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HomeMy WebLinkAbout2016-04-05 Agenda and Supporting Documentation Town Council Regular MeetingNOTE: 2. 0 4. VAIL TOWN COUNCIL REGULAR MEETING 0� EVENING AGENDA TVWN OF VAR ' VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., APRIL 5, 2016 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 (5 min.) ITEMITOPIC: Proclamation No. 2, Series of 2016, National Library Week April 10-16,2016 (5 min. ) PRESENTER(S): Lori Barnes, Town Librarian ITEM/TOPIC: Appointment to Planning and Environment Commission (PEC) (5 min. ) PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Formal action to appoint member to serve on Planning and Environment Commission. BACKGROUND: One interview will be conducted during the afternoon meeting for the one vacancy remaining on the PEC. ITEMITOPIC: Appointments to Vail Local Housing Authority (VLHA) (5 min.) PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Formal action is required to appoint members to the VLHA. There are two vacancies with different terms and the appointments will need to be differentiated in the motion. BACKGROUND: Interviews will be conducted during the afternoon meeting. There are two vacancies on the VLHA with one appointment for a five year term (expiring May 31, 2021) and the other appointment serving out a term as a result of an early resignation (expiring May 31, 2018). 5. ITEM/TOPIC: Consent Agenda: 1) Minutes from March 1, 2016 meeting 2) Minutes from March 15, 2016 meeting 3) Resolution No. 10, Series of 2016, A Resolution Approving an Intergovernmental Agreement (the "IGA") Between the Town of Vail and Colorado Department of Transportation Regarding the Construction on Infrastructure to Lower Overhead Electric Lines; and Setting Forth Details in Regard Thereto 4/5/2016 4) Resolution No. 11, Series of 2016, A Resolution Approving the Intergovernmental Agreement (the "IGA") Between the Town of Vail and Holy Cross Energy Regarding the Provision and Inspection of Infrastructure to Lower Overhead Electric Lines; and Setting Forth Details in Regard Thereto 5) Resolution No. 12, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Vail Park and Recreation District for the Reimbursement for the Vail Golf Course Clubhouse Construction Costs 6) Resolution No. 13, Series of 2016, A Resolution Approving an Amendment to the Lease Agreement Between the Town of Vail and the Vail Park and Recreation District; and Setting Forth Details in Regard Thereto 7) Resolution No. 14, Series of 2016, A Resolution Approving an Amendment to the Lease Agreement Between the Town of Vail and the Vail Valley Foundation; and Setting Forth Details in Regard Thereto 8) Resolution No. 15, Series of 2016, A Resolution Approving a Lease Agreement Between the Town of Vail and Betty Ford Alpine Gardens; and Setting Forth Details in Regard Thereto (5 min.) 6. ITEM/TOPIC: Town Manager's Report 1) Update on Council Action Plan 2015-17 2) Bald Mountain Berm Update 3) Ski Season Extension (30 min. ) PRESENTER(S): Stan Zemler, Town Manager 7. ITEM/TOPIC: License Agreement with Solar Crest Condominium Association Request for an approval of a license agreement to allow for an enclosed trash/recycling structure to be located in the Town of Vail Right of Way, located at 1400 Lions Ridge Loop. (10 min) PRESENTER(S): Tom Kassmel, Town Engineer ACTION REQUESTED OF COUNCIL: Approve or deny a License Agreement for the Solar Crest trash/recycle structure to remain in the Lions Ridge Loop Right of Way. BACKGROUND: The Solar Crest Condominium Association has requested to use the Town of Vail Right of Way along Lions Ridge Loop for their trash and recycle structure. In order to do so a license agreement will be required to be approved by the Town Council. STAFF RECOMMENDATION: Staff recommends the Town Council denies applicant's request to allow the private use of town -owned right of way for a trash/recycling structure at the Solar Crest Condominium Association, located at 1400 Lions Ridge Loop. 8. ITEM/TOPIC: 1-70 Vail Underpass Public Art Update and Award of Contract with artist Gordon Huether (15 min. ) PRESENTER(S): Molly Eppard, AIPP Coordinator ACTION REQUESTED OF COUNCIL: Request formal action to 4/5/2016 award contract to artist Gordon Huether. BACKGROUND: The Art in Public Places Board issued a request for qualifications for applications that would address a public art element at the 1-70 Vail Underpass. The Board reviewed over 80 applications and narrowed them to three which submitted proposals to site specific criteria. The selection process resulted in the selection of artist Gordon Huether to create and install the public art. 9. ITEM/TOPIC: Presentation on Fee in Lieu (30 min.) PRESENTER(S): Alan J. Nazzaro, Housing Manager ACTION REQUESTED OF COUNCIL: Staff is requesting that Town Council provide direction on the Town's target households for fee in lieu dollars. BACKGROUND: Town Council requested a follow-up meeting to discuss how the Town of Vail calculates its annual fees in lieu amounts for mitigation of employee housing impacts. At the February 2, 2016 Vail Town Council Meeting, the Town Council requested a follow-up meeting to discuss how the Town of Vail calculates its annual fees in lieu amounts for mitigation of employee housing impacts. The following memo discusses the Town's fees in lieu methodology, how other communities calculate their fees in lieu for their Commercial Linkage and/or Inclusionary Zoning as well as variables the Town Council may adjust to ensure the fees in lieu collected reflect the affordability gap for the Town's target households. STAFF RECOMMENDATION: Provide direction on changes to the fee in lieu calculation variables. 10. ITEM/TOPIC: Resolution No. 7, Series of 2016, A Resolution Approving an Encroachment into an Existing View Corridor, Pursuant to Section 12-22-6, Encroachments into Existing View Corridors, Vail Town Code, to Allow for the Encroachment of an Addition to Villa Valhalla Building into View Point #5, Located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5 (30 min.) PRESENTER(S): Jonathan Spence, Planner ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request for an encroachment into View Corridor #5. BACKGROUND: The applicant is requesting the review for an encroachment into an existing view corridor to allow for a 250 square foot residential dormer addition to Unit 10 of the Villa Valhalla Building. STAFF RECOMMENDATION: On February 8, 2016, the Planning and Environmental Commission (PEC) recommended the Vail Town Council deny the proposed View Corridor Encroachment for an addition to Unit 10 of the Villa Valhalla Building with a vote of 5-1-0. 11. ITEM/TOPIC: First reading of Ordinance No. 7, Series of 2016, An Ordinance to Amend Section 11-7-15, Ski Base Area Signs of the Vail 4/5/2016 Town Code in Order to Allow Advertising of On -Mountain Recreational Activities, and Setting Forth Details in Regard Thereto (10 min.) PRESENTER(S): Brian Garner, Planner ACTION REQUESTED OF COUNCIL: Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2016 upon first reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves Ordinance No. 7, Series of 2016, an ordinance amending Section 11-7-15 of the Vail Town Code, Ski Base Area Signs, in order to allow advertising of on -mountain recreational activities, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2016 the Community Development Department recommends the Council makes the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. BACKGROUND: On September 27, 2010 the Planning and Environmental Commission recommended approval of proposed Prescribed Regulations Amendments to the Vail Town Council and was subsequently approved by Town Council. Unforeseen in 2010 was the need to advertise on -mountain recreational activities that didn't exist at that time and as a result, the advertising of all "commercial uses" was prohibited. Today with the impending launch of Epic Discovery this summer, Vail Resorts has identified a desire to advertise the recreational activities available on the mountain. STAFF RECOMMENDATION: On March 14, 2016 the Planning and Environmental Commission (PEC) recommended the Vail Town Council approve, with amendments, Ordinance No. 7, Series of 2016, upon first reading, with a vote of 6-0-0. The amendments approved by the PEC included some minor revisions to the text of the ordinance, which are reflected in the version presented for first reading. 12. ITEM/TOPIC: Ordinance No. 8, Series 2016, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund. (30 min.) PRESENTER(S): Carlie Smith, Budget Analyst ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 8, Series 2016 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 8, Series 2016 4/5/2016 13. ITEM/TOPIC: Ordinance No. 5, Series of 2016, Second Reading, An Ordinance Amending Ordinance No. 5, Series of 2008, in Accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to Allow for a Major Amendment to Special Development District No. 4, Vail Cascade Subdivision; and to Amend and Re -Establish the Approved Development Standards for Area A, Cascade Village to Allow for the Development of a Mixed Use Development, Located at 1300 Westhaven Drive; and Setting Forth Details in Regard Thereto (20 min.) PRESENTER(S): Chris Neubecker, Planning Manager ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny second reading of Ordinance No. 5, Series of 2016 BACKGROUND: The applicant, Vail Hotel Partners, LLC, represented by Mauriello Planning Group, is requesting a major amendment to a Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the reduction of seven (7) accommodation units (292 units to 285 units, for a total reduction of 2,023 sq. ft.), creation of a new fitness center inside the hotel, new spa, new salon, larger hotel rooms, new porte-cochere at main entry, and changes to the terrace on the rear of the building, located at 1300 Westhaven Drive/Cascade Village. (PEC160002) STAFF RECOMMENDATION: The Planning and Environmental Commission recommends that the Town Council approve Ordinance No. 5, Series of 2016 upon second reading. 14. ITEM/TOPIC: Ordinance No. 1, Series of 2016, Second Reading, An Ordinance Amending the Definition of Short -Term Rental in the Vail Town Code (5 min.) PRESENTER(S): Brian Garner, Planner ACTION REQUESTED OF COUNCIL: The Planning and Environmental Commission recommends that the Town Council approve Ordinance No. 1, Series of 2016. BACKGROUND: The Town's codifier identified the discrepancy in the current definitions and brought this to the attention of the Town Attorney. An amendment of the regulations of Title 12 may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, by petition of any resident or property owner in the town, or by the administrator, in accordance with the Vail Town Code. On February 22, 2015 the Planning and Environmental Commission held a public hearing on this item and voted 5-0 to make a recommendation to the Vail Town Council for approval of the attached ordinance. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 1, Series of 2016. 15. ITEM/TOPIC: Adjournment (9:25 p.m.) 4/5/2016 Please call (970) 479-2136 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. 4/5/2016 TOWN OF KIl1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Citizen Participation 4/5/2016 KK TOWN OF YAIl1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Proclamation No. 2, Series of 2016, National Library Week April 10-16, 2016 PRESENTER(S): Lori Barnes, Town Librarian ATTACHMENTS: Proclamation No. 2, Series of 2016 4/5/2016 TOWN OF VAIL"' Proclamation No. 2, Series of 2016 National Library Week 2016 WHEREAS, libraries are not just about what we have for people, but what we do for and with people; WHEREAS, libraries have long served as trusted and treasured institutions, and library workers and librarians fuel efforts to better their communities, campuses and schools; WHEREAS, libraries are evolving in order to serve their communities and to continue to fulfill their role in leveling the playing field for all who seek information and access to technologies; WHEREAS, libraries and librarians open up a world of possibilities through innovative STEAM programing, Makerspaces, job -seeking resources and the power of reading; WHEREAS, libraries and librarians are looking beyond their traditional roles and providing more opportunities for community engagement and deliver new services that connect closely with patrons' needs; WHEREAS, libraries support democracy and effect social change through their commitment to provide equitable access to information for all library users regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or socio-economic status; WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week. NOW, THEREFORE, be it resolved that I, Dave Chapin, Mayor of the Town of Vail, proclaim National Library Week, April 10-16, 2016. 1 encourage all community residents to visit the library this week and explore what's new at your library, and engage with your librarians. Because of you, Libraries Transform. TOWN OF VAIL Dave Chapin, Mayor Attest: Patty McKenny, Town Clerk 4/5/2016 KK TOWN OF YAIl1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Appointment to Planning and Environment Commission (PEC) PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Formal action to appoint member to serve on Planning and Environment Commission. BACKGROUND: One interview will be conducted during the afternoon meeting for the one vacancy remaining on the PEC. 4/5/2016 KK TOWN OF YAIl1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Appointments to Vail Local Housing Authority (VLHA) PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Formal action is required to appoint members to the VLHA. There are two vacancies with different terms and the appointments will need to be differentiated in the motion. BACKGROUND: Interviews will be conducted during the afternoon meeting. There are two vacancies on the VLHA with one appointment for a five year term (expiring May 31, 2021) and the other appointment serving out a term as a result of an early resignation (expiring May 31, 2018). 4/5/2016 Tnwx OF vn' ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Consent Agenda: 1) Minutes from March 1, 2016 meeting 2) Minutes from March 15, 2016 meeting 3) Resolution No. 10, Series of 2016, A Resolution Approving an Intergovernmental Agreement (the "IGA") Between the Town of Vail and Colorado Department of Transportation Regarding the Construction on Infrastructure to Lower Overhead Electric Lines; and Setting Forth Details in Regard Thereto 4) Resolution No. 11, Series of 2016, A Resolution Approving the Intergovernmental Agreement (the "IGA") Between the Town of Vail and Holy Cross Energy Regarding the Provision and Inspection of Infrastructure to Lower Overhead Electric Lines; and Setting Forth Details in Regard Thereto 5) Resolution No. 12, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Vail Park and Recreation District for the Reimbursement for the Vail Golf Course Clubhouse Construction Costs 6) Resolution No. 13, Series of 2016, A Resolution Approving an Amendment to the Lease Agreement Between the Town of Vail and the Vail Park and Recreation District; and Setting Forth Details in Regard Thereto 7) Resolution No. 14, Series of 2016, A Resolution Approving an Amendment to the Lease Agreement Between the Town of Vail and the Vail Valley Foundation; and Setting Forth Details in Regard Thereto 8) Resolution No. 15, Series of 2016, A Resolution Approving a Lease Agreement Between the Town of Vail and Betty Ford Alpine Gardens; and Setting Forth Details in Regard Thereto ATTACHMENTS: Minutes from March 1, 2016 meeting Minutes from March 15, 2016 meeting Resolution No. 10, Series of 2016 Resolution No. 11, Series of 2016 Resolution No. 12, Series of 2016 Resolution No. 13, Series of 2016 Resolution No. 14, Series of 2016 Resolution No. 15 Series of 2016 4/5/2016 Vail Town Council Meeting Minutes Tuesday, March 1, 2016 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 Dave Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Jen Mason Greg Moffet Members absent: Kim Langmaid Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk Mayor Chapin reminded the community about the town's annual community meeting scheduled for March 8 and the Burton US Open Championships occurring this week in Vail. He encouraged and invited everyone to attend these events. The first item of business was Proclamation No. 1, Series of 2016, One Book, One Valley Community Reading Program presented by Lori Barnes, Vail Public Library, a proclamation which gives support for the communitywide reading program One Book, One Valley 2016. The proclamation was read and Moffet moved to approve Proclamation No. 1, Series of 2016; Foley seconded the motion and it passed (6-0). The second item on the agenda was Citizen Participation with comments from Reggie O'Brien representing Bald Mountain Townhomes making inquiries about the easement in order to complete the berm. She noted their homeowners are very anxious to have CDOT complete this project and asked for town support as well. Taylor Gardarian, local resident of Eagle -Vail, commented on his progress made with discussions about his gondola idea. The third item of business was the appointments to the Design Review Board. Moffet moved to appoint Andy Forstl, Rollie Kjesbo and Bill Pierce to the DRB; Cleveland seconded the motion and it passed (6-0). Foley thanked the new members for all their years of service The fourth item of business was the Consent Agenda as follows: 1. Minutes from February 2, 2016 council meeting It was noted that only six members were present instead of seven which was indicated in the minutes at adjournment. Foley moved to approve the February 2, 2016 minutes; Cleveland seconded and the motion passed (Moffet abstained; 5-0). 2. Minutes from February 16, 2016 council meeting Moffet moved to approve the February 16, 2016 minutes; Foley seconded the motion and it passed (6-0). Town Council Meeting Minutes of March 1, 2016 Page 1 4/5/2016 3. Chamonix Residential Development - Infrastructure Contract Award Moffet noted that Old Castle should be the contractor and not Elam as noted in the memo. There was some discussion about the cost differentiations between the proposals and assurances that the work done will only be that which was included in the design. Community Development Director George Ruther confirmed that would be the case and detailed some of the improvements slated to begin. Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Old Castle to complete the Chamonix Residential Development project in the amount not to exceed $599,342.40; Cleveland seconded the motion and it passed (6-0). 4. 2016 Overlay Contract Award Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Old Castle to complete the 2016 Vail Overlay Project in the amount not to exceed $433,262.00; Bruno seconded the motion and it passed (6-0). 5. Resolution No. 5, Series of 2016, Designating Public Posting It was noted Resolution No. 5 was not included in the packet for consideration. Town Clerk Patty McKenny explained the Vail Municipal Building serves as the only official posting notice location, with bulletin boards at both entrances to the building. The town's website is also used for posting many public notices and materials. The resolution passed (6-0). The fifth item on the agenda was the Town Manager's Report; there were no items reported on at this time. The sixth item of business was Resolution No. 6, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Creating A Partnership as Part of the Plan4Health Grant and Setting Forth Details in Regard Thereto. Mark Hoblitzell, Environmental Sustainability Coordinator and Kris Valdez Planner, Eagle County presented the intergovernmental agreement (IGA) with Eagle County to support efforts associated with the Plan4health grant. A brief slideshow was presented addressing primary healthy activities and examples. It was noted that in return for assistance with grant programs, the Town of Vail would receive a $5,000 distribution of grant funds and a review of the town's policies in support of healthy eating and active living identifying strengths and opportunities for the Town of Vail. It was also mentioned the town may be asked to provide staff time for document searches, stakeholder meetings, and program review moving forward. Some Council members expressed concerns about the intent of the programming and inquired about "who" would be making these decisions about the programming. Foley moved to approve Resolution No. 6, Series of 2016, reading the entire resolution into the record. Bruno seconded the motion. Public comment was invited; no public comment was made. The motion passed (6-0). The seventh item on the agenda was a presentation about "Restore the Gore; Gore Creek Water Quality Strategic Plan", with a discussion of high priority actions and budgetary planning associated with the plan, as presented by Kristen Bertuglia, Environmental Sustainability Manager. She noted at the February 2nd session of the Vail Town Council, staff presented the background and causes of decline of Gore Creek, and the overall Plan to address the lack of aquatic life for which Gore Creek is listed on the 303(d) list of impaired waters. The presentation addressed many topics with some time spent on the "high priority plan actions", (identified in the worksheet), and the budget proposal for implementation of the plan. She noted Town Council Meeting Minutes of March 1, 2016 Page 2 4/5/2016 some of the items are already being addressed and grant results would not be known until late spring. The plan would also be reviewed on March 15 with further detail about priority actions and a more developed budget. She noted there were many groups involved throughout the entire process, thanking them. There were some questions about the temporary position that has been created in order to oversee some of the programming of this plan. There was some suggestion to include our community, i.e. non profit groups, in efforts that would also speak to the plan implementation. There were other council comments as follows: ✓ Must review the plan periodically / annually ✓ What happens if the town does not get grant funding ✓ Develop metrics that show the plan implementation is successful ✓ Outreach to other community stakeholders for funding Chapin asked for any public input on the topic with comments given as follows: ■ Taylor Gardarian, local Eagle -Vail resident, thanked those who participated and council for supporting such programming ■ Diane Johnson, ERWSD and Vail resident, expressed support of the process and the plan and products, and the relationships that exist between the agencies and the community. ■ Eric Perkins, local fisherman, spoke about some of the issues he has seen occur over the years, as well as expressed support for the plan and all those involved. He also thanked the town for their efforts. The eighth item on the agenda was Vail Golf and Nordic Clubhouse Remodel Project Construction Update as presented by Stan Zemler, Town Manager and NV5, owner representative. Others involved in the project are Zehren and Associates who provide the architectural design, and Evans Chaffee Construction Group, who provide Construction Manager/General Contracting Services. Zemler presented a construction budget update and asked for direction on their request to include an additional $651,241 to finish the Vail Golf and Nordic Clubhouse project. Staff recommended supplementing the remaining budget from the RETT fund balance noting this would provide up to $175,000 in additional project contingency to complete the project. It was noted any savings at the end of the project would be returned to the RETT Fund. He also suggested this change would become part of the first supplemental budget of 2016 from the recommended funding sources, summary below. 2015 and 2016 Recreation amenity Funds $272,001 Savings from 2105 Golf Course Other Improvements Account $100,783 Energy Enhancement Capital Funds $ 50,000 RETT Fund Balance $228,457 Total Supplemental $651,241 Zemler explained as the project has progressed, project owner risks were exposed, such as poor soils, ground water, unexpected conditions during demolition, and weather related expenses. Additional details about costs overages were presented in a council packet memo from the Town's owner's representative NV5. At this time the project team identified $315,000 worth of overages which will need to be supplemented to complete the project. The project team also recommended that an additional $335,000 be spent to reinstate the interior, operational enhancements and amenity alternates which would complete the project to the level of quality and finish of other Town of Vail projects. Council comments addressed some of the following: ✓ Important to finish the project and now is the time to do it right, the Vail way ✓ Time to tour the construction project ✓ Description of costs related to replacing and repairing the irrigation Town Council Meeting Minutes of March 1, 2016 Page 3 4/5/2016 ✓ How the weather impacted the costs There was Council consensus to move forward in completing the project as a "legacy project" and to ensure it is one which would be impressive for many years to come. Moffet moved to direct staff to include the requested funding of $651,241 as part of the first 2016 supplemental budget ordinance. Cleveland seconded the motion and it passed (6-0). There were no public comments on this matter. The ninth item of business was a First reading of Ordinance No. 4, Series of 2016, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are now nonconforming due to lot size requirements, and setting forth details in regard thereto as presented by Jonathan Spence, Planner. He presented background about this topic, noting that as a result of annexation into the Town of Vail, 35± duplex properties (2 dwelling units on a single development site) have been deemed Legal Nonconforming by the Vail Town Code due to not meeting the minimum lot size for 2 dwelling units. He further noted that as Legal Nonconforming properties, homeowners are unable to utilize any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) unit or duplex property. The Prescribed Regulation Amendment is proposed to amend the density control section of the Two - Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts by providing an exception to the required minimum lot size for those subject properties. The effect of this language will be to remove the nonconforming designation from the properties, allowing utilization of available GRFA or potential property redevelopment. It was also noted that on February 8, 2016, the Planning and Environmental Commission recommended the Vail Town Council approve Ordinance No. 4, Series of 2016, upon first reading, with a vote of 5-0-0. Chapin invited public input and several members spoke as follows: ■ Tom Braun, Braun & Associates, spoke on behalf of the property owners, expressing support for the ordinance and what it would enable his property owners to do. ■ Gene Grace, property owner, provided some history and asked council's support of the ordinance. He thanked community development staff for all their assistance in helping to resolve this complex issue. Moffet moved to approve Ordinance No. 4, on first reading, Ordinance No. 4 Series of 2016, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are nonconforming due to lot size requirements, and setting forth details in regard thereto with the following findings: Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated February 8, 2016 and the evidence and testimony presented and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Town Council Meeting Minutes of March 1, 2016 Page 4 4/5/2016 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; 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." Cleveland seconded the motion and it passed (6-0). Foley thanked all those speaking at the PEC meetings, the PEC and staff for their effort in helping the people who live in Vail. The tenth item of business on the evening's agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 8:15 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of March 1, 2016 Page 5 4/5/2016 Vail Town Council Meeting Minutes Tuesday, March 15, 2016 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 Dave Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Kevin Foley Kim Langmaid Jen Mason Greg Moffet Members absent: Dick Cleveland Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item of business was Citizen Participation with several comments made as follows: ■ Several Bald Mountain Townhome's property owners were present, Penny Wilson, Reggie O'Brien, to request the town's support in finishing the berm project to help reduce noise in that neighborhood. ■ Paul Rondeau, Vail resident, welcomed new council members thanking them for a wonderful annual community meeting. He then expressed concern about the overages related to the Golf and Nordic Clubhouse and suggested the town respond to comments written in the Vail Daily news article. There was some information presented by council members about the overages with a reminder that part of them were related to litigation with some of the area property owners. ■ Taylor Gardarian, Eagle -Vail resident, expressed great support for the community and getting involved. The second item of business was the Consent Agenda as follows: 1. Resolution No. 8, Series of 2016, Resolution approving Intergovernmental Agreement (the "IGA") between the Town of Vail and Eagle River Water and Sanitation District regarding the Design of the Bridge Road Sanitary Sewer Relocation; and setting forth details in regard thereto. Moffet moved to approve Resolution No. 8; Bruno seconded the motion and it passed (6-0). 2. Booth Creek Park Award Contract for the fabrication and installation of artistic playground components. Moffet moved to direct the Town Manager to enter into a contract with Chevo Studios in the amount of $82,898 for the fabrication and installation of artistic playground components at Booth Creek Park; Bruno seconded the motion and it passed (6-0). 3. Booth Creek Park/Golden Peak Sport Courts Award Contract for the construction of the pickleball courts at Golden Peak and the tennis courts at Booth Creek Park. Town Council Meeting Minutes of March 15, 2016 Page 1 4/5/2016 Moffet moved to direct the Town Manager to enter into a construction contract with Renner Sports in the amount of $395,082 for the construction of the pickleball courts at Golden Peak and the tennis courts at Booth Creek Park; Bruno seconded the motion and it passed (6-0). Staff noted the courts have been moved several feet away from the creek in answer to some Council concerns. The third item of business was Appointments to Art in Public Places Board (AIPP) and to Planning and Environmental Commission. Moffet moved to appoint Ludwig Kurz, Henry Pratt and John Rediker to the PEC; Foley seconded the motion and it passed (6-0). Moffet moved to appoint Patricia Donovan, Julie Hansen, Nancy Lassetter, Bill Pierce, Kara Woods and Amanda Zinn to the AIPP Board; Bruno seconded the motion and it passed (6-0). Foley thanked Cookie Flaum and Kathy Langenwalter for their many years of service on the AIPP and to the Vail community; they are grateful! The fourth item of business was a CDOT 1-70 Projects Overview presented by Karen Berdoulay, CDOT Region 3 Resident Engineer, who spoke about the upcoming 2016 CDOT 1-70 Projects in Eagle County, Region 3 as follows: 19094 —Vail Underpass (1-70 174.5-175.5) Construction Activities • Construct new bridges on EB and WB 1-70 ■ Add additional 1-70 underpass near milepost 175, connecting North and South Frontage Roads • Project will not add additional 1-70 exits/interchanges into the Town of Vail 19490 — Vail Chain Station (1-70 MM 178-179) • Construction activities ■ Construction of a new wall and expansion of the existing Chain -up station on EB 1-70 approx. 1500 feet. ■ Replacement of existing lighting in the chain up station with new LED lighting. ■ New lighting in the chain down station on WB 1-70, directly across the highway from the chain up station. 19395 — Lake Creek Bridge (US 6 MM 165.1) ■ Construction activities ■ Replacement of the existing bridge (from 1942) on US -6 approx. 1 mile west of Edwards 18266 — Cross Creek Culvert • Construction activities • Replacement of the existing CMP under US -24 with a concrete box culvert on Cross creek near cross creek road that goes to Maloit park. ■ Road surface will be widened with a turn lane to access Cross Creek Road. 17778 — Wildlife fence (1-70 131-140 and 165.8-171.4) • Construction activities ■ Installation of deer fence and game ramps between Dotsero and Gypsum as well as between Avon and Dowd Junction. 18159 — Eagle -Vail Bridges (1-70 MP 168.2-169.2) ■ Construction activities ■ Bridge rehabilitation, deck repairs on the WB bridge 20582 — Vail Pass Barrier Project (1-70 MP 180-186) • Construction activities • Replacement of substandard Bridge rail on 1-70 from MP 180 to 186 on EB and WB. • Replacement of substandard concrete barrier on 1-70 from MP 180 to 186 on EB and WB. 20287 — Eagle and Summit Bridge Joint (1-70 Vail Pass) • Construction activities • Replacement of Bridge joints on 1-70 on Vail Pass in both EB and WB. • Only 2 structures are remaining, both at the bottom of Vail Pass in the WB direction Town Council Meeting Minutes of March 15, 2016 Page 2 4/5/2016 There was some discussion about the following: ✓ Bald Mountain Berm Project ✓ Traffic calming and construction zone traffic calming and signage, VMS signage ✓ Status of the lawsuit for the acquisition of the right of ways needed for the project The fifth item on the agenda was the Resolution No. 9, Series of 2016, A Resolution 3/15/2016 Adopting the Restore the Gore Strategic Plan to Restore Gore Creek Water Quality Resulting in the Removal of Gore Creek From the Colorado Department of Public Health and Environment Water Quality Control Division 303(d) List of Impaired Waters, and Setting Forth Details in Regard Thereto, as presented by Kristen Bertuglia, Environmental Sustainability Manager. It was noted at the March 1 st meeting of the Vail Town Council, staff presented the strategic plan implementation approach and the high priority action list as elements of the Plan which was created to try to address the lack of aquatic life in the Gore Creek, now identified on the 303(d) list of impaired waters. Bertuglia noted there were no contextual changes to the Plan and recommendations were made related to implementation. There were thanks extended to all involved in the process. She highlighted the timeline table below: Bertuglia addressed the implementation approach of the plan as outlined in the memo: ■ strategic plan is a five-year plan ■ work includes partner organizations and the Planning and Environmental Commission • a series of high priority action items will help guide the sequencing of activities going forward ■ Action items were selected based on their high level of relative effectiveness and feasibility ■ Timeline includes: 1. Prioritize 2016 action items within High Priority Action Items list 2. Develop 2016 Plan and Budget 3. Conduct Annual Review/Year End Results 4. Develop 2017 Plan and Budget Council feedback was given about the following topics: ✓ Condition of the storm water vaults, which were noted as in good condition ✓ Need to see success and measure the success of funding spent on outreach, marketing and education Town Council Meeting Minutes of March 15, 2016 Page 3 4/5/2016 ✓ The impacts of the town's snow dump, which was noted as having high impacts but actions to mitigate the problems were identified and immediate. ✓ It was noted Vermillion has been contracted to assist monitoring the progress and success of the plan ✓ Interest in better identifying the measurement of success of the plan and the return on the investment (in light of the proposed budget estimate to implement) ✓ The need (or not) for adding another employee to oversee the program; it was clarified the position is temporary for two years only ✓ How this program aligns with the noxious weed management program and is there nexus for the new position to oversee both ✓ Important to realize this plan is also meant to help change the "culture" of how we view our environment ✓ What is the real role of Eagle River Water and Sanitation District Bertuglia also reviewed the proposed budget which was estimated at $7M to be spent over five years. Public input was requested at this time. ■ Shawn Bruckman, Vail resident, shared her support of the plan and encourage there be a thoughtful approach to the marketing and education components ■ Eric Perkins, Vail resident, spoke about his continued concerns showing some photos of snow dumping on the banks of the Gore Creek. ■ Taylor Guardarian, Eagle -Vail resident, expressed support to continue to maximize environmental benefits with the adoption of the project Chapin noted the council was in receipt of a letter from ERWSD, Rick Sackbauer, Chairman, supporting the strategic action plan. There were some further comments made by Council members who generally supported the plan, but concerns remained about the plan as too extravagant, too much too fast, and how the programs will be measured to have been successful or not. The storm water component was definitely seen as a priority action item as well as the need for periodic updating to the Council about results. Bruno moved to approve Resolution No. 9, Series of 2016, A Resolution 3/15/2016 Adopting the Restore the Gore Strategic Plan; Foley seconded the motion and it passed (5-1; Moffet nay). It was noted the Resolution did include adopting a budget for this programming. It was suggested to staff to also contact the State of Colorado since they should also be involved with providing some assistance in implementing the plan. There are many impacts on the river by interstate runoff of mag chloride. The sixth item of business was consideration of the 2016 Ford Park Summer Managed Parking Program presented by Greg Hall, Director of Public Works and Transportation. He noted each spring the summer activities and events calendar is reviewed by the Ford Park User Groups, including representatives from Town of Vail, Vail Recreation District, Vail Valley Foundation (Gerald R. Ford Amphitheater), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountains Science Center (as operators of the Vail Nature Center). The group proposed summer dates per the 2016 calendar when the managed and paid parking program is implemented throughout the summer. Hall spoke about the number of additional days as 7 day compared to prior year, all of which are in June and implemented as paid because of the demand created by the volleyball and lacrosse tournaments. There was positive feedback from the user groups about the changes implemented last year, i.e. the ability to reserve portions of the parking lot for users. There were actually very few complaints with the program last year and the valet service was very successful in assisting with the management of the lot during evening events. There was some discussion about whether there is a need to include paid parking throughout the Town Council Meeting Minutes of March 15, 2016 Page 4 4/5/2016 summer and it was suggested the user groups explore this for summer 2017. Suggestions were made to include some better signage that would address express bus hours and paid dates. Moffet moved to approve the 2016 Summer Managed Parking Program Calendar; Foley seconded the motion and it passed (6-0) The seventh item on the agenda was Town Manager's Report at which time he presented the Council Priorities and Action Plan information about vision, missions and focus area goals; he asked for feedback from council on the plan. He also noted the community survey was mailed. The eighth item on the agenda was Ordinance No. 1, Series of 2016, First Reading, An Ordinance Amending the Definition of Short -Term Rental in the Vail Town Code presented by Chris Neubecker. It was noted the Town's codifier identified the discrepancy in the current definitions and brought this to the attention of the Town Attorney last year. On February 22, 2015 the Planning and Environmental Commission held a public hearing on this item and voted 5-0 to make a recommendation to the Vail Town Council for approval of the attached ordinance. Moffet moved to approve Ordinance No. 1; Bruno seconded the motion and it passed (6-0). The definition now includes a short term rental shall be deemed for a period not exceeding 30 days. The ninth item of business was Ordinance No. 5, Series of 2016, First Reading, An ordinance amending Ordinance No. 5, Series of 2008, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 4, Vail Cascade Subdivision; and to amend and re-establish the approved development standards for Area A, Cascade Village to allow for the development of a mixed use development, located at 1300 Westhaven Drive; and setting forth details in regard thereto. Chris Neubecker, Planning Manager, presented this item noting the applicant, Vail Hotel Partners, LLC, represented by Mauriello Planning Group, is requesting a major amendment to a Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the reduction of seven (7) accommodation units (292 units to 285 units, for a total reduction of 2,023 sq. ft.), creation of a new fitness center inside the hotel, new spa, new salon, larger hotel rooms, new porte-cochere at main entry, and changes to the terrace on the rear of the building, located at 1300 Westhaven Drive/Cascade Village. (PEC160002). In summary it was noted the following changes to the Vail Cascade Resort & Spa within SDD No. 4 are as follows: ■ Reduce the number of accommodation units by (7) accommodation units (292 units to 285 units), for a total reduction of 2,023 sq. ft. ■ Creation of a new fitness center inside the hotel ■ Creation of a new spa within the hotel ■ Creation of a new salon within the hotel ■ Creation of larger hotel rooms by combining some rooms ■ Installation of a new porte-cochere (covered vehicle entrance) ■ Changes to the terrace on the rear of the hotel building The presentation included a review of several site diagrams. There was some discussion about each of the changes identified above. Dominic Mauriello, Mauriello Planning Group, representing the hotel owner, presented the application. Phil Seibert, Lauris Corporation, addressed the Council with information about their purchase and plans for a $30M Town Council Meeting Minutes of March 15, 2016 Page 5 4/5/2016 redevelopment of the property. He spoke about their company, their mission to purchase resorts and larger hotels, their interest in creating a venue for national conferences, the role Starwood plays with the property, the high level guest experience they want to create, and how he sees the property complimenting the other hotels in Vail. Mauriello presented the SDD amendments to the special district plan and noted the following: ❖ there are major upgrades to the hotel, including major interior renovations ❖ the property standards will align with the Starwood Luxury Collection, the new operator of the Cascade Hotel and Resort ❖ the number of accommodation units would be reduced but would also bring a higher average daily rate ❖ the addition of the Starwood brand will bring a new lodging franchise to Vail and also allow members of Starwood's Preferred Guest program to use their points in Vail ❖ the new owners are also seeking to expand the use of the Cascade Hotel and Resort for more events and conferences At this time, Moffet stated he had a conflict of interest on this agenda item and recused himself by leaving the council chambers (8:15 p.m.). After the presentation, there was a question about the tennis courts; there were no plans to replace the tennis courts. Public input was invited and Taylor Gardarian asked if there would be any improvements made to the ski lift; there were not going to be any improvements. Foley moved to approve Ordinance No. 5, Series of 2016, First Reading, An ordinance amending Ordinance No. 5, Series of 2008, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 4, Vail Cascade Subdivision; and to amend and re-establish the approved development standards for Area A, Cascade Village to allow for the development of a mixed use development, located at 1300 Westhaven Drive; and setting forth details in regard thereto, with a condition that the proposed pool would be reviewed and approved by PEC. Bruno seconded the motion and it passed (5-0; Moffet recused). The tenth item of business was Ordinance No. 4, Series of 2016, Second Reading, An Ordinance for a Prescribed Regulation Amendment, Pursuant to Section 12-3-7, Amendment, Vail Town Code, to Amend Title 12, Sections 12-6C-8 and 12-6D-8, to Provide an Exception to the Minimum Lot Size for Properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were Annexed into the Town of Vail with Two Dwelling Units and are now Nonconforming Due to Lot Size requirements, and setting forth details in regard thereto. This ordinance was drafted to help resolve some issues related to an annexation into the Town of Vail, 35± duplex properties (2 dwelling units on a single development site) which have been deemed Legal Nonconforming by the Vail Town Code due to not meeting the minimum lot size for 2 dwelling units. As Legal Nonconforming properties, homeowners are unable to utilize any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) unit or duplex property. The Prescribed Regulation Amendment is proposed to amend the density control section of the Two -Family Residential (R) and the Two - Family Primary/Secondary Residential (PS) Districts by providing an exception to the required minimum lot size for those subject properties. The effect of this language will be to remove the nonconforming designation from the properties, allowing utilization of available GRFA or potential property redevelopment. Community Development Director George Ruther spoke about the item noting there were no changes from first reading. Moffet moved to approve Ordinance No. 4, Series of 2016; Bruno seconded the motion and it passed (6-0). There was not any public input on the matter. Town Council Meeting Minutes of March 15, 2016 Page 6 4/5/2016 The eleventh item on the agenda was adjournment. There being no further business to come before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed (6-0) and the meeting adjourned at 8:30 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of March 15, 2016 Page 7 4/5/2016 WI ► ► I I 0) VAIL 1 Memorandum To: From: Date: Subject Town Council Public Works Department April 6, 2016 CDOT IGA for installation of Holy Cross Energy conduit and vaults SUMMARY As a part of the 1-70 Vail Underpass project the town is able to take advantage of the construction impacts along the South Frontage road and install the infrastructure for the future lowering of the overhead electric lines that currently exist between the South Frontage Road and Gore Creek from the Liftside Condominiums near Westhaven Drive to the Glen Lyon Office Building. In order to do so the town must contract separately with CDOT to install the necessary conduit and electric vaults in the amount of $105,248.31. In addition the town must separately contract with Holy Cross Energy for the purchase of the conduit and electric vaults. If this work is not coordinated with the 1-70 Vail Underpass Project now future costs will significantly increase since work in the future would require removal and replacement of asphalt, sidewalk and sections of the roundabout that are being installed with the underpass project. STAFF RECOMMENDATION Staff recommends that the Town Council approves the CDOT IGA for the installation of the Holy Cross Energy conduit and electric vaults in the amount of $105,248.31 ATTACHMENTS Resolution No. 10 Series 2016 CDOT Reimbursable Agreement 4/5/2016 RESOLUTION NO. 10 Series of 2016 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE CONSTRUCTION OF INFRASTRUCTURE TO LOWER OVERHEAD ELECTRIC LINES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town desires to partner with the Colorado Department of Transportation ("CDOT") to construct infrastructure to lower overhead electric lines (the "Project"); WHEREAS, the Project, located at along the South Frontage road approximately between Westhaven Drive and the Gore Creek Trail connector, will provide the installation of infrastructure ( Conduits and Vaults) to allow for the future lowering of the adjacent overhead Holy Cross Energy electric lines; WHEREAS, the Council's approval of Resolution No. 1 0 , Series 2016, is required to enter into the Intergovernmental Agreement ("IGA"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with CDOT on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5t" day of April, 2015. Dave Chapin Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 10, Series of 2016 4/5/2016 Resolution No. 10, Series of 2016 4/5/2016 COLORADO DEPARTMENT OF TRANSPORTATION Project Sub -Account: 19094 INCURRED COST CONTRACT (REIMBURSABLE) Project Number: STA 0702-327 SH: I-70 SAP PO: 351001245 Project Name: I-70 Vail Underpass CMS Routing: 16-HA3-XE-00045 THIS CONTRACT, made and entered into this day of December, 2015, is by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation ("CDOT" or "the State") and TOWN OF VAIL ("Utility Owner"). WHEREAS: The authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment; 1. The required approval, clearance and coordination has been accomplished from and with all appropriate agencies; 2. The State anticipates performance of construction Project No. STA 0702-327 for construction of I-70 Vail Underpass hereinafter referred to as "the highway project"; 3. The highway project necessitates adjustment or relocation of Utility Owner's facilities, and/or affords the Utility Owner with the opportunity to construct improvements to its system, hereinafter referred to as the "Work", and is generally described as follows: Reimburse CDOT $105,248.31 for Electrical Conduit/Vault Installation. The above materials shall be installed within the State highway right-of-way as more fully shown on the "Highway Construction Plan Sheets" attached hereto as Exhibit "A"; 4. The Utility Owner is responsible for the cost of the Work, as more fully shown on the "Tabulation of Bids" attached hereto as Exhibit 1011"; 5. The Utility Owner is willing to reimburse the State for all expenses incurred in performance of the Work; 6. The State's contractor can perform the Work in conjunction with construction of the highway project; 7. It is in the public interest for the State and the Utility Owner to consolidate their respective responsibilities and activities so as to lessen the impact of the construction upon the general public; 8. The State and the Utility Owner desire to consolidate performance of the Work with the construction of the highway project, and set forth their respective obligations and responsibilities with respect to the Work and funding thereof, and 9. This contract is executed by the State under the authority of §43-1-110 and §43-1-114, C.R.S as amended. NOW THEREFORE, THE STATE AND THE UTILITY OWNER AGREE: 1. The State shall provide liaison with the Utility Owner through the State's Region Utilities Engineer (RUE), who is available at 222 South 01 Street, Grand Junction, CO 81501. The RUE can be reached at (970) 683-6209 and will coordinate all State activities under this contract. 2. The Work shall be depicted in detail in Exhibit A, "Highway Construction Plan Sheets" and Exhibit B, "Tabulation of Bids" and the costs associated therewith within, for the above -referenced project, copies of which are attached hereto and made a part hereof. The plans and specifications for the Work, hereinafter referred to as the `Electrical Conduit/Vault Installation". 3. The bid documents shall be prepared by the State, and will include all bid items necessary for performance of the work, and shall be made a part of this contract by reference. Document Builder Generated Pagel of 3 CDOT Form # 1395 1/11 4/5/2016 4. The State will award, or has already awarded, a construction contract for the highway project, including the Work, pursuant to the provisions of §24-92-101, C.R.S., et seq., as amended. The State shall be the sole authority for awarding said construction contract. 5. The Utility Owner shall give immediate written notification to the State if it desires any revision of the Work. The State shall then incorporate any mutually acceptable revisions into the Work, anf the Utility Owner shall be responsible for all costs of the revised Work and shall pay such costs in accordance with the provisions of paragraph 8, below. 6. The State, through its construction contractor, shall perform and complete the Work in accordance with Exhibit A, Exhibit B, and the Highway Construction Plan Sheets. Both the State and the Utility Owner will jointly supervise the performance of the Work, which shall include, but not be limited to, field and office engineering, construction inspection and materials testing, and traffic control through the Work area. 7. The Utility Owner shall cooperate and coordinate with the State in the performance of the Work. During construction, a Utility Owner representative shall periodically observe the performance of the Work to ensure that the Utility Owner's interests with regard to the Work are being fulfilled. Upon completion of the Work, the utility Owner shall provide the State with final written approval and acceptance of the Work, which approval shall not be unreasonably withheld provided that performance of the Work has been completed in substantial conformance with Exhibit A and Exhibit B, and with the Highway Construction Plan Sheets. The Utility Owner's inspector shall communicate with the State's construction contractor only through the State's engineer and shall not be directly involved with the State's construction contractor. 8. The Utility Owner shall reimburse the State for the cost of the Work as set forth in Exhibit A. Total Work costs shall include and be expressed as physical construction costs, as derived from the estimated quantities at the State's construction contractor's contract unit prices. 9. The Utility Owner's share of the Work costs is estimated to be $105,248.31- as set forth in Exhibit B, and shall be the maximum amount of the Utility Owner's obligation unless such amount is increased by a written amendment to the contract. 10. The Utility Owner has appropriated sufficient funds to pay for the costs of the Work that will be completed within the Utility Owner's current fiscal year. For Work to be completed in subsequent fiscal years, if any, the Utility Owner shall make all necessary good faith efforts to effectuate the availability of sufficient funds. In the event funds are not so appropriated by the Utility Owner, the Utility Owner shall promptly notify the State of such fact so that the additional Work can be deleted from the project. 