015,000 2,250,000 50,000 50,000 2014:1-70 underpass $1.6M; and LH Welcome Center $68.9K; LH Parking structure entry $2.2M, parking equipment at LH $300K; $50K LH Medians; $25K East LH Portal and annual LH parking structure capital maintenance $50K. Transfer from Dispatch Fund 16,800 - - - - - Transfer from Dispatch for Radio Tower project Transfer from Debt Service Fund 21,311 - - - - - Transfer remaining balance in the Debt Service Fund Transfer to RETT Transfer to RETT for Golf Clubhouse project Revenue Over (Under) Expenditures 681,715 5,468,155 723,117 3,170,836 3,151,958 8,141,887 Beginning Fund Balance 15,789,376 15,107,661 20,575,816 21,298,932 24,469,768 27,621,726 Ending Fund Balance 15,107,661 20,575,816 21,298,932 24,469,768 27,621,726 19,479,839 TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Increased cost from prior 5 -year plan Revisions / newly added project 2019 Placeholder items YTD 2014 is pacing ahead of 2013 at this time by 14% (2013 was $4.725); 2015 and later 6,891,000 years proposed at a 5% increase. 2016/17 may see an additional increase from Strata which is not built in at this time Forecast 2014 2015 2016 2017 2018 Revenue Real Estate Transfer Tax Golf Course Lease 5,400,000 132,014 5,670,000 5,953,000 6,251,000 6,563,000 134,654 137,347 140,094 142,896 145,754 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account" (accompanying expenditure listed below) Intergovenmental Revenue 119,900 20,000 20,000 720,000 20,000 20,000 $20K Lottery fund proceeds; 2014 $99.9K CDOT grant for water quality vaults; 2017 $700K CDOT TAP Grant for water quality improvements Project Reimbursements 1,165,000 VRD portion for Golf Course Clubhouse construction Recreation Amenity Fees 10,000 10,000 10,000 10,000 10,000 10,000 Earnings on Investments and Other 33,712 28,595 28,861 24,298 40,143 62,480 0.7% rate assumed Total Revenue 6,860,626 5,863,250 6,149,208 7,145,393 6,776,039 7,129,234 Expenditures Maintain Town Assets 1,603,001 283,500 Annual Park and Landscape Maintenance 1,430,514 1,596,000 1,632,000 1,672,000 1,713,500 Ongoing path, park and open space maintenance, project mgmt; 2015 increase due to estimated healthcare reform impacts ($95K); otherwise 2% increase in operations Management Fee to General Fund (5%) 195,000 297,650 312,550 328,150 344,550 5% of RETT Collections - fee remitted to the General Fund for administration Tree Maintenance 65,000 65,000 65,000 195,000 229,500 325,000 10,000 150,000 65,000 234,090 25,000 65,000 238,772 25,000 65,000 243,547 10,000 Regular maintenance for tree health within the town (spraying, removing, new trees); scale spraying on town -owned property at approx. $120 per tree; Initiating tree - planting program for lost trees Forest Health Management Full time wildland coordinator as approved in 2014 (70% charged to Forest Hlth); Pine beetle mitigation in conjunction w/ forest service; Wildfire prevention measures Str� Furniture Replacement 2014 increased requests for bike racks and benches throughout town; also includes annual replacement or capital repairs; 2014 forecasting for recycling containers estimated at $250K G16aiyon Rec Path Bridge Re- decking of recreation path bridge; structural repairs & railings; too large a project to include in annual rec path captial maintenance Alp-I`e Garden Support 65,620 67,000 68,340 69,707 71,101 72,523 Annual operating support of the Betty Ford Alpine Gardens; assumes 2% increase per year Alpine Garden Education Center Request Part of Council Contribution discussion Eagle River Watershed Support 86,000 63,240 64,505 65,795 67,111 68,453 Annual support of the Eagle River Watershed Council programs; assumes 2% increase per year West Vail Community Garden Fencing 18,500 - _ _ - Council Contribution (off cycle) for installation of wildlife fencing around West Vail Community Garden Actively Green by 2015 Program 37,000 Council Contribution (off cycle) for continuation of this town -wide recycling education and certification program run by Walking Mountains; 2015 request for $50K part of Council Contribution discussion; staff recommending $20K Public Art - Operating 95,920 100,248 102,253 321,586 321,500 104,298 321,500 106,384 321,500 108,512 321,500 Art in Public Places programming Environmental Sustainability programs; 2014 increased by $250K for recycling education and rebate programs; 2015 includes new environmental planner position Environmental Sustainability 500,000 Total Maintenance 3,013,554 3,398,575 2,754,748 2,829,940 2,895,018 2,947,585 Enhancement of Town Assets Rec. Path Capital Maint 104,796 103,989 98,500 - 104,289 100,200 - 112,974 97,000 - 116,375 113,000 - 118,992 Capital maintenance of the town's recreation path system Park / Playground Capital Maintenance 128,838 94,500 ____ __,_ „__,_, ,_,_ Flood Incident repairs 847,795 - __.. _ ' Donovan Park Master Plan 5,000 - To separate and update the Donovan Park master plan from the Ford Park master plan Library Recreation Path Reconstruction 240,000 945,000 Reconstruction of the recreation path from the Vail Library to Lionshead, including 12 ft wide concrete trail, repairs to eroded culverts at Middle Creek and stream bank erosion repair (50 ft. section); Per Council 9/17/13, do planning /design in 2014 and construction in 2015 Streambank/tract mitigation 1,684,834 - Pending Eagle River Water District study results; Includes estimates for streambank repairs (from water to bank) and riparian repairs (from bank to land area and revegetation) Water Quality / Storm Water 449,900 Would accompany repairs made with streambank/tract mitigation for storm water and culverts; 2014 includes $99.9K CDOT grant for water vaults Vail Interchange Improvements a Park - temporary Lanes: N. Fig Rd Lanes: S. Ftg Rd Park Safety Improvements lens Park Safety Improvements :hr Creek Park Safety Improvements Park Fob 2014 F 2015 260,000 500,000 200,000 450,000 379,000 831 85,000 Course - Other Ice Arena Park / Tennis Center Improvements tic Fields iastics Center e Center Assets Clubhouse & Nordic Center Park Improvements & Fields 834,092 144,475 12,270 15,604 6,268,629 4,080,792 TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Increased cost from prior 5 -year plan Revisions / newly added project 2016 2017 2018 2019 * Placeholder items 2016: Water quality improvements of $431,500 to create 4 "dry" ponds for run off to improve 1,120,500 1,089,760 water quality, 4 water quality vaults instead of ponds to allow landscaping the area would cost an incremental $689,000; 2017: Landscaping design and construction of the interchange: $1,089,760; Applied for grant Replacement of temporary skate park; a permanent site has not been identified. Staff recommends waiting until 2016 to install a new temporary skate park with recent fixes to current structure. Estimated cost of a permanent site is from $500K - $1.OM; Per Council 8/21112, move budget for temp. to 2014, with intent of selecting a permanent site in the next two years. 2014 forecasted savings from combined bike lane projects total $1.3M; Bike lane shoulder from Red Sandstone school to Buffehr Creek Bike lane shoulders:2014 from Matterhorn to Cascade to be done in conjuction with Cascade CDOT parking project Moved up to 2014 to coincide with Ford Park improvements; Ford Park playground built in 2000; improvements were previously scheduled for 2015; Forecasting an additional $146K for playground as presented to Council on 10/7/14 Access improvements to include extended sidewalk, new stairs and other site improvements; playground was built in 1990's Request to replace 14 -yr old "catalog" playground equipment with custom build in 2017; Also requesting $60K to add a picnic shelter Request to replace 13 -yr old "catalog" playground equipment with custom build in 2018 - Re- vegetate the slope down toward the river at the Ford Park parking lot 1,556,880 2015 safety improvements to playground / park (10 -11 years old); Increased by 75K for new picnic shelter construction 85,000 85,000 85;000 85,000 To purchase sculptures, artwork, art programs and events; remainder is re- appropriated each year to accumulate enough funds Annual Winterfest event; approximate cost of $25K per year; rely on donations 3.191.869 1.594.734 464.375 298.492 134,654 137,347 140,094 31,782 540,399 7,204 124,133 28,001 85,031 47,476 59,714 18,254 82,871 435,314 854,349 - 3,900,000 258,020 14,893 37,006 457,217 142,896 145,754 Annual rent paid by Vail Recreation District; to be re- invested in asset maintenance; 2014 rent was transferred to Golf Clubhouse and Nordic Center budget 2015 golf maintenance building repairs; 2016 *new item at $400K for storage building; asphalt 17,200 19,989 driving and parking area; 2017 gas -fired heater & wood trim/soffits; 2018 boiler; 2019 stucco for mtc building 2014 new boilers; 2015 renovate changing rooms and restrooms; 2017 low slope roof, 59,874 103,665 electrical switch gears; 2018 town portion of interior lighting; 2019 exterior caulking and replacement of windows and doors. Overall cost increases, with some due to timing changes totals $76,428 2015 tennis club roof; 2016 clubhouse locker rooms; 2017 mechanical systems & metal 5,645 14,509 railings; 2018 wood siding /trim; 2019 brick pavers, grading & drainage. Overall increase to the 5 -year cost estimates / timing is $62,862 2015 restroom / storage facility structure (increase from this addition $56K); 2016 asphalt parking lot 2017: Restrooms 2016 Exterior windows, doors, wood siding and slope roof 225,615 283,917 Total includes $1.165M reimbursement from VRD, allocation of Recreation Enhancement Funds $765,440, Conference Center funds of $3.8M, current RETT funds of $538,189 (Total project cost estimated at $10.8M, which includes previously spent RETT funds of $705,571 from 2012 & 2013) 2015: ADA accessible parking ($30K of total). Per Council 9/17/14 ok for $200K for pavers & $150K for waterline near BFAG; remainder of project was reviewed 10/7/14 37 Puj�! Art - General program / art 390, Put913 Art - Winterfest 78,730 To Enhancements 6,587,974 VRD- Managed Facility Projects Recreation Enhancement Account - Course - Other Ice Arena Park / Tennis Center Improvements tic Fields iastics Center e Center Assets Clubhouse & Nordic Center Park Improvements & Fields 834,092 144,475 12,270 15,604 6,268,629 4,080,792 TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Increased cost from prior 5 -year plan Revisions / newly added project 2016 2017 2018 2019 * Placeholder items 2016: Water quality improvements of $431,500 to create 4 "dry" ponds for run off to improve 1,120,500 1,089,760 water quality, 4 water quality vaults instead of ponds to allow landscaping the area would cost an incremental $689,000; 2017: Landscaping design and construction of the interchange: $1,089,760; Applied for grant Replacement of temporary skate park; a permanent site has not been identified. Staff recommends waiting until 2016 to install a new temporary skate park with recent fixes to current structure. Estimated cost of a permanent site is from $500K - $1.OM; Per Council 8/21112, move budget for temp. to 2014, with intent of selecting a permanent site in the next two years. 2014 forecasted savings from combined bike lane projects total $1.3M; Bike lane shoulder from Red Sandstone school to Buffehr Creek Bike lane shoulders:2014 from Matterhorn to Cascade to be done in conjuction with Cascade CDOT parking project Moved up to 2014 to coincide with Ford Park improvements; Ford Park playground built in 2000; improvements were previously scheduled for 2015; Forecasting an additional $146K for playground as presented to Council on 10/7/14 Access improvements to include extended sidewalk, new stairs and other site improvements; playground was built in 1990's Request to replace 14 -yr old "catalog" playground equipment with custom build in 2017; Also requesting $60K to add a picnic shelter Request to replace 13 -yr old "catalog" playground equipment with custom build in 2018 - Re- vegetate the slope down toward the river at the Ford Park parking lot 1,556,880 2015 safety improvements to playground / park (10 -11 years old); Increased by 75K for new picnic shelter construction 85,000 85,000 85;000 85,000 To purchase sculptures, artwork, art programs and events; remainder is re- appropriated each year to accumulate enough funds Annual Winterfest event; approximate cost of $25K per year; rely on donations 3.191.869 1.594.734 464.375 298.492 134,654 137,347 140,094 31,782 540,399 7,204 124,133 28,001 85,031 47,476 59,714 18,254 82,871 435,314 854,349 - 3,900,000 258,020 14,893 37,006 457,217 142,896 145,754 Annual rent paid by Vail Recreation District; to be re- invested in asset maintenance; 2014 rent was transferred to Golf Clubhouse and Nordic Center budget 2015 golf maintenance building repairs; 2016 *new item at $400K for storage building; asphalt 17,200 19,989 driving and parking area; 2017 gas -fired heater & wood trim/soffits; 2018 boiler; 2019 stucco for mtc building 2014 new boilers; 2015 renovate changing rooms and restrooms; 2017 low slope roof, 59,874 103,665 electrical switch gears; 2018 town portion of interior lighting; 2019 exterior caulking and replacement of windows and doors. Overall cost increases, with some due to timing changes totals $76,428 2015 tennis club roof; 2016 clubhouse locker rooms; 2017 mechanical systems & metal 5,645 14,509 railings; 2018 wood siding /trim; 2019 brick pavers, grading & drainage. Overall increase to the 5 -year cost estimates / timing is $62,862 2015 restroom / storage facility structure (increase from this addition $56K); 2016 asphalt parking lot 2017: Restrooms 2016 Exterior windows, doors, wood siding and slope roof 225,615 283,917 Total includes $1.165M reimbursement from VRD, allocation of Recreation Enhancement Funds $765,440, Conference Center funds of $3.8M, current RETT funds of $538,189 (Total project cost estimated at $10.8M, which includes previously spent RETT funds of $705,571 from 2012 & 2013) 2015: ADA accessible parking ($30K of total). Per Council 9/17/14 ok for $200K for pavers & $150K for waterline near BFAG; remainder of project was reviewed 10/7/14 37 N O TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Increased cost from prior 5 -year plan Revisions / newly added project 2019 * Placeholder items Restrooms at lower bench of Ford Park; 2014 forecasting an additional $177K per Council's review on 1017114 Forecast 2014 F 2015 2016 2017 2018 Public Restrooms 511,174 - _ Total New Assets: 10,860,595 380,000 3,900,000 Total Expenditures 21,468,564 5,825,378 10,700,965 4,881,891 3,585,007 3,529,993 Other Financing Sources (Uses) Transfer to Capital Project Fund - 00,000 - Transfer from Capital Projects Fund for Golf Clubhouse project per Council review 10/7/14 Transfer from Conf Center Fund 1,836,318 - Remainder of transfer from Conf Center Funds for Golf Clubhouse ($3.8M) and Ford Park Field projects ($3.5M) Revenue Over (Under) Expenditures (12,771,620) 37,872 (651,757) 2,263,502 3,191,031 3,599,241 Beginning Fund Balance 16,856,681 4,085,061 4,122,933 3,471,175 5,734,677 8,925,709 Ending Fund Balance $ 4,085,061 $ 4,122,933 $ 3,471,175 $ 5,734,677 $ 8,925 709 $ 12,524,950 N O Frontage Rd - LionsHead Main Vail Round -about Major Reconstruction West Vail Round -about Major Reconstruction Golf Course Clubhouse LionsHead Park (Sundial Plaza) LionsHead Information Center Renovation LionsH4&d Parking Structure Enhancements N ConceA:Plall Plaza (West Portal) Priority III From Evergreen to EverVail 3,600,000 Recent paving and 1 -70 Underpass project will extend the life of current roundabouts 1,000,000 Recent paving and 1 -70 Underpass project will extend the life of current roundabouts V Various funding sources ir V Funded by VRA V Funded by VRA Does not add spaces, but brings remainder of structure up to 3,500,000 standards of new transit center and current codes; enhances guest experience; includes heated stairways on east side V Funded by VRA Budgeted in 2014/2015 Completed Completed Completed Simba Run Underpass V Eligible for funding from East LionsHead Circle (East Portal) M * *Costs are estimates ** Funded by VRA Completed Capital $15.0 - $20.0 M Bike path reconstruction near Pedestrian Overpass VRA RETT Projects Fund Description Status Priority I 170,000 Add lights on pedestrian path from Red Sandstone to bridge Newly- identified projects: Guest Services Enhancements V Alternative Fuel Infrastructure Included in 5 -year Capital Projects Fund Library Remodel V Completed Parking Expansion - LionsHead $18.1 M - $36.2M New biking & hiking trails Parking Expansion - North Frontage Road Various areas Partially complete Parking Expansion - South Frontage Road Phase II of Timber Ridge redevelopment Includes parking from Cascade to PW Shops *per Council 4/19/11, Per TROC board, not within 5 -year plan removed $9.5M Partially complete Simba Run Underpass Feasibility Study V Completed Energy Audit Enhancements V $500K - $1.1 M Completed Main Vail Station - major remodel V Infrastructure currnetly included in budget with assumption that the Completed Priority 11 town would involve a private developer on the project Funding Resource Options: East Vail Fire Station Remodel V 6,110,658 12,524,950 19,479,839 Included in 5 -year Capital Projects Fund N. Frontage Rd -East Vail Turn lanes, bike paths, etc based on town's master plan Cost estimates will be reviewed after current projects completed N. Frontage Rd - West Vail Turn lanes, bike paths, etc based on town's master plan Cost estimates will be reviewed after current projects completed Frontage Rd - LionsHead Main Vail Round -about Major Reconstruction West Vail Round -about Major Reconstruction Golf Course Clubhouse LionsHead Park (Sundial Plaza) LionsHead Information Center Renovation LionsH4&d Parking Structure Enhancements N ConceA:Plall Plaza (West Portal) Priority III From Evergreen to EverVail 3,600,000 Recent paving and 1 -70 Underpass project will extend the life of current roundabouts 1,000,000 Recent paving and 1 -70 Underpass project will extend the life of current roundabouts V Various funding sources ir V Funded by VRA V Funded by VRA Does not add spaces, but brings remainder of structure up to 3,500,000 standards of new transit center and current codes; enhances guest experience; includes heated stairways on east side V Funded by VRA Budgeted in 2014/2015 Completed Completed Completed Simba Run Underpass V CDOT grant awarded for $20M; TOV portion $6M funded by VRA East LionsHead Circle (East Portal) M Funded by VRA Completed Municipal Building Reconstruction $15.0 - $20.0 M Bike path reconstruction near Pedestrian Overpass 175,000 On north end of Pedestrian Overpass Lighting for Pedestrian Overpass to Red Sandstone 170,000 Add lights on pedestrian path from Red Sandstone to bridge Newly- identified projects: Alternative Fuel Infrastructure 3,800,000 Flood repairs and improvements V Continued through 2014 Completed Open Space property 3 -4 open space parcels in master plan not purchased as yet New biking & hiking trails West Vail forest mitigation Project beyond annual forest health maintenance budget Phase II of Timber Ridge redevelopment Per TROC board, not within 5 -year plan $3M currently included in the 5 -year capital budget; cost estimate TOV share of EvergreenNVMC roundabout includes roadwork only, not roundabout so will need to be revised as the projects progress Golden Peak Pickleball courts $500K - $1.1 M Community request to replace tennis courts with pickleball courts; Estimates depend on parking and ADA Chamonix Housing development Infrastructure currnetly included in budget with assumption that the town would involve a private developer on the project Funding Resource Options: Projected Fund Balance by end of 2019: 6,110,658 12,524,950 19,479,839 39 TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING FUND Revenue Business Licenses Earnings on Investments Total Revenue Expenditures Commission on Special Events Collection Fee - General Fund Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 2013 2014 2015 Actual Budget Proposed 316,457 317,100 317,100 $ 327,828 $ 332,000 $ 332,000 505 1,500 1,500 328,333 333,500 333,500 300,000 300,000 300,000 16,457 17,100 17,100 316,457 317,100 317,100 2015 1,942,890 Actual Budget Budget Proposed 11,876 16,400 16,400 $ 107,772 $ 108,972 Earnings on Investments 173,975 185,851 202,251 1,200 Total Revenue 14,482 $ 185,851 $ 202,251 $ 218,651 CONFERENCE CENTER FUND Other Financing Sources (Uses) Transfer to RETT Fund Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 4,948,682 - 1,836,318 - (5,776,894) 1,200 2014 2014 2013 Original Amended 2015 1,942,890 Actual Budget Budget Proposed Revenue $ 1,942,890 $ 1,944,090 $ 107,772 $ 108,972 Earnings on Investments 14,482 1,200 1,200 1,200 Total Revenue 14,482 1,200 1,200 1,200 Expenditures - General Government Ford Amphitheater Project 842,694 - - Total Expenditures 842,694 - - - Other Financing Sources (Uses) Transfer to RETT Fund Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 4,948,682 - 1,836,318 - (5,776,894) 1,200 (1,835,118) 1,200 7,719,784 1,942,890 1,942,890 107,772 $ 1,942,890 $ 1,944,090 $ 107,772 $ 108,972 11/4/2014 40 TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2013 2014 2014 2015 Actual Original Amended Proposed Revenue 909,514 973,366 973,366 994,189 Town of Vail Interagency Charge $ 2,841,993 $ 3,011,352 $ 3,011,352 $ 3,011,352 Insurance Reimbursements & Other 56,301 - - - Earnings on Investments 3,529 14,650 14,650 14,650 Equipment Sales and Trade -ins 102,916 127,380 127,380 148,270 Total Revenue 3,004,739 3,153,382 3,153,382 3,174,272 Expenditures Salaries & Benefits 909,514 973,366 973,366 994,189 Operating, Maintenance & Contracts 1,438,792 1,467,074 1,482,474 1,467,757 Capital Outlay 784,968 975,900 1,124,864 839,700 Total Expenditures 3,133,274 3,416,340 3,580,704 3,301,646 Revenue Over (Under) Expenditures (128,535) (262,958) (427,322) (127,374) Beginning Fund Balance 2,400,209 2,271,674 2,271,674 1,844,352 Ending Fund Balance $ 2,271,674 $ 2,008,716 $ 1,844,352 $ 1,716,978 HEALTH INSURANCE FUND 2013 2014 2015 Actual Original Proposed Revenue 612,246 640,000 - Town of Vail Interagency Charge - Premium $ 3,023,458 $ 3,170,000 $ 3,850,000 Employee Contributions 505,770 545,000 695,000 Insurer Proceeds 271,235 300,000 - Earnings on Investments 3,932 10,000 10,000 Total Revenue 3,804,395 4,025,000 4,555,000 Expenditures Health Inusrance Premiums HC Reform Fee Claims Paid Short -term Disability Pay Professional Fees Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 488,535 612,246 640,000 - 25,000 35,000 2,876,945 3,450,227 3,750,000 3,873 20,000 - 20,000 20,000 20,000 3,389,353 4,127,473 4,445,000 415,042 (102,473) 110,000 711,607 1,126,649 1,024,176 $ 1,126,649 $ 1,024,176 $ 1,134,176 11/4/2014 41 TOWN OF VAIL 2015 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 2013 2014 2014 2015 Actual Original Amended Proposed Revenue E911 Board Revenue $ 855,483 $ 776,956 $ 776,956 $ 797,382 Interagency Charges 1,126,687 1,151,619 1,151,619 1,099,174 Town of Vail Interagency Charge 568,854 590,961 590,961 630,588 Earnings on Investments 2,305 8,200 8,200 2,500 Other 351 - - - Total Revenue 2,553,680 2,527,736 2,527,736 2,529,644 Expenditures Salaries & Benefits 1,928,351 1,968,386 1,968,386 2,039,931 Operating, Maintenance & Contracts 446,836 550,406 550,406 489,165 Capital Outlay 155,451 - 3,000 - Total Expenditures 2,530,638 2,518,792 2,521,792 2,529,096 Revenue Over (Under) Expenditures 23,042 8,944 5,944 548 Transfer to Capital Projects Fund (43,000) - (16,800) - Transfer from General Fund 22,338 Beginning Fund Balance 799,983 780,025 780,025 769,169 Ending Fund Balance $ 780,025 $ 788,969 $ 769,169 $ 792,055 11/4/2014 42 TOWN OF VAIL 2015 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE TIMBER RIDGE ENTERPRISE FUND Non - operating Revenues (Expenses) Interest on Investments 2013 2014 2014 2015 Transfers In Actual Original Forecast Proposed Revenue 1,538,799 Rental Income $ 1,791,678 $ 1,848,871 $ 1,320,788 $ 1,187,448 Other Income 31,869 14,774 16,658 11,900 Total Revenue 1,823,547 1,863,645 1,337,446 1,199,348 Expenditures Operating, Maintenance & Contracts 726,269 762,175 689,913 589,701 Capital Outlay 359,361 154,150 1,029,244 100,000 Total Expenditures 1,085,630 916,325 1,719,157 689,701 Operating Income 737,917 947,320 (381,711) 509,647 Non - operating Revenues (Expenses) Interest on Investments 2,883 2,760 2,044 1,560 Transfers In 16,000,000 Return of Debt Service Reserve Funds 1,538,799 Principal Payment on Variable Rate Bonds (17,265,000) Interest Expense and Financing Fees (47,931) Loan Principal Repayment to Capital Projects _ (345,966) (345,966) (351,155) Fund Interest Payment to Capital Projects Fund (138,500) (143,748) (143,748) (138,487) Revenue Over (Under) Expenditures 828,168 460,366 (869,381) 21,565 Beginning Fund Balance 701,859 1,436,298 1,530,027 660,646 Ending Fund Balance $ 1,530,027 $ 1,896,664 $ 660,646 $ 682,211 11/4/2014 43 ORDINANCE NO. 16 SERIES OF 2014 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2015 THROUGH DECEMBER 31, 2015 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long -range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2015 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2015, and ending on the 315` day of December, 2015: FUND AMOUNT General Fund $35,489,969 Capital Projects Fund 11,278,260 Real Estate Transfer Tax Fund 5,825,378 Vail Marketing Fund 317,100 Heavy Equipment Fund 3,301,646 Dispatch Services Fund 2,529,096 Health Insurance Fund 4,445,000 Timber Ridge Enterprise Fund 1,179,343 Total 64,365,792 Less Interfund Transfers (7,144,748) =Net Budget 57,221,044 Ordinance No. 16. Series of 2014 11/4/2014 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2015 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 4th day of November, 2014. A public hearing shall be held hereon on the 18th day of November, 2014, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 16. Series of 2014 11/4/2014 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 4, 2014 ITEM /TOPIC: First reading of Ordinance No. 17, Series of 2014, an Ordinance to Rezone a Portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel Subdivision From Ski Base Recreation District to Ski Base Recreation 2 District, Located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel Subdivision, and Setting Forth Details in Regard Thereto. (PEC140022) PRESENTER(S): Jonathan Spence, Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, Series of 2014, upon first reading. BACKGROUND: Vail Resorts, Inc., intends to transfer the subject property to the Ski and Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard Club parcel. It is anticipated that the transfer will occur shortly before the commencement of the redevelopment. The purpose of the amendment is to establish a development site with uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse. STAFF RECOMMENDATION: On October 27, 2014, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. T h is recommendation was based upon the review of the criteria outlined in the October 27, 2014 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. ATTACHMENTS: TC Memo Ordinance No. 17 PEC Staff Memo w/ att. 11/4/2014 0) rnwN of vain Memorandum TO: Vail Town Council FROM: Community Development Department DATE: November 4, 2014 SUBJECT: First reading of Ordinance No. 17, Series of 2014, an ordinance to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. (PEC140022) Applicant: Ski and Snowboard Club Vail (SSCV), represented by Braun Associates, Inc. Planner: Jonathan Spence SUMMARY The applicant, Ski and Snowboard Club Vail (SSCV), represented by Braun Associates, Inc., is requesting a first reading of Ordinance No. 17, Series of 2014, an ordinance to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, 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. 