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HomeMy WebLinkAbout2017-06-20 Agenda and Supporting Documentation Town Council Regular MeetingVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, June 20, 2017 TOM Of UAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Consent Agenda 2.1. May 2, 2017 Town Council Meeting Minutes 2.2. Resolution No. 20, Series of 2017, Resolution approving an amended and updated Noxious Weed Management Plan; and setting forth detail in regard thereto 2.3. Resolution No. 21, Series of 2017, Intergovernmental Agreement Between the Town of Vail and the United States Forest Service for Timber Sale Associated with Intermountain Fuels Reduction Project 2.4. Intermountain Fuels Reduction Project - Helicopter Logging Contract Award 3. Presentation/Discussion 3.1. Stephens Park Off -leash Area Discussion Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: Provide staff with direction in regards to the dog waste issue based on the provided recommendations and input received from the public. Background: Stephens Park is a neighborhood park that provides a designated off -leash area. Since the off -leash designation in 2004, there have been two consistent issues: 1) the loss of the turf area for neighborhood use and 2) excessive dog waste being left in the park. Staff Recommendation: Staff recommends reviewing the ideas presented in the Memorandum in conjunction with input from the community and providing direction to staff towards improving education, signage and 30 min. June 20, 2017 - Page 1 of 503 enforceable measures. Staff also recommends altering the existing designated off -leash area to include the Gore Creek access point at a later date. 4. Town Manager Report 4.1. Chamonix Vail Neighborhood Project Update (verbal report) Presenter(s): George Ruther, Director of Community Development 5. Action Items 10 min. 5.1. Ordinance No. 4, Series of 2017, First Reading, An ordinance for a 30 min. prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, amend or deny on Ordinance No. 4 Series 2017 on first reading. Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an updated transportation impact fee. The impact fee is proposed to codify the current traffic mitigation fee to help fund future transportation related projects identified in the Vail Transportation Master Plan. The proposed fee will be applied in all zone districts, and will require developers to pay their proportional share for the necessary transportation infrastructure improvements that are directly related to the impacts created by the new development. Staff Recommendation: Approve Ordinance No. 4 Series 2017 on first reading. 5.2. Ordinance No. 8, Series 2017, First Reading, Ordinance making budget 30 min. adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No, 8, Series 2017 Background: Please see attached memo Staff Recommendation: Approve or approve with amendments Ordinance No, 2, Series 2017 6. Public Hearings 6.1. Ordinance No. 5, Series of 2017, Second Reading, An Ordinance of the 10 min. Vail Town Council approving an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, approve with modifications, deny Ordinance No. 5, Series of 2017. Background: The Hill Building is impacted by three adopted view corridors. One of the view corridors is not affected by the proposed application to renovate the building. A second corridor is affected, however, the building currently encroaches into the view corridor and the applicant is proposing June 20, 2017 - Page 2 of 503 to significantly reduce the encroachment and substantial improve the view through the corridor. The third view corridor will be affected by a minimal increase in the height of the building and a chimney. In order to allow for this increase in height to occur, a view corridor encroachment must be approved by the Vail Town Council. Staff Recommendation: The Town of Vail Planning & Environmental Commission has reviewed the proposed view corridor encroachment request. Upon review of the request, the Commission has forwarded its recommendation of approval to the Vail Town Council of the request, as proposed. In making their recommendation, the Commission found that the proposed encroachment complied with the criteria for review as outlined in the Vail Town Code. Therefore, the Commission recommends the Vail Town Council approve Ordinance No. 5, Series of 2017 as read. 6.2. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing 60 min. Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The purpose of this first meeting before the Town Council is to provide an introduction to the project and its varied components. Staff and the applicant will make an introductory presentation on the application during the evening public hearing, following a site visit scheduled during the afternoon session. As such, the Community Development Department and the applicant recommend the Vail Town Council continue first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42 (Vail Mountain View Residences) to the July 11, 2017 Town Council meeting. Background: The applicant, Lunar Vail LLC, represented by Marl Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval, with conditions, to the Vail Town Council. 7. Adjournment 7.1. Adjournment 9:15 pm Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website June 20, 2017 - Page 3 of 503 www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. June 20, 2017 - Page 4 of 503 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: May 2, 2017 Town Council Meeting Minutes ATTACHMENTS: Description Minutes from May 2, 2017 meeting TOWN Of9 June 20, 2017 - Page 5 of 503 Vail Town Council Meeting Minutes Tuesday, May 2, 2017 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 Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Steven Connelly, Vail resident, complimented the Town on the expanded summer bus service and he looked forward to contributing to the discussion concerning rent by owner in the future. Chris Wolds, Vail resident, requested better signage on South Frontage Road near the Tyrolean building. Currently the sign says "no stop required" and Wolds thought the drivers would stop unnecessary honking. Jenifer Teisinger, executive director of Bravo! Vail provided a preview of the upcoming concert schedule. Reminding Council concerts start June 22, 2017. 2. Proclamation 2.1 Proclamation No. 5, Series of 2017, Economic Development Week May 8-13, 2017 and Recognizing 2017 as the 91st Anniversary of the International Economic Development Council Presenter(s): Dave Chapin, Mayor Moffet moved to approve Proclamation No. 5, Series of 2017; Bruno seconded the motion and it passed (7-0). 3. Consent Agenda 3.1 2017 Vail Overlay Contract Award Background: Staff received 2 bids for the 2017 Vail Overlay Project. The project is budgeted with the Capital Street Maintenance budget and is within the engineer's estimate. Roads included in this year's asphalt overlay project include Bighorn Road. The project is scheduled during the month of September 2017. Town Council Meeting Minutes of May 2, 2017 Page 1 June 20, 2017 - Page 6 of 503 Moffet moved to approve the 2017 Vail Overlay Contract Award; Foley seconded the motion and it passed (7-0). 4. Town Manager Report Patty McKenny, Acting Town Manager, informed council there would be a public groundbreaking for Chamonix Vail housing on May 16, 2017 from 11:30 — 12:30. 5. Presentations / Discussion 5.1 Red Sandstone School Parking Structure Project Update Presenter(s): Greg Hall, Director of Public Works and Transportation Action Requested of Council: The Town Council is being asked to provide direction to the staff and school district regarding pursuit of a new parking structure on the Red Sandstone Elementary School site in conjunction with the School District's remodel of the school. The staff has posed questions for council direction at this time. • Decide if the town should pursue a 3 level or 4 level structure • Provide direction on the additional design components of the project • Direct the Town Manager to enter into a Pre -development Agreement with Eagle County School District in a form approved by the Town Attorney • Authorize the Town Manager to negotiate a design contract with the Eagle County Design Team in an amount not to exceed $ 900,000 • Amend the first supplemental budget by $ 1,300,000 Background: The purpose of this meeting is to present a progress report on the Red Sandstone Elementary School Parking Structure project since the March 21 presentation, discuss the multi- level parking structure project and receive direction from the Town Council. Information to be presented includes: • Pre -Development Intergovernmental Agreement with Eagle County School District • 3 and 4 level Parking Structure options Cost and budgets for each structure option Initial cost sharing methodology • Project schedule • Series of next steps for advancing the project forward Staff Recommendation: Staff recommends the Town Council should pursue the four level structure with the additional program components included. As the project progresses the staff will return to the council with design updates prior to the August 1, 2017 deadline for additional direction. In addition, the Town Council should take action on the items below. The amount of design effort expended by the August 1, 2017 deadline would be approximately 50 % of the anticipated $900,000 design contract. • Direct the Town Manager to enter into a Pre -development Agreement with Eagle County School District in a form approved by the Town Attorney • Authorize the Town Manager to negotiate a design contract with the Eagle County design team in an amount not to exceed $ 900,000 • Amend the first supplemental budget by $ 1,300,000 Town Council Meeting Minutes of May 2, 2017 Page 2 June 20, 2017 - Page 7 of 503 Greg Hall presented design and pricing options for a 3 and 4 level parking structure at Red Sandstone Elementary School (RSES). Public Art is included and there will also be off site improvements such as the pedestrian walkway that crosses over Interstate 70. The preliminary construction cost for a 3 level structure is approximately $7 million for 120 parking spaces. A 4 level structure would cost approximately $9 million and provide 160 spaces. Hall noted the 4th level structure does provide some discount per parking and space and he estimated a 50 year lifespan on the structure depending on maintenance. Hall stated once Eagle County School District and the Town comes to an agreement for the design, staff will bring back more information concerning cost sharing to council at the August 1 meeting. Council agreed there is value to this project, but did express concern on cost sharing commitment with the school district. 6. Action Items 6.1 Resolution No. 17, Series of 2017, A Resolution Approving a Pre -Development Agreement Between the Town of Vail and Eagle County School District; and Setting Forth Details in Regard Thereto Presenter(s): Greg Hall, Director of Public Works and Matt Mire, Town Attorney Action Requested of Council: Approve, amend or deny Resolution No. 17, Series of 2017 Background: The Town and the District have determined that it is in their respective best interests and in the best interests of the populations the parking structure containing approximately 160 spaces for parking, along with an access driveway and related improvements, including without limitation necessary improvements to the lower parking lot on the Property and the Frontage Road. Steven Connelly stated parking is a problem, but really housing is our biggest issue. Jeff Chamberlain, Eagle County School District representative, stated the District shares the same cost sharing concerns, but does recognize the need to go forward with the design to see what this project could really look like. Chamberlain said the District looks forward to partnering with the Town. Moffet made a motion to approve Resolution No. 17; Bruno seconded the motion; motion passed 6-0 (Cleveland opposed) 6.2 Resolution No. 16, Series of 2017, a resolution supporting local and federal climate action and including the Town of Vail as a signator on the Mayors National Climate Action Agenda (MNCAA) open letter to the President Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council approve, approve with modifications, or deny Resolution No. 16, Series of 2017. Background: The Mayors National Climate Action Agenda (MNCAA) has requested that the Town of Vail and other U.S. cities reaffirm their pledge to reduce emissions, increase resilience, Town Council Meeting Minutes of May 2, 2017 Page 3 June 20, 2017 - Page 8 of 503 transition to a low -carbon economy, track progress transparently, and to assist them in urging more cities to commit to immediate action. Resolution No. 16, Series of 2017 supports this agenda and adds Vail as a signator to the Open Letter to the President, available here: http://www.climate-mayors.orq/our-letter-to-the-president- march -2017/ Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 16, Series of 2017. Kristen Bertuglia reviewed the resolution with council. Steven Connelly suggested the ban on plastic bags be extended to include retail and restaurants. Connelly also wants to eliminate 20 minute idling. Moffet made a motion to approve Resolution No. 16, series of 2017; Langmaid seconded; motion passed 7-0. 6.3. Pedestrian Access Improvements in the Vicinity of 450 East Lionshead Circle (Treetops Building), Permission to Proceed Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The owner of the Treetops Building, located at 450 East Lionshead Circle, requests permission to proceed through the Design Review process for improvements to the building's pedestrian access that is located partially on Town of Vail property (E. Lionshead Circle ROW). Background: The Treetops Building was constructed above an existing parking garage in 1986. Access to the building, including the stairs and ADA ramp, are located partially on Town of Vail property. Because of the property line location in close proximity to the building, the applicant is requesting the use of Town of Vail property to improve the pedestrian access to the building. Staff Recommendation: The Community Development Department recommends that the Vail Town Council instructs town staff to: • Sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed improvements. Georg Ruther reviewed the Treetops Building application with council. Ruther explained the applicant is requesting the use of Town of Vail property to improve the pedestrian access to the building. The proposal is to expand the ADA ramp further south, resulting in an increase of ramp area within Town of Vail property by 50.15 square feet. Moffet moved to direct staff to sign the development application on behalf of the property owner and permit the project to proceed through the development process for the proposed improvement; Bruno seconded; motion passed 6-0 (Foley recused himself due to conflict of interest) 6.4 The purpose of this discussion is to make a final determination on the deed restriction requirements for Chamonix Vail. The two issues discussed in this memorandum do not practically affect the future purchasers of the homes at Chamonix Vail. Town Council Meeting Minutes of May 2, 2017 Page 4 June 20, 2017 - Page 9 of 503 Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Provide direction to town staff on whether the draft Chamonix Vail deed restriction should be further amended. Background: The two issues discussed in the memorandum do not practically affect the future purchasers of the homes at Chamonix Vail. Instead, they provide responses to questions asked by the Vail Town Council. George Ruther reviewed Chamonix Vail maximum resale price and foreclosure provisions with council. Maximum resale price is the actual maximum price an owner can sell the home for in the event of a resale. For Chamonix Vail homeowners the maximum resale price means purchase price paid by the last qualified buyer plus: an increase of 1.5% per annum of such purchase price (prorated at the rate of 1.12 for each whole month) from the date of owner's purchase of the property to the date of the owner's execution of the listing contract, such percentage increase to not be compounded annually; and the value of permitted capital improvements. Section 10 of the Chamonix Vail Deed Restriction outlines the procedures which must be followed in the event of a foreclosure. Staff reviewed similar deed restrictions to compare and contrast Vail's deed restriction requirements with those of other communities. The terms of the City of Aspen deed restrictions are almost identical to Vail's with two exceptions: • If a lender obtains the deed in lieu of foreclosure the lender may only sell the home to a qualified buyer, and, • If the municipality exercises its first option to purchase and acquires the home, the municipality may choose to rent the home versus sell the home, regardless of the ownership provisions of the deed restriction. Ruther recommended language is added to the deed restriction permitting the Town of Vail to rent a deed restricted home to a qualified tenant, at the Town's sole discretion, in the event the Town obtains the home utilizing its first option to purchase. Council agreed with the deed restriction recommendations as presented. 6.5 Ordinance No. 3, Series of 2017, First Reading, An Ordinance Amending the Vail Town Code to Adopt by Reference the 2010 Edition of the Model Traffic Code and Modifications Thereto and Amending Related Provisions of Title 7 of the Vail Town Code Presenter(s): Daric Harvey, Police Dept. Commander and Tom Kassmel, Engineer Action Requested of Council: Approve, amend or deny Ordinance No. 3, Series of 2017 Background: The Town Council adopted the 1977 edition of the Model Traffic Code for Colorado Municipalities in 1977. The Town has conducted a study to determine the safe speed limit for local streets within the Town's jurisdiction. The Colorado Department of Transportation, Safety and Engineering Branch updates and modifies the Model Traffic Code for Colorado from time to time. Pursuant to C.R.S. §§ 42-4-110 and 42-4-111, and its home rule authority, the Town is empowered to regulate traffic and vehicles operating on streets and highways within its jurisdiction. Daric Harvey, Police Commander reviewed the ordinance explaining the adoption of 2010 Edition of the Model Traffic Code and other modification to Title 7 of the Vail Town Code was for traffic and pedestrian safety. Town Council Meeting Minutes of May 2, 2017 Page 5 June 20, 2017 - Page 10 of 503 Council expressed concern about speeding in neighborhoods stating drivers currently ignoring the speed limit signs. Council agreed the code needed to be updated and asked if the code could be updated without changing the speed limit signs in neighborhoods. Tom Kassmel, Town engineer, agreed and stated traffic calming such as speed bumps are noticed by drivers more then speed limit signs. Matt Mire Town Attorney said yes code could be updated without changing speed limit signs. Council asked staff to provide more information during a work session. 6.6 South Frontage Road Improvements Design Contract Award Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Award South Frontage Road Design Improvements Contract. Background: In conjunction with the adoption of the Vail Valley Medical Center (VVMC) Site Specific Redevelopment Master Plan; the Town of Vail, the VVMC, and the Evergreen collaborated to develop a South Frontage Road Improvement Plan that would accommodate each existing and future access point to the above mentioned properties as well as accommodate projected traffic growth along the South Frontage road. The Town put out an RFP for Design services to complete the design and received two proposals. Staff Recommendation: Staff recommends authorizing the Town Manager to enter into a design contract with SGM to be funded by the traffic impact fee fund. Tom Kassmel presented the South Frontage Road Improvements Design. The design would incorporate existing and future access points to the Vail Valley Medical Center (VVMC), the Municipal Building and the Evergreen Lodge. VVMC plan to submit the Phase II development plan this month and confirming they intend to relocate utility lines along South Frontage Road ROW this year. Along with a possible submittal of a development plan for the Evergreen redevelopment; it is recommended the Town accelerate the design of the South Frontage Road improvements one year in order to coordinate with these impending and future developments. The necessary design fees can be supplemented into the 2017 budget from the existing traffic impact fee fund, currently having a fund balance of -$950,000; and/or if desired, the funding could also be reallocated from the Vail Renewal Authority (VRA) TIF dollars, which are currently budgeted for this project in 2018 & 2019, in the amount of $100k and $3.5 Million respectively. Council may elect to award a partial design contract, to receive only 30% design drawings. This would allow Council to award about 55% of the total contract amounts; FHU ($290,000), SGM ($210,000). Staff suggests Council awards the entire design contract, with a stipulation within the contract that requires a formal notice to proceed for the consultant to move beyond the 30% design milestone. Council would like to see more commitment from the partners. Cleveland made a motion to authorize the Town Manager to sign the design contract; Foley seconded; motion passed 6-0 (Moffet opposed). 6.7 Gore Valley Trail Connection Reconstruction Contract Award Presenter(s): Tom Kassmel, Town Engineer Town Council Meeting Minutes of May 2, 2017 Page 6 June 20, 2017 - Page 11 of 503 Action Requested of Council: Award Construction Contract for Gore Valley Trail Connection Reconstruction. Background: The Town has budgeted to reconstruct the Gore Valley Trail connection to the South Frontage Road near the Vail Underpass project. Town has received a bid from Kraemer NA to complete the work. Staff Recommendation: Staff recommends authorizing the Town Manager to enter into a contract with Kraemer NA. Tom Kassmel presented the Gore Valley Trail Underpass Connection Realignment with council. The Town has budgeted $150,000 this year to reconstruct the bike path that connects the Gore Valley Trail to the South Frontage Road adjacent to the new 1-70 Vail Underpass. Since the Underpass project lowered the Frontage Road, there is now the opportunity to significantly reduce the existing steep 22% bike path grades to 5%. This would require two new switchbacks and the relocation of the existing overhead powerlines. In order to cover the cost of realigning the bike path staff has also requested to roll over the Recreation Path Maintenance savings from 2016 of -$94,000, providing a total budget of -$244,000. The Town received a bid from Kraemer NA to reconstruct and realign the path in the amount of $213,491; $182,000 for the bike path realignment and an additional $32,000 for improved landscape There was no discussion. Moffet made a motion to authorize the Town Manager to enter into a contract with Kraemer NA; Bruno seconded; motion passed 7-0 7. Public Hearings 7.1. Second reading of Ordinance No. 2, Series 2017, an ordinance making budget adjustment to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and Heavy Equipment Fund. Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 2, Series 2017. Background: This is the second reading for the first supplemental budget appropriation of 2017. Staff Recommendation: Approve or approve with amendments Ordinance No. 2, Series 2017. Kathleen Halloran Finance Director reviewed the changes per council's request on first reading. The General Fund ended 2016 with a surplus of $3.7 million, a combination of increased revenue ($1.3 million) and $2.4 million operational savings. Halloran explained that all projects discussed tonight are budgeted for except the RSES and council could add that item in the motion. Council would like to hear more details about Ski Museum renovation and how $500,000 Town contributions would be used. Town Council Meeting Minutes of May 2, 2017 Page 7 June 20, 2017 - Page 12 of 503 Moffet moved to approve Ordinance No. 2, Series of 2017 on second reading with the addition of $1.3 million for RSES; Foley seconded; motion passed 7-0. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 8:25 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of May 2, 2017 Page 8 June 20, 2017 - Page 13 of 503 TOWN IfO VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Resolution No. 20, Series of 2017, Resolution approving an amended and updated Noxious Weed Management Plan; and setting forth detail in regard thereto ATTACHMENTS: Description Memo and Resolution No. 20, Weed Management Plan Updates June 20, 2017 - Page 14 of 503 TOWN OF VAIL Memorandum To: Vail Town Council From: Department of Public Works Date: June 20, 2017 Subject: Resolution 20, Series 2017 Town of Vail Weed Management Plan Update I. INTRODUCTION In 2004, the Vail Town Council adopted the Town of Vail Noxious Weed Ordinance and the associated Town of Vail Weed Management Plan (the "Plan") as required by Colorado Revised Statutes section 35-5.5, the Colorado Noxious Weed Act. The town ordinance establishes that the Vail Town Council shall be the local Noxious Weed Advisory Board and that the Plan should be "annually reviewed and updated." II. WEED MANAGEMENT PLAN The adopted Weed Management Plan generally outlines the goals of weed management efforts, recommends Integrated Pest Management techniques and lists specific invasive plant species for management. The Plan also provides management strategies for those species. The purpose of updating the Plan is to ensure it is consistent with current weed management efforts. It has not been updated since its adoption in 2004. The updates to the Plan include revisions to the town's Noxious Weed List, the addition of several Goals, minor text edits and the substitution of existing plant descriptions and management strategies with standard Colorado Department of Agriculture information. The result is simply a more current, streamlined and functional document. III. ACTION REQUESTED BY COUNCIL Staff requests that the Town Council adopt Resolution 20, Series 2017 to update the Town of Vail Weed Management Plan. IV. STAFF RECOMMENDATION Staff recommends that the Town Council adopt Resolution 20, Series 2017 which updates the Town of Vail Weed Management Plan. Attachments: • Resolution 20, Series 2017 • Proposed Weed Management Plan Update June 20, 2017 - Page 15 of 503 RESOLUTION NO. 20 Series of 2017 A RESOLUTION APPROVING AN AMENDED AND UPDATED NOXIOUS WEED MANAGEMENT PLAN; 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; and WHEREAS, the Town's noxious weed management plan (the "Plan") has been amended and updated as required by the Vail Town Code, and consistent with C.R.S. § 35-5.5-101 et seq., "The Colorado Noxious Weed Act"; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Plan is hereby approved in substantially the same form attached hererto as Exhibit A and in a form approved by the Town Attorney. 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 20th day of June, 2017. Dave Chapin, Mayor of the Town of Vail, Colorado ATTEST: Patty McKenny, Town Clerk Resolution No. 20, Series of 2017 June 20, 2017 - Page 16 of 503 TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 21, Series of 2017, Intergovernmental Agreement Between the Town of Vail and the United States Forest Service for Timber Sale Associated with Intermountain Fuels Reduction Project ATTACHMENTS: Description Staff Memo Regarding Resolution No. 21_ Timber Sale IGA Resolution No. 21, Series of 2017 Vail Intermountain Timber Sale Contract June 20, 2017 - Page 17 of 503 TOWN OF VAIL' Memorandum To: Vail Town Council From: Paul Cada, Wildland Program Administrator Date: June 20, 2017 Subject: Resolution No. 21, Series of 2017, an IGA Between the Town of Vail and The United States Forest Service for a Timber Sale Associated with the Intermountain Fuels Reduction Project I. Background For the past 4 years the Town of Vail and United States Forest Service (USFS) have been working together to develop and implement the Intermountain Fuels and Forest Health project. During the project implementation planning, the USFS and Town staff discussed methods to streamline project implementation. It was decided that the USFS would contract and implement the phase 1 hand treatment units and the Town would contract and implement the phase 2 helicopter logging units. This decision was based on the complex nature of the helicopter logging project and the Town's ability to solicit contracts and make agreements. An additional benefit of the Town implementing phase 2 is a higher level of control over the helicopter logging project. Since the entirety of the helicopter logging treatment area is on USFS land, the USFS must transfer the responsibility for treatment over to the Town. The process that was chosen to transfer this responsibility was through the use of a timber sale agreement. The timber sale agreement spells out specific responsibilities the Town has for the completion of the project area in compliance with the environmental review that was completed in 2016. The USFS is obligated to account for the value of the forest products that are removed through all timber sale activity. Because of this, the Town will be required to make a payment of $348.05 to account for the value of the wood products contained in the 43 acres of the project area. 11. Staff Recommendation Approve Resolution No. 21, Series of 2017 to enter into an IGA between the Town of Vail and U.S. Forest Service for the timber sale associated with the Intermountain Fuels Reduction Project. Sample motion: I move to approve on consent, Resolution 21 to enter into an IGA between the Town and U.S. Forest Service for the timber sale associated with the Intermountain Fuels Reduction Project. June 20, 2017 - Page 18 of 503 RESOLUTION NO. 21 Series of 2017 A RESOLUTION APPROVING A TIMBER SALE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE UNITED STATES FOREST SERVICE; 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, for the past 4 years the Town and U.S. Forest Service (the "USFS") have been working together to develop and implement the Intermountain Fuels and Forest Health project (the "Project"); WHEREAS, because, as part of the Project, the helicopter logging treatment area is on USFS land, the USFS must transfer the responsibility for treatment over to the Town. The process chosen to transfer this responsibility was through the use of a timber sale agreement (the "Agreement"); and WHEREAS, the Agreement spells out the Town's responsibilities for the completion of the Project area in compliance with the environmental review that was completed in 2016. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Agreement is hereby approved in substantially the same form attached hererto as Exhibit A and in a form approved by the Town Attorney. 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 20th day of June, 2017. Dave Chapin, Mayor of the Town of Vail, Colorado ATTEST: Patty McKenny, Town Clerk Resolution No. 21, Series of 2017 June 20, 2017 - Page 19 of 503 U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE TIMBER SALE CONTRACT (Applicable to Sales to be Measured before Felling) Name of Purchaser National Forest White River Ranger District Holy Cross Region Rocky Mountain Contract Number Sale Name Vail Intermountain Award Date Termination Date 12/31/2018 The parties to this contract are The United States of America, acting through the Forest Service, United States Department of Agriculture, hereinafter called Forest Service, and hereinafter called Purchaser. Unless provided otherwise herein, Forest Service agrees to sell and permit Purchaser to cut and remove Included Timber and Purchaser agrees to purchase, cut, and remove Included Timber. This contract consists of three Divisions: AT - Specific Conditions, BT - Standard Provisions, and CT - Special Provisions, together with Sale Area Map, Plans and specifications for developments (if any), and such attachments as may be provided for in Division CT. Specific Conditions are numbered and apply to the Part, Section, Subsection, or Item of the Standard Provisions, as indicated hereunder. Other conditions of this contract are stated in Division CT - Special Provisions. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the award date. Two Witnesses:1 " (Name) (Address) By: UNITED STATES OF AMERICA Contracting Officer (Title) By: (Purchaser) 2/ (Name) (Title) (Address) (Business Address) 1,3/ , certify that I am the Secretary of the corporation named as Purchaser herein; that who signed this contract on behalf of Purchaser, was then of the corporation; that the contract was duly signed for and in behalf of the corporation by authority of its governing body, and is within the scope of its corporate powers. CORPORATE SEAL 4/ 1 Contract 2400-6T, Page 101 (6106) June 20, 2017 - Page 20 of 503 Sale Name: Vail Intermountain Contract No: INSTRUCTIONS: 1/ The signatures and addresses of two witnesses are required if Purchaser is other than a corporation. 2/ If Purchaser is a co -partnership, the signatures should be: XYZ Company, by John Doe, a member of the firm. If Purchaser is a corporation, form of signature should be: XYZ Company, by John Doe, President (or other officer or agent) and the seal of the corporation must be impressed or indicated. 3/ The certificate must be completed if Purchaser is a corporation. 4/ If the corporation has no corporate seal that fact shall be stated, in which case a scroll or adhesive seal shall follow the corporate name. EXAMPLE 1/ Subcontractor Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Timber Sale Name: National Forest: The prospective subcontractor (participants in lower tier covered transactions) certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this timber sale by any Federal department or agency. Where the prospective subcontractor is unable to certify to any of the statements in this certification, such prospective subcontractor shall attach an explanation to this proposal. Name of Subcontractor: Business Address: Date Signature 1/ It is the Purchaser's responsibility to have subcontractors complete this certification and to maintain a file of completed certifications. This certification does not need to be returned to the Forest Service, except at the written request of the Contracting Officer. June 20, 2017 - Page 21 of 503 Sale Name: Vail Intermountain Contract No: The following conditions apply to the indicated portions of Division BT - Standard Provisions issued June 2006. AT1 - Location and Area, applicable to BT1.1 This Sale Area of 444 acres more or less is located in: portions of surveyed Sections 12, 13, 14, 22 and 23, T5S, R8IW, 6th Principal Meridian, Eagle County, Colorado AT2 - Volume Estimate and Utilization Standards, applicable to BT2.1, BT2.2, BT2.4, and BT6.4 Species Productquantity Estimated * Unit of Measure Minimum Specifications Merchantable Tree Piece Required to be Removed Diameter Breast High (d.b.h.) (inches) Number of Minimum Pieces per Tree Length (feet) Diameter Inside Bark at Small End (inches) Net Merch. Factor Live/Dead Lodgepole Pine and Other Conifer Sawtimber 1,233.10 CCF 7.0 1 8 6.0 10.67 Live/Dead Lodgepole Pine and Other Non -Saw 38.10 CCF 5.0 1 6.5 4.0 16 Live/Dead Biomass (topwood) Grn Sio Cv 121.00 CCF 4.0 1 4 4.0 16 Total Quantity 1,392.20 CCF *Quantities not included here are described in BT2.4. AT3- Timber Designations, applicable to BT2.3; acres are approximate: Clearcutting Units (BT2.31) Specified Road Clearing (BT2.32) Overstory Removal Units (BT2.33) Understory Removal Units (BT2.34) Individual Trees (BT2.35) Incompletely Measured Payment Units (BT2.36) Number 9 Acres 43.06 2 Contract 2400-6T, Page 102 (6/06) June 20, 2017 - Page 22 of 503 Sale Name: Vail Intermountain Contract No: AT4 - Timber Payment Rates, applicable to BT3.1 and BT4.0 AT4a - For Species and Products to be Paid for at Rates Escalated under BT3.2 Not Applicable AT4b- For Species and Products to be Paid for at Flat Rates Species Product Unit of Measure Rates per Unit of Measure Base $ Advertised $ Bid Premium $ Bid (Flat) $ Required Deposits Slash Disposal $ Live/Dead Lodgepole Plne and Other Conifer Sawtimber CCF .25 .25 .00 Live/Dead Lodgepole Pine and Other Non -Saw CCF .25 .25 .00 Live/Dead Biomass (topwood) Grn Bio Cv CCF .25 .25 .00 For purposes of convenience in collection and bookkeeping, Bid Rates stated in AT4 include payment of deposits for sale area betterment required pursuant to 16 USC 576b. Such deposits are not included as Required Deposits defined hereunder. 