11. The State will invoice the Utility Owner for the total amount to be reimbursed upon substantial completion of the Work. The Utility Owner will promptly pay the invoiced amount to the State no later than 30 days after the invoice date. 12. Contractor payments will be paid from project funds until the State is reimbursed for the Work. 13. The State agrees to make all project records available to the Utility Owner up to three (3) years after the substantial completion of the highway construction project in the event the Utility Owner desires to audit the same for cost verification purposes. 14. The term of this contract shall begin on the date signed by the State Controller, and shall extend to the date which is three months after the date of the final payment or the final audit, whichever is pertinent to this contract, unless earlier terminated. 15. This contract shall inure to the benefit of and be binding upon the parties, their successors and assigns. 16. Either the State or the Utility Owner may terminate this contract at any time upon reasonable notice for cause, or convenience, or if funds become unavailable, provided that the Utility Owner shall reimburse the State for the incurred cost of actual Work performed for the benefit of the Utility Owner up to the termination date. 17. The Utility Owner represents and warrants that it has taken all necessary actions that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the Utiltiy Owner and to bind the Utility Owner to its terms. Document Builder Generated Page 2 of 3 CDOT Form 4 1395 1/11 4/5/2016 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for the Utility Owner hereby swear and affirm that they are authorized to act on behalf of the Utility Owner and acknowledge that the State is relying on their representations to that effect and accept personal responsibility for any and all damages the State may incur for any errors in such representation. IN WITNESS WHEREOF, the patties hereto have caused this agreement to be executed in triplicate by their respective officials thereto duly authorized. UTILITY OWNER Name: TOWN OF VAIL Printed Legal Name of Utility Owner As registered with the Colorado Secretary of State Name: By: Signature of Authorized Representative* Printed Name and Title of Authorized Representative Document Builder Generated STATE OF COLORADO John W. 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MOOR W. 4/5/2016 4/5/2016 0� (D�00 7 41 �L;t N Ln o H ONO N �m-i � O rpt dm cI - H AA- in 4n t^ m m r-, Oo -! lD to � 41 i ri Ln O L' m U �C u 3 rn 4a O Y f0 aJ co 1A al i+ Ln O cn Li- LL- N 0cn H J J to N O O Y 41 v G e -I J O C C ui C t' VM 0 0 U 3 M o� aj tW 41 v u m 2 10— .Q s -i 9A 1� o� N L LL O LL v u ��' ul i 0 L O a) o U O aJ d0' t00 t d0 41F- + O O O m al O 4! rm-1 im-1 em -1 O 0 0 i LD to W F- U U l7 it 4/5/2016 Memorandum To: From: Date: Subject Town Council Public Works Department April 6, 2016 Holy Cross Energy Trench, Conduit and Vault Agreement SUMMARY As a part of the 1-70 Vail Underpass project the town is able to take advantage of the construction impacts along the South Frontage road and install the infrastructure for the future lowering of the overhead electric lines that currently exist between the South Frontage Road and Gore Creek from the Liftside Condominiums near Westhaven Drive to the Glen Lyon Office Building. In order to do so the town must contract with Holy Cross Energy to provide the necessary conduit and electric vaults, as well as for its design and inspection, in the amount of $72,000, of which $20,000 is refundable to the Town over a 10 year period from Holy Cross Energy. In addition the town must contract separately with CDOT to complete the installation of the conduit and electric vaults. If this work is not coordinated with the 1-70 Vail Underpass Project now, future costs will significantly increase since the future work would require removal and replacement of asphalt, sidewalk and sections of the roundabout that are being installed with the underpass project. In the past it has been anticipated that the overhead electric lines would be lowered as a part of the Ever Vail development, as shown within their entitlements. If the town chooses to lower the overhead lines now, in addition to install the necessary conduit and vaults, the cost is estimated at an additional $50,000 over and above the cost stated above and the CDOT installation costs. STAFF RECOMMENDATION Staff recommends that the Town Council approves the Holy Cross Energy Trench, Conduit and Vault Agreement in the amount of $72,000. ATTACHMENTS Resolution No. 11 Series 2016 Holy Cross Energy Trench, Conduit and Vault Agreement 4/5/2016 RESOLUTION NO. 11 Series of 2016 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND HOLY CROSS ENERGY REGARDING THE PROVISION AND INSPECTION OF INFRASTRUCTURE TO LOWER OVERHEAD ELECTRIC LINES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town desires to partner with Holy Cross Energy ("HCE") to provide and inspect the necessary conduit and vault infrastructure to lower overhead electric lines (the "Project"); WHEREAS, the Project, located at along the South Frontage road approximately between Westhaven Drive and the Gore Creek Trail connector, will provide the infrastructure ( Conduits and Vaults) and necessary inspection to allow for the future lowering of the adjacent overhead Holy Cross Energy electric lines; WHEREAS, the Council's approval of Resolution No. 1 1 , Series 2016, is required to enter into the Intergovernmental Agreement ("IGA"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with HCE on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5t" day of April, 2015. Dave Chapin Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 10, Series of 2016 4/5/2016 Town of Vail Attn: Mr. Tom Kassmel 1 309 Elkhorn Drive Vail, CO 81657 RE: Vail - 170 Underpass TOV Conversion Dear Tom: 3799 HIGHWAY 82 • P.O. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 Holy Cross Energy has completed a design and cost estimate for providing electric service to the above referenced project, hereinafter the "Project". Our facilities will be installed as shown on the attached sketch. The owner or developer of the subject Project is hereinafter referred to as the "Owner". The estimated cost of construction is as follows: Total estimated cost of underground construction $72,000.00 Construction deposit consisting of equivalent overhead credits (refundable) 20,000.00 Contribution in aid of construction (non-recoverable) 52.000.00 Total payment required before starting work on the project $0.00 The above figures are only estimates. After the job has been completed, the actual cost of construction will be determined. The Owner's contribution and deposit will be adjusted to reflect the actual cost. Execution of this document constitutes the Owner's agreement to pay the full amount of the actual cost in a timely manner. Adjusted construction deposits are available for refund over a ten year period, as specified in Holy Cross Energy's Line Extension Policy. Refunds will be paid to the Town of Vail unless otherwise directed in writing. Holy Cross Energy understands that it is the Owner's intent to pay for some or all of the costs associated with this project out of the Owner's Community Enhancement Fund. As such, Holy Cross Energy requests that the Owner notify us in writing, contemporaneously with the payment, that the funds indeed come from the Owner's Community Enhancement Fund. The following conditions are hereby noted: Lot corners or other locations will be provided by the Owner as needed to ensure that our facilities are installed as shown on the attached sketch. Holy Cross Energy has implemented a policy which requires that the Owner provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve the Project. The Owner must also set all vaults and install all conduits as specified by Holy Cross Energy's design for the Project and the enclosed construction specifications. Holy Cross Energy will supply all material which can be picked up by the Owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed by the Owner and returned prior to the start of excavation. A Touchstone Energy' Cooperative J%Tr opS 4/5/2016 Town of Vail Tom Kassmel February 12, 2016 Page Two 3. No excavation will be undertaken within five (5) feet of existing underground power lines except under the onsite supervision of a Holy Cross Energy employee. 4. The route of our proposed underground power line extension must be at final grade and free of obstructions before power line construction is started. 5. All water lines, sewer lines, or other excavations in conflict with our proposed facilities must be completed, backfilled and clearly marked before power line construction can be started. 6. It shall be the Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder for the Project are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Holy Cross Energy. Said corrections will be made at the sole cost and expense of Owner. 7. Secondary voltage available will be 120/240, single-phase. 8. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross Energy specifications. All meter locations must be approved. Any service over 200 amps or 240 volts must have prior written approval from Holy Cross Energy. 9. It will be the Owner's responsibility to extend underground secondary entrance conductors from the secondary junction box located near the pad -mounted transformer to points of power usage. 10. All underground services shall be installed in conduit ahead of the meter. All underground services must be in conduit beneath roads, driveways, and other areas of difficult excavation. 11. Low voltage starting will be required on all three-phase motors larger than 25 HP and all single- phase motors larger than 10 HP. 4/5/2016 Town of Vail Tom Kassmel February 12, 2016 Page Three 12. Motor protection from phase loss and other voltage problems should be provided. This equipment shall be installed and maintained at the expense of the Owner. 13. It shall be the Owner's responsibility to protect their electric equipment from temporary over voltage or under voltage situations resulting from causes beyond the control of Holy Cross Energy. 14. The above mentioned cost estimate does not include connect fees or meter deposits, if required. Arrangements for payment of these items and for scheduling the actual meter installation should be made through the local Holy Cross Energy office. is. We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. 16. All Holy Cross Energy rules and regulations will be followed. When Holy Cross energy is in receipt of all necessary permits, the executed trench agreement, and the signed original of this letter agreement (below), the job can be scheduled for construction. Sincerely, HOLY CROSS ENERGY Jeffrey P. Vroom, Engineering Department ivroom@holvcross.com (970) 947-5425 JPV:MM Enclosure The above terms and conditions are hereby agreed to and accepted By: - — Title: Date: W/O# W/O#16-22239:Vail - 170 Underpass TOV Conversion 16-22239 Kassmel 4/5/2016 0 / WU vq WO 0 0U \\\N22 ?WW) 0 UA �z NO3¢ovaw z0 _ Immomw/ u W cn rn co N N I 2 Y U) F Z W W Z W O cc Cl) Q W > LU Zo U J O U ~ a OCC U w 0 z D 0 J Z 0 LU Q O 2 a.a Ua C/)z Z Oa Ov Z� a LL >40 rn� a� o CU LU V/ Cl)� U� 0C U0 �+0 o� 20 4/5/2016 vq WO Z U a F" ?WW) 0 UA �z NO3¢ovaw z0 w �¢zaa,Uv�"i�- xr�Ovww Ow w F x ¢ 0 0o�W¢>wA 3o F >;aA�Wja� z�C7wF x� z7Bil o � ¢ z F•> w z 0 v, rn co N N I 2 Y U) F Z W W Z W O cc Cl) Q W > LU Zo U J O U ~ a OCC U w 0 z D 0 J Z 0 LU Q O 2 a.a Ua C/)z Z Oa Ov Z� a LL >40 rn� a� o CU LU V/ Cl)� U� 0C U0 �+0 o� 20 4/5/2016 KWh Xr p0 z ao w NO�¢pU w 00ef) zwo�„U 3 /o, � z N I W z N ♦ W O O rn co N N I 2 Y F - z LU W O c� aW LU zU J O U F- CO a O CC U W 0 z O J a� E z O - i F X O UJm J d a. Ua Cl) Z OO FU z i J U 1 LL 4/5/2016 TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this day of , 20 , Between TOWN OF VAIL, a Colorado municipal corporation, whose mailing address is 75 S. Frontage Road Vail, CO 81657, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box 2150, Glenwood Springs, Colorado 81602, hereafter called "Holy Cross". WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called "Facilities", to serve a project known as Vail - 170 -Underpass TOV Conversion, hereinafter called "Project"; and, WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities; and, WHEREAS, Owner owns real property described as follows: A parcel of land situated in Section 12, Township 5 South, Range 81 West of the 6`h P.M., more particularly described at Reception Number 162272 in the office of the Eagle County Clerk and Recorder, Eagle, Colorado, hereinafter called "Property", which Property is the real property where the Project is being developed; and, WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to the Project described as follows: Colorado Department of Transportation U.S. Interstate 70 Right -Of -Way, hereinafter called "Adjacent Land". NOW, THEREFORE, Owner and Holy Cross agree as follows: Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross. a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications and Construction Specifications and such specifications are made a part hereof by reference. b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility easements. c. The top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the ground surface. d. A twelve -inch (12") minimum separation will be maintained between conduits installed for the Facilities and all other new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation from plastic gas lines shall be greater than this minimum wherever practicable. e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. f. If conduit and/or vault installation provided by Owner for the Project are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from conduit and/or vault installation being unusable or improperly constructed. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on the Project. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cross employee. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder by the Owner and/or work performed at the direction of the Owner. In the event Owner W/O#16-22239:51-56,59:Vail - 170 Underpass TOV Conversion: 2/12/16 16-22239 KassmelJV Page 1 of 3Revised 12118/15 4/5/2016 shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever Owner is a government or district it shall procure and maintain in effect at least S 1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross' request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two (2) years beginning on the date backfill and cleanup are completed. 6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed. 7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from Owner. 8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner's responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all times. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be the Owner's responsibility, at the Owner's sole cost, to correct the access and make it acceptable, as determined solely by Holy Cross. 11. If at any time in the future the Colorado Department of Transportation, or any governing body with jurisdiction, or any of their respective successors and assigns, requires the relocation of any of the said Facilities that have been installed within their respective road right-of-ways, such relocation shall be at the sole cost and expense of the Owner. 12. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances and liens of any character, except those held by the following: All those of Record. The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall be binding upon the successors in interest, and assigns, of the Property. W/O#16-22239:51-56,59:Vail - 170 Underpass TOV Conversion:2/12/16 16.22239 Kassmei JV Page 2 of 3 Revised 12/18/15 4/5/2016 The individual signing this Trench, Conduit and Vault Agreement hereby represents that they have full power and authority to sign, execute, and deliver this instrument. Holy Cross Energy, a Colorado corporation By David Bleakley, Senior Manager - Engineering Department STATE OF ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this WITNESS my hand and official seal. My commission expires: TOWN OF VAIL, a Colorado municipal corporation By: Title: day of _of TOWN OF VAIL, a Colorado municipal corporation. Address: Notary Public W/O#16-22239:51-56,59:Vail - 170 Underpass TOV Conversion:2/12/16 16-22239 Kassmei JV Page 3 of 3 12/18/15 Trench, Conduit and Vault Agreement Holy Cross Energy 20_, by Revised 4/5/2016 RESOLUTION NO. 12 Series 2016 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRCIT FOR THE REIMBURSEMENT OF VAIL GOLF COURSE CLUBHOUSE CONSTRUCTION COSTS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town and Vail Park and Recreation District (the "VRD") desire to enter into an Intergovernmental Agreement ("IGA") outlining the VRD's financial contribution to the Town's costs of construction related to the redevelopment of the Vail Golf Course Clubhouse; and WHEREAS, The Council's approval of Resolution No. 13, Series of 2016, is required to enter into an IGA. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 5t" day of March, 2016. Dave Chapin, Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 12. Series 2016 4/5/2016 INTERGOVERNMENTAL AGREEMENT VAIL GOLF COURSE CLUBHOUSE CONTRUCTION COSTS This Agreement (the "Agreement"), is made and entered into on the 1st day of January, 2015 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality (the "Town") and the VAIL PARK AND RECREATION DISTRICT (the "District"), a Colorado special district (each individually a "Party" and collectively the "Parties"). WHEREAS, The District and Town wish to document the District's financial contribution to the Town's costs of construction related to the redevelopment of the Vail Golf Course Clubhouse. NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby recognized, the Parties agree as follows: 1. Payment. The District hereby agrees to reimburse the Town for a portion of the Golf Course Clubhouse & Nordic Center redevelopment at the amount of one million one hundred sixty-five thousand dollars ($1,150,000.00) payable during the year of start of construction. 2. Miscellaneous. a. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. b. Integration. This Agreement represents the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. C. Waiver. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. d. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. e. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. f. No Third Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. 1 3/22/2016 VGC Reimbursement 4/5/2016 g. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties, and nothing contained in this Lease shall be construed as making the Parties joint venturers or partners. h. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town and its officials, representatives, attorneys and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. TOWN OF VAIL Stan Zemler, Town Manager ATTEST: Patty McKenny, Town Clerk VAIL PARK A D RECRE TI ISTRICT ATTEST: ' —(/ c N AEXez &,- V -T�/ A -e -i'0 (Z-- K Z K 3/22/2016 VGC Reimbursement 4/5/2016 RESOLUTION NO. 13 Series of 2016 A RESOLUTION APPROVING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE VAIL PARK AND RECREATION DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, on July 18, 2008, the Town and the Vail Park and Recreation District (the "VRD") entered into a lease (the "Lease") for certain areas within Ford Park (the "Ford Park Leased Premises"); WHEREAS, since entering into that Lease, capital improvements have been made as well as certain adjustments to the boundaries of the Ford Park Leased Premises; and WHEREAS, the Parties desire to amend the Lease pursuant to Section 19(a) of the Lease. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Lease Amendment and authorizes the Town Manager to enter into the Lease Amendment with the VRD, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5th day of April, 2016. Dave Chapin, Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 13, Series 2016 4/5/2016 EXHIBIT A AMENDMENT TO LEASE This AMENDMENT TO LEASE (the "Amendment"), is made and entered into on the day of , 2016 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality (the "Town") and the VAIL PARK AND RECREATION DISTRICT (the "District"), a Colorado special district (each individually a "Party" and collectively the "Parties"). WHEREAS, on July 18, 2008, the Parties entered into a lease (the "Lease") for certain areas of real property within the Town, including areas within Ford Park; WHEREAS, since entering into that Lease, adjustments have been made to the boundaries of the Ford Park Leased Premises; WHEREAS, since entering into that Lease, new buildings and other improvements have been added to Ford Park; and WHEREAS, the Parties desire to amend the Lease pursuant to Section 19(a) of the Lease to address the boundary adjustments and new buildings and other improvements in Ford Park. NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby recognized, the Parties agree as follows: 1. Section 2 of the Lease is hereby deleted in its entirety and replaced with the following new Section 2: 2. LEASED PREMISES. The Town hereby leases to the District and the District leases from the Town the real estate associated with, and all improvements located on, in or under, the facilities set forth below and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Leased Premises"): (a) John Dobson Ice Arena ("Dobson"); (b) The areas listed in Exhibit A-1 as the "Ford Park Leased Premises"; (c) Public Tennis Courts at Booth Creek; (d) Ford Park Athletic/Soccer Fields; Resolution No. 13, Series 2016 4/5/2016 (e) Community Resource Space/Imagination Station in the Lionshead Welcome Center; (f) Red Sandstone Athletic Field; (g) Donovan Athletic Fields; and (h) Golden Peak Racquet Courts. This Lease does not apply to the Golf Course or the Vail Gymnastics Center, which facilities are the subject of separate leases. 2. Section 3 of the Lease is hereby amended by the addition of a new subsection (c) to read as follows: (c) Conditional Use Permits and Rules. The District's use of the Leased Premises shall comply with the terms of any conditional use permit ("CUP") approved by the Town for the Leased Premises, as well as any rules adopted by the Town governing the use of the Leased Premises and the Vail Town Code. If there is a conflict between a CUP and this Lease, the CUP shall control. 3. The Lease is hereby amended by the addition of a new Section 20, to read as follows: 20. FORD PARK MAINTENANCE — SPECIAL PROVISIONS: (a) General. This Section 20 shall govern maintenance of Ford Park, in lieu of the maintenance provisions set forth in Section 8 of this Lease. The District shall be responsible for maintenance of the leased areas of Ford Park. (b) Interior Maintenance. Interior maintenance shall include without limitation the following: i. Ensuring all lights and doors are operating properly and repairing the same in a prompt manner, including replacing all light bulbs. ii. Replacing batteries in all smoke, fire and CO detectors, as needed, but at a minimum on a yearly basis. iii. Painting or staining the interior elements of the building as needed. iv. On a semi-annual basis at a minimum, ensuring that any scratches or dents in the paint or walls are properly repaired. Resolution No. 13, Series 2016 4/5/2016 iv. Repairing and maintaining floors and shampooing any carpets as needed and at a minimum on an annual basis and repairing and cleaning any marks in a prompt manner. V. Ensuring all bathroom facilities are operating properly and repairing the same in a prompt manner. vi. Providing janitorial service for regular and consistent cleaning of the facility; including daily or hourly services as needed. vii. If public restrooms are provided, ensuring that the restrooms are properly stocked with the necessary supplies. viii. Ensuring proper and regular trash disposal within the facility and trash removal from the facility. (c) Exterior Maintenance. i. Regularly maintaining and planting shrubs and perennial and annual flowers to prevent an unkempt appearance created by overgrown plant growth or invasive weeds, including general trimming of shrubs and ground cover to maintain a natural, characteristic shape. ii. Mowing grass regularly and at a frequency as to not remove more than 1/3 length of grass blades; while maintaining lawn grass at 2" in height or less, other than native grasses, which shall not exceed 36" in height. iii. Watering and fertilizing lawns and garden areas appropriately to prevent browning of grass and plants. iv. Keeping lawns and garden areas neat and free of weeds. V. Removing grass clippings from streets and sidewalks after mowing. vi. Edging grass periodically, and at least monthly during the growing season, to maintain a clean, trimmed edge. vii. Pruning trees to remove dead limbs and suckers, to maintain the general natural shape characteristic of the species, and to remove limbs that endanger property (i.e. fences, buildings). viii. Trimming tree branches over sidewalks to provide at least 10' in height clearance. ix. Replacing and repairing turf as needed. Resolution No. 13, Series 2016 4/5/2016 X. Clearing sidewalks of debris and snow at all times. xi. Maintaining irrigation systems year round, including winterization and blowing out of systems prior to freezing temperatures. xii. Cleaning exterior surfaces as needed, but at a minimum on a annual basis. xiii. Painting or staining the exterior of buildings as needed, ensuring that any scratches or dents in the walls are properly repaired. xiv. Maintaining and inspecting fences, gates and nets regularly and ensuring that fences and gates are closed. xv. Performing litter patrol on a daily basis. xvi. Using best management practices to ensure that all exterior maintenance activities have a minimal impact on the Gore Creek ecosystem. (d) Areas of Joint Maintenance. The District acknowledges that the Town leases other portions of Ford Park to third parties (the Vail Valley Foundation and the Betty Ford Alpine Gardens). The District shall share with those third parties the responsibility for maintaining the following areas: Historic Cottage; West Restrooms/Maintenance Building; Root Cellar; and Trash Building; all as shown on Exhibit A-1. (e) Maintenance Log. The District shall maintain a maintenance log of activities which satisfy its obligations under this Lease. (f) Annual Review. On an annual basis, the Town will meet with the District to discuss the maintenance and operation of Ford Park, compliance with this Agreement, any potential capital expenditures and projects and any other matters concerning Ford Park. (g) Capital Maintenance. The Town and the District shall be responsible for capital maintenance of Ford Park as set forth in Exhibit 113- 1. Capital maintenance is performed to extend the useful life of assets or replace assets, at intervals other than annually, and is of a significant value, including without limitation the following: i. Interior Capital Maintenance: system and system component and equipment replacements including mechanical, electrical, lighting, security and elevators; flooring replacement; replacement of structural components; and remodels of bathrooms, kitchens and locker rooms. Resolution No. 13, Series 2016 4/5/2016 ii. Exterior Capital Maintenance: roof replacement; window replacement; and replacement of walkways, bridges and parking lots. 4. If there is a conflict between this Amendment and the Lease, this Amendment shall control. 5. The Lease shall be amended to add Exhibit A-1 and Exhibit B-1. 6. All provisions of the Lease not expressly amended in this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. I 11611TA 01 KO7 LT/11I I Stan Zemler, Town Manager ATTEST: Patty McKenny, Town Clerk VAIL PARK AND RECREATION DISTRICT ATTEST: Resolution No. 13, Series 2016 4/5/2016 O 0 0 0 O r < D F— < < r m O Z D O < Fri m O 0 D F— Z m C) 7u m Z D G� Z O < D F— O D O D r / 0 O m O C) m r XD Ln O m� 0 /mz � m / n D D Z Z7 cn �o / r-� N� m �r / c ''' � m DZ m m D r (1) N C > --1c) Z1 a) D / z m m 0 r � 0 m m/ -Ti O DN /coo ;;o cno 0 O Z m r m co 0 I < O O — / Cr /Z; om Zvi lcxil co -0 m I \ O D >< cmN Z O � O `� I > r- 0 m 00 — D D / m � =� 2 m O 1 -u m m \� ►® O � N Y Z (-) O �\ O m Z > r c7 DC7 D DGS _ K:m co-vm \ -D OD X _ D C ;v C()1 0 m Z \ \ m M o z r G7 0� � ' �y> m\ �� m D m ® O / C)m m / �m D o m m / r m / 71 m m 1 p�J 0 o 611 620 15 'o DA TE CHECKED BY.' SE DRAWING NO.: 08— 472 /ease C /V) mco i / 2 ox OL700 D O m o I o O >D m z R. 0 </<Z V 2 G7 oo x'70 - 611 620 15 'o DA TE CHECKED BY.' SE DRAWING NO.: 08— 472 /ease F Z c') D SHEET I OF l ✓OB NO.: 2 ox OL700 -1m O m o I o =�C �D m z R. 0 c-< 00 ro D c ox 1 X G) mz 1 II c/) C:) X o I � V O Cc) r- 0 c) L O \ O y m ' L< U) Z>< C) D TI -< zmm Dr D D _ z o O m o Z cZ co D r r SE 611 620 15 DRA WN BY.• DA TE CHECKED BY.' SE DRAWING NO.: 08— 472 /ease 08-472 SHEET I OF l ✓OB NO.: 4/5/2016 L loll ONlllA 438 / d 39`dlllA IIVA EXHIBIT A- 1 FORD PARK - LEASE PARCELS TOWN OF VAIL EAGLE COUNTY, COLORADO CC)o c Z F z 0� Z Or D r r m m r 0 U) 0 m D r a THE WREN -9m D � C) -i R.;a m <cf) ;u --j OX O O C:\Users\Sam\Dropbox (Dropbox)\Share\Projects\GRS Logo.tif U) O m Z D r m N D m I T O m o I o ' . 1 D 14 oX ro D X 1 X G) 1 II ZE X I ` V O -9m D � C) -i R.;a m <cf) ;u --j OX O O C:\Users\Sam\Dropbox (Dropbox)\Share\Projects\GRS Logo.tif Exhibit B-1 Building/Improvement Capital Exterior Maintenance Capital Interior Maintenance Exterior Maintenance Interior Maintenance Tennis Center TOV TOV VRD VRD West Restroom TOV TOV TOV TOV West Maintenance TOV TOV VRD/BFAG VRD/BFAG Sports Central TOV TOV VRD VRD Trash Building TOV TOV VVF VVF Athletic Field Restroom Building TOV TOV VRD VRD School House TOV TOV BFAG BFAG Nature Center Building TOV TOV VRD VRD Root Cellar TOV TOV VRD VRD Historic Cottage TOV TOV VRD VRD BFAG Bridges BFAG BFAG BFAG BFAG BFAG Ponds and Fountains BFAG BFAG BFAG BFAG Tennis Courts TOV TOV VRD VRD Amphitheater VVF VVF VVF VVF Amphitheater Courtyard VVF VVF VVF VVF BFAG Education Center BFAG BFAG BFAG BFAG 4/5/2016 RESOLUTION NO. 14 Series of 2016 A RESOLUTION APPROVING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE VAIL VALLEY FOUNDATION; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, on August 18, 2000, the Town and the Vail Valley Foundation (the "VVF) entered into a lease (the "Lease") for certain areas within Ford Park (the "Leased Premises"); WHEREAS, significant capital improvements were added to the Leased Premises in 2014; WHEREAS, certain adjustments and corrections need to be made to the boundaries of the Leased Premises; and WHEREAS, the Parties desire to enter into the Lease Amendment pursuant to Section 21 of the Lease. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Lease Amendment and authorizes the Town Manager to enter into the Lease Amendment with VVF, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5t" day of April, 2016. Dave Chapin, Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 14, Series 2016 4/5/2016 FXI-IIRIT O AMENDMENT TO LEASE This AMENDMENT TO LEASE (the "Amendment") is made and entered into on the day of , 2016 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality (the "Town"), and the VAIL VALLEY FOUNDATION (the "Foundation"), a Colorado nonprofit corporation (each individually a "Party" and collectively the "Parties"). WHEREAS, on August 18, 2000, the Town and the Foundation entered into a lease (the "Lease") for certain areas within Ford Park (the "Leased Premises"); WHEREAS, on July 1, 2007, the Lease term was extended to May 31, 2038; WHEREAS, significant capital improvements were added to the Leased Premises in 2014; WHEREAS, certain adjustments and corrections need to be made to the boundaries of the Leased Premises; and WHEREAS, the Parties desire to amend the Lease pursuant to Section 21 of the Lease. NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby recognized, the Parties agree as follows: 1. Exhibit A-1, attached hereto and incorporated herein by this reference, shall replace the Exhibit A originally attached to the Lease. 2. Section 19 of the Lease is deleted in its entirety and replaced with the following new Section 19: 19. General Maintenance. The Town and the Foundation shall be responsible for general maintenance of Ford Park as set forth in Exhibit B-1, attached hereto and incorporated herein by this reference. General maintenance shall include without limitation the following: A) Interior Maintenance: i. Ensuring all lights and doors are operating properly and repairing the same in a prompt manner, including replacing all light bulbs. Resolution No. 14, Series 2016 4/5/2016 ii. Replacing batteries in all smoke, fire and CO detectors, as needed, but at a minimum on a yearly basis. iii. Painting the interior of the building as needed, ensuring that any scratches or dents in the paint or walls are properly repaired. iv. Repairing and maintaining floors and shampooing any carpets as needed and repairing and cleaning any marks in a prompt manner. V. Ensuring that all bathroom facilities are operating properly and repairing the same in a prompt manner. vi. Providing janitorial service for regular and consistent cleaning of the facility; including daily or hourly services as needed. vii. If public restrooms are a service being provided, ensuring the restrooms are properly stocked with the necessary supplies. viii. Ensuring proper and regular trash disposal within the facility and trash removal from the facility. B) Exterior Maintenance: i. Regularly maintaining and planting shrubs and perennial and annual flowers to prevent an unkempt appearance created by overgrown plant growth or invasive weeds, including general trimming of shrubs and ground cover to maintain a natural, characteristic shape. ii. Mowing grass regularly and at a frequency as to not remove more than 1/3 length of grass blades. iii. Maintaining lawn grass at 2" in height or less, other than native grasses, which shall not exceed 36" in height. iv. Watering and fertilizing lawns and garden areas appropriately to prevent browning of grass and plants. V. Keeping lawns and garden areas neat and free of weeds. Resolution No. 14, Series 2016 4/5/2016 vi. Removing grass clippings from streets and sidewalks after mowing. vii. Edging grass periodically, and at least monthly during the growing season, to maintain a clean, trimmed edge. viii. Pruning trees to remove dead limbs and suckers, to maintain the general natural shape characteristic of the species, and to remove limbs that endanger property (i.e. fences, buildings). ix. Trimming tree branches over sidewalks to at least 10' in height. X. Replacing and repairing turf as needed. xi. Clearing sidewalks of debris and snow within each Leased Premises as set forth in Exhibit A-1 as necessary. xii. Maintaining irrigation systems year round, including winterization and blowing out of systems prior to freezing temperatures. xiii. Washing exterior surfaces as required. xiv. Repairing and repainting exterior painted surfaces as needed, ensuring that any scratches or dents in the paint or walls are properly repaired. xv. Maintaining and inspecting fences and gates regularly and ensuring fences and gates are closed. xvi. Performing litter patrol on a daily basis. xvii. Using best management practices to ensure that all exterior maintenance activities have a minimal impact on the Gore Creek ecosystem. C) Areas of Joint Responsibility. At the time of execution of this Amendment, the Town leases other portions of Ford Park to third parties, Vail Recreation District and Betty Ford Alpine Gardens. The Foundation shall share in the responsibility for maintaining the following area in accordance with this Amendment with those third parties: the Trash Building, as shown on Exhibit A-1. Resolution No. 14, Series 2016 4/5/2016 3. A new Section 28 is added to the Lease, to read as follows: 28. Capital Maintenance Responsibilities. The Town and the Lessee Parties shall be responsible for capital maintenance of Ford Park as set forth in Exhibit B-1. Capital maintenance is performed to extend the useful life of assets or replace assets, at intervals other than annually, and is of a significant value, including without limitation the following: A) Interior Capital Maintenance: system and system component and equipment replacements including mechanical, electrical, lighting, security and elevators; flooring replacement; replacement of structural components; and remodels of bathrooms, kitchens and locker rooms. B) Exterior Capital Maintenance: roof replacement; window replacement; and replacement of walkways, bridges and parking lots. 4. A new Section 29 is added to the Lease, to read as follows: 29. Conditional Use Permits and Rules. The Foundation's use of the Leased Premises shall comply with the terms of any conditional use permit ("CUP") approved by the Town for the Leased Premises, as well as any rules adopted by the Town governing the use of the Leased Premises and the Vail Town Code. If there is a conflict between a CUP and this Lease, the CUP shall control. 5. If there is a conflict between the Lease and this Amendment, this Amendment shall control. 6. All provisions of the Lease not expressly amended in this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Town and the Foundation have executed this Amendment as of the date first set forth above. II 1161TA ki [s7 Z%1 to Stan Zemler, Town Manager ATTEST: Patty McKenny, Town Clerk VAIL VALLEY FOUNDATION Title: Resolution No. 14, Series 2016 4/5/2016 O 0 0 0 O r < D F— < < r m O Z D O < Fri m O 0 D F— Z m C) 7u m Z D G� Z O < D F— O D O D r / 0 O m O C) m r XD Ln O m� 0 /mz � m / n D D Z Z7 cn �o / r-� N� m �r / c ''' � m DZ m m D r (1) N C > --1c) Z1 a) D / z m m 0 r � 0 m m/ -Ti O DN /coo ;;o cno 0 O Z m r m co 0 I < O O — / Cr /Z; om Zvi lcxil co -0 m I \ O D >< cmN Z O � O `� I > r- 0 m 00 — D D / m � =� 2 m O 1 -u m m \� ►® O � N Y Z (-) O �\ O m Z > r c7 DC7 D DGS _ K:m co-vm \ -D OD X _ D C ;v C()1 0 m Z \ \ m M o z r G7 0� � ' �y> m\ �� m D m ® O / C)m m / �m D o m m / r m / 71 m m 1 p�J 0 o 611 620 15 'o DA TE CHECKED BY.' SE DRAWING NO.: 08— 472 /ease C /V) mco i / 2 ox OL700 D O m o I o O >D m z R. 0 </<Z V 2 G7 oo x'70 - 611 620 15 'o DA TE CHECKED BY.' SE DRAWING NO.: 08— 472 /ease F Z c') D SHEET I OF l ✓OB NO.: 2 ox OL700 -1m O m o I o =�C �D m z R. 0 c-< 00 ro D c ox 1 X G) mz 1 II c/) C:) X o I � V O Cc) r- 0 c) L O \ O y m ' L< U) Z>< C) D TI -< zmm Dr D D _ z o O m o Z cZ co D r r SE 611 620 15 DRA WN BY.• DA TE CHECKED BY.' SE DRAWING NO.: 08— 472 /ease 08-472 SHEET I OF l ✓OB NO.: 4/5/2016 L loll ONlllA 438 / d 39`dlllA IIVA EXHIBIT A- 1 FORD PARK - LEASE PARCELS TOWN OF VAIL EAGLE COUNTY, COLORADO CC)o c Z F z 0� Z Or D r r m m r 0 U) 0 m D r a THE WREN -9m D � C) -i R.;a m <cf) ;u --j OX O O C:\Users\Sam\Dropbox (Dropbox)\Share\Projects\GRS Logo.tif U) O m Z D r m N D m I T O m o I o ' . 1 D 14 oX ro D X 1 X G) 1 II ZE X I ` V O -9m D � C) -i R.;a m <cf) ;u --j OX O O C:\Users\Sam\Dropbox (Dropbox)\Share\Projects\GRS Logo.tif Exhibit B-1 Building/Improvement Capital Exterior Maintenance Capital Interior Maintenance Exterior Maintenance Interior Maintenance Tennis Center TOV TOV VRD VRD West Restroom TOV TOV TOV TOV West Maintenance TOV TOV VRD/BFAG VRD/BFAG Sports Central TOV TOV VRD VRD Trash Building TOV TOV VVF VVF Athletic Field Restroom Building TOV TOV VRD VRD School House TOV TOV BFAG BFAG Nature Center Building TOV TOV VRD VRD Root Cellar TOV TOV VRD VRD Historic Cottage TOV TOV VRD VRD BFAG Bridges BFAG BFAG BFAG BFAG BFAG Ponds and Fountains BFAG BFAG BFAG BFAG Tennis Courts TOV TOV VRD VRD Amphitheater VVF VVF VVF VVF Amphitheater Courtyard VVF VVF VVF VVF BFAG Education Center BFAG BFAG BFAG BFAG 4/5/2016 RESOLUTION NO. 15 Series of 2016 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL AND BETTY FORD ALPINE GARDENS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, on May 22, 1997, the Town and the Vail Alpine Garden Foundation originally entered into to lease for the alpine garden located within Ford Park and the Town granted the Vail Alpine Garden Foundation a license for the alpine garden display within the Gerald R. Ford Amphitheater ("Leased Premises"); WHEREAS, the Vail Alpine Garden Foundation has changed its name to Betty Ford Alpine Gardens; and WHEREAS, to reflect the changes in the boundaries of the Leased Premises, as well as the change in name of the Alpine Garden, the Parties wish to terminate the prior lease and enter into a new lease. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Lease and authorizes the Town Manager to enter into the Lease with Betty Ford Alpine Gardens, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5th day of April, 2016. Dave Chapin, Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 15, Series 2016 4/5/2016 EXHIBIT A BETTY FORD ALPINE GARDENS LEASE THIS BETTY FORD ALPINE GARDENS LEASE (the "Lease") is made and entered into as of the day of , 2016 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality (the "Town"), and the BETTY FORD ALPINE GARDENS, a Colorado nonprofit corporation ("BFAG") (each individually a "Party" and collectively the "Parties"). WHEREAS, on May 22, 1997, the Town and the Vail Alpine Garden Foundation originally entered into to lease for the alpine garden located within Ford Park and the Town granted the Vail Alpine Garden Foundation a license for the alpine garden display within the Gerald R. Ford Amphitheater; WHEREAS, since that time, the Vail Alpine Garden Foundation changed its name to Betty Ford Alpine Gardens; WHEREAS, the term of the original lease extends to May 30, 2046; WHEREAS, to reflect the changes in the boundaries of the Leased Premises, as well as the change in name of BFAG and the construction of the Betty Ford Alpine Gardens Education Center, the Parties wish to terminate the prior lease and enter into a new lease; WHEREAS, the Town desires to cooperate with BFAG and encourage BFAG to undertake projects which will benefit the citizens of and visitors to the Town; and WHEREAS, the Parties agree to work together and to cooperate in a reasonable manner to effectuate the terms of this Lease. NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby recognized, the Parties agree as follows: 1. Termination of Prior Lease. The lease and license between the Town and the Vail Alpine Garden Foundation dated May 22, 1997 is hereby terminated and replaced with this Lease. 2. Leased Premises. Pursuant to the provisions of this Lease, the Town hereby leases to BFAG the real property and any improvements designated as leased to BFAG on Exhibit A-1, attached hereto and incorporated herein by this reference. 3. Licensed Premises. The Town hereby grants to BFAG a non-exclusive license for the sole purpose of using the three southern bays of the West Maintenance Building for operations of BFAG. Resolution No. 15, Series 2016 4/5/2016 4. Term. a. Unless sooner terminated as provided herein, the term of this Lease shall be 50 years from the Effective Date. b. Upon expiration or termination of this Lease, BFAG's right to use the Leased Premises and the Licensed Premises and all improvements thereon shall cease. 5. Breach. a. If BFAG fails to perform any of its obligations under this Lease, the Town shall provide BFAG with written notice of the breach. BFAG shall have 15 days after the date of the notice to cure the breach. If a longer period is reasonably required to cure the breach and the cure is promptly begun, such cure period shall be extended for as long as the cure is being diligently undertaken to completion, as determined by the Town. b. If BFAG fails to cure the breach within 15 days after the date of the notice or a cure is not diligently being undertaken, the Town may, in its sole discretion, cure the breach after a reasonable attempt to schedule the cure around BFAG's schedule. If the Town chooses to cure the breach, BFAG shall be liable for the costs and fees that the Town expends to cure the breach, including any costs resulting from the work of Town employees. BFAG's liability for costs and fees associated with curing a breach shall survive the termination of this Lease. C. In addition to curing a breach by BFAG, the Town may, in its sole discretion, terminate this Lease as a result of BFAG's failure to cure the breach; provided that such termination shall be approved by the Vail Town Council at a public meeting where public comment is permitted on the issue. If the Town chooses to terminate this Lease under this subsection, it shall give BFAG 30 days' written notice. 6. Net Lease. This Lease shall be a net lease, and throughout the Term, all payments and other obligations or liabilities of any kind regarding the Leased Premises or the Licensed Premises shall be solely the responsibility of BFAG and not the responsibility of the Town. 7. Utilities. During the term of this Lease, BFAG shall be solely responsible for payment of all utilities related to its use of the Leased Premises and the Licensed Premises. Notwithstanding the foregoing, the Town shall be responsible for the cost of providing water to the plantings on the Leased Premises, but not the cost of water to the Alpine Gardens Education Center, as long as the water usage for the plantings is consistent with historical use. 8. General Maintenance. BFAG shall be responsible for all maintenance of the Leased and Licensed Premises, including without limitation the following: Resolution No. 15, Series 2016 4/5/2016 a. Interior Maintenance. i. Ensuring all lights and doors are operating properly and repairing the same in a prompt manner, including replacing all light bulbs. ii. Replacing batteries in all smoke, fire and CO detectors, as needed, but at a minimum on a yearly basis. iii. Painting or staining the interior elements of the building as needed, and ensuring that any scratches or dents in the paint or walls are properly repaired. iv. Repairing and maintaining floors and shampooing any carpets as needed and repairing and cleaning any marks in a prompt manner. V. Ensuring that all restroom facilities are operating properly and properly stocked with the necessary supplies, and repairing the same in a prompt manner. vi. Providing regular and consistent cleaning of the facility; including daily or hourly services as needed. vii. Ensuring proper and regular trash disposal within the facility and trash removal from the facility. b. Exterior Maintenance. i. Maintaining plantings, irrigation systems, water features, interpretive elements, structures and other improvements to a level of quality consistent with that of an internationally recognized botanical garden in a resort community. ii. Cleaning exterior surfaces as needed. iii. Painting or staining the exterior of buildings as needed, and ensuring that any scratches or dents in the walls are properly repaired. iv. Maintaining and inspecting fences and gates regularly. V. Clearing litter from the Leased Premises on a daily basis. vi. Using best management practices to ensure that all exterior maintenance activities have a minimal impact on the Gore Creek ecosystem. C. Areas of Joint Responsibility. BFAG acknowledges that the Town leases other portions of Ford Park to third parties (the Vail Valley Foundation and Resolution No. 15, Series 2016 4/5/2016 the Vail Recreation District). BFAG shall share with those third parties the responsibility for maintaining the following areas: the Trash Building, and the West Restrooms/ Maintenance Building all as shown on Exhibit A-1. BFAG shall share with the Town the responsibility for maintaining the School House, as shown on Exhibit A-1. d. Annual Review. On an annual basis, the Town will meet with BFAG to discuss the maintenance and operation of the Leased Premises, compliance with this Agreement, any potential capital expenditures and projects and any other matters concerning Ford Park. 9. Capital Maintenance. a. The Town and BFAG shall be responsible for capital maintenance as set forth in Exhibit B-1. Capital maintenance is performed to extend the useful life of assets or replace assets, at intervals other than annually, and is of a significant value, including without limitation the following: i. Interior Capital Maintenance: system and system component and equipment replacements including mechanical, electrical, lighting, security and elevators; flooring replacement; replacement of structural components; and remodels of bathrooms, kitchens and locker rooms. ii. Exterior Capital Maintenance: roof replacement; window replacement; and replacement of walkways, bridges and parking lots. b. BFAG shall maintain a log of capital maintenance activities which satisfy its obligations under this Lease. C. In its maintenance activities, the Town shall use its best efforts to avoid interference with BFAG's use of the Leased Premises and the Licensed Premises, and shall restore any part of the Leased Premises or Licensed Premises damaged by the Town during such activities. 10. Payment of Taxes and Fees. During the term of this Lease, BFAG shall promptly pay all taxes, assessments, water and sewer rates and charges, charges and fees for public utilities, licenses and permit fees, and other government charges that may be assessed on the Leased Premises or the Licensed Premises during the term of this Lease. BFAG shall pay all such taxes and fees prior to the assessment of any fine, penalty, interest or cost that may be added, become due, or be imposed for nonpayment. 11. No Lien. BFAG agrees that it will not permit or suffer to be filed or claimed against the interest of the Town in the Leased Premises or the Licensed Premises any lien or claim of any kind during the terms of this Lease; if such lien or claim is filed, BFAG, within 30 days after receipt of notice of such lien or claim, Resolution No. 15, Series 2016 4/5/2016 shall cause the lien to be released by payment, by posting a bond or by other legal action. 12. Use of Premises. a. BFAG shall use the Leased Premises or the Licensed Premises for construction, maintenance and operation of the alpine gardens and education center. b. Any expansion of the size of the gardens must be approved in writing by the Town. C. The use of the Leased Premises and the Licensed Premises shall comply with the terms of any conditional use permit ("CUP") approved by the Town for the Leased Premises and the Licensed Premises, as well as any rules adopted by the Town governing the use of the Leased Premises or the Licensed Premises, and the Vail Town Code. If there is a conflict between a CUP and this Lease, the CUP shall control. d. BFAG shall keep the Leased Premises and the Licensed Premises, other than secure areas, open to the public as required by the current operations plan approved with the conditional use permit for the Leased Premises and the Licensed Premises. 13. Storage. No materials, equipment or barriers shall be stored in storage areas which are not screened from view, except on a temporary basis with prior written approval from the Town. 14. Trash. BFAG is responsible for trash removal associated with its activities under this Lease, at its own cost. 15. Existing Conditions. As of the Effective Date, BFAG has inspected the physical condition of the Property and receives the Leased Premises and the Licensed Premises in "as is" condition, with all faults. The Town makes no representations or warranties with respect to the condition of the Leased Premises or the Licensed Premises or their fitness or availability for any particular use, and the Town shall not be liable to BFAG for any latent or patent defects. 16. Improvements. BFAG may construct improvements on the Leased Premises in compliance with all applicable conditional use permits and requirements of the Vail Town Code. At the expiration or termination of this Lease, all improvements shall become the property of the Town except for the plantings, which may be removed by BFAG in its sole discretion. 17. Hazardous Materials. Resolution No. 15, Series 2016 4/5/2016 a. Though the Town has no actual knowledge of the presence of any hazardous materials or other adverse environmental conditions on the Leased Premises or the Licensed Premises, the Town makes no warranty regarding such materials or conditions. b. BFAG shall keep and maintain the Leased Premises and the Licensed Premises in compliance with, and shall not cause or permit the Leased Premises or the Licensed Premises to be in violation of, any federal, state, or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions ("Hazardous Materials Laws") on, under, about, or affecting the Property. BFAG shall not use, generate, manufacture, store, or dispose of on, under or about the Leased Premises or the Licensed Premises or transport to or from the Leased Premises or the Licensed Premises any flammable explosives, radioactive materials, hazardous wastes, asbestos, lead- based paints, toxic substances, or related materials, including without limitation any substances defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, or toxic substances under any applicable federal or state laws or regulations. 18. Board Member. The Town is entitled to appoint a representative to the BFAG Board of Directors, to assist in planning events and uses of the Leased Premises and the and Licensed Premises. Such member may be a voting member or a non-voting member, at the discretion of the Board of Directors. 19. Financial Statements. Upon request of the Town, BFAG shall provide the Town with a copy of its annual financial statement, including balance sheets, profit/loss statements and earmarked endowment funds. 20. Insurance. At all times during the term of this Lease, BFAG, at its own cost, shall carry and maintain adequate insurance policies to insure against all liability, claims, demands and other obligations associated with this Lease. At a minimum, BFAG shall procure and maintain the following insurance coverages listed below, with forms and insurers acceptable to the Town: a. Workers' Compensation coverage as required by law. b. Fire and Extended Loss coverage for all improvements on the Leased Premises, in an amount equal to 100% of the replacement cost of such improvements, naming the Town as an additional insured. C. The following coverages in minimum amounts of $1,000,000 for each occurrence and $1,000,000 general aggregate: i. General Liability coverage applicable to the Leased Premises and the Licensed Premises, including bodily injury, broad form property damage, personal injury, blanket contractual, products and completed operations, naming the Town as an additional insured. Resolution No. 15, Series 2016 4/5/2016 ii. Comprehensive Automobile Liability coverage for the owned, hired or non -owned vehicles used in the performance of this Lease, naming the Town as an additional insured. iii. Liquor liability coverage if the Alpine Garden has or obtains a liquor license to serve wine, beer, or intoxicating liquors on the Leased Premises or Licensed Premises, naming the Town as an additional insured. 