17, Series of 2014, upon first reading. III. BACKGROUND On March 6, 2012, the Vail Town Council adopted Ordinance No. 1, Series of 2012, which rezoned the existing SSCV property from the Ski Base /Recreation (SBR) District to the SBR2 District. The intent of the rezoning identified at that time was to facilitate the redevelopment of the parcel separate from the Golden Peak Development Site. The language in the SBR District is very specific to the Golden Peak Lodge, and does not accommodate the stand alone development of the SSCV facility as a mixed use building. 11/4/2014 On October 27, 2014, the Planning and Environmental Commission approved a final plat, pursuant to Chapter 13 -4, Minor Subdivision, Vail Town Code, to allow for the re- subdivision of Parcel 1 of the Golden Peak Ski Base and Recreation District Parcel and Part of Tract B, Vail Village Filing 7, in order to establish Parcel 3, Golden Peak Ski Base And Recreation District Parcel, the redevelopment site for Ski and Snowboard Club Vail. The newly formed Parcel 3 consists of the existing SSCV parcel, as formed in 1976, and approximately 0.258 acres transferred from the existing Vail Resorts adjacent parcel. The illustration below shows the existing and future parcel: N22'S004 "E 134.;0 S� DESCRIBED PARCEL 0.258 ACRES N6;�-0 s "I V o. 44,�y D E SKI AND SNOWBOARD CLUB VAIL S30 °39'55 "W (BOOK 247, PAGE 18) ti i 90.00' 582' 19'22 "E 17 5.69' N07`35' 59 "E 90.00' 12 PARCEL 1 GOLDEN PEAK SKI BASE & RECREATION DISTRICT PARCEL N PINGS DEL NORTE c� 0 On October 27, 2014, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. This recommendation was based upon the review of the criteria outlined in the October 27, 2014 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. Included in proposed Ordinance No. 17, Series of 2014, is a trigger mechanism that enacts the zone change upon the recordation of the plat revising the property boundary. This is proposed to ensure that a rezoning does not occur that results in a property with more than one zoning. If the plat, anticipated to be executed prior to development in the Spring of 2015, is not recorded, the proposed rezoning will expire upon the expiration of the Conditional Use Permit approval, two years from date of approval if a building permit is not obtained and construction not commenced and diligently pursued toward completion. Town of Vail 11/4/2014 Page 2 IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 17, Series of 2014, upon first reading, the Planning and Environmental Commission recommends the Council pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 17, Series of 2014, an ordinance to rezone a portion of the newly created Parcel 3 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. " Should the Vail Town Council choose to approve Ordinance No. 17, Series of 2014, the Planning and Environmental Commission recommends the Council make the following findings: "Based upon the review of the criteria outlined in Sections Vlll of the Staff memorandum to the Planning and Environmental Commission dated October 27, 2014, 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; and, 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. " V. ATTACHMENTS A. Ordinance No. 17, Series of 2014 B. PEC memorandum dated October 27, 2014 Town of Vail 11/4/2014 Page 3 ORDINANCE NO. 17 SERIES OF 2014 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF A PORTION OF PARCEL 1 OF THE GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL SUBDIVISION FROM SKI BASE RECREATION DISTRICT TO SKI BASE RECREATION 2 DISTRICT, LOCATED AT 460 VAIL VALLEY DRIVE /PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter "); and, WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and, WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; and, WHEREAS, the subject property, described in Exhibits A and B, attached hereto and incorporated herein by this reference, (the "subject property "); and, WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail; and, WHEREAS, Vail Resorts, Inc., intends to transfer the subject property to the Ski and Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard Club parcel; and, WHEREAS, the purpose of the amendment is to establish a development site with uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse; and, WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the subject property from Ski Base Recreation District to Ski Base Recreation 2 District; and, WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the zone district boundary amendment; and, WHEREAS, the Vail Town Council finds and determines that the amendment is Ordinance No. 17, Series 2014 114%2014 consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibits A and B: A rezoning from the Ski Base Recreation District to Ski Base Recreation 2 District Section 2. Condition Precedent and Expiration The rezoning set forth in Section 1 hereof shall take effect on the date that the Final Plat for the Golden Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat for the Golden Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3, has not been properly recorded by October 27, 2016 the rezoning set forth in Section 2 hereof shall not take effect. Section 3. Pursuant to Section 12 -3 -7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary 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; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Ordinance No. 17, Series 2014 2 1124%2014 d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2014, and a public hearing for second reading of this Ordinance set for the 18th day of November, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 17, Series 2014 3 1134%2014 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of November, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 17, Series 2014 4 11 /4%2014 Exhibit A PRDPERIY DESCRIP1101,1 That part of Pomel 1, Golden Peok Ski gore and Recreation ❑IstrioL Pare-1, car o ding to the mop thweof recorded in the office of the Eagle County, Colorado, Clerk rind Recorder, described oe follows; 9agrnning at a point on the northerly boundary of card Parcel 1, oleo being the southerly right of wuy of V it Volley Drive, whence the northecstedy comer gf said Parcel 1 mmmgn with the northwastedy canner of Pinoa del Norte Condominiums, according to this map thereof recorded in the affloe of the Eagle County Colorado, Clerk and Recorder, bears S62'19 22'E 57.51 feet; thence deporting said line 52256'6414 139.33 feet; thence 157'09'56V 177.42 feet; thence N22'50'04'E 134.17 feet to sold northerly boundary of Parcel 1; thence along sold boundary S5721J'1>4 -'E 24.42 fce to the nvr#hxcp" comer gf the Ski and Snaxbgard Club Vail Parcel as recorded in Book 247, Page 16, in the office, of the Engle County, Colorado, Clerk and Recorder, thence the following 3 coureea alone the rreatsdy, sguthody, and casterfy lines of mid Ski onel Snowboard Club Vdl Peraal- 1] 53D'39'56"W OO.UD feet: 2} SE716'34'E 15128 feet; 3) N6735'59 "E 9090 fset; thsncs along said northerly Ilne of Parcel 1 88T19'22'E 39.18 feet; to the poinL of beginning, cantoining 6.2538 ac , mom ar less. ref t; Stan H d Colorod P.L ;,' 25586 , Eagle S` "unrtgpWln _ Date:_ %r LF� D' 100' 2DD' SCALE: V� S g02g,q4-"E P { SKI AND SNOWROAR❑ CLUB VAIL 531139' 13'W (WOK 247. PAGE 114) 96.00 20.42 582'19'22'E 7.89, N2256'64�E 134.17 NOT35'59'E 9_fe 61.51 90.00' T }a, 0 DESCRIBED PARE:EL 6,258 ACRES At if f a PINGS DEL NO RTE PARCEL 1 GOLDEN PEAK SKI BASE & RECREATION DISTRICT PARCEL Ordinance No. 17, Series 2014 5 1154/2014 JOB Na. 10913 Zone District Amendment Proposal Part of Parcel 1, Golden Peak Ski Base and Recreatoin District Parcel 460 Vail Valley Drive e Feet 0 125 250 Subject Property This map was created by the TOW. of Vail GIST... Use athis map should be for general purposes only. The Town of Vail does not wafrantthe ac q of the infmmatio. contained herein_ (where shown, parcel line work -is approximate) Last Modified: October 23, 2014 TOWN OF VAlL 0) TOWN OF VAII Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 2014 SUBJECT: A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivision, Vail Town Code, to allow for the re- subdivision of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel and Part of Tract B, Vail Village Filing 7, in order to establish Parcel 3, Golden Peak Ski Base And Recreation District Parcel, the redevelopment site for Ski and Snowboard Club Vail, located at 460 and 598 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel, and Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC140021); and A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to rezone a portion of newly created Parcel 3 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. (PEC140022) Applicant: Ski and Snowboard Club Vail, represented by Braun Associates, Inc. Planner: Jonathan Spence 61111LY,ILhFe1Zvi Ski and Snowboard Club Vail (SSCV), represented by Braun Associates, Inc., is requesting the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivision, Vail Town Code, to allow for the re- subdivision of Parcel 1 of the Golden Peak Ski Base and Recreation District Parcel and Part of Tract B, Vail Village Filing 7, in order to establish Parcel 3, Golden Peak Ski Base And Recreation District Parcel, the redevelopment site for Ski and Snowboard Club Vail, located at 460 and 598 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel, and Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. The applicant is also requesting a recommendation to the Vail Town Council for a zone district boundary amendment, 11/4/2014 pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to rezone a portion of the newly created Parcel 3 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. The proposed subdivision and rezoning facilitates the future replacement of the existing SSCV clubhouse. A complete description and analysis of the proposed development plan and conditional use permit can be found in the Staff Memorandum for PEC140020 and PEC140023, dated October 27, 2014. II. DESCRIPTION OF REQUEST Ski and Snowboard Club Vail (SSCV) are proposing to create a new Parcel 3 of the Golden Peak Ski Base and Recreation District Parcel subdivision through combining a portion of Parcel 1 of the Golden Peak Ski Base and Recreation District Parcel and Part of Tract B, Vail Village Filing 7. To ensure zoning continuity, that portion of the new Lot 3 that was previously a portion of Lot 1 will be rezoned as a component of this application from the Ski Base Recreation District to the Ski Base Recreation 2 District. The newly formed Lot 3 will serve as the development site for the proposed replacement of the existing SSCV clubhouse. The illustration below shows the existing SSCV parcel and the land area that is to be rezoned and added to this parcel. 559'20'04 "E 40.00' SKI AND SNOWBQARD CLUB WAIL t 30'39'58 °W (300K 247, PAGE 18) 90.00' 582'i9'22 "E 126.89' N22'50'04 "E 9.18 134.17' 5'59 "E 87•S1' 00' -- DESCRIBED PARCEL 0.258 ACRES Ns�Qg 'SS,28, o ° PINOS DEL ss W NORTE 777 42 �ryry � w PARCEL 1 m GOLDEN PEAK SKI BASE & RECREATION DISTRICT PARCEL In order to effectuate the proposed changes that will ultimately provide the development site for the clubhouse replacement, the following steps are proposed. Upon a successful recommendation of the rezoning from the PEC, the zone district boundary amendment is scheduled for two readings before the Town Council on November 4t" and 18t ". Within Town of Vail 11/4/2014 Page 2 the proposed ordinance will be a trigger that enacts the zone change upon the recordation of the plat revising the property boundary. This is proposed to ensure that a rezoning does not occur that results in a property with more than one zoning. If the plat, anticipated to be executed prior to development in the Spring of 2015, is not recorded, the proposed rezoning will expire upon the expiration of the Conditional Use Permit approval, two years from date of approval if a building permit is not obtained and construction not commenced and diligently pursued toward completion. The applicant has provided a narrative supporting the rezoning and a draft plat, included with this memorandum as Attachments 3 and 4. III. BACKGROUND The SSCV was founded in 1962 to provide youth in the community opportunities for character growth and excellence through athletics. It is widely recognized as one of the premier ski and snowboard clubs in the country and was recently named the U.S. Ski and Snowboard Association (USSA) Club of the Year. The club serves approximately 700 members in a variety of disciplines and is a registered 501(c)3 non - profit charitable organization. The existing SSCV structure was constructed in 1976 after the Planning and Environmental Commission approved a conditional use permit for a structure in the Agriculture and Open Space District. The existing SSCV parcel was created via warranty deed in 1976 through a subdivision of Tract B of Vail Village Filing 7. On December 13, 1999, the PEC recommended approval to the Vail Town Council for a rezoning of the property to the SBR District from the Agriculture and Open Space District. Contingent upon the rezoning, the PEC also approved a development plan and a conditional use permit for a "quasi- public club." The proposed redevelopment scheme included a 24,000 square foot commercial building for use by SSCV that included encroachments onto the adjacent Vail Resorts property, with half of the building located on Vail Resorts property. The development plan added SSCV to the Golden Peak development site. On February 15, 2000, the Vail Town Council adopted Ordinance No. 2, Series of 2000, which rezoned the subject property from the Agriculture and Open Space District to the Ski Base/ Recreation District. The SSCV building was legally nonconforming in this district, and did not have the ability to expand under its existing zoning. According to the Staff memorandum dated February 1, 2000, "due to the encroachment onto Vail Associates' property, it is necessary to apply a consistent zoning among the parcels." A rezoning was implemented in anticipation of a redevelopment that never occurred. On March 6, 2012, the Vail Town Council adopted Ordinance No. 1, Series of 2012, which rezoned the subject property from the Ski Base /Recreation (SBR) District to the SBR2 District. The intent of the rezoning identified at that time was to facilitate the redevelopment of the parcel separate from the Golden Peak Development Site. The Town of Vail 11/4/2014 Page 3 language in the SBR District is very specific to the Golden Peak Lodge, and does not accommodate the stand alone development of the SSCV facility as a mixed use building. Current Proposal Planning efforts for the current proposal were initiated three years ago and have included: • The rezoning of the site from SBR to SBR2 in 2012 to facilitate the mixed - use project. (Completed 2012) • Coordination with Vail Resorts for additional site area and a proposal that will complement the Resorts on- mountain activities. (Subject of this application) • Neighborhood outreach including community meetings and discussions with property owners and homeowner associations in the Golden Peak Neighborhood. (Ongoing) • Participation in neighborhood efforts to improved traffic conditions on Vail Valley Drive. (Ongoing) • Conditional Use Permit and Development Plan application for clubhouse replacement (Ongoing) IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) Chapter 11 - Land Use Plan Goals / Policies (in part) 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier /Tourist Concerns 2.2 The ski area owner, the business community and the Town leaders should Town of Vail 11/4/2014 Page 4 work together to improve facilities for day skiers. Chapter VI — Proposed Land Use (in part) SB Ski Base: Ski base areas are designated at the main mountain portals found within the Town. Uses and activities for these areas are intended to encourage a safe, convenient and aesthetically - pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base (SB) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading /delivery facilities, and residential, retail, and restaurant uses. Vail Village Master Plan (in part) GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRYAND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that Town of Vail 11/4/2014 Page 5 makes them available for short term overnight rental. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. LAND USE PLAN: There is a well - defined overall pattern of land use throughout the Village that establishes one of its more pleasant characteristics. The greatest variety and intensity of uses are found within the Village Core Area and along the pedestrian ways of East Meadow Drive. The mixed use character of these areas makes significant contributions to the vitality of the pedestrian experience in the Village. Land uses surrounding these areas are predominantly residential with a mixture of lodging, condominium, and low density residential development. Other land use designations in the Village include heavy service, public facility /parking, and ski base /recreation. Ski Base /Recreation: Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and services inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically - pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base /Recreation land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, outdoor cultural /art events and sports venue, open spaces, parking and loading /delivery facilities, and residential, retail, and restaurant uses. Town of Vail 11/4/2014 Page 6 GOLDEN PEAK SKI BASE SUB -AREA ( #10) The Golden Peak Ski Base Sub -Area has traditionally served as a recreational activity center throughout the year. The Golden Peak Ski Base facility provides one of four access portals to Vail Mountain during the winter months, and accommodates a number of the Town's recreation programs during the summer. In 1983, Vail Associates received approval for the redevelopment of this facility and in 1988, completed the Children's Ski Center. The further redevelopment of this area will serve to reinforce its role as a major ski base and recreational activity center for the entire community. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 6 and 7. ARTICLE 12 -8E. SKI BASE /RECREATION 2 (SBR2) DISTRICT (In Part) 12 -8E -1: PURPOSE: The ski base /recreation 2 district is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the zone district. The ski base /recreation 2 district is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the zone district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to Town of Vail 11/4/2014 Page 7 V VI. IJ111 provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. SITE ANALYSIS Existing Zoning: Ski Base /Recreation and Ski Base /Recreation 2 Districts Proposed Zoning: Ski Base /Recreation 2 District Existing Land Use Designation: Ski Base Mapped Geological Hazards: None Existing Lot Area: Approximately .265 acres /11,563 square feet Proposed Lot Area: Approximately .52 acres /22,828 square feet SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Multifamily High Density Multiple Family South: Recreation Ski Base Recreation East: Recreation Ski Base Recreation West: Recreation Ski Base Recreation A Minor Subdivision for the expansion of the SSCV Darcel. Before recommending approval, approval with conditions or disapproval of the preliminary plan, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision: The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Staff Analysis: The proposed subdivision allows for the successful redevelopment of the existing SSCV parcel. The additional land area will allow the flexibility necessary to establish a unique development that will serve the youth athletes of the region. The proposed subdivision is consistent with the goals and objectives of the Vail Land Use Plan including Goals No. 1 and 2 of the Vail Village Mater Plan and the intent of the Ski Base /Recreation 2 District, as found in Section IV, Applicable Planning Documents. Staff finds this criterion to be met. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, Title 12, "Zoning Regulations ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable. Town of Vail 11/4/2014 Page 8 Staff Analysis: The proposed subdivision complies with all of the standards of Title 13, Subdivision Regulations and Title 12, Zoning Regulations. The subdivision does not create any known nonconformities and all future development will be required to meet all applicable standards. Staff finds this criterion to be met. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Staff Analysis: The proposed subdivision greatly improves the development potential of the subject site and leads to a greater ability to meet the development objectives of the Town of Vail. By enlarging the existing site, greater efficiencies can be gained programmatically in a development that serves as a gateway to the mountain. Greater land area also results in improved drop off and pick up areas and a greater flexibility in building operations. Staff finds this criterion to be met. 4. The extent of the effects on the future development of the surrounding area. Staff Analysis: The proposed subdivision is careful not to adversely impact adjacent residential properties and to allow the continued successful on- mountain operations in this area. It is not anticipated that the subdivision will have any adverse impacts on the future development or redevelopment of the surrounding area. Staff finds this criterion to be met. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. Staff Analysis: The proposed subdivision does not result in the creation of spatial patterns that adversely affect the efficient delivery of public services nor does it result in a leapfrog pattern of development. The subject area is largely a built out environment with the proposed subdivision facilitating the redevelopment of an existing facility. Staff finds this criterion to be met. Town of Vail 11/4/2014 Page 9 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines. Staff Analysis: The proposed subdivision does not result in the necessity to upsize any existing utilities and future land disruptions are not anticipated. Future redevelopment on the site may require the upsizing of utility service lines. Staff finds this criterion to be met. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Staff Analysis: The proposed subdivision provides for the orderly growth of the community and is in the best interest of the community as a whole in its ability to facilitate the redevelopment of the SSCV clubhouse. Staff finds this criterion to be met. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff Analysis: The proposed subdivision is not anticipated to result in adverse impacts to the natural environment. Future development on the reconfigured parcel will be required to adhere to all applicable environmental standards during both construction and facility operation. Staff finds this criterion to be met. 9. Such other factors and criteria as the commission and /or council deem applicable to the proposed subdivision. Town of Vail 11/4/2014 Page 10 `An Amendment to District Boundaries (Rezoning) of that portion of the expanded parcel, formerly part of the Golden Peak Ski Base and Recreation District Parcel No. 1, from the Ski Base /Recreation (SBR) District to Ski Base /Recreation 2 (SBR2) District. Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Staff Analysis: The proposed rezoning, in concert with the related subdivision, allows for the successful redevelopment of the existing SSCV parcel. The rezoning of the additional land area will allow the flexibility necessary to establish a unique development that will serve the youth athletes of the region. The proposed rezoning is consistent with the goals and objectives of the Vail Land Use Plan including Goals No. 1 and 2 of the Vail Village Mater Plan and the intent of the SBR2 District. Staff finds this criterion to be met. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Staff Analysis: The zone district boundary amendment is both suitable and compatible with the existing and proposed land uses on the site and the existing and potential surrounding land uses. The rezoning will aid in the facilitation of the redevelopment of the SSCV clubhouse while being compatible with existing adjacent ski area operations. The rezoning is harmonious with the potential future redevelopment of the Golden Peak Area and the development supported by the rezoning will serve as a cornerstone to such redevelopment. Staff finds this criterion to be met. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Staff Analysis: The proposed zone district amendment will create a cohesive land use scheme consistent with the development objectives of the town, namely orderly development and redevelopment that improves the community for both resident and guests. Staff finds this criterion to be met. Town of Vail 11/4/2014 Page 11 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. Staff Analysis: The zone district amendment accompanying the proposed minor subdivision allows for the redevelopment of the existing SSCV clubhouse, an identified asset to the community. The amendment does not constitute spot zoning as it is supported by the future land use map, is compatible with and supportive of adjacent land uses and serves the best interest of the community, as a whole. Staff finds this criterion to be met. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff Analysis: The proposed rezoning will not result in adverse impacts to the natural environment. Future development on the reconfigured and rezoned parcel will be required to adhere to all applicable environmental standards during both construction and facility operation. Staff finds this criterion to be met. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. Staff Analysis: The proposed rezoning is consistent with the purpose statement of the SBR2 District and future development on the site will be required to be compatible with its intent. Staff finds this criterion to be met. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Staff Analysis: The proposed zone district boundary amendment demonstrates how conditions of changed regarding the subject property. The success of SSCV has resulted in the need for a redevelopment of their clubhouse, a redevelopment facilitated by this rezoning and the related minor subdivision. With a transfer of the subject parcel from Vail Resorts to SSCV, the existing SBR zoning designation is no longer appropriate. Staff finds this criterion to be met. Town of Vail 11/4/2014 Page 12 8. Such other factors and criteria as the commission and /or council deem applicable to the proposed rezoning. VIII. STAFF RECOMMENDATION Minor Subdivision The Community Development Department recommends the Planning and Environmental Commission approve, with conditions, a Minor Subdivision, pursuant to Section 13 -4, Minor Subdivision, Vail Town Code, to allow for the re- subdivision of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel and Part of Tract B, Vail Village Filing 7, in order to establish Parcel 3, Golden Peak Ski Base And Recreation District Parcel, the redevelopment site for Ski and Snowboard Club Vail, located at 460 and 598 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel, and Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with conditions, this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a Minor Subdivision, pursuant to Section 13 -4, Minor Subdivision, Vail Town Code, to allow for the re- subdivision of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel and Part of Tract B, Vail Village Filing 7, in order to establish Parcel 3, Golden Peak Ski Base And Recreation District Parcel, the redevelopment site for Ski and Snowboard Club Vail, located at 460 and 598 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel, and Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto with the following conditions: 1. The applicant shall provide for the recordation of the amended plat prior to the issuance of any building permit for the proposed development. Should the Planning and Environmental Commission choose to approve this Minor Subdivision request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections Vlll of the Staff memorandum to the Planning and Environmental Commission dated October 27, 2014, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. Town of Vail 11/4/2014 Page 13 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 4. That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Recommendation and Findings, Zone District Boundary Amendment The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to rezone a portion of Parcel 1 of the Golden Peak Ski Base and Recreation District Parcel subdivision, more specifically described in Attachment B, from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections Vlll of the Staff memorandum to the Planning and Environmental Commission dated October 27, 2014, and the evidence and testimony presented, the Planning and Environmental Town of Vail 11/4/2014 Page 14 Commission finds: That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IX. ATTACHMENTS A. Vicinity Map B. Rezoning Exhibit and legal description C. Applicants Narrative, October 2014 D. Draft Plat Town of Vail 11/4/2014 Page 15 Vail Village Filing 7 Part of Tract B (598 Vail Valley Drive - Ski Club Vail) Ski Club Vail e This m ap v as created by the T.—of Vail GIS Team.lJ -of this m ap shou I be brgeneral purposesonly. The Town of Vail does not wenant the ac ,by otthe iniormalion contained herein. Feet "— p—I Ilne work is epproxlmate) 0 25 50 75 150 Last Modified January 15, 2012 TOWN OF VAIL` Zone District Amendment Proposal Vail Village Filing 7, Part of Tract B - Ski Club Vail 598 Vail Valley Drive e Feet 0 125 250 Subject Property This map was created by the TOW. of Vail GIST... Use athis map should be for general purposes only. The Town of Vail does not wafrantthe ac q of the infmmatio. contained herein_ (where shown, parcel line work -is approximate) Last Modified: October 23, 2014 TOWN OF VAlL REDEVELOPMENT OF SKI and SNOWBOARD CLUB VAIL CLUBHOUSE Minor Subdivision Re- Zoning Development Plan Conditional Use Permit September 2014, revised October 23, 2014 11/4/2014 RE- DEVELOPMENT OF SKI and SNOWBOARD CLUB VAIL CLUBHOUSE Submitted on behalf of: Ski and Snowboard Club Vail 598 Vail Valley Drive Vail, CO 81632 Submitted To: Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81632 Braun Associates, Inc. 225 Main Street, Suite G -2 Edwards, CO 81632 970 926 -7575 September 2014, revised October 23, 2014 11/4/2014 Table of Contents I. Introduction 1 II. Overview of SSCV and Project Background 3 III. Project Site Conditions 6 IV. Description of Project 7 V. Conformance with Applicable Review Criteria 16 VI. Appendix 24 1. Legal Description of land to be re -zoned 2. Traffic Analysis Letter 3. Amended Final Plat 11/4/2014 Ski and Snowboard Club Vail Club House Re- Development September 2014, revised October 23, 2014 I. INTRODUCTION The purpose of this report is to provide information on the proposed re- development of the Ski and Snowboard Club Vail (SSCV) Clubhouse. Information provided herein has been prepared in accordance with requirements of the Town of Vail development review process. The re- development of the Clubhouse involves the demolition of the existing Ski Club building and construction of a new building and related site improvements. The main features of the re- development include expanded Club space for SSCV, new, below grade parking, greatly enhanced drive aisle /drop -off facilities, two residential condominiums, and improved landscaping and related site improvements. Four development applications have been submitted — • Development Plan for the building and proposed site improvements, • Minor Subdivision for the expansion of the SSCV parcel, • Re- zoning of land added to the SSCV parcel, and • Conditional Use Permit. Each of these applications are described in detail below. Information provided in this report is presented in the following sections: I. Introduction II. Overview of SSCV and Project Background III. Project Site Conditions IV. Description of Project V. Conformance with Applicable Review Criteria VI. Appendix 1. Legal Description of land to be re -zoned 2. Traffic Analysis Letter 3. Amended Final Plat This application has been submitted on behalf of the Ski and Snowboard Club Vail and Vail Resorts. Vail Resorts is providing land that will be incorporated into the existing SSCV parcel in order to more effectively facilitate the proposed redevelopment. Vail Resorts has provided a letter authorizing SSCV to proceed through the Town's review process with these development applications. A site plan of the proposed redevelopment is found on the following page. Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 1 11/4/2014 1H Elm, i ii ki iMi P -10 5F % LJ W I h w e b b P 0 Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 2 11/4/2014 SKI AND SNOWBOARD CLUB VAIL h w e b b P 0 Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 2 11/4/2014 II. OVERVIEW of SSCV and PROJECT BACKGROUND Founded in 1962, the mission of the Club is to provide youth the opportunity for character growth and excellence through athletics. The Club is widely recognized as one of the premier ski and snowboard clubs in the Country and this past year was named the "USSA Club of the year" by the U.S. Ski and Snowboard Associations (USSA). Ski and Snowboard Club Vail serves approximately 700 members in a variety of alpine racing, free - skiing, freestyle, Nordic and snowboarding programs. The Club is a 501(c)3 non - profit charitable organization. The Club is also highly respected throughout the Valley as a leader in youth development. Originally a small club dedicated to ski racing, SSCV has evolved into one of our community's largest organizations dedicated to serving our youth. In doing so the influence of the Club has grown to include a wide range of topics, all of which make significant contributions to the Vail community. The Kids The Club has had unparalleled success in developing snow -sport athletes who have gone on to excel on an international stage. The most recognizable among these are Lindsey Vonn and Mikaela Shriffin, but not to be overlooked are the achievements of Toby Dawson, Chris Del Bosco, Sarah Schleper and many other athletes. Over the past few years many Club athletes have been named to the U.S. Ski Team, notable among them are a number of local, "home grown" athletes born and raised here in Eagle County. Athletic achievements are important; however the underlying purpose of the Club in serving our youth is to use athletics to instill the "3 C's" of courage, character and commitment, to help kids develop life lessons that will help them in the years to come. The Community The Club utilizes its staff, athletes and parents to volunteer in a variety of community events throughout the year. Most notable among these is the Birds of Prey at Beaver Creek. Each year the Club provides on average 4,000 hours of volunteer help to this event. The presence of Club volunteers is also found at the Community Fund Rummage Sale, the Copper Triangle and many other community events. The Vail Ski and Snowboard Academy In the fall of 2007 Ski and Snowboard Club Vail partnered with the Eagle County School District to establish the Vail Ski and Snowboard Academy. Located in Mintum at Maloit Park, the Academy is a fully accredited and certified public school with the goal of providing its students with a rigorous academic curriculum while supporting a world class training and competition schedule. From 31 students in its first year, the Academy has grown to over 175 students. Economic Impact The Club's programs and the visitors they draw to Vail generate significant economic activity throughout the community. Foremost among these is the early season training at Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 3 11/4/2014 Golden Peak. Over the past few years Golden Peak has evolved into one of the world's premier early season race training facilities. Each fall for a five week period the Club typically hosts 20 ski clubs, 10 colleges and 20 national ski teams, most of which on average spend a week in Vail. The economic impact of this activity is enormous, particularly when occurring in November, a time of year that is historically very quiet. Throughout the ski season SSCV also hosts a number of races and other events. On average 40 race /event days are planned and many of them are multi -day events. The economic impact of these and other events is significant. Existing SSCV Facilities and Operations The Club currently operates from a 6,500SF building located at the base of Vail Mountain. This building was originally constructed in the mid -70's and a second floor was added in the mid -80's. In the 70's the Club was serving just over 100 athletes. Today approximately 650 athletes utilize the Clubhouse (this figure excludes nordic athletes who do not use the Clubhouse). The space constraints within the existing facility are severe and the building is certainly showing its age. The need to expand and update the Clubhouse is acute. Creating a facility that meets the needs of Club athletes and coaches is the driving factor behind this redevelopment proposal. The existing Club building plays an important role in how SSCV operates at Vail Mountain. The building's primary purpose is to provide space for athletes and coaches to gather before and after race and training days. In essence the building serves as the Club's portal to Vail Mountain. The building also provides space, albeit very limited, for athlete locker rooms, ski tuning, coaches work areas and other club - related uses. Each of these uses will be provided in the new build, although the space dedicated to these uses will be expanded significantly. Project Planning Going back as far as the 1990's, previous efforts have been made to redevelop the Clubhouse. The effort that has resulted in this development proposal was initiated three years ago. During this time SSCV has worked closely with a number of different players. Town of Vail In 2012 the Town of Vail approved re- zoning of the SSCV parcel to Ski Base/Recreation 2. This re- zoning has laid the groundwork for this effort by defining both development standards and a review process for the project. Vail Resort. SSCV has worked closely with Vail Resorts on the land to be conveyed to the Club and to also ensure that the design of the project is coordinated with VR's mountain operations. Neighborhood Outreach The Club has taken steps to engage the neighborhood over the past few years. A number of community open houses have been held and the Club has reached out Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 4 11/4/2014 individually to numerous property owners and homeowner associations in the Golden Peak neighborhood. These efforts have resulted in a wide range of support for the project. Golden Peak Neighborhood Traffic Task Force The Club has been an active participate in neighborhood efforts to address traffic congestion on Vail Valley Drive. Working closely with the Town, Vail Resorts and other property owners, SSCV has initiated a variety of efforts to improve weekend athlete drop- off /pick -up. These efforts are described in greater detail below. Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 5 11/4/2014 III. PROJECT SITE CONDITIONS SSCV's existing parcel fronts directly on Vail Valley Drive and backs directly onto the snowfield that leads to Vail Mountain. Albeit small in size (.265 acres, or 11,543 SF), the parcel's relationship to Vail Mountain makes it ideally located for the Club's needs. Access to the parcel is provided via a one -way loop access drive. The drive functions in a. counter - clockwise direction. This road and surface parking (on the east side of the project) are located on Vail Resorts property. SSCV has the right to use this land for parking and access via a license agreement with Vail Resorts. A survey of existing site conditions is found in the plan set that has been provided under separate cover. As a part of this re- development project the SSCV parcel will be increased in size by the conveyance of a.258 ac, (11,238 SF) parcel from Vail Resorts. This new land area essentially wraps three sides of the SSCV parcel. With the addition of this land the SSCV parcel will be .523 acres, or 22,828 SF. A vicinity map /site context diagram is below. Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 6 11/4/2014 IV. DESCRIPTION OF PROJECT Four development applications have been submitted for the project: Minor Subdivision Application — this application will subdivide +/- 11,238SF of land from Vail Resorts adjoining Golden Peak parcel and incorporate it into the SSCV parcel. The Vail Resorts land essentially "wraps" the SSCV on three sides and will increase the size of the SSCV parcel to +/- 22,828SF. Re-zoning _ application — The Vail Resorts land to be incorporated into the SSCV parcel is currently zoned Ski Base/Recreation 1 (the zoning of the larger, +/ -40 acre "Golden Peak" base area). This application will re -zone the land to be subdivided and incorporated into the SSCV parcel to Ski Base/Rec 2 so that the entire SSCV parcel has the same zoning. Development Permit Application — This application addresses design, development standards and other development review - related considerations of the proposed building. Conditional Use Permit — The Town has historically defined the use of SSCV to be a "public or private club ". This use is a Conditional Use in the Ski Base /Recreation 2 zone district. This application evaluates the suitability of this use. Below is a description of the proposed project. The project's conformance with applicable review criteria for each of the four development applications is found in Section IV. of this report. Proposed Building The primary purpose of this redevelopment is to upgrade SSCV facilities to better serve the Club's athletes. The current Club facility is woefully inadequate and extremely under - sized. The expansion is not intended to facilitate future growth of the Club, but rather for the building to "catch up" to the Club's current needs. The two residential condominiums on the upper levels of the building are the "economic engine" that will fund the re- development project. The current Clubhouse is approximately 6,500 square feet in size. Uses in the existing building include athlete rooms, administration and coaches offices, meeting rooms, a multi - purpose room, locker rooms, storage, weight room, ski tuning, circulation and restrooms. The new Clubhouse essentially includes these same uses, albeit within +/- 20,750SF. A summary of the uses proposed in the new building include: Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 7 11/4/2014 Team Rooms The proposed building will provide nearly six times more space dedicated to athlete team rooms (locker rooms). Weight Room /Gym Over 1,000SF of gym space will be provided for athlete warm -up and cool - downs. Club Room The Club Room serves two purposes - space for registration and meetings during races and other competitions and space for athletes to gather for lunch, etc. on training days. The new club room is 2,200SF, nearly three times the size of the existing room. The use of this space will be consistent with how it has been used in the past, albeit in a far more efficient and effective manner. Meeting Rooms The existing building has one small meeting room of approximately 180 SF. This room is typically used for staff /coaches meetings and athlete /coach meetings. One meeting room is woefully inadequate in satisfying the needs of the Club. A board room and a number of smaller meeting rooms will be provided in the new building. Ski /Board/Tech Services Space for athlete's equipment tuning and other tech services will more than double to approximately 1,200SF. Storage Athlete equipment and Club storage areas will more than triple in size to over 1,500 SF. A key benefit of this increased space is that race gates, netting and other race gear currently stored outside will now be stored inside the building. Coaches and Administrative Staff Work Areas The existing building has extremely limited work space for coaches and Club staff. These limitations are so extreme that many coaches literally do not have space to work while at the Club. The new building will remedy this situation with a number of new offices and shared workstations. Circulation and Misc Space Hallways, stairwells, restrooms, mechanical space, trash rooms, etc. will increase significantly. These uses are critical to how the building will function and comprise a significant amount of the proposed buildings total square footage. Employee Housing Units Two on -site employee housing units are proposed — a 458SF studio unit and a 613SF one - bedroom unit. Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 8 11/4/2014 Parking Garage The below grade parking garage will provide 24 parking spaces (including two accessible spaces) along with circulation and storage areas. Five of the 24 spaces will be allocated to the two residential condominiums; the remaining 19 spaces will be used by the Club. Residential Condominiums A total of 9,996SF of residential condominium space is located on the upper levels of the building. Two units are proposed. Each will have elevator access from the below grade garage and independent stair access from street level. Landscaping and Site Design The proposed redevelopment includes a number of significant site and landscape improvements. These include: Landscaping Significant enhancements to landscaping around the building and along Vail Valley Drive are proposed. Additional landscape materials will also be provided on the neighboring Manor Vail property. Surface Parking The amount of surface parking will be reduced from 7 to 5 spaces. The existing asphalt parking lot will be replaced with a brick paver surface. Drive Aisle The drive aisle will be improved by widening and by installation of a snow -melt system. These changes are proposed to provide the facilities necessary to improve drop -off and pick -up operation (discussed in greater detail above). The entire drive aisle surface will be brick pavers. Trash The exiting "free- standing" trash area will be replaced with a new trash enclosure incorporated into the east end of the new building. Recreation Path The recreation path located behind the existing building will be re- located as a function of the re- development project. Development Standards For each of the standards listed below, Town Code stipulates that standards are to be "as per the approved development plan" and/or as determined by the PEC: Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 9 11/4/2014 Gross Residential Floor Area The two residential condominiums on the upper two floors of the building include +/- 10,000 SF of GRFA. Setbacks Front — 26' from face of building, 0' from porte cochere Side — 4.5' on west, 1.5' on east Rear — 27' Site Coverage The footprint of the building (including the porte cochere) and portions of the building that are below grade total 17,936SF, or 78% of the site area. Landscapes Landscape area is +/ -3,592 SF, or 15.7% of the total site area. Parking 5 surface spaces (via the License Agreement with Vail Resorts) will be maintained and 24 new enclosed spaces will be provided on the lowest level of the new building. The 29 proposed parking spaces will be allocated as follows: • 5 structured spaces will be assigned to the two condominiums • 24 spaces will be used by the Club (15 structured and 7 surface spaces) Further discussion of parking is provided below. The following development standards are prescriptive: Building Height Maximum allowable height is 43'. Main ridge of building is proposed to be 42'. The main dormer on north side of building is proposed to be at 42'. All other roof elements are below the maximum allowable height. Densit y .523 acres of total site area allow for up to 4 dwelling units (8 units per acre are permitted in SBR2). Two dwelling units are proposed. Snow Storage The drive aisle is +/ -9,800 SF. 10% snow storage is required (drive will be heated). 980 SF of snow storage is provided. Diagrams depicting building height, site coverage, setbacks, landscaping, and snow storage have been provided under separate cover. Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 10 11/4/2014 Traffic and Athlete Drop -off A traffic analysis letter addressing the proposed re- development has been prepared by Kimley -Horn and Associates, Inc. Given that the only new use proposed by the re- development of the Clubhouse is the introduction of two residential condominiums and two employee housing units, the focus the traffic analysis letter was on existing traffic conditions and methods for how the Club can improve athlete pick up and drop off in order to minimize impacts to Vail Valley Drive. Traffic counts were made at five locations along Vail Valley Drive during the a.m. (8:00- 9:30) and p.m. (2:30 -4:00) peak periods on March 15th, 2014. This date was determined to be an "average" day at the Club with respect to the number of athletes training at Golden Peak. Key findings of these traffic counts include: • The destination of east bound traffic in the a.m. peak period was equally split between SSCV (26.4 %), Golden Peak (24.6 %), the Children's Ski Center (23.7 %) and "other destinations" (25.3% - either surrounding residential development or pass -thru traffic). • "Other destinations" (34.4 %, surrounding residential development or pass -thru traffic) was the predominant destination of east bound p.m. peak period traffic. SSCV was the lowest at 18.8 %. • There were a total of 399 a.m. peak period trips, of which 84% was east bound and 16% was west bound. • SSCV generated a total of 107 trips in the a.m. peak hour, of which 17% arrived from the east and 83% from the west. • During the p.m. peak period, 51% of westbound traffic was generated by pass - thru traffic or surrounding residential development. • Vail Valley Drive has a design capacity of about 1,800 vehicles per hour. Traffic counts indicate 689 vehicles per hour, utilizing only 38% of available capacity. • Level of Service (LOS) at SSCV access points operates at LOS "A ". Traffic operations, specifically morning and afternoon drop -off and pick -up, at SSCV were also evaluated. The following recommendations were provided and where relevant the Club's response to these recommendations is provided. • It was suggested that the Club reverse the flow of traffic to a clock -wise direction. The traffic analysis recommended not reversing flow for two reasons — this change would create a conflict between traffic entering and exiting the site (i.e. exiting traffic would "cross paths" with Club traffic on Vail Valley Drive, slowing down the flow of cars through Club drop -off), and athletes exiting a car from the passenger side of a car would be forced to cross in front of their vehicle, causing delays and creating a safety consideration. The Club is not proposing any change to the direction that traffic accesses the site. • Encouraging SSCV members to access the Club from the east (via Vail Valley Drive and the Golf Course Bridge). This past year the Club began a program to encourage members to access the Club from the east. Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 11 11/4/2014 • Assign staff to manage drop -off operations. Last year the Club implemented this program. Staff members direct traffic to ensure efficient use of available space, prevent parents from leaving their cars during drop -off, help unload athlete gear, etc. • Provide additional space, ski racks, etc. for athletes to gather in front of the Club after being dropped off. Currently there is little room for athletes and their equipment once they are dropped off. The proposed plans for the Club include significantly more sidewalk/gathering area, ski racks and seating. • Provide mountain access more centrally located to the Club. The proposed building includes a new portal to the mountain in the center of the building. • Stagger start times of various club programs. The Club currently staggers start times to disperse the times athletes arrive at the Club and will continue to do so. Based on programs implemented by the Club, significant improvements were made to drop -off and pick -up operations on weekend days (specifically Saturday) this past year. The Club is committed to continuing these programs. The proposed building and access drive were designed specifically to further improve the efficiency of drop -off operations. Foremost among these improvements are the expanded space for athletes to gather in front of the Club and the upgraded drive aisle. The proposed access drive will provide three 10'8" wide lanes over a distance of 160'. The new drive will be heated, meaning the full width of the drive will be maintained throughout the winter (currently snowpack reduces the width and functionality of the drive throughout the winter). Refer to the Traffic Analysis Letter in the appendix of this report for additional information. Parking The SSCV Clubhouse is a unique land use, one that is not specifically addressed by Section 12 -10 -10 Parking Requirements Schedule of the Town Code. In such cases parking requirements are to be determined by the Planning and Environmental Commission. In order to determine the appropriate amount of parking for the Club it is important to understand how parking (and drop -off) has been addressed by the Club and by the Town in the past 40 -plus years the Club has been operating at Golden Peak. The initial development of the Club occurred in the mid- 1970's. In 1976 the Planning and Environmental Commission approved a CUP for the Clubhouse and at that time did not require any parking, stating "we feel additional parking in this location is not appropriate" (quote taken from a November 8, 1999 staff memo). In the mid -80's a second floor was added to the building and at that time no significant changes were required to parking. The 1976 CUP approval (with no on -site parking requirement) set the stage for the future operation of the Club — specifically, that emphasis should be on the drop- off /pick -up of Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 12 11/4/2014 athletes and the concept of having limited on -site parking. It could be speculated that the PEC's rationale for the Club providing limited parking was driven by a few key considerations: • The site's limited area made it very difficult to create on -site parking, • The success of Club operations is far more dependent upon effective athlete drop - off /pick -up than it is on -site parking, • Parking need is limited to the winter months only and during the winter parking demand is isolated to weekend days, and • Minimizing the amount of on -site parking at the Club will serve to reduce traffic within the neighborhood. These considerations remain relevant today. For more than a decade SSCV has been operating with the existing drop- off /pick -up drive aisle and 7 on -site parking spaces (while approximately 10 diagonal parking spaces can be utilized within the drive aisle, these spaces are only available when drop -off and pick -up is not taking place and as such are not considered on -site spaces). In essence this existing condition has "by default" established the Club's current parking requirement and in doing so has furthered the approach established by the 1976 PEC approval of having limited on -site parking. The parking situation at the Club "works" because the majority of Club activity is from athletes who are dropped off and picked up. On -site parking is not necessary for athletes. The Club allocates their limited on -site parking for shared use by key staff and coaches and limited visitor parking. Like many employees in Vail Village and Lionshead who do not have access to on -site parking at their workplace, Club coaches utilize car - pooling, remote lots (Ford Park and Soccer field), transit to get to the Club. The Club has functioned for many years with essentially just 7 on -site parking spaces. With the proposed re- development, surface spaces will be reduced to 5 and 19 Club spaces will be provided in a below grade parking structure. These 24 parking spaces will allow the Club to provide parking for over three times the number of employees and visitor than has occurred in the past. Based on the above, it is proposed that the PEC establish the required parking for the SSCV Clubhouse redevelopment to be 24 parking spaces. Coupled with enhancements to athlete drop -off facilities, this additional parking will put the Club in a solid position to effectively manage traffic operations in a manner that minimizes neighborhood impacts. Employee Housing The analysis below addresses both Commercial Linkage and Inclusionary Zoning and constitutes the "employee housing plan" for the project. Inclusionary Zoning Requirement Section 12 -24 -2 Employee Housing Requirements establishes a mitigation rate of 10% of the total new GRFA proposed by a project. +/ -9,996 square feet of GRFA are proposed Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 13 11/4/2014 by this re- development, resulting in an inclusionary employee housing requirement of 1,000 SF. 50% of this requirement must be provided on -site. Commercial Linkage Requirement As per section 12 -23 -4, employee housing mitigation requirements for a re- development project are based on new employee generation resulting from the net increase in floor area of the project. Employee generation resulting from increased square footage is based on rates prescribed by the Code. Town staff has deemed the SSCV use to be a "health club" and the housing requirement for the "Club portion" of the project is assessed at a rate of .96 employees per 1,OOOSF of net new floor area. The existing building is 6,369SF. The proposed Club space in the new building is 20,177SF, a difference of 13,808SF. These figures are based on the Town's definition of "net" floor area. This increase in square footage equates to 13.25 employees of which 20% must be provided with housing. The Commercial Linkage housing requirement is 2.65 employees. 50% of this requirement must be provided on -site. Employee Housing Mitigation Plan On -site and off -site mitigation is proposed to address the requirements outlined above: On -Site Mitigation On -site mitigation will be provided via a 548 SF studio unit and a 613 SF one - bedroom unit. The location and size of these units are depicted on the floor plans for the proposed project. The 548SF unit satisfies the 50% on -site requirement for Inclusionary Zoning. An employee housing "balance" of 452SF remains for the inclusionary requirement. The 613SF one - bedroom unit provides housing for 1.75 employees (based on town standards). An employee housing "balance" of .90 employees remains for the linkage requirement. Off -Site Mitigation Off -site mitigation will be provided in one of two ways — either with a cash -in- lieu payment or with the purchase and deed restriction of an existing dwelling unit with in the Town of Vail. Purchase and deed restriction of a unit is the Club's preferred solution. The ability to provide a deed restricted unit will, however, be subject to market supply and the availability to purchase a suitable dwelling unit. If a suitable unit is not available, a cash -in -lieu payment will be made in order to satisfy the project's housing requirement. A two- bedroom unit of approximately 800SF is expected to satisfy the off -site mitigation for both inclusionary and linkage. The specifics of how this unit will satisfy the off -site requirement will be determined in conjunction with town staff. A Cash -in -lieu solution would require a payment of approximately $127,895. Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 14 11/4/2014 This figure is based on the town's cash -in -lieu rates and assumes 452SF X $134.65 = $60,861.80 and .90 employees X $74,481 = $67,032.90. As outlined by the town code, off -site mitigation will be provided prior to issuance of a certificate of occupancy for the project. Mitigation requirements will be re- assessed at that time based on final building permit drawings. Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 15 11/4/2014 V. CONFORMANCE WITH APPLICABLE REVIEW CRITERIA Below is a summary of how the proposed project conforms to applicable review criteria for each of the four development applications. Minor Subdivision The proposed Amended Final Plat /Golden Peak Ski Base & Recreation District Parcel /Ski and Snowboard Vail will increase the SSCV parcel to +/- 22,828SF. This will be accomplished by "transferring" .2578 acres of land from Parcel 1 of the Golden Peak Ski Base & Recreation District Parcel (the VR parcel) to the SSCV parcel. Parcel I of the Golden Peak Ski Base & Recreation District Parcel will decrease in size to 47.130 acres. Amended Final Plat /Golden Peak Ski Base & Recreation District Parcel /Ski and Snowboard Vail Minor Subdivision Review Criteria There are no formal review criteria for a minor subdivision. It should be noted that both parcels affected by the subdivision are in conformance with their respective minimum lot sizes. Re- Zoning The existing SSCV parcel was re -zoned to Ski Base /Recreation 2 (SB /R -2) in 2012. The new land to be incorporated into the SSCV parcel is currently zoned Ski Base /Recreation 1. This land is proposed to be rezoned to Ski Base /Recreation 2 (SB/R -2) so that the entire SSCV parcel is governed by one zone district. There are only slight differences between SB /R -I and SB /R -2 zone districts. Most notably of these difference is with respect to allowable density. SB/R -2 allows for up to 8 dwelling units per acre. With this additional land area a total of 4 dwelling units on the SSCV site is permissible by zoning. The proposed re- development includes only two residential units — the same number of units permissible by the SB/R -2 zoning on SSCV's existing parcel (i.e. the increased site area to be re -zoned to SB/R -2 has not been used to increase the density of the project). A legal description of the area to be re -zoned is found in appendix. Re- zoning review criteria The following review criteria are to be considered in the review of a re- zoning request: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 16 11/4/2014 Response The property to be re -zoned has been zoned SB /R- 1 for a number of decades. This zone district was deemed to be consistent with "all applicable elements of the goals, objectives and policies of the Vail Comprehensive Plan " when the property was originally zoned SBIR and it is reasonable to assume that the SBIR- I zoning remains consistent with these goals, policies and objectives. Re- zoning this land to Ski Base /Recreation 2 will not significantly change the underlying purpose of the zone district, the allowable uses, development review processes or the majority of development standards. For these reasons it is reasonable to conclude the proposed zone district amendment is consistent with the Town's comprehensive plan. The Vail Village Master Plan and the Vail Land Use Plan are the two most relevant master plan documents to consider relative to the proposed re- zoning. Each of these documents includes a wide array of goals, objectives and policies along with other elements to be considered in reviewing a re- zoning proposal. The following is a brief summary of these two plans: Vail Village Master Plan (adopted 1990, updated 2006 and 2009) The SSCV club facility is located just outside of the boundary of the Vail Village Plan boundary and as such is also located outside the Land Use Plan and other Illustrative Plans found in the document. For example, the subject property is located immediately outside the Ski Base Recreation land use category which reads: Ski Base /Recreation: Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and services inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base /Recreation land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, outdoor cultural /art events and sports venue, open spaces, parking and loading /delivery facilities, and residential, retail, and restaurant uses. Given the subject property was zoned Ski Base /Recreation prior to the adoption of the VVMP, it is a reasonable assumption to acknowledge this land use category when considering this proposed re- zoning. A major element of the VVMP is the "Action Plan ". The Action Plan provides graphic and narrative descriptions of opportunities, constraints and other considerations relative to future land uses for ten unique "sub areas " throughout the Village area. These sub area concepts are intended to provide "advisory Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 17 11/4/2014 guidelines for future land use decisions to be used by the Planning and Environmental Commission and the Town Council. The Action Plan for the "Golden Peak Sub Area " does include the SSCV property. This element of the Plan states: The Golden Peak Ski Base Sub -Area has traditionally served as a recreational activity center throughout the year. The Golden Peak Ski Base facility provides one of four access portals to Vail Mountain during the winter months, and accommodates a number of the Town's recreation programs during the summer. In 1983, Vail Associates received approval for the redevelopment of this facility and in 1988, completed the Children's Ski Center. The further redevelopment of this area will serve to reinforce its role as a major ski base and recreational activity centerefo the entire community. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub Areas 6 and 7. This element of the VVMP would clearly support the proposed zoning for the SSCV property. Vail Land Use Plan (adopted 1986, updated 2009) The most pertinent goal from this Plan is 1.3 — "the quality of development should be maintained and upgraded whenever possible". The underlying purpose of this re- zoning request is to have one zone district on the entire SSCVparcel and to establish a "workable " zoning and development review process that will allow the Club to propose the upgrading of existing facilities. The subject property is designated "SB Ski Base " on the Land Use Map. This category is described as: "Ski base areas are designated at the main mountain portals found within the Town. Uses and activities for these areas are intended to encourage a safe, convenient and aesthetically pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base (SB) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading /delivery facilities, and residential, retail, and restaurant uses ". The proposed re- zoning to Ski Base /Recreation 2 is consistent with this land use category. (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 18 11/4/2014 Response Given the proposed use of the site and its proximity to Vail Mountain, the proposed zoning is suitable for both the existing use of the subject property and the potential future use of the property, and both existing and future uses are compatible with surrounding land uses. This finding is clearly evident when considering the very minor changes in proposed zoning when compared to the properties existing zoning. Potential future uses are also consistent with the town's adopted master plans. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; Response The existing Ski Base /Recreation zoning has been in place on the property for many years. Based on the fact that the Town zoned the existing SSCV property to Ski Base /Recreation 2 in 2012, it is reasonable to assume the proposed re- zoning will provide a "harmonious, convenient, workable relationship among land uses". Given the fact that proposed zoning to Ski Base /Recreation 2 would result in very few material changes as compared to the existing zoning, it is concluded that the proposed re- zoning is consistent with this criteria. The underlying purpose of the zone district is to ensure "compatibility ". Compatibility will be ensured by the zone district's requirement for development plan review as requisite of any development proposal. (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and Response One of the stated purposes of the SB /R 2 district is "... to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article". The requirement for all development within the SB /R 2 district to obtain approval of a development plan would inherently provide a system to ensure "orderly growth of our community". "Spot zoning" is generally considered applying zoning to a single (often small - sized) property without consideration the community's broader context. By the same token, courts have upheld re- zoning of single properties (regardless of size) if the re- zoning is consistent with a communities land use objectives and relevant community plans. Given the proposed re- zonings conformance with applicable community plans, this request would not be considered "spot zoning". (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 19 11/4/2014 Response The proposed re- zoning would not result in an adverse impact on any of the considerations listed above. (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; Response The stated purpose of the Ski Base /Recreation 2 district is: The Ski Base /Recreation 2 district is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the zone district. The ski base /recreation 2 district is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the zone district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this article. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the town, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public interests" that go beyond any economic benefits to the landowner. (Ord. 29(2005) § 25: Ord. 4(2003) § 1) The existing and planned uses of the subject site are consistent with "uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community" (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; Response This is not necessarily a case where "conditions have changed" so much as it is a situation where the re- zoning is necessary to provide one single zone district to regulate the future development of the SSCV parcel. (8) Such other factors and criteria as the commission and /or council deem applicable to the proposed rezoning. Response Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 20 11/4/2014 To be determined by the Planning and Environmental Commission and /or Town Council. The diagram below depicts the area to be re- zoned. Beiindary of �Eziskin SSCV Parcel x � l a:>�, 1 ¢ U �• Y _= \,--Property to be rezoned _- to SBIR -2 Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 21 11/4/2014 Development Plan Section IV above provides a description of relevant elements of the proposed development plan. Criteria to be used in the review of a proposed development plan include: (1) Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. Response The nature of the proposed use and measures to ensure the project's compatibility are outlined above in section IV of this report. This property has been used by the Club for over forty years. This alone demonstrates the compatibility of this use with other properties in the vicinity. Enhancement to athlete pick up /drop off facilities, the redevelopment of the building and other site /landscape improvements will re- enforce SSCV's compatibility with other properties in the vicinity. (2) The relationship and impact of the use on development objectives of the Town. Response Re- zoning criteria #1 (see above) provides a comprehensive assessment of how the proposal conforms to the town's comprehensive plan and overall development objectives. (3) The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facility needs. Response The proposed project will not have an adverse effect on any of the factors listed above. (4) The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. Response Athlete pick -up and drop -off on weekend days during the ski season impact traffic conditions on Vail Valley Drive. Significant steps have been taken by the Club (and Vail Resorts) over the past few years to minimize the impact of weekend traffic and the results of these efforts has been widely regarded as very positive. The proposed re- development includes a number of steps to further improve the Club's ability to manage pick -up and drop -off. Foremost among these is widening the drive aisle to the Club (to provide more space to facilitate loading /unloading) and to snowmelt this surface (to ensure that the width of the drop -off area does not diminish from snow buildup). A host of management strategies (both new initiatives and existing programs) are also proposed (refer to Section IV.) to ensure that the club does not adversely impact traffic flow on Vail Valley Drive. Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 22 11/4/2014 (5) The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Response The proposed building is designed within the maximum building height permitted by the SB /R -2 zone district. It should be noted that the allowable height of the SB /R -2 zone district is less than the building height permitted by zoning on properties surrounding SSCV. As such, the proposed building is very much in keeping with the scale and bulk of surrounding uses. Conditional Use Permit The Town has historically considered the SSCV use as a "private and public club ". This use is permissible in the SB/R -2 zone district. Over the years the Town has approved a number of Conditional Use Permits (CUP) for SSCV. Re- development of the building necessitates issuance of another CUP for the project. Criteria to be used in evaluation of a proposed CUP are identical to the criteria used to evaluate a proposed development plan. Refer to the responses above. Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 23 11/4/2014 VI. APPENDIX Legal Description of area to be re -zoned Traffic Analysis Letter Minor Subdivision Plat Ski and Snowboard Club Vail Development Plan and Subdivision Applications Page 24 11/4/2014 CERTIFICATE OF DEDICATION AND OWNERSHIP Know all men by these presents that The Vail Corporation, A Colorado Corporation, being sole owners in fee simple of all the real property situated in the Town of Vail, Eagle County, Colorado, described as follows: PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL, ACCORDING TO THE PLAT RECORDED JANUARY 15, 1987 IN BOOK 455 AT PAGE 934, COUNTY OF EAGLE, STATE OF COLORADO, EXCEPTING THEREFROM THE LAND DESCRIBED ON CONDOMINIUM MAP OF GOLDEN PEAK CONDOMINIUMS RECORDED SEPTEMBER 17, 1997 IN BOOK 737 AT PAGE 493. have by these presents laid cut, platted and subdivided the some into parcels as shown on this final plat under the name and style of: Golden Peak Ski Bose and Recreation District Parcel, A Resubdivision of Parcel 1, a subdivision in the Town of Vail, Eagle County, Colorado; and do hereby dedicate and set apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and do hereby dedicate those portions of said real property which are indicated as easement on the accompanying plot as easements for the purpose shown hereon; and do hereby grant the right to install and maintain structures to the entity responsible for providing the services for which the easements are established. Executed this day of Owners: The Vail Corporation, a Colorado Corporation As to Parcel A Address: BY: ------------------------- As: _ STATE OF COUNTY OF )ss. A.D., 20___. The foregoing instrument was acknowledged before me this _ day of --------- - - - - -- A.D., 2014 by — — — — — — — — — — — — — — — — — — — — — — — — — as of The Vail Corporation, a Colorado Corporation. My Commission expires: _ Witness my hand and seal. Notary Public Address: TITLE CERTIFICATE Land Title Guarantee Company does hereby certify that the title to all lands shown upon this final plat has been examined and is vested in: The Vail Corporation, and that title to such lands is free and clear of all liens and encumbrances, except as follows: Dated this - - - -- day of __ Land Title Guarantee Company Address: By: As: gAn] Ig IIAI II UV 4- Iri]A,1G ►t 41199 HIGHWAY 6 & 24, EAGLE —VAIL P.O. BOX 1230 EDWARDS, CO. 81632 (970)949 -1406 11/4/2014 AMENDED FINAL PLAT GOLDEN PEAK SKI BASE & RECREATION DISTRIC A RESUBDIVISION OF PARCEL 1 TOWN OF VAIL, EAGLE C QUNTY, C OLORAD D nrvRr+J RD 9 s�'R4QpLE CREED Rf?q ROINGE ROAD VN El IN r~ r` BRIDGE C9 DER, ST. 0 ROAD Q ESr R�. e 'o CHALET RD. i~ LtEY I�� ROAD VICINITY MAP T5S, R80W, 6TH P.M. SCALE: 1"= 400' LAND USE SUMMARY LOT AREA ADDRESS A.D., 20 - - -. Parcel 1 47.130 *460 Vail Valley Drive Parcel 3 0.258 *596 Vail Valley Drive *NOTE: Addresses are for informational purposes only and may be subject to change. Please verify addresses with the Town of Vail. NOTES: 1) Date of Survey: July 2014 2) Land Title Guarantee Company Commitment Nos. VC50038732 & VC50038733, doted 06/05/14 were relied upon for all title and easement information. 3) Notice: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 4) Bcsis of Bearings: A line between found monuments at the Center —West 1/16 and Northwest 1/16 corners of Section 8, Township 5 South, Range 80 West, 6th Principle Meridian having a bearing of N00'1 1'01 "W, as shown and described hereon. 5) The purpose of this plat is to subdivide Parcel 1, Golden Peck Ski Bose and Recreation District Parcel, creating Parcel 1 and Parcel 3, all as shown and described hereon. 6) The U.S. survey foot is the lineal unit used for the dimensions on this plat. SURVEYOR'S CERTIFICATE T PARCEL I do hereby certify that I am a professional Land Surveyor licensed under the laws of the State of Colorado, that this plat is true, correct and complete as laid out, plotted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the some are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness thereof I hove set my hand and seal this day of A.D., 2014 — — — — — — — — — — --------------- - -- Stan Hogfeldt Colorcdo PLS 26598 V TOWN COUNCIL CERTIFICATE This plat approved by the Town Council of the Town of Vail, Colorado this day of , A.D., 2014, for filing with the Clerk and Recorder of Eagle County and for conveyance to the Town of Vail of the public dedications shown hereon; subject to the provision that approval in no way obligates the Town of Vail for maintenance of roads dedicated to the public until construction of improvements thereon shall have been completed in accordance with Town of Vail specifications and the Town Council of the Town of Vail has by a subsequent resolution agreed to undertake maintenance of the some. This approval does not guarantee that the soil conditions, subsurface geology, ground water conditions, or flooding conditions of any lot shown hereon are such that c building permit or any other required permit will be issued. This approval is with the understanding that all expenses involving all improvements required shall be the responsibility of the subdivider and not the Town of Vail, 1:'1111.16 Town Clerk Town of Vail, Colorado Mayor Town Council Town of Vail, Colorado PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE This final plat was approved by the Town of Vail Planning and Environmental Commission this - - - - -- day of ------------ - - - --, A.D., 20_--. ATTEST: Town Clerk Town of Vail, Colorado ADMINISTRATOR CERTIFICATE Chairman Town of Vail Plonning and Environmental Commission This final plat is hereby approved by the Town of Vail Administrator this - - - - -- day of --------- - - - - -- A.D., 20 - - -- ATTEST: Town Clerk Administrator Town of Vail Town of Vail CERTIFICATE OF TAXES PAID I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of upon all parcels of real estate described on this plat ore paid in full. Dated this - - - - -- day of ----------- - - - --, A.D., 20 - - - -. Treasurer of Eagle County CLERK AND RECORDER'S CERTIFICATE This Plat was filed for record in the Office of the Clerk and Recorder at --- - - - -_o'clock ___.M., on this - - - - -- -day of ---------- - - - --, 20 - -__, and is duly recorded as Reception No-------------- - - - - -. Clerk and Recorder By: ----- - - - - -- Deputy AMENDED FINAL PLAT GOLDEN PEAK SKI BASE & RECREATION DI TRIO A RESUBDIVISION OF PARCEL 1 TOWN OF VAIL, EAGLE C OUNTY, C OLORAD O 0= 80'36'14" R= 20.00' A= 30'41'05" L= 28.13' R= 225.01' T= 16.96' L= 120.50' BRG= N85'54'53"E T= 61.73' C LEN = 25.87' BRG= S69`07'32 "E N89.40'12'"E 1322.21' (MEAS) C LEN= 119.07' - - - - - - -.- _ ------- _.- .- .- . -._. -. -- &=0,3* 11 13 N45'3646 E R= 166.05' $4.$0' L =9.24' r 584'28'137 "E 15-21' 1 T =4.62' t 884 "28'07 "E 262.92' BRG= N46'38'25" � C LEN =9.23' `� � � � �' -- -- I C3 MILL CREEK CIRCLE ACCESS EASEMENT' (R.O.W. VARIES) 161 (R.N. 633447) G En I _ ©= 28'43'{)0" N70�'��' SO4'35'37 "W w 8'! 95.07' to of I ¢ R =161.92 L =81.15', LOT 19 GOLDEN PEAK 0 ¢ W (n T =41.45 �, CONDOMINIUMS L7 Jz i BRG =N 80..3132 "E �� S0435'37"W °O � CLEN = $0.31' 102.54 � II m! L3 zn ;� II a o LOT 18 o O� S85' 24'23 "E z � VAIL VILLAGE 179-05 m I FIRST FILING1 TRACT E DRAINAGE EASEMENT LOT 17 (R.N. 200732788) -� 10' UTILITYIII EASEMENT � (R.N. 102538) LOT 13 t'I, 6�. LOT 16 �o CHAIRLIFT TERMINALS a 14 LOT , `0 r sy r S . Q, ELECTRIC EASEMENT rr err LOT 15 ® (R.N. 200924671) z r� rr r' r rtr 4 579'58058" 1.20.4.4 � I�l ' tint W ti PARCEL 1 47.130 ACRES 460 z u-i 1 WATERLINE EASEMENT I (R.N. 928665) ti� M i Vf jt � l �4 1 ! r r �r rr r` r r�r rr r' 4 r�r rr r } HOLY CROSS ELECTRIC EASEMENT rr r (R.N. 770974) S86'39'37 'W 759.21' (TIE) r r S89'44'08"W 1326.58' BOUNDARY CURVE TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH Cl 80'38'39" 12.00' 16.89' 10.18' 505'25'07 "W 15.53' C2 134'15'22" 61.05' 143.05' 144.72' S70'44'55 "W 112.50' C3 14'58'27" 49.50' 12.94' 6.51' N49'36'40 "W 12.90' C4 152'30'53" 25.50' 67.88' 104.27' S6W47'07 "E 49.54, C5 65722'02" 80.00' 91.27' 51.33' N2453'22 "W 86.40' C6 12'11'40" 148.00' 31.50' 15.81' N63'40' 12 "W 31.44' gAni Ig I /Al 1 Gv nnlDllGvl 41199 HIGHWAY 6 & 24, EAGLE -VAIL P.O. BOX 1230 EDWARDS, CO. 81632 (970)949 -1406 11/4/2014 BOUNDARY LINE TABLE LINE BEARING DISTANCE L1 N8533'1 7"W 11.52' L2 585'24'23 "E 3.00' L3 '585'08'08 "E 2.44' L6 SO4'10'47 "W 9.55' L7 N85'49'1 3"W 15.00' L8 SO4'1 0'47"W 148.00' L9 S8549' 13 "E 120.00' L10 N50'25'03 "E 57.30' L11 S59'20'04 "E 19.58' L12 S59'20'04 "E 20.42' L13 N82'19'22 "W 39.18' d= 90'38'09" R= 83.18' L= 131.58' T= 84.11' BRG = 539'09'03 "E C LEN= 118.28' 0= 23'54'51 " R= 174.99' L= 73.04' T= 37.06' BRG= S05'47'24 "E C LEN = 72.51' DRIVE- s) A =1 6'00'00" R= 125.00' L= 34.91' T= 17.57' BRG = 567'20'04 "E C LEN= 34.79' 535.$5' S59 "20'04 "E 40.00' S3939'56"W "90.00' T PARCEL SKI AND SNOWBOARD CLUB VAIL ,(BOOK 247, PACE 18) S82' 19'22 "E 126.69' PINGS DEL NORTE 20' EASEMENT (R.N. 102730) UNPLATTED NORTHWOODS CONDOMINIUMS VAIL VILLAGE SEVENTH FILING S89'44'08"W Q' 100' 200' 300' SCALE. 1"=100' TOWN OF VAIL GOLF COURSE S82'59'27"W pw Ln � Lt � � rn m z x � y C C7_ TOWS OF VAIL i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 4, 2014 ITEM /TOPIC: Second Reading of Ordinance No. 15, Series of 2014, An Ordinance Repealing and Reenacting the Approved Development Plan for Special Development District No. 8, Fallridge, Pursuant to Article 12- 9A -10, Amendment Procedures, Vail Town Code, to Allow for the Conversion of Three Commercial Condominiums to Three Residential Condominiums, Located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and Setting Forth Details in Regard Thereto. (PEC140033) PRESENTER(S): Joe Batcheller, Community Development ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 15, Series of 2014, upon second reading. BACKGROUND: The applicants, represented by Matthew King, are requesting a second reading of Ordinance No. 15, Series of 2014, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. On October 7, 2014, the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2014, with a vote of 4 -3 -0 (Bruno, Moffet, and Rogers opposed). On October 21, 2014, the Vail Town Council continued to November 4, 2014, the second reading of Ordinance No. 15, Series of 2014. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Town Council approves the second reading of Ordinance 15, Series of 2014, with the following conditions: 1) The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C -1, 2,661 sq. ft.; C -2, 954 sq. ft.; C -3, 1,517 sq. ft.) in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12 -24 -6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C -1, C -2, and C -3. ATTACHMENTS: TC Memorandum Attachment A Ordinance No. 15, Sereis of 2014 Attachment B PEC Memorandum Attachment C PEC Reults Attachment D SDD Memorandum From 010405 Attachment E Applicant's Analysis 0) TOWN OF VAIL Memorandum TO: Vail Town Council FROM: Community Development Department DATE: November 4, 2014 SUBJECT: Second reading of Ordinance No. 15, Series of 2014, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. (PEC140033) Applicants: FRC3 LLC, William Pierce, and Mery Lapin, represented by Matthew King Planner: Joe Batcheller I. SUMMARY The applicants, represented by Matthew King, are requesting a second reading of Ordinance No. 15, Series of 2014, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. As each applicant will convert their condominiums on schedules independent of one another, they shall mitigate their specific unit's impact in accordance with the methods and timing prescribed in Section 12 -24 -6, Methods of Mitigation, Vail Town Code, at the time of conversion. On October 7, 2014, the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2014, with a vote of 4 -3 -0 (Bruno, Moffet, and Rogers opposed). The Vail Town Council tabled the second reading of Ordinance No. 15, Series of 2014, with a vote of 4 -3 -0 (Daly, Kurz, and Bugby opposed). For the second reading, the Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 15, Series of 2014. 11/4/2014 DEVELOPMENT STATISTICS Should Ordinance No. 15, Series of 2014, be approve, the development statistics in Fallridge will change as follows: Standard Density Dwelling Units (DU) Residential Floor Area Commercial Floor Area Parking Existing 54.6 DU's per acre 71 DU's 85,000 s.f. 5,132 s.f. (5,250 s.f. allowed) 140 (143 per SDD8)* Proposed 56.9 DU's per acre 74 DU's 90,250 s.f. 0 s.f. 140 PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On September 22, 2014, the Planning and Environmental Commission recommended the Vail Town Council approve, with conditions, Ordinance No. 15, Series of 2014, upon second reading, with a vote of 7 -0 -0, with the following conditions: 1. The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C -1, 2,661 sq. ft.; C -2, 954 sq. ft.; 1,517 C -3, sq. ft.) in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12 -24 -6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C -1, C -2, and C -3. This recommendation was based upon the review of the criteria outlined in the September 22, 2014, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. IV. ACTION REQUESTED OF THE TOWN COUNCIL Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2014, upon second reading, the Community Development Department recommends the Council passes the following motion: Town of Vail 11/4/2014 Page 2 "The Vail Town Council approves Ordinance No. 15, Series of 2014, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12 -9A- 10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) /Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. " Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2014, the Community Development Department recommends the Council applies the following condition: The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C -1, 2,661 sq. ft.; C -2, 954 sq. ft.; C -3, 1,517 sq. ft.) in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. Since each applicant will convert their condominiums on schedules independent of one another, they shall mitigate their specific unit's impact in accordance with the methods and timing prescribed in Section 12 -24 -6, Methods of Mitigation, Vail Town Code, at the time of conversion. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C -1, C -2, and C -3. Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2014, the Community Development Department recommends the Council makes the following findings: "Based upon the review of the criteria outlined in the September 22, 2014, 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. " Town of Vail 11/4/2014 Page 3 V. ATTACHMENTS A. Ordinance No. 15, Series of 2014 B. PEC memorandum dated September 22, 2014 C. September 22, 2014, PEC meeting results D. Town Council memo regarding Special Development Districts dated January 4, 2005 E. Applicants' response to Councilor Moffet's request for additional public benefit Town of Vail 11/4/2014 Page 4 ORDINANCE NO. 15 SERIES 2014 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 17, SERIES OF 1977, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 8, FALLRIDGE, TO ALLOW FOR THE CONVERSION OF THREE COMMERCIAL CONDOMINIUMS TO THREE RESIDENTIAL CONDOMINIUMS, 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 (the "Council ") have been duly elected and qualified; and WHEREAS, Ordinance No. 17, Series of 1977, established Special Development District No. 8, Fallridge, per the approved development plan; and WHEREAS, Ordinance No. 6, Series of 1982, amended Chapter 18.41, Vail Town Code, per the approved development plan; and WHEREAS, Section 12 -9A -10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to reestablish Ordinance No. 17, Series of 1977, to amend the approved development plan, allowing for the conversion of three condominiums from commercial use to residential use, and WHEREAS, said commercial property is an outlying use, while permitted, in what is a predominantly residential area of Vail, and WHEREAS, Special Development District No. 1 established a development plan for the Sunburst Subdivision that was never fully realized due to financial insolvency, leaving Phase I ( Fallridge) as a remnant of incomplete development in an area with a much different arrangement and intensity of land uses than originally envisioned, and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on September 22, 2014, on the major amendment application and has submitted its recommendation of approval with conditions to the Vail Town Council by a vote of 7 -0; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and 11 /14/2014 Ordinance No. 15, Series of 2014 WHEREAS, the approval procedures of Article 12 -9A, Vail Town Code, have been fulfilled; and 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 re- establish Special Development District No. 8, Fallridge. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 17, SERIES OF 1977, IS HEREBY REPEALED AND REENACTED WITH AMENDMENTS TO READ AS FOLLOWS: Section 1. The approval procedure prescribed in Section 12- 9A -10, Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 8. Section 2. Pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, Ordinance No. 17, Series of 1977, is hereby repealed and reenacted, amending the development plan for Special Development District No. 8, which eliminates commercial as a permitted use for Lot 2, Sunburst Filing 3. Section 3. Special Development District No. 8, a special development zoning district, is hereby established for the development of a certain parcel of land comprising 1.3 acres in Sunburst Filing 3. The Official Zoning Map is hereby amended by the addition of the following provisions set forth as "Special Development District No. 8" and a map which shall become an addition to the Official Zoning Map. Section 4. Purposes: Special Development District No. 8 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Zoning Ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard districts on the area. Section 5. Established: Special Development District No. 8 is established for the development of multi - family dwelling and nemmerGiol eRterp4se on a parcel of land comprising 1.3 acres in the formerly created S-DI SDD1 area of the Town Special Development District 8 and said 1.3 acres is referred to as "SDD8 ". The existing building consisting of 74 74 dwelling units contains approximately 55,000 90,250 square feet of gross residential floor area and approximately 5,7rn square foot of nemmerniol space and 44-3 140 underground parking spaces, and shall be included in SDD8. 11 //2014 Ordinance No. 15, Series of 2014 Section 6. Permitted Uses: In SDD8 (existing building), the following uses shall be permitted: A) Multiple family residential dwellings. B) AGGessory retail and restaurant and serviGe establishments net more than 5,250 square foot innli �rding the felleWing• e Apparel stores Art supply stores and galleries Rook stores CamerCamera a Candy stores rn Spenlalty Florists v(`_oft stores m�n� Hobby stores jewelry Leather l iq nor stores Newsstands Sporting Stationery Toy Cores Variety stores Barber shops Beauty shops Travel and Delinatessens GOGktail Coffee shops Fountains Restaurants stores and photographin studios and glassware stores food stores stores goods stores and tobango stores goods stores stores tinket agengies with food seryone lounges, taverns and bars and sanrdWigh shops G)The leasing or selling of eXGess parking spares in order to attempt to aGGommodate D)Additional arrerrd automobiles by development on adjoining generated property. businesses or seNiGes determined to be similar to permitted uses with the provisions of 10.66.040. hereof Section 7. Conditional Uses: In SDD8 the following conditional uses shall be permitted subject to the issuance of a Conditional Use Permit in accord with the provisions of Chapter 18.660 12 -16, Conditional Uses, Vail Town Code, hereof: A) Public utility and public service uses. B) Public buildings, grounds and facilities. C) Public or private schools. D) Public park and recreational facilities. E) Meeting rooms. F) Major arGade, so long as it does Rot have any exterior frontage eR any publ-iG 11 //2014 Ordinance No. 15, Series of 2014 Section 8. Accessory Uses: In SDD8 the following accessory uses shall be permitted: A) Indoor and outdoor recreational facilities, including but not limited to, swimming pools and tennis courts. B) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of 18.58. 130 Section 12- 14 -12, Home Occupations, Vail Town Code, hereof. C) Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. Section 9. Development Standards: General Density Plan of SDD8, existing building maximum gross residential floor area (square feet): 85,000 90,250. Maximum number of dwelling units: 74 74. Underground parking spaces: 443 140. Section 10. Recreational Amenities: The developer shall provide a parcel of land of approximately 2 acres from land adjacent to SDD8, presently owned by it and not necessarily contiguous to the SDD8, which parcel shall be used for recreational amenities to be provided by the developer, and determined jointly by the developer of SDD8 and the developer of said adjacent land subject to approval by the Town. The owners of dwelling units located within SDD8 shall be entitled to use such amenities pursuant to the rules and regulations of the homeowners' association governing the recreational amenities parcel of which all owners of dwelling units in SDD8 and on said adjacent land are members. Section 11. Conditions of Approval: 1. The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C -1, 2,661 sq. ft.; C -2, 954 sq. ft.; 1,517 C -3, sq. ft.) in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12 -24 -6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C -1, C -2, and C -3. Section 13. 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 have passed this ordinance, and each part, section, subsection, sentence, clause or 11/2014 Ordinance No. 15, Series of 2014 phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 14. 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 15. 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 16. 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 7th day of October, 2014, and a public hearing for second reading of this Ordinance set for the 4th day of November, 2014 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of November, 2014. ATTEST: Patty McKenny, Town Clerk Andrew P. Daly, Mayor 11 4/2014 Ordinance No. 15, Series of 2014 0) rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 22, 2014 SUBJECT: A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 8, Fallridge, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial units to three residential dwelling units, located at 1650 Fallridge Road, Units C1, C2, C3 (Fallridge Condominiums) /Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. (PEC140033) Applicants: FRC3 LLC, William Pierce, and Mery Lapin, represented by Matthew King Planner: Joe Batcheller I. SUMMARY The purpose of this public hearing is to allow the applicants, represented by Matthew King, to request a recommendation for a proposed amendment to the adopted Special Development District No. 8, Fallridge. The proposed amendment is to convert three commercial condominiums to three residential dwelling units. Based upon Staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the major amendment to Special Development District No. 8, as proposed, subject to the findings noted in Section VII of this memorandum. Included for review are a vicinity map (Attachment A), the applicants' written request (Attachment B), the Fallridge Condominium Map (Attachment C), Ordinance No. 17, Series of 1977 (Attachment D), and the historic development plan for SDD1 (Attachment E). 11/4/2014 II. DESCRIPTION OF THE REQUEST The applicants, represented by Matthew King, are requesting a recommendation to Town Council of a proposed major amendment to the Special Development District No. 8, Fallridge, to convert three commercial condominiums to three residential condominiums. The applicants are requesting that Section 3 of Ordinance No. 17, Series of 1977, be amended. The Ordinance is proposed to be amended as follows: Text to be deleted is shown as struck (i.e. delete), while text to be added is shown as bolded (i.e. add). 1082.401. Established. Special Development District 8 is established for the development of multi- family dwelling and nommern;al enterprise on a parcel of land comprising 1.3 acres in the formerly created SSD1 area of the Town; Special Development District 8 and said 1.3 acres is referred to as "SDD8 ". The existing building consisting of 74 74 dwelling units contains approximately 85,000 90,250 square feet of gross residential floor area and appr-G*imatety 5,2 square foot of oommern;al spaGe and 443 140 underground parking spaces, and shall be included in SDD8. 10834.01. Permitted Uses. In SDD8 (existing building), the following uses shall be permitted: A) Multiple family residential dwellings; than 5,250 square foot ;nr LUd;ng the followhag. -- pparel stores Art supply stores and galleres Roof stores Gandy stores Chinaware and glasswa e stoore -s, Spen;alty feed stores Fle is Gift store Hobby store jewelry stores Leather woods stereo 1 quigr stores Newsstands and tehannp stores Stationery stores Toyer Variety stores Ra ,ber shops Beauty shops Town of Vail 11/4/2014 Page 2 Travel and fin Lot agen6es e inotesseno with fdoel erWGe Ceffee shops RestauFapts annnmmedate utomeb#es generated by development on adjoining nropeo D) Additional businesses or services determined to be similar to permitted uses in accord with the provisions of 1084.606. hereof. 10864.01. Development Standards. General Density Plan of SDD8, existing building maximum gross residential floor area (square feet): 85,009 90,250 Maximum number of dwelling units: 74 74 Underground parking spaces: 4-43 140 III. BACKGROUND Fallridge was developed in the early 1970's as part of what was to be the first phase in a much larger development. The subsequent phases were to occur in the surrounding known today as the Vail Golf Course Townhomes. The vision was for this are to become a high density, mixed use core area, functioning similarly to Vail Village and Lionshead. Special Development District No. 1 was established in 1973, as part of an omnibus ordinance — Ordinance No. 8, Series of 1973. The intent of Special Development District No. 1 was to facilitate this plan for a high density, mixed use core area. Due to financial insolvency, however, the plan was not fully executed and the only building erected was Fallridge. Four years later, Ordinance No. 17, Series of 1977, was passed to establish Special Development District No. 8 for the purposes of the Fallridge building. SDD8 supplanted SDD 1 and the surrounding area was rezoned to Low Density Multiple Family. In regards to the commercial condominiums within Fallridge, they served as office space for various types of businesses. Past and present tenants include the following types of professionals: architects, engineers, lawyers, property managers, realtors, real estate developers, and software developers. Town of Vail 11/4/2014 Page 3 IV. APPLICABLE PLANNING DOCUMENTS Vail Town Code (in part) CHAPTER 12 -1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12 -1 -2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off - street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12 -9A, SPECIAL DEVELOPMENT DISTRICT (in part) 12 -9A -1: Purpose and Applicability: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate Town of Vail 11/4/2014 Page 4 use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; tc preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. B. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, single - family residential, two - family residential and two - family primary /secondary residential. 12- 9A -10: AMENDMENT PROCEDURES: B. Major Amendments: Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12 -9A -4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12 -3 -6C of this title. 12 -24 -6: METHODS OF MITIGATION: B. For all development projects except those mitigated by subsection A of this section, the mitigation of employee housing required by this chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this title, the choice of method(s) used to mitigate the employee housing requirements of this chapter shall be at the sole discretion of the applicant. 1. On Site Units: a. All on site EHUs shall be deed restricted as a "type IV -IZ" (type four, inclusionary zoning mitigation) or "type VII -IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with chapter 13, "Employee Housing ", of this title. b. At the sole discretion of the applicable governing body, an applicant may provide on site dormitory style units. Town of Vail 11/4/2014 Page 5 2. Conveyance Of Property On Site: An applicant may convey on site real property to the town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the town council. This method does not mitigate the on site unit requirements of subsection A of this section. 3. Off Site Units: a. The requisite number of EHUs, or a portion thereof, may be provided off site within the town, provided that such EHUs are deed restricted in accordance with this chapter. b. At the sole discretion of the planning and environmental commission, an applicant may provide off site dormitory units, unless the application is for a special development district, in which case, the town council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment Of Fees In Lieu: a. The fee in lieu for each square foot shall be established annually by resolution of the town council, provided that in calculating that fee, the town council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the town to provide the square feet in that year. b. An administrative fee, established by resolution of the town council, shall be added to the amount set forth in subsection 84a of this section. c. Fees in lieu shall be due and payable prior to the issuance of a building permit for the development. d. The town shall only use monies collected from the fees in lieu to provide new employee housing. 5. Conveyance Of Property Off Site: The town council may, at its sole discretion, accept a conveyance of real property off site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. IV. SITE ANALYSIS Address: 1650 Fallridge Road Legal Description: Lot 2, Sunburst Filing 3 Zoning: Special Development District No. 8 Town of Vail 11/4/2014 Page 6 Land Use Designation: Medium Density Residential Current Land Use: Special Development District No. 8 Lot Size: 1.3 acres / 56,628 s.f. Geological Hazards: None Special Development District No. 8 has no underlying zone district. Standards are set by the Vail Planning and Environmental Commission and the Vail Town Council. Standard Existing Proposed Lot Size 1.3 ac (56,628 s.f.) No change Density 54.6 DU's per acre 56.9 DU's per acre Dwelling Units (DU) 71 DU's 74 DU's Residential Floor Area 85,000 s.f. 90,250 s.f. Commercial Floor Area 5,132 s.f. 0 s.f. (5,250 s.f. allowed) Setbacks 5 to 30 feet No change Site Coverage 56% (33,846 s.f.) No change Height 42 feet No change Landscaping SDD8 39% (23,544 s.f.) No change Development Site 59% (86,993 s.f.) No change Parking 140 (143 per SDD8)* 140 *The development plan calls for 143 parking spaces; however, only 140 parking spaces now exist within the parking structure. 10 -15 years ago, four structured parking spaces were enclosed for the purposes of a maintenance shop and a laundry room. The site also offers unstructured parking along the driveway to the north and east of the building. Staff has observed that the driveway is typically used for short term parking and is in low demand. According to the requirements of Chapter 12 -10, Off Street Parking And Loading, Vail Town Code, Fallridge would be required to provide 163 parking spaces for its current configuration of uses. With the proposed amendment, Fallridge would deviate less from the requirements of Chapter 12 -10, Off Street Parking And Loading, Vail Town Code, which would be 148.5 parking spaces. The applicants' request a determination form the Planning and Environmental Commission and Town Council that the existing parking facilities are adequate. Town of Vail 11/4/2014 Page 7 V. SURROUNDING LAND USES AND ZONING Land Use North: Medium Density Residential South: Medium Density Residential East: Medium Density Residential West: Medium Density Residential VI. CRITERIA FOR REVIEW Zoning Low Density Multiple Family Low Density Multiple Family Low Density Multiple Family Low Density Multiple Family Before acting on a major amendment to a special development district amendment application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposed major amendment to Special Development District No. 8 would facilitate a change in use to three condominiums from commercial to residential. No exterior changes would result from this proposed amendment. Since the architectural character, bulk, mass, and scale of Fallridge is to remain the same, Staff finds the proposed amendment meets the compatibility criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. As mentioned in Section III of this memorandum, the original development plan for the area was a high density, mixed use core area. Fallridge was developed with this intent, having commercial uses included with residential uses. Financial insolvency and subsequent zoning changes led to a different outcome for the surrounding area than what was initially envisioned. The area immediately surrounding Special Development District No. 8 is zoned Low Density Multi- family Residential. The surrounding neighborhood is also zoned residential, with the exception of the Vail Golf Club. Staff finds that the proposed amendment to Fallridge Special Development District No. 8 to allow for converting commercial condominiums to residential remains in keeping with the nature of the surrounding area. Density would increase from 71 Dwelling Units to 74 Dwelling Units total. Activity generated from three residential condominiums relative to the activity generated from three commercial condominiums would most likely decrease, as arrivals and departures of employees, clients, and delivery vehicles would no longer occur. Therefore, Staff finds the proposed amendment meets this criterion. Town of Vail 11/4/2014 Page 8 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Staff has analyzed the existing parking supply versus the parking needs associated with the proposed amendment to Special Development District No. 8 and has found that the demand for parking would decrease. Per the Vail Town Code parking requirements *, the commercial condominiums in Fallridge needs 21 parking spaces, whereas for residential condominiums, 6.5 parking spaces are needed. Thus, Staff finds the current parking facilities are adequate to accommodate the proposed amendment to Special Development District No. 8. Regarding loading requirements, the proposed SDD amendment would lessen the demand for loading facilities, as such a function is typically associated with commercial uses and not residential. Furthermore, Fallridge does have a loading facility to accommodate its existing commercial condominiums. Based on the current and projected demands for parking and loading at Fallridge, Staff finds the proposed amendment to Special Development District No. 8 meets the requirements of this criterion. *Professional and business office space: One parking space per 250 square feet Existing: 5,132 square feet office space requires 21 parking spaces. Multi - family dwellings: Dwelling units between 500 & 2, 000 square feet requires 2 parking spaces Dwelling units over 2, 000 square feet require 2.5 parking spaces Existing: Three additional dwelling units 1. 954 square feet requires 2 parking spaces 2. 1,517 square feet requires 2 parking spaces 3. 2,661 square feet requires 2.5 parking spaces 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff has reviewed the various documents comprising Vail's Comprehensive Plan and found the Vail Land Use Plan to applicable. The Vail Land Use Plan designates Fallridge as Medium Density Residential. The Plan describes Medium Density Residential as follows: The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/ public uses such as parks and open space, churches and fire stations. Town of Vail 11/4/2014 Page 9 Staff believes the following goals of the Vail Land Use Plan are applicable to the proposal to amend Special Development District No. 8. 1. General Growth/ Development 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3. Commercial 3.4. Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. The proposed amendment to Special Development District No. 8 would allow for residential growth in an existing developed area that is already platted, which is in keeping with goals 1.12 and 5.1 of the Vail Land Use Plan. Goal 3.4 of the Vail Land Use speaks to the desired location of commercial growth within the Town of Vail, which is Vail Village, Lionshead, and a few peripheral commercial areas. Fallridge is not, for all intents and purposes, a commercial area. The commercial condominiums at Fallridge are the result of the first phase of a larger development that never came to fruition. As such, these offices are outliers to existing surrounding uses and do not meet goal 3.4 of the Vail Land Use Plan. Another important consideration is that Town officials have expressed an interest in preserving commercial floor area within Vail— specifically, office space. Vail's Comprehensive Plan does not formalize this goal as a policy, however. An option for off - setting the loss office space, as it pertains to this application, is to require employee housing mitigation take place on site. Off site mitigation would require a fee -in -lieu for 10% of the new Gross Residential Floor Area, or 513 square feet. There is opportunity on site to provide as much 5,132 square feet of employee housing. This would be one avenue for providing a community benefit that off -sets the loss of commercial floor area. Additional thoughts to consider in the review of this request might include: What force's beyond the Town's control dictate the nature of the commercial real estate market? Has technology degraded the significance of commercial floor area? If these condominiums convert from commercial to residential, what is the likelihood they could be converted Town of Vail 11/4/2014 Page 10 back to commercial, if so desired? While these questions do not pertain specifically to this criterion, they are worth considering. In focusing on the parameters of this criterion, Staff finds that the proposed amendment is in keeping with Vail Land Use Plan, and will remain in concert with the identified medium density residential land use designation. 5. Natural And /Or Geologic Hazard: Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. Fallridge is not located within any geologically hazardous areas in regards to avalanche, debris flow, floodplain, or rockfall. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal to re- designate three commercial condominiums to three residential dwelling units would not affect the aesthetics of Fallridge as it exists today. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Staff has consulted with Public Works and has concluded that with less intense uses at Fallridge, vehicular traffic along Sunburst Drive and Vail Valley Drive would be more evenly disbursed throughout a 24 -hour period. Staff has observed the existing traffic demand on site and along Sunburst Drive and feels the current infrastructure is more than adequate. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposal to re- designate three commercial condominiums to three residential dwelling units would not warrant the need for additional landscaping as the site already has mature, manicured vegetation. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposal to re- designate three commercial condominiums to three residential dwelling units would require only three building permits to facilitate the conversion. A revised development plan is not needed. Town of Vail 11/4/2014 Page 11 VII. RECOMMENDATION Based upon the review of the criteria described in Section VI of this memorandum and the evidence and testimony presented, Staff recommends the Planning and Environmental Commission forward a recommendation of approval, with a condition, to the Vail Town Council for the applicants' request. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this major amendment to a special development district, the Department of Community Development recommends the Commission pass the following motion: "Based upon the review of the criteria described in Section VI of the Staff memorandum to the Planning and Environmental Commission dated September 22, 2014, and evidence and testimony presented at this hearing, the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the applicants' request for a major amendment to a Special Development District, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to amend Special Development District No. 8, Fallridge, to allow for the conversion of three commercial units to three residential dwelling units, located at 1650 Fallridge Road, Units C1, C2, C3 (Fallridge Condominiums) /Lot 2, Sunburst Filing 3, and setting forth details in regard thereto." Should the Planning and Environmental Commission forward a recommendation of approval of this application to the Vail Town Council, the Community Development Department recommends the Planning and Environmental Commission adopt the following conditions: The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C -1, 2,661 sq. ft.; C -2, 954 sq. ft.; 1,517 C -3, sq. ft.) in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12 -24 -6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C -1, C -2, and C -3. Should the Planning and Environmental Commission forward a recommendation of approval of this application, the Community Development Department recommends the Planning and Environmental Commission make the following findings: 'Based upon the review of the criteria outlined in Section VI of this Staff memorandum to the Planning and Environmental Commission dated September 22, 2014, and the evidence and testimony presented, the Planning and Environmental Commission finds: Town of Vail 11/4/2014 Page 12 1. That the special development district amendment complies with the standards listed Article 12 -9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. 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 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the special development district amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " VIII. ATTACHMENTS A. Vicinity Map B. Applicants' written request, dated September 22, 2014 C. Fallridge Condominium Map D. Ordinance No. 17, Series of 1977 E. Historic development plan for SDD1 Town of Vail 11/4/2014 Page 13 Fall Ridge Special Development District No. 8 (1650 Sunburst Drive) ATTACHMENT A Fall Ridge ® This map ....... tetl by the Town of Vail GIS Team. Use of Nis map sh-Id be br g.—I purposes only. The Town of Vail Eoes not --t the accuracy oft . information —tai -d herein. Feet where shown, parcel line work is approximate) 0 75 150 Last Modified: January 28, 2014 fpWN of VAId ATTACHMENT B Statement in Support of Application to Amend SDD8 Description of the Project: This Application is to amend SDD8 in order to allow the three (3) commercial condominiums in the Fallridge Building to be converted to residential use. There are no proposed changes to the footprint, exterior or landscaping of the building. Back rte: The Fallridge Building is located east of Vail Village and overlooks the Vail golf course. The Vail golf course clubhouse is situated directly to the east of the Fallridge Building. Other than the three commercial condominiums in the Fallridge Building and the Vail golf course facilities, the area surrounding the Fallridge Building is residential consisting of a mix of townhomes, duplexes and single family homes. The floor area of the Fallridge Building itself is predominately residential with 71 individually -owned residential condominium units totaling approximately 85,000 sq. ft. and three commercial condominium units totaling approximately 5,250 sq. ft. Fallridge has an on -site, full -time front desk operation and a vigorous short-term rental program for residential units. The existence of the commercial space in the Fallridge Building is a vestige of a vacation club development plan that was never realized and that included a proposed restaurant at the east end of the building's first level. This commercially -zoned space ultimately was built out as three individually -owned commercial condominiums known as Units C -1, C -2 and C -3. Unit C -1 is currently owner- occupied professional offices. Units C -2 and C -3 are vacant. The commercial condominiums have been used as professional offices over the years for various businesses and professionals. However, this space is not in demand in Vail anymore and that is why the owners are making this application to allow the commercial condominiums to be converted to residential use. There are a number of reasons why the commercial space in the Fallridge Building is not in demand. First, the location of the commercial condominiums is difficult to find. The building is located on a non - through street that is isolated from Vail's concentrations of commercial space in Vail Village and along the north and south frontage roads. Second, the commercial units have no visibility from the outside of the building. In general, it is not known that the Fallridge Building has commercial condominiums. Third, commercial space of this size and type in Vail is not in demand as a result of the migration of businesses down valley and the trend for professionals and small businesses to operate without office locations. Fourth, businesses and professionals that have or had offices in the building have indicated that it is difficult to find and keep good employees because they prefer to work down Valley closer to where they live. The conversion of the commercial condominiums to residential use has a number of clear benefits. One, the values of residential units in the Fallridge Building, on a per square foot basis, are substantially higher than that for the commercial condominiums. Thus, the new residential condominiums can be expected to improve property tax revenues. Second, residential condominiums represent more warm beds for the Town of Vail and they will have excellent proximity to the newly expanded golf course facilities. The new residential condominiums can be anticipated to participate in Fallridge's short-term rental program, as the overwhelming majority of the residential units do, generating sales tax revenue for the Town. Pagf 114% 14 ATTACHMENT B The Proposed Amendment Achieves the Applicable Special Development District Design Criteria: 1. Compatibility: This application to allow the three commercial condominiums in the Fallridge Building to be converted to residential use is compatible with the overwhelmingly residential use and character of the Fallridge Building itself as well as the surrounding residential neighborhood. It promotes a consistent and harmonious residential environment in the golf course neighborhood as well as within the building. 2. Relationship: The proposal to allow the three commercial condominiums in the Fallridge Building to be converted to residential use will result in a more homogeneous use in the building as the commercial units are converted to residential use. Commercial activities in the building and the vicinity, including commercial- condominium generated vehicle /pedestrian traffic, employees, clients, customers, service providers, vendors and deliveries, will be reduced and replaced by residents and guests. 3. Parking and Loading: Fallridge has a two -level fully- enclosed parking garage. The two levels are referred to as the -1 and -2 parking levels. The Fallridge Property Manager states that the garage has 140 parking spaces. There also is surface parking around the building that will accommodate more vehicles. Occasionally, over -sized vehicles that will not fit in the garage park in these areas including in the circular drive on the north side of the building and along the driveway on the east side of the building. The original development standard was "143 underground parking spaces "; however, the Property Manager states that 12 or more years ago three parking spaces were taken over by a maintenance shop and one parking space was taken over for a laundry room, both in support of the building's operations. These facilities are located on the -2 level of the garage. Title 12 -10 -10 (Parking Requirements Schedules) requires 2 parking spaces for each of the 71 residential units in the Fallridge Building and, based on the current uses of the three commercial condominiums (business offices), 21 spaces for the commercial condominiums. This totals 163 spaces. Fallridge's Property Manager, who has served in this capacity for 20+ years, has stated that Fallridge does not experience parking problems and the current number of parking spaces in the garage adequately meets the needs of the building. Even so, the proposed change of use to residential would result in deceases in the number of parking spaces required under Chapter 10. With the conversion of the commercial units to residential use, the number of parking spaces required is reduced from 21 spaces for all commercial units to 6.5 spaces for three new residential units. Also, as a practical matter, it is reasonable to conclude that actual use of parking spaces in the Fallridge garage will be reduced when commercial condominiums are converted to residential condominiums since there will no longer be commercial- condominium generated vehicle /pedestrian traffic, employees, clients, customers, service providers, vendors and deliveries. Taking into account all of the foregoing, we respectfully request a determination that the current number of parking spaces in the Fallridge garage is sufficient for the actual level of use in SDD8 and that the public interest is achieved. Pagf12R4 814 ATTACHMENT B 4. Comprehensive Plan: We believe that the proposed amendment to SDD8 is in conformity with the applicable elements of the Vail comprehensive plan, town policies and urban design plans. The conversion of commercial condominium units to residential use in this neighborhood promotes the coordinated and harmonious development of the Town and, in particular, enhances the high quality of the golf course residential area. 5. Natural and /or Geographic Hazard: Not applicable. 6. Design Features: There are no proposed changes to the site plan, building design and location of open space of SDD8. 7. Traffic: Since residential is a less intensive use than commercial, it is reasonable to expect that traffic (vehicle and pedestrian) at and in the vicinity of the Fallridge Building will be reduced as a result of conversion of commercial units to residential units. 8. Landscaping: There are no proposed changes to the site plan, building design and location of open space of SDD8. 9. Workable Plan: Not applicable. Thank you for your consideration of this Application to amend SDD8. Sincerely, Matthew King PagF0,0 0 14 ATTACHMENT 6 a rs Q `se' 17 i R. 1",00, L = 119,31 � to 41' 3b" E )RIVE ` $ W9 -CJI ' A-&r s �--It-to sun BORST 1 111113300' Z 1 } ^� Q %6+YA L =85547' C=z 00, 40 I AIL GOL,ECQURSE TOWN HOf71ES PH.I 1710 'J7� lb � L0'�' 1 °o'' ,� o`er ti�+•�� �y �`►� �,,, .,, �'F � [ r FALLAId�OE C011aDOS 331052 '51'W 23.40' LOT'�3 pKAI L4T 1 +f]lD a `>� !! oN rs �1- 4 f1E! TY41 "11Y Ru'07` 1 "w Ia33_0e, �� 1720 ftREN f'ULdS. 1111[ = II ' ,1 L= #1625,1'.5 sum 0 ! `�.- ��"- '"���''/ _ !r 71e 3 N mal 7 01 w 269.4 6,43 3 A VAIL. GQLFCi7URSE idMPh1#lDM'ES ��� �A awn �%" r •— °`a ^� .—" .� ` ~.! '• ==� 4 Z z + VAIN. GOLFCUI}RSf G F N ti TOWNHOMF -S fi �c Y aan WAiFt AF- x 00 uC aaiw&4i F: T 1 0. I I /5 061 4 , 17 34 17 3 0 w '4A cp 46 1+E 917° fi Cl' 04" 11411_GOLFCOIPMT {}6g —'1376 I'f+M1111 BLDG. L $ LiJ G S T BLDG. #A- O #9 -052 �_� 4142 4[1LF dR9E tiva111+t+t>'1a s �* [J # BLDG P in PHWM DLDG Q ° s 70.5 7' Was# X41 "Mi 45!!.93 F F F f" F F F ATTACHMENT B L N� 1 P I o� � � f r 114 D jj! /Jy Y J 6 1 i 4 t Y t � Y JJ' 4.'JJ ` JY� J ^'YY YY l k � •- Y JJ�J �Ji Jr � k '1 Y Y Y \,- fill TIEN • EEfEt 1, EAST EIl FALL RIDGE CONDOMINIUMS CONDOMINIUM MAP LEVEL 1, EAST END —E Ms -- M. Mew —"+ d le W, .., trio consultants, inc, r,�an w x m In!"lssiasipo ave, delr4ee, cdPrnado e0228 t � ry &4 IFT nn! I �o ATTACH - 7!!: 1 pal -7:�, - I s .