3 Contract 2400-6T, Page 103 (6106) June 20, 2017 - Page 23 of 503 Sale Name: Vail Intermountain Contract No: AT4c - Schedule of Payment Units Pay -Total ment Unit No. App rox. Acres Quantity of Species and Products to be Escalated under AT4a Total Tentative Payment $ Quantity of Species and Products to be Paid for at Flat Rates under AT4b Fiat Rate Payment $ Total Required Deposits for Slash Disposal $ 1 43.06 LivelDead Lodgepole Sawtimber 1,233.10 CCF Plne and Other Conifer LivelDead Lodgepole Non -Saw 38.10 CCF Pine and Other LivelDead Biomass Grn Bio Cv 121.00 CCF (topwood) .00 Total PU Quantity And Value 1,392.20 CCF 4 Contract 2400-6T, Page 104 (6106) June 20, 2017 - Page 24 of 503 Sale Name: Vail Intermountain Contract No: The following definitions are established for the terms used in AT4: Base Rates are the lowest rates of payment for timber that are authorized by this contract. Base Rates remain constant throughout the life of this contract and are not subject to change by rate redetermination, except for reduction under BT3.31, BT3.32, or BT3.33. Advertised Rates are the minimum acceptable Bid Rates for timber, exclusive of Required Deposits. These rates are those indicated by appraisal, with a cost allowance made for construction of Specified Roads listed in AT7, but are never less than Base Rates, Bid Premium Rates are the amounts by which Purchasers bid is in excess of Advertised Rates. The Bid Premium Rates are constant during this contract, except as provided in BT3.31, BT3.32, and BT3.33. Bid Rates are the rates bid by Purchaser (exclusive of Required Deposits for slash disposal and road maintenance) and are the sum of Advertised Rates and Bid Premium Rates. Until a rate redetermination becomes effective, the Bid Rate for species and products in AT4a is the Tentative Rate that is subject to quarterly adjustment under BT3.2; for species and products in AT4b, the Bid Rate is the Flat Rate. Required Deposits are deposits that Purchaser may be required to pay for slash disposal (16 USC 490) and road maintenance (16 USC 537). Required Deposits may be adjusted as part of a rate redetermination or a Contract Term Extension. The table shows only Required Deposits for slash disposal; road maintenance deposits, if any, are given in CT5.32#. Base Index is the specified average of the lumber or other product selling value index used as the basis for computing adjustment in rates for variance in product selling value, as provided in BT3.2. ATS - Indices Used in Quarterly Adjustment, applicable to BT3.2 Not Applicable AT6 - High Stumps, applicable to BT6.412 Species Product Maximum Stump Height (inches) LivelDead Lodgepole Plne and Other Conifer Sawtimber 12 Live/Dead Lodgepole Pine and Other Non -Saw 6 5 Contract 2400-6T, Page 105 (6106) June 20, 2017 - Page 25 of 503 Sale Name: Vail Intermountain Contract No: AT7 - Specified Roads, applicable to BT5.2 Name and Date of Governing Road Specifications: Project Design Class Approx. Length mi./km. ( 1 Sheet Numbers and Approval Date Pp Performance Responsibility Survey Design Construction Staking 11 Road No. Name NOT APPLICABLE 1/ Indicate timing, i.e. before clearing (BC) or after clearing (AC). Applicable to BT5.212. AT8 - Forest Service Engineering Completion Schedule, applicable to BT5.21 Road No. Road Name Type of Work 1 Completion Date NOT APPLICABLE AT9 - Fire Precautionary Period, applicable to BT7.2 July 01 to October 15 , inclusive AT10 - Purchaser Responsibility to Furnish Crews and Equipment for: Initial Fire Supression, applicable to BT7.3 Within 5 road miles Fire Suppression Reinforcement, applicable to BT7.312 and BT7.313 Within 80 road miles ATI I - Purchaser's Obligation per Operations Fire, applicable to BT7.41 Maximum Amount: $ 55,300 AT12 - Termination Date, applicable to BT8.2 December 31, 2018 ATI3 - Normal Operating Season, applicable to BT6.31, BT6.66, BT8.21 and BT9.3 First Period: July 01 to October 14 , inclusive Second Period: to inclusive 6 Contract 2400-6T, Page 106 (6106) June 20, 2017 - Page 26 of 503 Sale Name: Vail Intermountain Contract No: AT14 - Performance Bond, applicable to BT9.1 Performance Bond Amount: 6(a) Contract 2400-6T, Page 106(a) (6106) June 20, 2017 - Page 27 of 503 Sale Name: Vail Intermountain Contract No: AT15 - Downpayment, applicable to BT4.211 Downpayment Amount: AT16 - Periodic Payment Amount, applicable to BT4.213 Periodic Payment Determination Date Amount initial Payment: N/A N/A Additional Payment: N/A N/A AT17 - Market -Related Contract Term Addition Producer Price Index, applicable to BT8.212 Index Name: Softwood Lumber Index Number: 0811 AT18 - Inapplicable Standard Provisions The following listed Sections, Subsections, or Items of Division BT - Standard Provisions - are hereby made inapplicable. (Instructions: List by reference number and title.) BT4.211 DOWNPAYMENT BT4.31 BLANKET BOND BT4.4 PAYMENTS NOT RECEIVED BT8.212 MARKET -RELATED CONTRACT TERM ADDITION AT19 - List of Special Provisions The following listed special provisions are attached to and made a part of this contract as Division CT. Provisions with reference numbers followed by # contain blanks into which data have been entered for this sale. (Instructions: List by reference number, title, and date.) CT2.3# CT2.301 # CT4.211 CT4.212 CT4.31 # CT4.4 CT5.36# CT6.312# CT6.32# CT6.42# CT6.6# CT6.602# CT6.7# CT6.71 CT6.8# CT6.81# CT7.2 CT7.20 CTB.212 CTB.66# (Option 1) RESERVE TREES (04/2004) CUTTING UNIT BOUNDARIES (09/2001) DOWNPAYMENT (06/2007) TEMPORARY REDUCTION OF DOWNPAYMENT (08/2009) BLANKET BOND (09/2001) PAYMENTS NOT RECEIVED (08/2012) SNOW REMOVAL (09/2001) SALE OPERATION RESTRICTIONS (04/2004) PROTECTION OF RESERVE TREES (04/2004) SKIDDING AND YARDING (SPECIAL OBJECTIVES) (11/1998) EROSION PREVENTION AND CONTROL (11/1998) PROTECTION OF DISTURBED AREAS FROM ESTABLISHMENT OF NOXIOUS WEEDS (11/1998) SLASH TREATMENT (04/2003) CHANGE IN SLASH TREATMENT (1111998) MEASURING (09/2003) ACCOUNTABILITY (04/2003) FIRE PRECAUTIONS (09/1993) FIRE PRECAUTIONS (HELICOPTER) (09/2001) MARKET -RELATED CONTRACT TERM ADDITION (11/2008) USE OF TIMBER (04/2004) 7 Contract 2400-6T, Page 107 (6/06) June 20, 2017 - Page 28 of 503 Sale Name: Vail. Intermountain CT2.3# - RESERVE TREES (04/2004) Page 141 Notwithstanding the designations for cutting under BT2.31, BT2.32, BT2.33, or BT2.34, live or dead SEED TREE reserve trees or groups of reserve trees within such cutting units or clearings shall be left uncut. Such Reserve trees are identified by Species (Douglas Fir) and shall be protected in accordance with CT6.32#• Units with reserve trees are shown on the Sale Area Map. CT2.301# - CUTTING UNIT BOUNDARIES (09/2001) The boundaries of cutting units are designated as shown in the following table. The trees used for boundary designation are not to be cut. See Cutting Unit Boundary Designation Table June 20, 2017 - Page 29 of 503 Page 142 Sale Name: VAIL INTERMOUNTAIN CT2.301# - CUTTING UNIT BOUNDARIES. (9/01) Cutting Unit Boundary Designation Table Cutting Unit Paint Color Designation Boundaries are designated on 121, 122, 123, 221, 222, ORANGE trees with two vertical stripes, 321, 322, 323, 521 and a dot. The vertical stripe is visible from each direction along the boundary line and extends from approximately 3 feet above ground level to approximately 6 feet above ground level. The dot faces into the center of the unit and is painted at approximately 6 feet above ground level and is at least 3-4 inches in diameter. At least one stump mark is painted on the downhill side of the tree. June 20, 2017 - Page 30 of 503 Sale Name: Vail Intermountain CT4.211 - DOWNPAYMENT (06/2007) Page 143 The downpayment amount shown in AT15 may not be applied toward any other payment required under the provisions of this contract, except damages determined pursuant to BT9.4, transferred to other timber sales, or refunded until (a) stumpage value representing 25 percent of the total bid value of the timber sale is shown on Timber Sale Account to have been cut, removed, and paid for, or (b) the estimated value remaining to be cut and removed, as shown on Timber Bale Account, is equal to or less than the amount of the downpayment, or (c) if 36 CFR 223.49(e) is applicable, the estimated value remaining to be cut and removed, as shown on Timber Sale Account, is equal to or less than the amount of the downpay-ment. For lump sum timber sales, the downpayment may be applied to payment for release of the single payment unit. If Forest Service makes a determination that this contract should not have been included under in- creased downpayment requirements (36 CFR 223.49(e)), the downpayment shall be revised and applied in accordance with 36 CFR 223.49(f). CT4.212 - TEMPORARY REDUCTION OF DOWNPAYMENT (08/2005) Notwithstanding BT4.211 or CT4.211, upon the Purchasers written request Forest Service may temporarily reduce the downpayment when Purchasers scheduled operations are delayed or interrupted for 30 or more consecutive days, or the contract term is extended for 30 or more consecutive days for any of the following reasons: (1) Forest Service requests or orders Purchaser to delay or interrupt scheduled operations for reasons other than breach; (2) Purchaser interrupts or delays scheduled operations to work on a sale designated by the Forest Service as in urgent need of harvesting; or (3) An adjustment of the contract term authorized upon a determination of substantial overriding public interest, including a market -related contract term addition, or an urgent removal contract term extension under 36 CFR 223.53. When Purchaser is not cutting or removing timber under contract during a qualifying period of delay, interruption, or extension listed above the downpayment may be reduced to $1000 or 2 percent of the downpayment amount stated in the contract, whichever is greater. The Purchaser must restore the downpayment to the full amount stated in the contract within 15 days from receipt of the bill for collection and written notice from the Contracting Officer that the basis for temporarily reducing the downpayment no longer exists. Purchaser shall not cut or remove timber on a contract where the downpayment has been temporarily reduced until the downpayment amount stated in the contract is fully restored. June 20, 2017 - Page 31 of 503 Sale Name: Vail Intermountain CT4.31# - BLANKET BOND (09/2001) Page 144 If Purchaser furnishes an acceptable bond or deposits securities, in accordance with BT4.3, to guarantee payment for timber from this and other timber sales within the same Contracting Zone, the amount of such bond or deposited securities shall be allocated to such sales by Forest Service. When there is to be no timber cutting hereunder for 30 calendar days or more and payment of current charges has been made, the allocation to this sale shall be reallocated to other sales at Purchasers request, and purchaser shall not start cutting hereunder until this sale receives an allocation which will, in combination with transferred - in Purchaser Credit, meet the obligation for payment guarantee. A Contracting Zone as stated in this provision contains the following National Forests; Contracting Zone National Forests NZ Bighorn National Forest NZ Medicine Bow-Routt National Forest NZ Arapaho/Roosevelt National Forest NZ Shoshone National Forest - NZ White River National Forest June 20, 2017 - Page 32 of 503 Sale Name: Vail Intermountain CT4.4 - PAYMENTS NOT RECEIVED (06/2012) Page 145 (a) Payments are due and payable on the date of issue indicated on the bill for collection. When a payment for timber cut and other charges is not received at the location designated by Forest Service by the date specified in the bill for collection, Contracting Officer will suspend all or any part of Purchaser's Operations until payment or acceptable payment guarantee is received. Other charges include, but are not limited to: (i) Slash disposal and road maintenance deposits; (ii) Cooperative work at rates established by specific agreement under BT4.218; (iii) Damages pursuant to BT9.4; (iv) Road use fees; (v) Restoration of downpayment pursuant to BT4.22; (vi) Periodic payments pursuant to BT4.213; (vii) Extension Deposits pursuant to BT4.217; and (viii) Other mandatory deposits. (b) Failure to pay amounts due by the date specified in collection shall be considered a begin to run as of the end of the performance or payment is guaranteed by notification of breach. Demand will be made bond instrument for immediate payment 10 days the bill for breach under BT9.3. The 30 -day notice period prescribed therein shall business on the date specified for receipt of payments. If surety bond, the surety will receive a copy of the written the surety or other institution providing the guarantee or after issuance of written notification of the breach. (c) Pursuant to the Debt Collection Improvement Act of 1996, as amended, if payment is not received by Forest Service within 15 days after the date of issue indicated on the bill for collection: (i) Simple interest shall be assessed at the Current Value of Funds Rate as established by the Secretary of the Treasury. Interest will begin Co accrue as of the date of issue indicated on the initial bill for collection. (11) Debtors will be assessed administrative charges, in addition to the delinquent amount due. Administrative charges are those additional costs incurred by the Government in processing, handling, and collecting delinquent debts. (iii) A penalty charge of six (6) percent per annum will be assessed on any portion of a debt delinquent more than 90 days. This penalty charge is in addition to interest and administrative charges under paragraphs (c) (i) and (c)(ii). The penalty charge shall accrue from the date of issue indicated on the bill for collection and shall be assessed on all outstanding amounts, including interest and administrative costs assessed under paragraphs (c)(i) and (c)(ii). (iv) Payments will be credited on the date received by the Federal Depository or Collection Officer designated on the bill for collection. (d) Forest Service remedies for Purchaser's failure to make payment for timber cut and other charges when due, except for accrual of interest, suspension of all or any part of Purchaser's Operations, and administrative offset, shall be stayed for so long as: (1) A bona fide dispute exists as to Purchaser's obligation to make such payment and (ii) Purchaser files and prosecutes a timely Claim. on June 20, 2017 - Page 33 of 503 Sale Name: Vail Intermountain CT5.36# - SNOW REMOVAL (09/2001) Page 146 Snow removal shall be done in a manner to preserve and protect the roads to insure safe and efficient transportation and to prevent unacceptable erosion damage to roads, streams, and adjacent lands. A. Description. Snow removal work by Purchaser shall include: 1. Removal of snow from entire road surface width including turnouts. 2. Removal of snow slides, minor earth slides, fallen timber and boulders that obstruct normal road surface width including turnouts. 3. Maintain drainage so that the drainage system will function efficiently. B. Performance. All items of snow removal shall be done currently as necessary to insure safe, efficient transportation. Work shall be done in accordance with the following minimum standards of performance. 1. Removal of material. All debris, except snow and ice, that is removed from the road surface and ditches shall be deposited away from stream channels at agreed locations. 2. During snow removal operations, banks shall not be undercut nor shall gravel or other selected surfacing material be bladed off the roadway surface. 3. Ditches and culverts shall be kept functional during and following roadway use. 4. Snow berms shall not be left on the road surface. Berms left on the shoulder of road shall be removed and/or drainage holes shall be opened and maintained. Drainage holes shall be spaced as required to obtain satisfactory surface drainage without discharge on erodible fills. 5. Dozers and skidders shall not be used to plow snow on system roads without written approval of Forest Service. Upon approval, dozers and skidders must be equipped with shoes or runners to keep the plow blade a minimum of 3.0 inches above the road surface unless specifically removed from the requirements in writing. 6. Snow must not be removed to the road surface. A minimum 3.0 inch depth must be left to protect the roadway. 7. Purchaser's damage from, or as a result of, snow removal shall be restored in a timely manner. CT6.312# - SALE OPERATION RESTRICTIONS (04/2004) Unless otherwise agreed to in writing, sale operations will be restricted as listed below: See Sale Operation Restriction Schedule June 20, 2017 - Page 34 of 503 Page 147 Sale Name: VAIL INTERMOUNTAIN CT6.312# - SALE OPERATION RESTRICTIONS. (4/04) Cutting Unit Restriction Purpose 121, 122, 123, 221, 222, No logging operations To minimize disturbance 321, 322, 323, 521 (felling, limbing, bucking within deer migration and yarding) from October corridor and within elk 16 to June 30, annually. winter range 121, 122, 123, 221, 222, No helicopter yarding on To minimize helicopter 321, 322, 323, 521 weekends (Saturday and noise and disruption to the Sundays), annually. community. 121, 122, 123, 221, 222, No logging operations To minimize disruption 321, 322, 323, 521 (felling, limbing, bucking and yarding) outside of to the community. Town of Vail work hours (sunup to sundown), annually. June 20, 2017 - Page 35 of 503 Sale Name: Vail Intermountain CT6.32# - PROTECTION OF RESERVE TREES (04/2004) Page 148 Purchaser's damage or destruction of reserve trees described in CT2.3# will cause serious and substantial silvicultural or other damage to the National Forest. It will be difficult if not impossible to determine the amount of such damage. Therefore, Purchaser shall pay es fixed, agreed, and liquidated damages $ 100 for each SEED TREE (Douglas Fir) reserve tree and $ N/A, for each N/A reserve tree damaged or destroyed by Purchasers Operations, in addition to amounts payable under BT3.44 and BT3.45. Damage, as used herein, includes any injury to the living crown, bole, or roots of reserve trees. If areas are marked on the ground around such reserve trees, operation of heavy equipment or skidding of prod-ucts within the area shall be considered to be damage to the tree. CT6.42# - SKIDDING AND YARDING (SPECIAL OBJECTIVES) (11/1998) Unless otherwise agreed in writing, silvicultural prescriptions and land management objectives shall be conducted and accomplished by the following requirements, methods and procedures: See Skidding and Yarding Table June 20, 2017 - Page 36 of 503 Page 149 Sale Name: VAIL INTERMOUNTAIN CT6.42# - SKIDDING AND YARDING (SPECIAL OBJECTIVES) (11198) . Cutting Unit Special Objectives 121, 122, 123, 221, 222, 321, 322, 323, No ground based skidding or yarding 521 equipment allowed to operate within timber sale area 121, 122, 123, 221, 222, 321, 322, 323, Helicopter Yarding required 521 June 20, 2017 - Page 37 of 503 Sale Name: Vail Intermountain CT6.64 - EROSION PREVENTION AND CONTROL (11/I998) Page 150 A. Purchaser shall locate Temporary Roads on locations approved by the Forest Service. Such location shall include the marking of road centerline or grade -line and the setting of such construction stakes as are necessary to provide a suitable basis for economical construction and the protection of National Forest lands. B. Skidding with tractors within 111 feet of live streams shall not be permitted except in places designated in advance by Forest Service, and in no event shall skid roads be located in live or intermittent streamcoursss. Skid trails shall be located high enough out of draws, swales, and valley bottoms to permit diversion of runoff water to natural undisturbed forest ground cover. C. Prior to periods of accelerated water runoff, especially during the spring runoff and periods of heavy rainfall, Purchaser shall inspect and open culverts and drainage structures, construct special cross ditches for road runoff, and take other reasonable measures needed to prevent soil erosion and siltation of streams. D. Temporary Road surface width shall be limited to truck bunk width plus four (4) feet, except for needed turnouts which shall not exceed two (2) times the bunk width plus four (4) feet. If shovels or cranes with revolving carriage are used to skid or load, Temporary Road surface width equal to track width plus tail swing shall be permitted. E. unless otherwise agreed in writing, Purchaser shall keep erosion control work current with his operations under the sale and in any case not later than 15 days after completion of skidding on each payment unit or cutting unit. June 20, 2017 - Page 38 of 503 Sale Name: Vail Intermountain CT6.602# - PROTECTION OF DISTURBED AREAS FROM ESTABLISHMENT OF NOXIOUS WEEDS (11/1998) Page 151 In addition to the requirements of CT6.601#; Purchaser shall seed and fertilize areas where mineral soil is exposed as designated by the Forest Service. Unless otherwise agreed to in writing, seeding shall be done in the early spring or fall during weather and moisture conditions favorable for quick germination and growth of the plants. Seeding shall be completed in a timely manner following the last disturbance activity by the purchaser in the disturbed area. The Certified seed analysis reports from each container shall be provided by Purchaser to the Forest Service prior to application of the seed. Seed and fertilizer shall be spread evenly at the rate of 20 pounds of seed and N/A pounds of fertilizer per acre. when fertilizer and seed are applied in separate operations, the second operation shall be carried out within 72 hours of the first operation. When an adequate seedbed does not exist, Purchaser shall scarify to get a 2 inch loose soil seedbed, prior to seeding. The kinds and amounts of seed to be sown in terms of pure live seed (PLS) shall be: See seed Application Table. All seed purchased will be certified to be free of the noxious weed seeds from weeds listed on the current "A11 states Noxious Weeds List." Test results from a certified seed analyst and seed analysis labels attached to the bags will be provided to the Forest Service. The following kinds and amounts of standard commercial fertilizer shall be used with guaranteed analysis of contents clearly marked on containers: See Fertilizer Application Table. June 20, 2017 - Page 39 of 503 Page 152 Sale Name: VAIL INTERMOUNTAIN CT 6.602# - PROTECTION OF DISTURBED AREAS FROM ESTABLISHMENT OF NOXIOUS WEEDS (11/98) Species of Seed PLS Pounds per Acre Mountain Brome 8.00 Blue Wildrye 7.00 Big Bluegrass 1.00 Slender Wheatgrass 4.00 Type of Fertilizer Pounds per Acre N/A N/A June 20, 2017 - Page 40 of 503 Sale Name: Vail Intermountain CT6.7# - SLASH TREATMENT (04/2003) Page 153 Slash is defined as logs, tops, limbs, and other woody material, exclusive of stumps, which is created by the logging operation and remaining on the ground after logging. In areas where Purchaser -created slash is intermingled and inseparable from pre-existing slash, slash disposal requirements shall apply to the pre- existing slash as well as the Purchaser -created slash. Such areas are designated in the Purchaser Slash Responsibility Table herein. Slash created in the construction of Specified Roads shall not be considered as logging slash in this Section. Unless otherwise agreed in writing, Purchaser shall perform the following work described below and/or as shown on the Sale Area Map and/or Slash Disposal Map. Forest Service and Purchaser shall jointly develop a schedule for completion of slash treatment on the various portions of the sale area. See Purchaser's Slash Responsibility Table June 20, 2017 - Page 41 of 503 Page 154 Sale Name: VAIL INTERMOUNTAIN Purchaser's Slash Responsibility Table Description of Unit(s) Type of Slash Disposal 121, 122, 123, 221, 222, 321, 322, 323, 521 Lop and scatter slash to a maximum depth of 24 inches from ground level June 20, 2017 - Page 42 of 503 Sale Name: Vail Intermountain CT6.71 - CHANGE IN SLASH TREATMENT (11/1996) Page 155 Slash treatment measures required in CT6.7 may be changed upon written agreement. The Forest Service shall determine the current cost of performing the work to be deleted and the work to be added. When the cost of work deleted exceeds the coat of work added, the agreement shall provide for a lump sum payment to the Forest Service for the amount of the difference. CT6.8# - MEASURING (09/2003) The estimated quantity of timber in AT2 has been determined by standard procedures described in FSH 2409.12, Timber Cruising Handbook. The following table describes the type of cruising method used to determine quantities: See Cruising Method Table Estimated quantities of timber subsequently included under BT2.13, BT2.14, BT2.31, BT2.32, BT2.33, BT2.34, BT2.35 or BT2.37 not previously measured will be determined using standard cruise methods as described in PSH 2409.12, Timber Cruising Handbook, or, if attached, using the Additional volume Calculation Table based on information generated from the timber sale cruise. June 20, 2017 - Page 43 of 503 Sale Name: VAIL INTERMOUNTAIN CT6.8# - MEASURING (09/03) Cutting Unit Cruising Method 121, 122, 123, 221, 222, 321, 322, 323, Comparison Cruise 521 (Eco07 Admin Use) Page 156 June 20, 2017 - Page 44 of 503 Page 157 Sale Name: Vail intermountain CT6.81# - ACCOUNTABILITY (04/2003) The following requirements are applicable to Product Removal Permits: 1. Forest Service will issue to Purchaser or designated representative(s) serially numbered Product Removal Permit books for use only on this sale. Product Removal Permit books, whether used or unused, shall be accountable property of Forest Service and shall be returned to issuing Forest Service Office in accordance with instructions contained in each book. Each book which is not returned to the Forest Service will be considered a lost book and liquidated damages of $100 will be assessed. 2. Purchaser shall require all permits be completed in accordance with the instructions contained on the inside cover of each book. 3. Each load will have the last three digits of the load receipt number painted on both ends of three logs with BLACK paint. All loads that consist of a truck and pup(s) must have the last three digits of the load receipt painted on both ends of three logs on all subunits of the combination. Purchaser shall require vehicles hauling Included Products to stop at agreed upon locations for purposes of monitoring accountability. The parties shall agree upon the haul route prior to operations. June 20, 2017 - Page 45 of 503 Sale Name: Vail Intermountain CT7.2 - FIRE PRECAUTIONS (09/1993) Page 158 1. Smoking and Lunch Fires. Smoking is prohibited except inside a building, developed recreation site, vehicles, or while seated in an area of at least three feet in diameter that is barren or cleared of all flammable materials. 36 CFR 261.52(d). The building of camp, lunch, warming and other fires within the sale area and vicinity is prohibited, except at established camps or at other safe places where all flammable material has been cleared away sufficiently to prevent the start and spread of wildfires. Forest Service may, upon request of purchaser, designate specific places where campfires may be built for purposes of heating lunches. 2. Spark Arrester and Mufflers. Notwithstanding BT7.2, operating or using any internal combustion engine, on any timber, brush, or grass covered land, including trails and roads traversing such land, without a spark arrester, maintained in effective working order, meeting either (I) Department of Agriculture, Forest Service standard 5100, "SPARK ARRESTERS FOR INTERNAL COMBUSTION ENGINES," (current edition); or (II) the Society of Automotive Engineers (SAE) Recommended Practices ,7335, "MULTIPOSITION SMALL ENGINE EXHAUST SYSTEM FIRE IGNITION SUPPRESSION," (current version) and J350, 36 CFR 261.52(j) is prohibited. Passenger carrying vehicles, pickups, medium and large highway trucks (80,000 GVW) will be equipped with a factory designed muffler system which is specified for the make and model of the respective vehicle/truck or with a muffler system that is equivalent or that exceeds factory specifications. Exhaust systems shall be properly installed and continually maintained in serviceable condition. 3. Fire Extinguishers and Tools on Equipment. While in use, each internal combustion engine including tractors, trucks, yarders, loaders, welders, generators, stationary engines, or comparable powered equipment shall be provided with at least the following: (a) One fire extinguisher, at least 5#ABC with an Underwriters Laboratory (UL) rating of 3A - 40BC, or greater. (b) One shovel, sharp, size 0 or larger, round -pointed with an overall length of at least 48 inches. (c) One axe, sharp, double bit 3-1/2#, or one sharp pulaski. Extinguishers, shovels, axes, and pulaskis shall be mounted so as to be readily available from the ground. All tools shall be maintained in a serviceable condition. 4. Power Saws. Each gasoline engine power saw shall be provided with one chemical -pressurized fire extinguisher of not less than 8 -ounce capacity by weight, and one size 0 or larger, round -pointed shovel with an overall length of at least 48 inches. The extinguisher and shovel shall be maintained in good working order. The extinguisher shall be with the power saw operator and immediately available for use at all times. The extinguisher shall not be affixed to the saw. The shovel shall be readily available to the operator of the saw at all times. Having the shovel with the gas can used to refuel the saw may be considered "readily available" if not more than 200 feet from the saw. During periods of critical fire danger, Forest Service may prescribe other precautionary measures. Any fueling or refueling of a power saw shall be done in area which has first been cleared of material which will carry fire. The power saw shall be moved at least 10 feet from the place of fueling or refueling before starting. 5. Blasting and Welding. The use of fuses in blasting shall not be permitted except near power lines where the danger of accidental detonation is present, and then only by special written permission of Forest Service. Whenever the relative humidity falls below 50 percent, Purchaser shall place a watchman at each point where blasting is done who shall remain on duty for at least one hour after blasting is finished, and June 20, 2017 - Page 46 of 503 Page 259 Sale Name: Vail Intermountain who shall be equipped with shovel and a water -filled backpack can equipped with a hand pump. During periods when the relative humidity falls below 20 percent, blasting shall be discontinued unless authorized, with special provisions, in writing by Forest Service. Blasting shall not be permitted in any area not cleared to mineral soil without advance written approval of Forest Service and with such special precautions as may be required. Prima cord shall not be used in clearing operations, and in other areas where timber has been felled and slash not burned. unless otherwise directed in writing by Forest Service, all flammable material shall be cleared for 10 feet around any piece of equipment being welded. In addition, Purchaser shall provide a fire extinguisher of a size and type designed to extinguish a fire in the flammable materials surrounding the spot being welded. In order to determine the relative humidity, Purchase shall either (a) provide and maintain weather instruments, that will measure relative humidity, in the area where blasting will occur; or (b) provide communications to obtain weather data from Forest Service. Explosives shall be stored at all times in a locked box marked"Explosives". Powder and blasting caps shall be stored in separate boxes. 6. Storage of Flammables. Gasoline, oil, grease and other highly flammable material shall be stored either in a separate building, or at a site where all debris is cleared within a radius of 25 feet. Storage buildings or sites shall be a minimum distance of 50 feet from other structures. Storage buildings shall be adequately posted to warn of the flammables and to prohibit smoking in or around the building. 7. Camp Fire Protection. The grounds around all trailers, buildings, other facilities constructed or placed on or near Sale Area under BT6.2 shall be kept free of flammable material for a distance of at least 20 feet from the wall of such structure. Burning of such flammable material shall be as prescribed by Forest Service in writing. Stovepipes of all wood burning stoves shall be equipped with suitable roof jacks and serviceable spark arresters. Stovepipes shall be no closer than 2 feet from any wood or other flammables unless adequately protected from by metal or asbestos shields. June 20, 2017 - Page 47 of 503 Sale Name: Vail Intermountain CT7.20 - FIRE PRECAUTIONS (HELICOPTER) (09/2001) Page 160 In addition to Normal Precautions provided for in CT7.2, Purchaser shall provide or take the following precautions or actions where helicopter yarding is specified or permitted. A. Fire tools, including backpack pump and tool boxes, required at landings shall have a sling arrangement for immediate helicopter transportation of the tools to the vicinity of any fire within Sale Area. The sling arrangement shall not impede access to the tools. S. Store flammable liquids (fuel) only in tank trucks or trailers specifically designed for storing and transporting liquid fuel or in stationary tanks, securely bedded on skids or frames to prevent rolling or tipping. Fuel storage area shall be adequately diked with dirt to prevent fuel spillage or leakage from spreading beyond the diked area. Mobile fuel tanks (trailers or trucks) shall also be parked within a diked area. Polyethylene, rubber or other flexible type fuel storage facilities will not be permitted on National Forest land. C. Provide at fuel servicing operations fire extinguishers which have the following ratings based on the open hose discharge capacity, i.e., "broken hose" of the aircraft fueling system: 1. where said capacity does not exceed 200 gallons per minute, at least one (1) approved extinguisher having a minimum rating of 20-S, 2. Where said capacity is in excess of 200 gallons per minute, but not over 350 gallons per minute, one (1) approved extinguisher having a minimum rating of 80-a, 3. Where said capacity is in excess of 350 gallons per minute, two (2) approved extinguishers, each having a minimum rating of 80-5. Extinguishers of over 50 pounds gross weight shall be of the large diameter wheel type or be mounted on carts to provide mobility and ease of handling. D. Purchaser shall provide one variable capacity water bucket with maximum capacity commensurate with the maximum lifting capabilities of the aircraft. The bucket gate open/close switch(es) shall be spring loaded to the "OFF" position and mounted on the collective pitch lever. The switch shall be of a different design and shall be mounted in such a way as to not easily be confused with the RPM control switch. The weight of the bucket and capacity at each adjustment level shall be marked on the bucket. The bucket shall be located at the landing to which the helicopter is yarding logs and be ready for immediate use with a maximum hooking and getaway time of five minutes. An alternate location may be designated by Forest Service when specific Sale Area conditions indicate the need. Purchaser shall develop or provide a water source from which the required bucket can be hover -filled at least three times without resupply. If a natural water source is used, it must be within five minutes, round trip, by helicopter from the Sale Area. If an artificial source is provided, it shall be located on the Sale Area at the same location as the bucket, unless otherwise agreed in writing. At least once a month, the water bucket will be checked by making at least one hookup and drop to assure that it is in operating condition. June 20, 2017 - Page 48 of 503 Sale Name: Vail intermountain CT8.212 - MARKET -RELATED CONTRACT TERM ADDITION (I1/2008) Page 161 The term of this contract may be adjusted when a drastic reduction in wood product prices has occurred in accordance with 36 CFR 223.52. The Producer Price Index used to determine when a drastic reduction in price has occurred is stated in AT17. Purchaser will be notified whenever the Chief determines that a drastic reduction in wood product prices has occurred. If the drastic reduction criteria specified in 36 CFR 223.52 are met for 2 consecutive calendar quarters, after contract award date, Contracting Officer will add 1 year to the contract term, upon Purchaser's written request. For each additional consecutive quarter such a drastic reduction occurs, Contracting Officer will, upon written request, add an additional 3 months to the term during Normal Operating Season, except that no single 3 -month addition shall extend the term of the contract by more than one year. Contracting Officer must receive Purchaser's written request for a market -related contract term addition before the expiration of this contract. No more than 3 years shall be added to a contract's term by market -related contract term addition unless the following conditions are met: (i) The sale was awarded after December 31, 2006; and (ii) A drastic reduction in wood product prices occurred in at least ten of twelve consecutive quarters during the contract term, but not including the quarter in which the contract was awarded. For each qualifying quarter meeting the criteria in paragraphs (i) and (ii) of this provision, the Forest Service will, upon the Purchaser's written request, add an additional 3 months during the normal operating season to the contract, except no single 3 -month addition shall extend the term of a contract by more than 1 year. In no event shall a revised contract term exceed 10 years as a result of market -related contract term addition. Additional contract time may not be granted for those portions of the contract that have a required completion date or for those portions of the contract where Contracting Officer determines that the timber is in need of urgent removal or that timber deterioration or resource damage may result from delay. June 20, 2017 - Page 49 of 503 Page 162 Sale Name: hail Intermountain CT8.66# (Option 1) - USE OF TIMBER (04/2004) (a) This contract is subject to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 USC 620, et seq.). (b) Except for NONE determined pursuant to public hearing to be surplus, unprocessed Included Timber shall not be exported from the United states nor used in direct or indirect substitution for unprocessed timber exported from private lands by Purchaser or any person as defined in the Act (16 USC 620e). (c) Timber in the following form will be considered unprocessed: (i) Trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use; (ii) Lumber, construction timbers, or cants intended for remanufacturing not meeting standards defined in the Act (16 USC 620e); and (iii) Aspen or other pulpwood bolts exceeding 100 inches in length. (d) Unless otherwise agreed in writing, unprocessed Included Timber shall be delivered to a domestic processing facility and shall not be mixed with logs intended for export. (e) Prior to award, during the life of this contract, and for a period of 3 years from Termination Date, Purchaser shall furnish to Forest Service, upon request, records showing the volume and geographic origin of unprocessed timber from private lands exported or sold for export by Purchaser or affiliates. (f) Prior to delivering unprocessed Included Timber to another party, Purchaser shall require each buyer, exchangee, or recipient to execute an acceptable agreement that will: (i) Identify the Federal origin of the timber; (ii) Specify domestic processing for the timber involved; (iii) Require the execution of such agreements between the parties to any subsequent transactions involving the timber; (iv) Require that all hammer brands and/or yellow paint must remain on logs until they are either legally exported or domestically processed, whichever is applicable; and (v) Otherwise comply with the requirements of the Act 116 USC 620d). (g) No later than 10 days following the execution of any such agreement between Purchaser and another party, Purchaser shall furnish to Forest Service a copy of each such agreement. Purchaser shall retain, for 3 years from Termination Date, the records of all sales, exchanges, or dispositions of all Included Timber. (h) Upon request, all records dealing with origin and disposition of Included Timber shall be made available to Contracting Officer. (i) For breach of this Subsection, Forest Service may terminate this contract and take such other action as may be provided by statute or regulation, including the imposition of penalties. when terminated by Forest Service under this Subsection, Forest Service will not be liable for any Claim submitted by Purchaser relating to the termination. June 20, 2017 - Page 50 of 503 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Intermountain Fuels Reduction Project- Helicopter Logging Contract Award ATTACHMENTS: Description Staff Memo Regarding Helicopter Logging Contract Award June 20, 2017 - Page 51 of 503 TOWN OF VAIL' Memorandum To: Vail Town Council From: Paul Cada, Wildland Program Administrator Date: June 14th, 2017 Subject: Intermountain Fuels Reduction Project Contract Award I. Background In the 2017 budget, Town Council approved $640,000 for the Implementation of the Helicopter Logging Portion of the Intermountain Fuels Reduction Project. The Intermountain Fuels Reduction Project is an ongoing partnership between the U.S. Forest Service and Town. The procurement of a specialized helicopter logging contractor to complete the scope of the Intermountain Fuels Reduction was solicited through a nationwide open RFP process. Bids were received from 4 qualified bidders. Timberline Helicopters was selected as the successful bidder. Lowest bid and best value were used to determine the successful bidder. The total bid for the helicopter logging portion of the project is $612,394.00. 