21. Indemnification. BFAG shall indemnify and hold the Town, its agents, servants and employees, harmless from and against any and all liability, loss, damages, costs and expenses, including reasonable attorney fees and costs of investigating any such matters, suffered or sustained by any person on or about the Leased Premises or the Licensed Premises or arising out of any act, error, omission or negligence in the operation, maintenance or use of the Leased Premises or the Licensed Premises by BFAG, its agents, officers, directors and employees, or of any occupant, subtenant, visitor or user of any portion of the Leased Premises, or any condition of the Leased Premises or Licensed Premises; provided that this indemnity shall not extend to damages resulting solely from the negligence or willful misconduct of the Town, its agents, officers, directors or employees, or damages resulting solely from the negligence or willful misconduct of the Town's invitees or licensees on the adjacent property. This Section shall survive termination of this Agreement. 22. Right of Entry. The Town reserves the right to enter the Leased Premises or Licensed Premises to ensure compliance with this Lease. The Town shall endeavor to provide reasonable advance notice of such entry, except in the case of emergency. 23. Notice. Any notice to be sent to the Parties pursuant to the terms of this Agreement shall be considered made the day it is mailed via certified or registered mail to the following addresses: Trnnin of \/aiI Town Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Resolution No. 15, Series 2016 BFAG: Executive Director Betty Ford Alpine Gardens 183 Gore Creek Drive Vail, CO 81657 4/5/2016 24. Quiet Enjoyment. Upon the performance of all terms of this Lease, BFAG shall at all times peaceably possess and enjoy the Leased Premises and Licensed Premises without unnecessary disturbance from the Town. In furtherance of this covenant, the Town will make reasonable efforts to limit disturbances by Town -controlled construction activities occurring near the Leased Premises and the Licensed Premises, and shall promptly repair any damage caused to the Leased Premises or the Licensed Premises by such activities. 25. Miscellaneous. a. No Assignment. This Lease and BFAG's obligations under this Lease shall not be assignable without the prior written approval of the Town. b. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of the Town under this Lease is specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Lease shall never constitute a debt or obligation of the Town under any statutory or constitutional provision. C. Severability. If any provision of this Lease is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. d. Integration. This Lease represents the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. e. Waiver. No provision of this Lease may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. f. Modification. This Lease may only be modified by subsequent written agreement of the Parties. g. Governing Law and Venue. This Lease shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. h. No Third Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Lease in any respect. i. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties, and nothing contained in this Lease shall be construed as making the Parties joint venturers or partners. Resolution No. 15, Series 2016 4/5/2016 j. Binding Agreement. This Lease shall be binding upon the respective Parties, their successors or assigns. k. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town and its officials, representatives, attorneys and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. IN WITNESS WHEREOF, the Parties have executed this Lease as of the date first set forth above. TOWN OF VAIL Stan Zemler, Town Manager ATTEST: Patty McKenny, Town Clerk Resolution No. 15, Series 2016 4/5/2016 STATE OF COLORADO ) ss. COUNTY OF BETTY FORD ALPINE GARDENS The foregoing instrument was acknowledged before me this day of March, 2016, by as of Betty Ford Alpine Gardens, a Colorado nonprofit corporation. My commission expires: Notary Resolution No. 15, Series 2016 4/5/2016 O 0 0 0 O r < D F— < < r m O Z D O < Fri m O 0 D F— Z m C) 7u m Z D G� Z O < D F— O D O D r / 0 O m O C) m r XD Ln O m� 0 /mz � m / n D D Z Z7 cn �o / r-� N� m �r / c ''' � m DZ m m D r (1) N C > --1c) Z1 a) D / z m m 0 r � 0 m m/ -Ti O DN /coo ;;o cno 0 O Z m r m co 0 I < O O — / Cr /Z; om Zvi lcxil co -0 m I \ O D >< cmN Z O � O `� I > r- 0 m 00 — D D / m � =� 2 m O 1 -u m m \� ►® O � N Y Z (-) O �\ O m Z > r c7 DC7 D DGS _ K:m co-vm \ -D OD X _ D C ;v C()1 0 m Z \ \ m M o z r G7 0� � ' �y> m\ �� m D m ® O / C)m m / �m D o m m / r m / 71 m m 1 p�J 0 o 611 620 15 'o DA TE CHECKED BY.' SE DRAWING NO.: 08— 472 /ease C /V) mco i / 2 ox OL700 D O m o I o O >D m z R. 0 </<Z V 2 G7 oo x'70 - 611 620 15 'o DA TE CHECKED BY.' SE DRAWING NO.: 08— 472 /ease F Z c') D SHEET I OF l ✓OB NO.: 2 ox OL700 -1m O m o I o =�C �D m z R. 0 c-< 00 ro D c ox 1 X G) mz 1 II c/) C:) X o I � V O Cc) r- 0 c) L O \ O y m ' L< U) Z>< C) D TI -< zmm Dr D D _ z o O m o Z cZ co D r r SE 611 620 15 DRA WN BY.• DA TE CHECKED BY.' SE DRAWING NO.: 08— 472 /ease 08-472 SHEET I OF l ✓OB NO.: 4/5/2016 L loll ONlllA 438 / d 39`dlllA IIVA EXHIBIT A- 1 FORD PARK - LEASE PARCELS TOWN OF VAIL EAGLE COUNTY, COLORADO CC)o c Z F z 0� Z Or D r r m m r 0 U) 0 m D r a THE WREN -9m D � C) -i R.;a m <cf) ;u --j OX O O C:\Users\Sam\Dropbox (Dropbox)\Share\Projects\GRS Logo.tif U) O m Z D r m N D m I T O m o I o ' . 1 D 14 oX ro D X 1 X G) 1 II ZE X I ` V O -9m D � C) -i R.;a m <cf) ;u --j OX O O C:\Users\Sam\Dropbox (Dropbox)\Share\Projects\GRS Logo.tif Exhibit B-1 Building/Improvement Capital Exterior Maintenance Capital Interior Maintenance Exterior Maintenance Interior Maintenance Tennis Center TOV TOV VRD VRD West Restroom TOV TOV TOV TOV West Maintenance TOV TOV VRD/BFAG VRD/BFAG Sports Central TOV TOV VRD VRD Trash Building TOV TOV VVF VVF Athletic Field Restroom Building TOV TOV VRD VRD School House TOV TOV BFAG BFAG Nature Center Building TOV TOV VRD VRD Root Cellar TOV TOV VRD VRD Historic Cottage TOV TOV VRD VRD BFAG Bridges BFAG BFAG BFAG BFAG BFAG Ponds and Fountains BFAG BFAG BFAG BFAG Tennis Courts TOV TOV VRD VRD Amphitheater VVF VVF VVF VVF Amphitheater Courtyard VVF VVF VVF VVF BFAG Education Center BFAG BFAG BFAG BFAG 4/5/2016 Tnwx OF vn' ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Town Manager's Report 1) Update on Council Action Plan 2015-17 2) Bald Mountain Berm Update 3) Ski Season Extension PRESENTER(S): Stan Zemler, Town Manager ATTACHMENTS: Memo Council Action Plan 2015-17 Bald Mountain Berm Memorandum 4/5/2016 W 1I I 0) VAIL 1 Memorandum To: From: Date: Subject: Mayor and Town Council Stan Zemler, Town Manager April 5, 2016 Updated Council Action Plan 2015-17 SUMMARY The updated Vail Town Council Action Plan for 2015-2017 is attached for further review and approval. PURPOSE The Town Council Action Plan 2015 -17 is a guiding document that represents the priorities identified by the Town of Vail leadership extending to the next election in 2017. The plan will be used by the council and staff to communicate the direction and priorities established by the current council. As such, this document will be updated as needed and distributed to Vail's boards, commissions and community members to document key areas of focus and initiatives the town is undertaking to accomplish the stated goals. BACKGROUND The newly elected Town Council met last December to review the current 2014-2016 Council Action Plan developed by the previous Town Council. During the retreat, there was a discussion about the vision and mission statements as well as a review of the three focus areas: 1) enhance economic vitality, 2) grow a balanced community, and 3) elevate the quality of the experience. There was consensus to continue using the vision statement "to be the premier international mountain resort". And there was consensus to include additional language to the mission statement that placed a focus on being "stewards of our environment." The revised mission statement reads as follows: "grow a vibrant, diverse economy and community and preserve our surrounding natural environment, providing our citizens and guests with exceptional services and an abundance of premier recreational, cultural and educational opportunities". It was agreed the three current focus areas provided excellent context for identifying future initiatives as well. The action plan summary document describes the goals in each focus area, the priorities identified during the Town Council retreat, and also provides for an explanation of the tactics which have been identified in each focus area 4/5/2016 The document has been created to more fully communicate to all Town of Vail stakeholders the priorities of this Town Council. IV. ACTION REQUESTED It is requested that Council vote to approve or approve with modifications the following items: • Mission and Vision Statements • Goals and Priorities • Action Plan for 2015-17 V. NEXT STEPS Staff will develop timelines and budgets for Council review in 2nd quarter 2016. ATTACHMENTS ✓ Council Action Plan 2015-17 Town of Vail Page 2 4/5/2016 Ak 4440* Li IMMM T7 T Qu A nor all ■ r I y •� i ''t K ', OUR MISSION ti r � � � •rl r .1•. •1 • ' X � R • � n 11 _ r J� 1 + 1 • � r•ti _ 1 ' i • 7 R ... .7 • Grow a vibrant, diverse econo-nunity and preserve our surrounding nat nvironment, providing our citizens and guests with exceptional services and an abundance of premier recreational, cultural and educational opportunities. Cooy /To be the PREMIER international° mountain resort community elevate the EXPERIENCE AV r _ •� ti� . _ 1 t X L r _ •� r , %• • + , I � . tih � v Ar. + 7 .1 1 U fir- - . • �,,� . 7:� •t� •- Ile rL ti —1+ - _ F1 r %.:A •J +5 • ZI .0 • + _ ir �~ r• • 1 —+—.1r1 6•`— t rt tiT 4/5/2016--7;L- �rr - '' It + 'rTI r �' 1 Irk■ �'• ' r til . • AIL I COMMUNITY GOALS A Engage our community in honoring our social, recreational, cultural, educational and environmental values that will guide sustainable strategies throughout our neighborhoods as the foundation of our town's continued success. • Balanced community composition • Civic area enhancements • Regional opportunities supporting community living and amenities • Educational enrichments with Red Sandstone Elementary School • Informed community TACTICS • Define "balanced community" composition that also includes discussions about the future of West Vail. • Explore the idea of creating a "civic area" using municipal owned properties that would serve the community with government, cultural and recreational services. • Enhance community living and amenities by exploring regional opportunities for housing and recreation. • Expand opportunities for Red Sandstone Elementary School with the school district's future planning effort. • Engage community on civic topics that help the exchange of ideas, information and feedback between municipal sources and all factions of the community. 04 vailgov.com I* *A& al I&,% TOWN COUNCIL PRIORITIES • Civic engagement • Balance regulations • Define balanced community • Red Sandstone Elementary School - Plans for the future • Chamonix Housing Project • Housing Strategic Plan Update • Regional Cooperation and Opportunities • Land Analysis / Housing Opportunities • Civic Area Plan • West Vail Plan 4/5/2016 ►k1 t l iIG EiRWS .._ alt t ECONOMY GOALS $ Preserve our vibrant and diverse economy that keeps Vail at the forefront of our resort competitors. • Long range strategic plans to enhance competitiveness of the Town of Vail • Create community spaces that support iconic events as well as arts, cultural, culinary and local community programming • Collaborate with Vail Resorts on resort programming and municipal services 4 TACTICS • Prepare long range financial plans that support the mission and vision for the community. • Continue reviewing current and emerging trends and working with local business community stakeholders that will help formulate future decisions supporting a competitive and diverse resort economy. • Study opportunities for Multi Use Facility that would support the many demands for a venue space by the public, private and non profit sectors, including a space that would be available for current special events hosted in the community. • Coordinate with Vail Resorts the implementation of Epic Discovery in an effort to understand impacts, benefits and required municipal services. I TOWN COUNCIL PRIORITIES • Current and emerging trends • Study Opportunities for Multi Use Facility • Tax Increment Financing (TIF) Plan • Leverage Epic Discovery impacts proactively • Best Practices Peer Resorts 05 EXPERIENCE GOALS r� Deliver on the promise, "Vail. Like nothing on earth" that also supports "preserving our earth," in everything we do. • Excellent municipal services • Convenient, efficient and safe parking and transportation venues • Strategic implementation of environmental programs • Competitive technology • World class recreational amenities and stewardship of our natural environment • Focus on the "Vail Way" of doing things 06 vailgov.com commu 5 elevate the EXPERIENCE w P,OylN OF TOWN COUNCIL PRIORITIES • Gore Creek Plan oAFTHECOnE���`P • Trails Plan • Update Strategic Environmental Plan • Technology Strategic Plan • Update Transportation Master Plan • Vail Nature Center Plan • Parking and Pedestrian Enhancement Plan • Embrace Shared Economy • Plan for Vail Resorts Funding of $4.3 M for Parking • Managed Parking Long Term Plan • Focus on Arts • Iconic Events • Wildfire Management • Safety / Evacuation Plans • Municipal Services • Professional workforce "Vail Way" 4/5/2016 W TACTICS • Enhance municipal services with a review of community survey input and continue to provide an excellent level of service that meets the "Vail Standards" and protects the public safety and welfare of the community, including but not limited to emergency preparedness, wildfire management and community policing. • Continue to improve the quality and convenience of parking and transportation for both locals and guests by identifying the issues and making course corrections when possible. Components include developing a plan for parking and pedestrians on the Frontage Road, an update to the Transportation Plan, and coordinating with Vail Resorts the use of their $4.3M parking pledge. • Serve as a resort leader in developing environmental programs that respect and preserve our natural environment, with a focus on improving our water quality, protection of the stream tracts, and reduction of energy use and carbon footprint. • Develop a Technology Plan that sets forth goals and identifies strategies for implementing leading-edge and competitive technological opportunities for use by public and private sectors as well as serving the local and svisiting guests' needs. • Continue to secure our position as a world class resort offering premier recreational and educational amenities and events by exploring unique and exceptional cultural programming, with emphasis on the arts, music and culinary experiences, and popular athletic programming and events, which includes competitive and non competitive arenas and enhanced local trail systems. • Be a leader in developing an exceptional and professional workforce that aligns with the "Vail Way" brand and values and support and reinforces this workforce and its level of providing services through its new hire orientation, ongoing training and education, and continuous employee communications. i 07 { 2015-17 kti VAIL TOWN COUNCIL ACTION P 75 South Frontage Road Vail, Colorado 81657 970.479.2100 1 vailgov.com ' �„ .,.� • 1:' sem: odo j �..., , OF �' �� OF VAIL� IF.Al '' �e' try ^ - _ _ .I•�'i. y .;,.tea' 75 South Frontage Road Vail, Colorado 81657 970.479.2100 1 vailgov.com ' �„ .,.� • 1:' sem: odo j �..., , OF �' �� OF VAIL� IF.Al '' �e' try Memorandum To: Vail Town Council From: Department of Public Works Date: April 5, 2016 Subject: Bald Mountain Berm Projects Background The Sand Storage Berm is located in East Vail adjacent to the Bald Mountain neighborhood along the westbound lanes of 1-70. This project has been broken out into three phases for construction: 1) Middle, 2) east phase and 3) west phase. Phase 1 (middle portion) was completed between 2003 and 2007, the east phase between 2008 and 2015, and the west phase is to begin in 2016. The east and west phases were broken out because additional work was needed prior to placement of material. The east phase required wetland clearances and the west phase required drainage improvements and utility relocations to be completed prior to the start of constructing the berm. Phase 1 (2003-2007) In 2003 an Intergovernmental Agreement (IGA) titled INTERGOVERNMENTAL AGREEMENT REGARDING SEDIMENT CONTROL STORAGE AREA ON INTERSTATE 70 AT APPROXIMATE M.P. 178.0-179.0 was agreed to between the Town and the Colorado Department of Transportation Maintenance Division (CDOT) for the storage of sediment control material from Vail Pass. There was no formal allotted fill volume split defined between the Town and CDOT in this agreement. The Town hauled material from the Public Works shops expansion and CDOT hauled material off Vail Pass to complete this phase of the berm. Approximately 40,000 CY of material was placed in this phase. East Phase (2008-2015) In 2008 the IGA between the Town and CDOT was executed for the east phase of the berm titled INTERGOVERNMENTAL AGREEMENT REGARDING SEDIMENT CONTROL STORAGE AREA ON INTERSTATE 70 AT APPROXIMATE M.P. 178.0-179.0. This IGA allocated 100% of the allowable fill volume to CDOT for disposal of sediment off Vail Pass. The term for construction was defined as 2008 — 2018 with and option for an additional five years if mutually agreed to. In 2009 CDOT completed a project of removing approximately 17,000 cubic yards from the West Vail Pass Basin (Basin of Last Resort). The basin clean up was a successful project in keeping the sediment from moving downstream of this sediment basin and further migrating downstream towards the confluence with Gore Creek. The east phase was completed in 2015. It was originally estimated that there was approximately 48,000 CY of available area, however an additional 24,000 CY above the original estimated volume of fill, for a grand total of approximately 72,000 CY was placed to complete the berm to the grading plan approved 4/5/2016 by the Town's Design Review Board. The additional 24,000 CY was placed between 2013 and 2015. The Chain Down station along westbound 1-70 was constructed during this phase as a separate project. West Phase (starts in 2016) In 2012 an IGA was drafted and agreed to by the Town and CDOT but an executed copy has not been found by either the Town or CDOT. This IGA allocated 30,000 CY of fill to the Town and 41,000 CY to CDOT, 71,000 CY total. Terms restricted the Town to be allowed to access off of westbound 1-70 to the berm site to only one construction season. This was a requirement of the Federal Highway Administration. With that restriction the Town was reserving its allotted volume for one large project that would generate 30,000 cubic yards of excavation to reduce the number of truck trips off the Bald Mountain Road access. None of the anticipated large projects ever got off the ground; Lionshead Parking Structure reconstruction, original design of Timber Ridge reconstruction or the Municipal/Community Development building reconstruction. To date the Town has hauled approximately 18,000 CY to the west phase. The majority from the Ford Park project in 2014. CDOT's allotted volume will again come from sediment removal off Vail Pass. CDOT's goal is remove 6,000 TONS of sediment from Vail Pass each summer and the Basin of Last Resort will need to be cleaned out again in the next few years. Drainage improvements and utility relocations required to construct the west phase were completed in 2012 with financial contributions from multiple entities. Town of Vail $99,000 CDOT Maintenance $98,000 Eagle River Water and Sanitation District $10,000 Bald Mountain Homeowners Association $8,000 Bald Mountain Townhomes A portion of the west phase is located on the Bald Mountain Townhomes (BMT) property. In March 2006 an easement between the Town and BMT was executed to allow for the construction of the berm on their property. The easement was to expire five years from execution if no material had been place on the site; none was placed. In March 2011 a new easement between the Town and BMT was executed for the berm and also drainage infrastructure. The agreement has the same 5 year term that the easement would expire if no material was placed on the site and once material was placed on the site it must be completed within the easement area 60 months from the start of hauling operations. On March 11, 2016 Town Staff and the BTM agreed to place approximately 20 CY of material in the easement area so that another easement would not have to be executed and the 60 month clock for completion would begin. It should be noted that approximately 5,000 CY of the 71,000 CY total west phase volume is in the area behind the BMT with about half on 1-70 right of way and half on BMT property. Upcoming Projects The 1-70 Vail Underpass project has started and the question has been asked; why can't the excavated material from the project be used to fill the berm. Going back to the original 2003 IGA, CDOT's portion of the berm has been reserved for sediment removal from Vail Pass. The West Vail Pass Basin will need to be cleaned out again in the next Town of Vail Page 2 4/5/2016 few years to prevent the migration of sediment further downstream. CDOT is in the process of designing a new access road to the basin to better facilitate removal of sediment from the basin in the future. The initial estimate for construction of the access road is $950,000. CDOT has identified some likely applicable water quality funding on the order of approximately $600,000 for this project. They have identified potential application of Transportation Contingency funds as a potential resource to make the project whole but have identified that local partnerships will make the application look more attractive. Thus, we would like to pursue any other options for funding from our local partners. Town of Vail Page 3 4/5/2016 KK TOWN OF YAIl1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: License Agreement with Solar Crest Condominium Association Request for an approval of a license agreement to allow for an enclosed trash/recycling structure to be located in the Town of Vail Right of Way, located at 1400 Lions Ridge Loop. PRESENTER(S): Tom Kassmel, Town Engineer ACTION REQUESTED OF COUNCIL: Approve or deny a License Agreement for the Solar Crest trash/recycle structure to remain in the Lions Ridge Loop Right of Way. BACKGROUND: The Solar Crest Condominium Association has requested to use the Town of Vail Right of Way along Lions Ridge Loop for their trash and recycle structure. In order to do so a license agreement will be required to be approved by the Town Council. STAFF RECOMMENDATION: Staff recommends the Town Council denies applicant's request to allow the private use of town -owned right of way for a trash/recycling structure at the Solar Crest Condominium Association, located at 1400 Lions Ridge Loop. ATTACHMENTS: Staff Memo Staff Memo 2-16-16 Solar Crest License Agreement 4/5/2016 rowN ofvain Memorandum To: Town Council From: Public Works Department Community Development Department Date: April 5, 2016 Subject: Request for an approval of a license agreement to allow for an enclosed trash/recycling structure to be located in the Town of Vail Right of Way, located at 1400 Lions Ridge Loop. DESCRIPTION OF REQUEST The owners within the Solar Crest Condominium Association are requesting approval of a license agreement with the Town of Vail to allow for an enclosed trash/recycling structure to be located within the town -owned public right of way located immediately adjacent to 1400 Lions Ridge Loop. To lawfully allow the structure to be built and remain on town -owned land, the Vail Town Council, acting on behalf of the property owner, must first consent to the private use of the public right of way for the requested purpose. The Town staff does not have the authority to grant such an approval. The proposed structure is 15 feet in length, 7 feet in width, or approximately 105 square feet in size, and 10' 4" feet tall at the highest point of the shed roof design. The structure is intended to accommodate the private trash and recycling storage needs of the Association owners. As requested, the structure will be placed approximately 10.5 feet from the southerly paved edge of Lions Ridge Loop. According to the proposed site plan, the entire structure is to be located within the right of way. Does the Vail Town Council wish to enter into a license agreement with the Solar Crest Condominium Association, in a form approved by the Town Attorney, to allow the Association to use a portion of the Lions Ridge Loop public right of way? II. ACTION REQUESTED Approve or deny a License Agreement for the Solar Crest trash/recycle structure to remain in the Lions Ridge Loop Right of Way. III. BACKGROUND The Solar Crest Condominium Association, located at 1400 Lions Ridge Loop, constructed a 150 square foot trash/recycle structure this past fall within the Town of 4/5/2016 Vail Right of Way (ROW) along Lions Ridge Loop without the prior consent of the Town of Vail. The Town of Vail has a long standing policy of prohibiting private structures within the ROW. ROW areas are areas of land that have been dedicated to the Town for public use for the purposes of constructing, operating and maintaining public facilities such as roads, sidewalks, bike paths, utilities, snow storage, surface drainage, and other public infrastructure. On February 16th, the Vail Town Council authorized the Solar Crest Condominium Association to proceed through the development review process for review of a design review board application for the proposed trash/recycle structure to verify compliance to all other elements of the Town Code. The Association was to then return to the Town Council with a request for an approval of a license agreement for the structure to remain in the ROW. The Council indicated they would act upon the request at that and determine whether to allow this private use of town -owned public land. IV. DISCUSSION UPDATE This is not the first time a private property owner has requested the use of town -owned public land. Allowing the Solar Crest trash/recycle structure to remain in the ROW after it has been illegally constructed would be against Town Code and contrary to the direction and approval that was recently granted to the Telemark Townhomes Association. It may embrace a "build first, ask for forgiveness later" attitude. Since the last Council meeting the Solar Crest Association is proposing to leave the structure within the ROW, in its general existing location behind the Post Office property just east of Solar Crest's parking. However, since the last Council meeting staff has worked with the applicant to minimize impacts within the ROW, including; • The structure has been reduced from —150 SF to —105 SF The structure is proposed to be moved from 4.5' off the edge of road to a location 10.5' off the edge of road The T 111 plywood siding will be covered by an approved material The Town Attorney has provided a license agreement that may be used if the Town Council chooses to approve the structure within the ROW. Council may choose to charge a fee in relation to this license that is appropriate; at this point the default $10 one time fee is shown. If the structure is approved within the ROW, Town Council should provide staff with direction on how proposed and existing structures within the ROW should be dealt with in the future. V. STAFF RECOMMENDATION Staff recommends the Town Council denies applicant's request to allow the private use of town -owned right of way for a trash/recycling structure at the Solar Crest Town of Vail Page 2 4/5/2016 Condominium Association, located at 1400 Lions Ridge Loop. In doing so, the Staff further recommends that the Solar Crest Condominium Association be required to remove the structure from the ROW by no later than June 25, 2016. In the meantime the current illegal structure will remain in a "stop work" status. Staff recommends that a new application with a proposed location on Solar Crest property be submitted for review and approval. Staff's recommendation is based upon the following: 1. The proposed private use of the town -owned land is in conflict with the intended purposes and uses public ROW. 2. A 105 square foot area of land exists on the Solar Crest Condominium Association thereby allowing the structure to be relocated to private property. 3. An approval may set a new precedence that private trash/recycle structures can be permitted within the ROW. VI. ATTACHMENTS Photos Location Exhibits License Agreement February 16 Council Memo Town of Vail Page 3 4/5/2016 �M1 1 '� - `S • L j � 1�r �•M VR L - t� Town of Vail Page 5 4/5/2016 EXHIBIT SOLAR CREST CONDOMINIUMS - TRASH ENCLOSURE TOWN OF VAIL, EAGLE COUNTY, COLORADO r r r ASPHALT r / r ROADWAY / r � r 1 rr Oy1• rr r RIGHT—OF—WAY r BOUNDARY r � rr BOUNDARY SOLAR CREST CONDOMINIUMS 30091E o 3/21/2016 7�AC �AN05 Gore Range SUTVeyiag, LLC P.4 Bak 15 anon, Cp 61620 1970} n79-8648 • Eaa f970} 479 0055 Town of Vail O. moa ffy lOs Pf EDGE OF PARKING POSED TRASH ENCLOSURE LIONSRIDGE FILING No. 3 LOT 1, BLOCK 1 (U.S. POSTAL SERVICE) CrAI F- 1" — ?n' Page 6 4/5/2016 Town of Vail 1 Lj Page 7 4/5/2016 0 _61ossible Location #2 (Middle Location -Requires a �PfaiB ll {.IIS R I� i .. L';. 4 0 �C li4 �PfaiB TOWN OF Memorandum To: From: Date: Subject Town Council Public Works Department February 16, 2016 Solar Crest Trash/Recycle Structure within Town Right of Way SUMMARY The Solar Crest Condominium Association located at 1400 Lions Ridge Loop illegally constructed a 150 square foot trash/recycle structure this past fall within the town Right of Way (ROW) along Lions Ridge Loop. The town does not allow private structures to be built within town ROW. Designated ROW areas are areas of land that are dedicated to the town for the purposes of constructing, operating and maintaining public facilities such as roads, sidewalks, bike paths, utilities and other public infrastructure. Staff recommends that the illegal structure be removed from the ROW and placed on Solar Crest's own property; thus denying Solar Crest's request to proceed through the process with their private trash/recycle structure within ROW. BACKGROUND The Solar Crest property was constructed in 1976. After the sale of the majority of its excess land in the early 1990's for the Dauphinais-Mosely Subdivision, Solar Crest had an on-going parking and trash issue. As a result parking was allowed to occur within the town ROW. In 1995 the paved existing parking in the ROW along with a concrete pad and fence for the existing dumpster was approved with some notable conditions; no roof was allowed, thus becoming a fence rather than a structure, and the fenced in area could only be as large as necessary for the then dumpster to fit, approximately 60-70 square feet. Since that time the dumpster and parking have remained within the ROW. This past fall it was discovered that the 60-70 square foot fenced in dumpster area was being enlarged into a 150 square foot trash/recycle structure. After some research it was determined that no approval or permit was issued for the construction. A red tag was issued on November 4th and the HOA was notified and required to submit a Design Review Board application for review. Once the DRB application was under review it was determined that the structure was solely within the town ROW, so the application was denied. A denial letter was sent to the HOA on November 24th (See attached). Town staff met with Mr. Letourneau on November 30th to discuss options and steps to move forward. Staff suggested the structure be moved to one of three locations on the 4/5/2016 Solar Crest property. Mr. Letourneau then attended the December 1St Council meeting during public comment and requested to have the structure remain within the ROW. On December 10th follow up direction was provided by staff to Mr. Letourneau to submit a formal request to Town Council for permission to proceed through the review process if they desired to maintain the structure within town ROW. Due to the holidays, and the original desire of the HOA to obtain an updated property survey, staff did not receive the formal request until January 28th III. DISCUSSION Right-of-way is an area of land that is dedicated to the town for the purposes of constructing, operating and maintaining public facilities and infrastructure. Examples of public right-of-way uses: • Roadways • Sidewalks and Bike paths • Utility mains and services (i.e. Water, Sewer, Phone, Cable, Gas, Electric, etc...) • Drainage Facilities (i.e. Curb and Gutter, Storm Sewer, Ditches, etc...) • Fire Hydrants • Street Lighting • Bus Stops • Driveway entrances • Public On -Street Parking Permissible private encroachments in the ROW are generally driveways (heated and non -heated) and landscaping. These encroachments are required to meet the town code and are required to have a revocable right of way permit filed with the county and recorded against the property. The revocable right of way permit requires the private owner to insure and indemnify the town against accidents or claims as a result of the encroachment, allows the town to have the encroachments removed and/or modified as necessary at the expense of the private owner, and holds harmless the town from any damage to the private encroachment. There are many existing dumpster encroachments throughout the town that would be considered illegal and are not permitted. Many of these encroachments, by default, have been considered "grandfathered" and action has generally not been taken by the town to have them removed until such modifications or new development occur on the property. In this case, the "grandfathered" dumpster pad and fence has been modified, enlarged, and enclosed, and therefore should now be required to become compliant. Staff completed a drive-by survey of all the local roads and found 20-30 trash dumpsters, and/or trash/recycle structures that currently reside either partially or completely within the town ROW. A list of these encroachments is attached. A similar circumstance to the Solar Crest trash structure issue came up within the past year at the Telemark townhomes. Telemark has historically had a dumpster within the Town of Vail Page 2 4/5/2016 ROW along Vail View Drive and recently made a request to town staff to enclose and enlarge their existing dumpster pad in order to become compliant with the town code for both trash and recycle. The HOA desired to enclose the dumpster in its existing location which was within the ROW along Vail View Drive. Since the improvement would introduce a structure within the ROW, it was denied. However since the HOA came to the town first, prior to construction, the town and the HOA were able to find a reasonable solution that moved the existing dumpster out of the town ROW and onto Telemark's property where they were able to build an enlarged trash/recycle structure. Allowing the Solar Crest trash/recycle structure to remain in the ROW after it has been illegally constructed would be against Town Code and contrary to the direction and approval that was recently given to Telemark. It would embrace a build first ask for forgiveness later attitude and penalize those who asked for permission first like the Telemark Townhomes. Staff believes there are at least three possible alternative locations for this structure that are actually on Solar Crest's property. If town staff had been brought into the discussion prior to the illegal construction, these would have been brought to the HOA's attention. This would have saved significant time and resources. The preferred location is one which would have minimal impacts to the property itself but would require parking coordination on days of trash/recycle pick-up (See attached). If the structure were moved to this location, upwards of two parking spaces would need to be displaced once a week during the periods of trash/recycle pickup. These vehicles could possibly be temporarily displaced to the area that is currently occupied by the illegal structure. Two other locations that are available on Solar Crest property are to the west of the parking, and would not impact parking but would require some embankment fill and small retaining walls. If Council decides to allow the existing structure to remain completely or partially within the ROW and proceed through the development process, it should be noted that even with permission to proceed through the development review process, there are known issues with the current structure that would have to comply to other portions of the Town Code; unless these are also specifically waived by Council: • All structures shall be a minimum of 10' off of the edge of road; the current structure is —4.5' off the edge of road. • T 111 siding is not permitted • Since the structure is greater than 120 SF it should comply with the currently adopted IBC. The IBC does not govern over projects within the public ROW, however if the structure is allowed to remain in the ROW it should be compliant with the IBC for building safety reasons. • Additionally there may be other unknown issues that may be discovered through the review process, once a formal submittal is made. Also if the structure is permitted within the ROW, Council will need to provide staff with direction on how proposed and existing structures within the ROW should be dealt with in the future. There are 20-30 more potential existing "grandfathered" candidates within the ROW and staff will need to understand the desired direction for these non-compliant Town of Vail Page 3 4/5/2016 structures, as well as any new ones that may be requested in the future. Also, staff would need to know whether or not those properties that recently came into compliance (i.e. Telemark Townhomes) should be allowed to reinstate a structure in the ROW as originally requested. IV. STAFF RECOMMENDATION Staff recommends that the illegal new structure built in the ROW by Solar Crest be removed from the ROW by June 25, 2016. In the meantime the current illegal structure will remain in a stop work status and a new application with a proposed location on Solar Crest property should be submitted for review and approval. Council may also consider whether or not the existing structure should be used temporarily until such time it is moved and/or a new structure is built on Solar Crest property. If Council permits the temporary usage of the structure, a new revocable right of way permit will need to be filed, and then revoked no later than June 25, 2016. The revocable right of way permit provides the necessary temporary approval and liability insurance if the structure should be damaged by or cause damage to the public. V. ATTACHMENTS Photos Letter to Solar Crest — 11/24/15 List of ROW encroaching trash facilities Letter of Request from Solar Crest — 1/27/16 Letter from Honeywagon — 1/13/16 Town of Vail Page 4 4/5/2016 �M1 1 '� - `S • L j � 1�r �•M VR L - t� 11 .37 pt 44 1 r 'dw 0 _61ossible Location #2 (Middle Location -Requires a �PfaiB ll {.IIS R I� i .. L';. 4 0 �C li4 �PfaiB REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT (the "Agreement") is made this day of , 200_, by and between the Town of Vail, COLORADO, a Colorado home rule municipality with a legal address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town"), and , a with a legal address of ("Licensee"). For and in consideration of the sum of ten dollars ($10.00) paid by the Licensee to the Town, the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1. LICENSE Licensee desires to obtain a License to occupy and use the property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). Subject to all the terms and conditions hereto, the Town hereby grants to Licensee a license to occupy and use the Property for the purpose set forth in Section 2 hereof. SECTION 2. PURPOSE The Property may be used and occupied by the Licensee for the purpose of constructing and maintaining a trash and recycle structure over and on the Property. SECTION 3. TERMINATION Either party may terminate this Agreement by giving written notice to the other party specifying the date of termination, such notice to be given not less than thirty (30) days prior to the date specified therein. This license shall terminate automatically upon the issuance of a building permit for the redevelopment of the Solar Crest property. Upon termination, Licensee shall return the Property to its original condition at Licensee's own expense. SECTION 4. MAINTENANCE Licensee shall, at its own expense, keep and maintain in good repair any fixtures or structures constructed, placed, operated or maintained on the Property and, within thirty (30) days of termination of this Agreement, shall remove such fixtures. SECTION 5. DAMAGE TO PROPERTY Licensee shall be responsible for all damage to the Property arising out of or resulting from the use of the Property by the Licensee, its agents, employees, visitors, patrons and invitees. The Town shall notify Licensee immediately upon discovery of any damage to the Property. Licensee shall correct and repair the damage within one (1) week of notification or knowledge of the damage unless otherwise directed by the Town. 03/28/16 CWROGRAMFILES (X86)WEEVIA.COMIDOCCONVERTERPROITEMPINVDCECDD5C51-AABD-4024-8EB2- A7FCCODF6A6DI VAILAGENDA.7560.1.REVOCABLE LICENSE - SOLAR CREST.DOC 4/5/2016 SECTION 6. INDEMNIFICATION Licensee shall indemnify, hold harmless and defend the Town and its representatives, officers, employees, agents, and contractors from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney fees, arising from or in any way connected with injury to or the death of any person or physical damage to any property resulting from any act, omission, condition, or other matter related to or occurring on or about the Property under this Agreement. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims or demands at his sole expense, or, at the option of the Town, agrees to pay the Town or reimburse the Town for the defense costs incurred by the Town in connection with any such liability, claims or demands. Licensee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims or demands alleged are groundless, false or fraudulent. SECTION 7. INSURANCE Licensee agrees to procure an insurance policy which includes and covers the Property that is the subject of this Agreement, and to name the Town as an additional insured thereon. Such insurance policy shall at a minimum include liability and property damage insurance, with a combined single limit for bodily injury and property damage of one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence. A Certificate of Insurance showing the Town as an additional insured shall be provided to the Town within thirty (30) days of execution of this Agreement, and annually thereafter. The failure to provide the Certificate of Insurance shall be grounds for immediate termination of this Agreement and revocation of the license granted herein. SECTION 8. NOTICES Any notice given pursuant to this Agreement by either party to the other shall be in writing and mailed by certified mail, return receipt requested, postage prepaid, and addressed as follows: To the Town: Town of Vail To Licensee: 75 S. Frontage Road Vail, CO 81657 SECTION 9. MISCELLANEOUS A. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, subject to any other conditions and covenants contained herein. 2 03/28/16 CWROGRAMFILES (X86)WEEVIA.COMIDOCCONVERTERPROITEMPINVDCECDD5C51-AABD-4024-8EB2- A7FCCODF6A6DI VAILAGENDA.7560.1.REVOCABLE LICENSE - SOLAR CREST.DOC 4/5/2016 B. Applicable Law and Venue. The laws of the State of Colorado and applicable federal, state and local laws, rules, regulations and guidelines shall govern this Agreement, and the venue for any legal proceeding arising out of this Agreement shall be Eagle County, Colorado. C. Amendment. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instrument in writing signed by the party charged with such waiver. D. Headings. The headings of the sections of this Agreement are inserted for reference purposes only and are not restrictive as to content. E. Assi_ng ment. Licensee may not assign or transfer this Agreement, except upon the express written authorization of the Town. F. No Third -Party Beneficiaries. Except as expressly provided herein, there are no intended third -party beneficiaries to this Agreement. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. H. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the City may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. L Integration._The foregoing constitutes the entire agreement between the parties and no additional or different oral representation, promise, or agreement shall be binding on any of the parties hereto with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have duly executed this Agreement effective the day and year first above written. TOWN OF VAIL Stan Zemler, Town Manager ATTEST: Tammy Nagel, Acting Town Clerk 3 03/28/16 C WROGRAMFILES (X86)WEEVIA.COMIDOCCONVERTERPROITEMPINVDCECDD5C51-AABD-4024-8EB2- A7FCCODF6A6DI VAILAGENDA.7560.1.REVOCABLE LICENSE - SOLAR CREST.DOC 4/5/2016 LICENSEE: STATE OF COLORADO ss. COUNTY OF Subscribed, sworn to and acknowledged before me this day of , 200_, by My Commission expires (SEAL) Notary Public 4 03/28/16 CWROGRAMFILES (X86)WEEVIA.COMIDOCCONVERTERPROITEMPINVDCECDD5C51-AABD-4024-8EB2- A7FCCODF6A6DI VAILAGENDA.7560.1.REVOCABLE LICENSE - SOLAR CREST.DOC 4/5/2016 KK TOWN OF YAIl1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: 1-70 Vail Underpass Public Art Update and Award of Contract with artist Gordon Huether PRESENTER(S): Molly Eppard, AIPP Coordinator ACTION REQUESTED OF COUNCIL: Request formal action to award contract to artist Gordon Huether. BACKGROUND: The Art in Public Places Board issued a request for qualifications for applications that would address a public art element at the 1-70 Vail Underpass. The Board reviewed over 80 applications and narrowed them to three which submitted proposals to site specific criteria. The selection process resulted in the selection of artist Gordon Huether to create and install the public art. ATTACHMENTS: 170 Vail Underpass Public Art Update and Presentation 4/5/2016 rowN ofvain Memorandum To: Town Council From: Art in Public Places Date: 3/28/16 Subject: 1-70 Vail Underpass Public Art Update & Award of Contract I. ITEM/TOPIC 1-70 Vail Underpass Public Art Update II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with artist Gordon Huether (http://www.gordonhuether.com/) to create and install an artistic installation to be integrated within the design of the south roundabout as approved by the Art in Public Places Board. The proposed art incorporates safety guard rail, as well as the required glare screen for adjacent properties. III. BACKGROUND After a national public call to artists for Request for Qualifications, over 80 applications were received for consideration for the public art element at the 1-70 Vail Underpass. The RFQ's were reviewed on November 19, 2015 in a public meeting by the Art in Public Places Board. Based upon the artists' qualifications and work experience, the Art in Places Board selected three finalists to submit site-specific proposals using the criteria listed below and the direction of Town Council for the headlight glare screen as a location. References for each artist were also contacted by the Art in Public Places Coordinator before a public selection meeting on March 7, 2016. Artwork Criteria for selection as established by AIPP guidelines: • Quality and Innovation: The consideration of highest priority is the inherent artistic excellence and innovation of the artwork. • Timelessness: Each artwork should be viewed as a long-term acquisition that should have relevance aesthetically to the community in future years. Due to the high visibility of public art by residents and guests who frequent public places, artworks should be selected that reflect enduring artistic quality. • Compatibility with Site: Works of art should be compatible in style, scale, material, form and content with their surroundings, and should from an overall relationship with the site. • Permanence: Works of art shall have structural and surface soundness, and be resistant to theft, vandalism, and weathering. Artworks shall not require excessive maintenance or repair costs. Artworks that require continual maintenance are discouraged. • Public Safety: Artwork shall not create inordinate safety problems or liability problems for the general public or Town of Vail. 4/5/2016 The Art in Public Places Board reviewed the three site-specific proposals and unanimously selected the artwork proposal submitted by Gordon Huether. Artist proposal attached. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with the artist Gordon Huether to create an art installation incorporating required safety and screening components as approved by the Art in Public Places Board in the existing approved public art budget within the 1-70 Vail Underpass not to exceed $330,000. ATTACHMENTS Summarized proposal for 1-70 Vail Underpass public art by Gordon Huether. Town of Vail Page 2 4/5/2016 f goohuetherstudior n art matters co. Y ; r [9 --- '•{]i�S.yB�.� yi 20 2'15. 8125S: - -_._ '. \ �2 �gzklR f!� ^ "1B C SS':8 y^ ". _ E'�`� �R �13I]5 w541B�7".l9 %, I I gordon huether studio 0 art matters ' -J 4/5/2016 : 1-70 Underpass I public art project C) G0r 0 20 IF ------------------ _ • - fw j �.:," S � � .fit �'" � _ _ - �. �bt �'+r+•.���x•��� ...—' . w.: ids--e,�'�� - _ �' m�i�✓:s �u - — i6'�--Ctfti.�� ---- -------------- i =_a _ cu k gordon huether studio art matters 4/5/2016 i =_a _ cu k gordon huether studio art matters 4/5/2016 11 1-70 Underpass I project goals Quality and Innovation: The consideration of highest priority is the inherent artistic excellence and innovation of the artwork. Timelessness: Each artwork should be viewed as a long-term acquisition that should have relevance aesthetically to the community in future years. Due to the high visibility of public art by residents and guests who frequent public places, artworks should be selected that reflect enduring artistic quality. Compatibility with Site: Works of art should be compatible in style, scale, material, form, and content with their surroundings, and should form an overall relationship with the site. Permanence: Works of art shall have structural and surface soundness, and be resistant to theft, vandalism, and weathering. Artworks shall not require excessive maintenance or repair costs. Artworks that require frequent maintenance are discouraged. Public Safety Artwork shall not create inordinate safety problems or liability problems for the general public or Town of Vail. 4/5/2016 gordon huether studio art matters �j 1-70 Underpass I public art location -nib, x: 4/5/2016 gordon huether studio art matters fN 1-70 Underpass I public art location �.-. � t Yia a gni iii■ ■ ✓<i 111 ! 1 Important requirement: Light mitigation for residences ■%\\\fJl 4/5/2016 VVIL gordon huether studio art matters .w v .. P. r. Si a :I •t II R. r ` I I•� l � � f !�Y R• t� - I 1 it g 9 S Y r 1 I•tjoi y F .•4 t � I V' e• r '• !4 � ray + k..'i": R .�': �,j�� R h'. xi 4<e :rc F. 15 a :I •t II R. r ` I I•� l � � f !�Y R• t� - I 1 it g 9 S Y r 1 I•tjoi y F .•4 t � I V' e• inspiration I natural landscape 4/5/2016 gordon huether studio art matters fidpw 1 r Iry ■ AW �� II u....�...�..._....=��111111�11�1�1illil�li�urll� 1 •.: I��� proposal I narrative Thank you for the opportunity to present a concept for the 1-70 Vail Underpass Public Art Project. After an in-depth exploration of the local culture, the natural environment, site plans, your video and the information provided in the original RFQ, I have developed an installation concept that reflects your project goals and offers a unique, artistic enhancement that is complex, engaging, beautiful and relevant. I have selected the headlight glare screen location at the south edge of the southern roundabout, as I believe it is the location that is most advantageous for an art installation. The location is highly visible and will maximize the exposure of the new art work at the 1-70 Underpass. I thought about the purpose and the many future uses of the 1-70 Underpass and came to the conclusion that the main inspirational guideposts for my installation should be depth, movement and nature. My proposal is in essence made up of two main principles, both of them linked to motion: one is the so-called parallax phenomenon and the second one, the visual phenomenon of the 'opening' and 'closing' of rows of trees (or an orchard, or a vineyard, etc.) when moving past them. Both effects are based on the premise of a human moving past stationary objects and experiencing a distinct visual effect, which can be referred to as 'passively kinetic.' Several years ago, when I was short-listed for another public art project in Vail, I was struck — as so many residents and visitors undoubtedly are — by the incredible presence of nature and the area's majestic mountains. In combination with the above characterized principles, these memories guided my pencil as I developed the concept for the 1-70 Underpass Public Art Project The first conceptual component of my proposal is driven by a phenomenon called parallax. Motion in general and the various modes of movement through the Vail Valley steered my decision to incorporate this conceptual component into my proposal. A motorist, a bicyclist or a pedestrian all travel at varying rates of speed and the motorist's, bicyclist's or pedestrian's eye adjusts to and interprets varying depths and heights, light and colors while in motion. This phenomenon is known in physics as the "parallax" principle. Parallax is the "...the apparent displacement of an object caused by a change in the position from which it is viewed." [Source: The American Heritage® Stedman's Medical Dictionary] One example of parallax is when we are riding in a car and observe what appears to be the movement of the landscape. Objects in the far distance, mountains for example, seem to "move" more slowly than objects closer to us. Stationary objects that are close to us, street signs, houses, seem to be moving at a significantly more rapid rate of speed. The installation that I am proposing explores the parallax principle by integrating layers of materials with depth, that simulate varying rates of speed as ones passes by. The second conceptual component of the installation is the phenomenon of rows of tress 'opening' and 'closing' when moving past them. gordon huether studio art matters 4/5/2016 proposal I narrative During my last visit to Vail, I had the opportunity to go horseback riding in the Vail Valley through the breathtaking mountains and forests. The visual effect of passing a stand of aspen trees on horseback inspired the desire to integrate this second conceptual component into my proposal. My installation aims to recreate the visual experience when riding through a stand of aspen trees, as explained below. My proposed concept responds and engages with all viewers, whether they travel by car, on a bicycle or on foot. At first glance, the installation appears to be a simple linear work, but as the viewer passes by, "openings" and "closings" appear to the eye because of the carefully spaced vertical stakes and these vertical stakes are inspired by the aspen trees. The realization that there is a depth to the work is only revealed at certain angles. When viewed from a distance, the stakes clearly evoke the profile of nearby mountain ridges; at close range, the viewer sees the work as distinct parts. The installation is made up of two layers of plasma cut Corten steel with the silhouette of mountain ranges, each layer measuring 150' for a total 300 linear feet. The plasma cutting technique enables us to create a broad spectrum of mountainous shapes; we will create four silhouettes to create a significant sense of pattern. In contrast to these soft gentle shapes, the installation has a layer of vertical "stakes" (the referenced aspen tree trunks) that are offset from the two layers of mountain ridges. This is an important element of the installation as it adds an abundance of visual depth and, most importantly, creates a "passively kinetic" dynamic when the viewer passes by: the installation appears to "dance", as described above with the appearing "openings" and "closings." The Corten steel mountain ranges vary in height from 2 feet to 8 feet from the rock wall. The artwork will be mounted on top of the rock wall functioning as a headlight glare screen. Some of the mountain range segments are rolled to mimic the shape of the curving wall beneath. Marrying these two principles of motion we arrive at a unique, complex, beautiful and very engaging art installation. To honor the enchantment of sunlight twinkling through the aspen trees and the stunning colors of the magnificent mountain landscapes of Eagle County I incorporated LED lighting between the two layers of Corten Steel. At night, the installation will be illuminated from within, accentuating these gentle undulating forms. With the LED lighting we add vibrant, warm colors, layers and shadows to the installation, bringing additional drama, verve and depth to it. Lastly, the many bodies of water in Eagle County inspired the finishing touch for this installation. I am proposing sixteen (16) 6" x 6" blue fused glass pieces to be inset into the stonewall that add rhythm, complexity, sophistication and vivid bright color. Throughout the entire design process, the project goals were my developmental framework. The issues of light mitigation guided the overall height of the installa- tion, the request for little to no maintenance influenced my choice of materials and finishing applications, and the goal of permanence influenced the selection of this roundabout location for the installation of the artwork. A detailed budget, additional material and installation details are included with this proposal. Thank you again for your consideration. gordon huether studio art matters 4/5/2016 ,— y. mmmmwmmwr im .._ lit _ _r �.