� fr-wp,/w"o,*j Cwt C-1 I MEM 0 Cam! w ATTACHMENT C 0 x ENGINEER'S CERTIFICATE I, James V. Laraby, a registered professional engineer and land surveyor, do hereby certify that this map fully and accurately depicts the layout, the unit designation, the dirnensivns of such units and the elevation of the unfinished floors and ceilings. This map was prepared subsequent to substantial completion. �. Laraby �r R GILAND DSURVOEYORIONAL E. GINS ,.4 ' STATE OF COLORADO ) ss COUNTY OF JEFFERSON ) The foregoing certificate was acknowledged before me by James V. Laraby, a registered professional engineer and land surveyor. Witness my hand and official seal this ah/y'H i.l I day of ANl1'ikR.y —A.D., 1978. My commission expires:gir�� �_- i i Notary c �A 11/4/2014 FALL L RIDGE COND0111110� 5 4 SAP IV FAL L RIDGE - - -_,\ CONDOMINIUMS tE 6 ` Co GOLF - SUNBURST VAIL 8 SUNBURST 10 N 7 FIL ING NO 2 9 VICINITY MAP NO SCALE OWNER'S CERTIFICATE Fall Ridge, Ltd., as owner of the hereon described real property, does hereby certify that this condominium map was prepared pursuant to the provisions of the Condominium Declaration for the Fall Ridge Condominiums recorded on December 9, 1977 at Reception No. 159791 in Book 263 at Page 430 of the Records of the Clerk and Recorder of Eagle County, Colorado. FALL RIDGE;, LTD. Donald Buick, Pre ent m s B. Daley, Ass'is ant S c etary STATE OF COLORADO ) ss CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this'i�s day of _A.D., 19789 by Donald Buick, President, and Janes B. Daley, Assistant Sdcretary, of Fall Ridge, Ltd., a Colorado Corporation. My commission expires: i�j_i9 70 M, k� — Not- a- ry -ruff ------ -------------- SHEET INDEX LEGAL DESCRIPTION Lot 2, Sunburst Filing No. 3, County of Eagle, State of Colorado. Cover Sheet GENERAL NOTES 1. Areas designated "GCE" are general common elements. View - Level 2. Areas designated "LCE" are limited common elements. i 3. 3. Benchmark: Chiseled square cut on Southeast corner of concrete bridge support Level - 2, East at Southwest bank of Gore Creek approximately 415 feet east and 50 feet south 4 PI an View - of the Northwest corner of Section 10, Township 5 South, Range 80 West. - 1, West End Elevation 8248.91. f View - 4, ............... indicates limits of unit. +, End 6. Plan f Level 5. 3 indicates unit designation. End ' 6. All parking spaces on Level - 2 and Level - 1 are general common elements Level I , East and are numbered solely for the convenience of the Fall Ridge Condominium 8. Plan View - Association, Inc. The numbers do not constitute a legal description of any i West End parking space. ^ View - 7. Except where otherwise specifically showh, a boundary wall between two indi- East End 10. vidual air space units which runs between two columns is centered upon the View - Level 39 line connecting the centers of those columns. End 11. Plan View - Level 39 8. Unfinished structural columns are 1.0' square and are general common elements. 12. Plan 9. Dimensions at balcony doorways are to the inside corner of the wall(s) in 4, West End which the doorways are situated. x ENGINEER'S CERTIFICATE I, James V. Laraby, a registered professional engineer and land surveyor, do hereby certify that this map fully and accurately depicts the layout, the unit designation, the dirnensivns of such units and the elevation of the unfinished floors and ceilings. This map was prepared subsequent to substantial completion. �. Laraby �r R GILAND DSURVOEYORIONAL E. GINS ,.4 ' STATE OF COLORADO ) ss COUNTY OF JEFFERSON ) The foregoing certificate was acknowledged before me by James V. Laraby, a registered professional engineer and land surveyor. Witness my hand and official seal this ah/y'H i.l I day of ANl1'ikR.y —A.D., 1978. My commission expires:gir�� �_- i i Notary c �A 11/4/2014 FALL L RIDGE COND0111110� 5 4 SAP IV FAL L RIDGE - - -_,\ CONDOMINIUMS tE 6 ` Co GOLF - SUNBURST VAIL 8 SUNBURST 10 N 7 FIL ING NO 2 9 VICINITY MAP NO SCALE OWNER'S CERTIFICATE Fall Ridge, Ltd., as owner of the hereon described real property, does hereby certify that this condominium map was prepared pursuant to the provisions of the Condominium Declaration for the Fall Ridge Condominiums recorded on December 9, 1977 at Reception No. 159791 in Book 263 at Page 430 of the Records of the Clerk and Recorder of Eagle County, Colorado. FALL RIDGE;, LTD. Donald Buick, Pre ent m s B. Daley, Ass'is ant S c etary STATE OF COLORADO ) ss CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this'i�s day of _A.D., 19789 by Donald Buick, President, and Janes B. Daley, Assistant Sdcretary, of Fall Ridge, Ltd., a Colorado Corporation. My commission expires: i�j_i9 70 M, k� — Not- a- ry -ruff ------ -------------- CERTIFICATE OF THE COUNTY CLERK AND RECORDER OF EAGLE COUNTY This 's to certify th t this condominium ap was filed for record in my office at / =� o'clock �.M. on the f _day of �jt4A} _ _ADD., 1978, in Book Page Reception No. eRec,<ra1y�------- _ - BY �Coun y Clerk and Deputy i tri - consultants, inc. 7500 W. mississippi ave., denver, Colorado 80226 sHiKYLi.ar SN BRSTCM 04640 PFW SHEET INDEX I. Cover Sheet 2. Plan View - Level -2, West End 3. Plan View - Level - 2, East End 4 PI an View - Level - 1, West End 5. PI an View - Level -19 East End 6. Plan View - Level I , West End 7 Plan View - Level I , East End 8. Plan View - Level 29 West End 9. Plan View - Level 29 East End 10. Plan View - Level 39 West End 11. Plan View - Level 39 East End 12. Plan View - Level 4, West End 13. Plan View - Level 49 East End 14. Typical Building Sections 15. Building Location Plan CERTIFICATE OF THE COUNTY CLERK AND RECORDER OF EAGLE COUNTY This 's to certify th t this condominium ap was filed for record in my office at / =� o'clock �.M. on the f _day of �jt4A} _ _ADD., 1978, in Book Page Reception No. eRec,<ra1y�------- _ - BY �Coun y Clerk and Deputy i tri - consultants, inc. 7500 W. mississippi ave., denver, Colorado 80226 sHiKYLi.ar SN BRSTCM 04640 PFW ATTACHMENT C N 0 10 20 SCALE: I °= 10' 11/4/2014 PLAN VIEW -LEVEL •2, NEST END 0 E CONDOMINIUMS lDOMINIUM MAP -2, WEST END 0 N O tG N LEGEND OA - 1.0' OB - 0.7' LL W O Z_ M J F- W = W U = F- Q �in tri - consultants inc. 7500 W. Mississippi ave. denver, col ora d o 80226 SHEET 2 SNBRSTCM 04640 II ATTACHMENT C 11/4/2014 m I I� LL.,W0 z I J~ I = W U W Q � W W N O ST 4 \ eF� 4 � �F F / e S9 ` 5A 53 54 55 A G G� GGE GCE 20.0 �� 20.0 �r I 1L7 /W li Z 0 Cj .01♦ J N = W / U W /� a in � W W I I I m GCE i Sl> 00,6, �O 9� l GGE �Oe 60 63 6g 4 GCE / / 6 5 A 66 61 GG� 0 G<' G lb F FALL RIDGE CONDOMINIUMS CONDOMINIUM MAP LEVEL -2, EAST END G o �0 a \a e GG� / \ P / a / GG� GG O P c% 6 • .1O 00'�--'O000 PLAN VIEW LEVEL •2, EAST END N 0 10 20 30 40 SCALE: I °= 10' o/ \ GG oy � • IN LEGEND Q - 1.0, © - 0.1' OD - 0.4' tri - consultants, inc. 7500 W. mississippi ave. denver, Colorado 802.2.6 SHEET 3 OF 15 SNBRSTCM 04640 II ATTACHMENT C N 0 10 20 SCALE: I °= 10' DNDOMINIUMS IM MAP VEST END LEGEND OA - 1.0' © - 0.7' OE - 0.3, =I w U W a N tri - consultants, inc. 7500 W. mississippi ave. 11/4/2014 denver, Colorado 80226 SHEET 4 OF 15 SNtiKb I GM U4b4U A- n ATTACHMENT C 11/4/2014 O 6 N 0 co N 0 6 N m WIc Z,j J �— LL 2 LL U = Q LL 2 LL U, t S6 S? G�,� S9 \ �F 60 / 4 - - - A \ SS / \ 53 54 L GCE Go,,- 2.3' 4.0'.12.2- GCE / I / 14 13 12 FI I W O W it Z F- J W W _U) U QLLJ W 2 20.0 0.0 1 I W 9 M \V 0 GCF 0 �o- 62 63 GCE rod` D \ G G� \ S \ ot P 2 � CF / O GG� O GG� G� C� GG� \a a 611 / 60 69 \ 10 GG� PLAN VIEW - LEVEL -1, EAST END 1 loll GG� �2 FALL \ / / G i0, GG� RIDGE CONDOMINIUMS CONDOMINIUM MAP LEVEL -I , EAST N 0 10 20 30 40 SCALE: I 10' END LEGEND © - 0.7, tri-consultants, inc,, 7500 W. m ssissi ppi ave. denver, colorodo 80226 SHEET 5 OF 15 SNBRSTCM 04640 ATTACHMENT C ALIGNS COLUM 11/4/2014 PLAN VIEW - LEVEL i, WEST END W Z J U H Q NJ U- 0 F W W U) W W U) CONDOM IUM MAP INIUMS WEST END LEGEND OA - 1.0' OD - 0.4' E - 0.3' G - 0.6' OH - 0.2' OI - 1.2' tri - consultants inc. 4C 7500 W. Mississippi ave. denver, colorado 80226 SHEET 6 OF 15 SNBRSTCM 04640 ATTACHMENT C m� L .... W W ZIO .... J GCE I D "'DOC= W 0000 U W 1 a (n � W � W 0. 0-4! � 5.0' VDLCE E / I \ / lit CN _F ° 'V D. \ 0 C, "I 0 v 4Lf o x � / C� / ' O 0 • COMMERCIAL o� ;� a 4V E \ 24.6 / GCE El O E GCS J�116 ( ) a / H 0e O p� N, � a / jr a / E \ LCE E 5.0' E O. 20.0' 6.4' 1 11.6- G Nto---�I U- O W ID Jw I xi U (n Q W I m 11/4/2014 F .s V C' A r•A / / GG�- M FALL RIDGE G I ' s� - �o / / / \ COMMERCIAL GG� \ \ O \ Z0. \ PLAN VIEW LEVEL 1, EAST END CONDOMINIUMS CONDOMINIUM MAP LEVEL I, EAST END N 0 10 20 30 40 SCALE: I"= 10' NOTE: No unit has been designated Number 115. LEGEND OA - 1.0' © - 0.7' OD - 0.4' OE - 0.3' © - 0.6' OH - 0.2' tri - consultants inc. 7500 W. Mississippi ave. denver, Colorado 80226 SHEET 7 SNbKJIUM V4b4V .... .... D GCE I D "'DOC= 0000 CN _F ° 'V D. \ 0 C, "I 0 v 4Lf o x � / C� / ' O 0 • COMMERCIAL o� ;� a 4V E \ 24.6 / GCE El O E GCS J�116 ( ) a / H 0e O p� N, � a / jr a / E \ LCE E 5.0' E O. 20.0' 6.4' 1 11.6- G Nto---�I U- O W ID Jw I xi U (n Q W I m 11/4/2014 F .s V C' A r•A / / GG�- M FALL RIDGE G I ' s� - �o / / / \ COMMERCIAL GG� \ \ O \ Z0. \ PLAN VIEW LEVEL 1, EAST END CONDOMINIUMS CONDOMINIUM MAP LEVEL I, EAST END N 0 10 20 30 40 SCALE: I"= 10' NOTE: No unit has been designated Number 115. LEGEND OA - 1.0' © - 0.7' OD - 0.4' OE - 0.3' © - 0.6' OH - 0.2' tri - consultants inc. 7500 W. Mississippi ave. denver, Colorado 80226 SHEET 7 SNbKJIUM V4b4V f �� 0 ATTACHMENT C 11/4/2014 W PLAN VIEW LEVEL 2, EAST END ?IDGE CONDOMINIUMS CONDOMINIUM MAP 'EL 2, EAST N 10 20 30 40 SCALE: I"= 10' END LEGEND G - 1.0' OB - 0.7' D - 0.4' E - 0.3' 0.2, H 0. tri - consultants, inc. 7500 W. mississippi ave. denver, Colorado 80226 SHEET 9 OF SNBRSTCM 04640 ATTACHMENT C N 0 10 20 SCALE - 1 °- 10' 11/4/2014 15.0' 20.0 , 20-0-, 20.0 PLAN VIEW LEVEL 3, WEST END 18.0' r• • W Z J U a U- O H W W N w w Cn ONDOMINIUMS UM MAP WEST END LEGEND OA - 1.0' © - 0.7' OD - 0.4' OE - 0.3' © - 0.6' OH - 0.2' tri - consultants, inc. 7500 W. mississippi ave. denver, Colorado 80226 6110W1.4 ameAA 91 aZ1wj FI- ATTACHM ENT C 11/4/2014 PLAN VIEW LEVEL 3, EAST END DGE CONDOMINIUMS CONDOMINIUM MAP EL 3, EAST END N 0 10 20 30 40 SCALE: I "= 10' LEGEND Name 0.4 = 0.3' P0.6' Hi - 0.2' 1.2' mi tri - consultants inc. 4C 7500 W. mi ssi ssi ppi ave. denver, col ora d o 80226 SHEET II OF 15 SNBRSTCM 04640 ATTACHMENT C N 0 10 20 30 40 SCALE: I"= 10' 11/4/2014 0 J _ 15.0' Sol 20.0' all 20.0' PLAN VIEW - LEVEL 4, WEST END GCE IDGE CONDOMINIUMS CONDOMINIUM MAP LEVEL 4, WEST LL O W W U) W W LL O W - _Z J W W U Q W 0 N O N 0 N END LEGEND A - 1.0' B - 0.7' D - 0.4' E - 0.3' G - 0.6' N 1 - 0.2' tri -consultants, inc. 7500 W. mississippi ave. denver, colorado 80226 SHEET 12 OF 15 SNBRSTCM 04640 ATTACHMENT C 11/4/2014 PLAN VIEW - LEVEL 4, EAST END ')E CONDOMINIUMS NDOMINIUM MAP 4, EAST END N 10 20 30 40 SCALE : I"= 10' LEGEND 8 - .7 o .� e ' D - 0.4' E - 0.3' G - 0.6' OH - 0.2, (�I - 1.2, tri - consultants, inc. 4C 7500 W. mississippi ave. denver, Colorado 80226 SHEET 13 SNBRSTCM 04640 J y 13 II ATTACHMENT C SECTION A SECTION 13-13 11/4/2014 LEVEL 4 FINISH FLOOR ELEV. 8282.87' LEVEL 3 FINISH FLOOR ELEV. 8273.37 LEVEL 2 FINISH FLOOR ELEV. 8263.90 LEVEL I FINISH FLOOR ELEV. 8254.50' LEVEL -1 FINISH FLOOR ELEV. 8244.95 LEVEL -2 FINISH FLOOR_ ELEV. 8235.33' FALL RIDGE CONDOMINIUMS CONDOMINIUM MAP TYPICAL BUILDING SECTION C -C SECTIONS 0 10 20 30 SCALE: 1/8 I tri - consultants inc. 7500 W. mississiPPi ave. denver, colorado 80226 SHEET 14 OF 15 SNBRSTCM 04640 NMI SNBRSTCM 04640 /I, t -� ATTACHMENT D ORDINANCE NO. 1 4- Series of 1977 AN ORDINANCE REZONING SUNBURST FILING NO. 2, A RESUBDIVISION OF A PORTION OF SUNBURST, FROM SDD1, TO LOW DENSITY MULTIPLE FAMILY WITH RESIDENTIAL CLUSTER DENSITY, SPECIAL DEVELOPMENT DISTRICT 8, AND PUBLIC USE DISTRICT;, REPEALING CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE; AND AMENDING THE OFFICIAL ZONING MAP IN RELATION THERETO WHEREAS, on the Official Zoning Map of the Town of Vail, Colorado, Sunburst Filing No. 2, a resubdivision of a portion of Sunburst, is currently zoned as Special Development District No. 1; WHEREAS, in accordance with Section 18.66.110 of the Vail Municipal Code, an application for rezoning has been filed by First of Denver Mortgage Investors, requesting that Sunburst Filing No. 2 be rezoned to Low Density Multiple Family with Residential Cluster density, Special Development District No. 8, and Public Use District; WHEREAS, the Planning Commission of the Town of Vail has considered the same and recommended approval of said appli- cation to the Town Council; and WHEREAS, the Town Council considers that it is in the public interest to rezone said property; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Council specifically finds that the procedures for the amendment of the Official Zoning Map and rezoning of properties within the Twon of Vail as prescribed in Section 18. 66.110 of the Vail Municipal Code have been fulfilled, and the Council hereby receives the report and recommendation of the Planning Commission recommending the approval of the application for rezoning of the above specified property.- (2) Pursuant to Section 18..66.160 of the Vail Muni- cipal Code, the following described property is hereby rezoned from Special Development District No. 1 too 11/4/2014 Ord._ Page 2 ATTACHMENT D (A) Low Density Multiple Family limited to Residential Cluster densities -- Lot 1, Sunburst Filing No. 2, a resub -- division of a portion of Sunburst. (B) Special Development District No. 8 - Lot 2, Sunburst Filing No. 2, a resub- division of a portion of Sunburst. (C) Public Use District - Lot 3, Sunburst Filing No. 2, a resub- division of a portion of Sunburst. (3) Special Development District No. 8, a special development zoning district, is hereby established for the development of a certain parcel of land comprising 1.3 acres in Sunburst Filing No. 2. Title 18 of the Vail '_Municipal Code and the Official Zoning Map are hereby amended by the addition of the following provisions which shall become Chapter 18.41 of the Code, the caption of which shall be "Special Development District 8" and a map which shall become an addi- tion to the Official Zoning Map. 18.41.010 Purposes. Special Development District 8 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Zoning Ordinance. The develop- ment is regarded as complementary to the Town by the Town Council and the Planning Commission, and there are significant aspects of the special development which cannot be satisfied throught the imposition of standard districts on the area. 18.41.020 Established. Special Development District 8 is established for the development of multi -- family dwelling and commercial enterprise on a parcel of land comprising 1.3 acres in the formerly created SD1 area of the Town; Special Development District 8 and said 1.3 acres is referred to as "SDD8 ". 11/4/2014 0 Ord. Page 3 ATTACHMENT D The existing building consisting of 71 dwelling units contains approximately 85,000 square feet of gross residential floor area and approximately 5,250 square feet of commercial space, and 143 underground parking spaces, and shall be inclu- ded in SDD8. 18.41.030 Permitted Uses. In SDD8 (existing building), the following uses shall be permitted: (A) Multiple family residential dwellings; (B) Accessory retail and restaurant and service establishments not occupying more than 5,250 square feet inclu- ding the following: Apparel stores Art supply stores and galleries Book stores Camera stores and photographic studios Candy stores Chinaware and glassware stores Specialty food stores Florists Gift stores Hobby stores Jewelry stores Leather goods stores Liquor stores Newsstands and tobacco stores Sporting goods stores Stationery stores Toy stores Variety stores Barber shops Beauty shops Travel and ticket agencies Delicatessens with food service Cocktail lounges, taverns and bars Coffee shops Fountains and sandwich shops Restaurants (C) The leasing or selling of excess parking spaces in order to attempt to accommodate automobiles generated by development on adjoining property. (D) Additional businesses or services determined to be similar to permitted uses in accord with the provisions of 18.66.040 hereof. 18.41.040 Conditional Uses. In SDD8 the following conditional uses shall be per- mitted subject to the issuance of a Conditional Use Permit in accord with-the provisions of Chapter 18.60 hereof: 11/4/2014 (A) Indoor and outdoor recreational facilities, including but not limited to, swimming pools and tennis courts; (B) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of 18.53.130 hereof; (C) Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the opera- tion thereof. 18.41.060 Development Standards. General Density Plan of SDD8, existing building maximum gross residential floor area (square feet) 85,000 Maximum number of dwelling units 71 Maximum gross commercial floor area (square feet) 5,250 Underground parking spaces 143 18.41.070 Recreational Amenities. The developer shall provide a parcel of land of approximately 2 acres from land adjacent to SDD8, presently owned by it and not necessarily contiguous to the SDD8, which parcel shall be used for recreational amenities to be provided by the developer, and determined jointly by the developer of SDD8 and the developer of said adjacent land subject to approval by the Town. The owners of dwelling units located within SDD8 shall be entitled to use such amenities pursuant to the rules and regulations of the homeowners' association governing the recreational amenities parcel of which all owners of dwelling units in SDD8 and on said adjacent land are members. 11/4/2014 0 Ord. Page 4 ATTACHMENT D (A) Public utility and public service uses; (B) Public buildings, grounds and facilities; (C) Public or private schools; (D) Public park and recreational. facilities; (E) Meeting rooms. 18.41.050 Accessory Uses. In SDD8 the following accessory uses shall be per- mitted: (A) Indoor and outdoor recreational facilities, including but not limited to, swimming pools and tennis courts; (B) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of 18.53.130 hereof; (C) Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the opera- tion thereof. 18.41.060 Development Standards. General Density Plan of SDD8, existing building maximum gross residential floor area (square feet) 85,000 Maximum number of dwelling units 71 Maximum gross commercial floor area (square feet) 5,250 Underground parking spaces 143 18.41.070 Recreational Amenities. The developer shall provide a parcel of land of approximately 2 acres from land adjacent to SDD8, presently owned by it and not necessarily contiguous to the SDD8, which parcel shall be used for recreational amenities to be provided by the developer, and determined jointly by the developer of SDD8 and the developer of said adjacent land subject to approval by the Town. The owners of dwelling units located within SDD8 shall be entitled to use such amenities pursuant to the rules and regulations of the homeowners' association governing the recreational amenities parcel of which all owners of dwelling units in SDD8 and on said adjacent land are members. 11/4/2014 0 Ord. i -i Page 5 ATTACHMENT D (4) That portion of Chapter 18.40, "Special Develop- ment District 1 (SD1) ", of the Vail Municipal Code, which relates to the above specified property, is hereby repealed. (5) As provided in Section 18.08.030 of the Vail Municipal Code, the Zoning Administrator is hereby directed to promptly modify and amend the Official Zoning Map to indicate the rezoning specified in paragraphs (2) and (3) above. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL this 2nd day of August, 1977, and a public hearing on this ordinance shall be held at the regular meeting of the Town, Council of the Town of Vail, Colorado, on the 16th day of August, 1977, at 7:30 P.M., in the Municipal Building of the 'town. ATTEST: f Town, lerk j 11/4/2014 A 0 Ord. 17 Page 6 ATTACHMENT D INTRODUCED, READ, ADOPTED AS AMENDED, ENACTED ON SECOND READING, AND ORDERED PUBLISHED IN FULL, this 16th day of August, 1977. 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L 4 :s� ? •�...._ ,i � !� ���� +1M . � -�i. � � � "r �1 0 ATTACHMENT E -2,9& Aft xw 0 w 1 ,I � ! 1 �! a ON N TOWN OF VA1L' PLANNING AND ENVIRONMENTAL COMMISSION September 22, 2014 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Henry Pratt Michael Kurz Luke Cartin Pam Hopkins Webb Martin John Rediker Dick Cleveland Site Visit: None MEMBERS ABSENT 75 minutes A request for a recommendation to the Vail Town Council on the adoption of the Vail Valley Medical Center Master Plan, to establish a comprehensive redevelopment plan for the Vail Valley Medical Center, Lot 10 (Town of Vail parking lot), and US Bank Building, located at 181 and 281 West Meadow Drive and 108 South Frontage Road West/ Lots E, F, and 10 Vail Village Filing 2, and Lot D -2, A Resubdivision of Lot D Vail Village Filing 2, and setting forth details in regard thereto. (PEC140011) Applicant: Vail Valley Medical Center, represented by Braun and Associates Planner: Warren Campbell ACTION: Continued to October 13, 2014 MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -1 (Cleveland recused) Community Development Director George Ruther discussed the structure of the review process and a proposed schedule. He outlined how different components of the proposal would be reviewed at different times in an orderly fashion. He discussed a definitive time frame for the review with an established end date. In conclusion he reiterated the PEC role in the process as a recommending body. Outlined the purpose of the master plan and its eventual incorporation into the TOV comprehensive plan. Warren Campbell provided an outline of the goals of the meeting and anticipated format. Campbell quickly walked through what was included in the staff memorandum with special attention to loading /delivery and a background of previous public hearings. Doris Kirchner, President and CEO of VVMC, provided an introduction to the project and how it relates to healthcare in the community. Tom Braun, planning consultant for the VVMC, discussed the proposed outline. Discussed the expectations of the master plan and what is appropriate at the master plan level vs. the CUP process. Braun discussed the proposed loading and delivery and Meadow Drive. Braun provided an overview of the use of Meadow drive by all users. Discussed previous planning efforts involving Meadow Drive and the current conditions. Challenges presented by lack of a back -of- house for dedicated deliveries. Compared loading and delivery conditions at VVMC to other existing conditions in Vail Village. Palg /4/2014 Mark Bunnell, traffic engineer for Turnkey Consulting, outlined his traffic analysis of West Meadow Drive. He walked through traffic count numbers for the various types of users. Tom Braun discussed the challenges with moving the loading and delivery to the frontage road. He spoke to the various users of the access off of the Frontage Road including ambulances, patient drop -off, parking access for quests and employees. He further spoke to the challenges of getting a loading and delivery vehicle through the anticipated parkgin structure and moving materials throughout the hospital. He contrasted the situation at VVMC with other properties such as the Sebastian and Solaris. Discussed the length of the various frontages adjacent to the Frontage Road. Spoke of the design challenges. Russ Sedmak, architect for the VVMC, spoke of a sense of entry and other requirements of a medical center front door. Elements included design, wayfinding, signage and the need for the design to be intuitive and not complicated. Showed examples of other medical centers (Steamboat, Boulder and Summit) and how loading, emergency and front door accesses are separated. Russ contrasted these facilities with the Vail situation. Russ walked through the proposed vehicle site access. The separation of public versus service corridors was presented and its necessity for a functional situation. Russ spoke to the need for loading and delivery to occur off of West Meadow Drive for varied reasons. Russ outlined how the service entry along Meadow drive would function. Alternatives that were explored were shown. Tom Braun spoke to the possibilities of shared facilities and the challenges with scheduling and unknowns with other users. Coordination challenges were presented. Braun wrapped up what the VVMC is proposing and why. Commissioner Cartin asked what would happen to loading and delivery trip counts at build out. Tom Braun answered that it was anticipated that there would be no more trips but each delivery may include a greater amount of material. Commissioner Cartin asked about service vehicles that need additional time. Tom Braun provided greater detail on expected deliveries and delivery types. Commissioner Pratt asked for additional numbers related to ambulances and other vehicles accessing the site. Tom Braun spoke to the various user and their frequency. Commissioner Martin asked about access to the west parking lot. Commissioner Rediker asked about traffic control tot eh west parking lot. Tom Braun spoke to the access control measure to the west parking lot for looding and delivery of larger trucks only. Commissioner Kurz mentioned the dynamics of West Meadow and how it functions as a link between Vail Village and Lionshead. Commissioner Pratt asked about full size semis. P44/L4/2014 Tom Braun and Russ Sedmak spoke to the occasional deliver of mattresses using a full sized semi truck. He mentioned