11. Staff Recommendation Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, to procure helicopter logging services in an amount not to exceed $640,000.00 Sample motion: I move to approve on consent, authorization for the Town Manager to enter into an agreement, in a form approved by the Town Attorney, for the procurement of helicopter logging services in an amount not to exceed $640,000. June 20, 2017 - Page 52 of 503 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Stephens Park Off -leash Area Discussion PRESENTER(S): Gregg Barrie, Senior Landscape Architect ACTION REQUESTED OF COUNCIL: Provide staff with direction in regards to the dog waste issue based on the provided recommendations and input received from the public. BACKGROUND: Stephens Park is a neighborhood park that provides a designated off -leash area. Since the off -leash designation in 2004, there have been two consistent issues: 1) the loss of the turf area for neighborhood use and 2) excessive dog waste being left in the park. STAFF RECOMMENDATION: Staff recommends reviewing the ideas presented in the Memorandum in conjunction with input from the community and providing direction to staff towards improving education, signage and enforceable measures. Staff also recommends altering the existing designated off -leash area to include the Gore Creek access point at a later date. ATTACHMENTS: Description Memorandum June 20, 2017 - Page 53 of 503 TOWN OF VAIL' Memorandum To: Vail Town Council From: Department of Public Works Date: June 20, 2017 Subject: Stephens Park Off -leash Area I. INTRODUCTION At the June 6t" Town Council discussion regarding the off -leash area of Stephens Park, the Council directed staff to set up a public meeting to further discuss the issue of excessive dog waste with the neighborhood and park users. Public input to help solve the problem is encouraged as part of this public hearing. Since that meeting, several changes have been implemented at the park. And, after discussions with Eagle County Animal Control Services (ECACS), Town of Vail Police and other Town of Vail staff, recommendations and options are included in this memorandum. II. BACKGROUND Stephens Park is a neighborhood park that provides a designated off -leash area. Since the off -leash designation in 2004, there have been two consistent issues: 1) the loss of the turf area for neighborhood use and 2) excessive dog waste being left in the park. The neighborhood is generally supportive of the off -leash area, but in the process feel they have lost the turf area of their neighborhood park. That was not the intent of the off - leash area. In addition, the excessive dog waste is a health hazard, a maintenance issue and a water quality/environmental concern. Every few years, staff brings this discussion forward with park users and with the Council. Each time, the reaction is to tell users to "clean it up, or else..." For a short time following each discussion, the park is clean and then, by the next winter, all is forgotten and old habits return. The long-term solution to this issue is likely a year-round, consistent program that includes signage, personal contacts/reminders through ECACS and Town of Vail officers and, where appropriate, enforcement measures. Enforcement can be difficult since catching an owner in the act of not picking up after their dog would require almost constant surveillance. However, creating a program that provides education and creates enforceable measures may provide a long-term solution. Staff is recommending several solutions outlined below, in a coordinated effort with the neighborhood and other park users. June 20, 2017 - Page 54 of 503 III. RECOMMENDED SOLUTIONS A. What's been done since the June 6th meeting • Addition of two new dog bag dispensers around the turf area • Addition of one new trash can at the east end of the turf area • Eagle County Animal Control has increased their presence in the park and has made efforts to talk about the dog waste issue with park users B. What to work on immediately • Develop a program with ECACS, TOV officers, and town staff with input from the neighborhood and park users that includes: o Education regarding the nature of Stephens Park as a neighborhood park first, and an off -leash area second. (Signage and personal contacts) o Increased presence at the park throughout the year to include personal contacts with users. This can currently be performed under the existing contract with ECACS and potentially expanded, but with staff limitations. o Encourage park users to file complaints on the ECACS website regarding irresponsible park users • Additional signage... a) Delineate the limits of the off -leash area • Ask ECACS officers to enforce the on -leash areas of the park • Alter the off -leash area to include the Gore Creek access at the east end of the turf area (revise by ordinance) b) Add signage that notes the turf area as "Shared Space" c) Add signage to encourage users to "Grab a Bag" • Town staff is currently working on a town -wide dog waste education campaign. Tie these efforts into Stephens Park • Have Google remove the listing for both Stephens and Bighorn parks as "Dog Parks" C. Possible future programs If the above measures fail to work, the following are ideas that could be implemented at the Council's direction. • Required registration - Each dog that uses Stephens Park could require registration. This could be enforced easily. And, it could cut down on random use. • DNA testing - With registration, could be a DNA requirement. This is successfully used in other areas at a cost of less than $100 per dog. • Add a fenced area to a portion of the park as the only off -leash area • Cameras could be added at an initial cost of approximately $15,000. The difficult part of this is having someone review footage and being able to tie that footage to a specific owner/animal. • Temporary or permanent suspension of the designated off -leash area Town of Vail Page 2 June 20, 2017 - Page 55 of 503 IV. ACTION REQUESTED BY COUNCIL Provide staff with direction in regards to the dog waste issue based on the provided recommendations and input received from the public V. STAFF RECOMMENDATION The effort to clean up the park will require support from town staff, ECACS, the Vail PD, Town Council, neighbors and park users. Developing a consistent message and backing it with enforcement is likely the best option for ensuring the park can be enjoyed by everyone. Staff recommends reviewing the ideas listed above in conjunction with input from the community and providing direction to staff towards improving education, signage and enforceable measures. Staff also recommends altering the existing designated off -leash area to include the Gore Creek access point at a later date. Attachments: • Ordinance 4, Series 2004 Town of Vail Page 3 June 20, 2017 - Page 56 of 503 • ORDINANCE NO. 4 SERIES 2004 AN ORDINANCE AMENDING TITLE SIX OF THE VAIL TOWN CODE; EXEMPTING AREAS OF STEPHENS PARK FROM TOWN OF VAIL REQUIREMENTS REGARDING PET ANIMAL OWNERS' IMMEDIATE AND PHYSICAL CONTROL OF DOGS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Stephens Park is located within the Town and, when visiting the park, Pet Animal Owners are currently subject to the requirements as set forth in Section 6-4-6 of the Vail Town Code regarding the Immediate and Physical control of dogs; and WHEREAS, it is the Council's desire to exempt certain areas of Stephens Park from Town requirements regarding Immediate and Physical control of dogs. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, • COLORADO THAT: Section 1. The purpose of this Ordinance is to exempt certain areas of Stephens Park from current Town of Vail Town Code requirements that Pet Animal Owners' exercise either Immediate or Physical control of dogs at all times. Section 2. Section 6-4-6 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline) 6-4-6: FAILURE TO CONTROL ANIMAL: It shall be unlawful and considered a failure to control an animal when: A. Any dog is off the premises of the owner without the presence of a responsible person having physical control of the dog on any bike path or public park located within the Town or on any area located within the Town and described in Exhibit A attached to Ordinance 5 Series of 1995, made a part of this Section by reference, and which can be found on file in the office of the Town Clerk. B. 1. Any dog is off the premises of the owner in all areas of the Town, other than as specified in subsection A above, without the presence of a person having immediate control of the dog, and Ordinance 4, Series of 2004 1 June 20, 2017 - Page 57 of 503 2. It is an affirmative defense to a violation under this subsection that the responsible person accompanying and having immediate control of the dog was actively engaged in training of the dog which caused the distance between the responsible person and the dog to be greater than ten feet (10'). C. Any dog is on or within one hundred feet (100') of any athletic field or golf course within the Town while any athletic event or activity is in progress, except that a dog may be within one hundred feet (100') of an athletic field or golf course while any athletic event or activity is in progress if the dog is on a public road or right of way. D. Any animal is allowed to become a danger to any person or property. E. Any animal trespasses on, or is tethered upon, any public property where expressly prohibited or private property without the permission of a person owning, leasing, or otherwise controlling the property in question. F. Any dog reaches past the perimeter of the owner's premises with its teeth or claws. G. Any animal is allowed to excrete body waste upon public or private property when the animal owner or other responsible person does not remove the waste in a timely manner. H. Any female dog or cat is not confined during estrus in a house, building, or secure enclosure constructed so that the female dog or cat cannot escape, and no male dog or cat may gain access to the enclosed animal. I. A dog is not under physical control while in the yard of any multiple occupancy building occupied by other persons; or in the common areas of apartments, or condominium developments. J. Any animal is not under physical control in areas posted as requiring any animal to be on a leash/tether by any agency of the Federal government, the State, or the Town. K. Any animal is kept or left in circumstances which constitute neglect, mistreatment, or abandonment, if the keeping or leaving is due to criminal negligence on the part of the animal owner. L. Protective custody of any animal is reasonably necessary. M. Exception: Notwithstanding the provisions set forth in Sections 6-4-6(A) and (B) above, any dog in Bighorn Park and/or Stephens Park, except for those considered as Vicious, Dangerous or Potentially Dangerous, need not be under either Physical Control or Immediate Control of the Pet Animal Owner if said dog is occupying any area described in Exhibit A attached to Ordinance 1, Series 2003 or Exhibit A attached to Ordinance 4, Series of 2004, made a part of this Section by reference, and which can be found on file in the office of the Town Clerk. Nothing in the Section shall exempt a pet animal owner from the provisions of Sections 6 -4 -6(C) -(L) of this Title or from exercising Control over his or her dog, as defined in this Chapter 4, at all times. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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, Ordinance 4, Series of 2004 2 June 20, 2017 - Page 58 of 503 section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously amended or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. Section 7. This ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 8. passage. This ordinance shall be in full force and effect five days after publication following final INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of March, 2004 and a public hearing shall be held on this Ordinance on the 16th day of March, 2004, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: l_4) tik Celei onaldso , Town Clerk Ordinance 4, Series of 2004 ti Richard Cleve!: nor Pro -Tem 3 June 20, 2017 - Page 59 of 503 • • INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED in full this 16thday of March, 2004. t I o - (14_ Rodney E. S ifer,Ma or L relei n aldson, Town Clerk Ordinance 4, Series of 2004 4 June 20, 2017 - Page 60 of 503 s Exhibit A Ordinance No. 4, Series 2004 Stephens Park March 2, 2004 — • Foot Path 0 Stephens Park Boundary o Indicates areas Not Exempted from requirements regarding a Pet Animal Owner's Immediate and/or Physical Control of dogs as set out in Ordinance No. 4, Series 2004 Indicates areas Exempted from requirements regarding a Pet Animal Owner's Immediate and/or Physical Control of dogs as set out in Ordinance No. 4, Series 2004 100 0 100 Feet June 20, 2017 - Page 61 of 503 (1" = 150') / VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Chamonix Vail Neighborhood Project Update (verbal report) PRESENTER(S): George Ruther, Director of Community Development TOWN Of9 June 20, 2017 - Page 62 of 503 TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 4, Series of 2017, First Reading, An ordinance for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee PRESENTER(S): Tom Kassmel, Town Engineer ACTION REQUESTED OF COUNCIL: Approve, amend or deny on Ordinance No. 4 Series 2017 on first reading. BACKGROUND: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an updated transportation impact fee. The impact fee is proposed to codify the current traffic mitigation fee to help fund future transportation related projects identified in the Vail Transportation Master Plan. The proposed fee will be applied in all zone districts, and will require developers to pay their proportional share for the necessary transportation infrastructure improvements that are directly related to the impacts created by the new development. STAFF RECOMMENDATION: Approve Ordinance No. 4 Series 2017 on first reading. ATTACHMENTS: Description Memo Ord. No. 4 Attachment A - Ordinance Attachment B - 2009 VTMP Excerpt Attachment C - Traffic Mitigation Fees Assessed Attachment D - June 6, 2017 Council Memo & Attachments June 20, 2017 - Page 63 of 503 TOWN OFD } Memorandum To: Vail Town Council From: Community Development Department Date: June 20, 2017 Subject: First reading of Ordinance No. 4, Series of 2017, an ordinance for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee. (PEC17-0008) I. SUMMARY The applicant, the Town of Vail, represented by Tom Kassmel, Town Engineer, is requesting a prescribed regulations amendment to Title 12 of the Vail Town Code to add a new Chapter 26, Transportation Impact Fee, pursuant to Section 12-3-7 Amendment, Vail Town Code, and setting forth details in regard thereto. The proposed transportation impact fee would apply to new developments, including creation of any new residential dwelling units, or any new commercial floor area. The fee does not apply to residential remodels where no additional units are added, or to commercial remodels that do not increase square footage. This new fee would be paid by the owner or developer, and would be collected by the Community Development Department at the time of issuance of a building permit. Revenues from this fee would be used by the Town of Vail for new transportation related infrastructure projects that are necessary due to the increased traffic from the incremental new development. For additional background and information a copy of the June 6, 2017 Council Memo is attached as Attachment D to this memo. II. DISCUSSION At the February 21, 2017 Council meeting, Council directed staff to proceed forward with the public process for the adoption of the Vail Transportation Impact Fee, based on the fee schedule directed by Council during that Council Worksession (See Attachment D of June 6, 2017 Memo). At the June 6, 2017 meeting, Council reconsidered the fee schedule and requested that staff provide a revised schedule that would subsidize the following uses; • Employee Housing (as considered previously) • Accommodation Units • Commercial Uses • Equalize the core area fees with the outside core area fees. June 20, 2017 - Page 64 of 503 PEC & Staff Recommended Fee Schedule & Projected Revenue Development Type Additional Development Units Fee Per Development Unit Projected Revenue Percent of Impact Fee MF -C Dwelling, Two Family or Multiple Family (In the Core Area) 705 $ 5,960.00 $ 4,201,800.00 20% MF Dwelling, Two Family or Multiple Family (Outside the Core Area) 554 $ 7,450.00 $ 4,127,300.00 20% SF Dwelling, Single Family 120 $ 9,686.00 $ 1,162,320.00 6% EHU-C Employee Housing Unit (In the Core Area) 41 $ 5,960.00 $ 244,360.00 1% EHU Employee Housing Unit (Outside the Core Area) 310 $ 7,450.00 $ 2,309,500.00 11% AU -C Accommodation Unit (In Core Area) 270 $ 5,960.00 $ 1,609,200.00 8% AU Accommodation Unit (Outside Core Area) 102 $ 7,450.00 $ 759,900.00 4% RR Restaurant & Retail Establishments 320000 $ 13.90 $ 4,448,000.00 21% HC Facilities Health Care 140000 $ 9.93 $ 1,390,200.00 7% 00 Office & Other Services 88000 $ 6.20 $ 545,600.00 3% $ 20, 798,180.00 100% Revised Fee Schedule & Projected Revenue —June 6th, 2017 Council Input Development Type Additional Development Units Fee Per Development Unit Projected Revenue Percent of Impact Fee Dwelling, Two Family or Multiple Family (In the Core Area) 705 $ 5,960.00 $ 4,201,800.00 20% Dwelling, Two Family or Multiple Family (Outside the Core Area) 554 $ 5,960.00 $ 3,301,840.00 16% Dwelling, Single Family 120 $ 9,686.00 $ 1,162,320.00 6% Employee Housing Unit (In the Core Area) 41 $ - $ - 0% Employee Housing Unit (Outside the Core Area) 310 $ - $ - 0% Accommodation Unit (In Core Area) 270 $ - $ - 0% Accommodation Unit (Outside Core Area) 102 $ - $ - 0% Restaurant & Retail Establishments 320000 $ - $ - 0% Facilities Health Care 140000 $ - $ - 0% Office & Other Services 88000 $ - $ - 0% $ 8,665,960.00 42% The net effects of revising the fee schedule are: • a reduction in projected revenue from $21 Million to $8.7 Million, • an increase in the Town Vail's taxpayer responsibility by $12.3 Million, • reimbursement of $624,000 to the Vail Valley Medical Center (VVMC) per the existing VVMC Developer Agreement (DA). However, if Facility Health Care is not selected to be subsidized, then no reimbursement is required and VVMC will likely pay an additional $500,000±. The above considered revisions are based on the opinion that Accommodation Units and Commercial fees will be too high, which will dis-incentivize these types of development, which are important to the local economy. It should be noted that rates for both Accommodation Units and most Commercial uses have already been significantly reduced, as a direct result of being based on the 2009 Vail Transportation Master Plan, which already includes multi -use rate reductions for high density Town of Vail Page 2 June 20, 2017 - Page 65 of 503 commercial. See excerpts within Attachment B. The specific reductions already included are; o 20% reduction for Multiple Family residential in Core Area o 20% reduction for Accommodation Units in Core Area o 65% reduction for Restaurant & Retail The above revised schedule will also target the impact fee on residential uses, not on the larger traffic generating commercial uses. This is reversal of the past 17 years of mitigation fee negotiations which has focused on Accommodation Units, Commercial, and Multiple Family developments. Past mitigation fees were negotiated with developers based on current zone district code language of Public Accommodation 1 & 2, Lionshead Mixed Use 1 & 2, and Special Development Districts, which require mitigation of pedestrian and vehicular impacts. This mitigation language was added to these zone districts during the Lionshead Master Plan process when these zone districts were significantly up - zoned to incentivize development. A summary of past assessed developments, since 1999, is provided in Attachment C. With regard to the recommendation of equalizing the Core area and outside Core area Multiple Family units, staff suggests the recommended Core area reduction remains. The Council's suggestion was generated out of the concern that there will be future full time residents within future multiple family units in the Core area that will generate a few more vehicular trips per day than is justified by the 20% reduction. If we conservatively estimate that 10% of future Multiple Family units within the Core are owned by full time residents, then we would capture an additional $1490 on 70 units or —$104,000 over 25 years. However by equalizing the outside Core area units down to the Core area, we will lose $1490 on 554 units or —$825,000 over 25 years. Also, if we did not equalize the outside Core down to Core area fees, then we would have to identify, document, and manage those —70 units within the Core that may have full time Residents. This would require a certification that a unit was owned by a full time resident, and then require that resident to pay an additional $1490. This would be extremely difficult to implement. On a side note, future single family residences within the core area are not provided this 20% Core area reduction, which may more likely have a higher percentage of full time residents. If Council chooses not to codify an impact fee and to continue to rely on Developer Agreements within the above noted zone districts and any future up -zoned districts, then; o at the 2005 rate of $6500 per net PM peak hour trip, revenue would be projected at $11,713,000 o at an equivalent 2017 rate of $11,200-$13,000, revenue would be projected at $20,182,000 to $23,426,000. III. NEXT STEPS The request of Council is to adopt on first reading Ordinance No. 4, Series 2017, with second reading on July 11th. Once adopted, the actual fee schedule would be adopted Town of Vail Page 3 June 20, 2017 - Page 66 of 503 by Resolution. Therefore the fee schedule will not get adopted until July 11, 2017 at the earliest. IV. ACTION REQUESTED OF THE TOWN COUNCIL The Planning and Environmental Commission recommends adopting Ordinance No. 4, Series 2017 upon first reading. Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2017, upon first reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 4 Series of 2017, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Vail Town Code through the addition of a new Chapter 26, Transportation Impact Fee, and setting forth details in regard thereto, with the following change to Section 12-26-4 C of the proposed code language, which shall read as follows: "C. Credit shall be provided for any construction of Town - approved System Level transportation infrastructure or facilities as identified in the Vail Transportation Impact Fee Study, undertaken by the applicant at the applicant's cost that offset the transportation impacts of the project." Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2017 on first reading, the Planning and Environmental Commission recommends the Council makes the following findings: "Based upon the review of the criteria outlined in Section V of the Staff memorandum to the Planning and Environmental Commission dated May 8, 2017 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations 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 Town of Vail Page 4 June 20, 2017 - Page 67 of 503 natural environment and its established character as a resort and residential community of the highest quality." V. ATTACHMENTS Attachment A — Ordinance No. 4, Series 2017 Attachment B — Vail Transportation Master Plan Excerpts Attachment C — Traffic Mitigation Fee - Assessed Development Table 1999-2017 Attachment D — June 6, 2017 Council Memo & Attachments Town of Vail Page 5 June 20, 2017 - Page 68 of 503 ORDINANCE NO. 4 SERIES 2017 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 26, ENTITLED "TRANSPORTATION IMPACT FEES" WHEREAS, to ensure the provision of adequate public transportation services and facilities in the Town, the Town Council wishes to condition certain land use approvals on payment of a transportation impact fee; WHEREAS, it is widely recognized that municipalities may impose exactions (impact fees) on the granting of land use approvals, provided that there is an essential nexus between the exaction and a legitimate local government interest, and provided that the exaction is roughly proportional, both in nature and extent, to the impact of the proposed use or development, pursuant to Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987), Dolan v. City of Tigard, 512 U.S. 374 (1994); C.R.S. § 29-20-203 and related case law; WHEREAS, the Town has conducted and adopted a study to provide the basis for the imposition of the transportation impact fee and to determine the appropriate amount of the transportation impact fee, which study was prepared by TischlerBise on March 10, 2017; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting regulations delineating the Town's procedure for imposing a transportation impact fee. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 26, which shall read as follows: CHAPTER 26 TRANSPORTATION IMPACT FEES 12-26-1: FINDINGS AND PURPOSE: A. Findings. The Town Council finds and determines as follows: 1. A legitimate, identifiable public purpose is served by requiring a transportation impact fee for new development and redevelopment projects in the Town; 2. There is an essential nexus between the transportation impact fee imposed in this Chapter and the Town's interest in providing transportation infrastructure, facilities and services; 1 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEESI2016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX June 20, 2017 - Page 69 of 503 3. The Town is acting within its power to provide transportation infrastructure, facilities and services; 4. But for new development and redevelopment projects, the Town would not be considering either the provision or expansion of transportation infrastructure, services or facilities; 5. New development and redevelopment projects are contributing causes to the need for new or expanded transportation infrastructure, facilities and services; 6. The Town would be legally justified in denying applications for new development or redevelopment projects unless the transportation impact fee is imposed, because of the burden the new development or redevelopment projects would place on the Town's transportation infrastructure, facilities and services; and 7. The Town has conducted a study to determine the amount of the transportation impact fee, and the study demonstrates that the transportation impact fee will be roughly proportional, both in nature and extent, to the impacts of new development and redevelopment projects. B. Purpose. The purpose of this Chapter is to impose a transportation impact fee on new development and redevelopment projects in the Town, as set forth herein. 12-26-2: APPLICABILITY: A. The transportation impact fee shall be imposed on the following construction, development or redevelopment in the Town: 1. For commercial development (except accommodation units), on any net new square footage to be constructed. 2. For residential development, on each new residential unit to be constructed. 3. For accommodation units, on each new accommodation unit to be constructed. B. The transportation impact fee shall not be imposed on the construction, development or redevelopment of any Employee Housing Unit. 12-26-3: FEE: The transportation impact fee shall be in the amount set by resolution of the Town Council. The fee shall be imposed by the Community 2 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX June 20, 2017 - Page 70 of 503 Development Department, Design Review Board, Planning and Environmental Commission or Town Council, as part of the last land use approval for the project. The fee shall be payable prior to issuance of the building permit for the project. 12-26-4: CREDIT: A. An applicant may apply for a credit as set forth in this Section, which credit shall be applied to offset the transportation impact fee that would otherwise be imposed for the project. B. Credit shall be provided for any dedication or conveyance of land from the applicant to the Town. The amount of the credit shall be the present, fair market value of the land being dedicated or conveyed, as determined by the Town in its reasonable discretion. C. Credit shall be provided for any construction of Town -approved transportation infrastructure or facilities undertaken by the applicant at the applicant's cost that offset the transportation impacts of the project. The transportation infrastructure or facilities may be constructed as part of the project, or in other areas of the Town, as determined by the Town and the applicant. The value of the credit shall be determined by the Town, in its reasonable discretion, considering the total cost of construction and other relevant factors. D. Credit shall be provided for any transportation services provided by the applicant at the applicant's cost, that offset the transportation impacts of the project, as approved by the Town. The value of the credit shall be determined by the Town, in its reasonable discretion, considering actual costs to provide the services and other relevant factors. 12-26-5: REVIEW: A. An applicant aggrieved by the application of this Chapter by the Community Development Department, the Planning and Environmental Commission or Design Review Board may apply for review by the Town Council, by filing a written request for review within 10 days of the decision at issue. B. Within 30 days of receipt of the written request, the Town Council shall hold a public hearing. At such hearing, the burden of proof shall be on the applicant to establish that the imposition of the transportation impact fee as assessed would result in an unconstitutional taking of private property without just compensation. C. If the Town Council determines that the application of this Chapter would result in an unconstitutional taking of private property without just 3 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX June 20, 2017 - Page 71 of 503 compensation, the Town Council may decrease the transportation impact fee (or increase any credit) to ensure that there is no unconstitutional taking. The decision of the Town Council shall be final, subject only to judicial review pursuant to C.R.C.P. 106(a)(4). D. An applicant aggrieved by the application of this Chapter by the Town Council may seek judicial review pursuant to C.R.C.P. 106(a)(4). Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 4 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX June 20, 2017 - Page 72 of 503 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2017 and a public hearing for second reading of this Ordinance set for the day of 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 5 Dave Chapin, Mayor 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX June 20, 2017 - Page 73 of 503 Vail Transportation Master Plan Update IV. PROJECTED 2025 PM PEAK HOUR TRAFFIC CONDITIONS A. Traffic Volume Forecasts Projected traffic demands along the Frontage Road system are key to assessing and mitigating future transportation conditions. As mentioned, the PM peak hour traffic is generally heavier than the AM peak hour, with a few pattern exceptions. As such, year 2025 traffic forecasts have focused on the PM peak hour time period for analysis, with exceptions being the Main Vail and West Vail Roundabout Interchanges where cursory -level AM peak hour forecasts were developed as well. The total PM peak hour forecasts were developed with the use of a travel demand model utilizing the TRAFFIX software package. The model was developed by estimating the amount of additional PM peak hour trips for each development and redevelopment proposal, and then assigning these new trips to the street system. Forecasts then resulted from the additive nature of the new trips in combination with the existing traffic which was increased modestly (0.5% per year) to year 2025. The AM peak hour traffic was developed by applying an approximate 35 percent flat growth factor to the existing AM peak hour; the 35 percent was based on the level of growth resulting from the 2025 PM peak hour projections (as compared to existing traffic levels). Table 3 shows the trip generation rates that were used, and Figure 5 shows the trip distribution assumptions that were used in this analysis. Trip rates were based on a combination of sources including the Institute of Transportation Engineers' (ITE) Trip Generation and the Lionshead Transportation Master Plan. ITE trips rates were primarily applied to development located away from the Vail base areas. Because of the heavy transit use and the fact that much of the development is mixed and close -in (lending itself to trips made via walking), the trip generation rates used in this study are less than the ITE rates because the ITE data are intended for more typical suburban settings where commuter activity is prominent. At peak times in Vail, tourist activity is prominent. The close -in trip generation rates used in this analysis are in line with ITE's Recreational/Home category. Areas where the close -in residential trip rates were applied are shown in Figure 6. A 20 percent reduction in trip generation rates was applied for the close -in areas. The increased retail uses within the villages were also subject to reduced trip generation rates as compared to ITE's shopping center category data. A PM peak hour trip reduction of 65 percent was applied due to the following reasons: ► The retail and commercial activity, being located at the base of the ski area, is heavily dependent upon people who are already in the village for skiing purposes. ► There are many units located close to the new retail uses which tends to induce walking trips rather than vehicular trips. ► Many of the employees of the retail uses are typically discouraged to drive themselves to work, in part due to the parking fee at the structures. ► Provision of free transit service by the Town of Vail. .FELSBURG Cd HOLT & ULLEVIG June 20P, 215I 3 Page 74 of 503 Vail Transportation Master Plan Update A cursory -level evaluation of existing retail trips was conducted by reviewing the level of traffic turning into the structures today. During the PM peak hour, the outbound traffic contains a significant amount of skier trips, so it is not appropriate to include these outbound traffic with respect to gauging trip generation rates. Inbound PM peak hour traffic contains trips associated with retail and some other uses, so while it is not 100 percent retail traffic, it does serve as an upper limit. At the Lionshead Parking Structure,150 inbound PM peak hour trips exist current; the Lionshead Village contains approximately 150,000 square feet of retail -related use. At the Village Structure, 310 vehicles entered during the PM peak hour; that village contains approximately 300,000 square feet of retail/commercial. These traffic numbers represent a 45 to 50 percent reduction in ITE shopping center trip rates if they were all retail -related, but they are not. Other trip types that are part of the inbound movements to the structures include: ► Library trips (which is open until 6:00 PM on weekends, later on weekdays) ► Dobson Ice Arena trips (which typically has a full schedule including hockey events, figure skating, lessons, and public skating) ► Adventure Center trips. The Adventure Center provides other recreation including tubing, ski biking, snowmobiling, snowshoeing, and a trampoline, and it is remains open until 9:00 PM on weekend nights. ► Residential uses. Several residential complexes within the villages are not able to adequately park their own overnight guests, so the parking structures are used instead. At Lionshead, staff estimates that approximately 100 vehicles are parked overnight at peak times related to selected residential uses. At the Village Structure, between 200 and 300 vehicles are parked overnight related to some of the residential uses there. ► Special events. Both villages routinely host evening events such as concerts, festivals, exhibits, and other attractions. All of these attract trips beyond the retail/commercial attraction. As such, the true retail trip rate is even Tess that the 45 to 50 reduction quoted above. As such, using rates that equate to a 65 to 70 percent reduction for the new retail development is not inconsistent with current trip - making trends in Vail. However, using these reductions in traffic impact studies for an individual development should be used with caution and only be done in coordination with Town staff and CDOT. Again, Appendix E shows the trip estimates for each of the development areas. In total, all of the considered development could generate an additional 2,800 trips per hour during the PM peak hour. The following summarize some of the bigger trip generators (4,350 trips per hour if "pure" ITE trip generation rates were used). ► West Vail — the net increase in square footage and residential units could generate a total of 470 additional trips during the PM peak hour. This would be above and beyond the estimated 800 to 1000 trips per hour generated by the West Vail development today. ► Timber Ridge is estimated to generate an additional 180 trips per hour during the PM peak hour. ► West Lionshead (Ever Vail) has the potential of generating an additional 580 trips per hour during the PM peak hour. .FELSBURG Cd HOLT & ULLEVIG June 20P25 72 Page 75 of 503 Vail Transportation Master Plan Update ► Lionshead Parking Structure redevelopment is estimated to generate 275 trips during the PM peak hour. ► The Lionshead Village area (excluding the Lionshead parking structure) is projected to generate an additional 490 PM peak hour trips given the collective development. The Vail Village area redevelopment is projected to generate an additional 260 PM peak hour trips given the collective development potentials. Table 3. Trip Generation Rates Use Trip Generation Rates (per DU for Res, per 1000 SF otherwise) ITE Vail -Remote Vail -Close In Daily PM Peak Daily PM Peak Daily PM Peak Residential — New 5.86 0.54 5 0.5 4 0.4 Residential — Replace NA NA 0.75 0.08 0.6 0.06 Commercial - Office 11.01 1.49 11 1.49 11 1.49 Commercial — Retail 42.94 3.75 42.94 3.75 15 1.3 Hospital 17.6 1.18 17.6 1.1 NA NA Figure 7 shows the 2025 total PM peak hour traffic projections at the Town's roundabout intersections and many of the Frontage Road cross -streets. In general, future PM peak hour traffic flows along busiest segments of the frontage roads are projected to increase an estimated 40 to 50 percent over existing traffic flow levels at peak times. Some segments will experience as much as a 60 to 70 percent increase. The interchanges will experience a greater concentration in traffic with the additional trips. Major cross -streets will still include Vail Valley Drive, both parking structure access points, and West Vail accesses (if access modifications are not constructed). Moderately traveled cross -streets include all of the Lionshead Circles, Village Drive, and Forest Road (given Ever Vail redevelopment and if left intact). B. Traffic Operations Similar to the existing conditions LOS analysis, the roundabout intersections were analyzed for ideal conditions as well as for snow conditions using the same factors and adjustments mentioned before. Figure 8 shows the results of the PM peak hour analyses. Noticeable capacity deficiency highlights include: ► Main Vail Interchange - The north roundabout is projected to operate at a LOS F during the PM peak hour. The south roundabout is projected to function at LOS D, but several approaches are expected to operate at LOS E or LOS F. ► West Vail Interchange - Both roundabouts are projected to operate at LOS F during the PM peak hour. .FELSBURG Cd HOLT & ULLEVIG June 20PMP Page 76 of 503 TRAFFIC MITIGATION FEE - Assessed Development 1999-2017 Project DIA Impact Fee Acres Net DU Net FF/TS Net EHU Net AU Net Comm sq ft Net Off Antlers at Vail $ 72,000.00 1.19 24 0 7 0 0 0 Arrabelle $ 305,000.00 4.67 67 0 -90 85 11044 -18000 Forest Place $ 10,000.00 2.59 4 0 0 0 0 0 Gore Creek TH $ - 2.45 16 0 0 0 0 0 Manor Vail $ 100,000.00 5.44 15 0 1 20 0 0 Sonnenalp Resort$ 120 000.00 1.96 0 0 3 33 6600 0 One Willow Bridge 0.83 8 12 0 -59 1654 0 Tivoli $ 55,000.00 0.41 0 0 1 12 0 0 Vail Plaza Hotel and Club $ 485,000.00 1.81 0 50 18 27 24722 0 Rucksack $ 32,500.00 Vail's Front Door $ 495,000.00 6.00 13 0 2 -1 18590 1575 Westhaven Condos 0.84 13 0 2 0 0 0 Willows $ - 0.49 9 -19 4 5 0 0 Four Seasons $ 200,000.00 2.76 16 19 14 3 25409 0 Landmark $ 45,500.00 1.50 18 0 1 0 0 0 Lions Square Lodge North $ 45,500.00 0.95 9 0 0 0 650 0 Ritz Carlton $ 280,000.00 2.40 71 45 2 0 3597 0 Solaris/Crossroads $ 19,500.00 2.60 55 0 6 0 25550 -14764 Ramshorn $ 19,500.00 0.77 2 0 0 3 0 0 Strata $ 273,000.00 1.56 62 16 6 -73 4557 0 North Day Lot $ - 1.24 0 0 32 0 0 0 Lions Ridge Apartments $ 170,000.00 0 0 0 0 0 0 0 0 110000 0 0 VVMC* $ 624,000.00 TOTALS $ 3,351,500.00 402 123 9 55 232373 -31189 Actual Fee Collected $ 1,361,500.00 Remainder was offset by project improvements *VVMC - Total amount is subject to change based on Final Phase 11 approval and whether or not TOV codifies an Impact Fee (per Developer Agreement) June 20, 2017 - Page 77 of 503 TOWN OF VAlL Memorandum To: Vail Town Council From: Community Development Department Date: June 6, 2017 Subject: First reading of Ordinance No. 4, Series of 2017, an ordinance for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee. (PEC17-0008) I. SUMMARY The applicant, the Town of Vail, represented by Tom Kassmel, Town Engineer, is requesting a prescribed regulations amendment to Title 12 of the Vail Town Code to add a new Chapter 26, Transportation Impact Fee, pursuant to Section 12-3-7 Amendment, Vail Town Code, and setting forth details in regard thereto. The proposed transportation impact fee would apply to new developments, including creation of any new residential dwelling units, or any new commercial floor area. The fee does not apply to residential remodels where no additional units are added, or to commercial remodels that do not increase square footage. This new fee would be paid by the owner or developer, and would be collected by the Community Development Department at the time of issuance of a building permit. Revenues from this fee would be used by the Town of Vail for new transportation related infrastructure projects that are necessary due to the increased traffic from the incremental new development. 11. BACKGROUND A transportation impact fee is a development fee assessed to offset costs that a jurisdiction will incur to improve transportation infrastructure as a result of increased traffic from new developments. The Town of Vail has collected transportation fees for certain development zone districts (including Public Accommodation, Public Accommodation -2, Lionshead Mixed Use -1, and Lionshead Mixed Use -2) since 1999. In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an updated transportation impact fee. The impact fee is proposed to codify the current traffic mitigation fee to help fund future transportation related projects identified in the Vail Transportation Master Plan. The proposed fee will be applied in all zone districts, and will require developers to pay their proportional share for the necessary transportation June 20, 2017 - Page 78 of 503 infrastructure improvements that are directly related to the impacts created by the new development. Over the past year there have been multiple public discussions regarding the codification of a transportation impact fee. These public discussions were as follows: January 2016: June 2016: Nov. 2016: January 2017: February 2017: March 2017: April 2017: May 2017: Town Council: Review of the current traffic mitigation fee and the previous effort to codify a traffic impact fee in 2009, and discussion of the next steps to reengage codification. Town Council: Discussion with consultant, TischlerBise, regarding: • What is a traffic impact fee? • Why implement a traffic impact fee? • What's wrong with our current mitigation fees? • Can the Town waive fees for certain types of developments? Town Council: Review and confirmation of the Transportation Master Plan capital project list and to what extent (percentage) a transportation impact fee can fund projects. Town Council: Presentation by TischlerBise of the draft schedule of transportation impact fees based on the completed Nexus Study. Town Council: Review and discussion of the impact fee and the capital projects list. Public Open House: Review and discuss the proposed transportation impact fee PEC: Review and discussion of the impact fee and the capital projects list. PEC: Review of an application for a prescribed regulations amendment to Title 12, the Transportation Impact Fee Study, and the proposed ordinance. The recommendation of the PEC to the Town Council was for approval of the transportation impact fee and ordinance as presented by staff (Vote 4-3). Much of the public comment and discussion with the Planning and Environmental Commission (PEC) surrounded the additional burden this fee would impose on new development, and how a broader based fee or tax (i.e. increase in sales tax) would be less burdensome on new development. Based on 2016 sales tax collections, a sales tax increase of 0.13% would be necessary to equal the revenue expected from the proposed transportation impact fee. However, a tax increase would require a vote of the Vail residents. A sales tax would also require payment across the community, not only by those creating the new developments. To better understand the cost of this fee on development, staff provided the PEC with an updated cost of development table, which outlines the actual costs of development in Vail from Town of Vail fees and taxes. Typically the cost of fees and taxes that developers pay to the Town of Vail is approximately 3-4% of the construction valuation, with the proposed transportation impact fee adding 0% to 0.9%, however more typically, it would add 0-0.4%. (See Attachment C.) Town of Vail Page 2 June 20, 2017 - Page 79 of 503 III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On May 8, 2017, the Planning and Environmental Commission voted 4-3 to recommend that the Vail Town Council approve Ordinance No. 4, Series of 2017, upon first reading. This recommendation was based upon the review of the criteria outlined in Section V of the May 8, 2017 memorandum to the PEC and the evidence and testimony presented. Please see the PEC Meeting Results included as Attachment E for additional detail on the PEC discussion. The Commissioners that voted against this recommendation did so for a variety of reasons. Two Commissioners (Perez and Stockmar) indicated that the ordinance was not ready for adoption. Commissioner Stockmar requested additional information on how communities with similar geography (long but narrow geographic boundaries) address this issue. Commissioner Perez questioned the separate rates for development inside and outside the commercial core areas. Commissioner Gillette felt that the proposed fee would be a burden on developers, and that a sales tax would be a fairer method of collecting fees. IV. TRANSPORTATION IMPACT FEE STUDY TischlerBise has provided an updated nexus study, The Vail Transportation Impact Fee Study (March 10, 2017), and an updated fee schedule for the Town's review. The fee schedule is based on anticipated future development, the current estimated cost of the capital projects to accommodate future development, and the proportional fiscal responsibility. Since completion of the nexus study, and its review by Town Council, Staff and PEC recommend that the Residential Single Family Dwelling fee be simplified to a per unit relationship, eliminating the square footage relationship. This will simplify implementation and will eliminate the fee for remodels and demo/rebuilds, unless an additional unit is constructed. The proposed draft fee schedule is below. The previous draft versions are included in Attachment D for comparison. Transportation Impact Fee Schedule Maximum Supportable Transportation Impact Fees Residential Dwellings (per Unit) Dwelling, Two Family or Multiple Family (In the Core Area) $ 5,960.00 Dwelling, Two Family or Multiple Family (Outside the Core Area) $ 7,450.00 Dwelling, Single Family $ 9,686.00 Employee Housing Unit $0 Accommodation Unit (per Unit) Accommodation Unit (In Core Area) $ 5,960.00 Accommodation Unit (Outside Core Area) $ 7,450.00 Commercial (per square foot of floor area) Restaurant & Retail Establishments $ 13.90 Facilities, Health Care $ 9.93 Office & Other Services $ 6.20 Town of Vail Page 3 June 20, 2017 - Page 80 of 503 For comparison, the following cities and counties have adopted impact fees shown within the table below. The jurisdiction most similar to Vail is Pitkin County, which last had its Road Impact Fee updated in 2013. Transportation Impact Fee Comparison Per Housing Unit Single Family Multifamily Per 1,000 Sq Ft Retail Office National Average (1) $3,228 $2,202 $5,685 $3,430 Durango (1) Ft. Collins 2016 Draft (2) Vail current* Incorporated Areas in Colorado $2,169 $1,298 $6,217 $4,095 $3,810 $2,823 $8,113 $5,977 $0 $2,366 $10,569 $9,685 Proposed in Core Area of Vail (2) Proposed Outside Core Area (2) not applicable $9,686 $5,960 $7,450 $13,900 $13,900 $6,200 $6,200 Counties in Colorado Eagle Co. (1) Jefferson Co. (1) Larimer Co. (2) Pitkin Co. (2) Weld Co. (2) $4,378 $3,034 $9,026 $5,164 $3,276 $2,725 $7,120 $4,790 $3,418 $8,812 $4,726 $9,339 $5,115 $10,910 $5,130 $2,377 $3,296 $2,174 Sources: (1) National Impact Fee Survey by Duncan Associations (2012). Single Family assumes 2,000 square feet. Nonresidential fees per thousand square feet assume a building with 100,000 square feet of floor area. (2) TischlerBise. Single Family in Vail and Pitkin County assumes 4,000 square feet. * Current fees in Vail are based on the net increase in PM Peak Hour vehicle trip ends generated by the entire development, with mitigation limited to certain areas and V. ORDINANCE In order to implement this Transportation Impact Fee, the Town Council will need to adopt the attached Ordinance 4, Series of 2017, Transportation Impact Fee, and then adopt the fee schedule by Resolution. Staff recommends approving Ordinance No. 4, Series 2017, as recommended by the Planning and Environmental Commission, with one clarification to section 12-26-4.0 (changes are shown in bold underline.): "C. Credit shall be provided for any construction of Town -approved System Level transportation infrastructure or facilities as identified in the Vail Transportation Impact Fee Study, undertaken by the applicant at the applicant's cost that offset the transportation impacts of the project." This clarification is important to ensure that a developer or applicant is not eligible for a credit for Project Level improvements (those improvements that are only needed due to an individual development project) or other infrastructure not identified in the Vail Transportation Impact Fee Study. Staff requests that any motion for approval of this Town of Vail Page 4 June 20, 2017 - Page 81 of 503 ordinance include a reference to this modified language in Section 12-26-4 C of the proposed ordinance. VI. ACTION REQUESTED OF THE TOWN COUNCIL The Planning and Environmental Commission recommends adopting Ordinance No. 4, Series 2017 upon first reading. Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2017, upon first reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 4 Series of 2017, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Vail Town Code through the addition of a new Chapter 26, Transportation Impact Fee, and setting forth details in regard thereto, with the following change to Section 12-26-4 C of the proposed code language, which shall read as follows: "C. Credit shall be provided for any construction of Town -approved System Level transportation infrastructure or facilities as identified in the Vail Transportation Impact Fee Study, undertaken by the applicant at the applicant's cost that offset the transportation impacts of the project." Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2017 on first reading, the Planning and Environmental Commission recommends the Council makes the following findings: "Based upon the review of the criteria outlined in Section V of the Staff memorandum to the Planning and Environmental Commission dated May 8, 2017 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations 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 Town of Vail Page 5 June 20, 2017 - Page 82 of 503 natural environment and its established character as a resort and residential community of the highest quality." VII. ATTACHMENTS Attachment A — Ordinance No. 4, Series 2017 Attachment B — Vail Transportation Impact Fee Study, March 10, 2017 Attachment C — Cost of Development Table Attachment D — Draft Fee Schedule Versions Attachment E — Planning and Environmental Commission Results of May 8, 2017 Attachment F — Planning and Environmental Commission Staff memo of May 8, 2017 Attachment G — Public Comments Town of Vail Page 6 June 20, 2017 - Page 83 of 503 ORDINANCE NO. 4 SERIES 2017 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 26, ENTITLED "TRANSPORTATION IMPACT FEES" WHEREAS, to ensure the provision of adequate public transportation services and facilities in the Town, the Town Council wishes to condition certain land use approvals on payment of a transportation impact fee; WHEREAS, it is widely recognized that municipalities may impose exactions (impact fees) on the granting of land use approvals, provided that there is an essential nexus between the exaction and a legitimate local government interest, and provided that the exaction is roughly proportional, both in nature and extent, to the impact of the proposed use or development, pursuant to Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987), Dolan v. City of Tigard, 512 U.S. 374 (1994); C.R.S. § 29-20-203 and related case law; WHEREAS, the Town has conducted and adopted a study to provide the basis for the imposition of the transportation impact fee and to determine the appropriate amount of the transportation impact fee, which study was prepared by TischlerBise on March 10, 2017; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting regulations delineating the Town's procedure for imposing a transportation impact fee. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 26, which shall read as follows: CHAPTER 26 TRANSPORTATION IMPACT FEES 12-26-1: FINDINGS AND PURPOSE: A. Findings. The Town Council finds and determines as follows: 1. A legitimate, identifiable public purpose is served by requiring a transportation impact fee for new development and redevelopment projects in the Town; 2. There is an essential nexus between the transportation impact fee imposed in this Chapter and the Town's interest in providing transportation infrastructure, facilities and services; 1 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEESI2016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX June 20, 2017 - Page 84 of 503 3. The Town is acting within its power to provide transportation infrastructure, facilities and services; 4. But for new development and redevelopment projects, the Town would not be considering either the provision or expansion of transportation infrastructure, services or facilities; 5. New development and redevelopment projects are contributing causes to the need for new or expanded transportation infrastructure, facilities and services; 6. The Town would be legally justified in denying applications for new development or redevelopment projects unless the transportation impact fee is imposed, because of the burden the new development or redevelopment projects would place on the Town's transportation infrastructure, facilities and services; and 7. The Town has conducted a study to determine the amount of the transportation impact fee, and the study demonstrates that the transportation impact fee will be roughly proportional, both in nature and extent, to the impacts of new development and redevelopment projects. B. Purpose. The purpose of this Chapter is to impose a transportation impact fee on new development and redevelopment projects in the Town, as set forth herein. 12-26-2: APPLICABILITY: A. The transportation impact fee shall be imposed on the following construction, development or redevelopment in the Town: 1. For commercial development (except accommodation units), on any net new square footage to be constructed. 2. For residential development, on each new residential unit to be constructed. 3. For accommodation units, on each new accommodation unit to be constructed. B. The transportation impact fee shall not be imposed on the construction, development or redevelopment of any Employee Housing Unit. 12-26-3: FEE: The transportation impact fee shall be in the amount set by resolution of the Town Council. The fee shall be imposed by the Community 2 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX June 20, 2017 - Page 85 of 503 Development Department, Design Review Board, Planning and Environmental Commission or Town Council, as part of the last land use approval for the project. The fee shall be payable prior to issuance of the building permit for the project. 12-26-4: CREDIT: A. An applicant may apply for a credit as set forth in this Section, which credit shall be applied to offset the transportation impact fee that would otherwise be imposed for the project. B. Credit shall be provided for any dedication or conveyance of land from the applicant to the Town. The amount of the credit shall be the present, fair market value of the land being dedicated or conveyed, as determined by the Town in its reasonable discretion. C. Credit shall be provided for any construction of Town -approved transportation infrastructure or facilities undertaken by the applicant at the applicant's cost that offset the transportation impacts of the project. The transportation infrastructure or facilities may be constructed as part of the project, or in other areas of the Town, as determined by the Town and the applicant. The value of the credit shall be determined by the Town, in its reasonable discretion, considering the total cost of construction and other relevant factors. D. Credit shall be provided for any transportation services provided by the applicant at the applicant's cost, that offset the transportation impacts of the project, as approved by the Town. The value of the credit shall be determined by the Town, in its reasonable discretion, considering actual costs to provide the services and other relevant factors. 12-26-5: REVIEW: A. An applicant aggrieved by the application of this Chapter by the Community Development Department, the Planning and Environmental Commission or Design Review Board may apply for review by the Town Council, by filing a written request for review within 10 days of the decision at issue. B. Within 30 days of receipt of the written request, the Town Council shall hold a public hearing. At such hearing, the burden of proof shall be on the applicant to establish that the imposition of the transportation impact fee as assessed would result in an unconstitutional taking of private property without just compensation. C. If the Town Council determines that the application of this Chapter would result in an unconstitutional taking of private property without just 3 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX June 20, 2017 - Page 86 of 503 compensation, the Town Council may decrease the transportation impact fee (or increase any credit) to ensure that there is no unconstitutional taking. The decision of the Town Council shall be final, subject only to judicial review pursuant to C.R.C.P. 106(a)(4). D. An applicant aggrieved by the application of this Chapter by the Town Council may seek judicial review pursuant to C.R.C.P. 106(a)(4). Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 4 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX June 20, 2017 - Page 87 of 503 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2017 and a public hearing for second reading of this Ordinance set for the day of 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 5 Dave Chapin, Mayor 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX June 20, 2017 - Page 88 of 503 TOWN OF VAIL March 10, 2017 Prepared By TischlerBise FISCAL I ECONOMIC I PLANNING www.tischlerbise.com June 20, 2017 - Page 89 of 503 Table of Contents INTRODUCTION 2 COLORADO IMPACT FEE ENABLING LEGISLATION 2 ADDITIONAL LEGAL GUIDELINES 2 DEVELOPMENT PATTERN IN THE TOWN OF VAIL 4 Figure 1 — Map of Town Boundary and Vail Core Area 5 LOWER FEES IN CORE AREA 5 Lower Residential Trip Generation Rates in Urban Areas 5 Less Auto Dependency in Urban Areas 6 Shorter Trip Lengths in Urban Areas 6 CURRENT AND PROPOSED TRANSPORTATION FEES 7 Figure 2 — Transportation Impact Fee Comparison 8 TRANSPORTATION IMPACT FEES 9 Figure 3 — Conceptual Impact Fee Formula 9 TRIP GENERATION 10 Vehicle Trips to Development in the Town of Vail 10 Figure 4 — Summary of Projected Travel Demand 11 TRANSPORTATION IMPACT FEE SYSTEM IMPROVEMENTS 11 Figure 5 — Summary of Transportation Improvements and Growth Share 12 CREDIT FOR OTHER REVENUES 13 TRANSPORTATION IMPACT FEE FORMULA AND INPUT VARIABLES 13 Figure 6 — Transportation Impact Fee Input Variables 14 MAXIMUM SUPPORTABLE TRANSPORTATION IMPACT FEES 15 Figure 7 — Transportation Impact Fee Schedule 15 FUNDING STRATEGY FOR TRANSPORTATION SYSTEM IMPROVEMENTS 16 Figure 8 — Impact Fee Revenue Projection 16 APPENDIX A — DEMOGRAPHIC DATA 17 TRIP GENERATION BY TYPE AND SIZE OF HOUSING 17 Figure Al — PM Peak Hour Vehicle Attraction Trips by Size of Detached House 18 TRIP GENERATION BY FLOOR AREA OF SINGLE FAMILY HOUSING 19 Figure A2 — PM Peak Hour Inbound Trips by Square Feet 20 APPENDIX B: IMPLEMENTATION AND ADMINISTRATION 21 CREDITS AND REIMBURSEMENTS 21 TOWN -WIDE SERVICE AREA 21 DEVELOPMENT CATEGORIES 22 Residential Development 22 Commercial Development 22 APPENDIX C: REFERENCES 24 June 20, 2017 - Page 90 of 503 Vail Transportation Impact Fees 1/9/17 INTRODUCTION Although Colorado is a "home -rule" state and home -rule municipalities were already collecting "impact fees" under their home -rule authority granted in the Colorado Constitution, the Colorado Legislature passed enabling legislation in 2001, as discussed further below. Colorado Impact Fee Enabling Legislation For local governments, the first step in evaluating funding options for transportation improvements is to determine basic options and requirements established by state law. Some states have more conservative legal parameters that basically restrict local government to specifically authorized actions. In contrast, "home -rule" states grant local governments broader powers that may or may not be precluded or preempted by state statutes depending on the circumstances and on the state's particular laws. Impact fees are one-time payments imposed on new development that must be used solely to fund growth -related capital projects, typically called "system improvements". An impact fee represents new growth's proportionate share of capital facility needs. In contrast to project - level improvements, impact fees fund infrastructure that will benefit multiple development projects, or even the entire service area, as long as there is a reasonable relationship between the new development and the need for the growth -related infrastructure. Project -level improvements, typically specified in a development agreement, are usually limited to transportation improvements near a proposed development, such as ingress/egress lanes. According to Colorado Revised Statute Section 29-20-104.5, impact fees must be legislatively adopted at a level no greater than necessary to defray impacts generally applicable to a broad class of property. The purpose of impact fees is to defray capital costs directly related to proposed development. The statutes of other states allow impact fee schedules to include administrative costs related to impact fees and the preparation of capital improvement plans, but this is not specifically authorized in Colorado's statute. Impact fees do have limitations, and should not be regarded as the total solution for infrastructure funding. Rather, they are one component of a comprehensive portfolio to ensure adequate provision of public facilities. Because system improvements are larger and more costly, they may require bond financing and/or funding from other revenue sources. To be funded by impact fees, Section 29-20-104.5 requires that the capital improvements must have a useful life of at least five years. By law, impact fees can only be used for capital improvements, not operating or maintenance costs. Also, development impact fees cannot be used to repair or correct existing deficiencies in existing infrastructure. Additional Legal Guidelines Both state and federal courts have recognized the imposition of impact fees on development as a legitimate form of land use regulation, provided the fees meet standards intended to protect against regulatory takings. Land use regulations, development exactions, and impact fees are subject to the Fifth Amendment prohibition on taking of private property for public use without 2 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 91 of 503 Vail Transportation Impact Fees 1/9/17 just compensation. To comply with the Fifth Amendment, development regulations must be shown to substantially advance a legitimate governmental interest. In the case of impact fees, that interest is the protection of public health, safety, and welfare, by ensuring development is not detrimental to the quality of essential public services. The means to this end are also important, requiring both procedural and substantive due process. The process followed to receive community input (i.e. stakeholder meetings, work sessions, and public hearings) provides opportunities for comments and refinements to the impact fees. There is little federal case law specifically dealing with impact fees, although other rulings on other types of exactions (e.g., land dedication requirements) are relevant. In one of the most important exaction cases, the U. S. Supreme Court found that a government agency imposing exactions on development must demonstrate an "essential nexus" between the exaction and the interest being protected (see NoIlan v. California Coastal Commission, 1987). In a more recent case (Dolan v. City of Tigard, OR, 1994), the Court ruled that an exaction also must be "roughly proportional" to the burden created by development. There are three reasonable relationship requirements for development impact fees that are closely related to "rational nexus" or "reasonable relationship" requirements enunciated by a number of state courts. Although the term "dual rational nexus" is often used to characterize the standard by which courts evaluate the validity of development impact fees under the U.S. Constitution, TischlerBise prefers a more rigorous formulation that recognizes three elements: "need," "benefit," and "proportionality." The dual rational nexus test explicitly addresses only the first two, although proportionality is reasonably implied, and was specifically mentioned by the U.S. Supreme Court in the Dolan case. Individual elements of the nexus standard are discussed further in the following paragraphs. All new development in a community creates additional demands on some, or all, public facilities provided by local government. If the capacity of facilities is not increased to satisfy that additional demand, the quality or availability of public services for the entire community will deteriorate. Development impact fees may be used to cover the cost of development - related facilities, but only to the extent that the need for facilities is a consequence of development that is subject to the fees. The NoIlan decision reinforced the principle that development exactions may be used only to mitigate conditions created by the developments upon which they are imposed. That principle likely applies to impact fees. In this study, the impact of development on infrastructure needs is analyzed in terms of quantifiable relationships between various types of development and the demand for specific facilities, based on applicable level -of -service standards. The requirement that exactions be proportional to the impacts of development was clearly stated by the U.S. Supreme Court in the Dolan case and is logically necessary to establish a proper nexus. Proportionality is established through the procedures used to identify development -related facility costs, and in the methods used to calculate impact fees for various types of facilities and categories of development. The demand for facilities is measured in 3 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 92 of 503 Vail Transportation Impact Fees 1/9/17 terms of relevant and measurable attributes of development (e.g. a typical housing unit's vehicular trip generation rate). A sufficient benefit relationship requires that impact fee revenues be segregated from other funds and expended only on the facilities for which the fees were charged. The calculation of impact fees should also assume that they will be expended in a timely manner and the facilities funded by the fees must serve the development paying the fees. However, nothing in the U.S. Constitution or the state enabling legislation requires that facilities funded with fee revenues be available exclusively to development paying the fees. In other words, benefit may extend to a general area including multiple real estate developments. Procedures for the earmarking and expenditure of fee revenues are discussed near the end of this study. All of these procedural as well as substantive issues are intended to ensure that new development benefits from the impact fees they are required to pay. The authority and procedures to implement impact fees is separate from and complementary to the authority to require improvements as part of subdivision or zoning review. Impact fees must increase the carrying capacity of the transportation system. Capacity projects include, but are not limited to the addition of travel lanes, intersection improvements (i.e., turning lanes, signalization or roundabouts) and "complete street" improvements to provide multimodal infrastructure (e.g. bus stops, bike lanes and sidewalks). Whenever improvements are made to existing roads, non -impact fee funding is typically required to help pay a portion of the cost. Development Pattern in the Town of Vail Vail is a resort community of approximately 5,000 year-round residents that surges to approximately 40,000-45,000 persons during peak tourism season when employees and visitors are present. The occupied bed base of the community swells from 5,000 to 35,000 during these peak periods. Figure 1 delineates the core area of Vail. Actual boundaries of the Town extend six miles to the east and four miles to the west of the core area (see map inset). Given its location in a mountain valley, the Town has a compact development pattern and a multi -modal transportation system that relies on pedestrian, bicycle, transit and vehicular travel. Consistent with this setting, the proposed impact fees will fund multi -modal transportation improvements necessary to accommodate projected development within the Town of Vail. 4 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 93 of 503 Vail Transportation Impact Fees 1/9/17 Figure 1— Map of Town Boundary and Vail Core Area .325,44:_ ie ;i nshead Village ```"'�� Ai Vail Villoage 1141p Lower Fees in Core Area Development of attached housing units and hotels in the core area will facilitate pedestrian, bicycle, and transit use, thus requiring less vehicular travel. In recognition of lower vehicular travel demand in the core area, proposed transportation impact fees are lower in the core area. This policy recommendation is consistent with the literature summarized in the three subsections below and a recent analysis of mixed-use developments in six regions of the United States. This study found an average 29% reduction in trip generation as a function of "D" variables, including: density, diversity, design, destination accessibility, distance to transit, demographics, and development scale (see Ewing, Greenwald, Zhang, Walters, Feldman, Cervero, Frank, and Thomas 2011). Lower Residential Trip Generation Rates in Urban Areas Single-family housing is generally located in low-density suburbs where there are few alternatives for travel except by private motor vehicle. On average, urban housing has fewer 5 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 94 of 503 Vail Transportation Impact Fees 1/9/17 persons and vehicles available, thus lowering vehicular trip generation rates per unit when compared to housing in the suburban unincorporated area. Currans and Clifton (2015) developed and tested methods for adjusting ITE trip generation rates for urban settings. They recommend mode -share adjustments based on the number of residents and jobs per acre, which serves as a proxy for urban form. Less Auto Dependency in Urban Areas Urban areas have distinct demographic profiles and physical traits that reduce vehicle trips, such as higher internal capture, design characteristics that promote walking and biking, and superior transit service. Urban areas with grid streets and small blocks offer a variety of routes that encourage walking and biking. Interesting streetscapes with human -scale design features encourage people to walk and bike farther in urban areas, while lowering our perception of distance (Jacobs 2001). Urban areas also have more diverse travel options including public transportation and muscle -powered mobility. A study titled "Trip Generation Rates for Urban Infill Land Uses in California" documented auto trips for infill development averaged approximately 50% of the modal share, compared to 90% or higher auto dependency in most metropolitan areas (Daisa and Parker, 2009). Lower dependency on private vehicles reduces the need for street capacity and supports an impact fee reduction for new development within the core area of Vail. Shorter Trip Lengths in Urban Areas Mixed land use and better job -housing balance reduces average trip length. By balancing the number of jobs with nearby housing units, urban areas have the potential for reducing journey - to -work travel. The magnitude of effect is