}rye � ' ` fir. yA��t i �1�� � � � � ,` ,�• i "4 S - n . \1 41 PROPF 10 --77 logo& NJ u���lllll�� II Hill" ���lll���llll�iillllllllllllllliui�uu�y ��I�IIIIICiI w Tnwx OF vn' ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Presentation on Fee in Lieu PRESENTER(S): Alan J. Nazzaro, Housing Manager ACTION REQUESTED OF COUNCIL: Staff is requesting that Town Council provide direction on the Town's target households for fee in lieu dollars. BACKGROUND: Town Council requested a follow-up meeting to discuss how the Town of Vail calculates its annual fees in lieu amounts for mitigation of employee housing impacts. At the February 2, 2016 Vail Town Council Meeting, the Town Council requested a follow-up meeting to discuss how the Town of Vail calculates its annual fees in lieu amounts for mitigation of employee housing impacts. The following memo discusses the Town's fees in lieu methodology, how other communities calculate their fees in lieu for their Commercial Linkage and/or Inclusionary Zoning as well as variables the Town Council may adjust to ensure the fees in lieu collected reflect the affordability gap for the Town's target households. STAFF RECOMMENDATION: Provide direction on changes to the fee in lieu calculation variables. ATTACHMENTS: Staff Memo 4/5/2016 TOWN OF VA!Ll: Memorandum To: Vail Town Council From: Community Development Department Date: April 5, 2016 Subject: Employee Housing - Fees in Lieu Calculation I. INTRODUCTION At the February 2, 2016 Vail Town Council Meeting, the Town Council requested a follow-up meeting to discuss how the Town of Vail (the "Town") calculates its annual fees in lieu amounts for mitigation of employee housing impacts. The following memo discusses the Town's fees in lieu methodology, how other communities calculate their fees in lieu for their Commercial Linkage and/or Inclusionary Zoning as well as variables the Town Council may adjust to ensure the fees in lieu collected reflect the affordability gap for the Town's target households. Staff is requesting that Town Council provide direction on the Town's target households for fee in lieu dollars. • Is 120% AMI the Town's target households for fees in lieu dollars? o Staff has recommends using a variety of AMI levels to better meet the housing needs and affordability gap for a wider range of incomes. • If the target AMI is amended, should the size of unit be amended? o Staff has recommends using different unit sizes for different AMI levels to better reflect the housing needs of different income levels. • Are the current administration fees adequate for the obligation being assumed by the Town with acceptance of fees in lieu? o Staff has recommends an inflation factor to the administrative fee charged. • Are the benefits of averaging the fee over three years sufficient to maintain the averaging requirement? o Staff has recommended keeping the averaging provision for predictability and less volatility. • Is the addition of HOA fees within 20% housing cost factor used in determining the affordable mortgage payment reasonable. o Staff recommends not adding HOA fees to the 20% housing cost factor and further recommends studying this element to determine a reasonable percentage to be used for HOA fees in addition to home owner's insurance and property taxes. 4/5/2016 II. BACKGROUND In 2007, with the adoption of Commercial Linkage (12-23, Vail Town Code) and Inclusionary Zoning (12-24, Vail Town Code), the Town adopted a methodology for calculating the Town's annual fees in lieu amount for each employee to be housed as well as per square foot for deed restricted units. The fee in lieu amount is to be established annually by the Vail Town Council. Vail Town Code Sections 12-23-6 and 12-24-6 read as follows: The fee in lieu for each employee to be housed 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 housing for the employee to be housed in that year. An administrative fee, established by resolution of the town council, shall be added to the amount set forth in subsection B4a of this section. Note: the Nexus Analysis, which recommended the use of the "affordability gap" calculations noted that: 1. The per square foot sales prices of dwelling units purchased in the Town of Vail between June 1, 2005 and May 31, 2006 was used as the basis for housing costs (as determined from Eagle County Assessor data). The figure of $458 per square foot was the median cost of units sold during this period (with outliers removed). The cost of units sold rather than the cost of construction has been used for several reasons: • Market -rate prices on a per square foot basis can be readily obtained and can be used to update the fee on a regular basis; • Construction costs vary widely, depending upon numerous variables. Adding the cost of land further complicates the calculation; and • The Town may use the fees obtained to purchase existing units, provide rent subsidies, or support other housing efforts in addition to new construction projects. The current employee housing fee in lieu amount reflects the gap between a two -person household earning 120% of the Area Median Income ("AMI") and the median cost per unit plus an administrative fee of $3,000 per employee or $3.65 per square foot. Based on developer input that large volatile changes in the fee in lieu make it more difficult to plan development, in 2010 the Vail Town Council amended the calculation method to include averaging the fee in lieu amount with the previous two years to more accurately reflect market conditions. Area Median Income has not changed substantially in recent years. The chart below shows the annual earnings for a two -person household earning 120% of AMI. Town of Vail Page 2 4/5/2016 $85,000 $80,000 $75,000 $76,800 $70,000 Eagle County 120% AMI for a 2 -Person Household f $83,100 $83,70 $82,800 81,600 $81,600 $82,320 $80,400 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Year Source: US Dept. of Housing and Urban Development While AMI has remained relatively flat the median price per square foot for residential real estate sold in Vail has fluctuated in the past 10 years. Removing 2008, as an outlier, the average median price per square foot from 2006 to 2015 was $512 (with it included the average increases to $550). $901.00 $801.00 $701.00 $601.00 $501.00 $401.00 $301.00 $201.00 $101.00 $1.00 Vail's Median Price / Square Foot For All Residential Real Estate Sold Town of Vail 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Year Source: Eagle County Assessor's Data Page 3 4/5/2016 III. CURRENT FEE IN LIEU CALCULATION Fee in Lieu Calculation Formula 120% Area Median Income (2 -person household)* $ 82,800 Affordable Monthly Housing Payment $ 2,070 Property Taxes/Insurance/HOA (20% of Housing Payment) $ 414 Mortgage Payment $ 1,656 Maximum Mortgage Amount $291,500 2016 Affordable Purchase Price $306,800 To get the affordable price the calculation is the current monthly AMI (total divided by 12) times 30% (HUD established factor to determine affordable housing costs) which yields the affordable monthly housing payment minus 20% (estimate of housing -related costs) of that amount which yields the available mortgage payment amount. The mortgage payment amount at 5.5% interest and with 5% down payment determines a maximum mortgage amount, which is 95% of the affordable purchase price at this income level. Square Feet of Unit 2015 Median Price per Square Foot (all units)** Cost per Unit 825 $ 534 $440,550 Affordability Gap/Payment per Unit in Lieu $133,750 ***Assumes 5% down, 5.5% interest for 30 years. To get the Affordability Gap the calculation is the square feet of the average size unit times the median square foot price of all units sold for the given time period which yields the total cost of a unit of that size for the given time period, the affordable purchase price calculated above is then subtracted from the total cost of the average unit to determine the affordability gap for this income level. Gap per Employee (1.5 employees/household on average) $ 89,167 2015 Gap per Employee (not averaged) $106,767 2014 Gap per Employee (not averaged) $ 58,217 Administrative Fee per Employee $ 3,000 To get the gap per Employee the calculation is to divide the calculated affordability gap by the average number of employees per household (1.5) to arrive at the fee for the current year. The current year fee is then averaged with the two previous years to which is added the administrative fee to arrive at the current year fee in lieu amount. Fee per Square Foot per Employee $162.00 2015 Fee per Square Foot per Employee (not averaged) $194.00 2014 Fee per Square Foot per Employee (not averaged) $106.00 Administrative Fee per Square Foot per Employee $ 3.65 To get the gap per Square Foot the calculation is to divide the calculated affordability gap by the square feet of the average size unit (825) to arrive at the per square foot per employee fee for the current year. The current year fee is then averaged with the two previous years to which is added the administrative fee to arrive at the current year fee in lieu amount. 2016 Fee in Lieu per Employee 2016 Fee in Lieu per Square Foot Town of Vail $87,717' $157.65 Page 4 4/5/2016 (Note — these figures to be established annually by the Vail Town Council (See 2014 & 2015 Calculation sheets attached) * As published by the US Department of Housing and Urban Development FY 2015 only available at this time. ** Calculated using 2015 Eagle County Assessor's Data Base data *** Rounded to the nearest dollar Using the Town's current methodology and assumptions for calculating the fees in lieu amount, the 2016 fee in lieu calculation result fee of $87,717 per employee to be housed, which is an increase of $13,236 from the fee being used today $74,481 and $157.65 per square foot which is an increase of $23.00 from the fee being used today $134.65. Both of these increases are indicative of the increases in value currently in the housing market. The two charts below show the adopted fees in lieu amount per year for each employee to be housed and per square foot. The 2014 amount shown was not adopted by the Town Council, consequently the 2013 fees in lieu amounts have continued to be used for fees in lieu calculations and payments. The 2015 fees in lieu amounts shown reflect the variables and assumptions that have historically been used by the Town in calculating the fees in lieu amounts as well as being averaged with the two previous years. Annual Town of Vail Fee in Lieu Per Employee $400,000 $329,206 $300,000177 $166,46 177 533 $200,000 ,!Q A $100,000 84,298 $74,481 T,.rl Ann$72,067 $0 2007 2008 2009 2010 2011 2012 2013 2014 2015 Year in 2010 the Town adopted a 3 -year average Annual Town of Vail Fee in Lieu per Square Foot $500 98.65 $400 $300 236.65 $236.65 $200 $137.65 $134.bb $128.98 $100 $0 2007 2008 2009 2010 2011 2012 2013 2014 2015 Year In 2010 the Town adopted a 3 -year average Town of Vail Page 5 4/5/2016 IV. ADOPTED FEES IN LIEU VARIABLES Town of Vail assumes the following variables in the fees in lieu calculation: • Income for a two -person household earning 120% of AMI • 825 square foot unit • Administrative fee of $3,000 per employee or $3.65 per square foot • 5% down payment and a 30 -year mortgage interest rate of 5.5% • 1.5 employees per unit V. PROS AND CONS OF CURRENT MARKET -AFFORDABILITY GAP METHODOLOGY Pros • Transparent and easily allows for regular updating with readily available information from public sources — the Eagle County Assessor and U.S. Department of Housing and Urban Development (HUD). • Tested in a lawsuit in Gunnison County and found by the Gunnison County District Court to be reasonable and sound. • Incorporates variables that can be adjusted in response to changing conditions (e.g., AMI served, interest rate, down payment, average square feet of units and administrative fees). • The Town can adjust the interest rate up and down as market conditions warrant. • Measures the price gap between the market price of a house and the price that is affordable for local employees. • Recommended in the Town's Nexus/Proportionality Analysis for Employee Housing Mitigation Programs. • Used by other mountain towns and counties in the Rocky Mountain region for calculating their fees. • Most fees in lieu paid in Vail are for small (<$6,000) mitigation requirements, i.e., fractional portion of an employee or square footage of unit, and the fee in lieu allows for ease of mitigation for both the property owner and the Town. Cons • Affordability Gap Method does not factor in the cost of construction • The fee is lagging current market trends by averaging with past two years. • The AMI targeted is 120% AMI for a two -person household, making the income higher than that targeted by most communities for affordable housing programs. • Most communities target 60% to 100% of AMI. • When other communities target higher ranges of AMI they also increase the average size of a unit assumed, which increases the cost of the free market unit, thereby increasing the size of the affordability gap between the target size unit and the max purchase price of the given AMI level. o The average size of a 1-bedrm. Unit or less sold in Vail in 2016 was 684 sq. ft. o The average size of a 2 -bedroom unit sold in Vail in 2016 was 1105 sq. ft. o The average size of a 3 -bedroom unit sold in Vail in 2016 was 1762 sq. ft. o The average size of a 4 -bedroom unit sold in Vail in 2016 was 3597 sq. ft. Town of Vail Page 6 4/5/2016 VI. CALCULATION METHODOLOGIES USED IN OTHER COMMUNITIES Following is a chart showing communities using the market affordability gap methodology and the variables they assume in their calculation. VII. ALTERNATIVE APPROACHES USED IN OTHER COMMUNITIES Carbondale • Does not allow fees in lieu payments • Their Housing Guidelines state: Fractional Remainders — Rather than creating a cash -in - lieu mechanism for fraction requirements the development's mitigation responsibility will be rounded to the nearest whole number — below 0.5 rounds down (=Zero unit), and round up from 0.5 and higher (=One unit). Garfield County • Does not allow fees in lieu payments • Their Housing Guidelines state: In computing this requirement, any fraction of a unit lot above .50 will be rounded up and any fraction of a unit lot .49 or less will be rounded down. Ketchum • Based on the gap between the cost to develop affordable housing and the price that is affordable for targeted households • Not always updated annually based on complexity of calculation Town of Vail Page 7 4/5/2016 AMI to be Served Range Target PointCommunity Size of Unit Administrative Fee Vail 120% AMI Max 825 Sq. Ft $3,000 per employee or $3.65 per sq. ft. Aspen/ Pitkin County 580% AMI I Mid Point 800 Sq. Ft 15% 81%-120% 121%-160% Mid Point Mid Point 1,000 Sq. 1,200 Sq. Ft Ft 15% 15% 161%-200% Mid Point 1,400 Sq. Ft 15% Town of Crested Butte :580% AMI Mid Point 800 Sq. Ft None I :M:ount Crested Butte 81%-120% :580% AMI Mid Point Mid Point 900 Sq. 800 Sq. Ft Ft None None I 81%-120% Mid Point 1,100 Sq. Ft None I Eagle County 100% AMI Max 1,126 Sq. Ft 25% VII. ALTERNATIVE APPROACHES USED IN OTHER COMMUNITIES Carbondale • Does not allow fees in lieu payments • Their Housing Guidelines state: Fractional Remainders — Rather than creating a cash -in - lieu mechanism for fraction requirements the development's mitigation responsibility will be rounded to the nearest whole number — below 0.5 rounds down (=Zero unit), and round up from 0.5 and higher (=One unit). Garfield County • Does not allow fees in lieu payments • Their Housing Guidelines state: In computing this requirement, any fraction of a unit lot above .50 will be rounded up and any fraction of a unit lot .49 or less will be rounded down. Ketchum • Based on the gap between the cost to develop affordable housing and the price that is affordable for targeted households • Not always updated annually based on complexity of calculation Town of Vail Page 7 4/5/2016 Telluride • Development cost / affordable price gap approach that combines the cost of developing affordable housing with the market price of vacant land and then compares the sum to the affordable price • There is an adjustment for the average size of affordable projects to determine the actual land costs for affordable housing • Income targets of 80% and 90% AMI • Not always updated annually based on complexity of calculation Snowmass Village • Fee in lieu allowed only at Town Council's discretion and the Town has yet to accept fees in lieu • Town Code states the fee would be based on the net cost that would be incurred by the Town in the construction of the units, or as agreed to by the Town and developer Summit County Voter approved housing impact fee of $2.00 per sq. ft. on commercial development and a sliding scale for residential development. VIII. OPTIONS FOR CHANGING FEES IN LIEU CALCULATION The Town's methodology for calculating the fee in lieu amounts include a number of variables that may be adjusted to reflect the market affordability gap for the Town's target households. Listed below are the variables included in the Town's calculation methodology and the variables that many communities have adjusted to reflect the needs of their target households. For instance, if the Town Council believes 120% AMI is the appropriate income target it may be appropriate to increase the size of unit assumed in the calculation. • Adjust Target AMI By adjusting the Target AMI from 120% to 80% AMI the fee in lieu amount calculated in 2016 would increase by $67,509 per employee or $127.52 per square foot before averaging. Targeting 80% AMI is more reflective of the service industry jobs that typically exist within the Town of Vail, as supported by the recent survey of potential home buyers for the Chamonix Neighborhood development, which had 60% identifying as service industry employees and just under 50% of the respondents with household incomes at or under 80% AMI. The calculated gaps below do not include an administrative fee or averaging. Town of Vail Page 8 4/5/2016 Adjust Target AMI $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 — $150,000 $100,000 $50,000 $0 120% AMI 100% AMI 80% AMI *Based on 30% of gross income spent on housing. $160,000 Gap per Employee $123,033 $120,000 $89,700 $80,000 $40,000 $0 120% AMI $300.00 $225.00 $158.32 $150.00 $75.00 $0.00 120% AMI Town of Vail 100% AMI Gap Per Sq. Ft. $223.70 100% AMI Annual Income i Purchase Price Median Cost 825 Sq. Ft. $157,209 80% AMI $285.84 80% AMI Page 9 4/5/2016 • Adjust the Size of Unit Communities that have established fee in lieu amounts based on AMI ranges also adjust the size of the unit associated with the AMI ranges. As household income increases so typically does the size of the unit they live in. If the Town maintains a target AMI of 120% it may be appropriate to adjust the unit size from 825 square feet. Communities targeting higher AMIs typically use a unit size of approximately 1,000 to 1,200 square feet, reflecting the increased expectations and space requirements of households earning more money. The median size home for one and two-bedroom deed restricted for -sale homes in Vail is 992 square feet, with the average size being 1,026 square feet. The median size home of all Vail units, according to Eagle County Assessor records for 2015 was 1,455 square feet, with the average being 1,901 square feet. Two -Person Household Earning 120% AMI 400000 -r-- 350000 350000 300000 250000 Gap per 200000 Employee 150000 100000 50000 N $152,000 $89,700 $334,800 825 Size of Unit1000 1200 Two -Person Household Earning 120% AMI $300.00 $275.00 $250.00 $225.00 Gap Per $200.00 Square Foot $175.00 $150.00 $125.00 $100.00 $279.00 Size of Unit The gaps shown above do not include an administrative fee or averaging. Town of Vail Page 10 4/5/2016 • Adjust the Administrative Fee The Town of Vail charges an administrative fee of $3.65 per square foot or $3,000 per employee to be housed. Based on the obligation the Town assumes to provide new deed restricted employee housing, with the acceptance of fees in lieu of providing the requisite employee housing, it may be appropriate to adjust the Town's administrative fee. The Town has not adjusted its administrative fee since it was established in 2007. All fee in lieu amounts collected, including the administrative fee go into the Capital Projects Fund with its own line item and project code in the Town Budget to be used for Buydowns and other employee housing - related activities. Conversely labor costs for the Town of Vail have increased a total of 30.128% since 2008, according to the Human Resources Department. This averages to 3.766% per year over that time. If we were to apply the simple average interest rate to the initial fee in lieu amount of $3000 per employee set in 2007, then the result would be that the administrative fee would have grown to $3,804.00. At the same rate of increase the square foot price would have increased to $4.89 over that same period. Fee Increase Using Rate of Income Growth $4,000 $3,900 $3,800 $3,700 Dollar $3,600 Amount $3,500 $3,400 $3,300 $3,200 $3,100 $3,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 Year Remove the Averaging Provision In 2010, the Town of Vail amended the calculation methodology for fees in lieu to include a provision that averages the current year's actual fees in lieu with the two previous year's actual fees in lieu. The averaging provision was adopted to provide greater predictability and less volatility from year to year in the fee in lieu amounts. The following table shows how averaging has impacted the fee in lieu amounts adopted by the Town since averaging was established in 2010. Town of Vail Page 11 4/5/2016 Year Fee in Lieu per Employee Fee in Lieu per Employee averaged. Fee in Lieu er Fee in Lieu per .. 2016 $89,167 $87,717 $162.00 $157.65 $106,767 $71,899 $194.00 $128.98 $61,050 $51,800 $109.65 $92.65 $44,850 $74,481 $79.65 $134.65 $49,500 $84,298 $88.65 $137.65 $129,094 $177,533 $232.65 $240.65 $71,299 $189,990 $90.65 $236.65 oil $329,206 n/a $398.65 n/a $166,464 n/a $301.65 n/a $131,385 n/a $236.65 n/a IX. STAFF RECOMMENDATION Staff recommends the Vail Town Council continue to utilize the market affordability gap methodology and averaging it with the previous two-year actual amounts for the following reasons: • The data is readily available and transparent. • Reflects changes in land and construction cost since they adjust to market conditions. • It has been tested legally in Colorado and found to be reasonable and sound. • Averaging the fees amount over three years provides property owners with greater predictability and less volatility in any fees that would be owed. Staff also recommends that HOA fees not be included within the 20% cost factor subtracted from the affordable monthly payment to arrive at the maximum mortgage payment in the calculations for the affordability gap, since such fees have grown disproportionately higher than incomes. The HOA fees vary significantly and can significantly lower the portion of gross income available for the mortgage payment. This factor needs to be studied to determine a reasonable percentage to subtract from the affordable monthly payment used in the calculation. Staff recommends amending the variables in the calculation methodology to meet the housing needs or affordability gap of the Town's target households as follows: <80% AMI with a target median unit size of 900 sq. ft. 81% to 100% AMI with a target median unit size of 1000 sq. ft. 101 % to 120% AMI with a target median unit size of 1200 sq. ft. Staff recommends tying the administrative fees to increases in the labor costs incurred by the Town annually. Town of Vail Page 12 4/5/2016 X. ACTION REQUESTED OF TOWN COUNCIL Provide direction on the Town's target households for fee in lieu dollars. With this direction staff will return to Town Council with options for amending the fees in lieu calculations to bridge the affordability gap of the Town's target households. • Is 120% AMI the Town's target households for fees in lieu dollars? o Staff has recommends using a variety of AMI levels to better meet the housing needs and affordability gap for a wider range of incomes. • If the target AMI is amended, should the size of unit be amended? o Staff has recommends using different unit sizes for different AMI levels to better reflect the housing needs of different income levels. • Are the current administration fees adequate for the obligation being assumed by the Town with acceptance of fees in lieu? o Staff has recommends an inflation factor to the administrative fee charged. • Are the benefits of averaging the fee over three years sufficient to maintain the averaging requirement? o Staff has recommended keeping the averaging provision for predictability and less volatility. • Is the addition of HOA fees within 20% housing cost factor used in determining the affordable mortgage payment reasonable. o Staff recommends not adding HOA fees to the 20% housing cost factor and further recommends studying this element to determine a reasonable percentage to be used for HOA fees in addition to home owner's insurance and property taxes. Town of Vail Page 13 4/5/2016 ATTACHMENT A 2015 2015 FEES IN LIEU CALCULATION The fee in lieu amount is to be established annually by the Vail Town Council. The amount is intended to bridge the gap between what a two -person household earning 120% of Eagle County Area Median Income (AMI) can afford to purchase and the median price of an 825 square foot home in Vail (i.e., the affordability gap). • An administrative fee is added to the calculated affordability gap. • The fee in lieu amount is set by averaging the current year's gap with the two prior year's actual fees in lieu amount. Fee in Lieu Calculation Formula 120% Area Median Income (2 -person household)* $ 82,800 Affordable Monthly Housing Payment $ 2,070 Property Taxes/Insurance/HOA (20% of Housing Payment) $ 414 Mortgage Payment $ 1,656 Maximum Mortgage Amount $291,500 Affordable Purchase Price $306,800 Square Feet of Unit 825 2015 Median Price per Square Foot (all units)** $ 566 Cost per Unit $466,950 Affordability Gap/Payment per Unit in Lieu $160,150 ***Assumes 5% down, 5.5% interest for 30 years. Gap per Employee (1.5 employees/household on average) $106,767 2014 Gap per Employee (not averaged) $ 58,217 2013 Gap per Employee (not averaged) $ 41,850 Administrative Fee per Employee $ 3,000 Fee per Square Foot per Employee $194.00 2014 Fee per Square Foot per Employee (not averaged) $106.00 2013 Fee per Square Foot per Employee (not averaged) $ 76.00 Administrative Fee per Square Foot per Employee $ 3.65 Fee in Lieu per Employee Fee in Lieu per Square Foot (Note — these figures to be established annually by the Vail Town Council) * As published by the US Department of Housing and Urban Development ** Calculated using 2016 Eagle County Assessor's Data Base data *** Rounded to the nearest dollar Town of Vail $71,945 *** $128.98 Page 14 4/5/2016 ATTACHMENT B 2014 2014 Fee in Lieu Calculation Formula 120% Area Median Income (2 -person household)* $ 83,520 Affordable Monthly Housing Payment $ 2,088 Property Taxes/Insurance/HOA (20% of Housing Payment) $ 418 Mortgage Payment $ 1,670 Maximum Mortgage Amount $294,000 Affordable Purchase Price $309,500 Average Square Feet of Units 825 2013 Median Price per Square Foot (all units)* $ 481 Cost per Unit $396,825 Affordability Gap/Payment per Unit in Lieu $ 87,325 ***Assumes 5% down, 5.5% interest for 30 years Gap per Employee (1.5 employees/household on average) $ 58,217 2013 Gap per Employee (not averaged) $ 41,850 2012 Gap per Employee (not averaged) $ 46,500 Administrative Fee per Employee $ 3,000 Fee per Square Foot per Employee $106.00 2013 Fee per Square Foot per Employee (not averaged) $ 76.00 2012 Fee per Square Foot per Employee (not averaged) $ 85.00 Administrative Fee per Square Foot per Employee $ 3.65 Fee in Lieu per Employee Fee in Lieu per Square Foot $51,856' $92.65 (Note -these figures to be established annually by the Vail Town Council) * As published a n n u a I I y by the US Department of Housing and Urban Development ** Calculated using 2013 Eagle County Assessor's Data Base data *** Rounded to the nearest dollar Town of Vail Page 15 4/5/2016 GLOSSARY OF TERMS Administrative Fee — A fee charged to offset the cost incurred to process applications for programs or changes requested. Affordability Gap — The difference between prevailing market prices and what targeted income households can afford to pay for housing. Affordable Monthly Payment — Housing costs which are no more than 30% of gross monthly income at any given AMI level, thereby not overburdening the household budget. Affordable Purchase Price — The highest priced property that a given AMI Household can purchase given the maximum mortgage amount they can pay based upon using only 30% of their gross monthly income for housing. AMI — Area Median Income — the median family or household income set for a given area by HUD to determine income eligibility for funding programs. Average square Feet of Units — The average size of all units sold in a given area overall or for specific income ranges. EHU — Employee Housing Units are deed restricted for -sale or rental units, which require occupancy by a full-time employee, working a minimum of 30 hours per week in Eagle County. Restrictions vary based upon when the deed restriction was implemented and how it is worded. Commercial Linkage — A zoning ordinance requiring that commercial development supply housing (or pay a fee in lieu) for 20% of the employees in jobs generated by the net new square footage in any development or redevelopment of commercial property. Job generation rates are in the ordinance in accordance with the Nexus Analysis adopted by the town in 2006. Inclusionary Zoning — A zoning ordinance requiring that for new residential development or expansion of existing square footage of homes in certain zone districts include employee housing units within their developments (on-site), create employee housing in an off-site location, or pay a fee in lieu towards the creation or preservation of employee housing based upon 10% of the total net new square footage developed or expanded. Fee in Lieu — A fee paid in place of a physical requirement of regulations, which can't otherwise be met. Market -rate Price — The cost of housing as set by the demand and supply of housing within a given area (Market). Median Price per Square Foot — The price at which there are 50% of all units sold at a price above and 50% of all units sold at a price below this specific point. Service Industry Employees — Any person employed in positions directly or indirectly related to the resort economy, e.g., ski lift operators, ski instructors, non -management hotel and restaurant staff, bus drivers, retail, etc. Town of Vail Page 16 4/5/2016 Tnwx OF vn' ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Resolution No. 7, Series of 2016, A Resolution Approving an Encroachment into an Existing View Corridor, Pursuant to Section 12-22-6, Encroachments into Existing View Corridors, Vail Town Code, to Allow for the Encroachment of an Addition to Villa Valhalla Building into View Point #5, Located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5 PRESENTER(S): Jonathan Spence, Planner ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request for an encroachment into View Corridor #5. BACKGROUND: The applicant is requesting the review for an encroachment into an existing view corridor to allow for a 250 square foot residential dormer addition to Unit 10 of the Villa Valhalla Building. STAFF RECOMMENDATION: On February 8, 2016, the Planning and Environmental Commission (PEC) recommended the Vail Town Council deny the proposed View Corridor Encroachment for an addition to Unit 10 of the Villa Valhalla Building with a vote of 5-1-0. ATTACHMENTS: Staff Memorandum Reolution No. 7 PEC Memorandum w/ att. February 8, 2016 February 8, 2016 PEC meeting results Additional Information dated February 19, 2016 4/5/2016 0 rowN of vain Memorandum TO: Vail Town Council FROM: Community Development Department DATE: April 5, 2016 SUBJECT: A request for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Villa Valhalla Building into View Point #5, located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150036) Applicant: Jose Pedro Valenzuela Rionda, represented by Pierce Architects Planner: Jonathan Spence I. SUMMARY The applicant, Jose Pedro Valenzuela Rionda, represented by Pierce Architects, is requesting the review of an application to allow for the encroachment of a residential dormer addition to Villa Valhalla Building into View Point #5. Pursuant to Section 12-22-4, Adopted View Corridors, Vail Town Code, the subject View Point #5 protects "A view of the Gore Range from Hanson Ranch Road just east of the Mill Creek Bridge and south of 302 Gore Creek Drive, the Mill Creek Court Building. " The existing Villa Valhalla Building frames the southern side of this view corridor and the topography on the north side of Interstate 70 frames the northern side of the view corridor. The applicant is proposing a 250 sq. ft. addition to Unit 10 of the Villa Valhalla Building. The proposed dormer addition is located at the west end of the northernmost roof slope of the building. The exterior wall of the subject addition is proposed to extend to the north eight feet six inches (8'-6") into the view corridor when viewed from the View Point's origin. This encroachment is defined by the limits of the view corridor's dimensions, namely the existing roofline of the Villa Valhalla and a vertical line extrapolated from the northern edge of the window trim of Unit # 10's west elevation window. A portion of the encroachment cannot be seen from the view point due to the existing Founder's Parking Garage Structure encroachment. 4/5/2016 II. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On February 8, 2016, the Planning and Environmental Commission (PEC) recommended the Vail Town Council deny the proposed View Corridor Encroachment for an addition to Unit #10 of the Villa Valhalla Building with a vote of 5-1-0. This recommendation was based upon the review of the criteria outlined in Section VII of the February 8, 2016 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. Specifically, the PEC members found that required criteria #2, #3 and #5 were not met. Please see the PEC Meeting Results included as Attachment C for additional detail on the PEC discussion. During the review and deliberations by the PEC on this application, some members of the commission expressed difficulties evaluating the proposal without understanding how the Founder's Parking Garage Structure encroachment affects the validity of the view corridor. The Vail Town Code (Code) provides two separate processes for alterations to established view corridors. These separate processes are Amendments and Encroachments into Existing View Corridors (Encroachment), Sec. 12-22-5 and 12-22- 6, respectively. An Amendment results in the permanent alteration of the dimensions of a given view corridor. In contrast, an Encroachment allows construction within the corridor but does not alter the dimensions of the corridor, as the approval for encroachment sunsets with future redevelopment (demo/rebuild). Some members of the PEC expressed that the analysis of the proposed Villa Valhalla encroachment would be more appropriate after the Town Council provided direction, perhaps through the Amendment process, on the validly of View Point #5. A question raised was whether the Founder's Parking Garage Structure Encroachment, if processed as either an Amendment or an Encroachment, would affect the discussions and deliberations of the proposed Villa Valhalla encroachment. One option available to the Town Council prior to acting on the application would be to direct staff to process an Amendment or Encroachment application for the Founder's Parking Garage. A resolution of the existing garage encroachment issue could provide decision makers with a better understanding of the potential impact of view corridor encroachment proposals. III. BACKGROUND According to the Eagle County Assessor, the Villa Valhalla Building was constructed in 1966. On December 27, 1967, a condominium map of the constructed Villa Valhalla Building was recorded with the Eagle County Clerk and Recorder. On August 4, 1992, the Vail Town Council adopted Ordinance No. 18, Series of 1992, which in part established Chapter 18.73 (now known as 12-22), View Corridors, Vail Town Code, for the purpose of protecting views within the Town of Vail. The Villa Valhalla Building serves as the southern boundary of this view corridor. This request is the first requested encroachment into this view corridor. The Founders Parking Garage structure, approved and constructed in 2004/2005 encroaches significantly into this Town of Vail Page 2 4/5/2016 view corridor. It appears from the historical files that the encroachment was not processed as required by the Vail Town Code. IV. NEW INFORMATION In an attempt to greater quantify the encroachment into View Point #5 by the proposed dormer addition, the applicant has provided exhibits and calculations that show the encroachment as a percent of the overall view area. These additional materials are included as Attachment D. V. ACTION REQUESTED OF THE TOWN COUNCIL Should the Vail Town Council choose to deny the request for the encroachment of an addition to the Villa Valhalla Building into View Point #5, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council denies the request for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Villa Valhalla Building into View Point #5, located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto" Should the Vail Town Council choose to deny the request for the encroachment of an addition to the Villa Valhalla Building into View Point #5, the Planning and Environmental Commission recommends the Council make the following findings: ""Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated February 8, 2016 and the evidence and testimony presented and the evidence and testimony presented, the Vail Town Council finds: Town of Vail 1. That the literal enforcement of Section 12-22-3, Limitations on Construction, Vail Town Code,.LAould preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant does comply with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. Page 3 4/5/2016 5. That the proposed structure will diminish the integrity or quality nor compromise the original purpose of the preserved view." V. ATTACHMENTS A. Draft Resolution No. 7, Series of 2016 (to accompany an affirmative action) B. PEC Memorandum, dated February 8, 2016, with attachments C. February 8, 2016 PEC meeting results D. Additional Encroachment Information dated February 19, 2016 Town of Vail Page 4 4/5/2016 Resolution No. 7 Series of 2016 A RESOLUTION APPROVING AN ENCROACHMENT INTO AN EXISTING VIEW CORRIDOR, PURSUANT TO SECTION 12-22-6, ENCROACHMENTS INTO EXISTING VIEW CORRIDORS, VAIL TOWN CODE, TO ALLOW FOR THE ENCROACHMENT OF AN ADDITION TO VILLA VALHALLA BUILDING INTO VIEW POINT #5, LOCATED AT 384 GORE CREEK DRIVE, UNIT 10/LOT J, BLOCK 5A, VAIL VILLAGE FILING 5 WHEREAS, on August 4, 1992, the Vail Town Council adopted Ordinance No. 18, Series of 1992, which, in part, established Chapter 18.73 (now known as 12-22), View Corridors, Vail Town Code, for the purpose of protecting views within the Town of Vail. This chapter of the Town's zoning regulations has subsequently been amended numerous times; WHEREAS, Section 12-22-6, Encroachments Into Existing View Corridors, sets forth the procedures for review of applications to encroach into existing view corridors; and, WHEREAS, according to the Eagle County Assessor, the Villa Valhalla Building was constructed in 1966; WHEREAS, owners of real property in the Lionshead Centre Building have submitted an application to encroach into an existing view corridor to allow for an 250 square foot residential addition to Unit #10 of the Villa Valhalla Building; WHEREAS, on February 8, 2016 the Town of Vail Planning and Environmental Commission held a public hearing on the application to allow for an encroachment into an existing view corridor as requested; WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of denial (5-1-0) to the Town Council for the proposed view corridor encroachment; WHEREAS, the Vail Town Council finds and determines that the applicant has demonstrated by clear and convincing evidence that the encroachment meets all of the criteria listed in Section 12-22-6 (C) of the Vail Town Code; WHEREAS, the Vail Town Council finds and determines that the encroachment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and WHEREAS, the Vail Town Council finds and determines that the encroachment promotes the health, safety, morals, and general welfare of the town Resolution No. 7, Series 2016 -1- 4/5/2016 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. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1. APPROVAL An encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of a residential addition into View Point #5, at the Villa Valhalla Building, located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150036) is hereby approved subject to Section 2, Conditions of Approval, herein. SECTION 2. CONDITIONS OF APPROVAL 1. Approval of this encroachment into an existing view corridor is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. Approval of this encroachment into an existing view corridor shall become null and void upon the demolition of the Villa Valhalla Building. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5t" day of April, 2016. ATTEST: Patty McKenny, Town Clerk Resolution No. 7, Series 2016 -2- Dave Chapin, Mayor 4/5/2016 TOWN OF VAIL t Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 8, 2016 SUBJECT: A request for a recommendation to the Vail Town Council on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Villa Valhalla Building into View Point #5, located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150036) Applicant: Jose Pedro Valenzuela Rionda, represented by Pierce Architects Planner: Jonathan Spence SUMMARY The applicant, Jose Pedro Valenzuela Rionda, represented by Pierce Architects, is requesting the review of an application to allow for the encroachment of a residential dormer addition to Villa Valhalla Building into View Point #5. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, for this view corridor encroachment application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST Pursuant to Section 12-22-4, Adopted View Corridors, Vail Town Code, the subject View Point #5 protects "A view of the Gore Range from Hanson Ranch Road just east of the Mill Creek Bridge and south of 302 Gore Creek Drive, the Mill Creek Court Building." The existing Villa Valhalla Building frames the southern side of this view corridor and the topography on the north side of Interstate 70 frames the northern side of the view corridor. The applicant is proposing a 250 sq. ft. addition to Unit 10 of the Villa Valhalla Building. The proposed dormer addition is located at the west end of the northernmost roof slope of the building. The exterior wall of the subject addition is proposed to extend to the north eight feet six inches (8'-6") into the view corridor when viewed from the View Point's origin. This encroachment is defined by the limits of the view corridor's dimensions, namely the existing roofline of the Villa Valhalla and a vertical line extrapolated from the 4/5/2016 northern edge of the window trim of Unit # 10's west elevation window. A portion of the encroachment cannot been seen from the view point due to the existing Founder's Parking Garage Structure encroachment. A vicinity map (Attachment A), proposed view corridor encroachment (Attachment B), the applicant's request (Attachment C) and the Design Review Board (DRB) Plan Set (Attachment D), have been attached for review and inclusion in the record. III. BACKGROUND According to the Eagle County Assessor, the Villa Valhalla Building was constructed in 1966. On December 27, 1967, a condominium map of the constructed Villa Valhalla Building was recorded with the Eagle County Clerk and Recorder. On August 4, 1992, the Vail Town Council adopted Ordinance No. 18, Series of 1992, which in part established Chapter 18.73 (now known as 12-22), View Corridors, Vail Town Code, for the purpose of protecting views within the Town of Vail. The Villa Valhalla Building serves as the southern boundary of this view corridor. This request is the first requested encroachment into this view corridor. The Founders Parking Garage structure, approved and constructed in 2004/2005 encroaches significantly into this view corridor. It appears from the historical files that the encroachment was not processed as required by the Vail Town Code. IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for forwarding to the Town Council a recommendation on any view corridor encroachment or amendment application, in accordance with the provisions of Chapter 12-22, View Corridors, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a view corridor encroachment or amendment application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council is responsible for the final approval, approval with modifications, or denial of a view corridor encroachment or amendment application. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board under certain conditions. Town of Vail Page 2 4/5/2016 V. APPLICABLE REGULATIONS VAIL LAND USE PLAN CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 4. Village Core/ Lionshead 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 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. Town of Vail Page 3 4/5/2016 TITLE 12: ZONING REGULATIONS CHAPTER 12-21: VIEW CORRIDORS (IN PART) 12-22-1: PURPOSE: The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. 12-22-3: LIMITATIONS ON CONSTRUCTION: No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12-22-6 of this chapter. 12-22-4: ADOPTION OF VIEW CORRIDORS: Photographs on record with the department of community development and the following legal descriptions are hereby approved and adopted as official view corridors protecting views within the town. The photographs taken represent the boundaries defined by the legal descriptions. The camera used to take the photographs was held five and four - tenths feet (5.4) above the instrument, which is approximate eye level for most adults. A thirty five millimeter (35 mm) camera was used for each photograph; however, once developed, some photographs were cropped or enlarged to improve the graphic representation of each view corridor. Town of Vail Page 4 4/5/2016 D. View Point #5: A view of the Gore Range from Hanson Ranch Road just east of the Mill Creek Bridge and south of 302 Gore Creek Drive, the Mill Creek Court Building. 1. Purpose: To protect views of the Gore Range as seen from Hanson Ranch Road and East Gore Creek Drive. 2. Instrument; View Point #5 - A #6 rebar with 21/2 inch diameter aluminum cap marked V.P. 5 (PLS 16827) set in an aluminum monument box in Hanson Ranch Road in front of the Mill Creek Court Building. 3. Backsight: #4 rebar with aluminum cap (LS 2568) in iron "Landmark" monument box marking center line of Hanson Ranch Road - box is just west of Mill Creek in front of the Cyrano's Building at 298 Hanson Ranch Road. 4. Height Of Survey Transit Above View Point #5: 5.4 feet. 5. Table: Horizontal Zenith Angle Angle Fore t Point On Photo As Of Nov. 15. 1991 199003'06" 8102349" I A - intersection of southerly utility pole with ridge line 204006'43" 85010'40"—1 B1 - intersection of northerly extension of Garden of the Gods Building, roof line with hillside ridge line r 206°00'02" 85010'40" B2 - northern end of roof line of the Garden of the Gods Building, 365 Vail Valley Drive 208012'53" 85010'40" C1 - intersection of southerly extension of the Garden of the Gods building roof line and the Villa Valhalla roof line, i 360 Hanson Ranch Road 208033'36" 84°55'50" C2 -northwest corner of the Villa Valhalla at roof fascia 210041'41" 84001'47" D - intersection of top of the Villa Valhalla roof fascia and the upward extension of the north edge of the trim on the window column i 210041'41" 82-0151" E - the upward extension of the north edge of the trim on the window column on the Villa Valhalla to a point above the horizon Town of Vail Page 5 4/5/2016 View Corridor Exhibit at time of Inception (1992) 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. C. Criteria for Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of section 12-22-3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. Town of Vail Page 6 4/5/2016 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. VI. SITE ANALYSIS — Villa Valhalla Building Address: 384 Gore Creek Drive Legal Description: Lot J, Block 5A, Vail Village Filing 5 Zoning: Public Accommodation (PA) Land Use Designation: Vail Village Master Plan Mapped Geological Hazards: None Lot Area: 13,608 sq. ft. (0.312 acres) Development Allowed/Required Existing Proposed Change Standard Lot/Site Area 10,000 sq. ft. 13,608 sq. ft 13,608 sq. ft No buildable Change Gross 20,412 sq. ft. 12,776 sq. ft 13,026 sq. ft. 250 sf. Residential T Floor Area GRFA Parking 17 spaces Offsite 17 spaces No Change Dwelling 25 du/acre (7.8 38 du/acre (12 38 du/acre (12 No Units (DUs) du max) Units) Units) Change Height 48 feet 41 feet 41 feet No change Site 8,845 sq. ft. 5,765 sq. ft. 5,765 sq. ft. No Coverage 65% 42% 42% change Landscaping 4,082 sq. ft. 4,755 sq. ft. 4,755 sq. ft. No 30% 35% 35% change Town of Vail Page 7 4/5/2016 VII. REVIEW CRITERIA Before acting on a view corridor encroachment, the Planning and Environmental Commission shall consider the following factors with respect to the proposal: 1. That the literal enforcement of Section 12-22-3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. The Villa Valhalla Building was constructed in 1966. The original construction of this building pre -dates the Town's 1992 adoption of view corridors in Vail Village. The applicant is proposing a 250 sq. ft. addition to Unit 10 of the Villa Valhalla Building. The proposed addition is located on the north side of the existing building and will allow the expansion of the existing unit to improve its functional characteristics. The dormer is the only practical means available to increase the value and usefulness of the unit. The literal enforcement of the view corridor regulations would prohibit this reasonable expansion. Therefore, Staff finds the proposed encroachment into an existing view corridor meets this review criterion. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. The proposed encroachment into View Point #5 includes an exterior wall encroachment of 8"-6" to facilitate the construction of the dormer addition on the north side of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the Gore Range. As shown on the exhibit below, the existing Founders Parking Garage encroachment has altered the view corridor significantly. Town of Vail Page 8 4/5/2016 Based upon a review of Section 12-22-1, Purpose, Vail Town Code: Staff finds that the proposed encroachment into existing View Point #5 will not diminish the civic pride or the public interest of the town. Staff finds that the proposed encroachment will not detract from the enjoyment or environmental enrichment of the existing view corridor for Vail's residents or guests. Staff finds that the proposed encroachment will not weaken or eliminate the town's unique environmental heritage or attributes. Staff finds that the proposed view corridor encroachment will not diminish the aesthetics or economic vitality and values of the town. Staff finds that the proposed encroachment maintains the existing character and design of the Villa Valhalla Building which is compatible with the surrounding natural and built environment and provides adequate natural light to buildings and public spaces in the vicinity. Town of Vail Page 9 4/5/2016 Staff finds that the proposed encroachment continues to preserve the remaining views of the Gore Range and its traverse that contribute to the community's sense of place. Therefore, Staff finds the proposed encroachment into the existing view corridor does not defeat the purposes of Section 12-22-1, Purpose, Vail Town Code, as outlined in Section V of this memorandum, and the proposed encroachment is consistent with this review criterion. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. As identified above, the proposed encroachment into View Point #5 includes an exterior wall encroachment of 8'-6" to facilitate the construction of an addition to the subject building. Staff believes the proposed encroachment is minor in scope and will have a minimal impact on the pedestrian experience, as demonstrated by Figure #4 of the applicant's submittal. Please see page 5 of the Applicant's submittal, included as Attachment C. Due to the existing encroachments into the view corridor coupled with the scope of the proposed encroachment, staff finds the proposed view corridor encroachment will not be detrimental to the enjoyment of the public pedestrian areas, public ways, public spaces, or public view consistent with this review criterion. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed encroachment into View Point #5 includes an exterior wall encroachment of 8'-6" to facilitate the construction of an addition to the north of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the Gore Range that remain as a result of the Founders Garage encroachment. The 250 sq. ft. proposed addition to Unit 10 of the Villa Valhalla Building increases the total gross residential floor area (GRFA) of the building from 12,776 sq. ft. to 13,026 sq. ft. This proposed GRFA is under the maximum GRFA of 20,412 sq. ft. allowed by Section 12-7A, Public Accommodation (PA) District, Vail Town Code. Because the property is over on its allowable number of units per acre for the zone district, the applicant is utilizing the allowances of Section 12-15-5 Additional Gross Residential Floor Area (250 Ordinance) to facilitate the improvement. The proposed addition causes no change to the existing setbacks, height, site coverage, landscaping area, or parking of the Villa Valhalla Building. Town of Vail Page 10 4/5/2016 Therefore, Staff finds the proposed encroachment into View Point #5 is consistent with this criterion. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. As identified above, the proposed encroachment into View Point #5 includes an exterior wall encroachment of 8'-6" to facilitate the construction of a dormer addition to the north side of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the Gore Range. Therefore, Staff finds the proposed encroachment will not diminish the integrity or quality of the subject view corridor, nor will the proposed encroachment compromise the original purpose of the preserved view. Therefore, Staff finds the proposed encroachment to be consistent with this review criterion. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, for an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Villa Valhalla Building into View Point #5, located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this encroachment into an existing view corridor, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental forwards the Vail Town Council a recommendation of approval for an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Villa Valhalla Building into View Point #5, located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this encroachment into an existing view corridor, the Community Development Department recommends the Commission recommends the following conditions: Town of Vail Page 11 4/5/2016 1. Approval of this encroachment into an existing view corridor is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. Approval of this encroachment into an existing view corridor shall become null and void upon the demolition of the Villa Valhalla Building. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this encroachment into an existing view corridor, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Sections Vll of the Staff memorandum to the Planning and Environmental Commission dated January 25, 2016, and the evidence and testimony presented, the Planning and Environmental Commission finds: The applicant has demonstrated by clear and convincing evidence that the encroachment into an existing view corridor meets all of the following criteria: 1. That the literal enforcement of Section 12-22-3, Limitations on Construction, Vail Town Code, would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view." IX. ATTACHMENTS A. Vicinity Map B. Proposed View Corridor Encroachment Exhibit C. Applicant's Request D. Villa Valhalla Unit #10 DRB Dormer Plans Town of Vail Page 12 4/5/2016 4.1 it • * m 004 SON R 1 j / �_ ,. VIEW CORRIDOR FOUN RIDGE BELO' VIEW; AJ 4/5/2016 William F. Pierce, Architect Tyson Dearduff, Director of Architecture Kathy Heslinga, Office Manager Villa Valhalla Unit 10: View Corridor Encroachment A. Introduction PIERCE ARCHITECTS VAIL, COLORADO The owner of Unit 10 in Villa Valhalla is proposing a dormer addition as a means of adding 250 sq. ft. of GRFA to their unit. The proposed dormer and additional floor area are located within the existing footprint of Villa Valhalla. The project is currently under conceptual review by the Design Review Board. The proposed dormer is located on the west end of the northernmost roof slope of the Villa Valhalla building at 384 Gore Creek Drive, as shown in Figure 1. It is clear from the definitions and original photograph of View Point #5 (section 12-22-4, paragraph D of the Vail, Colorado Town Code) that part of the proposed dormer will encroach into View Corridor #5. Figure 2 shows the boundary of the view corridor coinciding with the lower section of the western edge of the north roof (between points C2 and D). Because the dormer is so close to this edge, a small part of it will be visible from the view point. F•7 -.- —...—r---- --....—. — 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 www.vailarchitects.com 4/5/2016 William F. Pierce, Architect PIERCE ARCHITECTS Tyson Dearduff, Director of Architecture Kathy Heslinga, Office Manager VAIL, COLORADO Figure 2. View Corridor #5 A rendering of the encroachment is shown in Figure 3 with a current photograph of the view corridor from fall of 2014. A new lamp post and building block most of the Villa Valhalla building, along with a majority of the proposed dormer. The only visible portion of the dormer within the View Corridor is shown in grey. 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 www.vailarchitects.com 4/5/2016 William F. Pierce, Architect PIERCE ARCHITECTS Tyson Dearduff, Director of Architecture Kathy Heslinga, Office Manager VAIL, COLORADO Figure 3. View Corridor with encroachment, Fall 2014 B. Criteria for Encroachment The review criteria for an encroachment into an adopted view corridor are provided in the Vail Town Code as follows: 12-22-6-C. "Criteria for Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of this chapter would preclude a reasonable development of a proposed structure on the applicant's land." 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 www.vailarchitects.com 4/5/2016 William F. Pierce, Architect PIERCE ARCHITECTS Tyson Dearduff, Director of Architecture Kathy Heslinga, Office Manager VAIL, COLORADO A dormer addition in this location is one of the few reasonable means of adding floor area to Unit 10. The form of this dormer addition was chosen to minimize the volume needed to allow for practical use of the upper floor of Unit 10. Unit 10 is the only unit in the building where a similarly sized dormer addition would encroach into this view corridor. A similar dormer added to Unit 9 (the unit east of Unit 10), for example, would not encroach into the view corridor. 2. "That the development of the structure by the applicant would not be such as to defeat the purpose of this chapter." The purposes of the View Corridor chapter are stated in the Vail Town Code as follows: "12-22-1: Purpose: The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: 1. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. 2. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. 3. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. 4. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. 5. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 www.vailarchitects.com 4/5/2016 William F. Pierce, Architect PIERCE ARCHITECTS Tyson Dearduff, Director of Architecture Kathy Heslinga, Office Manager VAIL, COLORADO natural light to buildings and in public spaces in the vicinity of the view corridors. 6. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. (Ord. 18(1992) § 1)" Because the encroachment is limited and does not block the view of the Gore Range that this adopted view corridor protects, the view corridor and all of its benefits and purposes as stated above will be preserved. 3. "That the development proposed by the applicant would not be detrimental to the enjoyment of the public pedestrian areas, public ways, public spaces, or public views." The impact to the enjoyment of the public pedestrian areas, ways, spaces, and views around the encroachment would be nearly imperceptible. The dormer will match the slope and west edge of the existing dormer on the south side of the ridge (see Figure 1). Figures 4 and 5 show street level views of the building and demonstrate the small visual impact of the proposed dormer. If anything, the new dormer provides visual interest on an otherwise large, unbroken roof plane. Figure 4. Existing Villa Valhalla building from street level 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 www.vailarchitects.com Figure 5. Proposed dormer 4/5/2016 William F. Pierce, Architect PIERCE ARCHITECTS Tyson Dearduff, Director of Architecture Kathy Heslinga, Office Manager VAIL, COLORADO 4. "That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. (Ord. 10(2012) § 2: Ord. 29(2005) § 49: Ord. 18(1992) § 1)" The original purpose of the preserved view is stated in the Vail Town Code as follows: 12-22-4-D. "View Point #5: A view of the Gore Range from Hanson Ranch Road just east of the Mill Creek Bridge and South of 302 Gore Creek Drive, the Mill Creek Court Building. 1. Purpose: To protect views of the Gore Range as seen from Hanson Ranch Road and East Gore Creek Drive." The small size of the encroachment maintains the existing views of the Gore Range depicted in the view corridor (Figure 3). The Gore Range is only visible to the left of a stand of large evergreen trees. These trees are situated directly behind the proposed encroachment, rendering the encroachment insignificant. 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 P: 970.476.6342 F: 970.476.4901 www.vailarchitects.com 4/5/2016 STANDARD ABBREVIATIONS ABVABOVE PIERCE ARCHITECTS ELEV ELEVATOR LIN LINEN RS ROUGH SAWN ACOUS ACCOUSTICAL EM EMERGENCY OUTLET LKR LOCKER RWC RAINWATER CONDUCTOR ACT ACCOUSTICAL CEILING TILE EMER EMERGENCY LLH LONG LEG HORIZONTAL Wr ADD ADDENDUM ENG ENGINEER LLV LONG LEG VERTICAL S SOUTH ADJ ADJUSTABLE EOS EDGE OF SLAB LT LIGHT SC SOLID CORE AFF ABOVE FINISHED FLOOR EQ EQUAL LTL LINTEL SCD SEAT COVER DISPENSER AFG ABOVE FINISHED GRADE EQUIP EQUIPMENT LTWT LIGHTWEIGHT SCHED SCHEDULE AS AGGREGATE EXIST EXISTING LVR LOUVER SD SOAP DISPENSER AL ALUMINUM EXP EXPANSION SECT SECTION ALT ALTERNATE EXT EXTERIOR M MASTER SF SQUARE FEET ANCH ANCHOR MACH MACHINE SGLT STRUCTURAL GLU-LAM TIMBER APPROX APPROXIMATELY FAS FASTEN(ER) MAS MASONRY SHLVS SHELVES APSH ASPHALT FBO FURNITURE BY OWNER MAT MATERIAL SHR SHOWER ARCH ARCHITECTURAL FD FLOOR DRAIN MAX MAXIMUM SHT SHEET ASI ARCHITECTS SUPPLEMENTAL FDN FOUNDATION MECH MECHANICAL SHTG SHEATHING INSTRUCTIONS FE FIRE EXTINGUISHER MEP MECHANICAL, ELECTRICAL and SIM SIMILAR ATTEN ATTENUATION FEC FI RE EXTINGUISHER CABINET PLUMBING SPEC SPECIFICATION(S) AUTO AUTOMATIC FIFE FINISH FLOOR ELEVATION MFGR MANUFACTURER SQ SQUARE FFL FINISHED FLOOR LINE MH MAN HOLE SR SINK RECEPTACLE BD BOARD FHC FIRE HOSE CABINET MIN MINIMUM SS STAINLESS STEEL BDRM BEDROOM FIN FINISH(ED) MIR MIRROR SSK SERVICE SINK BEL BELOW FIX FIXTURE MISC MISCELLANEOUS SST STAINLESS STEEL BET BETWEEN FLG FLASHING MMB MEMBRANE ST STAIN BKT BRACKET FLR FLOOR(ING) MO MASONRYOPENING STA STATION BLDG BUILDING FLUOR FLUORESCENT MTD MOUNTED STD STANDARD BILK BLOCK FPHB FREEZE PROOF HOSE BIB MTL METAL STL STEEL BLR BOILER FR FIRE RESISTIVE MILL MULLION STO STORAGE BM BEAM FREZ FREEZER MW MICROWAVE STRUCT STRUCTUREor STRUCTURAL BO BY OWNER FIRM FRAME SUSP SUSPEND(ED) BOF BY OWNER, FUTURE FRP FIBERGLASS REINFORCED (N) NEW SV SHEET VINYL BOT BOTTOM PANELING) N NORTH SYM SYMMETRICAL BOW BOTTOM OF WALL FRT FIRE RETARDANT TREATED NIC NOT IN CONTRACT SYS SYSTEM BRG BEARNING FT FEET NO NUMBER BSMT BASEMENT FTG FOOTING NOM NOMINAL T TREADS FURR FURRING NTS NOT TO SCALE T&B TOP AND BOTTOM CAB CABINET FUT FUTURE T&G TONGUE AND GROOVE CAN CABLE TELEVISION FV FIELD VERIFY OA OVERALL TS TOWELBAR CB CATCH BASIN OC ON CENTER TEL TELEPHONE CCD CONSTRUCTION CHANGE GA GAUGE OD OUTSIDE DIAMETER THK THICK or THICKNESS DIRECTIVE GALV GLAVANIZED OFF OFFICE THR THRESHOLD CCN CLOSED CIRCUIT TELEVISION GB GRAB BAR OH OPPOSITE HAND THRU THROUGH CEM CEMENT GCMU GLAZED CONCRETE MASONRY OPG OPENING TO TOP OF CER CERAMIC UNIT(S) Opp OPPOSITE TOC TOP OF CONCRETE CFL COUNTERFLASHING GO GRADE OTO OUTSIDE -TO -OUTSIDE TOV TOWN OF VAIL CG CORNER GUARD GEN GENERAL TOW TOP OF WALL CIP CAST IN PLACE GFP GAS FIRE PLACE PAC PREVIOUSLY AWARDED TPH TOILET PAPER HOLDER CJ CONTROL JOINT GI GALVINIZED IRON CONTRACT TPTN TOILET PARTITION CK CAULKING) GL GLASS PARTN PARTITION TV TELEVISION CL CENTERLINE GND GROUND PFB PREFABRICATED TYP TYPICAL CLG CEILING GRT GROUT PH PHONE CLL CONTRACT LIMIT LINE GYP GYPSUM WALL BOARD PL PLATE UL UNDERWRITER'S LABORATORY CLOS CLOSET PLAM PLASTIC LAMINATE UNF UNFINISHED CLR CLEARANCE HE HOSE BIB PLAS PLASTER JON UNLESS OTHERWISE NOTED CMU CONCRETE MASONRY UNIT HC HOLLOW CORE PLNK PLANK UOS UNLESS OTHERWISE SPECIFIED CNTR COUNTER HD HEAD PLWD PLYWOOD UR URINAL CO CLEAN OUT HDCP HANDICAP(PED) PNL PANEL COL COLUMN HDRL HAND RAIL P PAINT V VACUUM CON CONCRETE HDW HARDWARE PINTO PAINTED VB VAPOR BARRIER CONN CONNECTION HDWD HARDWOOD PORC PORCELAIN VCP VITRIFIED CLAY PIPE CONST CONSTRUCTION HM HOLLOW METAL PR PROPOSAL REQUEST VCT VINYL COMPOSITION TILE CONT CONTINUOUS HORIZ HORIZONTAL PR PAIR VERT VERTICAL CONTR CONTRACT(OR) HR HOUR PROJ PROJECT VEST VESTIBULE CORR CORRIDOR HT HEIGHT PSF POUNDS PER SQUARE FOOT VIN VINYL CPT CARPET HTR HEATER PSI POUNDS PER SQUARE INCH VTR VENT TO ROOF CT CERAMIC TILE HVAC HEA TING, VENTILATION and AIR PTD PAPER TOWEL VWC VINYL WALL COVERING CTR CENTER CONDITIONING DISPENSER/RECEPTACLE CTSK COUNTERSINK PV PAVEMENT W WASHER D DRYER IBC INTERNATIONAL BUILDING CODE or INSTALLED BY CONTRACTOR QT QUARRYTILE W/ WITH DBL DOUBLE ID INSIDE DIAMETER W/O WITHOUT IN INCH R RISERS WATER -RES WATER RESISTANT DEPT DEPARTMENT WB WASTEBASKET DET DF DETAIL DRINKING FOUNTAIN INFO INSUL INFORMATION INSULATION or INSULATED RAD RD RADIUS ROOF DRAIN WC WATER CLOSET DIA DIAMETER INT INTERIOR RE REFER TO or REFERENCE WD WOOD DIAL DIAGONAL INTX INTERSECTION REC RECESS(ED) WF WIDE FLANGE DIM DIMENSION INV INVERT REF REFRIGERATOR or REFRIGERATED WIN WINDOW DN DOWN REINF REINFORCED WP WATERPROOFING) DR DRAIN JAN JANITOR REQ'D REQUIRED WPT WORKING POINT DS DOWNSPOUT JB JUNCTION BOX RES RESISTANT W WAINSCOT DW DISHWASHER JT JOINT RESIL RESILIENT WWWFF WELDED WIRE FABRIC DWG DRAWING RET RETAINING DWR DRAWER K.D. KNOCKDOWN REV REVISE, REVISED or REVISION K.O. KNOCKOUT RF RESILIENT FLOORING E EAST KIT KITCHEN RFG ROOFING EA EACH KPL KICK PLATE RFL REFLECTED EH EXHAUST FAN RL RAIN LEADER EJ EXPANSION JOINT LAB LABORATORY RM ROOM EL ELEVATION LAM LAMINATE RO ROUGH OPENING ELECT ELECTRICAL LAV LBL LAVATORY LABEL ROD ROOF OVERFLOW DRAIN DRAWING CONVENTIONS DETAIL DESIGNATOR SIM 1 DETAIL NUMBER A101 SHEET WHERE SHOWN BUILDING SECTION DESIGNATOR 1 SIM SECTION LETTER A101 SHEET WHERE SHOWN LEVEL INDICATOR NAME 50 ELEVATION "1111-N 100'-0" V SPOT ELEVATION INTERIOR ELEVATION DESIGNATOR 1--&-- ELEVATION NUMBER A601)I-- SHEET NUMBER DOOR DESIGNATOR DOOR NUMBER 101 - ROOM NUMBER O GRID LINE Room name 101 - ROOM NUMBER � REVISED AREA ' \ OF DRAWING EXTERIOR ELEVATION DESIGNATOR 1 ELEVATION NUMBER A301 -- SHEET NUMBER WALL TYPE 11 WINDOW DESIGNATOR VICINITY MAP 00 00 00 CONSTRUCTION • SPECIFICATION INSTITUTE SECTION NUMBER - REFER TO PROJECT MANUAL FOR PRODUCT SPECIFICATION 4'-5" FACE OF STRUCTURE TO FACE OF STRUCTURE OR EXISTING FINISH wr Seasons iesvrf V Fell Gallery ii BO[ � r Ail Li � lI Map data 19201, 5 Gongie PROPOSED DORMER PROJECT AREA OR4- G C a _ _ C " r M P�S�N N NrR6 � - N A r r ADMINISTRATIVE INFO. LEGAL DESCRIPTION OF PROPERTY: Situs Address 384 GORE CREEK DR. #10 Tax Area SC103 - VAIL (TOWN) - SC103 Parcel Number 2101-082-38-022 Legal Summary SUBDIVISION: VILLA VALHALLA CONDO UNIT: 10 PROJECT DIRECTORY ARCHITECT: PIERCE ARCHITECTS PIERCE ARCHITECTS BILL PIERCE, PIC ADDRESS 1650 FALLRIDGE RD., C1 A201 VAIL, COLORADO 81657 PHONE 970.476.6342 11/16/15 EMAIL BILL@VAILARCHITECTS.COM SHEET INDEX SHEET # DESCRIPTION BY DISCIPLINE ISSUE DATE ORDER G001 COVER SHEET PIERCE ARCHITECTS GENERAL 11/16/15 1 -GENERAL A101 PLANS PIERCE ARCHITECTS ARCHITECTURAL 11/16/15 8 - ARCHITECTURAL A201 ELEVATIONS PIERCE ARCHITECTS ARCHITECTURAL 11/16/15 8 - ARCHITECTURAL A901 3D VIEWS - EXTERIOR PIERCE ARCHITECTS ARCHITECTURAL 11/16/15 8 - ARCHITECTURAL VILLA VALHALLA UNIT 10 - DORMER ADDITION DESIGN REVIEW BOARD -CONCEPTUAL REVIEW DOCUMENTS 4/5/2016 J Q i Q J J Q J Q i Q J J i pw owl- 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 f.(970) 476-4901 p.(970)476-6342 COVER SHEET G001 z LSLJ LLI L Lu 0 �0 Fy Q w Wr � ry Q C) .; 0 a Q0 z0 G 00 M 0 U pw owl- 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 f.(970) 476-4901 p.(970)476-6342 COVER SHEET G001 NORTH ELEVATION - EXISTING 1/8" = 1'-0" WEST ELEVATION - EXISTING 1/8" = 1'-0" n EAST ELEVATION - EXISTING 1/8" = 1'-0" 4/5/2016 THIRD LEVEL LOFT ,1 26'- 81 /22"" THIRD LEVEL � 18'-0" V SECOND LEVE 1 _ FIRST LEVEL ,1 per" BASEMENT LEVE -9' -off THIRD LEVEL LOFT AL 26'- 8 1/2" V THIRD LEVEL 18' -per" 1 _SECOND LEVE 9' - 011 FIRST LEVEL � 0" �I BASEMENT LEVEL � -9' -off \'1 NORTH ELEVATION - PROPOSED 1/8" = 1'-0" I WEST ELEVATION - PROPOSED 1/8" = 1'-0" THIRD LEVEL LOFT 26'- 8 1 /2" — - _ THIRD LEVEL _ 18'-0" SECOND LEVEL ,1 9'-0�" FIRST LEVE 0° BASEMENT LEVEL ,1 7--= -91-0 V n EAST ELEVATION - PROPOSED 1/8" = V-0" L LOFT - 8 1/2" LEVEL � 18'-0" LEVEL 9'-0" LEVEL oilI LEVEL � 1IRD LEVEL LOFT 26'- 8 1/2" 1 THIRD LEVE 18'-0" SECOND LEVEL,11111 9'-0" � FIRST LEVEL 0" V ASEMENT LEVEL ,1 -9'-0" 1 NEW DORMER THIRD LEVEL LOFT ,1 26'- 8 1/2" THIRD LEVEL t 18'-0" w SECOND LEVEL 9'-0" 1 FIRST LEVEL ,1 o" BASEMENT LEVEL -9'-0" V pw wp-- 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 f.(970) 476-4901 p.(970)476-6342 ELEVATIONS A201 Z LL] LU LLJ Fy J 00 0 Q �w0 � ry Wr Z QUQ •; LL] LLI 0 a Q QO > Z 0� C� �00 0 U pw wp-- 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 f.(970) 476-4901 p.(970)476-6342 ELEVATIONS A201 !1 I i I I I I I i I ---- - ----- nlgldd�� POPP- s Cl !;4 a FPIERCE ARCHITECTS www. va i larch itects. com THIRD LEVEL LOFT PLAN - EXISTING 1/411 = 1'-0„ 4/5/2016 23'-10 1/2" THIRD LEVEL LOFT PLAN - PROPOSED 1/411 = 1'-0" ROOF PLAN - PROPOSED 1 if = 10'-0" J Q z ww wFy J >0 O J Q �w0 � ry Wr Z QUQ •; LU 0� LLI ry 0 a Q QO > z 0� C� Q75; 2i00 J O U FMwp-- 1650 Fallridge Road, Suite C-1 Vail, Colorado 81657 f.(970) 476-4901 p.(970)476-6342 A1 01 0 PLANNING AND ENVIRONMENTAL COMMISSION � TOWN Of VA1 February 8, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order Members Present Brian Gillette, Ludwig Kurz, John Rediker, Henry Pratt, John Ryan Lockman Members Absent: Kirk Hansen, Webb Martin SiteVisits: 1. Vail Cascade Resort & Spa - 1300 Westhaven Drive 2. Villa Valhalla, Unit 10 - 384 Gore Creek Drive 2. A request for the review of a variance from Section 11-6-3: Business Signs, Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to allow for a free standing business identification sign, located at 223 Gore Creek Drive (White Buffalo Restaurant, Creekside Condominiums)/Lot A, Block 513, Vail Village Filing 1, and setting forth details in regard thereto. (PEC160001) Applicant: White Buffalo Restaurant, represented by Elevation Resort Management Planner: Jonathan Spence Action: Approve with Conditions Motion: Rediker Second: Kurz Vote: 5-0-0 Jonathan Spence introduced the project. Free standing signs are not allowed without a variance. He showed photos of the location of the business. Line of sight to signage location would otherwise be difficult to see. He showed the location of past signs for menu boards. Staff recommends approval based on the criteria in the Town Code. Conditions of Approval include not allowing the menu board in this location. Pratt — Existing sign should come down if this is approved. Spence — Existing sign has a time limit. It must be removed before this sign is installed. Rediker — Are menu boards different from other signs? Spence — Yes, menu boards can be in other locations that primary signs cannot. David Segerdal — A number of restaurants have been in that space. It's hidden in spring and summer when trees bloom. A sign where the past menu board was located is not much to ask. Public Comment — None Gillette — Agree with staff recommendation, Rediker— Looking at criteria in 11-10-1, looks like we do have physical limitations, Kurz — Agree with comments made so far. 4/5/2016 Pratt — Agree with staff. 2. A request for a recommendation to the Vail Town Council on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Villa Valhalla Building into View Corridor #5, located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150036) Applicant: Jose Pedro Valenzuela Rionda, represented by Pierce Architects Planner: Jonathan Spence Action: Recommendation of Denial to Town Council as Criteria #2, #3, and #5 have not been met Motion: Gillette Second: Kurz Vote: 4-1-0 (Lockman opposed) Jonathan Spence introduced the topic and explained the different types of applications related to view corridors. One is an encroachment, and the other is a change to the view corridor. He explained with photos where the addition is proposed. Property is using the "250 Ordinance" to add square feet. He also showed images of how the view would be affected and where the encroachment would take place. Portion of the addition in the view corridor is a dormer on the roof. He reviewed the View Corridor Encroachment Criteria in the Town Code. Due to the Founders Garage already encroaching, the proposed encroachment is very minor and there are no other options for expansion of the condominium. Pratt — It would be good to get on record the reason that the Founders Garage was built as is. Spence- It appears to be an oversight that Founders Garage was built within the view corridor. Bill Pierce, Architect — Discussed some of the slides and photos and how the encroachment would be minimized. Space is partially used for sleeping spaces. Low headroom in this space. Height is about 66". We designed this to be as minimal impact as possible. Public Comment - Art Carroll, 385 Gore Creek Drive, 30 year resident. I stood on the view corridor point. If we have a view corridor, and someone takes a little bit, where does it stop, when does the Town stop selling itself? It takes fortitude to say no the first time, but easier to say no the second time. April Carroll — I stood in front of Troy's to see the encroachment. The trees are the encroachment now. After this, it will be built. Why have view corridors if we allow people to build into them? Final Comment - Lockman — I tend to agree with the public. Where do you stop? Applicant has shown the minimal amount that the proposed project will encroach. Agree with staff. Kurz — View corridors have been sacred over the past few years. This one is already encroached upon. Don't recall how this encroachment happened. Does it show in Town records? (Spence- No.) Hopeful there is another solution. Rediker — Difficult time with this encroachment. Embarrassment to the Town how this one happened at Founders Garage. Proposed encroachment is minor in nature, but an encroachment nonetheless. There are criteria we need to consider. Application needs to meet all other criteria. Difficulty seeing 4/5/2016 how it meets #2, protecting the view corridor. Struggling with #5 as well. Founders Garage has completely destroyed this view, but at some point we need to put our foot down. Not sure how I will vote. Gillette — Where do you stop? As I look at this, I ask how you get the view back. Founders Garage, its likely mechanical space on the top of that garage. It's possible to get this back from the Founders Garage, but not once you put up living space. Council should look at an amendment to the view corridor. Town Council should look at this to determine if they want to protect this view, by working with the Founders Garage. Use eminent domain to fix the mistake we made. Pratt — Brian makes a good point. View corridors have been sacrosanct. Appreciate attempts to minimize the impact. It's a tiny sliver, but then the next guy needs more encroachment. I don't think we can do this. If the Town Council wants to change the view corridor, that may be an impetus to approve this. Pierce — If the Council does not want to make any changes to the Founders Garage, would this be a minor encroachment? Would this be palatable if the Council decides not to make a change? Pratt — If Council decides not to make a change, I would not support this application Gillette — If Council redraws the line to be above the Founders Garage. Lockman — Feel that the criteria have been met, but agree that it could be amended. The Commission discussed the options for approval, denial, or attaching conditions to the approval 4. A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units but are now nonconforming due to lot size requirements, and setting forth details in regard thereto. (PEC160003) Applicant: Town of Vail Planner: Jonathan Spence Action: Recommendation of Approval to Town Council Motion: Rediker Second: Kurz Vote: 5-0-0 Planner Spence introduce the projects and the history of this proposed code amendment. These lots were constructed upon as a duplex in Eagle County prior to annexation. Lots are nonconforming since they are less than 14,000 sq. ft. Owners cannot use the available GRFA. Nonconforming section of the code assumes that nonconforming uses or structures will go away someday. In this situation, that premise may not be valid. None of the properties have become conforming since annexation. Small 250 sq. ft. additions have been allowed over time, and properties have been allowed to subdivide. This proposal does not change the minimum lot size, change allowed density or GRFA, site coverage, etc. This change will only apply to these specific properties. Properties must meet these specific criteria. Result would allow use of GRFA and would allow demo/rebuild. Consequence of not changing code is that properties begin to age; many of these properties have not been upgraded. Public Comment — Mike Mathias, live on Black Bear Lane in East Vail. At least 40-50% of my property is the creek. Any 4/5/2016 efforts I have made to upgrade the property have met with disapproval. All I can do is basic maintenance. I can't add on since I don't meet variance criteria. I recommend changes to this policy. Otherwise I can't upgrade property as is needed. Tim Howard - 5123 Black Bear Lane — This change would be immensely helpful to help us to upgrade our property. We own and live here. We support this recommendation Christie Hochtl - 890 Red Sandstone — A few years ago our renters moved out. The way our home sits on the lot, we had an opportunity to condominiumize the lot. Home sits awkward on the lot. We would be in favor of this being passed. If we wanted to demolish and rebuild, that would be good for passing this property to our children. Great location, not confined since we border the park. We have used some of our GRFA to modernize. We are very much in favor of this passing. Susan Bird 1771 Alpine Drive — Bought 32 years ago in Eagle County, and voted to get annexed into Vail. This lot is fractions off from being eligible for Primary/Secondary. Final Comments Gillette — Like what staff has done, support this. Rediker — Agree in all respects with staff analysis. Kurz — Want to verify that I don't have a conflict of interest due to my relationship with neighbors affected. I paid $1,800 for the lot. Lockman — Good to hear from the public on this issue. Pratt — Criteria have been met, these 35 properties should have an exception. 5. A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Area A, Vail Cascade, pursuant to Section 12-9A-10 Amendment Procedures, Vail Town Code, to allow for a reduction of seven (7) accommodation units, major interior renovation, new fitness area, new spa for guest use, new entry vestibule and a modified porte-cochere in the Vail Cascade Resort & Spa, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC160002) Applicant: Vail Hotel Partners LLC, represented by Mauriello Planning Group Planner: Chris Neubecker Action: Recommendation of Approval to Town Council with Condition Motion: Kurz Second: Rediker Vote: 4-0-1 (Pratt Recused) Condition: The proposed pool shall be reviewed and approved by the Planning and Environmental Commission. Henry Pratt recused himself from the hearing due to a conflict of interest. Planning Manager Neubecker introduced the proposed amendment to the Vail Cascade Hotel. Reduction in accommodation units is primary reason this is a major amendment. Other changes in uses are also to be considered. New ownership has certain improvement requirements to bring the hotel up to their standards. The primary change on the exterior is a new porte-cochere (covered entry for vehicles). Other exterior change include a change from wooden to stone panels on 4/5/2016 entrances, changes to the terrace, and a change in the size of landscape island. The current hotel does not experience full occupancy and it is hoped that the upgrades and management will increase occupancy despite a reduction in the overall amount of units. The staff report highlights the extent of the proposed changes, including a reduction in approximately 2,000 sq. ft. of GRFA and a slight increase in commercial space. No parking changes are proposed. Changes to the tennis facilities have already been approved under separate application and are not a requirement of the SDD. There is no change to employee housing or height. There are minor change to site coverage and landscaping. Staff finds the proposal meets the criteria for SDDs and recommends approval, with one condition. Rediker asked for Commission comments. Lockman asked about a comment on the staff report regarding the maximum number of units. Neubecker confirmed that the existing conditions exceed the maximum number of 289 units. Lockman commented that the change in landscaping seems like a lot of square feet, but only a very small percent change. Neubecker responded that the percent change is very small based on the relatively large size of the site. Gillette asked what other documents regulate the property, to which Neubecker responded just the Town Code and existing SDD. Gillette asked about AUs (accommodation units). Neubecker responded that because it is not part of Lionshead, reduction of accommodation units is not regulated by the master plan. Gillette asked what specifically causes the proposal being a major amendment, to which Neubecker responded that a reduction in the amount of accommodation units requires a major amendment, per Town Code. Gillette asked if staff knew why the site is noncompliant in regards to landscaping to which staff did not have any information explaining why it was out of compliance. Rediker commented about the location review criteria used by staff. He then asked about AUs being mentioned in the Vail Land Use Plan, to which Neubecker responded there is no requirement within the Vail Land Use Plan to preserve AUs. Rediker asked if there are specific documents like the Lionshead Plan which require the preservation of AUs, to which Neubecker responded in the positive, but this is not within the Lionshead area. There are no such statements within the Cascade SDD. Gillette asked what landscaping percentages existed on other sites. Dominic Mauriello responded he can address that question in his presentation. Dominic Mauriello, MPG, consultant for the Applicant, began by introducing the development and team and referencing a PowerPoint presentation. Philip Cyburt of Laurus Corp. reviewed the proposed investment in the redevelopment of the property. Investment will be made into the hotel, but also the hotel will be branded as part of the Starwood Luxury Collection. Enhanced booking systems and marketing are part of this improvement. The reduction in rooms is due to a desire to be competitive within the luxury market by increasing the amount of suites and to have a spa within the hotel. 4/5/2016 Cyburt continued by summarizing the applicant's vision for the redevelopment of the hotel. The hotel will need to be temporarily closed to accommodate the construction of the improvements. A subsequent application for improvements to the Aria Health Club is anticipated in the future. Mauriello summarized the SDD amendment and the sensitivity to a reduction in AUs. The SDD is one of the few SDDs within the town that has multiple owners. Dominic speculated that sometime in the 1990s part of a salon was converted to four additional hotel rooms. Based upon what the original ordinance stipulated, the proposed reduction is only three AUs less than the established maximum. Dominic provided statistics regarding occupancy and noted that over the last three years, only 0.05% of the time was the hotel over 285 units occupied. The reduction should have a minor impact and the upgraded rooms will help increase the aggregate rate. Dominic referenced an image depicting the location of the rooms to be eliminated. He then referenced the proposed improvements specified in the application, including changes to the bar and restaurant floor plans, expanded terrace area, remodeled lobby, common areas, and conference and meeting rooms. John Garth, General Manager of the Cascade Hotel, was introduced to speak of the impact of updated conference and meeting rooms. Right now, the hotel is limited to second and third tier groups. However, the footprint should allow for the hotel to be a premier space capable of accommodating first tier groups. Mauriello continued discussing the proposed improvements, including an on-site spa and salon, fitness area, and kids play area. Discussing the exterior improvements Dominic described the porte-cochere and terrace improvements. The location of the terrace improvements is where the loss of landscaping occurs. In regards to the zoning analysis, there are no other issues outside of the reduction in the number of rooms. The issue of parking was then discussed. The existing parking structure is compliant with the SDD. Dominic expressed his belief that because they are not changing the conference facilities, they should still be subject to the required 35 parking spaces for conference use, not the 69 spaces identified within the staff report. In regards to the tennis court conversion, Dominic stated that the tennis courts were not a required improvement and noted that the structure was designed to accommodate parking. After the conversion, there will be a surplus of 26 parking spaces beyond what is required. Employee housing is only required when adding area, but Dominic stated that the proposed changes actually reduce the demand for employee housing. Dominic concluded by reviewing the criteria for approval of a major amendment. Rediker asked for commissioner comments. Lockman asked for an explanation as to how the employee housing demand decreased. Dominic referred to a table on a slide that calculated the change in floor area with each specific use. Gillette asked for more information on the loss of landscaping to which Dominic referred to a slide and identified an area where a pool could be located, thus resulting in a loss of landscaping. Gillette asked for information about the amount of landscaping at other similar properties. Dominic 4/5/2016 responded that it depends on location and the applicable regulating documents. Gillette asked staff to check on the amount of landscaping required within the Public Accommodation (PA) zone district, to which Neubecker responded that 30% is required. Rediker asked if the SDD regulates setbacks from the bike path, to which Dominic responded in the negative. Rediker asked for clarification if the creation of suites would also result in the loss of beds, to which Dominic and John Garth responded that they should have the ability to sleep the same number as before through the use of pull-out couches. Public Comment - None Final Comments — Lockman stated that the loss AUs is a concern, but the overall need to renovate the property makes sense and he can favor approval. Kurz stated that he is also in favor of the proposal and through personal experience he felt the addition of quality improvements offsets the loss of AUs. He asked for confirmation that the parking is compliant, to which Neubecker responded in the positive. Gillette concurred with staff's recommendation and favors the proposal, despite his concern regarding the loss of landscaping. Rediker noted that there is not a prohibition against reducing the amount of AUs and based on existing low occupancy rates that it should not be an issue. Rediker expressed concern regarding the loss of landscaping, especially in placing concrete in an area where buffers along Gore Creek are needed. Rediker stated that he is concerned about approving the changes to the terrace without a definite plan moving forward. Rediker suggested approval of the terrace be subject to future PEC approval. Gillette agreed with Rediker's suggestion. Neubecker asked for clarification of the area to be subject to future approval, which should be the pool and not the terrace. Rediker described the area in which the future pool may be proposed. Gillette suggested the review of a stormwater plan. Neubecker stated that there are existing stormwater regulations within the existing SDD. After discussion regarding conditions of approval, Ms. Sarah Baker, attorney for the applicant, suggested agreed upon language that a future pool would be subject to PEC review. 6. A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the redevelopment of the former Cascade Village Theater and Colorado Mountain College property to include 14 dwelling units, one (1) onsite Employee Housing Unit and the preservation 4,087 square feet of existing commercial, retail and office space, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. This project was previously approved most recently in 2007 and expired on June 1, 2015. (PEC150014) 4/5/2016 Table to February 22, 2016 Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Action: Table to February 22, 2016 Motion: Kurz Second: Rediker Vote: 5-0-0 7. A request for review of a Conditional Use Permit pursuant to Section 12-8B-3 Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code, to allow for the installation of parking in the Chalet Road right -of- way and the conversion of the existing tennis courts to pickle ball courts, located at 461 Vail Valley Drive, Tract F2, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150037) Table to February 22, 2016 Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Chris Neubecker Action: Table to February 22, 2016 Motion: Kurz Second: Rediker Vote: 5-0-0 8. Approval of Minutes January 25, 2016 PEC Meeting Results Action: Approve Motion: Gillette Second: Rediker Vote: 4-0-1 Ludwig Abstained) Lockman pointed out an error in the spelling of his name in the minutes. Henry Pratt stated that there is an incomplete sentence regarding a statement he made. 9. Informational Update Energy Update - Environmental Team Mark Hoblitzell provided an update regarding the town's energy usage. Energy is purchased from Holy Cross Energy. Since 2006, Holy Cross has seen a reduction in CO2 intensity from approximately 2 Ib/kwh to 1.5 Ib/kwh. Coal accounted for approximately 62% of their energy source in 2014. Natural gas accounted for approximately 16%. In regards to the town's consumption, from 2006 to 2015 a 31% reduction in electricity use has been achieved. LED upgrades in the parking structures and the construction of other new facilities have increased efficiency. Gillette asked what the cost was to achieve a 31 % reduction and if it is realistic to achieve another 20% reduction in four years. Kristin Bertuglia estimated that approximately $4 million dollars have been spent and there is approximately a 15 year payback. Gillette asked which programs have the shortest payback, to which Kristin responded lighting. Hoblitzell summarized a table depicting the yearly cost reductions and reminded the PEC that there have been two rate increases in this time. Solar energy has been added at the Lionshead Transit Center and Vail Village Welcome Center. Lockman asked how we can achieve energy use reduction for homeowners and businesses. Mark stated that the town has been active with many partners on education programs and offering rebates. Kristen 4/5/2016 stated that the International Building Code has incorporated energy efficiency requirements. Gillette asked if the town can get information by each meter within the town, to which Kristen responded the information is currently only available at a substation level. George Ruther stated that some of the commissioner's terms were ending in the future, but applications can be made for reappointment. 10. Adjournment Action: Adjourn Motion: Rediker Second: Kurz Vote: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. 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 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. 4/5/2016 PERCENTAGES OF THE TOTAL AREA OF THE VIEW OCRRIDOR (ENCLOSED BY THE DOTTED LINE BETWEEN POINTS A AND E) THAT ARE ENCROACHED UPON BY THE GIVEN CONSTRUCTION: VIEW CORRIDOR UUKIVILK 1AbuVL rUUIVULKJ DORMER BELOW FOUNDERS FOUNDERS GARAGE: 20.5% 4/5/2016 Received by TOV 02/19/2016 m Tnwx OF vn' ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: First reading of Ordinance No. 7, Series of 2016, An Ordinance to Amend Section 11-7-15, Ski Base Area Signs of the Vail Town Code in Order to Allow Advertising of On -Mountain Recreational Activities, and Setting Forth Details in Regard Thereto PRESENTER(S): Brian Garner, Planner ACTION REQUESTED OF COUNCIL: Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2016 upon first reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves Ordinance No. 7, Series of 2016, an ordinance amending Section 11-7-15 of the Vail Town Code, Ski Base Area Signs, in order to allow advertising of on -mountain recreational activities, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2016 the Community Development Department recommends the Council makes the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. BACKGROUND: On September 27, 2010 the Planning and Environmental Commission recommended approval of proposed Prescribed Regulations Amendments to the Vail Town Council and was subsequently approved by Town Council. Unforeseen in 2010 was the need to advertise on -mountain recreational activities that didn't exist at that time and as a result, the advertising of all "commercial uses" was prohibited. Today with the impending launch of Epic Discovery this summer, Vail Resorts has identified a desire to advertise the recreational activities available on the mountain. STAFF RECOMMENDATION: On March 14, 2016 the Planning and Environmental Commission (PEC) recommended the Vail Town Council approve, with amendments, Ordinance No. 7, Series of 2016, upon first reading, with a vote of 6-0-0. The amendments approved by the PEC included some minor revisions to the text of the ordinance, which are reflected in the version presented for first reading. ATTACHMENTS: Council Memo Ordinance No. 7, Series of 2016 PEC 160007 Staff Memo Attachment A Sign Example Attachment B Applicant Submittal 4/5/2016 rowN ofvain ") Memorandum To: Vail Town Council From Community Development Department Date: April 5, 2016 Subject: First reading of Ordinance No. 7, Series of 2016, an Ordinance to amend Section 11-7-15, Ski Base Area Signs of the Vail Town Code in order to allow advertising of on -mountain recreational activities, and setting forth details in regard thereto. (PEC160007) Applicant: Vail Resorts, represented by Jeff Babb Planner: Brian Garner SUMMARY The applicant, Vail Resorts, represented by Jeff Babb, is requesting a first reading of Ordinance No. 7, Series of 2016 for a Prescribed Regulations Amendment to amend Section 11-7-15, Ski Base Area Signs, of the Vail Town Code in order to allow advertising of on -mountain recreational activities, and setting forth details in regard thereto. The amendment is applicable to the ski base areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow (PEC160007). This ordinance would amend the text of Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to allow advertising for on -mountain recreational activities. The purpose of the amendment is to clarify and differentiate between advertising of on -mountain recreational activities and commercial uses. This ordinance will enable the applicant, Vail Resorts, to advertise summer activities that take place on the mountain such as Epic Discovery, which is a recreational activity in addition to a commercial enterprise. As currently written, staff interprets the prohibition of commercial uses to include any commercial enterprise on the mountain, including recreational activities. The applicant, Vail Resorts, is unable to display signage for Epic Discovery as a result of this conclusion. Therefore, this amendment will make clear the distinction between commercial uses and recreational activities and allow signage for Epic Discovery and similar on -mountain recreational uses that are clearly distinct from commercial uses. 4/5/2016 II. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On March 14, 2016 the Planning and Environmental Commission (PEC) recommended the Vail Town Council approve, with amendments, Ordinance No. 7, Series of 2016, upon first reading, with a vote of 6-0-0. The amendments approved by the PEC included some minor revisions to the text of the ordinance, which are reflected in the version presented for first reading. This recommendation was based upon the review of the criteria outlined in Section VI of the March 14, 2016 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. III. BACKGROUND In the ski season of 2009/2010 staff and Jeff Babb, Vail Resorts Operations Director, performed a walk-through inspection of each of Vail Mountain's ski yards. The result was the identification of numerous types and locations for signage which did not conform with the regulations of Title 11, Sign Regulations, Vail Town Code. It was determined that Title 11, Sign Regulations, Vail Town Code, did not address ski yard signs because the base areas of Vail Mountain were not located within the Town of Vail boundaries, until annexation zoning occurred in 2006. Several examples of signs that did not meet the Town's sign regulations were portable signs, flags, digital lift availability signs and ticket office signs. Also, the quantity of signs was nonconforming. At that time, the Community Development Department worked with Vail Resorts to draft an amendment specifically for ski base area signs harmonious with the Sign Regulations of the Vail Town Code. On September 27, 2010 the Planning and Environmental Commission recommended approval of proposed Prescribed Regulations Amendments to the Vail Town Council and was subsequently approved by Town Council. Unforeseen in 2010 was the need to advertise on -mountain recreational activities that didn't exist at that time and as a result, the advertising of all "commercial uses" was prohibited. Today with the impending launch of Epic Discovery this summer, Vail Resorts has identified a desire to advertise the recreational activities available on the mountain. IV. ACTION REQUESTED OF THE TOWN COUNCIL Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2016 upon first reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves Ordinance No. 7, Series of 2016, an ordinance amending Section 11-7-15 of the Vail Town Code, Ski Base Area Signs, in order to allow advertising of on -mountain recreational activities, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2016 the Community Development Department recommends the Council makes the following findings: Town of Vail Page 2 4/5/2016 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. V. ATTACHMENTS A. Ordinance No. 7, Series of 2016 B. PEC Memorandum, dated March 14, 2016, with attachments C. March 14, 2016 PEC meeting results Town of Vail Page 3 4/5/2016 ORDINANCE NO. 7 SERIES 2016 AN ORDINANCE AMENDING SECTION 11-7-15, SKI BASE AREA SIGNS, OF THE VAIL TOWN CODE, REGARDING SKI BASE AREA SIGNS WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, Section 11-7-15, Ski Base Area Signs, of the Vail Town Code disallows the advertising of on -mountain recreational activities; WHEREAS, the Town Council desires to amend Section 11-7-15 to allow the advertising of on -mountain recreational activities; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and has submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the sign regulations; and WHEREAS, the Vail Town Council finds 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 11-7-15 of the Vail Town Code is hereby amended as follows: A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multi -seasonal recreational activities available on the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8) above pedestrian -ways and a minimum clearance offifteen feet (1 S) above vehicular -ways. No part of a ski base sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-3I, 'Placement On Public Property", of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A frame and sandwich board style signs are prohibited. Ordinance No. 7, Series of 2016 4/5/2016 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs shall permit the advertising of multi -seasonal recreational activities available on the ski mountain as provided by the operator of the ski mountain. c. Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. Retroactivity. 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 4. Repeal. 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 5th day of April, 2016 and a public hearing for second reading of this Ordinance is set for the 19th day of April, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 7, Series of 2016 4/5/2016 TOWN OFVAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 14, 2016 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 11-3-3 Prescribed Regulations Amendment, Vail Town Code to amend Section 11-7-15, Ski Base Area Signs of the Vail Town Code in order to allow advertising for on -mountain recreational activities and setting forth details in regard thereto. (PEC160007). Applicant: Vail Resorts, represented by Mauriello Planning Group Planner: Brian Garner SUMMARY This is a proposal to amend the text of Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to clarify and differentiate between recreational activities and commercial uses and to be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. The amendment is applicable to the ski base areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. 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 forward a recommendation of approval for the Prescribed Regulation Amendment to the Vail Town Council. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to amend Section 11-7- 15 of the Vail Town Code. The purpose of the amendment is to clarify and differentiate between recreational activities and commercial uses and be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. In doing so, the applicant, Vail Resorts will be enabled to advertise summer activities that take place on the mountain such as Epic Discovery, which is a recreational activity that is a commercial enterprise. According to the Vail.com website, "Vail's existing Adventure Ridge has already undergone enhancements in preparation for Epic Discovery over the past few years with the addition of a zip line, two challenge courses, a kids challenge course and kids zip line, and summer tubing. All of these activities, along with the Forest Flyer and Game Creek canopy tour, will be incorporated into Epic Discovery when it debuts in summer 4/5/2016 2016." Therefore, the amendment is requested by Vail Resorts to allow signage within the ski base area to advertise Epic Discovery. As currently written, staff interprets the prohibition of commercial uses to include any commercial enterprise on the mountain, including recreational activities. The applicant, Vail Resorts is unable to display signage for Epic Discovery as a result of this conclusion. Therefore, this amendment will make clear the distinction between eating and drinking establishments from recreational activities and allow the applicant, Vail Resorts the ability to erect signage for Epic Discovery and similar uses that are clearly distinct from commercial advertising. Definition of Ski Base Area in Section 11-2-1, Definitions: For the purpose of regulating ski base area signs, ski base areas are those areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. Definition of Sign, Ski Base in Section 11-2-1, Definitions: A sign in a ski base area that informs the public about on mountain conditions, grooming reports, status of ski lifts and tows, and the location of ski school facilities, ski racing facilities, ski patrol facilities, outdoor recreation facilities and activities, lift ticket sales, skier and guest services. Requested Amendment to 11-7-15 Ski Base Area Signs: The proposed amendment to the regulation for ski base area signs are as follows (additions are in bold, deletions are in strikethre ur.h). A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multi -seasonal recreational offerings of activities available on the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain retail stores and eating and drinking establishments. eemmerGiai uses 1. Number. Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8) above pedestrian_ways and a minimum clearance of fifteen feet (15) above vehicular - ways. No No part of a ski base sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property'; of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A -frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs shall permit the advertising of multi -seasonal recreational activities available on the ski mountain as provided by the operator of the ski mountain. Town of Vail Page 2 4/5/2016 c. Signs advertising on mountain retail stores and eating and drinking establishments, retaA stores and establishments and other nommernial uses shall be prohibited. The amendment to the prescribed regulation will use language consistent with the definitions used for the regulation of ski base area signs as shown above and will not affect any other signage category. Additionally, portable signs will continue to be allowed within ski base areas as written in Section 11-9-2(0). Finally, there will be no change to the current process for review and approval of ski base area signs. III. BACKGROUND In the ski season of 2009/2010 staff and Jeff Babb, Vail Resorts Operations Director, performed a walk-through inspection of each of Vail Mountain's ski yards. The result was the identification of numerous types and locations for signage which did not conform with the regulations of Title 11, Sign Regulations, Vail Town Code. It was determined that Title 11, Sign Regulations, Vail Town Code, did not address ski yard signs because the base areas of Vail Mountain were not located within the Town of Vail boundaries, until annexation zoning occurred in 2006. Several examples of signs that did not meet the Town's sign regulations were portable signs, flags, digital lift availability signs and ticket office signs. Also, the quantity of signs was nonconforming. At that time, the Community Development Department worked with Vail Resorts to draft an amendment specifically for ski base area signs harmonious with the Sign Regulations of the Vail Town Code. On September 27, 2010 the Planning and Environmental Commission recommended approval of proposed Prescribed Regulations Amendments to the Vail Town Council and was subsequently approved by Town Council. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, by petition of any resident or property owner in the town, or by the administrator, in accordance with the Vail Town Code. The process requires a public hearing before the Planning and Environmental Commission and a recommendation from the Planning and Environmental Commission to Town Council, where final action will be taken on the application via two (2) readings of an ordinance. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code 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. Town of Vail Page 3 4/5/2016 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. Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a Town of Vail Page 4 4/5/2016 complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. DISCUSSION ITEMS Impact Analysis: This section considers the intended and unintended consequences as a result of the action. The intention is to provide the applicant, Vail Resorts with reasonable and clear parameters to advertise on mountain recreational activities such as Epic Discovery. The proposed amendment to the prescribed regulation for ski base area signs is intended to clarify and differentiate between recreational activities and commercial uses and be consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. In doing so, the intended outcome is the provision of wayfinding directional signage that helps guests better navigate the ski base area and to see the recreational activities available on the mountain. The amendment is not intended to provide the ability for advertising of on -mountain retail stores and eating and drinking establishments that would compete for business with establishments in the Town of Vail. It is the opinion of staff that the word "commercial" is too vague and open to interpretation of how regulations can apply. Additionally, "commercial" is inconsistent with the definition of Sign, Ski Base as it is defined in the Town Code, which clearly was written to permit the advertising of outdoor recreation facilities and activities associated with the mountain. As a result of approval of this Prescribed Regulations Amendment, signs advertising the recreational activities available at Vail Resorts Epic Discovery will be allowed. However, signs advertising on -mountain dining and/or retail options shall continue to be prohibited. VI. CRITERIA FOR REVIEW Section 12-3-7(C)(2) of the Zoning Regulations identifies the factors that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These factors include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment is intended to further the general and specific purposes of the zoning regulations by clarifying and differentiating between regulating terminology and definitions used in the Town Code. Consistency of Town of Vail Page 5 4/5/2016 terminology and definitions promotes a coordinated and harmonious development of the Town and helps to conserve and maintain community qualities and economic values. Therefore, staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment is compatible with the development objectives of the town by establishing clear and consistent language in the Vail Town Code. Allowing signage that promotes recreational activities available on the ski mountain is beneficial to the guest experience. As a result, staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The current terminology and definitions in the Vail Town Code are conflicting and vague and it is therefore appropriate to amend the text to have clear terminology and consistent definitions of terms. As a result, staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment is intended to provide clear terminology and consistent defined terms within the Vail Town Code so that land use regulations are consistent with municipal development objectives to effect a positive guest experience. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section V of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve the Prescribed Regulations Amendment to Section 11-7-15, Ski Base Area Signs, of the Town Code to clarify and differentiate between recreational activities and commercial uses and be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. Town of Vail Page 6 4/5/2016 If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendments, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a Prescribed Regulations Amendment to Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to clarify and differentiate between recreational activities and commercial uses and be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section V this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VIII. ATTACHMENTS • Attachment A: Vail Resorts Epic Discovery signage example. • Attachment B: Applicant Submittal. Town of Vail Page 7 4/5/2016 13'- 4" ACTIVITY SAFETY RIDGE 22.5° 22.5° 91-( D OVERHEAD VIEW 4/5/2016 kGES SHOWN ARE FOR PLACE HOLDING PURPOSES D ARE NOTTO BE INTERPRETED AS FINAL ART APPROVED DATE notes # 252-9 VAI L Ear G DISCOVERY GONDOLA BASE INFO DISPLAY EXTERIOR POST MOUNT QTY = ONE TWO-FACED client VAIL RESORTS scale 3/8" = 1 FOOT file name GONDOLA BASE INFO DISPLAY P-12 date 01/25/1ro drawing GMD WOOD & WOOD DESIGN • SIGN SYSTEMS INTERIORS DECORATIVE ARTS 98 CARROLL ROAD WAITSFIELD, VERMONT 05673 q L�� I�D 802-496-3000 802-496-7916 FAX woodwood@madriver.com SIGN ENO R GU ATIONS� AMENDMENT Amending the Special Provisions Applicable to Ski Base Area Signs Submitted: February 15, 2016 Rev. February 24, 2016 u Mauriello Planning Group 4/5/2016 INTRODUCTION ...................................................................................................................................................................... . Vail Resorts, represented by Mauriello Planning Group, is requesting a text amendment to the Sign Regulations to provide clarity about the signage allowed at ski base areas, which include the base areas of Vail Village, Lionshead, Golden Peak, and Cascade Village. Vail Resorts approached the Community Development staff to discuss a proposed sign application for Epic Discovery signage at the Lionshead Gondola. Staff expressed some concern about the language of the Sign Regulations with respect to Ski Base Area Signs. Proposed signage to advertise Epic Discovery. If the text amendment is approved, a separate sign application will be submitted for review by the Town. The Sign Regulations currently state the following with regards to Ski Base Area Signage: Section 11-2-1: Definitions: SIGN, SKI BASE: A sign in a ski base area that informs the public about on mountain conditions, grooming reports, status of ski lifts and tows, and the location of ski school facilities, ski racing facilities, ski patrol facilities, outdoor recreation facilities and activities, lift ticket sales, skier and guest services. I 4/5/2016 SKI BASE AREA: For the purpose of regulating ski base area signs, ski base areas are those areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. 11-7-15: SKI BASE AREA SIGNS: A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multiseasonal offerings of the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of a ski base sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property'; of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. Vail Resorts would like to erect signs related to on -mountain activities, including the zip line, forest flyer, ropes course, Adventure Ridge, along with a mountain map. One of the signs would be an electronic sign. In reviewing the application, staff determined that the Sign Regulations would need to be amended. Specifically of concern to staff is Section 11-7-15 A. 8.b, which states: Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. The proposed language of Section 11-7-5 is proposed to be amended as follows (text to be deleted is shown as str*kethre h, while text to be added is shown as bold underline). WAIMA MIMM:_fAF9��►:7���1[el►JJLY1 PA 4/5/2016 B. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multiseasonal recreational activities available on the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain retail stores and eating and drinking establishments yip' uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of a ski base sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property'; of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs shall permit the advertising of multi -seasonal recreational activities available on the ski mountain as provided by the operator of the ski mountain. c. Signs advertising on mountain retail stores and eating and drinking establishments, r-eteil ste rfa;d _t6bhs#rents; end ether- es shall be prohibited. 3 4/5/2016 CRITERIA FOR REVIEW OF TEXT AMENDMENT ....................................................................................................................................................................... . The review criteria for a prescribed regulations amendment are provided in Section 11-3-3 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations Applicant Analysis: Section 11-1-2: provides the general and specific purposes of the Sign Regulations: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. The proposed amendment is intended to provide clarity to the section of the Sign Regulations which regulate Ski Base Area Signs, which includes the areas adjacent to the lifts located at Vail Village, Lionshead, Golden Peak, and Cascade Village. The clarification allows the Town to fairly and consistently enforce the Sign Regulations in the Town of Vail, while recognizing the importance of these specific areas as providing unique offerings not available elsewhere in the Town. The proposed amendment also maintains the protections that Vail Resorts cannot advertise on -mountain dining or retail establishments to create unfair competition with these types of establishments located within the Town. This helps to preserve a successful and high quality business environment, aided by signs that direct and inform the public. As a result, the proposed amendment furthers both the specific and general purposes of the Sign Regulations and complies with this criterion. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town H 4/5/2016 Applicant Analysis: The various master plans that make up the Vail Comprehensive Plan have been reviewed and the following goals and policies are applicable from these documents: Vail Village Master Plan: The Vail Village Master Plan was adopted in 1990, with the intent to preserve and strengthen the character of the village, while allowing for limited, controlled growth. It provides the following applicable goals: GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. (pg. 8-9) Lionshead Redevelopment Master Plan: The Lionshead Redevelopment Master Plan was adopted in 1998 to encourage redevelopment and new development initiatives within Lionshead. Recognizing that redevelopment in Lionshead was critical for the community to remain a competitive four - season resort, the Town developed the Lionshead Redevelopment Master Plan with the following applicable objectives: 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. (pg. 2-2) Vail Land Use Plan: The Vail Land Use Plan was adopted in 1986, with the focus of addressing the long-term needs and desires of the Town of Vail as it matured. It provides goals and policies to guide the Town in making land use decisions. It provides the following: 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. s 4/5/2016 1.3. The quality of development should be maintained and upgraded whenever possible. 2.4. The community should improve summer recreational options to improve year-round tourism. (pg. 4-5) Vail 20/20 Plan: The Vail 20/20 Plan was adopted in 2007, with the goals to create a plan that identifies commonly shared values, create a clear vision for Vail, integrate a plan to coordinate Vail's strategies for the future, and create a plan that transcends the administrations of Town staff, Vail Town Council, and appointed boards and commissions. The Vail 20/20 Plan provides the following: Premier Resort Community: Vail values its role as a premier resort community, which recognizes the interdependent relationship between the resort, community and municipality. Vail"s success as a resort depends largely on its success as a community, as the community fosters relationships between locals and visitors. We make plans and take actions that are investments in the experiences and lives of many different generations, today and into the future. It takes work and reinvention to stay No. 1, and Vail is committed to innovation and creativity to achieve our goals. Activities Benefit Individuals and the Community: Vail values a vibrant community life supportive of spiritual and physical well-being and encouraging of intellectual and cultural growth. This value includes providing a wide variety of educational, recreational, entertainment, art and cultural opportunities. These offerings are accessible to all and appeal to residents and guests of all ages, incomes and interests. These activities promote the development of relationships that strengthen the community. Sense of Place and Character: Vail values the strong history of the town and its unique character and legacy while acknowledging the importance of reinvention. This is reflected in the high quality of the built environment with design and features that endure over time. (pg. 3) The Vail 20/20 Plan provides specific goals and implementation strategies which are furthered by this proposed amendment: Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. Make amendments to the Vail Town Code to reflect planning document updates, including the Sian Regulations, Zoning Regulations and Development Standards Handbook. (pg. 4) 2.1 4/5/2016 As Vail Resorts continues to expand its on -mountain, multi -seasonal recreational offerings, the goals and objectives listed by the Town of Vail in all of its comprehensive planning effort are also furthered. Updating the Sign Regulations to create clarity in how these new recreational offerings are advertised is an important implementation step to further these goals. The proposed amendment adds more clarity, while maintaining the protections against advertisements for on -mountain commercial uses such as restaurants and retail establishments. As a result, the proposed amendment complies with this criterion. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable Applicant Analysis: Vail Resorts launched Epic Discovery in 2012, a comprehensive program of summer activities with the goal of encouraging "learn through play", promoting environmental education and forest stewardship with activities across Vail Mountain. These activities include zip line tours, ropes courses, additional hiking and biking trails, an alpine slide, etc. The Sign Regulations were written at at time prior to all these various recreational amenities being considered. In reviewing the current language, staff identified some concern that the existing language which states: Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. Specifically, staff was concerned that the prohibition of advertising "other commercial uses" was unclear as to whether these new types of recreational uses were permitted to be advertised. Clearly, the intent was to limit the advertisement of on -mountain dining and retail establishments that would compete with those located within the Town. With the launching of Epic Discovery, conditions have substantially changed since the adoption of the subject regulation and it is important to provide clarity to the regulations to ensure that these new on -mountain recreational offerings can be advertised to maximize and encourage the use of these facilities. As a result, the proposed amendment complies with this criterion. Photos from epicdiscovery.com 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives 7 4/5/2016 Applicant Analysis: The clear objective with this section of the Sign Regulations is to allow the operator of Vail Mountain the ability to advertise on -mountain activities at the base areas. These multi -seasonal recreational uses are consistent with municipal development objectives, as outlined in the comprehensive planning documents identified above. The proposed amendment provides further clarity about the ability to advertise these uses, while maintaining the protections against advertising on -mountain eating and drinking establishments, and retail establishments. As a result, the proposed amendment provides a harmonious, convenient, and workable relationship among land use regulations and complies with this criterion. S. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission deems applicable shall be addressed by the Applicant. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. s 4/5/2016 KK TOWN OF YAIl1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Ordinance No. 8, Series 2016, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund. PRESENTER(S): Carlie Smith, Budget Analyst ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 8, Series 2016 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 8, Series 2016 ATTACHMENTS: 1 st Reading of Ordinance No. 8, Series 2016 4/5/2016 TOWN OF Memorandum TO: Vail Town Council FROM: Finance Department DATE: April 5, 2016 SUBJECT: 2015 Results and 2016 Supplemental Appropriation I. SUMMARY The completion of the 2015 financials sets the stage for this supplemental appropriation of 2016 with the identification of capital projects that span more than one year and need to have funding re -appropriated to the current year. In Tuesday evening's session, you will be asked to approve the first reading of Ordinance No. 8 making supplemental appropriations and adjustments to the 2016 budget. The following information is provided for your review: Summary of Revenue, Expenditures, and Changes in Fund Balances — 2015 Actual Compared with Amended Budget and 2016 including the proposed supplemental appropriation Ordinance No. 8, Series 2016 II. DISCUSSION 2015 RESULTS Across all funds and revenue accounts for 2015, total revenue of $68.9 million is up 6.5% from 2014 mainly due to increases in sales tax collections, construction activity, reimbursement from the Vail Reinvestment Authority for capital projects completed within the district and lift tax collections during the year. Sales tax collections reached $25.1 million for the first time, a 5.25% increase over 2014. Throughout the year sales tax collections showed solid increases, with only May (just 2.3% of annual collections) failing to reach monthly records. Summer activity was strong with sales tax collections up 5.7% from the prior summer. Winter of 2015-16 started off steady with November and December up 3.6% and 1.8% respectively since the prior year. Since January, collections have begun to level off with January up less than 1 % and February up 3.6%. Real estate transfer tax collections in 2015 of $7.0 million increased 1.7% from prior year. During the year collections were pacing behind prior year but caught up in the fourth quarter with the sale of the Vail Cascade and Holiday Inn. Large construction projects (Vail Valley Medical Center and The Lion, for example) also impacted construction -related revenues such as Construction Use Tax of $2.2M, up 23% from the prior year and Employee Housing Fee -in -lieu collections of $1.9 million. 4/5/2016 Ski Lift tax collections of $4.8 million were up 9.5% from prior year due to a strong start of the winter season with the 2015 Championships as well as the addition of some summer on - mountain activities. Parking revenue of $4.9 million has increased by 9.3% compared to 2014, almost reaching the $5.0 million high in 2010. 2015 net expenditures totaled $53 million compared to $78.6 million budgeted. Of the $25.6 million variance, $19.1 million is requested for re -appropriation for capital projects currently underway. The remaining savings of $6.5 million is outlined in the below chart: Fund Savings Reason General Fund $ 2.5M Staffing vacancies of $775K, overtime and benefits savings of $100K and $625K, respectively. Operational savings of $835K made up of various items but the largest savings in utilities ($188K), professional fees ($170K), planning projects ($74K) and snowmelt ($40K) Reduced fleet (internal) charges of $84K Capital Projects Fund $ 660K Lionshead Parking structure entry saved $190K, parking structure capital maintenance saved $287K, and facilities capital maintenance $116K Real Estate Transfer Tax $ 1.5M Annual operations of the parks department, forest Fund health and environmental sustainability saved $307K; Library Recreation Path project saved $265K; VRD projects saved $197K; delay of Glen Lyon Bridge saved $150K Dispatch Service Fund $ 54K Operational savings and staffing vacancies Health Insurance Fund $ 1.5M Savings in annual health claims, which helps to offset the three years of high-level claims experience in 2010 - 2012 Heavy Equipment Fund $ 339K Savings mainly due to fuel prices -2- 4/5/2016 2016 SUPPLEMENTAL APPROPRIATION The main purpose of this supplemental is to re -appropriate funds for 2016 capital projects that were started in 2015 and are continuing into this year, or projects that did not begin as planned in 2015. There are also adjustments needed to reflect events or decisions that occurred after the 2016 budget was finalized. General Fund General Fund expenditures are proposed to increase by $196,031: • A total of $121,700 approved by Council for special event activation for the final weekend of the winter season, specifically $100,000 for "Spring Back to Vail" concert, $16,700 for The Vail Film Festival's virtual reality tent and $5,000 for a Vail Restaurant Week. • $4,500 use of Library grant funds to be used to purchase books, audio visual materials, and other electronic and educational resources. • $9,000 for a guest parking survey. • $23,000 of funding for the Sister City Exchange Program visits with San Miguel de Allende. • $25,000 of funding for the Town's 50th anniversary celebration. The above adjustments to the General Fund 2016 budget result in an estimated fund balance of $23.7 million by the end of 2016, or 64% of annual revenues. Capital Projects Fund Budgeted revenue will be adjusted by a total increase of $276,603 to be offset by corresponding expenditures. This includes utilizing $230,000 of Community Enhancement funds collected by Holy Cross offset by expenditures for underground utility projects at Rockledge Road ($50K), the 1-70 underpass ($105K), and various Holy Cross projects ($75K). Also included is a $46,603 grant received from the Division of Fire Prevention which will be used to purchase a fire breathing apparatus. Staff is requesting to supplement 2016 expenditures by a total of $10.0 million, of which $7.7 million represents projects budgeted in 2015 but not yet completed such as the Guest Service Enhancements/Wayfinding project, Chamonix Housing Development infrastructure, 1-70 Underpass project, a Municipal Complex redevelopment, hybrid bus battery replacement, replacement of a generator at the Vail Village Parking Structure, continuation of Neighborhood Road and Bridge reconstruction projects, renovation of the East Vail Fire station and energy enhancement programs. The Buy -Down Program budget for net new employee housing is adjusted annually to reflect revenue generated from Employee Housing Fee -in Lieu fees paid the prior year. During 2015, the town collected $1.9M in fees -in -lieu, so a corresponding increase to the Buy -Down Program expenditure budget is included in this supplemental request to track the available funds for that program. Staff is requesting to utilize 2015 savings for the following newly identified projects: • $16,000 for parking structure cameras to improve parking gate security. Additional funding requests include the following: • $65K of funding for the "Resort App" mobile application as approved by council on March 15tH -3- 4/5/2016 A transfer of $3.9M to the Real Estate Transfer Tax Fund from the Capital Projects Fund was originally budgeted in 2016 to be used to cover construction expenditures of the Vail Golf and Nordic Center, but due to positive revenue streams this transfer is no longer necessary. All of the above adjustments will result in an estimated fund balance of $18.5 million by the end of 2016. Real Estate Transfer Tax (RETT) Fund Budgeted revenues will increase by a total of $1,130,698, a majority of which ($1.12M) due to the early repayment of the loan from the Vail Valley Foundation relating to the Amphitheater renovation project completed in 2014. The repayment was not budgeted because it was not due until 2018. Budgeted revenue also includes a grant for $5K from Plan4health and a grant for $3,500 to be used towards a Public Works intern which will be offset by a corresponding expenditure. Staff is requesting to supplement 2016 expenditures by a total of $11.9 million, $11.4 million of which relates to projects budgeted in 2015 but not yet completed such as the Vail Golf and Nordic Center, Donovan Park redevelopment, Booth Creek Park redevelopment, completion of the skate park in the Lionshead parking structure and continued streambank and water quality improvements. As approved by Council on March 1, 2016, additional sources of funding of $651,241 will be allocated to the Vail Golf and Nordic Clubhouse remodel project. The funding was re -directed from other sources including $272,001 of 2015 and 2016 funds accumulated in the recreational enhancement account earmarked for the golf course, $100,783 from 2015 savings in other golf course improvements project, $55,000 from capital energy enhancements funds and utilization of $223,457 of RETT fund balance. Staff is requesting to utilize 2015 savings for the following newly identified projects: • $15,000 for the Noxious Weed Management Program as described in a memo provided to council on March 15th • $68,500 to expand environmental programs, recycling incentives, and public environmental education. See attached memo from Community Development. New funding requests include the following: • $63,700 is requested for Phase I of the Intermountain Fuels Reduction project. See attached memo from Vail Fire Department. In the attached memo from Public Works are proposed enhancements to Ford Park projects. Additional costs are proposed to be covered by various Ford Park project savings from 2015, as outlined in their memo. If approved, any requests will be included in the 2nd supplemental reading on April 19tH During the 2nd reading of this budget ordinance staff will also be requesting funds for Frontage Road safety improvements. The Pedestrian Safety Committee will be meeting to discuss planning and funding the week of April 6th The proposed budget adjustments will result in an estimated RETT fund balance of $13.8 million by the end of 2016. 4/5/2016 Dispatch Services Fund Staff is requesting to supplement the use of $1,000 of NENA award money received in 2015. The dispatch department has voted to use the award towards a kitchen remodel. Heavy Equipment Fund Plow equipment was ordered (and budgeted for) in 2015, but delivery will take place in 2016. A re -appropriation of $31,500 is requested to cover payment for this. -5- 4/5/2016 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND (Unaudited) 2016 2016 2015 2015 Variance Original 1st Proposed Amended Actual Fav I (Unfav) Budget Supplemental Amended Comments Revenue Local Taxes: $ 24,486,000 $ 25,141,932 $ 655,932 $ 25,588,000 $ 25,588,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 62/38 60/40 62/38 Sales Tax $ 15,181,000 $ 15,181,000 $ - $ 15,865,000 $ 15,865,000 Property and Ownership 4,301,000 4,389,241 88,241 4,913,000 4,913,000 Ski Lift Tax 4,418,700 4,763,956 345,256 4,728,000 4,728,000 Franchise Fees, Penalties, and Other Taxes 1,158,779 1,108,465 50,314 1,181,159 1,181,159 Licenses & Permits 1,538,267 2,074,584 536,317 1,594,254 1,594,254 Intergovernmental Revenue 1,949,654 2,123,087 173,433 1,882,916 1,882,916 Transportation Centers 4,023,264 4,948,993 925,729 4,225,000 4,225,000 Charges for Services 933,812 1,023,933 90,121 1,001,236 1,001,236 Fines & Forfeitures 263,404 262,021 (1,383) 250,942 250,942 Earnings on Investments 108,236 114,386 6,150 160,000 160,000 Rental Revenue 908,847 1,073,014 164,167 990,556 990,556 Miscellaneous and Project Reimbursements 308,879 243,852 65,027 182,000 182,000 Total Revenue 35,093,842 37,306,532 2,212,690 36,974,063 36,974,063 Expenditures Salaries 16,265,603 15,392,109 873,494 16,890,516 16,890,516 Benefits 5,797,131 5,172,130 625,001 6,236,674 6,236,674 Subtotal Compensation and Benefits 22,062,734 20,564,239 1,498,495 23,127,190 - 23,127,190 Contributions and Special Events 2,111,264 2,022,891 88,373 2,270,994 121,700 2,392,694 Closing weekend concert $100K; Vail Film Festival virtual experience $16,700; Restaurant Week promotions $5,000 All Other Operating Expenses 7,412,594 6,577,922 834,672 7,773,781 74,331 7,848,112 $25K for Town of Vail 50th Anniversary Celebration; $23K Sister City visits (2 visits);Guest parking survey 9K; Vail Village Inn Phase 5 special assessment $7,831; Participation in Rocky Mountain Climate Organization $5,000; Library grant programs $4,500 Heavy Equipment Operating Charges 2,413,617 2,337,993 75,624 2,221,467 2,221,467 Heavy Equipment Replacement Charges 592,884 584,576 8,308 618,120 618,120 Dispatch Services 630,588 630,588 - 663,214 663,214 Total Expenditures 35,223,681 32,718,209 2,505,472 36,674,766 196,031 36,870,797 Revenue Over (Under) Expenditures (129,839) 4,588,323 4,718,162 299,29 Castle Peak Senior Care Facility (50,000) (50,000) 2015 World Alpine Ski Championships (250,000) (250,000) 2015 Nation's Event (375,000) (375,000) Transfer to Dipatch Services Fund (22,338) (22,338) - - Surplus Net of Transfers & New Programs (777,177) 3,940,985 4,718,162 249,297 (196,031) 53,266 Beginning Fund Balance 19,687,223 19,687,223 18,910,046 4,718,162 23,628,208 Ending Fund Balance $ 18,910,046 $ 23,628,208 $ 19,159,343 $ 23,681,474 EHOP balance included in ending fund balance - not spendable $ 705,382 $ 705,382 $ 705,382 $ 705,382 4/5/2016 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND (Unaudited) 2016 2015 2015 Variance Original 1st 2016 Amended Actual Fav /(Unfav) Budget Supplemental Amended Comments Revenue Total Sales Tax Revenue: $ 24,486,000 $ 25,141,932 $ 655,932 $ 25,588,000 $ 25,588,000 2016 4.5% incr from 2015 amended Sales Tax Split between General Fund & 62/38 60/40 62/38 62/38 Capital Fund Sales Tax - Capital Projects Fund $ 9,305,000 $ 10,403,929 $ 1,098,929 $ 9,723,000 $ 9,723,000 38% to CPF Use Tax 1,800,000 2,220,168 420,168 1,545,000 1,545,000 2016 down from 2015;no new major developments assumed Federal Grant Revenue 358,752 - (358,752) 544,800 544,800 2015-2016: Bridges at Nugget Lane and Bridge Rd Other State Revenue 766,130 451,276 (314,854) - 46,603 46,603 Colorado Division of Fire Prevention grant to be used towards breathing apparatus; CDOT share of funding for 1-70 Underpass Study Lease Revenue 197,295 197,295 - 197,295 197,295 Per Vail Commons commercial (incr. every 5 years) and residential leases Employee Housing Fee -In -Lieu - 1,916,087 1,916,087 - - VVMC construction 2015: $40K reimbursement from ERWSD for waterline work on the Covered Bridge; Project Reimbursement 92,697 140,252 47,555 - 230,000 230,000 $33,293 Holy Cross grant for Snowberry utility project, $230,000 revenue recognition for underground utility project TRAHC 494,466 494,466 - 461,065 461,065 Principal and interest on loans to Timber Ridge Fund Earnings on Investments and Other 104,704 163,534 58,830 149,281 149,281 0.7% rate assumed on available fund balance Total Revenue 13,119,044 15,987,005 2,867,961 12,620,441 276,603 12,897,044 Bus Shelters 30,000 3,848 26,152 30,000 20,000 50,000 Annual maintenance. Use of 2015 savings for parking gate cameras(16K) and upper deck street light Parking Structures 680,000 355,925 324,075 675,000 28,000 703,000 poles and fixtures (12K) budgeted in 2015; 2015: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs. Traffic Impact Fee and Transportation Master - - 150,000 150,000 Update of Traffic Impact Fees: $130K; Transportation Master Plan: $20K Plan Updates Fire Station 2 (Main Vail) ventilation($22K); General project covers repairs to town Facilities Capital Maintenance 706,760 638,582 68,178 319,125 22,000 341,125 buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc.), and mechanical equipment (boilers, air handlers, etc.). Donovan Park Pavilion 69,840 531 69,309 5,000 5,000 $51K annual maintenance Street Light Improvements 169,953 20,761 149,191 50,000 149,192 199,192 Continuation street lights improvements and to refurbish residential lighting Capital Street Maintenance 1,432,723 1,431,864 860 1,290,000 1,290,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; Cost increases based on recent pricing West Forest Bridge Repair - - 350,000 350,000 Major Bridge Repair Projects based on bi-annual bridge inspection Kinnickinnick (West) Bridge Repair - - 350,000 350,000 Major Bridge Repair Projects based on bi-annual bridge inspection Includes structural maintenance of bridge beams and painting in conjunction with Covered Bridge Structural Repairs 90,000 110,600 (20,600) - - ERWSD waterline maintenance (hangs underneath the bridge) $40K for work done on behalf of ERWSD - see revenue reimbursement above Flood incident repairs 105,436 105,436 - Upper Columbine / Bighorn stream crossing reconstruction Fire Truck Replacement 2,883 414 2,469 2014 replace pumper truck from 1999 Audio Visual Capital Maintenance 18,000 16,005 1,995 18,000 18,000 $18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center Town -wide camera system 22,000 21,630 370 22,000 22,000 $22K per year for replacement of cameras and equipment; Document Imaging 68,000 60,267 7,733 30,000 30,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers. Includes $38K for software platform upgrade in 2015. Software Licensing 60,000 56,287 3,714 51,000 51,000 Annual renewal of software licenses Police Taser Replacement - - 31,849 31,849 To replace outdated equipment purchased in 2007 Automated External Defibrillator - 9,870 9,870 Currently only a few police cars have this equipment; This request would outfit all police cars Requesting printer specific to the "Salamander" software shared with regional agencies; Public Safety ID Card Printer 8,740 8,740 would allow easy tracking of all resources on large events or incidents with the badges & barcodes printed 4/5/2016 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND (Unaudited) 2016 2015 2015 Variance Original 1st 2016 Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments Police Body Worn Cameras 69,585 69,585 For the purchase of 20 cameras for sworn officers, software licenses ($23.7K) plus server hardware ($15K) for the purposes of storing data Hardware Purchases 168,000 166,747 1,253 150,000 150,000 2015 replacement of three GIS printers/scanners; Two additional Simplivity Omnicube nodes in 2015 and 2016 at a cost of $45K each Data Center (Computer Rooms) - - - 1,000,000 1,000,000 Remodel / Retrofit upper and lower computer rooms ( power, heating / cooling, fire suppression ). Possible relocation into a combined room Website and e-commerce 12,000 2,400 9,600 12,000 12,000 Internet security & application interfaces; website redevelopment; includes $550/month for web hosting svcs ArcGIS Systems 15,050 15,806 (756) - - Replacement of plotter/scanner/copier for GIS Fiber Optics in Buildings 55,000 54,416 584 15,000 15,000 Annual maintenance $15K; Network upgrades 181,000 150,855 30,145 30,000 30,000 Computer network systems replacements cycle every 3-5 years; 2015 included $109K for an expansion of wireless service to West and East Vail (TOV equipment, not Crown Castle); Replacement of switches and routers Phone Sytem Upgrade 19,404 42,461 (23,057) - - VRD portion of phone system upgrade expenses with corresponding revenue reimbursement Public Safety System 50,000 43,979 6,021 50,000 50,000 Annual capital maintenance of "County -wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance Business Systems Replacement 118,043 73,964 44,079 - 44,079 44,079 Completion of Community Development permitting software project; Finished in 2016 Transit Center Generator 200,000 8,800 191,200 191,200 191,200 Replacement of generator at the Vail Village transit center; includes re -landscaping and re -wiring; originally planned for 2014. Police E -Ticketing system 189,800 38,776 151,024 - 151,024 151,024 Continuation of electronic ticketing system to be completed in 2016; reduces data entry done by officers to record physical tickets; will interface with Full Court system; offset by state grant above Generator for East Vail Fire Station - - - 50,000 50,000 To replace outdated generator at Station 1 Portable vehicle lift 55,000 55,000 To service vehicles in fleet Vehicle Expansion - - - 145,000 145,000 2016: 4 flatbed pick up trucks for Streets crews, Electricians, Irrigation crew, and Wild land Fire; Class 8 Dump Total Maintenance 4,463,892 3,420,354 1,043,538 4,967,169 605,495 5,572,664 Enhancement of Town Assets Vail Village Info Booth 100,000 64,030 35,970 - - For final bills and work completed prior to the 2015 WASC; includes new exterior and interior cameras Guest Services Enhancements/Wayfinding 1,376,914 299,290 1,077,624 1,077,624 1,077,624 Continuation of signage project Guest Service / Wayfinding enhancements outside of VRA district Energy Enhancements 347,944 255,044 92,900 92,900 92,900 Re -appropriate to complete Implementation of energy audit enhancements; includes continuation of LED lighting project with shared cost of $170K from Holy Cross. Fire Equipment 22,153 21,890 263 16,000 16,000 2015: equipment purchased with proceeds from sale of fire truck; 2016: fire hose replacement Neighborhood Road Reconstruction 475,000 395,994 79,006 - 79,006 79,006 Continuation of shared project with ERWSD on Rockledge Rd; Neighborhood Bridge Reconstruction 600,000 96,588 503,412 503,412 503,412 Nugget Lane and Bridge design in 2015-2016 and construction in 2017-2018. Partial Funding is from Federal grants Fire Breathing Apparatus 17,862 17,797 65 - 46,603 46,603 Purchase of breathing apparatus equipment, funded fully by grant listed above. Colorado Ski Museum - 500,000 500,000 Proposed town contribution toward expansion and remodel of Colorado Ski Museum East Vail Fire Department 150,000 30,870 119,130 1,500,000 119,130 1,619,130 Continuation of renovation design of East Vail fire station budgeted in 2015; 2016: Generator is most urgent issue; Duty quarters have sewage/drainage problems; Residential quarters need improvements but not currently rented out 4/5/2016 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND (Unaudited) 2016 2015 2015 Variance Original 1st 2016 Amended Actual Fav /(Unfav) Budget Supplemental Amended Comments Parking Entry System / Equipment 149,153 156,377 (7,224) - Charging stations for electric vehicles; Replace parking system in both structures (LH parking structure system had been scheduled for replacement in 2006); Better financial reporting and potential to interface with variable message signs and other parking systems across town; Partially reimbursed by VRA ($300K). Hybrid Bus Battery Replacement 440,000 8,228 431,772 - 431,772 431,772 Replace 7 batteries originally budgeted in 2015; Estimated life of 6 years Replace Buses 50,480 47,714 2,766 3,524,000 3,524,000 2015:ADA van for on-call pickups and continuation of bike rack replacements; 2016: 8 buses scheduled for replacement ($440.5K per bus); Bus Wash Equipment - - 250,000 250,000 Interior equipment needs replacement; Buzzard Park Window Replacement - 175,000 175,000 Replace windows at town -owned employee housing Public Works Equipment Wash Down/WQ Improvements 250,000 250,000 Exterior wash area for large trucks not safe in the winter; request also includes improvement to how the waste water is disposed of Resort App - - - - 65,000 65,000 TOV "Resort App" mobile application Bus Camera System 350,000 295,642 54,358 54,358 54,358 Continuation of Installation of software and cameras in buses Total Enhancements 4,079,506 1,689,464 6,215,000 2,469,805 8,684,805 New Assets Municipal Redevelopment 1,500,000 24,230 1,475,770 5,000,000 1,475,770 6,475,770 Planning money shifted to 2015/2016; 2016 is a placeholder for a significant remodel should a complete reconstruction not occur. This cost is an estimate only, actual cost will depend on the scope of the project. Chamonix Housing Development 2,000,000 204,987 1,795,013 - 1,795,013 1,795,013 Infrastructure, planning and design for future housing development 1-70 Underpass (VRA) 1,660,591 1,228,154 432,437 3,250,000 432,437 3,682,437 Re -appropriate 2015 unused for continuation of 1-70 underpass $1.6M to cover total amount of contract 2014 - 2016; CDOT reimbursements will span several years, with 2016 amount showed above East LH Circle pathway to Dobson (VRA) - - - 100,000 100,000 Improve connection from the E LionsHead bus stop to Dobson; Per Council 9/16/14 push out one year pending Evergreen/VVMC projects; planning/design in 2016 Dobson Plaza (VRA) - - - 100,000 100,000 Redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts); planning/design in 2016; Per Council 9/16/14 push out one year pending Ever reen/VVMC projects Lionshead Parking Structure Entry (VRA) 273,047 83,339 189,708 - - 2015 Final construction bills, and to complete landscaping, lighting and artwork installation Buy -down Program 402,118 200,471 201,647 201,647 201,647 Carryforward program funding Buy -down Program Funded by Pay -in-Lieu 900,143 - 900,143 2,816,230 2,816,230 Carry forward current balance of program funding: Housing funded directly by Pay -in - Lieu fees collected from developers; Includes revenue collected in 2015 ($1,916,087) Underground Utility improvements 33,293 33,293 - 230,000 230,000 Underground utility improvements for Rockledge Road, $50K; 1-70 Underpass (CDOT $105 & Holy Cross $75K) Total New Assets: 6,769,192 1,774,474 4,994,718 8,450,000 6,951,097 15,401,097 Total Expenditures 15,312,590 6,884,292 6,038,256 19,632,169 10,026,397 29,658,566 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 2,268,922 1,384,023 (884,899) 3,500,000 432,437 3,932,437 1-70 underpass, Frontage Rd improvements; East LH and Dobson Plaza improvements; annual LH parking structure maintenance $50K Transfer to RETT - - 3,900,000 3,900,000 - Transfer to RETT for Golf Clubhouse project no longer necessary Revenue Over (Under) Expenditures 75,376 10,486,735 10,411,359 (7,411,728) (5,417,357) (12,829,085) Beginning Fund Balance 20,855,316 20,855,316 20,930,692 10,411,359 31,342,052 Ending Fund Balance 20,930,692 31,342,052 13,518,964 18,512,967 4/5/2016 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND (Unaudited) 2016 Proposed 2015 2015 Variance Original 1st 2016 Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments Real Estate Transfer Tax $ 6,190,000 $ 6,965,617 $ 775,617 $ 6,500,000 $ 6,500,000 Increase based on recent activity; 5% increase in 2016 Golf Course Lease 134,654 130,202 (4,452) 137,347 137,347 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account' (accompanying expenditure listed below) Intergovernmental Revenue 20,000 25,445 5,445 20,000 8,500 28,500 $511K grant from Plan4Health and $3.511K grant for Public Works intern ; $20K Lottery fund proceeds Vail Valley Foundation repayment of loan taken for Amphitheater project - Project Reimbursements 961,323 1,213,803 252,480 - 1,122,198 1,122,198 repayment originally due in 2018; 2015: Remainder of $1.165M VRD portion for Golf Course Clubhouse construction Recreation Amenity Fees 10,000 23,105 13,105 10,000 10,000 Donations 1,000 4,500 3,500 - Earnings on Investments and Other 33,595 107,398 73,803 28,861 28,861 0.7% rate assumed Total Revenue 7,350,572 8,470,070 1,119,498 6,696,208 1,130,698 7,826,906 Maintain Town Assets $15K for weed program in coordination with US Forest Service; $3.51K for intern Annual Park and Landscape Maintenance 1,603,001 1,353,813 249,188 1,586,600 18,500 1,605,100 using grant funding; Ongoing path, park and open space maintenance, project mgmt. Management Fee to General Fund (5%) 309,500 358,984 (49,484) 325,000 325,000 5% of RETT Collections - fee remitted to the General Fund for administration Regular maintenance for tree health within the town (spraying, removing, new trees); Tree Maintenance 65,000 55,122 9,878 65,000 65,000 scale spraying on town -owned property at approx. $120 per tree; Initiating tree -planting program for lost trees $63,700 for Phase I of Intermountain Fuels Reduction Project- See attached Forest Health Management 225,000 198,913 26,087 258,738 63,700 322,438 memo; Pine beetle mitigation in conjunction w/ forest service; Wildfire prevention measures; 2016 added $5K for public education, $4K replacement of two radios, and an increase in summer crew to 6 (from 5) Re -appropriate for new recycling ordinance trash containers received in 2016 but Street Furniture Replacement 250,020 222,987 27,033 50,000 27,033 77,033 budgeted in 2015; also includes annual replacement or capital repairs, benches and bike racks Re -appropriate re -decking of recreation path bridge originally scheduled in 2015; Glen Lyon Bridge 150,000 - 150,000 - - - structural repairs & railings; too large a project to include in annual rec path capital maintenance Rec. Path Capital Maint 124,029 117,158 6,871 104,000 104,000 Capital maintenance of the town's recreation path system. Annual maintenance items include projects such as playground surface refurbishing, Park / Playground Capital Maintenance 98,500 93,719 4,781 100,200 4,781 104,981 replacing bear -proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance. Alpine Garden Support 67,000 67,000 - 69,010 69,010 Annual operating support of the Betty Ford Alpine Gardens; assumes 2% increase per year Alpine Garden Education Center 500,000 500,000 - _ - Awarded per Council contributions; capital contributions to newly constructed Education Center Eagle River Watershed Programs 63,240 39,980 23,260 45,000 23,260 68,260 Annual support of the Eagle River Watershed Council programs; assumes 2% increase per year Actively Green by 2015 Program 38,500 38,500 - 40,000 40,000 Council Contribution for continuation of this town -wide recycling education and certification program run by Walking Mountains; Public Art - Operating 100,248 89,023 11,225 104,132 104,132 Art in Public Places programming Vail Valley Trail Connection 10,000 10,000 - Off -Cycle Vail Valley Trail Connection to be used towards achieving Gold Medal Ride Center designation by International Mountain Bike Association. Environmental Sustainability 565,079 398,866 166,213 385,500 68,500 454,000 Re -appropriate 68.5K for public education and recycling programs;; 2016 includes $64K for Global Sustainable Destination certification initial year; Total Maintenance 4,169,117 3,544,064 625,053 3,133,180 205,774 3,338,954 Enhancement of Town Assets Construction of Sport Courts on Chalet Road; Previously used 2016 budget to Chalet Road Sport Courts 12,600 2,370 10,230 1,050,000 (2,370) 1,047,630 supplement 2015, so deduction of $12.6K offset by savings of $1 OK. Total project budget $1.05M 4/5/2016 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND (Unaudited) 2016 Proposed 2015 2015 Variance Original 1st 2016 Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments Donovan Park Improvements 384,000 8,339 375,661 - 375,661 375,661 Continuation of 2015 safety improvements to playground / park (10-11 years old); Ford Park Landscape Enhancement 200,000 200,000 Ford Park landscaping improvements (in current areas - no net increase to size) Flood Incident Repairs 804,543 407,086 397,457 - 397,457 397,457 Re -appropriate for re -stabilization of Dowd Junction path Library Recreation Path Reconstruction 1,181,580 906,598 274,982 10,000 10,000 Re -appropriate to complete 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); Construction to begin in 2015. $237K to be used for design. Streambank/tract mitigation 1,000,000 219,439 780,561 - 780,561 780,561 Re -appropriate to complete the Gore Creek Strategic Action Plan; Includes estimates for streambank repairs (from water to bank) and riparian repairs (from bank to land area and revegetation).; mapping of water infrastructure, community education and outreach. Re -appropriate $780,561. Water Quality / Storm Water 122,219 121,795 424 1,000,000 1,000,000 2016 accompany repairs made with stream bank/tract mitigation for storm water and culverts East Vail Water Quality TAPS - - 50,000 50,000 East Vail Water Quality Improvements East Vail Interchange Improvements - - - 50,000 50,000 2016 Landscaping design. Construction of the interchange in 2019: $1,089,760; Permanent Skate Park (VRA) 1,668,278 1,373,614 294,664 - 294,664 294,664 Re -appropriate to complete permanent skate park construction for LH Parking Structure "Atrium" site. Ford Park Portal Improvements 250,000 - 250,000 250,000 250,000 TOV portion of improvements to six portals into Ford Park; matching contribution from VVF; originally scheduled in 2014. Vail Trail 250,000 25,548 224,452 224,452 224,452 Placeholder for new Vail Trail near Golden Peak area Ford Park Playground / Lower Bench Impr 1,411,122 1,368,076 43,046 - - Re -appropriate to complete improvements Ford Park playground and lower bench improvements; Public restrooms ($511 K), playground safety improvements ($449.9K), and $380K for lower bench improvements such as the waterline relocation, new pavers and ADA parking Ford Park parking lot slope re -vegetation 100,000 78,255 21,745 - - - Re -vegetate the slope down toward the river at the Ford Park parking Booth Creek Playground 372,172 18,852 353,320 2,068,880 353,320 2,422,200 Redevelopment of entire park including tennis courts, covered areas and playground structures; Tennis court ($262K) and playground ($385K) originally budgeted in 2014 will occur when overall park is reconstructed. Slifer Plaza/ Fountain/Storm Sewer 150,000 150,000 Repairs to Slifer Plaza fountain and storm sewers Public Art - General program / art 449,226 19,286 429,940 85,000 426,229 511,229 To purchase sculptures, artwork, art programs and events; remainder is re - appropriated each year to accumulate enough funds; $5K for Art Pass program offset by revenue above Public Art - Winterfest 80,280 40,943 39,337 - 42,837 42,837 Cary over balance from 2015 ($39K) and recognize donations made for Winterfest event ($3,500). Total Enhancements 8,086,020 4,590,202 3,495,819 4,653,880 3,152,811 VRD-Managed Facility Projects Recreation Enhancement Account 134,654 - 134,654 137,347 (137,347) - Re -appropriate REA funds from 2015 $(134,654) to be used in 2016. Use 2015 and 2016 REA funds toward Golf Clubhouse; Annual rent paid by Vail Recreation District; to be re -invested in asset maintenance; Golf Course - Other Improvements 113,983 13,200 100,783 551,822 551,822 Re -appropriate 2015 budget to Golf course clubhouse; 2016 golf maintenance building repairs; Dobson Ice Arena 124,133 4,254 119,879 33,602 20,487 54,089 Pavers and concrete slab replacement; repair stucco concrete columns in main entry Ford Park / Tennis Center Improvements 96,930 - 96,930 5,445 52,800 58,245 Renovate Tennis Club Roof Athletic Fields 75,318 75,318 - 21,250 21,250 Roof replacement for restrooms and athletic field Gymnastics Center - 40,800 40,800 Cooling system Replacement Nature Center -69,754 69,754 Replace exterior windows, doors, wood siding and slope roof Total VRD-Managed Facility Projects 545,017 17,454 527,563 838,770 (42,810) New Assets 4/5/2016 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND (Unaudited) 2016 Proposed 2015 2015 Variance Original 1st 2016 Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments Golf Clubhouse and Nordic Center (CCF) 9,961,347 2,102,225 7,859,122 3,900,000 - 4,610,363 8,510,363 2016: Re -appropriate to complete Golf course clubhouse ($7,859,122), use of 2015 and 2016 REA funds ($272,001), use of re -appropriation of 2015 Golf course - other improvements ($100,783), and increase budget for additional costs to complete clubhouse ($278,457); 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 $13.8M, which includes previously spent RETT funds of $705,571 from 2012 & 2013) Ford Park Improvements & Fields (CCF) 625,275 52,878 572,397 112,190 Continuation of 2015 Ford Park projects in 2016 Total New Assets: 10,586,622 2,155,103 8,431,519 3,900,000 4,722,553 8,510,363 Total Expenditures 23,386,777 10,306,823 13,079,954 12,525,830 8,038,328 11,849,317 Other Financing Sources (Uses) Transfer to Capital Project Fund 3,900,000 (3,900,000) - Transfer from Capital Projects Fund for Golf Clubhouse project no longer necessary Transfer from Vail Reinvestment Authority 1,668,278 1,373,614 (294,664) For permanent skate park in Lionshead Transfer from Conference Center Fund 1,973,553 1,972,243 (1,310) Transfer remainder of Conference Center Funds for the Golf Course Clubhouse Revenue Over (Under) Expenditures (12,394,374) 1,509,103 12,783,980 (1,929,622) (4,022,411) Beginning Fund Balance 16,282,049 16,282,049 3,887,675 12,783,980 17,791,152 Ending Fund Balance $ 3,887,675 $ 17,791,152 $ 1,958,053 $ 13,768,741 4/5/2016 Revenue Town of Vail Interagency Charge Insurance Reimbursements & Other Earnings on Investments Equipment Sales and Trade-ins Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND (unaudited) 2016 2016 2015 2015 Variance Original list Proposed Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments $ 3,011,352 $ 3,009,550 $ (1,802) $ 2,931,767 $ 2,931,767 - 30,771 30,771 - - 14,650 9,368 (5,282) 14,650 14,650 148,270 263,687 115,417 104,910 104,910 3,174,272 3,313,376 139,104 3,051,327 - 3,051,327 994,189 978,291 15,898 1,027,669 1,027,669 1,467,757 1,222,135 245,622 1,274,331 1,274,331 1,255,654 1,177,209 821,400 31,500 Plow Equipment budgeted in 2015 but 78,445 852,900 purchased in 2016 3,717,600 3,377,635 339,965 3,123,400 31,500 3,154,900 Revenue Over (Under) Expenditures (543,328) (64,259) 479,069 (72,073) (31,500) (103,573) Beginning Fund Balance 2,194,674 2,194,674 1,651,346 479,069 2,130,415 Ending Fund Balance $ 1,651,346 $ 2,130,415 $ 1,579,273 $ 2,026,842 9 4/5/2016 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND Revenue Over (Under) Expenditures Other Financing Sources (Uses) Transfer from General Fund Total Financing Sources (Uses) Surplus Net of Transfers Beginning Fund Balance Ending Fund Balance 548 54,389 53,841 (6,848) (1,000) (7,848) 22,338 22,338 22,338 22,338 - 22,886 76,727 53,841 (6,848) (1,000) (7,848) 873,083 873,083 895,969 53,841 949,810 $ 895,969 $ 949,810 $ 889,121 $ 941,962 10 4/5/2016 (unaudited) 2016 2016 2015 2015 Variance Original 1st Proposed Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments Revenue E911 Board Revenue $ 797,382 $ 797,382 $ - $ 742,627 $ 742,627 Interagency Charges 1,099,174 1,098,628 (546) 1,175,653 1,175,653 Town of Vail Interagency Charge 630,588 630,588 - 663,214 663,214 Earnings on Investments 2,500 2,500 6,275 6,275 Other 10,000 392 (9,608) - - Total Revenue 2,539,644 2,529,491 (10,153) 2,587,769 - 2,587,769 Expenditures Salaries & Benefits 2,049,931 2,013,937 35,994 2,081,259 2,081,259 NENA Award money received in 2015 Operating, Maintenance & Contracts 489,165 461,165 28,000 513,358 1,000 514,358 voted by Dispatch to be used to remodel kitchen in 2016. Total Expenditures 2,539,096 2,475,102 63,994 2,594,617 1,000 2,595,617 Revenue Over (Under) Expenditures Other Financing Sources (Uses) Transfer from General Fund Total Financing Sources (Uses) Surplus Net of Transfers Beginning Fund Balance Ending Fund Balance 548 54,389 53,841 (6,848) (1,000) (7,848) 22,338 22,338 22,338 22,338 - 22,886 76,727 53,841 (6,848) (1,000) (7,848) 873,083 873,083 895,969 53,841 949,810 $ 895,969 $ 949,810 $ 889,121 $ 941,962 10 4/5/2016 TOWN OFVAIL" TO: Vail Town Council FROM: Community Development Department DATE: April 5, 2016 SUBJECT: Environmental Supplemental Budget Request I. SUMMARY Memorandum The Environmental Team requests a supplemental budget of $68,500 to be allocated to expanded environmental programs, residential and commercial recycling rebate incentives, public education, the Environmental Sustainability Plan, and pass-through dollars from an Eagle County Intergovernmental Agreement on recycling drop off center hauling. II. 2016 SUPPLMENTAL BUDGET REQUEST The supplemental budget request is proposed to be allocated as follows: • $25,000 (annual pass through from Eagle County funding of recycling drop off center hauls) funds Zero Hero waste program at the Vail Farmer's Market, contract with Walking Mountains Science Center and partnership with Colorado Mountain College. 