that a plan would be developed to use the west parking lot similar to what was described for the oxygen semi delivery. Commissioner Cartin spoke to screening of activities in the surface parking lot. Tom Braun again mentioned the division between master plan and CUP levels of detail. Commissioner Pratt opened the public hearing to public comment. Peter Knobel spoke to the needed for cooperation between the Evergreen and the VVMC. Jim Lamont provided a collection of photos showing existing loading and delivery practices. Spoke to expectation and the challenges to master planning dynamic situations. Jim spoke to challenges with existing loading and delivery functions with the Vail Front Door project and the village as a whole. The provided photos demonstrated loading and delivery challenges and the multitude of users on West Meadow Drive. The photos depicted several instances of large delivery vehicles providing service to the site block the pedestrian sidewalk and the street. Construction traffic and staging was broached. Jim wrapped up by explaining his previous comments about moonlighting, sunshine and the need for public monies to assist with this challenge, particularly for the use of a loading and delivery facility. Mery Lapin, resident of 232 W. Meadow, spoke to the steps the hospital has made with the master plan. Spoke to the management challenges of changing people's habits. Spoke to the Towns role in policing future problems and what the steps should be if the hospital does not do what it says. Mery also spoke to the ability of the hospital to restrict access to certain vehicles and forbid certain size trucks. Mery compared the situation to the helicopter flight path and the success of communication. Discussed Lot 10 and its use and his desire that the town not sell but rather lease. Spoke of the short sightedness of putting town owned properties at risk. Questioned the periodic arrival of the generator truck and its use in the future. Spoke to the use of the US Bank frontage and that is should be studied and included in the master planning process. Warren Campbell stated that the question that needs to be answered is: "Should loading and delivery be prohibited from West Meadow Drive entirely or is there a circumstance or conditions whereby loading and delivery could be permissible on West meadow Drive ?" Commissioner Martin inquired if the hospital had a receiving coordinator. Tom Braun stated that there was not currently a laoding and delivery manager and the challenges without an existing formalized dock. Commissioner Martin observed that the proposed dock may be undersized and questioned the sequencing of construction activities. Tom Braun provided the proposed sequencing and anticipated further discussion. Commissioner Rediker asked about the inconsistencies between the provided loading and delivery traffic studies and the photos presented by Jim Lamont showing larger trucks. Mark Bunnell stated that the photos did exhibit trucks larger than had been communicated to him as providing deliveries. The team would need to go back and examine the provided data. PaJ444/2014 Commissioner Kurz spoke to the challenges of the site and the neighborhood and if an offsite warehouse may be an option. Spoke to town responsibilities related to traffic and pedestrian flow and its lack of effective management. Commissioner Hopkins spoke to perhaps the hospital is creating their own constrictions by not fully including the US Bank property and the west parking. Spoke to limiting services to limit impacts. Commissioner Cartin spoke to the use of the west parking lot for over sized vehicle use and that only accommodating certain vehicles indoors is short sighted. Spoke to using streetscape improvements to limit non permitted loading and delivery. Spoke to triggers in the plan that would require reevaluation of certain components including loading and deliveries. Commissioner Pratt spoke to the PEC not being confined to the status quo. Spoke to ideas that have not been presented. Planned loading facility is undersized. Spoke to issues that are not being fully addressed concerning loading and timing. Pratt encouraged an alternative approach be examined to take the loading access from the internal courtyard to internalize the operation and not have extraneous impacts along the public way. Proposed a ramping solution which would provide one -way access of the Frontage Road and exiting via Meadow Drive. 30 minutes 2. A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 8, Fallridge, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial units to three residential dwelling units, located at 1650 Fallridge Road, Units C1, C2, C3 ( Fallridge Condominiums) /Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. (PEC140033) Applicant: FRC3 LLC, William Pierce, and Mery Lapin, represented by Matthew King Planner: Joe Batcheller ACTION: Recommendation of approval MOTION: Kurz SECOND: Hopkins VOTE: 7 -0 -0 CONDITION(S): 1. The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C -1, 2,661 sq. ft.; C -2, 954 sq. ft.; C -3, 1,517 sq. ft.) in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12 -24 -6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C -1, C -2, and C -3. Joe Batcheller gave a presentation pursuant to the memorandum. He spoke to the history of the project and the original intent of the SDD to be a commercial mixed use area. Commissioner Pratt inquired as to basis for the reduced parking demand. Commissioner Kurz clarified the statement in Staff's memo as to the potential for on site EHU mitigation. Commissioner Martin inquired as to the use of the large deck area and the ability to provide outdoor space to each commercial unit. Batcheller responded that it is possible that the owners of the condos may wish to replace windows with doors that connect directly to the common deck. PaJ4/4/2014 Matthew King, spoke to the general common element nature of the deck and the future plan to capture some outdoor deck space for each unit if it became residential. He spoke to the challenges of surrounding residential land uses and lack of visibility, and difficulty finding the location. These are smaller spaces and the trend is to work from home. There isn't interest and there is space closer in to the villages that are more desirable. This would be a reduction in commercial that isn't really successful or in demand. There have been extended periods of time where the space has been vacant. Spoke to parking as not being a concern at any point in the year. There was no public comment. Commissioners Hopkins and Cartin expressed support for the application. Commissioner Cleveland spoke to the request making sense for the SDD. Commissioners Kurz, Rediker, and Martin expressed support. Commisioenr Pratt spoke to the need to preserve office space, but the location was challenging and not successful for commercial. He supported the amendment. 3. A request for the review of a development plan, pursuant to Section 12 -8E -6, Development Plan, Vail Town Code and a conditional use permit, pursuant to Section 12 -8E -3, Conditional Use, Vail Town Code, to allow for the redevelopment of the Ski and Snowboard Vail Club Vail site with a new private and public club and multi - family residential dwelling units, located at 598 Vail Valley Drive /Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC140020, PEC140023) Applicant: Ski and Snowboard Club Vail, represented by Braun and Associates Planner: Jonathan Spence ACTION: Tabled to October 13, 2014 MOTION: Kurz SECOND: Cleveland VOTE: 7 -0 -0 4. A request for the review of a final plat, pursuant to Chapter 13 -4, Minor Subdivision, Vail Town Code, to allow for the re- subdivision of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel and Part of Tract B, Vail Village Filing 7, in order to establish Parcel 3, Golden Peak Ski Base And Recreation District Parcel, the redevelopment site for Ski and Snowboard Club Vail, located at 460 and 598 Vail Valley Drive /Parcel 1, Golden Peak Ski Base and Recreation District Parcel, and Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC140021) Applicant: Ski and Snowboard Club Vail and Vail Corporation, represented by Braun and Associates Planner: Jonathan Spence ACTION: Tabled to October 13, 2014 MOTION: Kurz SECOND: Cleveland VOTE: 7 -0 -0 5. A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow a revision to the approved development plan for the Cornerstone site to facilitate the construction of a tensioned membrane structure, located at 1300 Westhaven Drive /Unplatted, (Lifts ide /Cornerstone) and setting forth details in regard thereto. (PEC140019) Applicant: Charter Sports, represented by Braun & Associates Planner: Jonathan Spence ACTION: Tabled to October 13, 2014 Palg /4/2014 MOTION: Kurz SECOND: Cleveland VOTE: 7 -0 -0 6. A request for the review of amendments to a conditional use permit, pursuant to Section 12 -9C- 3, Conditional Uses, to allow for improvements to a public park and active outdoor recreation area, facility, and use (restroom and picnic pavilion) on the Lower Bench of Ford Park, located at 530 South Frontage Road East /Unplatted(Ford Park), and setting forth details in regard thereto. (PEC140024) Applicant: Town of Vail, represented by Greg Hall Planner: Jonathan Spence ACTION: Tabled to October 13, 2014 MOTION: Kurz SECOND: Cleveland VOTE: 7 -0 -0 7. Approval of September 8, 2014 minutes MOTION: Cartin SECOND: Cleveland VOTE: 5 -0 -2 (Martin, Kurz recused) 8. Information Update 9. Adjournment MOTION: Kurz SECOND: Cleveland VOTE: 7 -0 -0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published September 19, 2014 in the Vail Daily. Pal4/4/2014 MEMORANDUM TO: Vail Town Council FROM: George Ruther, Community Development Department DATE: January 4, 2005 SUBJECT: Informational Presentation on Special Development Districts What is a Special Development District? A Special Development District (SDD) is best described as a municipal land use planning tool utilizing an overlay form of zoning whereby deviations from the prescribed development standards of the underlying zone district may be granted to allow increased flexibility and creativity in the design of a site which achieves the adopted land use and development goals and objectives of the community. What is the purpose of a Special Development District? According to Chapter 9, Zoning Regulations, Vail Town Code, the purpose of a Special Development District is to, "encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision ofstreets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The special development district does not apply to and is not available in the following zone districts: Hillside residential, single-family, duplex, primary /secondary. The elements of the development plan shall be as outlined in section 12 -9A -6 of this article. " Who may apply for a Special Development District designation? Any owner of property to be included within the proposed Special Development District or his (her) agent or authorized representative. One exception applies however, a Special Development District designation may not be applied to properties located within the Hillside Residential, Single - family Residential, Two - family Residential, or Two - family Primary /Secondary zone districts. 1144/2014 What are the procedures for establishing a Special Development District? Section 12 -9A -4, Development Review Procedures, Vail Town Code, outlines the various steps and procedures for establishing a Special Development District. According to Section 12 -9A -4, there are two primary steps in the establishment procedures; 1) pre- application meeting with the Town staff, and 2) PEC and Town Council review. In an effort to ensure an efficient and timely review of a Special Development District development review application, the first step is the applicant shall meet with the Town staff for a pre - application meeting. The purpose of the meeting is to: 1) discuss the goals of the proposed special development district, 2) the relationship of the proposal to applicable elements of the town's master plan, and 3) the review procedure that will be followed for the application. The second step in the process is the actual review of the application by the PEC and Town Council. What are the roles of the PEC, DRB, Staff, and Town Council in the review of a Special Development District development review application? Development applications for the establishment of a Special Development District are first reviewed by the Planning & Environmental Commission, (PEC) for impacts associated with the proposed uses on the development objectives of the Town and compatibility of any requested deviations from the prescribed development standards (ie. GRFA, site coverage, building height, etc.) with the Town's adopted design criteria. The review and recommendation of the application by the PEC is based upon a set of prescribed criteria. According to the Vail Town Code, in part, "the design criteria shall be used as the principal criteria in evaluating the merits of the Special Development District." The nine design criteria are outlined below: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. 11 M/2014 E. Natural and /or Geologic Hazard: Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. In nearly all instances, the review and recommendation of the PEC is the result of numerous meetings with the staff and worksession discussions and public hearings before the Commission. In the case of an application to establish a Special Development District, the role of the PEC is to act in an advisory capacity to the Town Council. According to the Vail Town Code, the PEC can recommend approval, approval with modifications, or denial of an application to establish a Special Development District to the Town Council. Then, and often concurrently, the Design Review Board (DRB) reviews a separate development application conceptually for compliance with the prescribed design guidelines of the Town. Again, as often is the case, the review of the application occurs over the course of several conceptual review meetings with the Board. The DRB, however, does not take final action on the development application until final action on the SDD application has been taken by the Town Council. The Town Council's review of an application to establish a Special Development District is based upon a number of considerations. According to the Vail Town Code, the Council's final decision on an application to establish a Special Development District shall be based upon consideration of the recommendation forwarded by the PEC and compliance with each of the nine design criteria prescribed in the Zoning Regulations. The Town Council's evaluation of an application to establish a Special Development District is in the form of an amending ordinance. As is the case with the PEC, the Town Council can approve, approve with modifications, or denX the application by either approvin or r dente the he request upon two readings of the amending nrdinnnra The final step in the review process if final design review of the development application by the DRB. The final decision of the DRB is based upon compliance with the following design guideline criteria: 11 Al/2014 - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site which respects the topography - Removal /preservation of trees and native vegetation - Adequate provision for snow storage on -site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting - Compliance with the architectural design guidelines of applicable master plans. What types of land uses are allowed in a Special Development District? Pursuant to Section 12 -9A -7, Uses, Vail Town Code, "Determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as a part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed special development district, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in a property's underlying zone district. Under certain conditions, commercial uses may be permitted in residential special development districts if, in the opinion of the Town Council, such uses are primarily for the service and convenience of the residents of the development and the immediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residential character of the special development district. The amount of area and type of such uses, if any, to be allowed in a residential special development district shall be established by the Town Council as apart of the approved development plan. " For example, if a proposed Special Development District is located within the Public Accommodation (PA) zone district, those permitted, conditional and accessory uses listed for the PA zone district would be permissible, provided the uses were not further restricted as part of the final approval. Can the underlying zone district of a proposed Special Development District be changed? Yes. A property owner can propose to amend the underlying zoning of a proposed Special Development District. In order to do so, an application for a zone district amendment would be required. The amendment application would be reviewed concurrently with the application to establish the Special Development District. 1144/2014 If a Special Development District is an overlay district atop an underlying zone district, how is development regulated within the Special Development District? Development within a Special Development District is regulated pursuant to an Approved Development Plan. An approved development plan is the principal document in ug iding the development, uses and activities of a special development district. A development plan shall be gpproved by ordinance by the Town Council in conjunction with the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with Section 12 -9A -5 of this Article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinily plan, parking plan, yo preliminarpen space /landscape plan, densities and permitted, conditional and accessory In essence, the approved development plan, along with the approving ordinance, becomes an "illustrative and written contract" between the Town and the property owner for the future development of the site. What about the development standards (ie, site coverage, GRFA, density, building height, landscape area, parking, setbacks, etc.), how are they determined? Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12 -9A -8 of the Zoning Regulations. Historically, deviations have been granted for development in Special Development Districts to allow for increases in GRFA, density (dwelling units per acre) building height, site coverage along with decreases in the requirement amounts of parking, landscape area, and setbacks. Justification for such deviations has included proximity to public transportation, increased protection of the Gore Creek corridor, increased number of accommodation units, compliance with the adopted goals and policies of the Town's master plans, provision of on -site employee housing units, below -grade development versus above -grade development, provision of public improvements (sidewalks, plazas, loading /delivery, etc.) on private property, increased commercial square footage in exchange for GRFA, reductions in density (dwelling units per acre), provision of open space and public recreation, protection of natural area from future development and creation of a "third" village. Can a Special Development District approval be amended? Yes. By definition, an amendment is either "major" or "minor ". The distinctions between the two are generally the extent or magnitude of the changes requested and the subsequent review process prescribed for each. For example, change is use, increases in GRFA, change in n the 116412014 number of dwelling or accommodation units or requests to modify or enlarge the boundaries of a Special Development District are considered major amendments. As such, the review process for a major amendment is nearly identical to that required to establish a Special Development District. A minor amendment by coMparison, would be a request to modify building plans, site or landscape plans that do not alter the basic intent and character of the approved special development. Regardless of whether an amendment is considered major or minor, in order to be approved, the amendment must be consistent with the adopted design criteria. What findings must the PEC and Town Council make to approve or deny a request to establish a Special Development District? To avoid claims of arbitrary or capricious decision making by the Town's Commission and Council, the Vail Town Code establishes design criteria that must be evaluated and specific findings of fact that must be made about the application by the reviewing bodies. In all instances, when either making a recommendation or taking final action on an amending ordinance, the PEC and Town Council must find that, "The applicant has met the burden of demonstrating that the submittal materials and the proposed development plan comfy with each of the nine design criteria, or demonstrated that one or more of the nine design criteria is not applicable, or that a practical solution consistent with the public interest has been achieved. " Does an approval of a Special Development District ever lapse? Yes. The developer must begin initial construction of the special development district within three 3) years from the time of its final approval, and continue diligently toward the completion of the project. If the special development district is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding subsection, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in the Zoning Regulations. In addition to the above - prescribed time requirements, the Town Council may, at its discretion, place more restrictive time requirements upon an approval. This was the case with the approvals of the Vail Plaza Hotel and Westhaven Condominium Special Development District major amendment applications. Upon approving each of the applications, in addition to making the necessary findings of fact, the Town Council also found that the interest and welfare of the public would be furthered by placing a shorter timeframe on the length of the respective major amendment approvals. 11 64/2014 Are Special Development Districts unique to Vail? Yes and no. The terminology used, "Special Development Distriet" is somewhat unique to Vail. In most instances, the term "Planned Unit Development" (PUD) is used to describe a land use planning tool that encourages flexibility and creativity in the development of land in order to promote its most appropriate use; improves the design character and quality of the new development with the town; facilitates the adequate and economical provision of streets and utilities; preserves the natural and scenic features of open space areas; and furthers the overall goals of the community as stated in the comprehensive master plan. Regardless of the term used, however, upon reviewing a number of other communities' zoning and land development regulations, the procedures for establishing or amending an SDD or PUD are nearly identical to those outlined in the Vail Town Code. In all instances the creation of an SDD or PUD is seen as an amendment to the municipalities zoning or land use regulations, and as such, requires review and approval of an amending ordinance by the legislative body of the municipality. 11 /14/2014 Application to Amend Special Development District 8 Public Benefits of Zoning Change 1. Sales tax revenue generated by short-term rentals projected at $3,800 /year 2. Employee Housing Mitigation Fee is $69,000 3. Construction permit fees for the Town $15,000 4. Use of Vail -based businesses for conversion work 5. Increased property values benefit the town and county No Zoning Change $0 Sales tax is generated by the commercial units $0 Employee Housing Mitigation Fee paid if there is no zoning change $0 Permit fees with no conversions These commercial units have market values much less than residential units 6. Residential use is more harmonious with Commercial use in this residential the neighborhood and building. (Underlying zoning neighborhood is inconsistent and disruptive in the neighborhood should be LDMF, which does not permit commercial space.) 7. More warm beds in the Town and adjacent to the Vail Golf Course and clubhouse 8. Commercial -unit generated traffic will be The commercial units generate traffic eliminated in the neighborhood and building throughout the day reducing traffic on Vail Valley Drive and Sunburst Drive Conclusion: The public benefits are commensurate with the proposed change. There are no adverse effects of the proposed change because there is not a demand for this commercial space. of cost to convert Unit C -3 to residential - There is no windfall from increased value A comparable outlying commercial unit in Pitkin Creek Park - Unit 7DD - sold on August, 23, 2013 for $250,000. It is 645 sq. ft. and that is $387/sq. ft. Fallridge Unit C -3 is 1517 sq. ft. giving it a market value of $587,000 as a commercial unit. The cost to convert Unit C -3 to a 3 bedroom 3 bathroom residential unit is approximately $350,000 including the employee housing mitigation fee. The total of the market value as a commercial unit and the cost to convert the unit to residential is $937,000. The most recent sale of a 3 bedroom 3 bathroom residential unit in Fallridge is Unit 103, which sold for $875,000 on 5/30/2014. As this example shows, there is no windfall or unjust enrichment in allowing the change in use to residential. The purpose for the change is to give the space a viable use. 11/4/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 4, 2014 ITEM /TOPIC: Adjournment (estimated 9:20 p.m.) 11/4/2014 rowH Of vn �ii>