dependent on matching job and housing locations of individual workers, which can be aided by offering a variety of housing styles and price ranges. Inclusionary policies, such as requiring at least 10% affordable housing units within each development, can foster a better jobs -housing balance and reduce the need for street capacity (Nelson, Dawkins and Sanchez 2007). Mixed-use areas like the center of Vail exhibit lower vehicular trip rates because of "internal capture" (i.e., many daily destinations do not require travel outside the area). For example, a study titled "Internalizing Travel by Mixing Land Uses" examined 20 mixed use communities in South Florida, documenting internal capture rates up to 57 percent with an average of 25 percent. In addition to a percent reduction for the jobs -housing balance, credit can be given for local -serving retail. Urban, transit -oriented development offers coffee shops, restaurants, general retail stores and services that reduce the need for vehicular trips outside the area (Ewing, Dumbaugh and Brown 2003). The report "Driving and the Built Environment" (TRB 2009) found a strong link between development patterns and vehicle miles of travel, encouraging mixing of land uses to reduce vehicle trip rates and reduce trip lengths. Reductions up to 24% for transit service and pedestrian/bicycle friendliness are recommended for nonresidential development in a 2005 6 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 95 of 503 Vail Transportation Impact Fees 1/9/17 study titled "Crediting Low -Traffic Developments" (Nelson/Nygaard Consulting Associates 2005). Current and Proposed Transportation Fees Figure 2 provides a comparison of current and proposed transportation fees for new development in the Town of Vail. Current amounts are shown with dark shading and white numbers. Current fees in Vail are based on the net increase in PM Peak Hour vehicle trip ends generated by the entire development, with mitigation limited to certain areas and reductions given for multi -modal travel. The Town currently assesses transportation -related mitigation fees (see Vail code section in the footnote'). This requirement is specific to certain zone districts and does not provide a codified fee schedule. The current fees are determined and agreed upon by the Town and developers during the development entitlement process. Proposed fees are shown with light shading and black numbers in the table below. For consistency with a national impact fee survey, the fee amount for a detached house assumes construction of an average size unit, which in Vail and Pitkin County is approximately 4,000 square feet (i.e. twice the national average). Fee amounts for commercial development are expressed per thousand square feet of floor area. 1 12-7A,H,I,J: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. (Ord. 29(2005) § 24: Ord. 23(1999) § 1) 7 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 96 of 503 Vail Transportation Impact Fees 1/9/17 Figure 2 - Transportation Impact Fee Comparison 8 Per Housing Unit Single Family Multifamily Per 1,000 Sq Ft Retail Office National Average (1) $3,228 $2,202 $5,685 $3,430 Durango (1) Ft. Collins 2016 Draft (2) Vail current* Incorporated Areas in Colorado $0 _ $2,366 $10,569 $9,685 Proposed in Core Area of Vail (2) Proposed Outside Core Area (2) not applicable $9,686 $5,960 $13,900 $6,200 $7,450 $13,900 $6,200 Counties in Colorado Eagle Co. (1) Jefferson Co. (1) Larimer Co. (2) Pitkin Co. (2) Weld Co. (2) $4,378 $3,034 $9,026 $5,164 $3,276 $2,725 $7,120 $4,790 $3,418 $8,812 $4,726 $9,339 $5,115 $10,910 $5,130 $2,377 $3,296 $2,174 Sources: (1) National Impact Fee Survey by Duncan Associations (2012). Single Family assumes 2,000 square feet. Nonresidential fees per thousand square feet assume a building with 100,000 square feet of floor area. (2) TischlerBise. Single Family in Vail and Pitkin County assumes 4,000 square feet. * Current fees in Vail are based on the net increase in PM Peak Hour vehicle trip ends generated by the entire development, with mitigation limited to certain areas and TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 97 of 503 Vail Transportation Impact Fees 1/9/17 TRANSPORTATION IMPACT FEES Basic steps in a conceptual impact fee formula are illustrated below (see Figure 3). The first step (see the left part of the equation) is to determine an appropriate demand indicator, for a particular type of infrastructure. The demand indicator measures the number of demand units for each unit of development. For example, an appropriate indicator of the demand for roads is vehicle trips. The second step in the conceptual impact fee formula is shown in the middle section of the equation. Infrastructure units per demand unit are typically called Level -Of - Service (LOS) or infrastructure standards. Road impact fee studies for suburban communities often establish a relationship between lane miles and vehicle miles of travel (note: a lane mile is a rectangular area of pavement one lane wide and one mile long). Because the Town of Vail has a more compact, urban development pattern, multi -modal transportation improvements were identified in a recently approved Transportation Master Plan. In essence, the Town of Vail has combined the second and third step in the conceptual impact fee formula (see the right side of the equation below). The cost of growth -related transportation improvements was allocated to the expected increase in vehicle trips. Figure 3 — Conceptual Impact Fee Formula Demand Units Infrastructure Units Dollars per X per X per Development Demand Infrastructure Unit Unit Unit When applied to specific types of infrastructure, the conceptual impact -fee formula is customized using three common impact fee methods that focus on different timeframes. The first method is the cost recovery method. To the extent that new growth and development is served by previously constructed improvements, local government may seek reimbursement for the previously incurred public facility costs. This method is used for facilities that have adequate capacity to accommodate new development, at least for the next five years. The rationale for the cost recovery approach is that new development is paying for its share of the useful life or remaining capacity of an existing facility that was constructed in anticipation of additional development. The second basic approach used to calculate impact fees is the incremental expansion cost method. This method documents the current infrastructure standard for each type of public facility in both quantitative and qualitative measures. The local government uses impact fee revenue to incrementally expand infrastructure as needed to accommodate new development. A third impact fee approach is the plan -based method. This method is best suited for public facilities that have commonly accepted engineering/planning standards or specific capital improvement plans. Proposed transportation impact fees for the 9 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 98 of 503 Vail Transportation Impact Fees 1/9/17 Town of Vail are derived using a plan -based method, with one cost recovery item for the recently completed 1-70 underpass. Trip Generation Transportation models and traffic studies for individual development projects typically use average weekday or afternoon (PM), peak -hour trips. The need for transportation improvements in Vail was determined through the Transportation Master Plan process using an extensive engineering analysis. In contrast to the engineering analysis, the impact fee methodology is essentially an accounting exercise whereby the cost of growth -related system improvements is allocated to new development within the Town of Vail. For the purpose of impact fees, trip generation is based on attraction (inbound) trips to development located in the Town of Vail. This approach eliminates the need for adjustments to account for pass- through trips (i.e. external -external travel) and trips to destinations outside Vail (i.e. internal- external travel). One of the major trip destinations in Vail is the base of the ski mountain. In addition to people working in Town and those staying over night, the ski mountain draws thousands of 'day skiers' that typically leave their vehicles in a parking garage while in Town. Because parking structures are ancillary uses, impact fees are typically not imposed on the floor area of a garage, but the floor area of nearby development that actually attracts people to the area. Given this practice, future growth of 'day skiers' will not be directly accounted for in the development projections shown in Figure 4. However, the Town and Vail Resorts have agreed the maximum skiers at one time that can be handled by the Town's infrastructure is 19,900, as specified in the agreement titled "Town of Vail & Vail Associates, Inc. Program to Manage Peak Periods." Therefore, if the maximum -skiers agreement or lift capacity is increased without a significant increase in nonresidential buildings, a traffic impact fee for additional day skiers should be contemplated. Vehicle Trips to Development in the Town of Vail The relationship between the amount of new development anticipated within Vail and the projected increase in vehicle trips is shown in Figure 4. Expected development in Vail is based on trends within the Town, Eagle County, and the state of Colorado. The projected increase in development and afternoon, peak -hour trips are consistent with Appendix E in Vail's Transportation Master Plan (FHU 2009) and the development stats database, updated by Town staff. Although the specific year is not important to the analysis, the net increase in development is expected to occur by the year 2040. A faster pace of development would accelerate the collection of impact fees and the construction of planned improvements. Conversely, slower development would reduce fee revenue and delay the construction of capital improvements. As shown in the bottom right corner of the table below, planned development in Vail is expected to generate an additional 838 PM -Peak inbound vehicle trips. 10 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 99 of 503 Vail Transportation Impact Fees 1/9/17 Figure 4— Summary of Projected Travel Demand Development Type Additional Development Units (2) Inbound Trip Rate per Development Unit (3) Additional PM -Peak Inbound Trips Two Family or Multiple Family Units in Core Area 705 0.24 169 Two Family or Multiple Family Units Outside Core 554 0.30 166 Employee Housing Units in Core Area 41 0.24 10 Employee Housing Units Outside Core 310 0.30 93 Single Family Units 120 0.39 47 Accommodation Units in Core Area 270 0.24 65 Accommodation Units Outside Core 102 0.30 31 Restaurant & Retail KSF (1) 320 0.56 179 Facilities Health Care KSF (1) 140 0.40 56 Office & Other Services KSF (1) 88 0.25 22 TOTAL => 838 (1) KSF = square feet of floor area in thousands. (2) Appendix E, Vail Transportation Master Plan (FHU 2009) and Town staff (12/06/16). (3) Trip generation rates are from Appendix E, Vail Transportation Master Plan, except Transportation Impact Fee System Improvements Transportation system improvements to be funded by impact fees are shown in Figure 5. Specific projects were identified in the Transportation Master Plan for the Town of Vail and updated by Town staff. Road sections listed below will be constructed as "complete streets" with bus, bicycle, and pedestrian improvements. Town staff prepared the planning -level cost estimates and identified the growth share of projects that will be funded with impact fees, based on the expected increase in vehicular trips. The total cost of transportation improvements needed to accommodate new development through 2040 is estimated to be approximately $95 million in current dollars (not inflated over time). Impact fees will fund approximately $20.8 million, which is 28% of systems improvements. Funding from non -impact fee sources, such as the Colorado Department of Transportation (CDOT), Real Estate Transfer Tax (RETT), and the Town of Vail General Fund will cover the remaining cost of system improvements. As shown in the bottom right corner of the table below, the capacity cost of $24,836 per additional trip is equal to the growth share of transportation improvements divided by the increase in PM -Peak inbound vehicle trips. 11 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 100 of 50; Vail Transportation Impact Fees 1/9/17 Figure 5 - Summary of Transportation Improvements and Growth Share 12 Transportation Improvements Town of Vail, Colorado Estimated Cost (Millions) Project- Level Cost System -Level Improvements Percent Funded By Impact Fee Percent Other Revenue Cost by Impact Fee Cost by Other Revenue ID PROJECT DESCRIPTION A West Vail Commercial Roundabout & Medians $ 6.70 $ 6.70 0% 0% $ $ B Buffehr Creek Turn Lanes $ 1.20 $ - 52% 48% $ 0.62 $ 0.58 C Buffehr Creek NRT connection to Marriott Roost $ 0.50 $ 0.50 0% 0% $ $ D Marriott Roost Turn Lanes $ 1.20 $ 1.20 0% 0% $ - $ - E Timber Ridge Turn Lanes $ 1.20 $ 1.20 0% 0% $ - $ - F Lions Ridge Loop Turn Lanes $ 1.20 $ - 35% 65% $ 0.41 $ 0.79 G Red Sandstone Drive Turn lanes $ 1.20 $ - 35% 65% $ 0.41 $ 0.79 H Main Vail North Roundabout Expansion to Two Lanes $ 5.60 $ 35% 65% $ 1.98 $ 3.62 Main Vail Underpass Revesible Lane $ 2.00 $ - 35% 65% $ 0.71 $ 1.29 J Gore Creek Drive Turn Lanes $ 1.20 $ - 14% 86% $ 0.17 $ 1.03 K Underpass (Cost Recovery) $ 9.10 $ - 22% 78% $ 1.96 $ 7.14 L Underpass to Forest Road Imrpovements (5 Lane/Walk) $ 7.00 $ 7.00 0% 0% $ $ - M Vail Spa to ELHC Improvements (5 Lane/Walk) $ 4.50 $ - 46% 54% $ 2.05 $ 2.45 N ELHC to LH Parking Structure Entrance Medians $ 0.75 $ 46% 54% $ 0.34 $ 0.41 O LH Parking Structure Entrance to Municipal Bldg (5 Lane & Rdabt) $ 9.00 $ 2.25 39% 36% $ 3.55 $ 3.20 P Village Ctr Road to Vail Valley Drive (Medians, TC Device, Compact Rdabt) $ 6.50 $ - 29% 71% $ 1.92 $ 4.58 Q PW/WD Turn Lanes $ 1.20 $ - 27% 73% $ 0.33 $ 0.87 R Booth Creek Turn Lanes $ 1.20 $ - 27% 73% $ 0.33 $ 0.87 S GVT Dowd Junction to WV Rdabt $ 8.50 $ - 22% 78% $ 1.83 $ 6.67 T Donovan to Westhaven Drive Walk $ 1.50 $ 22% 78% $ 0.32 $ 1.18 U WLHC walk (Vail Spa to S. Frtge) $ 0.75 $ 0.75 0% 0% $ - $ - V WD Path imrpovements $ 1.20 $ - 22% 78% $ 0.26 $ 0.94 W Vail Rd (Willow Way to Forest Rd) Walk $ 0.50 $ - 22% 78% $ 0.11 $ 0.39 X ELHC (LHWC to Dobson) Walk $ 1.00 $ - 22% 78% $ 0.22 $ 0.78 Y West Vail Pedestrian Overpass $ 6.00 $ - 22% 78% $ 1.29 $ 4.71 Z VMS to Bighorn Path $ 1.50 $ - 22% 78% $ 0.32 $ 1.18 AA ELHC (Vantage Point to S. Frontage Road) Walk $ 0.20 $ - 22% 78% $ 0.04 $ 0.16 BB Chamonix (Arosa to Chamonix) $ 1.00 $ - 22% 78% $ 0.22 $ 0.78 CC Chamonix (Chamonix to Buffehr Creek Rd) $ 1.00 $ - 22% 78% $ 0.22 $ 0.78 DD Line Haul Transit Stop Improvement Projects $ 1.60 $ - 22% 78% $ 0.34 $ 1.26 EE Vail Bus Stops (10 Shelters) $ 1.50 $ - 22% 78% $ 0.32 $ 1.18 FF Arosa Transit Parking $ 2.50 $ - 22% 78% $ 0.54 $ 1.96 GG Frontage Road Lighting Improvements $ 5.00 $ - 0% 100% $ - $ 5.00 HH Structured Parking Expansion & Buses $ $ 0% 100% $ $ Grand Totals $ 95.00 $19.60 28% 72% $ 20.81 $ 54.59 Net New PM Peak Inbound Trips => 838 Capacity Cost per Additional PM Peak Inbound Trip => $ 24,836 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 101 of 50; Vail Transportation Impact Fees 1/9/17 Credit for Other Revenues A general requirement that is common to impact fee methodologies is the evaluation of credits. A revenue credit may be necessary to avoid potential double payment situations arising from the one-time payment of an impact fee plus other revenue payments that may also fund growth -related capital improvements. The determination of credits is dependent upon the impact fee methodology used in the cost analysis. Vail's transportation impact fees are derived primarily using a plan -based method, with a minor cost recovery component for the recently completed 1-70 underpass. This method is based on future capital improvements needed to accommodate new development. Given the plan -based approach, the credit evaluation focuses on the need for future bonds and revenues that will fund planned capital improvements. Because the Town does not expect to bond finance transportation projects, a revenue credit for future principal payments is not applicable. Some impact fee studies include a credit for gas taxes and/or General Fund revenue. A credit for future revenue generated by new development is only necessary if there is potential double payment for system improvements. In the Town of Vail, transportation impact fees are derived from the growth cost of system improvements, not the total cost of capital improvements. Impact fee revenue will be used exclusively for the growth share of improvements listed in Figure 5. Other, non -impact fee funds, such as the General Fund and gas tax revenue, will be used for maintenance of existing facilities, correcting existing deficiencies and for making improvements not listed in the transportation CIP. Based on expected development in Vail (see Figure 8), future impact fee revenue approximates the growth cost of planned system improvements (approximately $21 million). If elected officials in Vail make a legislative policy decision to fully fund the growth share of system improvements from impact fees, a credit for other revenue sources is unnecessary. Transportation Impact Fee Formula and Input Variables Input variables for the transportation impact fee are shown in Figure 6. Inbound trips by type of development are multiplied by the net capital cost per trip to yield the transportation impact fees. For example, the transportation impact fee formula for a two family or multiple family unit in the core area is 0.24 x $24,836 = $5,960 (truncated) per housing unit. Because the core area of Vail has a walkable, urban development pattern, impact fees for two family or multiple family housing and accommodation units are lower in the core area, as supported by the engineering analysis in the adopted Transportation Master Plan (FHU 2009). Trip generation rates are from the Transportation Master Plan, except for single family dwellings, which are only expected outside the core area. Inbound trip rates per detached dwelling are documented in Appendix A. 13 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 102 of 50: Vail Transportation Impact Fees 1/9/17 Figure 6 — Transportation Impact Fee Input Variables 14 Residentail Dwellings (per Unit) PM -Peak Inbound Vehicle Trips Dwelling, Two Family or Multiple Family (In Core Area) 0.24 Dwelling, Two Family or Multiple Family (Outside Core Area) 0.30 Dwelling, Single Family 0.39 Accommodation Unit (per Unit) Accommodation Unit (In Core Area) 0.24 Accommodation Unit (Outside Core Area) 0.30 Commercial (per 1,000 Sq Ft of floor area) Restaurant & Retail Establishments 0.56 Facilities Health Care 0.40 Office & Other Services 0.25 Infrastructure Standards Cost per Trip => $24,836 Revenue Credit Per Trip => $0 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 103 of 50: Vail Transportation Impact Fees 1/9/17 Maximum Supportable Transportation Impact Fees The input variables discussed above yield the maximum supportable impact fees shown in Figure 7. Fees for most types of commercial development are listed per square foot of floor area. The impact fee for accommodation is based on the number of units. Figure 7 — Transportation Impact Fee Schedule 15 Maximum Supportable Transportation Impact Fees Residentail Dwellings (per Unit) Dwelling, Two Family or Multiple Family (In the Core Area) Dwelling, Two Family or Multiple Family (Outside the Core Area) Dwelling, Single Family Employee Housing Unit Accommodation Unit (per Unit) Accommodation Unit (In Core Area) Accommodation Unit (Outside Core Area) Commercial (per square foot of floor area) Restaurant & Retail Establishments Facilities Health Care Office & Other Services $5,960 $7,450 $9,686 so $5,960 $7,450 $13.90 $9.93 $6.20 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 104 of 50: Vail Transportation Impact Fees 1/9/17 Funding Strategy for Transportation System Improvements Revenue projections shown below assume implementation of the maximum supportable transportation impact fee. Projected revenues essentially match the growth share of the capital improvements plan for transportation (i.e. $20.8 million). Impact fee revenue can be accumulated over several years to construct major projects, but annually completing at least one capital project will ensure benefit to fee payers. The percentage of total impact fee revenue expected from each development type is shown below in the right column. New housing units in Vail will generate approximately 58% of the transportation impact fee revenue. New accommodation will generate approximately 11%, while other types of commercial development will yield approximately 31% of projected revenue. Figure 8 — Impact Fee Revenue Projection Development Type Additional Development Units Fee per Development Unit $5,960 $7,450 $5,960 $7,450 $9,686 $5,960 $7,450 $13,900 $9,930 $6,200 Projected Revenue $4,202,000 $4,127,000 $244,000 $2,310,000 $1,162,000 $1,609,000 $760,000 $4,448,000 $1,390,000 $546,000 Percent of Impact Fees 20% 20% 1% 11% 6% 8% 4% 21% 7% 3% Two Family or Multiple Family Units in Core Area 705 Two Family or Multiple Family Units Outside Core 554 Employee Housing Units in Core Area 41 Employee Housing Units Outside Core 310 Single Family Units 120 Accommodation Units in Core Area 270 Accommodation Units Outside Core 102 Restaurant & Retail KSF 320 Facilities Health Care KSF 140 Office & Other Services KSF 88 16 Total => $20,798,000 100% TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 105 of 50: Vail Transportation Impact Fees 1/9/17 APPENDIX A - DEMOGRAPHIC DATA In this Appendix, TischlerBise documents the demographic data used to derive trip rates by size of single family housing. In the Town of Vail, the fiscal year begins on January 1st. Impact fees are calibrated using 2016 as the base year and 2017 as the first projection year. Trip Generation by Type and Size of Housing Although the Town of Vail only expects a few single family (detached) housing units to be constructed each year, TischlerBise recommends a fee schedule whereby larger units pay higher transportation impact fees. Benefits of the proposed methodology include: 1) proportionate assessment of infrastructure demand using local demographic data, 2) progressive fee structure (i.e. smaller units pay less and larger units pay more), and 3) more affordable fees for workforce housing. Custom tabulations of demographic data by bedroom range can be created from individual survey responses provided by the American Community Survey (ACS) published by the U.S. Census Bureau, in files known as Public Use Microdata Samples (PUMS). Because PUMS files are available for areas of roughly 100,000 persons, the Town of Vail is included in Public Use Microdata Area (PUMA) 400 that includes Pitkin, Eagle, Summit, Grand and Jackson Counties. At the top of Figure Al, cells with yellow shading indicate the survey results, which yield the unadjusted number of persons and vehicles available per dwelling. These multipliers are adjusted to match the control totals for Vail. According to ACS table B25033 (five-year estimates) Vail had 5,277 year-round residents in 2014 and table B25032 indicates Vail had 2,451 households in 2014, or an average of 2.15 persons per household. TischlerBise used ACS tables B25046 and B25032 to derive the average number of vehicles available per household. In 2014, there were 3,738 aggregate vehicles available and 2,451 households, or an average of 1.53 vehicles available per household. The middle section of Figure Al provides nation-wide data from the Institute of Transportation Engineers (ITE). VTE is the acronym for Vehicle Trip Ends, which measures vehicles coming and going from a development. Dividing trip ends per household by trip ends per person yields an average of 2.17 persons per occupied condominium/townhouse and 3.78 persons per occupied single dwelling, based on ITE's national survey. Applying Vail's current housing mix of 77.7% condominium/townhouses and 22.3% single-family dwellings yields a weighted average of 2.53 persons per household. In comparison to the national data, Vail only has an average of 2.15 persons per household. Dividing trip ends per household by trip ends per vehicle available yields an average of 1.68 vehicles available per occupied condo/townhouse and 1.52 vehicles available per occupied single dwelling, based on ITE's national survey. Applying Vail's current housing mix yields a nation-wide weighted average of 1.64 vehicles available per household. In comparison to the national data, Vail has fewer vehicles available, with an average of 1.53 per housing unit. 17 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 106 of 50; Vail Transportation Impact Fees 1/9/17 Rather than rely on one methodology, the recommended trip generation rates shown in the bottom section of Figure Al (see Vail PM -Peak VTE per Household), are an average of trip rates based on persons and vehicles available, for single family housing units by bedroom range. In the Town of Vail, each household in a single family unit is expected to generate an average of 0.57 PM -Peak Vehicle Trip Ends, compared to the national average of 0.63 trip ends per household. Figure Al - PM Peak Hour Vehicle Attraction Trips by Size of Detached House Calibrated to Demographic Control Totals for Vail, Colorado ACS 2013 5 -Year PUMS Data for PUMA 400 (Pitkin, Eagle, Summit, Grand and Jackson Counties) Bedroom Range Persons (1) Vehicles Available (1) Households (1) PUMA 400 Hshld Mix Unadjusted Persons/Hshld Adj Persons per Hshld (2) Unadjusted VehAvl/Hshld Adj Veh Avl per Hshld (2) 0-2 134 156 75 19.7% 1.79 1.62 2.08 1.38 3 409 376 165 43.4% 2.48 2.24 2.28 1.52 4 248 229 97 25.5% 2.56 2.31 2.36 1.57 5+ 114 112 43 11.3% 2.65 2.39 2.60 1.73 Total 905 National Averages According to ITE 873 380 ITE Code PM -Peak VTE per Person PM -Peak VTE per Vehicle Available PM -Peak VTE per Household Vail Hshld Mix 230 Condo / Townhouse 0.24 0.31 0.52 77.7% 210 SFD 0.27 0.67 1.02 22.3% Wgtd Avg 0.25 0.39 Recommended Trip Rate by Bedroom Range 0.63 Bedroom Range PM -Peak VTE per Hshld Based on Persons (3) PM -Peak VTE per Hshld Based on Veh Available (4) Vail PM -Peak VTE per Hshld (5) 0-2 0.41 0.54 0.48 3 0.56 0.59 0.58 4 0.58 0.61 0.60 5+ 0.60 0.67 0.64 Total 18 0.54 0.60 0.57 2.38 2.15 Persons per Household 2.17 3.78 2.53 2.30 1.53 Veh Avl per Household 1.68 1.52 1.64 (1) American Community Survey, Public Use Microdata Sample for CO PUMA 400 (2013 Five -Year unweighted data). (2) Adjusted multipliers are scaled to make the average PUMS values match control totals for Vail (ACS 2014 Five -Year data). (3) Adjusted persons per household multiplied by national weighted average trip rate per person. (4) Adjusted vehicles available per household multiplied by national weighted average trip rate per vehicle available. (5) Average of trip rates based on persons and vehicles available per housing unit. Does not show adjustment to inbound trips (64% entering). TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 107 of 50: Vail Transportation Impact Fees 1/9/17 Trip Generation by Floor Area of Single Family Housing To derive afternoon peak hour inbound trips by square feet of single family housing, TischlerBise combined demographic data from the Census Bureau (discussed above) and single family house size data from the County Assessor's parcel database. The number of bedrooms per housing unit is the common connection between the two databases. In Vail, the average size single family housing unit with two or less bedrooms has 1,594 square feet of heated space. The average three-bedroom unit has 2,667 square feet of floor area. The average size of a four-bedroom unit is 3,698 square feet of floor area. Single family housing units with five or more bedrooms average 5,706 square feet of floor area. Average floor area and number of inbound trips by bedroom range are plotted in Figure A2, with a logarithmic trend line derived from the four actual averages in the Town of Vail. TischlerBise used the trend line formula to derive estimated average PM -Peak, inbound trips by size of single family housing unit, in 300 square feet intervals. Square feet measures heated floor area (excluding porches, garages, unfinished basements, etc.). Based on the size of single family housing units in Vail, TischlerBise recommends limiting transportation impact fees for single family housing to the floor area range shown below. In other words, a single family house with 2,099 or less square feet would pay a transportation impact fee based on 0.33 inbound vehicle trips. Likewise, single family units with 6,300 or more square feet of heated space would pay a maximum transportation impact fee based on 0.42 inbound vehicle trips. 19 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 108 of 50; Vail Transportation Impact Fees 1/9/17 Figure A2 — PM Peak Hour Inbound Trips by Square Feet Average dwelling size by bedroom range is from County Assessor parcel database. PM -Peak vehicle trip ends are derived using ACS PUMS data and calibrated to Town of Vail demographics. Inbound trips are 64% of trip ends (ITE LU1L). +.. .c m ao c .17 3 O 1 v Q Q ._ S O c 20 0.45 0.40 0.35 0.30 0.25 0.20 0.15 0.10 0.05 0.00 Actual Averages per Hsg Unit Fitted -Curve Values Bedrooms Square Feet Inbound Trips Square Feet Inbound Trips 0-2 1,594 0.31 2099 or less 0.33 3 2,667 0.37 2100 to 2599 0.34 4 3,698 0.38 2600 to 3099 0.35 5+ 5,706 0.41 PM -Peak Inbound Vehicle Trips per Detached Dwelling by Size within Vail, CO y = 0.0761n(x) - 0.2431 R2= 0.9513 0 1,000 2,000 3,000 4,000 5,000 6,000 Square Feet of Heated Area 3100 to 3599 0.37 3600 to 4099 0.38 4100 to 4599 0.39 4600 to 5099 0.40 5100 to 5599 0.41 5600 to 6099 0.41 6100 or more 0.42 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 109 of 50; Vail Transportation Impact Fees 1/9/17 APPENDIX B: IMPLEMENTATION AND ADMINISTRATION Development impact fees should be periodically evaluated and updated to reflect recent data. One approach is to adjust for inflation using an index, such as the Engineering News Record (ENR) Construction Cost Index published by McGraw-Hill Companies. This index could be applied to the adopted impact fee schedule. If cost estimates or demand indicators change significantly, the Town should redo the fee calculations. Colorado's enabling legislation allows local governments to "waive an impact fee or other similar development charge on the development of low or moderate income housing, or affordable employee housing, as defined by the local government." However, projected impact fee revenue from employee housing accounts for approximately 12% of the growth cost to be funded by impact fees. Given this magnitude, waiving impact fees for workforce housing will create a significant funding gap. Credits and Reimbursements Specific policies and procedures related to site-specific credits or developer reimbursements will be addressed in the ordinance that establishes the transportation impact fees. Project - level improvements, normally required as part of the development approval process, are not eligible for credits against impact fees. If a developer constructs a system improvement (see the impact fee funded improvements listed in Figure 5), it will be necessary to either reimburse the developer or provide a site-specific credit. The latter option is more difficult to administer because it creates unique fees for specific geographic areas. TischlerBise recommends establishing reimbursement agreements with the developers that construct a system improvement. The reimbursement agreement should be limited to a payback period of no more than ten years and the Town should not pay interest on the outstanding balance. The developer must provide sufficient documentation of the actual cost incurred for the system improvement. The Town should only agree to pay the lesser of the actual construction cost or the estimated cost used in the impact fee analysis. If the Town pays more than the cost used in the fee analysis, there will be insufficient impact fee revenue. Reimbursement agreements should only obligate the Town to reimburse developers annually according to actual fee collections from the service area. If the Town collects impact fees for other types of infrastructure, site specific credits or developer reimbursements for one type of system improvement does not negate payment of impact fees for other types of infrastructure. Town -wide Service Area The transportation impact fee service area is defined as the entire incorporated area within the Town of Vail. Even though Colorado's enabling legislation uses the phrase "direct benefit" Vail is a relatively small geographic area with a strong core area. Transportation improvements along the 1-70 corridor will benefit new development throughout the entire Town. 21 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 110 of 50: Vail Transportation Impact Fees 1/9/17 Development Categories Proposed transportation fees are assessed based on general land use categories. The categories within the Transportation Impact Fee Schedule are further defined within Title 12-2-2 of the Town of Vail Code. Any uses or development types not specifically defined below or within Title 12-2-2 shall be interpreted by the Administrator in accordance with the Vail Transportation Impact Fee Study. Residential Development Residential development categories represent general groups of land uses that share similar characteristics. 1. Single Family includes: • Dwelling, Single -Family 2. Two Family or Multiple Family includes: • Dwelling, Multiple -Family • Dwelling, Two -Family • Fractional Fee Club Unit 3. Accommodation includes: • Accommodation Unit • Accommodation Unit, Attached • Lodge Dwelling Unit • Lodge, Limited Service • Timeshare Unit Commercial Development Commercial development categories represent general groups of land uses that share similar characteristics. 1. Facilities Health Care includes: • Healthcare Facilities 2. Office & Other Services includes: • Professional Offices, Business Offices, and Studios • Banks and Financial Institutions • Personal Services and Repair Shops • Child Daycare Center • Health Clubs / Spas • Commercial Ski Storage / Ski Clubs • Religious Institutions 3. Restaurant & Retail includes: • Eating and Drinking Establishments • Retail Stores and Establishments • Theaters 22 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 111 of 50: Vail Transportation Impact Fees 1/9/17 Even though churches are a common type of development, they do not have a specific impact fee category due to a lack of sufficient data. For churches and any other atypical development, staff must establish a consistent administrative process to reasonably treat similar developments in a similar way. When presented with a development type that does not match one of the development categories in the published fee schedule, the first option is to look in the ITE trip generation book to see if there is land use category with valid trip rates that match the proposed development. The second option is to determine the published category that is most like the proposed development. Churches without daycare or schools are basically an office area (used throughout the week) with a large auditorium and class space (used periodically during the week). Some jurisdictions make a policy decision to impose impact fees on churches based on the fee schedule for warehousing. The rationale for this policy is the finding that churches are large buildings that generate little weekday traffic and only have a few full time employees. A third option is to impose impact fees on churches by breaking down the building floor area into its primary use. For example, a church with 25,000 square feet of floor area may have 2,000 square feet of office space used by employees throughout the week. At a minimum, impact fees could be imposed on the office floor area. An additional impact fee amount could be imposed for the remainder of the building based on the rate for a warehouse. An applicant may submit an independent study to document unique demand indicators for a particular development. The independent study must be prepared by a professional engineer or certified planner and use the same type of input variables as those in the transportation impact fee methodology. The independent fee study will be reviewed by Town staff and can be accepted as the basis for a unique fee calculation. If staff determines the independent fee study is not reasonable, the applicant may appeal the administrative decision to elected officials for their consideration. 23 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 112 of 50: Vail Transportation Impact Fees 1/9/17 APPENDIX C: REFERENCES Been, Vicki. 2005. "Impact Fees and Housing Affordability", Cityscape: Journal of Policy Development and Research, Vol. 8, No. 1, 139-185. Blanton, Whit. 2000. "Integrating Land Use and Transportation" Planning Commissioners Journal, Number 40: 9-13. Bochner, Brian, Kevin Hooper, and Benjamin Sperry. 2010. "Improving Estimation of Internal Trip Capture for Mixed -Use Development" ITE Journal 80(8): 24-28, 33. Cherry, Nathan and Kurt Nagle. 2009. Grid /Street/Place: Essential Elements of Sustainable Urban Districts. American Planning Association Planners Press. Currans, Kristina and Kelly Clifton. 2015. "Using Household Travel Surveys to Adjust ITE Trip Generation Rates" Journal of Transport and Land Use, Vol. 8, No. 1, pp. 85-119. Daisa, James and Terry Parker. 2009. "Trip Generation Rates for Urban Infill Land Uses in California" ITE Journal. Daisa, James, M. Schmitt, P. Reinhofer, K. Hooper, B. Bochner and L. Schwartz. 2013. "Trip Generation Rates for Transportation Impact Analyses of Infill Developments" Transportation Research Board NCHRP Report 758. Downs, Anthony. 1992. Stuck in Traffic: Coping with Peak Hour Traffic Congestion. Washington, D.C.: Brooking Institute. Dumbaugh, Eric, and Robert Rae. 2009. "Safe Urban Form: Revisiting the Relationship Between Community Design and Traffic Safety." Journal of the American Planning Association 75(3): 309-329. Ewing, Reid, Eric Dumbaugh and Mike Brown. 2003. "Internalizing Travel by Mixing Land Uses" Transportation Research Record 1780. Ewing, Reid and Robert Cervero. 