0 6 Interns every Sunday and 1 Thursday per week. Management, set up, tear down of Zero Hero tents. o Education/surveys provided to guests on recyclable and compostable items. o Education provided to vendors and vendor compliance tracking. o Data collection and reporting at end of season. o Staffing of Vail Recycling Drop Off Center throughout the summer as time allows. • $10,000 — (expanded 2015 project) additional town trash and recycle public container signage. • $20,000 — (new project) summer/fall recycling education campaign rollout. • $7,500 — (new project) reinstate residential and commercial recycling rebates to incentivize participation, remodel of trash enclosures, etc. • $6,000 — (new project) — additional a -waste and household hazardous waste (HHW) collection day, yard waste, Town BBQ and advertisement. 4/5/2016 TOWN OF Memorandum To: Town Council From: Mark Novak, Fire Chief Date: March 22, 2016 Subject: Intermountain Fuels Reduction Project Request for Supplemental Funding I. Current Situation On March 21, 2016, the United States Forest Service White River National Forest (USFS) signed a Record of Decision finding no significant impact for the implementation of the Intermountain Fuels Reduction Project. The Town of Vail was instrumental in ensuring that this planning effort progressed forward and will play a key role in the completion of this project. This record of decision authorizes district staff to move forward with the implementation of the fuels reduction project. The USFS district staff and members of Vail Fire and Emergency Services have been working together for nearly two and a half years to reach this point. As part of the National Environmental Policy Act (NEPA) analysis, the USFS analyzed an area approximately 319 acres in size and has recommended treatment of hazardous fuels on up 194 of those acres. Due to budgetary constraints and limited staff capacity, the USFS is heavily dependent on the Town of Vail to partner with them to complete this project. In December 2015 Vail Fire staff presented Town Council with a number of different treatment options that would complete this important fuels project. Council indicated that the most desirable approach was to develop a project that would use a combination of hand treatments and helicopter logging to achieve the best fuel reduction results while also being conscience of the overall costs of the project. Burning of residual slash will be a component of both of these treatment types. Since December, staff from both the USFS and VFES has collaborated to develop an implementation plan that meets the objective of reducing hazardous wildfire fuels while also being fiscally conservative. Below is a summary of the implementation plan: 2015-2016 USFS Funds Commitment Environmental Analysis (NEPA) $300,000 2016 TOV Funds Commitment Hand Thinning Contract (60 Acres) $ 42,000 Noxious Weed Treatment- $ 3,100 Pile Burning- $ 18,600 Total $ 63,700 Responsibility for Completion Forest Service Forest Service Forest Service Forest Service, TOV Wildland Crew 4/5/2016 2016 USFS Funds Commitment Project Layout, Contract Prep- $ 23,475 Forest Service Total- $ 23,475 2017 TOV Funds Commitment Helicopter Logging Project (64 Acres) $640,000 TOV Contract Administration Support $ 15,000 TOV Noxious Weed Treatment $ 3,100 Forest Service Monitoring $ 2,700 Forest Service Pile Burning- $ 16,856 Forest Service, Total - $677,656 USFS Funds Commitment Project admin, Contract Prep $ 31,572 Forest Service Total- $ 31,572 2018-2022 TOV Funds Commitment Monitoring $ 8,460 Forest Service Noxious Weeds $15,500 Forest Service Total $ 23,960 Total Project Funding Split (including NEPA) TOV- $ 765,225 USFS- $ 355,047 Project Total- $1,120,272 TOV Wildland Crew The project and related funding of USFS activities would be administered using a Stewardship Agreement between the USFS and the Town of Vail. This type of agreement does not bind the Town of Vail to fund any portion of the project, but rather establishes a framework for funding and implementation should the Town choose to fund the project in a given year. Under this agreement, any funding provided to the USFS that exceeds actual costs would be returned to the Town upon completion of that phase of the project. Staff is requesting funding for the 2016 implementation costs of $63,700 as part of the first supplemental of 2016. Staff would include in the 2017 budget proposal, funding the remainder of the project, which would result in a budget request of $701,616. The proposed plan would complete the majority of this project during the summers of 2016 and 2017. Pile burning would occur during the fall, winter and spring of 2016, 2017 and 2018. The USFS would continue to monitor and treat the fuels reduction area for noxious weeds from the start of the project until 2022. Action Requested 1) Supplement the 2016 RETT Fire Suppression budget in the amount of $63,700 to complete approximately 60 acres of hand thinning and pile burning in 2016. These funds would be transferred to the USFS as part of a Stewardship Agreement. Town of Vail Page 2 4/5/2016 rowN ofvain ") Memorandum TO: Vail Town Council FROM: Department of Public Works, AIPP Board DATE: April 5, 2016 SUBJECT: Ford Park Update and Budget Request I. PURPOSE The purpose of this memo is to provide Town Council with an update on Ford Park projects and a cost update on various project requests. Staff is requesting to utilize savings from the original project scope toward enhanced projects as detailed below. Any project enhancements approved by Council will be included in the second reading of the supplemental budget ordinance. The following narrative outlines the project requests and budget implications. II. BACKGROUND Improvements to Ford Park were started in 2012 and have included the following items: • East Betty Ford Way • Water, sanitary sewer, electrical service, and storm sewer/water quality systems • Upper Bench restrooms and concessions • Enhanced pedestrian circulation • Reconstructed and expanded ball fields • Parking lot and bus lane • Gerald R. Ford Amphitheater restrooms, lawn terrace and social courtyard with Ford Family Tribute • Central Betty Ford Way • Lower Bench restrooms and playground improvements • Betty Ford Alpine Gardens Education Center To date, from the Conference Center and Real Estate Transfer Tax Funds, the Town has invested over $12M in the improvements to Ford Park for town sponsored projects and an additional $2.1 M and $500K for Vail Valley Foundation and Betty Ford Alpine Gardens sponsored projects. These two groups have invested many millions of additional dollars in the facilities they manage and operate within the park. These improvements have had a dramatic and much appreciated positive impact to Ford Park. 4/5/2016 III. CURRENT PROJECT BUDGETS The following is an update on budgets for the Ford Park projects: 2015 RETT Ford Park Projects Ford Park Upper Bench Project Remaining Budget and savings $572,400 Ford Park Parking Lot Savings $ 21,745 Ford Park Lower Bench Improvement Savings 43,045 Total Savings from 2015 $637,190 Amount allocated to complete 2015 project commitments in 2016 ($112,190) Net 2015 Savings $540,000 Re -appropriation is included in the first reading of the supplemental to complete 2015 project commitments in 2016: • Replacement of remaining old style pedestrian light fixtures at the walk between the Nature Center Bridge and Vail Valley Drive with current style pedestrian fixture. Budget is for installation only as light fixtures, poles and bases are on -hand. $20,000 • Additional bike racks at Sport Central area to replace existing bicycle racks, which conflict with pedestrian traffic, with new racks installed outside of pedestrian paths. $15,000 • Wayfinding sign package for Ford Park as replacement of wayfinding which existed throughout the park prior to the Ford Park improvement projects. $50,000 • Completion of the East Betty Ford traffic gate which has a two -fold purpose to limit the amount of traffic entering the lower bench and allow ADA parking access to the lower bench during non-event times. $15,000 • Design costs incurred with regard to various project elements. $12,190 Total amount requested for re -appropriation: $112,190 IV. PROPOSED NEW PROJECTS AND ENHANCEMENTS The 2016 budget currently includes a total of $450,000 for Ford Park projects such as Landscape Enhancements ($200K) and Portal Entry Project ($250K). Staff is requesting that Council consider additional enhancements and/or new projects identified below for potential inclusion in the second reading of the budget supplemental ordinance. Project Descriptions: Ford Park Portals o During the master planning phase of Ford Park in 2012, it was determined that significant identity markers are needed at the various entry points to the park. At that time a budget of $1 M was allocated for this project and it was to be implemented through Art in Public Places. Since late 2012 in order to balance the first phase of Ford Park construction, the project budget was reduced to a placeholder budget of $250,000. For the last year, the AIPP Board and staff have been working with Andy Dufford/Chevo Studios to examine the best direction for the project and to create a thoughtful program incorporating artful entry sculptures for Ford Park. The placeholder budget does not adequately cover the cost to complete the project. F 4/5/2016 o An additional $260,000 is requested to enhance the portals based on recommendations by the AIPP Board for the design concept (imagery attached). With the town's reinvestment in the athletic, cultural, and educational quality of the park, the entry markers will serve to identify the various entry points to the park as well as add to the rich legacy within the park at its edges. Recommended for funding • Lighting Controls o Installation of lighting control system to program pedestrian and parking lot lights to operate at lower light levels at preset intervals. This system was bid as an add - alternate bid item with Phases 1 and 1 B but not funded with either of those phases. $97,000 Recommended for funding • Reconstruction of electrical transformer enclosure at GRFA o Replacement of existing, outdated wood enclosure around electrical transformer near the new Gerald R. Ford Amphitheater social courtyard. $35,000 Recommended for funding • Frontage Truck Entrance Gate o Installation of a manual traffic gate located on the South Frontage Road at the delivery truck entrance (grass drive entry) to facilitate control of the parking lot during paid parking events. $48,000 Recommended for funding • West Betty Ford Way Concrete Unit Pavers o Removal of existing asphalt paving and installation of concrete unit pavers between Manor Vail Bridge and South Frontage Road, guardrail replacement and reconfiguration of West Betty Ford gate area. $500,000 • Reconstruction of Nature Center Bridge walk for ADA standards o Removal of and replacement of existing Nature Center Bridge concrete walkway to create compliance with the ADA guidelines. This route is now a direct access point to the extended in -town bus route. $135,000 • Landscape Enhancements o The current 2016 budget is $200,000 for landscape enhancements. This includes improvements around the historic School House were intended to eliminate the service area, increase usability, improve aesthetics, and hide existing electrical equipment for a cost of $80,000. The remaining $120,000 was intended for landscape enhancements within several high priority areas around Ford Park including the Nature Center Bridge, West Betty Ford Way, and East Betty Ford Way. The attached memo dated July 16, 2015 outlines more details on the overall concepts. o $160,000 in additional cost is estimated for enhanced landscape treatments to areas that landed between the various phases of park improvements or where installed landscaping falls short of current expectations. Staff has identified these enhancements as lower priority so is not recommending for inclusion in the budget at this time 3 4/5/2016 In summary, staff is recommending to utilize $540,000 in 2015 cost savings for the additional enhancements. When added to the original Ford Park 2016 budget of $450,000, total project budget is recommended of $990,000. V. ACTION REQUESTED Approve for inclusion in the supplemental budget of 2016 the recommended project list or direct staff to amend the project list and corresponding budget. VI. ATTACHMENTS Landscape enhancement memo Ford Park Entry Portal imagery 4 4/5/2016 Current 2016 Unfunded Staff - Project Budget Enhancements recommended enhancements for 2"d reading of supplemental Ford Park Entry Portals $250,000 $260,000 $260,000 Lighting Controls $ 0 $ 97,000 $ 97,000 Reconstruction of electrical $ 0 $ 35,000 $ 35,000 transformer enclosure Frontage Road Truck Entrance $ 0 $ 48,000 $ 48,000 Contingency $ 0 $100,000 $100,000 West Betty Ford Way Concrete $ 0 $500,000 $ 0 Unit Pavers Reconstruction of Nature Center $ 0 $135,000 $ 0 Bridge Walk Landscape enhancements $200,000 $160,000 $ 0 Totals $450,000 $1,335,000 $540,000 In summary, staff is recommending to utilize $540,000 in 2015 cost savings for the additional enhancements. When added to the original Ford Park 2016 budget of $450,000, total project budget is recommended of $990,000. V. ACTION REQUESTED Approve for inclusion in the supplemental budget of 2016 the recommended project list or direct staff to amend the project list and corresponding budget. VI. ATTACHMENTS Landscape enhancement memo Ford Park Entry Portal imagery 4 4/5/2016 TOWN OF VAIL 1309 Elkhorn Drive Vail, Colorado 81657 vailgov.com MEMORANDUM Public Works/Transportation Department 970.479.2158 970.479.2166 fax To: Stan Zemler, Greg Hall From: Todd Oppenheimer Date: July 16, 2015 Subject: Ford Park Final Landscape Improvement Summary Thanks to the funding provided by the Conference Center Fund transfer approved by the Vail voters and numerous private donations received by the Vail Valley Foundation and Betty Ford Alpine Gardens, Gerald R. Ford Park has undergone a tremendous transformation. It has been a long six years but the comments received regarding the aesthetics and function of the park has been overwhelmingly positive. The job is almost complete. As the project manager and landscape architect, I would like to point several areas that could benefit from some additional attention. These are areas that landed between the various phases of work or that was addressed but the design or implementation fell short of current expectations. There are 13 areas included in this summary. The areas are relatively small and the scope of work at each one varies according to its location and function. A cost estimate has not yet been assembled for these items and will take a little time to put together. A brief summary of improvements is included for each item along with photographs of many of the locations. These are in addition to the portal locations currently under contract with Chevo Studios and the potential extension of the concrete pavers to the South Frontage Road on West Betty Ford Way. LANDSCAPE AREAS PRIORITY 1 PROJECTS — $200,000 (FUNDED 2016 BALANCE) School House at Betty Ford Alpine Gardens (BFAG). This area is high on the Council's list. It has been used for storage and staging by the BFAG for some time and is bare and unkempt. This is a prominent area of the park and needs to be incorporated in the gardens to give the school house a better setting and appearance. In addition to creating a garden setting on the west side of the School House it is desirable to connect it to the Children's Garden behind the School House. Zehren Associates has provided a fee proposal to work closely with town and garden staff to design a garden and an enclosure to hide the existing electrical equipment. 4/5/2016 K Slope below amphitheater plaza betw an area, along with the following one, quality of East Betty Ford Way ends a weeds, steep slopes and bare ground landscaae desianed to enhance the a 3. Nature Center Bridge - south side. Th occurs at the intersection of Vail Valle controls and pit for the sanitary sewer "back side" of the Children's Garden this entrance to the park. The entire designed to enhance the aesthetic ap 4. West Betty Ford Way. This route into the back door but is probably the mos landscape should be brought to a higl changing some native grass areas int activities at the West Restroom and N guardrail with a national park style stc Town of Vail 4/5/2016 Ford Park Entry Portals Town Council 3.8.2016 0 West Betty Ford Way 0 Creek Walk Entry at Covered Bridge Central Entry • Vail Valley Drive and Creek Walk Intersection 0 Manor Vail 0 Nature Center Bridge Trail ,0 East Betty Ford Way 4/5/2016 d t . �- FORD PARK ij !OP- y� 00 NDT F- � �= r IAF � F•�_•, 1F ,�••-�� [ ••'�a �- f - � J' i 7 ��-..�f S Fir �����:� r * •.1 ~ Y �.r � _ ��`. k� � 1 �.�.. s. I ORDINANCE NO. 8 SERIES OF 2016 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, AND DISPATCH FUND OF THE 2016 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2016 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 15, Series of 2015, adopting the 2016 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2016 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 196,031 Capital Projects Fund 6,126,397 Real Estate Transfer Tax Fund 8,038,328 Heavy Equipment Fund 31,500 Dispatch 1,000 Total $ 14,393,255 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 8, Series of 2016 4/5/2016 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of April, 2016, and a public hearing shall be held on this Ordinance on the 19th day of April, 2016, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 8, Series of 2016 4/5/2016 Tnwx OF vn' ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Ordinance No. 5, Series of 2016, Second Reading, An Ordinance Amending Ordinance No. 5, Series of 2008, in Accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to Allow for a Major Amendment to Special Development District No. 4, Vail Cascade Subdivision; and to Amend and Re -Establish the Approved Development Standards for Area A, Cascade Village to Allow for the Development of a Mixed Use Development, Located at 1300 Westhaven Drive; and Setting Forth Details in Regard Thereto PRESENTER(S): Chris Neubecker, Planning Manager ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny second reading of Ordinance No. 5, Series of 2016 BACKGROUND: The applicant, Vail Hotel Partners, LLC, represented by Mauriello Planning Group, is requesting a major amendment to a Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the reduction of seven (7) accommodation units (292 units to 285 units, for a total reduction of 2,023 sq. ft.), creation of a new fitness center inside the hotel, new spa, new salon, larger hotel rooms, new porte-cochere at main entry, and changes to the terrace on the rear of the building, located at 1300 Westhaven Drive/Cascade Village. (PEC160002) STAFF RECOMMENDATION: The Planning and Environmental Commission recommends that the Town Council approve Ordinance No. 5, Series of 2016 upon second reading. ATTACHMENTS: Staff Memo Ordinance 5 Series of 2016 PEC Memorandum 2/8/16 PEC Minutes 2/8/16 SDD 4 Cascade Village Vicinity Map SDD 4 Cascade Village Plans Part 1 SDD 4 Cascade Village Plans Part 2 4/5/2016 rowN ofvain Memorandum To: Vail Town Council From Community Development Department Date: March 15, 2016 Subject: First reading of Ordinance No. 5, Series of 2016, an Ordinance amending Special Development District No. 4, Cascade Village, to amend and re-establish the approved development standards for Area A, Cascade Village, to allow for the development of a mixed use development, located at 1300 Westhaven Drive, (Unplatted — Cascade Village, Section 12, Township 5, Range 81, PCLIN SW '/4, NE'/4), and setting forth details in regard thereto. I. SUMMARY The applicant, Vail Hotel Partners, LLC, represented by Mauriello Planning Group, is requesting a major amendment to a Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the reduction of seven (7) accommodation units (292 units to 285 units, for a total reduction of 2,023 sq. ft.), creation of a new fitness center inside the hotel, new spa, new salon, larger hotel rooms, new porte-cochere at main entry, and changes to the terrace on the rear of the building, located at 1300 Westhaven Drive/Cascade Village. (PEC160002) The proposed ordinance supports the following Town Council Action Plan goals: Goal #1: Increase the Town of Vail's economic activity as measured by tax revenue to, at a minimum, keep pace with annual inflation. Goal #2: Focus on building a year-round economy, reduce economic seasonality by growing the summer economy at a rate greater than or equal to the winter economy. II. PURPOSE This property was annexed into the Town of Vail by Ordinance 26, Series of 1975 with an approved development plan from Eagle County. Special Development District No. 4 was created by Ordinance No. 5, Series of 1976. The SDD has been modified many times since its original adoption. The most recent amendment was Ordinance No. 8, 4/5/2016 Series of 2011, which allowed for the removal of Area D from the Special Development District; Area D would be incorporated into the Ever Vail development. The changes to the Vail Cascade Resort & Spa are proposed in conjunction with major upgrades to the hotel, including major interior renovations, which are proposed in order to bring the property up to the standards expected by the Starwood Luxury Collection, the new operator of the Cascade Hotel and Resort. The proposed changes would reduce the number of accommodation units, but will also bring a higher average daily rate. The addition of the Starwood brand will bring a new lodging franchise to Vail and also allow members of Starwood's Preferred Guest program to use their points in Vail. The new owners are also seeking to expand the use of the Cascade Hotel and Resort for more events and conferences, and these upgrades of part of that strategy. This ordinance will allow the following changes to the Vail Cascade Resort & Spa within Special Development District No. 4: • Reduce the number of accommodation units by (7) accommodation units (292 units to 285 units), for a total reduction of 2,023 sq. ft. • Creation of a new fitness center inside the hotel • Creation of a new spa within the hotel • Creation of a new salon within the hotel • Creation of larger hotel rooms by combining some rooms • Installation of a new porte-cochere (covered vehicle entrance) • Changes to the terrace on the rear of the hotel building On February 8, 2016 the Planning and Environmental Commission held a public hearing on this item. The Planning and Environmental Commission voted 4-0-1 (Pratt recused) to forward a recommendation for approval, with one condition, to the Vail Town Council. A copy of the approved meeting minutes have been attached for reference. Condition of Approval: 1. The proposed pool shall be reviewed and approved by the Planning and Environmental Commission. III. RECOMMENDATION The Planning and Environmental Commission recommends that the Town Council approve Ordinance No. 5, Series of 2016 upon first reading. IV. ATTACHMENTS 1. Ordinance 5, Series of 2016 2. Staff memo to Planning and Environmental Commission, February 8, 2016 3. Minutes of the Planning and Environmental Commission, February 8, 2016 Town of Vail Page 2 4/5/2016 ORDINANCE NO.5 SERIES OF 2016 AN ORDINANCE AMENDING ORDINANCE NO. 5, SERIES OF 2008, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, VAIL CASCADE SUBDIVISION; AND TO AMEND AND RE-ESTABLISH THE APPROVED DEVELOPMENT STANDARDS FOR AREA A, CASCADE VILLAGE TO ALLOW FOR THE DEVELOPMENT OF A MIXED USE DEVELOPMENT, LOCATED AT 1300 WESTHAVEN DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Vail Town Code (the "Code") ZORORg Reryylo4�s permits major amendments to previously approved development plans for Special Development Districts; aid WHEREAS, Ordinance No. 5, Series of 2008, repealed and re-enacted Ordinance No. 10, Series of 2008, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site", located at 1300 Westhaven Drive, Cascade Village; and WHEREAS, the purpose of this ordinance is to amend Ordinance No. 5, Series of 2008, to amend and re-establish the development standards for Development Area A, Cascade Village and to amend and re-establish the site specific development plan for the "Cascade Village" within Development Area A to allow for the reduction in accommodation units; and WHEREAS, to the extent that there are any previous site specific development plan approvals or development standards established for the "Cascade Village", this ordinance shall is intended to specifically supersede and otherwise cause any previous site specific development plan approvals or development standards for the "Cascade Village" to become null and void; aft 4/5/2016 WHEREAS, any and all site specific development plans and development standards approved and/or established for planning areas and sites within SDD No. 4, not specifically affected by this ordinance, shall remain valid and in full effect; and WHEREAS, in accordance with the provisions outlined in the Code Zen+ng RegulaI the Planning and Environmental Commission (the "PEC") held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council (the "Council"); and WHEREAS, all notices as required by the Van! awn Code have been sent to the appropriate parties; and WHEREAS, on February 28, 2016, the PEC Planning anal ERvironmental COMMicciOR of the TeWR of Vail held a public hearing and reviewed and forwarded a recommendation of approval, with conditions, for the proposed major amendments to Special Development District No. 4, Cascade Village, to the Van!wn Council in accordance with the procedures and criteria and findings outlined in Title 12, Zoning Regulations, of the Vail Town Code; and, WHEREAS, the Van! Town Council finds that the major amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section VIII of the Staff's February 8, 2016, memorandum to the PEC Planning and Environmental Commission and as outlined in the Staffs March 15, 2016, memorandum to the Vail Town Council, and the evidence and testimony presented; ani WHEREAS, the Van! Town Council finds that the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staffs February 8, 2016, memorandum to the PEC Planning ani ERVOFGnmontal G9MMOGGOGR and as outlined in Section IV of the Staffs March 15, 2016, 4/5/2016 memorandum to the Vailwn Council, and the evidence and testimony presented; ani WHEREAS, the Vail awn Council finds that the major 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, based upon the review outlined in Section VIII of the Staffs February 8, 2016, memorandum to the PEC Planning and ERVOFORmeRtal GOMMOSSOOn and as outlined in the Staffs March 15, 2015, memorandum to the Vail Town Council, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (Note: Language proposed to be removed from Ordinance No. 5, Series of 2016 is shown in `P*ethri,ugh; language proposed to be added is shown in bold.) Section 1. Special Development District No. 4, Cascade Village is hereby amended and re-established as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 4/5/2016 Definitions Forthe purposes ofthis rhe Special Development District, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing artstheaterorcultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi -family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half (1/2) of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres and Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4." 4/5/2016 B. The district shall consist of five separate development areas, as identified inthis ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 29.100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 97.955 Development Plan Required—Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have twe individual development plans for the Cascade Club, Cascade Hotel, CMC/Cascade Residences, Cornerstone, Liftside, Millrace, and Westhaven site sites as approved by the Tewn Council. The Liftside C ndeminriamcBuilding and Cornero-tene sites�srhiuSIrIr be allowed one development plan eaGh. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-713- 3, (Commercial Core 1), Vail Town Code, except for in the Cascade Residences building, where office uses shall be permitted on the first floor. 4/5/2016 The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Centerbuilding; 3. Lodge; 4. Multi -family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Vail Town Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi -family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Vail Town Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Vail Town Code. E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 4/5/2016 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16, Conditional Use Permits, Vail Town Code. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet; 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with nofrontage on any publicway, street, walkway or mall area; 6. Transportation Business; 7. Temporary , Facility �F mn Use of�eRRis�FaG,I1 YtRfereRces and i'nnv S. B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Public park and recreational facilities; 2. Ski lifts. D. Area D, Glen Lyon Commercial Site 1. Micro -brewery as defined in Chapter 12-2, Vail Town Code. E. Area E, Tract K 1. Public parks; 2. Public utility and publicservice uses; 3. Access roads; 4/5/2016 4. Ski lifts and tows; 5. Ski trails; 6. Snowmaking facilities; 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade; 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code; 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses; 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. This shall include spas, salons and fitness centers located within the Vail Cascade Resort and Spa. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code; 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town 4/5/2016 Code; 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses; 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessaryforthe operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessaryforthe operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not beobstructed by outdoor display. Density - Dwelling U nits The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a total of two hLIRdred eighty eight "QQ` two hundred eighty five (285) accommodation or transient dwelling units and a maximum of one hundred thirty one (131) dwelling units for a total density of twe hundred seventy f,,,o (275) 4/5/2016 two hundred seventy three point five (273.5) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65)dwelling units C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots One -hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee housing units (EHUs) as defined within Chapter 12-13, Vail Town Code. Density --Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 356,680 354,837 squarefeet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots GRFA shall be calculated for each lot based on the Two -Family Primary/Secondary Residential District, per Section 12-6D-8 Density Control, Vail Town Code. D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 41,238 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998for previous requirements. 4/5/2016 TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS This table is an accounting of development and parking allowances / requirements for Area A: 4/5/2016 Use Dwelling Accommodation Square EHUs Commercial On Site Cascade Units Units Feet Square Feet Parking Parking Structure Spaces Liftside 29 48,600 2 56 Condos (formerly Waterford Westhaven 13 32,000 29 Condominiums Millrace 39 47,984 64 Phase I, II, IV The Cascades 6 11,987 12 (formerly Millrace III Cascade 22 47,151 13 16 Residences approved Blue Tiger 1,600 13.3 Restaurant (Empty) Office/Retail 5,061 16.3 Cascade Hotel 145 53,434 111 Hotel 3,250 27.1 Restaurant Hotel Market 1,095 3.65 Hotel Retail 1,096 3.65 Hotel Spa 5,800 19.3 Hotel Salon 650 2.2 Terrace 120 58,069 105 Rooms Terrace Retail 5,856 20 Plaza Rooms 20 7,205 16 Plaza Retail 2,024 7 Plaza 8,297 35 Conference Fitness Club 5,886 30 Cornerstone 22 0 48,407 4 623 56 0 Total 131 285 354,837 6 41,238 230 425.5 Multiple Use Credit 10% of required) -42.5 Total Required Parking in Cascade Parking Structure 383 Total Parking Spaces Provide in Cascade Parking Structure 421 Total Surplus Parking Spaces in Cascade Parking Structure 38 GRFA includes DU and AU square footage. EHUs do not count towards GRFA in SDD #4. Vail Cascade Resort and Spa (Cascade Hotel) has approval under separate permit to add 77 parking spaces on the upper level of the Cascade Club building, by Minor Amendment granted in December 2015, which is not included in this accounting of parking spaces. 26 of the surplus parking spaces in the Cascade Parking Structure are reserved for use by the Cascade Resort and Spa (Hotel) to accommodate future changes in use or expansions that may require parking. 4/5/2016 Development Plans Area A, Cascade Village Site specific development plans are approved for Area A. The following documents comprise the development plan for the SDD as a whole, Liftside Condominiums Building (formerly known as Waterford), Cascade Residences (formerly known as the "CMC Building"), Cornerstone, Cascade Club Addition Scenario 1 and 2, and Millrace IV: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43'3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet#2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet#3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet#4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 4/5/2016 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet#1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor PlansArnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, DennisAnderson Associates 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter -Mountain Engineering, Ltd, 12/1/94. 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92. 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: 4/5/2016 Dwg.# Title Author Date A-1.0 Title Sheet Morter Architects 03-15-05 A-1.1 Vicinity Map Morter Architects 01-31-05 A-1.2 GRFA Summary Morter Architects 03-15-05 A-1.3 Spring Equinox Sun Shading Morter Architects 01-31-05 A-1.4 Summer Solstice Sun Shading Morter Architects 01-31-05 A-1.5 Fall Equinox Sun Shading Morter Architects 01-31-05 A-1.6 Winter Solstice Sun Shading Morter Architects 01-31-05 A-1.7 Site Plan Morter Architects 03-15-05 C001 Cover Sheet Alpine Engineering 03-14-05 C002 Grading Plan (West Half) Alpine Engineering 03-14-05 C003 Grading Plan (East Half) Alpine Engineering 03-14-05 C004 Storm Drainage Plan Alpine Engineering 03-14-05 C005 Grading and Drainage Details Alpine Engineering 03-14-05 C006 Utility Plan Alpine Engineering 03-14-05 C007 Utility Details Alpine Engineering 03-14-05 C008 Demolition Plan Alpine Engineering 03-14-05 L-1 Landscape Plan Dennis Anderson 03-15-05 L-2 Landscape Plan -Cascade Club Dennis Anderson 03-15-05 A2.0 Parking Level Plan Morter Architects 03-15-05 A2.1 First Floor Plan Morter Architects 03-15-05 A2.2 Second Level Plan Morter Architects 03-15-05 A2.3 Third Level Plan Morter Architects 03-15-05 A2.4 Fourth Level Plan Morter Architects 03-15-05 A2.5 Roof Plan Morter Architects 03-15-05 AM Building A Elevations Morter Architects 03-15-05 A3.2 Building B Elevations Morter Architects 03-15-05 A4.0 Building Sections Morter Architects 02-14-05 A4.1 Building Sections Morter Architects 02-14-05 A4.2 Building Sections Morter Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: Dwg.# Title Author Date A-2.20 Second Floor Plan RKDArchitects 01-28-07 A-2.30 Third Floor Plan RKDArchitects 01-28-07 A-2.40 Fourth Floor Plan RKDArchitects 01-28-07 4/5/2016 A-2.50 Fifth Floor Plan RKDArchitects 01-28-07 A-3.10 East and North Building Elevations RKDArchitects 01-28-07 A-3.20 West and South Building Elevations RKD Architects 01-28-07 43. Approved Development Plan for Area A, Cornerstone Site, containing the following sheets: Dwg. Title Author Date L1 Landscape Plan Dennis Anderson 06-20-08 S1 Schematic Bus Turnaround Alpine Engineering 06-03-08 A -2.00a Site Plan GPSL Architects, P.C. 06-12-08 A -2.00b Site Plan GPSL Architects, P.C. 06-12-08 A-2.01 Lower Level Parking GPSL Architects, P.C. 06-12-08 A-2.02 Upper Level Parking - Plaza Level GPSL Architects, P.C. 06-12-08 A-2.03 Westhaven Drive Ground Level GPSL Architects, P.C. 06-12-08 A-2.04 Westhaven Drive Level One GPSL Architects, P.C. 06-12-08 A-2.05 Level Two GPSL Architects, P.C. 06-12-08 A-2.06 Level Three GPSL Architects, P.C. 06-12-08 A-2.07 Level Four GPSL Architects, P.C. 06-12-08 A-2.08 Level Five GPSL Architects, P.C. 06-12-08 A-2.09 Level Five Loft GPSL Architects, P.C. 06-12-08 A-2.10 Roof Plan GPSL Architects, P.C. 06-12-08 A-3.10 Elevation: West @ Loft Side GPSL Architects, P.C. 06-12-08 A-3.20 Elevation: East @ Cascade GPSL Architects, P.C. 06-12-08 A-3.30 Elevation: North and South GPSL Architects, P.C. 06-12-08 A-3.40 Elevation/Section: East @ Liftside GPSL Architects, P.C. 06-12-08 44. Approved Development Plan for Area A, Vail Cascade Resort and Spa, containing the following sheets: 4/5/2016 Dwg. # Title Author Date A1.0 Schematic Design Leo A Daly 01-04-16 A1.1 Existing Site Plan Leo A Daly 2015 A1.2 Proposed Site Plan Leo A Daly 2015 Page 1 Vail Cascade Hotel Leo A Daly 12-23-15 Cascade Village — SDD Amendment No. 4 Existing Conditions with Hotel Room Modifications Page 2 Vail Cascade Hotel Leo A Daly 12-23-2015 Cascade Village — SDD Amendment No. 4 Existing Conditions with Hotel Room Modifications Page 3 Vail Cascade Hotel Leo A Daly 12-23-2015 Cascade Village — SDD Amendment No. 4 Existing Conditions with Hotel Room Modifications Page 4 Vail Cascade Hotel Leo A Daly 12-23-2015 Cascade Village — SDD Amendment No. 4 Existing Conditions with Hotel Room Modifications Page 5 Vail Cascade Hotel Leo A Daly 12-23-2015 Cascade Village — SDD Amendment No. 4 Existing Conditions with Hotel Room Modifications Page 1 Vail Cascade Hotel Leo A Daly 12-23-2015 Cascade Village — SDD Amendment No. 4 Proposed Plans Page 2 Vail Cascade Hotel Leo A Daly 12-23-2015 Cascade Village — SDD Amendment No. 4 4/5/2016 4/5/2016 Proposed Plans 2 of 15 Site Plan Leo A Daly No Date 3 of 15 Arrival / Extended Porte Cochere Leo A Daly No Date 4 of 15 NE —Arrival Perspective Leo A Daly No Date 5 of 15 North — Arrival Perspective Leo A Daly No Date 6 of 15 NW — Arrival Perspective Leo A Daly No Date 7 of 15 Arrival Canopy Leo A Daly No Date 8 of 15 North Fagade Leo A Daly No Date 9 of 15 North Fagade — Materials Description Leo A Daly No Date 10 of 15 North Fagade - Section Leo A Daly No Date 11 of 15 North Fagade — Section — Materials Description Leo A Daly No Date 12 of 15 East Facade Leo A Daly No Date 13 of 15 West Fagade Leo A Daly No Date 14 of 15 Overall South Elevation Leo A Daly No Date Sheet 1 of 14 Partial Topographic Map of Westhaven Drive, Liftside, Cornerstone and Cascade Club Condominiums PLC Peak Land Consultants 11/16/15 Sheet 2 of 14 Partial Topographic Map of Westhaven Drive, Liftside, Cornerstone and Cascade Club Condominiums PLC Peak Land Consultants 11/16/15 Sheet 3 of 14 Partial Topographic Map of Westhaven Drive, Liftside, Cornerstone and Cascade Club Condominiums PLC Peak Land Consultants 11/16/15 Sheet 4 of 14 Partial Topographic Map of Westhaven Drive, Liftside, Cornerstone and Cascade Club Condominiums PLC Peak Land Consultants 11/16/15 Sheet 5 of 14 Partial Topographic Map of Westhaven Drive, Liftside, Cornerstone and Cascade Club Condominiums PLC Peak Land Consultants 11/16/15 4/5/2016 Sheet 6 Partial Topographic Map of Westhaven Drive, PLC Peak Land 11/16/15 of 14 Liftside, Cornerstone and Cascade Club Consultants Condominiums Sheet 7 Partial Topographic Map of Westhaven Drive, PLC Peak Land 11/16/15 of 14 Liftside, Cornerstone and Cascade Club Consultants Condominiums Sheet 8 Partial Topographic Map of Westhaven Drive, PLC Peak Land 11/16/15 of 14 Liftside, Cornerstone and Cascade Club Consultants Condominiums Sheet 9 Partial Topographic Map of Westhaven Drive, PLC Peak Land 11/16/15 of 14 Liftside, Cornerstone and Cascade Club Consultants Condominiums Sheet Partial Topographic Map of Westhaven Drive, PLC Peak Land 11/16/15 10 of 14 Liftside, Cornerstone and Cascade Club Consultants Condominiums Sheet Partial Topographic Map of Westhaven Drive, PLC Peak Land 11/16/15 11 of 14 Liftside, Cornerstone and Cascade Club Consultants Condominiums Sheet Partial Topographic Map of Westhaven Drive, PLC Peak Land 11/16/15 12 of 14 Liftside, Cornerstone and Cascade Club Consultants Condominiums Sheet Partial Topographic Map of Westhaven Drive, PLC Peak Land 11/16/15 13 of 14 Liftside, Cornerstone and Cascade Club Consultants Condominiums Sheet Partial Topographic Map of Westhaven Drive, PLC Peak Land 11/16/15 14 of 14 Liftside, Cornerstone and Cascade Club Consultants Condominiums Area C, Glen Lyon Primary/Secondary and Single Family Lots Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. 4/5/2016 Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from the centerline of Gore Creek. The Liftside Condominiums Building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be based on the Two -Family Primary/Secondary 4/5/2016 Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single- family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (1/2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth (1/4) the minimum required dimension between buildings. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel Vail Cascade Resort and Spa, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Liftside Condominiums Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4/5/2016 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace N: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single -Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Site Coverage Areak Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. 4/5/2016 Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21, Vail Town Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75%ofthe required parking in AreaAshall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I and the Westhaven Condominiums, where 66.6% and 71 %, respectively, of required parking shall be enclosed in a building. 2. The total parking requirement, based on the proposed development plan and provided in the Cascade parking Structure, is 383 spaces. A total of 421 parking spaces have been provided in the Cascade parking structure. There is a surplus of 38 parking spaces in the Cascade parking structure. Twenty-six (26) of the surplus parking spaces in the Cascade Parking Structure are reserved for use by the Cascade Resort and Spa (Hotel) to accommodate future changes in use or expansions that may require parking. There shall be a total of 421 spaces in the main Cascade parking structure Gub parking structure. A 47-5 10 percent mixed-use credit per the Town of Vail parking code has been applied to the 4/5/2016 total number of required parking spaces in the Cascade parking structure. 3. There shall be a total of 58 on-site parking spaces on the Liftside Condominiums Building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 56 enclosed parking spaces located within the Cornerstone building. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling unitsordwelling units. 6. Phasing: All required parking for Cornerstone and Liftside Condominiums Building shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. 1. Area D, Glen Lyon Commercial Site 2. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both 4/5/2016 written by Mr. David Leahy. 3. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 4. The owner of the property and brewery management shall prohibit semi - truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Vail Town Code as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the 4/5/2016 Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100 -year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 4/5/2016 C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3, as set forth in Ordinance No. 12, Series of 2005. There shall be a total of 2 employee dwelling units in the Liftside Condominiums Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3, as set forth in Ordinance No. 12, Series of 2005. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to 4/5/2016 remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Town Code, unless such time requirement is amended herein. Section 2. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the GGFRT rS+�e—Site Cascade Village, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 3. Conditions of Approval for the Cascade Village Development Plan The following conditions of approval are herein made part of this amending ordinance and shall specifically and exclusively apply or pertain to the site specific development plans approved and referenced herein for the Cascade Village: 1. Prior to the issuance of a building permit for the installation of any proposed swimming pool or expansion of impervious materials in the pool deck area on the south side of the hotel, the Developer shall obtain approval from the Planning and Environmental Commission of a Minor Amendment to this Special Development District No. 4. Section 3 4. Conditions of Approval for the Cornerstone Site Development Plan The following conditions of approval are herein made part of this amending ordinance and shall specifically and exclusively apply or pertain to the site specific development plans approved and referenced herein for the Cornerstone Site: 1. That the Developer revise the approved plans for the Cornerstone Building, prior to or concurrent with any submittal for design review, to ensure that each employee housing unit also include provisions for no less than one -hundred 4/5/2016 (100) square feet of storage, per unit, on-site and within the structure; 2. That the Developer obtains final review and approval of the proposed development plan by the Town of Vail for Review Board, prior to making an application forthe issuance ofa building permit. 3. That the Developer pays in full the employee housing mitigation fee of $691.476.44 or otherwise complies with the Vail Town Code with regard to the required mitigation, in a manner acceptable to the Town of Vail, using any one or a combination of the permitted mitigation methods, pursuant to Section 12-23- 6B, and Section 12-24-6B, Vail Town Code, prior to the issuance of a building permit. 4. That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans, including the following required off-site improvements; a. Design and Construct Westhaven Drive entrance improvements including; additional turn lanes and adequate queuing areas, landscaped and irrigated medians, (6') sidewalk connections from the proposed skier portal to the Frontage Road on both sides of Westhaven Drive, a bus turnaround and bus stop meeting Town of Vail and ECO standards, 3 skier drop-off spaces, landscaping and adequate snow storage areas as approved by the PublicWorks Department. b. Design and Construct A 10' concrete walk along the South Frontage Road from the western most point of the Cascade Parking/Conference building to a point in front of the Liftside Condominiums, approximately 680' in length (including crosswalk). The walk shall be detached wherever feasible and separated by a minimum of a 5' landscaped and irrigated buffer. Such drawings/plans shall be submitted to the Town of Vail Community Development Department for review and shall receive approval prior to the Developer making application for the issuance of a building permit. 5. That the Developer shall address and resolve, to the satisfaction of the Town Engineer, all the comments and conditions identified in the memorandum from the 4/5/2016 Town Engineer, and addressed to Scot Hunn, dated January 25, 2008, on any civil engineered plans submitted in conjunction with building permits. 6. That the Developer pays in full, the Traffic Impact Fee of $117.000 (based on the 18 net pm peak hour trips) prior to the issuance of a building permit. All or a portion of the fee may be offset by specific capacity improvements including the cost of the design and construction of the left turn lane on Westhaven Drive. 7. That the Developer prepares a Cornerstone Building Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the request for a temporary certificate of occupancy. Subject to the above input and comment by the Art in Public Places Board, the Applicant will work with Town Staff to determine the type and location of the art to be provided. Said Plan shall include the funding, up to $50.000, for one (1) public art improvement to be developed in conjunction with the Cornerstone Building project. 8. That the Developer provides the legally executed and duly recorded Type VII deed restriction with the Eagle County Clerk & Recorder's Office in a form approved by the Town Attorney for the four (4) on-site employee housing units, and that said units shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. 9. That the Developer integrate sustainable and/or energy efficient technologies such as geothermal or ground source heating, active solar and high efficiency heating and cooling systems and equipment in any further design and construction specifications, to be approved by the Town prior to installation, for all portions of the heated bus turn -around and skier drop-off areas identified on the plans labeled "Cornerstone Schematic Bus Turnaround" by Alpine Engineering, dated June, 3, 2008; 10. That the Developer submit a master sign program for design review for those areas along Westhaven Drive and near the intersection of Westhaven Drive and 4/5/2016 South Frontage Road, specifically for the purpose of directing skier parking within the Cascade Resort parking structure and reducing, to the extent possible, the amount of vehicles parked on South Frontage Road. Section 4 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7- 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of March, 2016, and a public hearing for second reading of this Ordinance set for the 5th day of April 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 4/5/2016 Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 4/5/2016 Memorandum To: Planning and Environmental Commission From: Community Development Department Date: February 8, 2016 Subject: A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a reduction of seven (7) accommodation units, creation of a new fitness center inside the hotel, new spa, new salon, larger hotel rooms, new porte-cochere at main entry, and changes to the terrace on the rear of the building, located at 1300 Westhaven Drive/Cascade Village (Unplatted Section: 12 Township: 5 Range: 81 PCLIN SW 1/4N E '/4 ), and setting forth details in regard thereto. (PEC160002) Applicant: Vail Hotel Partners, LLC, represented by Mauriello Planning Group Planner: Chris Neubecker I. SUMMARY The applicant, Vail Hotel Partners, LLC, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council on a major amendment to a Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the reduction of seven (7) accommodation units (292 units to 285 units, for a total reduction of 2,023 sq. ft.), creation of a new fitness center inside the hotel, new spa, new salon, larger hotel rooms, new porte-cochere at main entry, and changes to the terrace on the rear of the building, located at 1300 Westhaven Drive/Cascade Village. Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval, with conditions to the Vail Town Council, of a major amendment to Special Development District (SDD) No. 4, Cascade Village, subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Vail Hotel Partners, LLC, represented by Mauriello Planning Group, LLC, has requested a final review of a proposed amended development plan for an Area A of 4/5/2016 Special Development District (SDD) No. 4. The amendment would allow for the reduction of seven (7) accommodation units (292 units to 285 units, for a total reduction of 2,023 sq. ft.), creation of a new fitness center inside the hotel, new spa, new salon, larger hotel rooms, new porte-cochere at main entry, and changes to the terrace on the rear of the building. A total of 9 accommodation units are impacted by these changes, but the result is a net reduction of 7 accommodation units due to combining 4 units into 2 presidential suites. A vicinity map has been attached for reference (Attachment C). A major amendment is required for the reduction in the number of accommodation units. The changes to the uses inside the hotel on their own would require a minor amendment to the SDD, but are included in this application. Other proposed changes to the hotel include the addition of a spa, salon, fitness center, creating some larger hotel rooms, and minor exterior changes (including the new porte-cochere). Overall, there is no change in the size of the hotel. Some uses inside the hotel are changing, and some uses are either increasing or decreasing in size, but the net total area of the hotel will not change. The changes are proposed in conjunction with major upgrades to the hotel, including major interior renovations, which are proposed in order to bring the property up to the standards expected by the Starwood Luxury Collection, the new operator of the Cascade Hotel and Resort. The proposed changes would reduce the number of accommodation units, but will also bring a higher average daily rate. The addition of the Starwood brand will bring a new lodging franchise to Vail and also allow members of Starwood's Preferred Guest program to use their points in Vail. The new owners are also seeking to expand the use of the Cascade Hotel and Resort for more events and conferences, and these upgrades of part of that strategy. The applicant has provided a written narrative of their request, dated January 11, 2016 (Attachment A) and plans (Attachment B) dated January 4, 2016. A Vicinity Map (Attachment C) is also enclosed with this report. III. BACKGROUND SDD No. 4 History Special Development District No. 4 (SDD No. 4), Cascade Village, was adopted by Ordinance No. 5, Series of 1976. There have been many subsequent amendments to this SDD since its original adoption. Special Development District No. 4 originally included the following: • Area A Cascade Village (17.955 AC) • Area B Coldstream Condominiums (4.0 AC) • Area C Glen Lyon Primary/Secondary and Single Family Lots (9.1 AC) • Area D Glen Lyon Commercial Site (1.8 AC) • Area E Tract K (8.322 AC) Town of Vail Page 2 4/5/2016 • Dedicated Open Space (32.078 AC) • Roads (4.7 AC) The entire Cascade Village development site is approximately 97.955 acres in size. The property was annexed into the Town of Vail under Eagle County jurisdiction; there is no underlying zoning for Cascade Village. The uses and development standards for the entire development site are outlined in the adopting ordinance for Special Development District No. 4. Previous Approvals - Cascade Hotel & Resort Ordinance 12, Series 2005 was approved to include the development plan for the Westhaven Condominiums and also to remove the Recreation Amenities Tax for Development Area A from the SDD language. Ordinance 10, Series 2008 was approved to amend the development plan for Area A (Cascade Hotel) to allow for the enclosure of two decks on the south side of the hotel. Ordinance 5, Series 2008 superseded Ordinance 10, 2008 (despite the difference in numbering) by re-establishing the development standards for Development Area A and amending and re-establishing the development plan for the Cornerstone Site. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code 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. Town of Vail Page 3 4/5/2016 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 use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 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: Town of Vail Page 4 4/5/2016 V. 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. SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Geological Hazards: VI. SURROUNDING LAND USES Land Uses 1300 Westhaven Drive Unplatted — Section: 12 Township: 5 Range: 81 PCLIN SW'/4 NE'/4 SDD No. 4 (No underlying zoning) Resort Accommodations and Services Mixed -Use Residential and Resort/Spa None North: Parking Structure/Westhaven Dr South: Glen Lyon Subdivision East: Glen Lyon Subdivision West: Millrace Condominiums VII. ZONING ANALYSIS / SDD No. 4, AREA A Zoning SDD No. 4 SDD No. 4 SDD No. 4 SDD No. 4 Development Allowed/Required Existing Proposed Change Standard (Area A) Gross 356,680 sq. ft. 356,860 sq. ft. 354,837 sq. ft. -2,023 sq. ft. Residential Floor Area (GRFA) Commercial 35,698 sq. ft. 27,363 sq. ft. 28,068 sq. ft. +705 sq. ft. Area Parking* 409 spaces 421 spaces 421 spaces No change Accommodation Maximum 288 292 285 -7 AUs Town of Vail Page 5 4/5/2016 Units (AUs) Dwelling Units Maximum 131 No change (DUs) Employee 0 0 0 No change Housing Unit Height Cascade Hotel 71' 55' No change Cornerstone 71' Site Coverage 45% (or as approved 43% 44.3% +2.174 sq. ft. by site development plan) Landscaping 50% (per SDD) 37% 1 36.9% -1,500 sq. ft. 'Does not include approval to add parking through conversion of tennis courts, PEC150035. VIII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA 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. No significant changes are proposed to the design or architecture of the building. A minor change is proposed to the porte-cochere at the main entrance to the hotel. The materials of the porte-cochere will be compatible with the design of the existing building. The porte-cochere and other exterior architectural changes will be reviewed by the Design Review Board. The overall design of the property is expected to remain much as it is today, and there is no change proposed to the bulk, height, scale or character of the building. No new floor area is proposed. At the rear of the property, an area of approximately 1,500 square feet has been identified for a future swimming pool. This area is between the existing hotel and the Gore Valley Trail along Gore Creek, and is currently landscaped. The pool is not proposed to be constructed at this time, but the applicant would like the pool included in this amendment so that it may be added in the future without requiring another SDD amendment. As a result, the location and size of the pool are included in this amendment. Installation of this pool would require removal of some existing landscaping and a reduction in the buffer zones to the property when viewed from the south. The installation of the pool would also require approval of a Design Review Board application and a building permit. Overall, visual integrity and orientation will all remain as -is. Town of Vail Page 6 4/5/2016 Staff finds the proposal does comply with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The applicant proposes to make some changes to the existing uses in order to provide more amenities for the hotel guests and to better utilize space. A reduction of seven (7) accommodation units is proposed (292 units to 285 units, a reduction of 2,023 sq. ft. of GRFA); the space from these hotel rooms removed will be used to create two new presidential suites, add a new spa (5,800 sq. ft.), salon (650 sq. ft.), and create a new library (602 sq. ft.). The additional amenities and presidential suites are important to bring the property up to the standards of the Starwood Luxury Collection. The Cascade Hotel has averaged 60% annual capacity over the past three years. Also in the past three years, there has been an average of 33 nights when demand exceeded 285 rooms, with the greatest at 43 room nights. There is no new net area being added to the hotel building. Uses are being rearranged within the building, such as the bar in the Fireside lounge being moved to be within the restaurant, and new spa, locker rooms, salon, fitness area, and kids camp added to areas previously occupied by administration, back of house operations and hotel room (see pages 6 and 7 of the applicant's narrative.) There are changes to the net floor area within the hotel (areas or numbers used for calculating parking) for some uses. These changes are due to the relocation of uses within the building and the refinement in the calculations of these areas as they relate to parking. For instance, the restaurant parking calculation is based upon seating area which is modified due to the introduction of the bar within areas previously used to calculate seating area. Some commercial areas for retail and market/cafe areas were not previously calculated accurately and some areas appear to be reduced in area. New uses within the building have the following floor areas: New Use Former Use Area Spa Hotel rooms, meeting room, and operations 5,800 sq. ft. Salon Hotel operations 650 sq. ft. Fitness Hotel operations 2,701 sq. ft. Kids Camp Hotel operations 650 sq. ft. New Library Hotel room 602 sq. ft. New Condo Check-in area Retail area 499 sq. ft. Town of Vail Page 7 4/5/2016 Following is a breakdown of the changes that impact accommodation units and commercial space within the hotel: New Use Previous Use AU Keys Reduced AU Area Reduced Total Area Spa AUs, meeting rooms and administration offices 4 1,421 sq. ft. 5,800 sq. ft. Salon Engineering offices 0 650 sq. ft. 650 sq. ft. Library Accommodation Unit 1 602 sq. ft. 602 sq. ft. Presidential Suites* Accommodation Units 2 0 Market Fitness Center Toilets/Changing Rooms 0 0 2,701 sq. ft. Retail Market Market & Pepi's Sports 0 0 1,095 sq. ft. Fireside Lounge Fireside Bar 0 0 1,800 sq. ft. TOTAL 7 2,673 sq. ft. *Four Accommodation Units combined into two suites Below is a breakdown of the commercial and amenity uses and their respective change in size: Use Current Size Proposed Size Restaurant 4,735 sq. ft. 3,250 sq. ft. Cafe 2,160 sq. ft. 0 Pepi's Sports 2,491 sq. ft. 0 Fireside Bar 1,800 sq. ft. 0 Terrace Retail 5,856 sq. ft. 5,856 sq. ft. Plaza Retail 2,024 sq. ft. 2,024 sq. ft. Conference 8,297 sq. ft. 8,297 sq. ft. Market 0 1,095 sq. ft. Other Retail 0 1,096 sq. ft. New Salon* 0 650 sq. ft. New Spa* 0 5,800 sq. ft. TOTAL 27,363 sq. ft. 28,068 sq. ft. *Amenities that are designed primarily for hotels guests have generally not been included for calculating parking demand. The new uses, activity and density will remain compatible with the existing hotel and surrounding development, and will provide an efficient and workable relationship with surrounding uses and activity. Staff finds the proposal complies with this criterion. Town of Vail Page 8 4/5/2016 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. SDD No.4 currently requires 409 parking spaces, and 421 spaces are currently provided. This number does not include parking spaces recently approved but not yet constructed on the upper level of the parking structure. (The applicant recently obtained approval of a minor SDD Amendment, PEC150035, to allow for the conversion of three indoor tennis courts on the top level of the parking structure into parking. The approved project will add 63 enclosed parking spaces and 14 outdoor parking spaces for a total of 77 spaces.) SDD No.4 requires that 75% of the parking spaces for Area A shall be within a parking structure or building, with the exception of Millrace IV, Scenario I and the Westhaven Condominiums, where 66.6% and 71%, respectively, of required parking shall be enclosed in a building. A 10% multiple use credit is also allowed, which has been applied to obtain the required parking noted above. The proposed changes will result in a reduction of 50 required parking spaces, assuming that amenities such as the spa and salon are not required to provide parking. These uses are primarily for the use by hotel guests. If parking is required to be provided for the spa and salon, then there would be an excess of about 37 parking spaces. Use Number Area Parking Required Accommodation Units 285 232 Restaurant 3,250 sq. ft. 27.1 Market 1,095 sq. ft. 3.65 Retail 8,976 sq. ft. 30.65 Conference 8,297 sq. ft. 69 Spa 5,800 sq. ft. 19.3 Salon 650 sq. ft. 2.16 TOTAL 383.86 PROPOSED 421 EXCESS PARKING 37.14 No changes are proposed to the existing parking with this application. The applicant currently leases parking spaces from a private owner of the 3rd level of the Cascade parking structure. The parking on this level is required to provide parking for the hotel and the retail uses within Area A of SDD No.4. When the Vail Ski Resort is open for the ski season, the parking must be made available to the general public, although a fee may be charged. This requirement is enforced by a covenant between the parking owner, the Town of Vail and Vail Resorts. Town of Vail Page 9 4/5/2016 No changes are required or proposed to the loading or delivery areas currently provided. Staff finds the proposal complies with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff has reviewed the Vail Comprehensive Plan and found the following documents and associated goals, objectives, statements applicable to this proposal. Vail Land Use Plan (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). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2. Skier/Tourist Concerns 2.1. The community should emphasize its role as a destination resort while accommodating day visitors. 2.2. The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.5 The community should improve non -skier recreational options to improve year-round tourism. 3. Commercial 3.1. The hotel bed base should be preserved and used more efficiently. Town of Vail Page 10 4/5/2016 3.2. The Village and Lionshead areas are the best location for hotels to serve the future needs of destination skiers. The applicant's proposal to upgrade the hotel and its amenities is supported by the policies of the Vail Land Use Plan. Staff finds the proposal complies with this criterion. 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. The Cascade Hotel & Resort is immediately adjacent to Gore Creek. None of the changes proposed in this SDD amendment will impact the creek or are within the 50' Gore Creek stream setback. This portion of Special Development District No.4, Cascade Village, is not located within any identified geologic hazard, rock fall, debris flow, avalanche area or floodplain. There are currently no violations or encroachments into the Town owned stream tract on this parcel. There is one violation on an adjacent parcel owned by the applicant, where the owners of 1210-A Westhaven Lane (across Gore Creek) have installed a walking path across the stream tract, and have installed a picnic table, lawn chairs and a stone wall on the applicant's property. The Town's Environmental division has made contact with the owners of 1210-A Westhaven Lane. Staff finds the proposal complies with this criterion. 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 does not include any significant changes to the site plan, building design and location, or open space provisions. Minor exterior changes are proposed to the porte-cochere at the main hotel entrance, and minor changes are proposed to the terrace area at the rear of the property. These changes will keep the property in character with the existing developments in Area A of this Special Development District. The overall aesthetic qualities of the community have changed since the development of the Cascade Hotel and Resort. Many of the newer lodging properties have used materials that better represent the alpine setting of Vail, with more abundant use of stone and timbers. Although no major exterior upgrades are proposed at this time, minor changes are proposed near the main entry to add accents of natural stone and timber. Exterior design changes will be reviewed by the Design Review Board. Town of Vail Page 11 4/5/2016 Staff finds the proposal complies with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The only change proposed to the traffic circulation system is the change to the porte- cochere and revision to the landscape island. The island is proposed to be modified slightly to improve turning movements. This change has been reviewed by the Vail Fire Department, and the applicant is providing details on the fire truck turning movements and the fire connections and hydrants, as requested by the Fire Marshal. More detailed review on the fire truck staging will also be provided during the Design Review Board review. No other changes are proposed to the traffic circulation system. Staff finds the proposal complies with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. No major changes are proposed to the existing landscaping or open space at this time. Minor changes are proposed the landscape island at the porte-cochere, but there will be no net changes in the landscaped area. At the rear of the property, an area of approximately 1,500 square feet has been identified for a future swimming pool. This area is between the existing hotel and the Gore Valley Trail along Gore Creek, and is currently landscaped. The pool is not proposed to be constructed at this time, but the applicant would like the pool included in this amendment so that it may be added in the future without requiring another SDD amendment. As a result, the location and size of the pool are included in this amendment. Installation of this pool would require removal of some existing landscaping and a reduction in the buffer zones to the property when viewed from the south. The installation of the pool would require approval of a Design Review Board application and a building permit. Even with the new pool, the proposal will maintain functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Staff finds the proposal complies with this criterion. 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. Town of Vail Page 12 4/5/2016 No changes are proposed to the phasing plan or subdivision plan. Staff finds the proposal complies with this criterion. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions to the Town Council on a major amendment to a Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a reduction of seven (7) accommodation units, creation of a new fitness center inside the hotel, create larger hotel suites, add a spa and fitness center, new porte-cochere at main entry, and changes to the terrace on the rear of the building located at 1300 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, with a condition, to the Town Council for a major amendment to Special Development District No. 4, No. 4, Cascade Village, pursuant to Section 12-9A- 10, Amendment Procedures, Vail Town Code, to allow for a reduction of seven (7) accommodation units, creation of a new fitness center inside the hotel, create larger hotel rooms, additional amenities, a new porte-cochere at main entry, and changes to the terrace on the rear of the building located at 1300 Westhaven Drive/Cascade Village, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission include the following condition: 1. The exterior building and site changes shown in this SDD major amendment approval are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with a conditions, for this request, the Community Development Department recommends the Commission makes the following findings: Town of Vail Page 13 4/5/2016 "Based upon the review of the criteria outlined in Section Vlll this Staff memorandum to the Planning and Environmental Commission dated February 8, 2016, and the evidence and testimony presented, the Planning and Environmental Commission finds: That the SDD amendment complies with the standards listed in Section 12-9A-8, or the applicant has demonstrated that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD 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 SDD amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD 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." X. ATTACHMENTS A. Applicant Narrative dated January 11, 2016 B. Proposed Plans, prepared by Leo A. Daly, dated January 4, 2016 C. Vicinity Map Town of Vail Page 14 4/5/2016 0�PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VA 5 February 8, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 (Note: These minutes have been included for review of Ordinance No. 5, Series of 2016 only. These minutes include only discussion of the Cascade Village / SDD No. 4, and do not represent all of the items discussed at the meeting of February 8, 2016 Additional agenda items that were discussed but which are not relevant to this application, and have been excluded. For a complete copy of the minutes of the Planning and Environmental Commission meeting of February 8, 2016 please contact the Town of Vail Community Development Department.) 5. A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Area A, Vail Cascade, pursuant to Section 12-9A-10 Amendment Procedures, Vail Town Code, to allow for a reduction of seven (7) accommodation units, major interior renovation, new fitness area, new spa for guest use, new entry vestibule and a modified porte-cochere in the Vail Cascade Resort & Spa, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC160002) Applicant: Vail Hotel Partners LLC, represented by Mauriello Planning Group Planner: Chris Neubecker Action: Recommendation of Approval to Town Council with Condition Motion: Kurz Second: Rediker Vote: 4-0-1 (Pratt Recused) Condition: The proposed pool shall be reviewed and approved by the Planning and Environmental Commission. Henry Pratt recused himself from the hearing due to a conflict of interest. Planning Manager Neubecker introduced the proposed amendment to the Vail Cascade Hotel. Reduction in accommodation units is primary reason this is a major amendment. Other changes in uses are also to be considered. New ownership has certain improvement requirements to bring the hotel up to their standards. The primary change on the exterior is a new porte-cochere (covered entry for vehicles). Other exterior change include a change from wooden to stone panels on entrances, changes to the terrace, and a change in the size of landscape island. The current hotel does not experience full occupancy and it is hoped that the upgrades and management will increase occupancy despite a reduction in the overall amount of units. The staff report highlights the extent of the proposed changes, including a reduction in approximately 2,000 sq. ft. of GRFA and a slight increase in commercial space. No parking changes are proposed. Changes to the tennis facilities have already been approved under separate application and are not a requirement of the SDD. There is no change to employee housing or height. There are minor change to site coverage and landscaping. Staff finds the proposal meets the criteria for SDDs and recommends approval, with 4/5/2016 one condition. Rediker asked for Commission comments. Lockman asked about a comment on the staff report regarding the maximum number of units. Neubecker confirmed that the existing conditions exceed the maximum number of 289 units. Lockman commented that the change in landscaping seems like a lot of square feet, but only a very small percent change. Neubecker responded that the percent change is very small based on the relatively large size of the site. Gillette asked what other documents regulate the property, to which Neubecker responded just the Town Code and existing SDD. Gillette asked about AUs (accommodation units). Neubecker responded that because it is not part of Lionshead, reduction of accommodation units is not regulated by the master plan. Gillette asked what specifically causes the proposal being a major amendment, to which Neubecker responded that a reduction in the amount of accommodation units requires a major amendment, per Town Code. Gillette asked if staff knew why the site is noncompliant in regards to landscaping to which staff did not have any information explaining why it was out of compliance. Rediker commented about the location review criteria used by staff. He then asked about AUs being mentioned in the Vail Land Use Plan, to which Neubecker responded there is no requirement within the Vail Land Use Plan to preserve AUs. Rediker asked if there are specific documents like the Lionshead Plan which require the preservation of AUs, to which Neubecker responded in the positive, but this is not within the Lionshead area. There are no such statements within the Cascade SDD. Gillette asked what landscaping percentages existed on other sites. Dominic Mauriello responded he can address that question in his presentation. Dominic Mauriello, MPG, consultant for the Applicant, began by introducing the development and team and referencing a PowerPoint presentation. Philip Cyburt of Laurus Corp. reviewed the proposed investment in the redevelopment of the property. Investment will be made into the hotel, but also the hotel will be branded as part of the Starwood Luxury Collection. Enhanced booking systems and marketing are part of this improvement. The reduction in rooms is due to a desire to be competitive within the luxury market by increasing the amount of suites and to have a spa within the hotel. Cyburt continued by summarizing the applicant's vision for the redevelopment of the hotel. The hotel will need to be temporarily closed to accommodate the construction of the improvements. A subsequent application for improvements to the Aria Health Club is anticipated in the future. Mauriello summarized the SDD amendment and the sensitivity to a reduction in AUs. The SDD is one of the few SDDs within the town that has multiple owners. Dominic speculated that sometime in the 1990s part of a salon was converted to four additional hotel rooms. Based upon what the original ordinance stipulated, the proposed reduction is only three AUs less than the established 4/5/2016 maximum. Dominic provided statistics regarding occupancy and noted that over the last three years, only 0.05% of the time was the hotel over 285 units occupied. The reduction should have a minor impact and the upgraded rooms will help increase the aggregate rate. Dominic referenced an image depicting the location of the rooms to be eliminated. He then referenced the proposed improvements specified in the application, including changes to the bar and restaurant floor plans, expanded terrace area, remodeled lobby, common areas, and conference and meeting rooms. John Garth, General Manager of the Cascade Hotel, was introduced to speak of the impact of updated conference and meeting rooms. Right now, the hotel is limited to second and third tier groups. However, the footprint should allow for the hotel to be a premier space capable of accommodating first tier groups. Mauriello continued discussing the proposed improvements, including an on-site spa and salon, fitness area, and kids play area. Discussing the exterior improvements Dominic described the porte-cochere and terrace improvements. The location of the terrace improvements is where the loss of landscaping occurs. In regards to the zoning analysis, there are no other issues outside of the reduction in the number of rooms. The issue of parking was then discussed. The existing parking structure is compliant with the SDD. Dominic expressed his belief that because they are not changing the conference facilities, they should still be subject to the required 35 parking spaces for conference use, not the 69 spaces identified within the staff report. In regards to the tennis court conversion, Dominic stated that the tennis courts were not a required improvement and noted that the structure was designed to accommodate parking. After the conversion, there will be a surplus of 26 parking spaces beyond what is required. Employee housing is only required when adding area, but Dominic stated that the proposed changes actually reduce the demand for employee housing. Dominic concluded by reviewing the criteria for approval of a major amendment. Rediker asked for commissioner comments. Lockman asked for an explanation as to how the employee housing demand decreased. Dominic referred to a table on a slide that calculated the change in floor area with each specific use. Gillette asked for more information on the loss of landscaping to which Dominic referred to a slide and identified an area where a pool could be located, thus resulting in a loss of landscaping. Gillette asked for information about the amount of landscaping at other similar properties. Dominic responded that it depends on location and the applicable regulating documents. Gillette asked staff to check on the amount of landscaping required within the Public Accommodation (PA) zone district, to which Neubecker responded that 30% is required. Rediker asked if the SDD regulates setbacks from the bike path, to which Dominic responded in the negative. Rediker asked for clarification if the creation of suites would also result in the loss of beds, to which 4/5/2016 Dominic and John Garth responded that they should have the ability to sleep the same number as before through the use of pull-out couches. Public Comment - None Final Comments — Lockman stated that the loss AUs is a concern, but the overall need to renovate the property makes sense and he can favor approval. Kurz stated that he is also in favor of the proposal and through personal experience he felt the addition of quality improvements offsets the loss of AUs. He asked for confirmation that the parking is compliant, to which Neubecker responded in the positive. Gillette concurred with staff's recommendation and favors the proposal, despite his concern regarding the loss of landscaping. Rediker noted that there is not a prohibition against reducing the amount of AUs and based on existing low occupancy rates that it should not be an issue. Rediker expressed concern regarding the loss of landscaping, especially in placing concrete in an area where buffers along Gore Creek are needed. Rediker stated that he is concerned about approving the changes to the terrace without a definite plan moving forward. Rediker suggested approval of the terrace be subject to future PEC approval. Gillette agreed with Rediker's suggestion. Neubecker asked for clarification of the area to be subject to future approval, which should be the pool and not the terrace. Rediker described the area in which the future pool may be proposed. Gillette suggested the review of a stormwater plan. Neubecker stated that there are existing stormwater regulations within the existing SDD. 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NSA EXISTING CONDITIONS WITH HOTEL ROOM MODIFICATIONS :el 9,-a,I, DATE: 12-23-2015 PAGE:3 4/5/2016 5QQ 5K 5QQ SK 50Q 5K I 5QQ SK S7K � am� II _ sea — �°oom 4QQ L� S13QQ � 2K 4K ,K iQQ 2K SfiK Rns �.> ry iQQ 1K I am 2K — aec ae�H eas asitias aes sw ss 5K 500 SAK SQ 5 2AK susJ 6 2K QQ rvsa `� E rvaom ry a rvoom rvoom rvog 2AK_ q n am sus M QQ 6K 6QQ M 6QQ 6K 6QQ 6K O iQQ iK 2AK iK iQQ �Vr as 2K � I — � Lara) *1- q K is iK iQQ �Jla"7 2K lam a Ins s n 2AK IIS— SQQ SBK — 99 2K — — — — — — — — 6 Q 6K 6m'Q 6K 6QQ 2AK ais �' a 0 O ®00 O 52n az c. 19a� — 2K ® rvs ��I II@v d7oo �-y'� 2K u_ u_ LTJ ISI ISIROOM CODING LEGEND K=One (1) KineG etl 512QQ 2K 2K 2K 2K 2K 2K 2K 2K 2K 2K 2K S1 Q —E. 00=Two 12)Ou Bees S =Sue # =Room Typ _ sorts NA =Room Type antl Variance H eslEpN— EXIs111-1-101 EXISTING THIRD LEVEL PLAN SCALE: 1" = 20'-0" LEDA DALY VAI L CASCADE HOTEL CASCADE VILLAGE - SDD AMENDMENT NO. 4 EXISTING CONDITIONS WITH HOTEL ROOM MODIFICATIONS rel aoz-3s-ani ea,.oz-a9�se< DATE: 12-23-2015 PAGE:4 4/5/2016 3AK BK 3K 3K S]AK [40C]L o } 3CK4K I 3K S6AK 3K 3K eje�l — F83m NBom� �m Nim Nim iG"om 3K — 7QQ 7AK 7AQQ 7K 7QQ 7AK 7AQ7Q 73K 3K 3BK 71 e1 'I 1 s1 ays asp as �Il S16 ]AQQ ]K AQQ LAK AQQ E 7K H ESMD NEI Ex.-G.-N.— ROOM CODING LEGEND K 0" (1 Bed OQ = Two (2) Qu— Beds s =SDne # = Room Type #A =Room Typescd Variance EXISTING FOURTH LEVEL PLAN SCALE: 1" = 20'-0" LEDA DALY �:`�'"` "R VAI L CASCADE HCrTEL °."� E':�o`a"� E CASCADE VILLAGE - SDD AMENDMENT NO. 4 EXISTING CONDITIONS WITH HOTEL ROOM MODIFICATIONS Te14O2-391-N'�� Fax9O'-"�$5fi4 DATE: 12-23-2015 PAGE:5 4/5/2016 LE3�A DALV' «,E. e., VAIL CASCADE HOTEL CASCADE VILLAGE - SDD AMENDMENT NO.4 mss,. PROPOSED PLANS DATE: 12-23-2015 PAGE:1 4/5/2016 Q o 0 0 0 0 0 0 0 0 0 0� AREAS THAT HAVE PLAN CHANGES PROPOSED ENTRY LEVEL PLAN SCALE: 1116" = 1'-0" LQ7ADALY E.,e., VAIL CASCADE HOTEL CASCADE VILLAGE - SDD AMENDMENT NO. 4 PROPOSED PLANS Te1p2-31 .a"�'-391"' DATE: 12-23-2015 PAGE: 2 4/5/2016 SAL LROOMS & MEETING ROOMS WITH FINISH CHANGES NEW TERRACE&STAIR AREAS NOT IN SCOPE PROPOSED ENTRY LEVEL PLAN SCALE: 1116" = 1'-0" LQ7ADALY E.,e., VAIL CASCADE HOTEL CASCADE VILLAGE - SDD AMENDMENT NO. 4 PROPOSED PLANS Te1p2-31 .a"�'-391"' DATE: 12-23-2015 PAGE: 2 4/5/2016 ti - ` .. • lv,.. BACKLIT ARCHITECTURAL METAL PANEL EAST FACAD E MADALV1QD WOOD CLAD STEELBEAMS 36 o En 4/5/2016 o: 12 OF 15 WEST FACADE LEDADALV1QD 4/5/2016 13 OF 15 OVERALL SOUTH ELEVATION NEW EXTERIOR STAIR .` �.....r '�.............. ' A....... NEW LARGE SCALE WINDOW MADAMCD NEW "NANA-WALL" DOOR / WINDOW SYSTEM, EXTENDED TERRACE AND RAILINGS 11.112 113111 ■ ■■ '141 P I■ MI ■1■■ ■ I ■■ II 1111mm 1111I I mull I 111.11malls In Full 1 1 lilt l Ilm II 111 91 --------------- 4/5/2016 14 OF 15 ARRIVAL / EXTENDED PORTE COCHERE LINE OF LINE OF NEW EXISTING ISLAND ISLAND — 'STONE"BASES ,, ; • Q AND SURROU ♦ 5' LINE OF EXISTING CURB TO BE MODIFIED IMADALV1Q) 4/5/2016 SCALE vsz° = i' -o° ® 3 OF 15 N NORTH -ARRIVAL PERSPECTIVE MADALV1QD 4/5/2016 5OF15 gyp"loll P"' L m NORTH FACADE �•+■ NEW UNIQUE BACKLIT ARCHITECTURAL ARTA: PANEL MPIP R r�' zw PREFERRED PATTERN MADALV1QD METAL FRAMES AT PORTAL ELEMENTS li��1�� IIII�IIIII WOOD CLAD STEEL BEAMS AND SOFFIT 4/5/2016 "STONE" ADHERED CONCRETE MASONRY* �•� PREFERRED COLOR - PREFERRED PATTERN 7 �I Ill<<111I11 ISI II[illll mi 'SUBJECT TO TOWN OF VAIL APPROVAL 8 OF 15 NORTH FACADE - MATERIALS DESCRIPTION REMOVE EXISTING WOOD PANEL DETAILAND REPLACE WITH BACKLIT ARCHITECTURAL METAL PANEL. TO BE MECHANICALLY FASTENED, AND FLOATED OFF OF THE WALL SURFACE. IANODIZED METAL FRAMES AT I PORTALS, AND HEADER BEAMS IN NEW STONE PIERS. MODIFY EXISTING STRUCTURE OF ARRIVAL CANOPY TO ACCOMMODATE INCREASED ARRIVA LANES AND CLEAR HEIGHT WITH WOOD CLAD STEEL BEAMS. 4/5/2016 STONE WRAPPED AT BASE OF COLLONADE AND AROUND SURROUND OF ARCHED OPENINGS. 9 OF 15 LEGAL DESCRIPTIONS: PAIEL T —1— 1 TF4T NANT OF TNE sway I E. SESIBN 11, TDANSNII I — NAKE .1 DA AS .1.9PAL 4EIISAN. —.1 EA111, 111 11 M III AT A Pl"I -1 1 111 —111 111 11—D I.. SEITIN I—E S� I" ATSD TF.. I AS EE TFENE. I DE - — TFEWTE I BE: . IIABI TFINII 1 11: W DID EE.NNI- -IEBI- �ZITNI TIN '011�ITI 'I�A,-,ENT �-A%l` E. IUM.�TT �'l —'ll FBN 1 13, 2. 1984. N 8 398 AT PAGE 829 AND I— — AllEIS —ENT A, SET FM, 'r ANS (11,A1T , 1.1EASE. NENT _ "WST 66 —eTNN I 41,E,�,T IAI,. 111 — 1111) M X Er _ A, � I 111TIIIAL BAISIENTS IINE 1B, 1987 N N AEA AT PAGE AND PASE 885 T�,C,�.El , "'" IXTII�N B111—AN, IN, IARSEL � P—A .. TF47 PART DF TNE SW � NE ISS1 —SNIP I — IANBE IT _T D, TNE , Ip, lElD.S. 1., S.-1 .1 E— SITE a7- —IAD.. .—IIIIS AD FBI 6ESMN'NS AT TIC N­ —SNASS — IMI AM`NMNl"TlC"lT"'= %J� ICONSED IN BOOK 517 AT PASE 120 1" TFE — DF TIE EASEE -- ,_AM l— 11 1 IN I IAI 1117 12 lEANI 1 14 SB IS' . —BI FEET. I TIENIE FEET All 11 A�l IE 'IT "Al"I A DT 1� —T. A N.. ANNEE DT TS�l p AND A AT BE. TFIN' —SE I B7� II: '2:�'.'5'72. 1 11' .2.1.1 ITT, TFEWE I B7 ` I'. FEE TFE.SE I " TFE"IE 1 17: W �1j I D�0 FEET, TFEM. 1 12 SIT - FEET —.11 N Il 11' 1 . FEBT, TFENSE . B7 BI: W 4.4 FEET TFEWE 1 12 5B� �N- W IN . TEET TIT 7NE D, AND TME r�E TME NE "` a7- DID 2; . .1 I N 17- . 11 w eo.AD FTET I — PINT of BI.N.INB. 7ENIE.P MITOrLEIDEDA—BIN'T AS, �,INI IN'. R'A'TI AND —T T TNANTN RINTI AND TDGE— DICLAIISN DF —101AL I BAN ANTS S IAIABE IIZ���MEP"l�EW�EDARIIIEONI3.CIF117R.EIN �FRI�w�4IE4A�TMEN4�I IFIR LEGAL DESCRIPTIONS: IANNEL I — " ' ": ':: * ' S 2,� 21 FEET. I1 .1 TEE I s3'3r' ID- w 111- FEET. 4) s 81'11'IS- w I.. FEET, W 7NENCE SEPAIR 7Z?`B '1ZE . Il 7.1'fTW AN 11A41 IEET . TFI ININT �` SE.—I IM TT"ER AN AWESS EATENT " SET — DECLANATON AND IANT I EIEIENT 111111D ANWIT 1. ", IN I_ 42, AT A,, STHA DRII AND AOTE55 EASEEENT RECORDED N%EN— 2 964 ASE TOITFM " DE"A'A M Ep EASEIENI IE—ED IINE 21. 1117, IN ISSN 11 AT PAIE Wl AND IAIE OTE�NU�—M MTN DEC,�.RI OF —N—AL E.�ANTIA`M A. ANC 'EA RECORDED 3, 1 W. SOIN T , DE S EASE.E.TS D—BES THEREIN GENERAL NOTES: 1-- . 'STRADDLE', -NATON - -7 IN_ ID)UNDT.A. — CON—L P— z. A R"CT ' - 01':..' CSEF.AlAT�' CEN—' ­NE (NA.) N' 1983192 ANDrow " NA L N"`NS "o`BCT OC RAD" N III I 27111,717 AND -BDMA N 4TIM111499WEATMIKID. —DILE I ..I—N - F—D .0, 1 1 . .D THE . TELL E- D AND TEs) 1(IT— FINE —DII AS Il— -- —Al. - IT.. DEEDED SE.N. AS .0. I"IRITATE 11 R SIT 1� '111 *)ASEBAN ON 7� ="T` T, . B(7 IEEI NIRIAID.101.UAN 7.`NTA`BN 30+00 7� 21" TNC "TATDN NT "' MY 1 -0-0 H— STATE BTAI�� DOISO LBFT (—) T. BIT. 171.D.I -T DEMING I.'. 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PELH AN*6,1-2c NI 4/5/2016 On� A. -A-AIDscAL (eooKA-E.EPAO, 31 a1 y��Pol E:A1'-zo AJ"�F LII DE/CORNERSTONE (RECEPTION No. 522230) kh � y 5� � S°Sa �� �so�s �w� `�S o• 553'31'21"W - 65.24' C�9L t 9Q 9L �0 T �`ET ty9 LF` ' sT9 unOEVOm CROSS EL CTR�c SSOC�— '9s e ' �\ HOLY CROSS sll SEA�'r 9Q; sS.--1.11 Es0, AGLE wALLEr uVVEwNC C—O „NE 2C,S) w zs.SB 2 `r`9• "Sam PARCEL -3 snot,ww ,a 82 �y v\�\\ o° SO—_ CASCASDE CLUB CONDOMINIUMS •-I\��s�k•yF'/ rw 0'1 (BOOK 464 AT PAGE 887) 1.735 ACRES <SO. NgF'/ LIFTSIDE CORNERSTONE ADDRESS: 1295 WESTHAVEN DRIVE ,09 I A -e o / 5 / \ `L (RECEPTION No. 522230) >C> u R�Oxr of w \ y a� (Boo` TKIC `."p "m`"rO,) E.sEnEN, ('COn am A, v.« ,sei ' x �sa1 ns zO E - —0 0 / (xATCxm AREA) � s / 53'22'26"W - 172.73' \ \ 3936'12"W - 211.16' CA LIFTSIDE/CORNERSTONE Ss ze Ss -E -n.00 °y e 0.698 ACRES \ (RECEPTION No. 522230) % Z ADDRESS: 1276 WESTHAVEN DRIVE 76 06 e° °A zo2--1... 3 105 �p`IF-�oF p �A 0.. El vnr.�E"usi los c,Y nrvov"[amu'[*' x•19 l5° a x N'i mss. (. any Ar PA« ,.a) p TA °y. CEL ON m, 4, PARCEL -1 TERRACE SITE :. V7 PmmTmAN ANO —,E_R 'LSoo 1.532 ACRESEA / 90 (BOOV'(mIAT II a of (BOOK 685 AT PAGE 28) 80.40''39"W innrcnm AVER) y� i S5 � 6040, E ADDRESS: 1300 WESTHAVEN DRIVE PARCEL 2 -PLAZA SITE �� (BOOK 685 AT PAGE 28) .) Tb 0.999 ACRES oiy s, es / "� / EAnONAEE MEN/ 'ROS ADDRESS: 1300 WESTHAVEN DRIVE frmJ� � ��6197 �(wox�3ve�nr Evn¢eza)�,/( ws`� IIFIII,IAIT/ (xarcxm AVER) ��HYhn w - z.w rvses848 N08 -31-21"E xssze s -E -'0. 45.00' �6 J xoeza.eE - zs.Oa I _31 a � u N36'28'39"Woe 55.00' �� L � r2•EJ 'y5 01 N53'31'21'E S36'28'39"E 48.70' 45.34' 9 'AAIRE E sE; uce 11)Li (s. OET:iEe)ON —T z) N53'31'21"E - 49.16' PARCEL 4 - HOTEL (BOOK 685 AT PAGE 28) 0.29 ACRES ADDRESS: 1300 WESTHAVEN DRIVE CS N36'28'39"W v 46.00 maaz>aw ,e, ry� V sSa7� //ya yryEp A S— CIE -a1.,a / o o =o' 27598 :a\ g��pNI��O 4/5/2016 FSB \ \ o (wFSATIRF 600K47o Ace 316)EM SCALE AT SCALE (eoOK 11— T ra S ez CURVE TABLE 48.70' PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, C� AND CASCADE CLUB CONDOMINIUMS TOWN OF VAIL, EAGLE COUNTY, COLORADO PEAK LAND CONSULTANTS. INC. :JF CHECKED BY: BB"4- - - NH11/16/15 PLC JOBS: 2930 SHEET 2 0( 14 , ,o O.Wy bPJ�N O�ipc�v`°�eq1 �\ �y��ry s3ne3zw-s4.e pry 41 ' (eoon` :�i µo`s'""�Ea Elcy. T' M,— Aon`s I.) 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CURVE TABLE E (eoa s e NTT E :a,) �s3ses ae E - u.00 / J ; N� eEArzin (.AT A A) — a3oo ” ° s'arw i na O,w-,ra, / AE—AnO w I-- CASCADES ON GORE CREEK /� ' �(n1°cmnDrxo�moewiwiT (RECEPTION No. 492559) (SEE DETaL Bn SHEET 4) o' � ae�WE eae— E - 21W 53218'38"E / 141.47' .5� 1119 , z.. sz,ow ,p962 ao' 2)598':\ Q♦ 4/5/2016 PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, C� AND CASCADE CLUB CONDOMINIUMS TOWN OF VAIL, EAGLE COUNTY, COLORADO PEAK LAND CON -ANTS. INC. :JF CHECKED SHEET 3 01 14 NN 11/16/15 GLC JOB,2030 0.698 ACRES / / \ 39'36'12"W - 211.16' a'� (RECEPTION No. 522230) a� Ls. rv,. zs y/ e/ 53'22'26"W - 172.73' (\,y ADDRESS: 1276 WESTHAVEN DRIVE ry eory��60 rob' sseGO LIFTSIDE/CORNERSTONE GN 0.698 ACRES ry1�', .3 (RECEPTION No. 522230) N0 ,L ADDRESS: 1276 WESTHAVEN DRIVE ryy6 X066 Ss. � �n 1 Q�, �` �O�•y xse°oe`s;E-se. PARCEL -1 TERRACE SITE ` �-"' 1.532 ACRES (°ooxEsos�I. anci sal 1p ,s nrEioEKIiA"iagu`i i' veI— aa�°rliiu S (Boo- wa AlAT PACE eCA) y (BOOK 685 AT PAGE 28) (eook ws ..* varz n.1 (xATaeo oaeal J ADDRESS: 1300 WESTHAVEN DRIVE (snnoeo aaca) q 6� / EL 2 -PLAZA SITE � PARCEL -1 TERRACE SITE 685 AT PAGE 28) d v ryy9° 1.532 ACRES / 0.999 ACRES III " .osa sr ! (look gs aeEueeo) y (BOOK 685 AT PAGE 28) 1300 WESTHAVEN DRIVE "W (xA;cxeo AxEA1 Ja, ADDRESS: 1300 WESTHAVEN DRIVE PARCEL 2 — PLAZA SITE tap / .o'' / (Aia ---AL --T (BOOK 685 AT PAGE 28) N+ 0.999 ACRES SAe"AT4E B391 �Y ` V.'` DDRESS: 1300 WESTHAVEN DRIVE o \ uzo as s, -c - 1112 �•o QO• / xo°5iazel ,o.00 ,y N36'28'39"W N ��ealinm°AA,z, Ex°1 /I'��VVVU:::•e°! V.� xSo,T,o�-szs / E u� B v 46.00' zz.ax ` "3 f(1 �.I '31'21"E "w' 60 ry`6 s.xsl ry0 00-11 ' •Sf �a} c ry�0 Lxossa 1a°o E �,y N36'28'39"W / w3 _ *wee .o ]5 x, xow 46.00' , '4. $ ,s. 45,0008'3'1'"2"1'E"�w} �e�£ s e.sD � N0 52 z E �y'h8000 /^, ..... 45.003 A`•' �k z9� —LE - ,, se y o$ ,a E aj'$ p1� / yN 1111 L / .. „� h zi'ai d 9 / an zoe-1os.z a'39"E N53'31'21"E / 4�Qspo.Rrcf'�,.L 48.70' ,o •Ej1T sf `9 45.34' 11 aY' G"in•,a: L / `Ecow . 'wox ;A• s]sse :=i IewoAo"'kp:] A^�wp T� N53'31'21"E / isezP0oE0eT 1L�a1ox —IT 'A z1 Jd, o a "-��`z�ed 836'28'39 5r"E 48.70' /5 fie• IdylnH00 45.34' o PARCEL 4 —HOTEL �eoo-°:]o AlA.E n,°I y a (BOOK 685 AT PAGE 28) /4t 1 0 (s,ADeD .aea1 (see DIPAL s aN sneer 2) a?s. 0 0.29 ACRES c'p• ADDRESS: 1300 WESTHAVEN DRIVE + / p I Q NNE TABLE LINE TABI£ PARCEL 4- HOTEL 8 a �`Qj` w cs• N (BOOK 685 AT PAGE 28) M°o 0.29 ACRES ADDRESS: 1300 WESTHAVEN DRIVE 02 N gy a "`—AY - (look no AT PADeTa,s1 / / 5,41 (snaoeo AAeA1 0 "E y:" D� a O O ieeT 21 GORE CREEK TRACT 121 za.sa ww ri; ry�� � - 4se 4 �6. tw-w.ss GORE CREEK TRACT 1 E-s.ar / y. 2CUE. TABLE sas �xiTw,ei - ,5 J --E - e.oO P >9 a ^Y T690 'rs]4°E-6400 'W ss5.o e - zz oo N I.nj � aN b. A� a� c N S321 8'38"E 141.47' .ya ws,' �.10� / 119 A n ranrSKnK]a] ]1a1,°1 55]5 55] E - u 85509 E - zz.Do / N 1-7 1� r o IU' h ,s' xewunorvu eAseuery HAwrzxAnce ADAeeH 33278'38"E 141.47' .ye, 119 PARTIAL TOPOGRAPHIC MAP OF _ g5N WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, aye AND CASCADE CLUB CONDOMINIUMS TOWN OF VAIL, ('1. 3(B rGnnN fNE AND EAGLE COUNTY, COLORADO PEAK LAND CONSULTANTS. INC. 109' SCALE. 1"=30' DRAWN: JF CHECKED BY: BB SHEET DATE: 11/16/15 GLC JOB,:2y- 4/5/2016 isimm M= M mmnl mmm� eEoTV � � HM — / ��pp0 RfC/f0 =n� 2/598 S'.rriNA•��iA���� LI FTSI DE/CORN ERSTON E (RECEPTION No. 522230) ja . • •'�..• ° •.a°y ®® \`\• \`�\ \CJI \\. \1.r • '� ® \ \ / �y \ S53°31'21"W — 65.24' / \ \ , sus \ \ l*® :4 \ \\ ax -4D PAA��� C7 \\ {� \ �4 ,6°xH°aa . Ems° a° nu a°x ; 111 �\ (� -ex4—mow::GnxmI f a v <\ �.m a\yr\w� gm,:: ,•• . •• / n�-�zs.e3� D. I .�/ ., 2 PARCEL -3 CASCASDE CLUB CONDOMINIUMS ° (BOOK 464 AT PAGE 887) \�%1.735 ACRES ADDRESS: 1295 WESTHAVEN DRIVE\ o I (rnicul mann. \\ ) e •. °z1\UU�ez'b i "�\ � \ \• I / / // m s e y PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, C� <^s—cns AND CASCADE CLUB CONDOMINIUMS TOWN OF VAIL, EAGLE COUNTY, COLORADO PEArc UrvD COx6ULiAHiS. wC. - / SHEET 5 0( 14 Amo �o I �• OATE: 11/16/15 GLC J06�:2030 4/5/2016 LINE TABLE LINE TABLE / ^ • , : ' ° • • • • \\ .4 Nc, �zc�, 4 uRVE TABLE \ �'F` J\ \ tm 4 4• 1�" �' \ 2,5 Al i ® \1111 \ •.arc°E6';`a,IRI.na�K`.`-`F"-"wAl EA—AnoN � mm \\\ SRAII Ya, 121AI.- Il VAAll / 4 - PARCEL -3 ^ CASCASDE CLUB CONDOMINIUMS \ � (BOOK 464 AT PAGE 887) a. ° • \I/ �� £ ao \* ion 1.735 ACRES ADDRESS: 1295 WESTHAVEN DRIVE �\�ro oLa ELLl— L_L�N. �1 a^ Al ------- ---- Vi �V-.! � , Q" � ,m ' qr' y/ ESPARTIAL TOPOGRAPHIC MAP OF O �A 27598 W THAVEN DRIVE, LIFTS DE, CORNERSTONE, i AND CASCADE CLUB CONDOMINIUMS moo; so'••••' S,� / ' '��� ---------- TOWN OF VAIL, SCPL Gh/ ice/ �/ i� \\l EAGLE COUNTY, COLORADO PEAK LAND CCiJSULTANTS, INC �� I` �UV� DRAWN: JF CHECKED BT: BB ,om ,o 11/16/15 PLC JOB110.10 SHEET 6 of 14 4/5/2016 .a 4 <. • • �� ��� �� �I ND H Gx a • .11I A 11xc on: zms) j aora \4 A I R ®a \y All � o f m_---__ _ w ------- \�\/ LIFTSIDE/CORNERSTONE 0.PTON ACRES (RECEPTION No. 522230) ADDRESS:: 22776 WWE\STHAVEN DRIVE (Boon i w AgcncE ll) ,(�"'' \ �� (Twi_)".T gas ti 1 , 1 II, S�A� • - I I 1 I 1 I I I I 2 1— To PAx \/ �GE�,nIAx EAIN,�NT i"ooK ,G, AT P>« aro1 'Ic ¢Y / IZ / ays >'�syS.�F uy culnl[wt / J' S`°� awax J / \ / • � LIFTSIDE/CORNERSTONE (RECEPTION No. 522230) NNE TABLE LINE TABI£ `/J,> egg, /•' 2� J9 \ \tee §' • • ( —K— EnSEUELT ^� (Boat Al Ar PAGENl— lo)) \ \ \ \ 39'36' - ' 12W — 211.16 oIBT 10. ^� � �s Nx�rsrw I.w' ul s4znG'u�w n.w' \ mme N x3G l•u•w ,2.»Gs•w ,G.A> \ CURVE TABLE —INE a .1-1-11 ., a \ ,r.o• 1-E \ \ 1-1 \ \ \ RECifT Lm 9 PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, C� ------------------ 2J598 AND CASCADE CLUB CONDOMINIUMS T ��L AN���,• EAGLE COUNTY, COLORADO � o f m_---__ _ w ------- \�\/ LIFTSIDE/CORNERSTONE 0.PTON ACRES (RECEPTION No. 522230) ADDRESS:: 22776 WWE\STHAVEN DRIVE (Boon i w AgcncE ll) ,(�"'' \ �� (Twi_)".T gas ti 1 , 1 II, S�A� • - I I 1 I 1 I I I I 2 1— To PAx \/ �GE�,nIAx EAIN,�NT i"ooK ,G, AT P>« aro1 'Ic ¢Y / IZ / ays >'�syS.�F uy culnl[wt / J' S`°� awax J / \ / • � LIFTSIDE/CORNERSTONE (RECEPTION No. 522230) NNE TABLE LINE TABI£ `/J,> egg, /•' 2� J9 \ \tee §' • • ( —K— EnSEUELT ^� (Boat Al Ar PAGENl— lo)) \ \ \ \ 39'36' - ' 12W — 211.16 oIBT 10. ^� � �s Nx�rsrw I.w' ul s4znG'u�w n.w' \ mme N x3G l•u•w ,2.»Gs•w ,G.A> \ CURVE TABLE —INE a .1-1-11 ., a \ ,r.o• 1-E \ \ 1-1 \ \ \ RECifT PPpp `�'o /:�• PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, C� 2J598 AND CASCADE CLUB CONDOMINIUMS T ��L AN���,• EAGLE COUNTY, COLORADO PEAK CON—ANTS. DRAWN: JF CHECKED BY: BB LAND INC. - - SHEET J of 14 DATE: 11/16/15 GLC JOB': 2030 4/5/2016 -------- oft __ —oft ou,uNE o. aol�INo � �� o, �s Wall( o�nNLo<a��Lo�K�� PARCEL 2 — PLAZA SITE +s (BOOK 685 AT PAGE 28) �S 0.999 ACRES ADDRESS: 1300 WESTHAVEN DRIVE apug"� asoi AjB , \1A.wAL \ o NE a / / I> IK Mm�e OONA oLOK�Nr PLArroAH ,W! \N R \\\ C LIFTSIDECOR E STONE 9 U \ ACRES (RECEPTPTON ION No. 522230) ADDRESS: 1276 WESTHAVEN DRIVE° i,.PlaAL) Nor ' \ 6 \\ 66 SCALE: 1" = 10' �W \ \ \ oE�k„Exr PLA,Fowu \�/� -- /PP�RBII�; a.; �o ao: 27598 :a 4/5/2016 PARCELTERRACE SITE / 1.532 ACRES (BOOK 68S 5 AT PAGE 28) ADDRESS: 1300 WESTHAVEN DRIVE LINE TABLE LINE TABL£ Ll PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, C� AND CASCADE CLUB CONDOMINIUMS TOWN OF VAIL, EAGLE COUNTY, COLORADO PEAK LAND CON -ANTS. INC. NN:JF CHECKED BY: BE - - 11/16/13 GLC JOB�:2030 SHEET 8 0( 14 Amo �o PARCEL 2 — PLAZA SITE +.e (BOOK 685 AT PAGE 28) 0.999 ACRES ADDRESS: 1300 WESTHAVEN DRIVE (11M55aµcss° Eaa a o) •ieosz (xAT AT I aREa) 0 TV T jm ?iev / / / s / FpD \\ 1 > uy` •uisl .. rl.T PIATT°flM 0 PA we PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, C� \\\ \ © ® \ AND CASCADE CLUB CONDOMINIUMS TOWN OF VAIL, EAGLE COUNTY, COLORADO PEArc UrvD COHSULiAHis. INC m \ \ O_1:1: G CHECKED BY: BE - - Founr \ DATE: 11/16/15 GLC JOB#:2030 SHEET 9 0( 14 Amo �o 4/5/2016 SCALE: 1' 10' %;o 91 PARCEL 2 — PLAZA SITE +.e (BOOK 685 AT PAGE 28) 0.999 ACRES ADDRESS: 1300 WESTHAVEN DRIVE (11M55aµcss° Eaa a o) •ieosz (xAT AT I aREa) 0 TV T jm ?iev / / / s / FpD \\ 1 > uy` •uisl .. rl.T PIATT°flM 0 PA we PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, C� \\\ \ © ® \ AND CASCADE CLUB CONDOMINIUMS TOWN OF VAIL, EAGLE COUNTY, COLORADO PEArc UrvD COHSULiAHis. INC m \ \ O_1:1: G CHECKED BY: BE - - Founr \ DATE: 11/16/15 GLC JOB#:2030 SHEET 9 0( 14 Amo �o 4/5/2016 10 4/5/2016 t„ �m—A) a,uxEo<a���x o d TIAL TOPOGRAPHIC MAP OF DRIVE, LIFTSIDE, CORNERSTONE, C� ASCADE CLUB CONDOMINIUMS TOWN OF VAIL, GLE COUNTY, COLORADO PEAK 1141 IINILiANTS. wC. CHECKED BY: SHEET 10 of 14 Amo �o GLC JOB,: 2030 (sxnoco A_, (srF ocTac o ox sxEeT z) � \ i ^ ) �f I I Al I / / wA PARCEL 4 - HOTEL (BOOK 685 AT PAGE 28) \` 0.29 ACRES ADDRESS: 1300 WESTHAVEN DRIVE PAR a.i ayo: 27598 .: o WESTHAVEN AND C ipN���,• EA lanwrv: JF GATE: 11/16/15 4/5/2016 t„ �m—A) a,uxEo<a���x o d TIAL TOPOGRAPHIC MAP OF DRIVE, LIFTSIDE, CORNERSTONE, C� ASCADE CLUB CONDOMINIUMS TOWN OF VAIL, GLE COUNTY, COLORADO PEAK 1141 IINILiANTS. wC. CHECKED BY: SHEET 10 of 14 Amo �o GLC JOB,: 2030 (mlaUca aorvoreE¢a�no � / / �� / OEUT,x of aEex r41 � SCALE: 0' \/s /\ / QN' aT PA¢N�ITJ � LU�NN WWW \ 4 / / 1 4f wiu Ei£vAnOx = BOJ�.s : / / @�'/ / V, oUx�e [ oOUFlNIOES UNE TABLE LINE TABI£ ry � GlH EEK 9) °avEu / 5327of8'38"E — 141.47' (.ID xH x`" ". zooC2EAcsJo`eu�"En`:T � a rv«o) / � seax;orw / <mau / / CURVE TABLE A ois'otl'wG 111.72 71.1 11.21' 11572— #ooPP T B% PARTIAL TOPOGRAPHIC MAP OF :mow WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, E� 47698 'g! AND CASCADE CLUB CONDOMINIUMS ,Asg ��L pN���,• T EAGLE COUNTY, COLORADO PEArc IaxD CorvwLinrvis. wC. CKED DRAWN: JF CHEBY: BB - - SHEET 11 of 14 Amo �o DATE: 11/16/15 GLC JOB#: 2030 4/5/2016 c=KK o A � .13,a, «�oETa�TaI�N,"EET,I .ALK �.aooE_ n.s.z.o � 1t / wn WINE cf MI.. a PARCEL 4 — HOTEL O, / (BOOK 685 AT PAGE 28) 0.29 ACRES / ADDRESS: 1300 WESTHAVEN DRIVE O/ �h ,1 BHN m (TrPIOAu NI"E,E o.ra m / 3628'39"W — 220.02' I 4 LINE TABLE LINE TABL£ UNITI 1 / / Po�PPpO T B%'•.�-n„� o PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, / 1 I � AND CASCADE CLUB CONDOMINIUMS T ��L AN���,• / LLJ� PEAK LAND CON -ANTS. b / / / DRAWN: JF CHECKED BY: BB- SHEET 12 of 14 - ,wo ,o 9yy 1 DATE: 11/16/15 PLC JOB#:2030 I I d sh LINE TABLE LINE TABL£ UNITI 1 REC%frS / / Po�PPpO T B%'•.�-n„� o PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, / 1 I � AND CASCADE CLUB CONDOMINIUMS T ��L AN���,• EAGLE COUNTY, COLORADO LLJ� PEAK LAND CON -ANTS. b / / / DRAWN: JF CHECKED BY: BB- SHEET 12 of 14 - ,wo ,o 9yy 1 DATE: 11/16/15 PLC JOB#:2030 d sh I REC%frS Po�PPpO T B%'•.�-n„� PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, C� / AND CASCADE CLUB CONDOMINIUMS T ��L AN���,• EAGLE COUNTY, COLORADO LLJ� PEAK LAND CON -ANTS. INC. / / DRAWN: JF CHECKED BY: BB- SHEET 12 of 14 - ,wo ,o DATE: 11/16/15 PLC JOB#:2030 4/5/2016 .ALK �.aooE_ o / ED v / /% % n.s.z.o � 1t / wn WINE cf MI.. a PARCEL 4 — HOTEL O, / (BOOK 685 AT PAGE 28) 0.29 ACRES / ADDRESS: 1300 WESTHAVEN DRIVE O/ �h w/ i� o (TrPIOAu E"NI"E,E o.ra m / / 3628'39"W — 220.02' I 4 UNE TABLE LINE TABI£ I 1 / / T B%'•.�-n„� / PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, / 1 I � AND CASCADE CLUB CONDOMINIUMS T / / EAGLE COUNTY, COILO-DU LLJ� PEAK LAND CON—ANTS. b / UNE TABLE LINE TABI£ I 1 ..01, REC%frS / / T B%'•.�-n„� o PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, / 1 I � AND CASCADE CLUB CONDOMINIUMS T ��L AN���,• EAGLE COUNTY, COILO-DU LLJ� PEAK LAND CON—ANTS. b / / / DRAWN: JF CHECKED BY: BE SHEET 13 of 14 - - 9yy 1 DATE: 11/16/15 PLC JOB#:2030 d sh I ..01, REC%frS T B%'•.�-n„� PARTIAL TOPOGRAPHIC MAP OF WESTHAVEN DRIVE, LIFTSIDE, CORNERSTONE, C� / AND CASCADE CLUB CONDOMINIUMS T ��L AN���,• EAGLE COUNTY, COILO-DU LLJ� PEAK LAND CON—ANTS. INC. / / DRAWN: JF CHECKED BY: BE SHEET 13 of 14 - - DATE: 11/16/15 PLC JOB#:2030 4/5/2016 6 oAVm� \ w PARCEL -1 TERRACE SITE 1.532 ACRES / (BOOK 685 AT PAGE 28) ADDRESS: 1300 WESTHAVEN DRIVELNUUM. oz«/rzxT vusonx \ \\\\I// ens Al PArcTnA1 `9• PA ,s 1—CA—Al ugxexT Vi �\ �l,P� w.0 l / ii a, (xccmnory NINE TABLE LINE TABI£ 00•Ll max cm,Ex or cxem CURVE TABLE aznrtin 1111 ll -TA TA.CCNT..P. ai5'OD"wG ounxz orsxaoln / N� - �i NPLA -10 4f 21mn w00' 9y Az>sao- — w x PARTIAL TOPOGRAPHIC MAP OF _ WESTHAVEN DRIVE, LDE, CORNERSTONE, Po� � yte.• N AND CASCADE CLUBUB CONDOMINIUMS } am= TOWN OF VAIL, 27596 EAGLE COUNTY, COLORADO PEAK LAND CONTANiS. INC `•�' �— / / // / / / / p�0 Sp� DRAWN: JF CHECKED / SHEET 14 \ vowa� U DATE: 11/16/15 PLC JOB#:2030B 4/5/2016 Tnwx OF vn' ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Ordinance No. 1, Series of 2016, Second Reading, An Ordinance Amending the Definition of Short -Term Rental in the Vail Town Code PRESENTER(S): Brian Garner, Planner ACTION REQUESTED OF COUNCIL: The Planning and Environmental Commission recommends that the Town Council approve Ordinance No. 1, Series of 2016. BACKGROUND: The Town's codifier identified the discrepancy in the current definitions and brought this to the attention of the Town Attorney. An amendment of the regulations of Title 12 may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, by petition of any resident or property owner in the town, or by the administrator, in accordance with the Vail Town Code. On February 22, 2015 the Planning and Environmental Commission held a public hearing on this item and voted 5-0 to make a recommendation to the Vail Town Council for approval of the attached ordinance. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 1, Series of 2016. ATTACHMENTS: Council Memo Ordinance 1, Series of 2016, Second Reading 4/5/2016 0 rowN of vain Memorandum To: Vail Town Council From Community Development Department Date: March 15, 2016 Subject: Ordinance No. 1, Series of 2016, an Ordinance to amend Section 12-2-2 of the Vail Town Code concerning the definition of Short Term Rental in order to define a short-term rental as a rental for a period of time not exceeding 30 days. I. SUMMARY A request for a zoning text amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-2-2 of the Vail Town Code concerning the definition of Short Term Rental in order to define a short-term rental as a rental for a period of time not exceeding 30 days. This text amendment will ensure that Section 12-2-2 is consistent with Section 4-1-2 of the Vail Town Code (PEC160005). This ordinance would amend the text of Section 12-2-2, Definitions of Words and Terms, of the Vail Town Code to be consistent with the duration specified within the definition of Short Term Rental in Section 4-1-2, General Licensing Provisions, of the Town Code. The definition of Short Term Rental is listed twice in the Vail Town Code. The first definition is found in Section 4-1-2 Business and License Regulations. The second definition is found in Section 12-2-2 of the Zoning Regulations. Harmonizing the durations of Short Term Rental within the definitions will be helpful to clarify the regulation of short term rentals in the Town of Vail. II. BACKGROUND The Town's codifier identified the discrepancy in the current definitions and brought this to the attention of the Town Attorney. An amendment of the regulations of Title 12 may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, by petition of any resident or property owner in the town, or by the administrator, in accordance with the Vail Town Code. On February 22, 2015 the Planning and Environmental Commission held a public hearing on this item and voted 5-0 to make a recommendation to the Vail Town Council for approval of the attached ordinance. 4/5/2016 III. RECOMMNEDATION The Planning and Environmental Commission recommends that the Town Council approve Ordinance No. 1, Series of 2016 upon first reading. Town of Vail Page 2 4/5/2016 ORDINANCE NO. 1 SERIES 2016 AN ORDINANCE AMENDING THE DEFINITION OF SHORT-TERM RENTAL IN THE VAIL TOWN CODE WHEREAS, Section 12-2-2 of the Vail Town Code defines a short-term rental as a rental for a period of time not exceeding 31 days; WHEREAS, Section 4-1-2 of the Vail Town Code defines short-term rental as a rental for a period of time not exceeding 30 days; and WHEREAS, the Town Council desires to amend Section 12-2-2 to ensure consistency in the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as follows: SHORT TERM RENTAL: Shall be deemed to be a rental for a period not exceeding thirty-) (30) days. Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. Retroactivity. 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 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of March, 2016 and a public hearing for second reading of this Ordinance is set for the 5th day of April, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 1, Series of 2016 4/5/2016 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING, AND ORDERED PUBLISHED IN FULL this 5" day of April, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 1, Series of 2016 4/5/2016 TOWN OF YAIl1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 5, 2016 ITEM/TOPIC: Adjournment (9:25 p.m.) 4/5/2016