2010. "Travel and the Built Environment" Journal of the American Planning Association, 76:3, 265-294. Frank, Lawrence and Gary Pivo. 1992. "Impacts of Mixed Use and Density on Utilization of Three Modes of Travel: Single -Occupant Vehicle, Transit, and Walking" Transportation Research Record 1466. Frank, Lawrence. 1994. Analysis of Relationships Between Urban Form and Travel Behavior. PhD Dissertation, University of Washington. Frank, Lawrence. 2000. "Land Use and Transportation Interaction: Implications on Public Health and Quality of Life" Journal of Planning Education and Research 20, 6-22. 24 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 113 of 50: Vail Transportation Impact Fees 1/9/17 Giuliano, Genevieve. 1989. "New Directions for Understanding Transportation and Land Use" Environment and Planning A, Volume 21: 145-159. Hanson, Susan, and Genevieve Giuliano, eds. 2004. Geography of Urban Transportation. Guilford Press. Holian, Matthew and Matthew Kahn. 2012. Impact of Center City Economic and Cultural Vibrancy on Greenhouse Gas Emissions from Transportation. Mineta Transportation Institute, Report 11-13. Jacobs, Allan. 2001. Great Streets (sixth edition). Massachusetts Institute of Technology Press. Jones, David. 1985. Urban Transit Policy: An Economic and Political History. Prentice -Hall. Englewood Cliffs, NJ. Layton, Colleen, Tawny Pruitt and Kim Cekola (editors). 2011. Economics of Place: The Value of Building Communities Around People. Michigan Municipal League. Leinberger, Christopher. 2009. The Option of Urbanism: Investing in a New American Dream. Island Press. Litman, Todd. 2015. Analysis of Public Policies that Unintentionally Encourage and Subsidize Urban Sprawl. Victoria Transportation Policy Institute. Mathur, Shishir and Adam Smith. 2012. Decision -Support Framework for Using Value Capture to Fund Public Transit: Lessons from Project -Specific Analyses. Mineta Transportation Institute, College of Business, San Jose State University. Moore, Terry, and Paul Thorsnes. 1994. The Transportation/Land Use Connection. Planning Advisory Service Report no. 448/449. Chicago: American Planning Association. Moore, Terry, Paul Thorsnes and Bruce Appleyard. 2007. The Transportation/Land Use Connection (new edition). PAS Report 546-47. Chicago, IL: American Planning Association. Myers, Dowell (editor). 1990. Housing Demography: Linking Demographic Structure and Housing Markets. Madison, WI: University of Wisconsin Press. Nelson, Arthur, ed. 1988. Development Impact Fees. Chicago: Planners Press. Nelson, Arthur, Casey Dawkins and Thomas Sanchez. 2007. Social Impacts of Urban Containment. Ashgate Publishing Limited. Nelson, Arthur, Liza Bowles, Julian Juergensmeyer, and James Nicholas. 2008. A Guide to Impact Fees and Housing Affordability. Island Press. 25 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 114 of 50: Vail Transportation Impact Fees 1/9/17 Nelson, Arthur. 2013. Reshaping Metropolitan America: Development Trends and Opportunities to 2030. Island Press. Nelson / Nygaard Consulting Associates. 2005. Crediting Low -Traffic Developments. Nicholas, James, Arthur Nelson, and Julian Juergensmeyer. 1991. A Practitioner's Guide to Development Impact Fees. Chicago: Planners Press. Pucher, John and Lefevre, Christian. 1996. The Urban Transportation Crisis. London: MacMillan Press. Reconnecting America. 2008. Capturing the Value of Transit. Federal Transit Administration. Reid Ewing, Michael Greenwald, Ming Zhang, Jerry Walters, Mark Feldman, Robert Cervero, Lawrence Frank, and John Thomas. 2011. "Traffic Generated by Mixed -Use Developments: Six - Region Study Using Consistent Built Environmental Measures" Journal of Urban Planning and Development 137(3): 248-61. Resource Systems Group, Fehr & Peers, Robert Cervero, Kara Kockelman, and Renaissance Planning Group. 2012. Effect of Smart Growth Policies on Travel Demand. Strategic Highway Research Program 2 Report S2 -C16 -RR -1. Transportation Research Board of the National Academies. Ross, Catherine and Anne Dunning. 1997. Land Use Transportation Interaction: An Examination of the 1995 NPTS Data. Georgia Institute of Technology. Schiller, P., E. Bruun, and J. Kenworthy. 2010. Introduction to Sustainable Transportation: Policy, Planning, and Implementation. Earthscan. Schneider, Robert, Susan Handy and Kevan Shafizadeh. 2014. "Trip Generation for Smart Growth Projects" Access 45, University of California Transportation Center. Seggerman, Karen, Kristine Williams, Pei -Sung Lin, and Aldo Fabregas. 2009. Evaluation of the Mobility Fee Concept. Center for Urban Transportation Research, University of South Florida. Shoup, Donald. 2011. High Cost of Free Parking. American Planning Association. Speck, Jeff. 2012. Walkable City: How Downtown Can Save America, One Step at a Time. Farrar, Straus and Giroux. Steiner, Ruth, and Siva Srinivasan. 2010. VMT-Based Traffic Impact Assessment: Development of a Trip Length Model. Center for Multimodal Solutions at the University of Florida. Transportation Research Board. 1994. Curbing Gridlock: Peak -Period Fees to Relieve Traffic Congestion. Washington, DC: National Academy Press Special Report 242. 26 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 115 of 50; Vail Transportation Impact Fees 1/9/17 Transportation Research Board. 2001. Making Transit Work. National Academy Press Special Report 257. Transportation Research Board. 2009. Driving and the Built Environment. National Academy Press Special Report 298. Urban Land Institute and National Multi Housing Council. 2008. Getting Density Right: Tools for Creating Vibrant Compact Development. Vuchic, Vukan. 2000. Transportation for Livable Cities. New Brunswick, NJ: Rutgers University Center for Urban Policy Research. 27 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING June 20, 2017 - Page 116 of 50; Development Name Address Building Type Permit Number(s) 103 Rockledge Rosenbach Road NSFR (new single family) B15-0041 F16-0027 E16-0122 A16-0044 DRB 140278 DRB 150325 PEC140034 DRB 150053 DRB 1500431 DRB140189 DRB 16-0275 DRB 16-0276 Remmert NSFR (new single 5147 Gore Circle family) B16-0229 E16-0123 F16-0067 A16-0073 DRB 16-0133 DRB 16-0178 DRB 17-0122 Gerardi 2705 Bald Mountain Road Addition to existing B16-0400 DRB 16-0263 Mountain CI Holdings 2755 Snowberry NDUP (new Drive duplex) B15-0020 B15-0021 A15-0021 A15-0022 F15-0081 F15-0082 DRB 140538 DRB 150443 DRB 150444 DRB 16-0179 ADM 16-0006 Project Valuation 9,105,064 34,959 668,000 2,500 9,810,523 1,010,000 23,500 30,000 4,500 1,068,000 300,000 300,000 778,200 1,166,040 4,500 4,500 23,500 23,500 Development Review Process Matrix Permit Fees Due (excluding Use Tax Construction Recreation Use Tax Paid Fees 83,323 1,918 1184.5 381.75 650 650 20 650 20 20 0 0 332,443 2,030 88,817 332,443 2,030 10,705 667 1,707 457 650 20 20,000 554 14,205 20,000 554 3,909 300 5,800 120 4,209 5,800 120 10,417 13,623 457 457 1,431 1,431 650 20 20 20 100 15,364 23,121 752 790 Permit % of Project Fees Paid Valuation 415,765 1,918 1,185 382 650 650 20 650 20 20 421,259 31,259 667 1,707 457 650 20 4.29% 34,760 9,829 300 3.25% 10,129 25,781 36,744 457 457 1,431 1,431 650 20 20 20 100 3.38% S:\Community Development\Boards\Planning Environmental Commission\PEC Meetings 2017\050817\PEC17-0008 Traffic Impact Fee\PEC17-0008 Copy of Devel1gahZnt review matrix_impact fees_2017-0502 June 20, 2017 - Page 117 of 503 Housing Fee In Lieu Payment(2009 values Traffic Impact Fee Actual/ Existing Proposed AIPP 9,686 9,686 9,686 9,686 14,900 Proposed Total Project Costs (includes permit fees due; proposed - hsg mitigation fee, use tax, rec fees, % of Project bonds/DIA, Impact Fees) Valuation 432,976 4.41% 44,446 4.16% 10,129 3.38% 05/04/2017 Development Name Address Building Type Permit Number(s) 705 West NCOM (new Lion Lionshead Cr commercial) B11-0496 A15-0012 A16-0006 D14-0002 DRB 140041 DRB 140375 DRB 150044 DRB 150490 DRB 160036 F15-0069 PEC130044 PEC140029 PEC140030 PEC150006 PEC150007 ADM 17-0004 ADM 17-0006 PW Solaris 143 East Meadow NCOM (new Dr commercial) DEV05-0003 (exclude PRJ04- PRJ05-0569 A09-0026 A09-0034 A09-0057 ADM 100004 ADM 100005 ASB07-0002 B07-0275 D07-0001 DRB050640 DRB070314 DRB070392 DRB070551 DRB080580 DRB090096 DRB 100033 DRB 100072 DRB 100107 DRB100168 DRB100174 DRB 100342 DRB 100375 DRB 110004 DRB 110076 E07-0288 E07-0366 E08-0027 E08-0102 S:\Community Development\Boards\Planning Environmental Commission\PEtIZ Project Valuation 2,000,240 90,151,250 443,277 22,500 111,000 540,264 91,268,291 4,200 1,764,092 9,900 14,500 92,299,893 540,000 85,000 7,200 6,200 17,866,000 25,000 Permit Fees Due (excluding Construction Use Tax Use Tax Paid 28,625 38,485 Recreation Fees 1,542 888,455 16,911 1,132 1,854 20 20 20 20 70 23,393 650 800 650 800 650 100 100 11,813 1,805,045 310,818 947,458 1,805,045 310,818 399 66,385 4,001 100 100 116 677,711 5,652 650 20 20 20 20 97 20 124 20 67 50 20 20 62 20 1,821 179 1,345 349,023 181,532 008 Traffic ImpaGeae\PEC17-0008 Copy of Deve1201Znt revi June 20, 2017 - Page 118 of 503 % of Permit Project Fees Paid Valuation 67,110 3.36% 3,004,318 16,911 1,132 1,854 20 20 20 20 70 23,393 650 800 650 800 650 100 100 11,813 3,063,321 399 66,385 4,001 100 100 116 859,242 5,652 650 20 20 20 20 97 20 124 20 67 50 20 20 62 20 1,821 179 1,345 349,023 669 3.36% Housing Fee In Lieu Payment(2009 values Actual/ Existing Proposed AIPP 14,900 273,000 45,077 70,000 273,000 45,077 70,000 7,629,918 19,500 359,700 1,100, 000 Total Project Costs (includes permit fees due; proposed - hsg mitigation fee, use tax, rec fees, % of Project bonds/DIA, Impact Fees) Valuation 83,551 4.18% 3,178,398 3.48% Development Name Address Building Type Permit Number(s) F08-0063 F08-0881 M08-0080 M08-0280 M09-0031 M09-0059 M09-0155 M09-0165 M10-0071 M10-0114 P08-0027 PEC050093 PEC050094 PEC050095 PEC070004 PEC070005 PEC070035 PEC070082 PEC080068 PEC090003 PEC090026 PEC100010 PEC100029 P W 07-0046 P W 07-0047 P W 07-0064 P W 07-0065 P W 07-0147 P W 07-0200 P W 07-0201 P W 07-0245 P W 07-0246 P W 07-0307 P W 08-0090 P W 08-0091 P W 08-0102 P W 08-0109 P W 08-0124 P W 08-0130 P W 08-0202 P W 08-0206 P W 08-0242 P W 08-0243 P W 08-0275 P W 08-0324 P W 08-0325 P W 08-0345 P W 09-0010 P W 09-0026 P W 09-0041 P W 09-0045 P W 09-0048 P W 09-0049 P W 09-0051 P W 09-0054 S:\Community Development\Boards\Planning Environmental Commission\FWIQZ72 Project Valuation 1,798,000 55,000 10,060,090 22,000 377,901 96,800 32,294 478,000 350,000 7,000 7,222,948 Permit Fees Due (excluding Use Tax 76,765 2,688 251,529 1,114 9,454 2,429 829 11,954 8,755 180 135,435 6,000 650 1,300 1,250 650 1,250 1,000 1,000 1,250 1,250 1,300 500 1,218 218 2,670 4,730 220 220 21,482 50 13,981 445 150 500 700 150 150 784 250 250 150 21,532 2,170 213 150 888 Construction Recreation Use Tax Paid Fees 150 - 008 Traffic I4a5f'e\PEC17-0008 Copyof DevelbOZnt revi June 20, 2017 - Page 119 of 503 Permit Fees Paid 76,765 2,688 251,529 1,114 9,454 2,429 829 11,954 8,755 180 135,435 6,000 650 1,300 1,250 650 1,250 1,000 1,000 1,250 1,250 1,300 500 1,218 218 2,670 4,730 220 220 21,482 50 13,981 445 150 500 700 150 150 784 250 250 150 21,532 2,170 213 150 888 150 1,540 % of Project Valuation Housing Fee In Lieu Payment(2009 values Actual/ Existing Proposed AIPP Total Project Costs (includes permit fees due; proposed - hsg mitigation fee, use tax, rec fees, % of Project bonds/DIA, Impact Fees) Valuation Development Name Address Building Type Permit Number(s) P W 09-0079 P W 09-0080 P W 09-0089 P W 09-0090 P W 09-0102 P W 09-0126 P W 09-0140 P W 09-0169 P W 09-0190 P W 09-0191 PW 10-0006 PW 10-0007 P W 10-0010 P W 10-0012 P W 10-0013 P W 10-0015 P W 10-0017 PW 10-0023 PW 10-0027 PW 10-0039 PW 10-0085 PW 10-0097 PW 10-0098 PW 10-0099 PW 10-0101 PW 10-0127 P W 10-0132 P W 10-0135 P W 10-0148 P W 10-0149 P W 10-0150 PW 10-0151 P W 10-0152 P W 10-0153 P W 10-0167 P W 10-0168 P W 10-0189 P W 10-0190 PRJ06-0492 DRB060504 PRJ06-0530 B06-0348 DRB 110097 PRJ07-0163 DRB070172 PRJ08-0247 PEC080034 PEC080075 PRJ08-0417 B08-0287 DRB 100233 E09-0131 F09-0056 M09-0105 P09-0062 S:\Community Development\Boards\Planning Environmental CRPARa Meetings 2 Project Valuation 500 1,675,000 257,238 3,700 190,000 110,000 Permit Fees Due (excluding Construction Recreation Use Tax Use Tax Paid Fees 12,959 505 150 150 250 100 100 150 320 175 1,700 600 2,405 1,140 150 540 900 845 470 500 2,145 250 172 500 450 800 3,100 578 859 2,612 56 65 62 110 1,250 500 13,949 55 15,417 507 4,754 2,067 008 Traffic Impact Fee\PEC17-0008 Copy of DevekbitufiZnt revi June 20, 2017 - Page 120 of 503 % of Permit Project Fees Paid Valuation 12,959 505 150 150 250 100 100 150 320 175 1,700 600 2,405 1,140 150 540 900 845 470 500 2,145 250 172 500 450 800 3,100 578 859 2,612 56 65 62 110 1,250 500 13,949 55 15,417 507 4,754 2,067 Housing Fee In Lieu Payment(2009 values Actual/ Existing Proposed AIPP Total Project Costs (includes permit fees due; proposed - hsg mitigation fee, use tax, rec fees, % of Project bonds/DIA, Impact Fees) Valuation Development Name Address Building Type Permit Number(s) B09-0010 E09-0024 M10-0018 P10-0008 PRJ09-0024 B09-0011 DRB 100621 E09-0025 F10-0066 M10-0165 P10-0119 PRJ09-0034 B09-0016 DRB 100308 DRB 100507 E09-0130 F10-0017 M09-0104 P09-0061 PEC100045 PEC100049 PRJ09-0040 B09-0021 E09-0256 M09-0243 P09-0163 PRJ09-0305 B09-0170 A09-0070 E09-0208 F09-0048 M09-0214 P09-0150 PRJ09-0657 B10-0014 E10-0001 M10-0003 M10-0020 P10-0002 PRJ09-0669 Al 0-0025 B09-0347 DRB 1000351 DRB 100431 E10-0012 F10-0005 M10-0023 PRJ09-0682 A10-0010 B09-0352 DRB 100157 El 0-0002 F10-0006 M10-0007 S:\Community Development\Boards\Planning Environmental \FIMNIIPe Project Valuation 167,875 6,471 32,272 24,693 53,920 6,471 1,892 2,500 1,500 1,576,500 795,336 2,200 256,000 155,000 983,125 146,000 13,700 3,200 249,500 4,000 152,000 640 60,000 40,000 116,000 13,900 14,500 2,000 15,100 1 25,000 16,000 2,497 11,000 4,500 65,500 12,491 1,500 29,115 Permit Fees Due (excluding Use Tax 2,273 157 829 473 1,112 56 157 512 79 42 13,228 60 62 16,158 526 6,404 2,910 200 1,300 9,243 1,798 355 79 3,030 438 62 377 1,504 754 1,792 177 379 54 304 288 1,060 60 56 497 538 279 457 1,362 65 326 496 754 008 Traffic Impalfae\PEC17-0008 Copy of Devel5OZnt revi Construction Recreation Use Tax Paid Fees June 20, 2017 - Page 121 of 503 Permit Fees Paid 2,273 157 1,112 56 157 512 79 42 13,228 60 62 16,158 526 6,404 2,910 200 1,300 9,243 1,798 355 79 3,030 438 62 377 1,504 754 1,792 177 379 54 304 288 1,060 60 56 497 538 279 457 1,362 65 326 496 754 190 % of Project Valuation Housing Fee In Lieu Payment(2009 values Actual/ Existing Proposed AIPP Total Project Costs (includes permit fees due; proposed - hsg mitigation fee, use tax, rec fees, % of Project bonds/DIA, Impact Fees) Valuation Development Name Address Building Type Permit Number(s) P RJ 10-0023 A10-0013 Al 0-0026 B10-0008 DRB 100353 E10-0018 F10-0018 M10-0033 P10-0015 P RJ 10-0039 B10-0015 El 0-0068 M10-0039 P10-0016 P RJ 10-0081 Al 0-0024 Al 0-0045 B10-0034 DRB 100372 El 0-0028 F10-0015 M10-0058 P10-0066 P RJ 10-0160 Al 0-0044 B10-0085 DRB100410 DRB 100632 El 0-0065 F10-0045 M10-0105 M10-0112 P10-0080 P RJ 10-0171 Al 0-0073 B10-0093 DRB 100273 E10-0181 F10-0044 M10-0166 P10-0120 P RJ 10-0174 A11-0010 B10-0095 E10-0146 F11-0009 F11-0018 M10-0091 P10-0067 P RJ 10-0298 E10-0134 P RJ 10-0323 A10-0091 B10-0154 DRB 100588 S:\Community Development\Boards\Planning Environmental Commission\PEt:lj0 Project Valuation 4,875 1 270,000 38,500 1,564 30,000 14,000 96,000 14,600 900 800 3,910 2,000 75,000 22,000 1,750 19,000 3,906 6,184 62,000 25,000 3,375 26,000 2,500 2,500 2,323 296,625 39,000 4,125 28,400 1,000 2,475 280,500 33,600 2,080 4,600 49,100 38,300 2,500 2,850 71,000 16,449 Permit Fees Due (excluding Construction Recreation Use Tax Use Tax Paid Fees 471 288 3,324 56 934 498 754 267 1,762 478 29 23 435 363 1,355 56 611 506 479 79 520 1,315 56 56 668 575 974 79 60 375 3,465 56 934 607 729 23 381 3,941 1,461 520 628 2,365 1,541 385 395 1,309 - 56 008 Traffic ImpAtlfebe\PEC17-0008 Copy of DevelOguhZnt revi June 20, 2017 - Page 122 of 503 % of Permit Project Fees Paid Valuation 471 288 3,324 56 934 498 754 267 1,762 478 29 23 435 363 1,355 56 611 506 479 79 520 1,315 56 56 668 575 974 79 60 375 3,465 56 934 607 729 23 381 3,941 1,461 520 628 2,365 1,541 385 395 1,309 56 516 Housing Fee In Lieu Payment(2009 values Actual/ Existing Proposed AIPP Total Project Costs (includes permit fees due; proposed - hsg mitigation fee, use tax, rec fees, % of Project bonds/DIA, Impact Fees) Valuation Development Name Address Building Type Permit Number(s) F10-0054 M10-0152 PRJ10-0337 Al 0-0075 B10-0161 DRB 100236 DRB 100237 E10-0176 F10-0059 M10-0134 P10-0110 P RJ 10-0407 Al 0-0072 B10-0201 DRB 100424 E10-0210 F10-0065 M10-0172 P RJ 10-0513 B10-0271 E 10-0248 F10-0078 M10-0232 P10-0158 P RJ 10-0570 A10-0108 B10-0306 DRB 100628 E 10-0308 F10-0077 M10-0256 P10-0170 P RJ 10-0702 A10-0107 B10-0382 DRB 100586 E 10-0309 F10-0097 M10-0267 Project Valuation 4,800 35,000 2,647 213,000 28,000 3,500 19,200 8,000 1,876 54,800 15,000 1,720 4,000 36,300 4,500 4,500 800 2,300 2,020 75,500 17,000 1,925 3,100 4,900 240 100,000 50,000 1,875 8,400 142,728,549 Permit Fees Due (excluding Use Tax 636 879 387 2,688 56 20 725 581 504 154 358 1,125 56 478 505 105 851 289 623 49 60 364 1,366 56 516 514 104 98 472 1,645 62 1,143 512 229 Construction Recreation Use Tax Paid Fees 1,904,868 181,532 Permit Fees Paid 636 879 387 2,688 56 20 725 581 504 154 358 1,125 56 478 505 105 851 289 623 49 60 364 1,366 56 516 514 104 98 472 1,645 62 1,143 512 229 % of Project Valuation 2,085,097 1.46% S:\Community Development\Boards\Planning Environmental Commission\PEC Meetings 2017\050817\PEC17-0008 Traffic Impact Fee\PEC17-0008 Copy of DevelbpfiZnt review matrix_impact fees_2017-0502 June 20, 2017 - Page 123 of 503 Housing Fee In Lieu Payment(2009 values Actual/ Existing Proposed AIPP 7,629,918 19,500 359,700 1,100,000 Total Project Costs (includes permit fees due; proposed - hsg mitigation fee, use tax, rec fees, % of Project bonds/DIA, Impact Fees) Valuation 11,176,017 7.83% 05/04/2017 ATTACHMENT D Transportation Impact Fee Schedule (January 2017 -Original) Maximum Supportable Transportation Impact Fees Residential (oer housina unit) Attached in Core Area Attached Outside Core Detached Detached Detached Detached Detached Detached Detached Detached Detached Detached Detached Detached Detached Detached Detached Hotel (per room) Heated Sq Ft all sizes all sizes 2099 or less 2100 to 2399 2400 to 2699 2700 to 2999 3000 to 3299 3300 to 3599 3600 to 3899 3900 to 4199 4200 to 4499 4500 to 4799 4800 to 5099 5100 to 5399 5400 to 5699 5700 to 5999 6000 to 6299 6300 or more Hotel in Core Area Hotel Outside Core Nonresidential (per square foot of floor area) $5,960 $7,450 $8,195 $8,444 $8,692 $9,686 $9,686 $9,934 $9,934 $10,182 $10,182 $5,960 $7,450 June 20, 2017 - Page 124 of 50: Transportation Impact Fee Schedule (February 2017, Revised per Council Direction) Maximum Supportable Transportation Impact Fees Residential (per housing unit Attached in Core Area all sizes $5,960 Attached Outside Core all sizes $7,450 Detached 2099 or less $8,195 Detached 2100 to 2599 $8,444 Detached 2600 to 3099 $8,692 Detached 3100 to 3599 $9,189 Detached 3600 to 4099 $9,437 Detached 4100 to 4599 $9,686 Detached 4600 to 5099 $9,934 Detached 5100 to 5599 $10,182 Detached 5600 to 6099 $10,182 Detached 6100 or more $10,431 Hotel (per room) Hotel in Core Area $5,960 Hotel Outside Core $7,450 Nonresidential (per square foot of floor area) Commercial $13.90 Hospital $9.93 Office & Other Services $6.20 Heated Sq Ft Transportation Impact Fee Schedule (May 2017, PEC FINAL RECOMMENDATION) Maximum Supportable Transportation Impact Fees Residential Dwellings (per Unit) Dwelling, Two Family or Multiple Family (In the Core Area) $ 5,960.00 Dwelling, Two Family or Multiple Family (Outside the Core Area) $ 7,450.00 Dwelling, Single Family $ 9,686.00 Employee Housing Unit $0 Accommodation Unit (per Unit) Accommodation Unit (In Core Area) $ 5,960.00 Accommodation Unit (Outside Core Area) $ 7,450.00 Commercial (per square foot of floor area) Restaurant & Retail Establishments $ 13.90 Facilities Health Care $ 9.93 Office & Other Services $ 6.20 June 20, 2017 - Page 125 of 50: MINN VaiLi PLANNING AND ENVIRONMENTAL COMMISSION May 8, 2017, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road -Vail,Colorado, 81657 (Note: This is not a copy of the full results of the entire meeting of May 8, 2017. These results are provided only for the review of the proposed Transportation Impact Fee. Please contact the Community Development Department for a complete copy of the results of this meeting, which includes other projects and applications.) 5. A request for a recommendation to the Vail Town Council for a zoning text amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 26, Traffic Impact Fee, and setting forth details in regard thereto. (PEC17-0008) Applicant: Town of Vail, represented by Tom Kassmel Planner: Chris Neubecker Motion #1: Table to May 22, 2017 First: Gillette Second: Stockmar (Opposed: Rediker, Lockman, Perez, Hopkins, Kurz) Vote: 2-5 Motion #2: Forward recommendation of approval, with condition to amend the language as previous suggested by Perez, to exempt remodels on residential units, and the fee shall be set by Town Council "on a rational basis". First: Lockman Second: Kurz (Opposed: Rediker, Perez, Gillette, Stockmar) Vote: 3-4 Motion #3: Forward recommendation of approval, as the ordinance is currently proposed in staff memo. First: Lockman Second: Kurz (Opposed: Gillette, Stockmar, Perez) Vote: 4-3 Neubecker introduced the application. This item was heard a few weeks ago, and tabled to today to allow more research. He presented a development fees matrix showing all of the fees and taxes paid in the development review process. He also discussed why the fee is not based on parking, as suggested by the PEC. Draft ordinance has been modified to simplify, and removing some definitions already in the code. Recommendation is to proceed as previously presented. Lockman: Asked how the fees will be set. Neubecker: Fees are adjusted each year by resolution, rather than require it to be amended by ordinance. This process saves time. Tom Kassmel, Town Engineer, reintroduced the project. Codifying the fee was requested by Town Council. For the past 17 years, the Town has been working with developers on agreements to pay the fee on development in limited zone districts (LMU-1 LMU-2, PA -1 June 20, 2017 - Page 126 of 50; PA -2), for only limited types of development. State law requires a rational nexus study, and requires the fees to be applied equally to all zone districts. The fee has been simplified to be based on number of new units, not based on square feet. The sales tax increase that would be required to collect the same amount of revenue would be 0.13%. Gillette: What is current sales tax? What is process to change the tax rate? Kassmel: Current Town of Vail sales tax rate is 4%. To change this would require a vote of the public. Stockmar: Asked about difference in the table on Page 7, which requires no fee for EHUs. This does not match table on page 9. Kassmel: Differences are based on the fee that would be required, if EHUs were required to pay a fee. Town Council decided to waive that fee. The waived fee can not be spread out and paid by other development types. Staff also researched basing the fee on parking. TishlerBise recommended against this fee basis. Parking rates are different in different zones, and single family developments would have to pay significantly more. Stockmar: The shape of Vail is odd. Other communities don't have the same transportation issues, based on the shape of our town. Kassmel: Fee is based on the Town of Vail, based on study by TishlerBise. He compared other communities' fees. Pitkin County is most similar to Vail. Fees are based on what revenue is needed to complete Vail's needed transportation projects. Gillette: He compared the proposed fees to those in Eagle County. We are shoving this fee down the throats of those that have not yet developed. We should be more comparable to Eagle County. Kassmel: If we allow no more development than we have today, there would be no need for these transportation projects. Gillette: What did The Lion pay, and what would be due under the proposed fee? Kassmel: The Lion valuation was $90 million, and paid total fees of $3 million. Actual traffic impact fee was $273,000. Proposed fee would be $45,000, based on number of new units. Solaris was $142 million project; total permit fees were about $2 million, plus employee housing fees. Solaris paid about $20,000 in traffic impact fee. New fee would be about $360,000. This is based on "net new" development. Lockman: Why the disparity between what was paid at Solaris, versus what would be due? Kassmel: Proposed fees are based on net new. The previously development at Solaris had a larger theater, many of the restaurant uses were reduced in size. Previous development at this location also had a grocery store. It's helpful to developer to have a fee schedule that is predictable. Discussed the fees paid at various other developments, including single family. Lockman: A prescriptive fee basis is easier for everyone to understand. June 20, 2017 - Page 127 of 50: Perez: Why is 12% of revenue shown coming from employee housing, but you propose to exempt employee housing? Why are we exempting employee housing? It still has an impact on transportation. This creates a larger burden on the developments. Kassmel: Town Council requested to subsidize employee housing. We have a difficult enough time getting employee housing built. Gillette: State law limits the types of project that can be exempt. Employee housing is one of them. Kassmel: These are the maximum fees. Council could cut the fees across the board. We could exempt certain fees, but then Town would have to come up with the revenue from another source. Rediker: Do these fees automatically increase each year? Neubecker: No. Staff will need to take this to Town Council each year as a resolution to change the fees. Perez: In the ordinance, it does not exempt remodels. Redevelopment implies a remodel. Want to ensure that residential remodels are exempt. Can we add a line to clarify this? Also, want to add language that states that the fee is set by resolution of the Town Council "on a rational basis". Also, clarify that no transportation impact fee shall be assed on a residential remodel. Also, concerned that the definitions of residential development, commercial development and project were removed from the ordinance. Kassmel: Those definitions are already in the code. Gillette: Fee is based on adding a dwelling unit. If it's not broken, don't fix it. This is a community wide problem, and should be spread -out over the entire community. $20 million over 25 years is nothing for this community, but it's a big impact on a developer. Stockmar: This is a regressive fee, paid only by a small number of people in the community. The answer is probably a sales tax. It would be fair, and paid by people including visitors. Hopkins: What are some of the projects this revenue will be used for? Stockmar: Can't be used for maintenance. Sales tax would not limit how we use the money. Kassmel: Money can only be used for infrastructure projects. Gillette: We don't need this fee. It has worked up until now. Some of the projects we have done are not necessary. Lionhead bus shelter on Frontage Road does not get used. This is money we don't need. Rediker: Why distinguish between inside and outside the core? Kassmel: Fee is based on the Transportation Master Plan. It's based on the amount of traffic generated by different types of uses. It considers multi -modal uses and trips. People June 20, 2017 - Page 128 of 50: in the core can walk to more shops and restaurants. Rediker: People from the core still drive to the grocery store. Kassmel: This is based on ITE trip rates. On average, people who stay in the core drive less. Perez: What about those that stay at the Ritz and ride the shuttle? They probably take more trips. Kassmel: This is based on averages. Based on what we see from a traffic generation standpoint. Public Comment — None Neubecker: If there is a motion for approval, please include any suggested change to the ordinance in your motion. Stockmar: Why was Town Council reticent to use a sales tax? Kassmel: Not sure if sales tax was discussed. This method of collecting fees is widely used. Perception is that new development causes the need for these projects. This method of revenue has been in discussions with Council for several years to codify this fee, and legally we should follow the recommendations of study. Gillette: Asked if we could just codify the fee as it is in place today. Asked how much revenue could be collected if we codified current fee in the zone districts where the fee exists today. The revenue proposed is not enough compared to the animosity this will create. If it's not broke, don't fix it. Kassmel: Depends on how much new development happens in those few districts that currently have the fee. Stockmar: Let's look at the rational relationship to the fee and impacts. Because of the geography and shape of the Town, a huge burden is placed on the transportation system from those living in East Vail. Would like to find more rational way to find the funding. Frustrated that state law does not allow revenue to be used for maintenance. Would like to look into this more thoroughly, or would support a sales tax which is more equitable. Gillette: If proposed legislation more mirrored the system we have in place, that should satisfy the town attorney. We have always found the money needed in the past. Don't burden the developer more that we already have. Kassmel: Suggested that the PEC could make a recommendation, with an alteration to the ordinance. For example, you could recommend exempting single family and duplexes, in addition to employee housing. Council would need to agree to subsidize these uses. Gillette: System is working now. Town looks great, staff does a great job. That's how know that it's working now. Kurz: I was previously involved in looking into this issue, in another role in this room. I'm June 20, 2017 - Page 129 of 50: not yet at a point to recommend approval. Perez: Not ready to go to Council; still lot of work to be done. Need to research inside fees inside core vs. outside core, and if it should apply to single family development. Lockman: Agree with proposal as -is. The due diligence has been done. This has already been worked to death. Council wants a fee, not a sales tax. As proposed, net new development pays for the impacts. Other Town revenue will be used for other projects. This will codify a fee that has been vague. Rediker: Agree with Lockman. We are ready to send this forward to Council. Burden on development is minimal compared to impacts of new growth. Not in favor of increasing sales tax. Colorado legislature has determined that this is a fair and equitable way to raise revenue. Perez: Not sure we should have different fees inside the code vs. outside the core. Why do we distinguish? Assumption is that people in the core take public transportation Neubecker: This is based on traffic studies by traffic engineers. In a walkable situation like Vail Village, people drive less. Study is based on national studies and averages. Kassmel: Study is based not on specific properties in Vail, but for example based on resort hotels in general, for example. Stockmar: Is there any community in county, similar to Vail in geography? That layout impacts trips and how the revenue is raised. Others have likely faced a similar situation. I'm on the fence, and need more information. Kassmel: We are OK with tabling. We want to get you the information you need. Lockman: How many undeveloped residential lots are in the core area? Kurz: My concerns have largely been answered. I will move forward to recommend approval. Perez: We have a motion on the table. Rediker — Voted against the motion (#2), because I do not believe the proposed ordinance needs to be revised. June 20, 2017 - Page 130 of 50: TOWN OF VAIL. Memorandum To: Planning and Environmental Commission From: Community Development Department Date: May 8, 2017 Subject: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 26, Transportation Impact Fee, and setting forth details in regard thereto. (PEC17- 0008) Applicant: Town of Vail, represented by Tom Kassmel Planner: Chris Neubecker I. SUMMARY The applicant, the Town of Vail, represented by Tom Kassmel, Town Engineer, is requesting a recommendation to the Vail Town Council for a prescribed regulations amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 26, Transportation Impact Fee, and setting forth details in regard thereto. Based upon staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulations amendment. II. DESCRIPTION OF REQUEST The Vail Transportation Impact Fee is intended to ensure that applicants for new developments pay for the transportation related impacts caused by the development. In order to codify this fee, the Town Council has requested the adoption of a new chapter within Title 12 of the Vail Town Code. The Town of Vail has hired the consulting firm TischlerBise to develop an updated Transportation Impact Fee by providing a nexus study to show the connection between new development and the need for new transportation projects (Attachment A). The proposed regulation amendment is intended to codify the traffic mitigation fee, help fund June 20, 2017 - Page 131 of 50: future transportation related projects as identified in the Vail Transportation Master Plan, and allow new development to "pay its way". The 2009 Vail Transportation Master Plan Update recommends completion of a nexus study in order to determine the impacts of development on the Town's transportation infrastructure and recommends codifying the impact fee, including adjusting the fee based on the new transportation needs and cost information. Specifically, the Plan Update states: Complete the Nexus study in 2009 for a traffic impact fee to codify the current practice and adjust the fee if desired based on the new transportation need and cost information Over the past year there have been multiple discussions with the Town Council regarding the codification of a Transportation Impact Fee; the Town Council has directed staff to move forward with the codification process based on the most recent nexus study developed by TischlerBise. The Planning and Environmental Commission's role in the review of the Code language is to make a recommendation on the language that should be incorporated into the Town Code to allow for an implementable Transportation Impact Fee. The PEC may also make a recommendation of an alternate policy for financing the required transportation improvements, but the final determination will be made by Town Council. III. BACKGROUND A Transportation Impact Fee is a development fee assessed to offset costs that a jurisdiction will incur to improve transportation infrastructure as a result of increased traffic from proposed new developments. The Town of Vail has collected mitigating transportation fees for certain development zone districts (including Public Accommodation, Public Accommodation -2, Lionshead Mixed Use -1, and Lionshead Mixed Use -2) since 1999. The fee is not currently a codified amount, but an additional fee agreed upon by the Town and the developer for mitigation of vehicular trip impacts of a proposed development project. In 1999, the fee was set by Town Council to be $5,000 per net new PM peak hour vehicular trip added to Vail's road network. The fee was based on the improvements anticipated by: the Vail Transportation Master Plan; the total anticipated additional vehicular trips at that time; and the probable funding sources including Town of Vail capital funds, CDOT partnering funds, and development impact fees. In 2006, the fee was increased to $6,500 as a direct result of inflation in construction costs, and the fee has not increased since. In 2009 the Town adopted an updated Vail Transportation Master Plan, which included a more detailed and updated estimate of future projected transportation projects and costs. At the same time the Town engaged TischlerBise to develop a nexus study for traffic impact fees that was anticipated to be used to codify a traffic impact fee. The nexus study was completed in 2009, but the Transportation Impact Fee was not Town of Vail Page 2 June 20, 2017 - Page 132 of 50: adopted or codified by the Town Council. The Town Council at the time did not deem it appropriate to burden developers with additional fees during an economic downturn. The nexus study proposed to codify a Transportation Impact Fee based on proposed square footage and net unit increases of all development, not limiting it only to certain zone districts. This would include residential projects, and is typical of nationwide traffic impact fees. The 2009 nexus study identified $134 Million of potential transportation related projects (Traffic, Transit, and Parking), of which $22 Million was identified to be funded from the proposed traffic impact fee. Since the 2009 impact fee was not codified, the Town has continued to rely on development agreements and has not increased the mitigation fee of $6,500 per net new PM vehicular trip generated. The last large development impact fees agreed upon were for The Lion (Lionshead Inn) and the Marriott Residence Inn (The Roost) developments in 2010, and most recently, the Vail Valley Medical Center (VVMC) in 2015. Each used the 2006 fee of $6,500 per net new PM peak hour vehicular trip. The VVMC has agreed to pay any new Transportation Impact Fee adopted prior to the start of construction of the East Phase of the VVMC development, if adopted by the Town Council and uniformly applied town wide. With the resurgence in redevelopment, and the Town's outdated mitigation fee, Council has requested that the Town evaluate adopting an updated Transportation Impact Fee. This past March TischlerBise updated the Transportation Impact Fee Study and presented it to Council. The Town Council then requested formal codification of the Transportation Impact Fee, based on the nexus study and presentations. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code 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. 8. 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 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 Town of Vail Page 3 June 20, 2017 - Page 133 of 50: 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. CRITERIA FOR REVIEW Section 12-3-7 C2 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: 2. Prescribed Regulations Amendment: 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 zoning regulations; and The general purposes of the Zoning Regulations are to promote 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. The proposed Transportation Impact Fee will be used to advance the harmonious development of the town through transportation infrastructure projects that improve safety and facilitate movement of vehicles and pedestrians throughout the town, and help to ensure that the established character of the town remains that of a resort and residential community of high quality. Some of the specific purposes of the Zoning Regulations are to "provide for adequate light, air, sanitation, drainage, and public facilities" and to "promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets." The transportation projects financed with this impact fee will help advance each of these purposes. (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 Vail Comprehensive Plan is a series of master plans and documents, including the 2009 Vail Transportation Master Plan Update. The Master Plan Update specifically mentions the updating of this impact fee as one of the next steps in the Plan: "Complete Town of Vail Page 4 June 20, 2017 - Page 134 of 50: the Nexus study in 2009 for a traffic impact fee to codify the current practice and adjust the fee if desired based on the new transportation need and cost information." The proposed text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan by ensuring fairness and consistency in the development review process. Codifying the impact fee will also ensure that the Town's regulatory and land use documents are updated and current, and provide ease of compliance and enforcement. (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 This is not a new impact fee, but it is a codification and update to an existing fee. Since the adoption of the original fee, the Town completed a nexus study to show the relationship between development projects and the need for new transportation projects. The study identifies an update to the fee as the appropriate manner to finance the costs of new transportation infrastructure projects. The existing regulation is no longer appropriate because of the cost of constructing new transportation infrastructure projects, and because the nexus study has provided an update to the impacts generated by new development. (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 text amendment provides a harmonious, convenient and workable relationship among land uses by requiring the costs of new transportation projects to be paid by the new development that is causing the need for these projects. This is consistent with municipal development objectives by having new development pay for its fair share for the impacts it causes. (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (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 Town of Vail Page 5 June 20, 2017 - Page 135 of 50; (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VI. VAIL CAPITAL PROJECTS As a part of the 2009 Vail Transportation Master Plan and the 2009 Traffic Impact Fee Nexus Study, the Town identified a list of anticipated transportation capital projects that would accommodate projected growth. The project list and projected development growth has been recently updated, and now includes pedestrian and transit oriented projects. The preliminary total 2016 estimated cost of these multimodal projects is approximately $95M over the next 25 years. The cost of these improvements (Attachment C) is anticipated to be partially paid through the impact fee from the development of approximately 2,000 new residential units and approximately 500,000 square feet of new commercial development that is projected for the future of Vail. The project list has broken down the associated fiscal responsibilities, and split them between project specific costs, Transportation Impact Fee costs, and Town of Vail costs or other revenue sources. In order to implement a Transportation Impact Fee, the anticipated transportation projects have been split into two categories, Project level and System level improvements. Project level improvements are directly related to an individual development and its required access. These types of Project level improvements are generally paid for by the individual developer. System level improvements enhance the carrying capacity of the transportation network system -wide and benefit multiple developments. System level improvements directly benefit new development and may also benefit existing users. The Vail Transportation Master Plan Project List includes both Project level and System level improvements. Of the total $95M of total project costs, approximately $20M is considered Project level, and approximately $75M is considered System level. The majority, 72%, or $54M, of the $75M of total System Level project costs will need to be funded by the Town of Vail or other revenue resources; while 28%, or $21 M, should be funded by the Transportation Impact Fee. The anticipated Project Level costs would be paid 100% by the specific project developments, approximately $20M. VII. DRAFT TRANSPORTATION IMPACT FEE STUDY TischlerBise has provided an updated nexus study, The Vail Transportation Impact Fee Study (March 10, 2017), and draft fee schedule for the Town's review. The draft fee schedule is based on anticipated future development, the current estimated cost of the capital projects to accommodate future development, and the appropriate proportioned fiscal responsibility. Since completion of the nexus study, it has been discussed that removing the square footage relationship within the detached unit, single family homes, Town of Vail Page 6 June 20, 2017 - Page 136 of 50: would be beneficial to the implementation of the fee. The proposed revised draft fee schedule is below. Transportation Impact Fee Schedule Maximum Supportable Transportation Impact Fees Residential Dwellings (per Unit) Dwelling, Two Family or Multiple Family (In the Core Area) $ 5,960.00 Dwelling, Two Family or Multiple Family (Outside the Core Area) $ 7,450.00 Dwelling, Single Family $ 9,686.00 Employee Housing Unit $0 Accommodation Unit (per Unit) Accommodation Unit (In Core Area) $ 5,960.00 Accommodation Unit (Outside Core Area) $ 7,450.00 Commercial (per square foot of floor area) Restaurant & Retail Establishments $ 13.90 Facilities Health Care $ 9.93 Office & Other Services $ 6.20 Core Area is defined as per Figure 1 in the Vail Transportation Impact Fee Study (Attachment D) The categories within the Transportation Impact Fee Schedule are further defined below and within Title 12-2-2. Any uses or development types not specifically defined below or within Title 12-2-2 shall be interpreted by the Administrator in accordance with the Vail Transportation Impact Fee Study. Dwelling, Two Family or Multiple Family includes; Dwelling, Two Family Dwelling, Multiple Family Fractional Fee Club Unit Accommodation Unit includes; Accommodation Unit Accommodation Unit, Attached Lodge Dwelling Unit Lodge Unit, Limited Service Timeshare Unit Restaurant and Retail includes; Eating and drinking establishments Retail stores and establishments Theaters Office & Other Services includes; Professional offices, business offices and studios Town of Vail Page 7 June 20, 2017 - Page 137 of 50: Banks and financial institutions Personal services and repair shops Child Daycare Center Health Clubs / Spa Commercial Ski Storage/Ski Club Religious Institutions For comparison, the following cities and counties have adopted impact fees shown within the table below. The closest relating community to Vail is Pitkin County which last had its Road Impact Fee updated in 2013. Transportation Impact Fee Comparison Per Housing Unit Single Family Multifamily Per 1,000 Sq Ft Retail Office National Average (1) $3,228 $2,202 $5,685 $3,430 Durango (1) Ft. Collins 2016 Draft (2) Vail current* Incorporated Areas in Colorado $2,169 $1,298 $3,810 $2,823 $6,217 $4,095 $8,113 $5,977 $0 $2,366 $10,569 $9,685 Proposed in Core Area of Vail (2) Proposed Outside Core Area (2) not applicable $9,686 $5,960 $7,450 $13,900 $13,900 $6,200 $6,200 Counties in Colorado Eagle Co. (1) Jefferson Co. (1) Larimer Co. (2) Pitkin Co. (2) Weld Co. (2) $4,378 $3,034 $9,026 $5,164 $3,276 $2,725 $7,120 $4,790 $3,418 $8,812 $4,726 $9,339 $5,115 $10,910 $5,130 $2,377 $3,296 $2,174 Sources: (1) National Impact Fee Survey by Duncan Associations (2012). Single Family assumes 2,000 square feet. Nonresidential fees per thousand square feet assume a building with 100,000 square feet of floor area. (2) TischlerBise. Single Family in Vail and Pitkin County assumes 4,000 square feet. * Current fees in Vail are based on the net increase in PM Peak Hour vehicle trip ends generated by the entire development, with mitigation limited to certain areas and If the proposed Vail Transportation Impact Fee is adopted, the following is a projection of the amount of funding that would be generated by each development type: Town of Vail Page 8 June 20, 2017 - Page 138 of 50: Development Type Additional Development Units Fee per Development Unit $5,960 $7,450 $5,960 $7,450 $9,686 $5,960 $7,450 $13,900 $9,930 $6,200 Projected Revenue $4,202,000 $4,127,000 $244,000 $2,310,000 $1,162,000 $1,609,000 $760,000 $4,448,000 $1,390,000 $546,000 Percent of Impact Fees 20% 20% 1% 11% 6% 8% 4% 21% 7% 3% Attached Housing Units in Core Area 705 Attached Housing Units Outside Core 554 Employee Housing Units in Core Area 41 Employee Housing Units Outside Core 310 Detached Housing Units 120 Hotel Rooms in Core Area 270 Hotel Rooms Outside Core 102 Commercial KSF 320 Hospital KSF 140 Office & Other Services KSF 88 Total => $20,798,000 VIII. DISCUSSION ITEMS 100% Based on discussions at the previous Planning and Environmental Commission meeting, staff provides the following additional information. Sales Tax Equivalent The PEC requested staff to provide the equivalent sales tax increase that would generate the necessary funding in lieu of the Transportation Impact Fee. Based on 2016 sales tax collection, it would take an additional 0.13% of sales tax to equate to -$21 Million over the next 25 years. This does not take into account the growth of a sales tax base over the next 25 years, nor does it take into account the escalation of the cost of construction and the relating increases in the Transportation Impact Fee. Speculating each of these would not be prudent at this time; we assume at this point that each of the escalations may cancel each other out over time. Any sales tax increase would require a vote of the community. At this time the Town Council has directed Town Staff to implement a Transportation Impact Fee and not an increase in sales tax. Fee based on Parking Space Requirements Staff has consulted with TischlerBise on how parking relates to development within the Vail Town Code. Both staff and TischlerBise recommend against relating the fee to parking for the following reasons: • Parking requirement for communities reflect not only anticipated parking demand, but also incentives to encourage certain types of development or land uses. For example, in parts of Vail Village and Lionshead, there is no parking requirement for commercial uses. Not all land uses have a parking requirement. • Parking requirements are based on the minimum number of parking spaces. Some developments will include more parking than is required by code. Town of Vail Page 9 June 20, 2017 - Page 139 of 50; • A larger burden might be put on single family dwellings as their number of parking spaces would range from 2 to 5, whereas multiple unit developments and hotels range from 0.4 to 2.5 spaces per unit. IX. RECOMMENDED IMPLEMENTATION OF PLAN Staff has had multiple discussions with Town Council with regards to the Vail Transportation Impact Fee Study and recommends the following implementation for the administration of this fee. These recommendations have been incorporated within the Code amendments attached: • Modify the Transportation Impact Fee Rate Schedule, as shown above, to exclude the incremental detached single family square footage rate, and replace with a single fee rate for all new homes based on number of units. Therefore, the impact fee would apply only to new construction on vacant residential lots or on lots that demolish a single family home and build back with a duplex (or otherwise increase the number of units on a property). The fee would be $9,686 per new detached housing unit. • Upon codification of the fee, Town staff will administer the fee in accordance with the terms and conditions as provided for in the amended Town Code, 12- 26. • The fee shall apply to all development and redevelopment except Employee Housing Units (EHUs). • The fee rate schedule will be adopted by Resolution and will be updated on a yearly basis as needed, based on updated costs estimates of the identified capital projects. • Project level improvements shall not be eligible for credits towards the impact fee, however if a developer constructs a system improvement on the capital improvement list, a credit and/or reimbursement may be provided to the developer for the amount of construction, up to the amount shown within the capital improvement project list. X. VAIL FEE ANALYSIS In order to better understand the true cost of development within Vail, and identify all of the fees and other costs the Town requires, staff has completed an analysis of a variety of project types. The analysis shows that, in general, the town imposes fees and other taxes that equate to approximately 3% of the value of the total construction valuation of a project. One exception shown is for the Solaris project, which paid approximately 7% of the total project valuation; the large discrepancy for this particular project is generated by the large Housing Fee -In -Lieu payment. The Transportation Impact Fee will generally increase the cost of development by 0% to 0.9%. Town of Vail Page 10 June 20, 2017 - Page 140 of 50; XI. 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 Town Council to approve the proposed prescribed regulations amendment to Title 12, Chapter 26, Transportation Impact Fees, of the Town Code. If the Planning and Environmental Commission chooses to recommend approval of the proposed prescribed regulations 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 the Vail Town Code, Title 12, by the adoption of a new Chapter 26, Transportation Impact Fees." Before recommending approval of an application for a text amendment, the Planning and Environmental Commission shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) That the amendment furthers the general and specific purposes of the zoning regulations; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VI. ATTACHMENTS Attachment A - Vail Transportation Impact Fee Study, March 10, 2017 Attachment B - Draft Ordinance Attachment C - Development Fee Analysis Attachment D — Core Area Map Town of Vail Page 11 June 20, 2017 - Page 141 of 50; Tom Kassmel From: Dominic Mauriello <dominic@mpgvail.com> Sent: Wednesday, March 15, 2017 11:41 AM To: Tom Kassmel Cc: Matt Mire; George Ruther; Allison Kent; Greg Hall Subject: Traffic Impact fees Hi Tom: I will not be able to attend your open house on traffic impact fees today. I have a cold I am dealing with and don't want to infect the world. Here are some questions and comments that I think the Town should consider when deciding to adopt a new fee targeted to the last 5% of growth in Vail. • Consider charging for parking in the summer and use the funds generated for these roadway improvements. There is a nexus in that those parking in Vail are impacting the entire roadway network. This would avoid imposing an additional fee on development that Vail needs and wants. • There is a disconnect between the adoption of a traffic impact fee and the Town's other stated goals and incentives built into the Zoning Regulations. The Town wants additional employee housing and has an aggressive requirement already placed on development. Adding an impact fee on employee housing only exacerbates the problem and the ability to bring forward employee housing. The Town has incentivized the development of employee housing by not counting the GRFA and Density for this use in most zone districts. Employee housing units, in all of its forms, should be exempt from the impact fee. • On this same disconnect, the Town has incentivized the development of hotel rooms/accommodation units by not counting hotel rooms against density. Additionally, every adopted master planning document discusses the importance of hotel rooms to the Town's vitality and especially the generation of revenues. Every hotel room created generates significant ongoing revenues to the Town, beyond that of just about any other use, including dwelling units. However, the proposed impact fees are the same as applied to a dwelling unit. This is a disincentive to creating hotel rooms within the Town. Another element that is also missing is the amount of hotel traffic that relies on the Town's bus system, hotel shuttles, and CME shuttles. It appears from the numbers that there is not enough credit being given to the reduction in traffic within hotel facilities versus dwelling units. Hotel rooms/accommodation units should be exempted from the Impact Fee. • The Town has struggled for years with the loss of office space throughout the Town. Charging an impact fee on office or other commercial spaces, will further exacerbate this issue. It already does not make any financial sense to develop office space in the Town. This impact fee will had to that equation in a very negative way. Office space should also be exempt from the fee. I believe there is a fundamental problem with adopting a traffic impact fee at this point in Vail's history. The fee makes it more difficult to attract and construct the kind of development projects the Town desires. The redevelopment of Lionshead is a great example of creating incentives to produce the type of development that will spin off huge revenues to the Town, way more revenues over the long haul than these upfront impact fees generate. 1 June 20, 2017 - Page 142 of 50; Does the Town have the right and the basis for adopting an impact fee? Of course it does. Is it the right thing to do or in the best interest of the Town's long term revenue goals? Absolutely not. If the Town is short on cash related to road projects, think about: charging for summer parking; going to the voters to change how RETT funds can be used; and adopt a new property or sales tax dedicated road improvements. Thank you for the opportunity to offer my thoughts. Dominic F. Mauriello, AICP Mauriello Planning Group, LLC PO Box 4777 2205 Eagle Ranch Road Eagle, Colorado 81631 970-376-3318 cell www.mpgvail.com 2 June 20, 2017 - Page 143 of 50; Tom Kassmel From: Tom Ruemmler <TRuemmler@hotmail.com> Sent: Wednesday, May 24, 2017 5:45 PM To: Tom Kassmel Subject: Re: Transportation Impact Fee Update I want to make sure you have my comments on "impact" fees or any other fees on new construction accurately provided to the Town Council. Impact fees are spreading across American like a wildfire. They will destroy American because they make housing more non -affordable for all. Builders will add a significant profit on top of the fee because these fees are expenses out of their pockets before they start construction and because of time cost of money. When new home prices rise 98 existing home values also rise. To collect significant revenue from roughly less than 1% of the population, the fee has to be very large. By over taxing new construction, (the new construction purchaser) 98 owners of existing homes get a tax free income equal to about 130% of the fee charged. This is because existing home owners can borrow against the increase value of their home that results from all new costs added to new construction. A better alternative is to spread taxes of more people. This will make the tax per person significantly smaller (over 100 times less per person) and thus the tax is palatable. There is only a traffic problem in Vail when lots of tourists are in town. Shouldn't tourist be the ones that should pay for the infrastructure? Vail has a affordable housing problem. Why make matters worst by placing more costs on new construction. Eliminating all fee that have been placed on new construction should be a major focus of all Town Councils. I have personally witnessed a city of 200,000 go into bankruptcy as a result of fees placed on new construction. Employers have to pay significantly higher wages if the costs of housing is high. I problem the Vail Valley has is low wages. A Aspen ski instructor makes over twice a Vail instructors rate of pay. Existing home owners believe they benefit from the increase values of their homes that result from fees on new construction. The benefit they receive quickly evaporates when they need to loan each of their children between $100,000 to $200,000 so they can qualify to purchase their first home. 1 June 20, 2017 - Page 144 of 50: Staff has been briefed on the unforeseen consequences of fees on new construction. I can't believe staff would consider approaching the Town Council with any proposal to fund anything, including infrastructure, which is mainly needed for peak tourist load, with fees on new construction. During meetings held by Vail Valley Partners each contractor or developer that spoke on the panels explained the number one problem is fees on new construction. Impact fees on new construction was one of the major route causes of the Housing and Financial crisis. Tom Ruemmler 719 293-0655 From: Tom Kassmel <TKassmel@vailgov.com> Sent: Wednesday, May 24, 2017 12:25 PM To: Tom Kassmel Subject: Transportation Impact Fee Update All The Transportation Impact Fee Study and Ordinance will be presented to the Town Council on June 6th (First reading). Since Council's last review of the Study and the March public meeting some minor changes will be recommended to the Fee Schedule. Attached is the updated Transportation Impact Fee Study for convenience, with the fee schedule shown on page 15. Also, comments received to date will be submitted to the Town Council for review along with a staff memo. The comments and staff memo will be available on-line on the Town Council Meeting Agenda page by June 2nd http://www.vailgov. com/government/town-council/council-agendas-meeting-materials/online-agendas Town of Vail > GOVERNMENT > TOWN COUNCIL > Council Agendas ... www.vailgov.com TOWN COUNCIL. Council Members; Council Agendas & Meeting Materials; Council Minutes; Council Highlights; Council Meetings Online; Community Participation 2 June 20, 2017 - Page 145 of 50: If you would like to be removed from this email list please reply to this email. Thank you. Tom Kassmel Town Engineer Public Works Department TOWN Of VAIL 970.479.2235 vailgov.com twitter.com/vailgov 3 June 20, 2017 - Page 146 of 50: Why is the U.S. in this economic crisis? A major ROOT cause of this declining economy is over -taxation and over regulation of new construction by government which escalated home prices to unaffordable levels. Below is a detailed explanation of the unforeseen detrimental ramifications of huge fees & regulations on new construction, what happened to the economy and logical low cost solutions which could greatly accelerate economic recovery in the U.S. AN EXAMPLE OF OVER TAXATION & REGULATION FOR STOCKTON, CALIFORNIA Stockton is one of California's "affordable housing cities" and the epicenter of the housing crisis. Stockton's building permit fees increased about 300% between 2002 and 2010 and totaled about $65,000 in 2010 for a 2000 sq. ft. home. There is another $60,000 of additional costs associated with well- intentioned, but not thought -through regulatory requirements. Governmental induced costs exacerbated inflation. In 2002, a new 2000 sq. ft. home in Stockton cost $255,000; in 2006 it cost $440,000 (of which approximately $140,000 is from over -the -top regulatory fees). Fees and regulations resulted in housing becoming unaffordable under the "old sound" borrowing requirements. Unfortunately government and private lenders responded to the unaffordability of homes by lowering borrowing requirements so people could buy homes to fulfill "the American Dream". Lower borrowing requirements resulted in many bad loans. LENDING BLUNDER Soaring new home prices drove up existing home values by approximately $140,000. All housing became less affordable, especially to first time home buyers. Because federal government encourages the American dream of home ownership, borrowing requirements were reduced. There is a belief that better communities are achieved with pride of ownership. This results in reduced expense for police services. Borrowing standards were greatly reduced and home ownership increased from 67% to 69%; yes, only a difference of 2%! Subprime loans, which were in existence for many years, started being used more frequently. Borrowing qualifications and requirements on subprime loans were substantially reduced. In order to get under qualified clients to qualify, some loan officers committed fraud and then collected their commissions. CALIFORNIA LEAD THE U.S. INTO THE NATIONAL FINANCIAL CRISIS 25% of all bad home loans are from California. The bad loans were bundled with other loans to form loan packages sold by Wall Street. Some loans in the packages went bad. Bad loan packages resulted in the potential collapse of financial institutions and AIG who insured the packages! GOVERNMENT TREATED THE SYMPTOMS AND NOT THE CAUSE The U.S. Government attempted to stop a financial collapse by bailing out AIG, Fannie Mae, Freddie Mac and banks. Government tried to stimulate the housing economy with the $8,000 home purchase tax credit. The government bailouts benefit a few people, but they are costly for all taxpayers and merely treat the symptoms and did not fix the ROOT cause of the financial and housing crisis. Local and state government's over taxation and regulation resulted in 35% of the cost of a new home's construction. This is what made housing unaffordable in the first place. Passing federal legislation to limit fees and regulations to no more than 3% of the costs of a new home would eliminate the ROOT cause. This legislation will not add to federal costs, is easy to enact and administer - and benefits society and all states equally. June 20, 2017 - Page 147 of 50; When new homes become affordable, jobs will be created resulting in stimulating the economy. Affordable housing will result in a sustainable housing economy and lead the U.S. out of the financial crisis. Warren Buffet stated the economy will improve when residential construction improves! Both political parties should be able to wrap their arms around legislation that limits fees and regulation to 3% of the cost of a new home. This legislation will stimulate jobs. The proposed federal legislation will force state and local governments to use tax dollars more effectively. It will force them to find alternative revenue sources that spread taxes more evenly across society. Spreading taxes evenly results in a larger number of people paying taxes and lowers taxes for each individual. Lower taxes are more palatable. Hopefully politicians that do not back this logical solution for the housing and financial crisis will be voted out of office. Details of the solution are explained below. SOLUTIONS ARE EASILY IDENTIFIED IF YOU SOLVE THE PROBLEM BACKWARDS WHAT CAN THE AVERAGE PERSON COMFORTABLY AFFORD TO BUY? In order to have a sustainable economy, an average household income must be able to comfortably afford a house using the old lending standards and a 7.5% interest rate. The mean household income in Stockton California is about $52,000. This income allows them to comfortably own a $150,000 home with 20% down. They would have a $120,000 fixed rate loan and would be paying 24% of their income for their principle, interest, taxes and insurance — their PITI payment. WHAT A NEW HOME NEEDS TO SELL FOR: LESS THAN $176,000 A new home can sell for $176,000 if it can demand a 15% premium over an existing home. A contractor can NOT build a $176,000 home if it costs $50,000 to $140,000 for permits and regulations. In other states, fees and regulations are under $4,000 and contactors can and do build the average house for under $176,000 Fees in California need to be under $4,000 to compete with other states and to achieve a sustainable economy. Lodi and Lathrop fees are significantly less than Stockton fees. THE RESULTS OF OVER TAXATION AND REGULATION INCLUDE THE FOLLOWING: "LEVERAGE EFFECT" THE HUGE UNFORSEEN DETRIMENTAL EFFECT Governmental officials did not foresee the leverage effect of placing $125,000 of fees and regulations on new homes. A 15% profit on the additional $125,000 of costs, increased new home prices by $144,000. There are at least 90 existing homes for every new home built. For every 1,000 homes built, there are 90,000 existing homes. These existing homes increased about 13 billion dollars in value. Many existing homeowners used their homes like piggy banks by tapping into the increase home value. In addition, many people used subprime loans to refinance. Records reveal the majority of subprime loans were refinances. Many borrowers defaulted and walked from their loans after they "sold" their house to the lending institution. Foreclosures devastated the value of neighboring homes. Over 13 billion dollars of additional buying power (demand) was created in Stockton and resulted in the unintended consequence of inflation, escalating housing prices even higher during boom times. Stockton has over 99,000 homes! TAXES AND FEES ARE PALATBLE IF SPREAD ACROSS SOCIETY If there are approximately 96 existing homes for every new home built (a 1.3% expansion rate). A better approach would be taxing all homeowners $688. This would collect the same amount of dollars as taxing the new home buyer $66,000 in fees. Since many of the regulations do more harm than good, the June 20, 2017 - Page 148 of 50; government would only need to collect about $300 in additional taxes on all houses (existing and new) to cover worthwhile expenses. Three hundred dollars is palatable; $66,000 is not. Sixty six Thousand dollars ($66,000) greatly alters the free market system that the United States economy is based upon. History has shown that government decisions can greatly affect a free market economy. WHY WERE FEES PLACED ON CONSTRUCTION IN CALIFORNIA? Fees escalated under the incorrect assumption that California's Prop 13 (which limited property tax increases to 2% per year) reduced government's income. Government used Nexus reports to justify fees on new construction. The 2010-2011 Stockton Nexus report, states "Since the passage of Proposition 13, property tax revenues have been insufficient for capital funding..." "...Given these funding difficulties, the City requires new development to pay fees to fund the facilities necessary to accommodate growth." ANALYSIS REVEAL PROP 13 WAS NOT THE PROBLEM If the property taxes collected in San Diego County in 2010 are divided by the property taxes collected in 1977 (the year before Prop 13), it is discovered that $7.20 is collected now for every dollar collected back in 1977. Adjusting the dollar by 85% population growth and by 260% inflation reveals that we should be only collecting $4.80. Instead we are collecting $7.20 — this is 1.5 times what we need to collect. The foregoing figures should be further adjusted because worker productivity increases should result in fewer tax dollars needed. A mere 1% productivity increase per year reveals that we only need to collect $3.60. However, government is collecting $7.20 in property taxes, plus government is collecting exorbitant impact fees. California ranks 14 in the nation for property taxes! California has one of the highest sales and income taxes, plus it collects impact fees on new construction! WHERE DID THE MONEY GO? In the 1970's, governmental employees wages were lower than the private sector but they had good guaranteed retirement and benefit programs. Currently I would highly recommend employment in the governmental sector (especially the local government sector) because of the generous wage and benefit packages as opposed to the private sector. Is the Stockton following in Greece's foot steps? REGULATIONS — WELL INTENTIONED BUT NOT THOUGHT THROUGH An example of "focused thinking" and not considering the unforeseen consequences of regulations is reflected in the attached pictures of a rainwater treatment tank that is installed in a subdivision of 303 homes on 77 acres in Stockton, California. The cost of this tank was about 2 million dollars. The rainwater treatment tank which is made from lots of steel and concrete is about 400 feet long, 16 feet wide, 8 feet tall and is buried about 20 feet underground. The tank caused more environmental harm than good. Rainwater tanks have the potential to be huge methane bombs as organic materials, such as leaves, decay. Other flammables such as solvents, diesel fuel, oil and leaks from natural gas lines, can accumulate in the tank. The tanks are breeding ponds for the mosquitoes carrying the West Nile Virus. Other significant negative environmental effects of these tanks include the air pollution created; from hydrocarbons burned to dig the hole, install the tank, fuel burnt when the sediment that collects in the tank is hauled off and from the methane gas produced by decaying matter in the tank. Air pollution is also created from the production of the steel, concrete, and materials used for tank construction and transportation of those materials to the job site. Other detrimental effects include $50,000 in extra annual taxes collected from the 303 homeowners to maintain the tank. Additional taxes need to be collected to poison the water for mosquito prevention. After 6 years the tank trapped four dump truck loads of sediment which was removed, dried and later placed in a landfill. Over $300,000 in taxes was collected for 4 dump truck loads of dirt! June 20, 2017 - Page 149 of 50; If future development projects in the United States are required to have rain water treatment facilities. Over the next 100 years, billions of dollars will be spent and less than 1/100 of a percent of the rainwater runoff will be treated. The decontamination of the rainwater runoff will be negligible for the billions of dollars that will be spent. There are less expensive alternatives which can help the environment. The initial cost of the rain water tank, ongoing taxes and environmental harm is just one example of "not thought through" government regulations that add to building costs. There are numerous other regulations that are not needed and counterproductive. If drastic changes don't occur to eliminate unnecessary regulations and dramatically reduce building permit fees and red tape, the future of the American economy will be affected for many many years. There are many more "not thought through" government initiated programs that are mainly paid for by new construction. Examples are buying up developmental rights to leave land undeveloped and other regulations to protect the environment. These programs benefit everyone, but instead of spreading the cost over society and thus reducing the tax to a palatable figure, government placed the cost on one entity, the new home buyer. The cost of a mitigation measure that benefits all is not a fee. It is a tax because it benefits all. It is an illegally enacted tax. These taxes should not be added to new construction because it makes housing more unaffordable and adds to the ROOT cause of the housing crisis. Government seems oblivious or unsympathetic to the fact that these costs accumulate and eventually overwhelm the new home buyer. Government did not understand that new construction pays its fair share. There are sales taxes on materials. Construction wages paid result in sales taxes when their families shop. A $300,000 home generates in excess of $13,000 in extra sales tax and another $330 from a .11% transfer tax. Some cities impose transfer taxes that exceeded 1%. In perspective, the $13,000 in extra taxes generated by a $300,000 home may be more than the state and federal taxes paid by individuals who purchase the new homes. TAXES ON PROPERTY ARE DETRIMENTAL Sales taxes and income taxes have a direct relationship to a person's ability to pay. Taxing property is a very poor choice because property taxes do not have a relationship to a person's ability to pay and greatly distress and burden the young, old (retired) and average income earner. Certain things are needed to survive on earth. Government made them more affordable to all, by not taxing Food, Water or Air. Why did government choose to tax Shelter? This was a mistake! Construction is a major economic engine, creating jobs and significantly decreases unemployment costs. Government should stimulate, not overtax, this sector of the economy. A conflict of interest exists for lobbyists, environmentalists, government employees and the elected officials who voted to place huge costs on new construction. Community development departments increased in size and their budgets swelled during flush times. Because more money was available for government employee wages, benefits, and retirement programs, unions bargained for higher wages. An even greater conflict of interest was their homes increasing $115,000 in value for every $100,000 of fees and regulations. (The extra $15,000 represents the builder's profit on the $100,000 in extra costs). Existing homeowners falsely believed they greatly benefited from the rising value of their home. Most homeowners did not realize the rapid price increases were in a large part due to fees and regulations. They borrowed against their increased equity and bought rental homes to get in on the rapid price increases. This led to the frenzied spiral of over -inflated home prices. However, even without the recession, the huge increase in equity in the existing homes evaporated when home owners had to lend their children money so their children could qualify and buy the higher priced homes. June 20, 2017 - Page 150 of 50; SOLUTIONS 1. The key to a rejuvenated economy is addressing a major ROOT cause of the recession. One solution could be utilizing interstate commerce laws and passing federal legislation limiting total building permit fees and auxiliary costs to no more than 3 percent of construction costs. Passing such legislation will cost the federal government little, unlike the other bailouts the federal government has already authorized, such as the one time new homeowner's tax credit of $8,000 as previously discussed. That $8,000 tax credit benefited a select few at the cost of everyone. Passing legislation, as suggested, would help more people afford homes, be easier to administer, and greatly reduce the discrepancies in permit costs between cities, counties and states. 2. Another part of the solution is to pass legislation requiring studies of the unintended consequences of the mitigation measures recommended in the initial environmental impact reports, and that the proposed mitigation measures be required to: A) be reasonable; B) be the most cost effective solutions C) access their economic impact, D) have a positive economic impact E) be paid for by all (all who benefit). Environmentalists do not want to do more harm to the environment and should not be opposed to the legislation suggested. Government use to pay for infrastructure while collecting a lower sales and income tax More effective use of tax dollars is needed. California already collects some of the highest income, sales and property taxes in the United States. Additional taxes on new construction are not needed and should not be relied on because they have huge detrimental leverage effect and other effects that are the ROOT cause of the economic crisis. The majority of tax dollars is spent on education. Schools have a terrible business plan. The United States spends more than other nations on education but we test near the bottom. Since 1971 educational spending per student has doubled (after adjusting for inflation) yet test scores have remained the same. We could easily cut education expenses in half and also raise test scores. I encourage you to go to Khanacademy.org which is a free educational web site backed by the Melinda and Bill Gates foundation. I suggest you and all parents view the 60 Minute episode on Khan academy www.cbsnews.com/video/watch/?id=7401696n and the video at the Khanacademy.org web site that describes why this education technique is successful. http://www.khanacademy.org/video/salman-khan- talk-at-ted-2011--from-ted-com?playlist=Khan+Academy-Related+Talks+and+Interviews. Another interesting TED TALK video by Professor Robinson about education is http://www.ted.com/talks/ken_robinson says schools kill creativity.html Los Altos School District has had great success using Khanacademy.org. If half of the dollars spent on education (or prisons) could be used for paying off the national debt and doing comprehensive reevaluations of all existing governmental programs, we could get out of this financial crisis. These suggestions will increase governmental income as construction resumes. More sales tax would be generated from building materials and from income taxes realized from jobs created. The governmental expense of unemployment will be greatly reduced. The expense of specialized stimulus packages will be eliminated. The government has a relatively short window of time to rectify the problem of overtaxing one entity (new homes). If legislation reduced the price of a new home built in 2010 from $350,000 to $225,000 by reducing the taxes, fees and over regulations on construction, it would be seemingly unfair to those June 20, 2017 - Page 151 of 50; people who bought the $350,000 homes. However, the recession has already reduced the value of the $350,000 houses purchased between 2005 and 2008 to $200,000 and thus it will not affect these people. Construction is a major economic engine. We have all witnessed the negative result of pushing the cost of housing beyond the grasp of the common citizen, the far-reaching effect on the entire economy and especially on those communities that overtaxed new construction. Many communities that did not overtax new construction did not have rapid inflation of home prices and thus home prices did not greatly decrease in this recession. The new legislation ACT suggests will not alter these markets. Our legislators must ACT now and if they don't, we must ACT now and vote them out of office. A grass root organization called ACT (Alliance for Controlling Taxes) has been established by a group of citizens to educate politicians and the general population concerning the unforeseen consequences of putting fees and regulations on new construction. ACT intends to suggest solutions to stabilize and stimulate our failing economy. ACT welcomes all who would like to actively research and advocate for sound solutions, which may improve not only the local but the national economy. ACT will be funding the publication of the foregoing educational information in major newspapers, explaining why the U.S. is in the current recession and what citizens can do to counteract the continuing decline. If you would like to join in this effort or to donate financially, contact ACT today. ACT anticipates support from Businesses and people from all walks of life, since nearly everyone is affected by this economic crisis. Your participation and or donation directly helps you. Also, people with a variety of skills are being sought to help with website development, identifying creative means of informing the public and access to public officials who have the ability to make the necessary changes. Contact us at ACTforTaxChange @ gmail.com, or call 719 293-0655. Send donations to ACT, 2818 Golden Eagle Drive, Stockton, CA 95209 A Suggestion Made To ACT. ACT Welcomes Your Opinions & Suggestions The mortgage crisis is created by what? People who cannot afford their mortgage payments. So we force them out of their homes. Banks go under, property values of nearby homes plummet, jobs are lost, and the American people get stuck with an $700 billion bailout. Why not let these people stay in their homes, and let them continue making whatever payments they were able to afford in the beginning? Yet, nobody should get a free lunch. The government (a.k.a. US taxpayers) can pay the difference of the mortgage, and take partial equity on the value of the house. In other words, if the Fed pays $1000 of the mortgage payment, the Fed gets $1000 of equity and collects that equity when the home sells. The banks will not have bad loans. Banks will become liquid again because there will be less defaults. The housing market becomes stable again because the glut of short sales and foreclosures disappears. Our own property values will increase because there won't be "Short Sale" and "Foreclosure" signs everywhere. When the houses are eventually sold, American taxpayers reap the rewards of shared equity, leading to the possibility of reducing taxes in the future. Sufficient laws must be in place preventing any bank or agency from making the kinds of loans that are unsustainable — the kind that got us where we are today. Tom Ruemmler TRuemmler@hotmail.com 719 293-0655 June 20, 2017 - Page 152 of 50; An expensive 400 foot long, 16 foot wide, 8 foot tall storm drainage tank. $50,000/year of taxes are collected from 303 houses to maintain the tank. Inside the tank are 3 foot tall dams about every 20 feet. The dams create many ponds. Fine dirt settles in the ponds. After many years, the sludge is removed, trucked to a site and dried. It is then trucked to a landfill. Billions of dollars will be spent on rainwater treatment, but very little water will be treated. Calculations reveal little if any improvement will be seen in the streams. The well intended Clean Water Act's implementation was not thought -through. Unintended consequences include air pollution and green houses gasses from the hydrocarbons burnt to manufacture, install the tank and haul off the sludge. The tanks can become huge bombs as a result of gases accumulating in the tank from the fermenting of organic matter such as leaves, or spillage of flammables, or from leaks in natural gas lines. The tanks are breeding pools for mosquitoes that can carry the West Nile Virus June 20, 2017 - Page 153 of 50; Tom Kassmel From: Bob Essin <vailbob@comcast.net> Sent: Monday, March 27, 2017 8:51 AM To: Tom Kassmel Cc: Suzanne Silverthorn; Greg Hall; Council Dist List Subject: Re: "Vail Meeting to Focus on Transport Fee" March 15, 2017 March 27, 2017 Tom and Town Council, Thank you for the information and follow up. I definitely agree that if an additional expense can be justified it should be covered in the increase in sales tax or even property tax that the Town receives from all people, property owners and visitors to TOV. The costs and delays in improving our properties is already significant and once done, the increase in property valuation provides additional taxes. The idea of a transport fee is bogus. How would we feel if the Federal Government decided it would increase I-70 traffic and pass a fee that would have to be paid by the landowner when they decided to build? Where does it stop? Nice try to create additional funds for all levels of government to collect additional funds without calling it a tax. Creative staff some times needs to be told NO. At least if you think it is justified, call it what it is, an increase in taxes and allow voters to vote on it. Town coffers may be down somewhat because of more expenses with items such as the underpass, but it is undeniable that TOV has more than enough money coming in from sales taxes and property taxes. It's a beautiful day in Colorado, Bob Essin 4264 Columbine Way #11 Vail, CO 81657 970-376-4484 Vailbob@comcast.net Sent from my iPad On Mar 22, 2017, at 08:37, Tom Kassmel <TKassmel@vailgov.com> wrote: Bob At the Vail Transportation Impact Fee meeting, staff received some comments regarding the proposed fee. Generally the comments were that this was an additional burden and targeted fee on new development, and that it is counter intuitive to some of the employee housing, Hotel, and commercial development goals the Town generally embraces, and that we would be better off dispersing the cost over a broader base with an increase in sales tax. Attached is a copy of the latest Vail Transportation Impact Fee Study and proposal as well as a single page fee table summary. Our next steps will be to review the fee with PEC in April and then return to Council in May for final review. We will provide all comments to Council for further discussion in May. Tom Kassmel Town Engineer Public Works Department 1 June 20, 2017 - Page 154 of 50; <image001.jpg> 970.479.2235 vailgov.com twitter.com/vailgov <image002.jpg> From: Suzanne Silverthorn Sent: Sunday, March 19, 2017 8:28 AM To: Tom Kassmel; Greg Hall Subject: Fwd: "Vail Meeting to Focus on Transport Fee" March 15, 2017 Do you have an update for Bob? Suzanne Silverthorn, APR Director of Communications Town of Vail 970-479-2115 970-471-1361 (cell) Begin forwarded message: From: Bob Essin <vailbob@comcast.net> Date: March 19, 2017 at 8:24:31 AM MDT To: Kevin Foley <kfoley@vailgov.com>, <towncouncil@vailgov.com> Cc: <vailbob@comcast.net> Subject: "Vail Meeting to Focus on Transport Fee" March 15, 2017 I was unable to attend the meeting. What happened, is happening?? It's a beautiful day in Colorado, Bob Bob Essin 4264 Columbine Way # 11 Vail, CO 81657 970.376.4484 Vailbob@comcast.net Sent from my iPad Begin forwarded message: From: Bob Essin <vailbob@comcast.net> Date: March 15, 2017 at 07:40:26 MDT To: KFoley@vailgov.com, towncouncil@vailgov.com, editor@yaildaily.com Subject: Re: "Vail Meeting to Focus on Transport Fee" March 16, 2017 3/15 not 3/16 Bob 2 June 20, 2017 - Page 155 of 50; Sent from my iPad On Mar 15, 2017, at 07:19, Bob Essin <vailbob@comcast.net> wrote: "Vail Meeting to Focus on Transport Fee" is the heading of an article in 3/15 Vail Daily about today's meeting at City Hall. Transport Fee migration from current traffic mitigation fee. 22% of $95 Million. This sounds like a huge "tax" on any new development and/or replacement of existing residential and commercial square footage in Vail purportedly because it might somehow effect traffic. This is hardly a fee. This is a new tax and should be the subject of vote of town citizens. It's a beautiful day in Colorado, Bob Essin 4264 Columbine Way #11 Vail, CO Vailbob@comcast.net 970.376.4484 Sent from my iPad <FeeScheduleBoard.pdf> <2017-03-10 VailTransplmpactFeeDRAFT.pdf> 3 June 20, 2017 - Page 156 of 50; TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 8, Series 2017, First Reading, Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto PRESENTER(S): Carlie Smith, Budget Analyst ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No, 8, Series 2017 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No, 2, Series 2017 ATTACHMENTS: Description Memo Ord. No. 8, 2nd Supplemental Budget Ordinance June 20, 2017 - Page 157 of 50; TOWN OF V/tIL. Memorandum TO: Vail Town Council FROM: Finance Department DATE: June 20, 2017 SUBJECT: 2017 Supplemental Appropriation I. SUMMARY On Tuesday evening you will be asked to approve Ordinance 8, the second budget supplemental appropriation of 2017. II. DISCUSSION Included in this supplemental discussion are requests for funding outside of the town's normal budget cycle, or "off -cycle contributions". The purpose of this mid -year review is to provide an opportunity for organizations that have newly identified projects or unforeseen changes to their budgets to come forward all at the same time and for Council to provide consistent criteria and evaluations. Staff recommendations for these requests are included as Attachment B. 2017 year to date sales tax collections are down 4.2% from 2016. Staff is proposing to decrease budgeted sales tax by $565,000 to adjust for the current shortfall. The shortfall is attributed to the impact of business closures, below average spring snowfall, and less spending by international visitors. The sales tax budget will be reduced in accordance with the town's standard split (62/38) between the General Fund and Capital Projects Fund. The result is a reduction to the General Fund of $350.3K and Capital Projects Fund of $214.7K. General Fund In addition to the proposed reduction of budgeted sales tax revenue of $350.3K, budgeted revenue will be adjusted by an increase $42,780 directly offset by the following corresponding expenditures: June 20, 2017 - Page 158 of 50; • $12,052 of state funding for the Northwest Incident Management Team training exercise that occurred May 18th -20th in Rio Blanco County. • $25,000 of state funding for the Northwest Incident Management Team exercise in Keystone, CO taking place in September. • $1,228 reimbursement from the Vail Valley Medical Center Foundation for children's books purchased for the Foundation's "Books for Babies" initiative; • $4,500 use of Library grant funds from the state of Colorado to be used to purchase books, audio visual material, and other electronic and education recourses. Staff is requesting an overall increase in budgeted expenditures of $253,780 which includes $42,780 related to expenditures corresponding to the reimbursements above and $10,000 related to off -cycle contributions recommended by staff. The remaining $201,000 of expenditures includes: • $76,000 for extended bus service for the East Vail enhancement pilot program approved by council on April 18th. Cost of the extended service will be allocated $47,120 to seasonal salaries and $28,880 for bus operations (fuel and fleet maintenance charges). • $75,000 to Safebuilt for additional plan review services due to increased demand. • $50,000 to increase fire overtime. The fire department request listed above is based on three factors: unexpected sick leave, training time, and Fair Labor Standards Act (FLSA) compliance. During 2017, there have been three employees on FMLA leave causing higher than expected use of sick leave. Additionally, there has been clarification by human resources in what is considered compensable time for training. This has resulted in paid overtime for training outside the normal work schedule. Lastly, FLSA requires overtime be paid for hours worked over 212, over a 4 week period. A regular schedule for a firefighter consists of 240 hours over a 4 week period thus resulting in built-in overtime of 28 hours. This requirement typically equates to almost 50% of the departments overtime budget. Over the last three years the fire department has been able to successfully absorb the overtime increases as a result of the FSLA requirement (salaries rising with merit increases) and has maintained a flat year over year overtime budget. The off -cycle contributions are included in this budget request based on staff recommendations. The funding requests recommended include $10,000 to the Vail Chamber and Business Association (VCBA) to support the Pioneer Weekend event; $5,000 to the Vail Valley Mountain Bike Association for the Adopt a Trail program funded out of the Real Estate Transfer Tax fund (see below); See Attachment B for staff recommendations and off -cycle applications received. These adjustments to the General Fund 2017 budget result in a net surplus of $326,163 with a resulting fund balance of $27.6 million by the end of 2017, or 72% of annual revenues. 2 June 20, 2017 - Page 159 of 50; Capital Projects Fund In addition to the proposed reduction of budgeted sales tax revenue of $214.7K, budgeted revenue will be adjusted by an increase of $500,000. This includes $45,000 of reimbursement from the Holy Cross Community Enhancement Fund, directly offset by corresponding expenditures for engineering costs approved by council on June 2nd to pursue the first phase of Big Horn Road and South Frontage Road underground energy projects. The remaining $455,000 is a revenue reimbursement from the traffic impact fee funds that will be used to offset design and planning costs for the S. Frontage Road improvements between the Vail Valley Medical Center and the Lionshead parking structure. The expenditures for this project were approved by council during the 1st budget supplemental in April. Staff is requesting an overall increase in budgeted expenditures of $92,825 which includes $45,000 related to expenditures corresponding to the reimbursements above. The remaining $47,825 of expenditures requested for new projects and project increases include: • $13,050 for an upgraded financial reporting module in the existing financial management software. The current report writing module will no longer be supported with software updates by the software company. • $1,000 to complete the Community Development permits software. • $8,775 for a ProjectDox software upgrade. This is plan review software utilized by Community Development, Fire, and Public Works. The current version of the software will no longer be supported as of Jan 2018. • $25,000 for ProjectFlow, an add-on software to be utilized with the ProjectDox system. This system enhancement allows for greater flexibility and efficiency within the plan review software; allowing for review prioritization, upgraded reporting, plan review time management, along with additional customization tools to enhance customer experience. The following requests have no impact on overall budgeted expenditures in the capital projects fund: • $15,000 to be transferred to the ResortApp project budget from savings in the audio visual project budget for the new lodging feature in the Vail Application. See Attachment A for information about the lodging module. Real Estate Transfer Tax Fund Staff is proposing an overall increase of budgeted expenditures in the Real Estate Transfer fund of $5,000 to fund the Vail Valley Bike Association for the Adopt a Trail program as part of the off -cycle council contributions. See Attachment B for details regarding this request. Water Quality projects for the town are currently documented in four separate project codes. In working to clarify the various projects underway, and to better align the budgets to those projects, staff proposes a reallocation of the budgeted dollars into newly named projects. This will improve the tracking of actual expenditures to budget for each project according to the approved purposes of the budgeted funds. In total, the budget for these projects does not change. The following table summarizes the current -3- June 20, 2017 - Page 160 of 50; water quality budgets compared to the proposed new project allocations. The projects highlighted in green have been re -named and the budget dollars reallocated. Water Quality Project Budgets Current Proposed Streabank/tract Mitigation 971,575 - Water Quality/ Storm Water 1,458,685 - East Vail Water Quality TAPS 1,125,111 1,125,111 East Vail Interchange 988,807 988,807 NEW Streamtract Education/Mitigation - 273,199 NEW Water Quality Infrastructure - 1,520,255 NEW Streambank Restoration - 636,806 Total $ 4,544,178 $ 4,544,178 4 June 20, 2017 - Page 161 of 50; June 20, 2017 - Page 162 of 50: Attachment A To: Vail Town Council From: Joe Cleary, ResortApp CC: Kelli McDonald, Ron Braden, Kathleen Halloran, Carlie Smith Date: June 20, 2017 Subject: The new VAIL App Lodging feature The new lodging feature for the VAIL App will have the following features and benefits: 1. Ability to produce a list of lodging options under the Lodging Icon with pricing 2. Lodging options will have interactive pricing listed with the ability to update in real time 3. NO COMMISSIONS will be charged for booking through the app. 4. The Lodging Option will send users directly to the booking websites for the Lodging Partner 5. ResortApp will administrate and maintain this feature and all its' updates. 6. Because no commissions are taken, the VAIL App will be able to offer the lowest rates in town since we will direct book with our partners. Happy to answer any questions regarding this new feature. Joe Cleary CEO ResortApp 5 June 20, 2017 - Page 162 of 50: Attachment B 2017 Off -Cycle Contributions A. Vail Valley Mountain Bike Association BACKGROUND INFORMATION: The Vail Valley Mountain Bike Association is requesting $5,000 to fund the Adopt a Trail program for 2017. The funding would go towards hiring trail rangers, program coordinators, and other operational expenses. STAFF RECOMMENDATION: Staff recommends funding of $5,000 for trail maintenance expenses out of the Real Estate Transfer Fund. The Vail Valley Mountain Bike Associate along with the U.S Forest Service spearheaded this organization and began to adopt trails in June 2016. Since then then they have been able to provide trail maintenance and restoration to 43 trails countywide, 9 of which are in Vail. The Adopt a Trail organization services trails that connect to our community that would otherwise have little to no maintenance. B. Vail Chamber and Business Association- Pioneer Weekend BACKGROUND INFORMATION: The Vail Chamber and Business Association is requesting $15,000 for Pioneer Weekend 2017 taking place September 22-24. The contribution would be used to pay for event rental fees including tables, chairs, staging, and use fees for Dobson arena. The CSE have decided to fund Pioneer weekend in amount of $2,000 for 2017. Council contributions have not funded this event since 2012. During 2012 the Town council contributed $30,000 to this event, a portion which was not used and was refunded to the Town after the event. STAFF RECOMMENDATION: Staff recommends cash contribution of $10,000 to be used towards event rental fees. Staff also recommends providing 3 days use of Dobson arena valued at $3,963 subject to approval and coordination with the Vail Recreation District. The Vail Chamber and Business Association will be responsible for hard costs for the use of the Dobson arena such as set-up, tear -down, cleaning, and utilities. C. Vail Memorial Park Foundation BACKGROUND INFORMATION: The Vail Memorial Park Foundation (VMF) is requesting $50,000 for operating expenses in order to proceed with Phase III of the VMF master plan. Phase III includes the construction of an additional dry - stack wall, an improved and expanded path system, excavation of certain areas, and the placement of additional boulders and benches. The estimated cost of Phase III is $220,000. In 1993, a design was developed for a cemetery site in the town of Vail; however in 1994 it was taken to voters and was defeated. In 2001, a renewed effort for a memorial site again gained traction and a task force was established by Town Council. A site was selected on Town property of the former Katsos Ranch. The VMP was established with a goal to be financially self-supporting but in an effort to jump start the VMP, the town agreed to a $50,000 loan and 99 -year lease agreement with no payments required. When repayment of the loan was presented to the Town Council, the Council then donated the $50,000 back to the organization. 6 June 20, 2017 - Page 163 of 50; STAFF RECOMMENDATION: Given the nature and amount of the VMP request, staff recommends that the VMP go through the Town's annual Council Contribution application process for 2018 in order for the town to better evaluate this request in respect to other contribution requests in the context of the 2018 budget. D. World Figure Sport Society BACKGROUND INFORMATION: The World Figure Sport Society is requesting in-kind funding of at least one day use of Dobson for the World Figure & Fancy Skating Championships (September 28- October 1, 2018). In addition they are requesting in-kind housing for the event officials. STAFF RECOMMENDATION: The Vail Local Marketing District (VLMD) has decided to fund this event in place of the Town. The VLMD is funding two days of rental fees at Dobson arena along with lodging for two officials for the length of the event. D. Friends of Mountain Rescue Support Request BACKGROUND INFORMATION: The Friends of the Mountain Rescue (FMR) is requesting funding of $15,000 to help build an Endowment Fund to be used for annual operations and capital needs in the future. STAFF RECOMMENDATION: While staff greatly respects this organization and the service they provide to the community, staff does not recommend funding as it is not an appropriate use of taxpayer dollars to fund an endowment fund. Staff recommends that FMR apply during the 2018 application process with a request that identifies a specific program or expenditure that the contribution will be used towards. 7 June 20, 2017 - Page 164 of 50; 8 June 20, 2017 - Page 165 of 503 TOWN OF VAIL 2017 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 2017 Proposed Original 1st 2017 2nd 2017 Budget Supplemental Amended Supplemental Amended Revenue 2% Local Taxes: $ 26,100,000 $ 26,100,000 $ (565,000) $ 25,535,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 62/38 Sales Tax 16,182,000 16,182,000 (350,300) 15,831,700 Adjustment for current sales tax shortfall Property and Ownership 4,891,307 4,891,307 4,891,307 Ski Lift Tax 4,964,400 4,964,400 4,964,400 Franchise Fees, Penalties, and Other Taxes 1,115,065 1,115,065 1,115,065 Licenses & Permits 1,623,098 1,623,098 4,500 1,623,098 Intergovernmental Revenue 2,010,781 2,010,781 2,015,281 $4.5K of state funding for library programs; see corresponding expenditure below Transportation Centers 5,155,000 5,155,000 5,155,000 Charges for Services 1,028,870 1,028,870 1,028,870 Fines & Forfeitures 249,171 249,171 249,171 Earnings on Investments 120,000 120,000 120,000 Rental Revenue 1,013,838 1,013,838 38,280 1,013,838 Misc 161,000 161,000 199,280 Northwest Emergency Management Team Exercises $37,052 reimbursements for training exercises; $1,228 WMC Foundation reimbursement for "Books for Babies";See corresponding expenditures below Total Revenue 38,514,530 38,514,530 (307,520) 38,207,010 Expenditures 97,120 Salaries 17,823,455 47,000 17,870,455 17,967,575 $50K Fire department OT; $47K East Vail increased bus service Benefits 6,170,004 6,170,004 6,170,004 Subtotal Compensation and Benefits 23,993,459 47,000 24,040,459 97,120 24,137,579 3.4% 10,000 117,780 28,880 Contributions and Special Events 2,047,399 125,000 2,172,399 2,182,399 Off-cycle contributions: $10K Vail Chamber for Pioneer Weekend All Other Operating Expenses 7,680,184 98,764 7,778,948 7,896728 Northwest Emergency Management Team Exercises in Keystone, CO and Rio Blanco County $37,052; $1,228 for children's books for "Books for Babies; $4,500 for Library books, materials, etc.; see corresponding reimbursements above Heavy Equipment Operating Charges 2,303,300 2,303,300 2,332,180 $29K East Vail increased bus service Heavy Equipment Replacement Charges 668,654 668,654 668,654 Dispatch Services 663,307 663,307 663,307 Total Expenditures 37,356,303 270,764 37,627,067 253,780 37,880,847 % increase vs. prior year Revenue Over (Under) Expenditures 1,158,227 (270,764) 887,463 (561,300) 326,163 Beginning Fund Balance 23,619,174 27,300,260 27,300,260 Ending Fund Balance $ 24,777,401 $ 28,187,723 $ 27,626,423 As % of Annual Revenue 64% 73% 72% 8 June 20, 2017 - Page 165 of 503 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2017 Proposed Original 1st 2017 2nd 2017 Budget Supplemental Amended Supplemental Amended Revenue 2% 1% Total Sales Tax Revenue: $ 26,100,000 $ 26,100,000 $ (565,000) $ 25,535,000 2017 proposed at a 2% increase from 2016 amended; then 2% each year Sales Tax Split between General Fund & Capital Fund 62/38 60/40 $ (214,700) 60/40 Sales Tax - Capital Projects Fund $ 9,918,000 $ 9,918,000 $ 9,703,300 $215K to adjust for current shortfall; 38% to CPF Use Tax 1,545,000 1,545,000 1,545,000 2017 assumes no new major redevelopments Other State Revenue - 704,000 704,000 704,000 Bus Grant awarded from CDOT Lease Revenue 159,135 159,135 159,135 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K) Employee Housing Fee -In -Lieu - 500,000 - Recognize YTD collections Project Reimbursement 65,000 50,000 115,000 615,000 2017: $45K reimbursement from Holy Cross for engineering costs for underground utility projects- See corresponding expenditure below; $455K from the traffic impact fee for the WMC/Frontage Road project design; $50K Use of Holy Cross Community Enhancement Funds to offset project at Liftside to Glen Lyon Office Building. $65K per year revenue share agreement with Resort App Timber Ridge Loan repayment 463,252 28,500 491,752 491,752 $28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge Fund Earnings on Investments and Other 113,588 113,588 113,588 0.7% rate assumed on available fund balance Total Revenue 12,263,975 782,500 13,046,475 285,300 13,331,775 Expenditures Maintain Town Assets Bus Shelters 50,000 40,612 90,612 90,612 Annual maintenance; Re -appropriate for repairs to Spruce Way bus shelter and lights Parking Structures 690,000 156,826 846,826 846,826 Re -appropriate to complete VTRC elevator upgrades; Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs Traffic Impact Fee and Transportation Master Plan Updates - 61,236 61,236 61,236 2017: Continuation of Update of Traffic Impact Fees: $65K; Transportation Master Plan: $85K Facilities Capital Maintenance 582,625 54,180 636,805 636,805 Re -appropriate 2016 savings for updates to Town Manager residence; 2017: Includes Community Development Conference room furniture ($18K), remodel of lockers and restroom at Vail Transit Center ($100K) and roof for PD building (pending municipal renovation) ($100K). Donovan Park Pavilion 5,000 5,000 10,000 10,000 Re -appropriate Annual $5K Maintenance to repair HVAC Street Light Improvements 50,000 65,257 115,257 115,257 Annual maintenance to street lights; LED light enhancements Capital Street Maintenance 1,320,000 1,320,000 1,320,000 Use of 2016 savings ($122.8K) for pedestrian safety improvements- see corresponding in pedestrian safety project; On- going maintenance to roads and bridges including asphalt overlays, patching and repairs; West Forest Bridge Repair - 347,497 347,497 347,497 Major Bridge Repair Projects based on bi-annual bridge inspection Kinnickinnick (West) Bridge Repair - 341,637 341,637 341,637 Major Bridge Repair Projects based on bi-annual bridge inspection Radio Replacement - 18,900 18,900 18,900 Additional Radios for backup radios and crew expansion; related yearly County fees ($10K) included in HEF. Town -wide camera system 70,000 70,000 (15,000) 70,000 2017-2019 replace Bosch system(30 cameras); 2016 included $22K for replacement of cameras and equipment; Recorders cost $7-8K each; cameras range from $800 - $3,800 each Audio -Visual capital maintenance 84,000 84,000 69,000 Transfer $15K of savings to be used for Resort Application for the new lodging feature; Audio visual, phone and IT equipment for an EOC at the West Vail Fire Station - funded by a NWCOG grant listed above Document Imaging 43,000 43,000 43,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers. 2017: $22K for 25 Laserfiche licenses, $21K for annual maintenance Software Licensing 56,000 56,000 56,000 Upgrade Microsoft products on all equipment; renewal of licenses; $3K per year increase from original 5 year plan due to additional software products Police Training Mgmt. software 5,395 5,395 5,395 PeACEq training mgmt. software to track training and employee evaluations Hardware Purchases 175,000 175,000 175,000 2017: $120K PC and laptop replacements (150-175 total); $55K Omnicube at Fire Station3; Scheduled rotation of PCs, printers and servers Data Center (Computer Rooms) 15,000 879,036 894,036 894,036 2017: Increase includes remodel / retrofit of upper and lower computer rooms ( power, heating / cooling, fire suppression). Possible relocation into a combined room offsite is being explored. Website and e-commerce 12,000 12,000 12,000 Internet security & application interfaces; website maintenance; includes $550/month for web hosting svcs Fiber Optics / Cabling Systems in Buildings 15,000 15,000 15,000 Repair, maintain & upgrade cabling/network Infrastructure 9 June 20, 2017 - Page 166 of 503 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2017 Proposed Original 1st 2017 2nd 2017 Budget Supplemental Amended Supplemental Amended Network upgrades 30,000 30,000 30,000 Computer network systems - replacement cycle every 3-5 years; 2015, 2020 replacement of switches and routers Phone System Upgrade 60,000 22,855 82,855 47,825 82,855 2017: IPO Phone system replacement ($40K), normal replacement of (pads, (phones $20K Business Systems Replacement -- 47,825 $13K to upgrade the financial reporting module; $1K to complete Community Development permitting software Public Safety System 250,000 250,000 250,000 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; 2017: WebRMS upgrade ($150K), Dispatch remodel console replacement ($16K), Fire and police mobile data computer replacement ($24K), Audio Visual EPC ($10K) Transit Center Generator 27,662 27,662 27,662 Re-appropriate to complete the replacement of generator at the Vail Village transit center; includes testing and connecting elevator to generator service. Police E-ticketing system - - _ Electronic ticketing system; reduces data entry done by officers to record physical tickets; will interface with Full Court system Generator for East Vail Fire Station - 10,290 10,290 10,290 Re-appropriate to complete replacement outdated generator at Station 1 Portable vehicle lift - 15,658 15,658 15,658 Re-appropriate for replacement lift to service vehicles in fleet; current lift is 30 years old Vehicle Expansion 746,500 746,500 746,500 2017: Snowplow ($21 OK), Loader with plow($290K) , sweeper broom for loader ($25K); 2016: 4 flatbed pick up trucks for Streets crews, Electricians, Irrigation crew, and Wildland Fire, Truck with end dump loader($210) Total Maintenance 4,259,520 2,046,646 6,306,166 32,825 6,338,991 Enhancement of Town Assets Guest Services Enhancements/Wayfinding - 956,114 956,114 956,114 Re-appropriate for continuation of Guest Service / Wayfinding enhancements outside of VRA district East Vail Fire Station - 838,228 838,228 838,228 Re-appropriate to complete the Renovation of East Vail fire station (Final bill payment) Energy Enhancements - 92,900 92,900 92,900 Implementation of energy audit enhancements; includes LED lighting project with shared cost of $170K from Holy Cross East Lionshead Circle Vantage Point Walk (VRA) 185,000 185,000 185,000 Improvements to Vantage Point walkway as requested by Vantage Point Pedestrian Safety Enhancements 135,000 122,830 257,830 257,830 Savings from capital street maintenance to be used towards pedestrian safety enhancements; 2017: Phase II- Vail Valley Drive and Glen Lyon Crosswalk sign and lighting; 2018: Lighting for Main Vail roundabouts and West Vail Roundabouts (approved by council on 7/5/16 Library Self-Check System Updates 18,000 18,000 18,000 Library replacement kiosk and security gate replacement Chamonix- TOV - 762,548 762,548 762,548 Chamonix- TOV East Meadow Drive Snowmelt 800,000 800,000 800,000 Snowmelt major repairs from Solaris to Austria House/Covered Bride area to be done at same time as the Slifer Plaza construction. This includes paver removal, snowmelt, asphalt replacements with concrete pavers Slifer Plaza/ Fountain/Storm Sewer 1,350,000 105,321 1,455,321 1,455,321 Repairs to Silfer Plaza fountain and storm sewers Neighborhood Road Reconstruction 60,490 60,490 60,490 2017: Continuation of 2015/2016 shared drainage project with ERWSD on Rockledge Rd/Frontage Rd; East Vail road reconstruction design in 2018, Phase I in 2019, Phase II in 2020, Phase III was eliminated. Neighborhood Bridge Reconstruction 1,000,000 385,608 1,385,608 1,385,608 Nugget Lane and Bridge design in 2015-2016 and construction in 2017-2018. Partial Funding is from Federal grants Lionshead Parking Structure Landscape Renovations (VRA) 100,000 100,000 100,000 Improvements to parking structure landscaping Fire Breathing Apparatus 298,000 298,000 298,000 Replacement of all (30) cylinders/compressors purchased in 2007; Updated model addresses safety issues that have been identified in the current model, such as failure in high temperature environments; New units would also allow interoperability with surrounding departments who have gone to this updated unit type. Original budget increased by $23K Colorado Ski Museum renovation - 500,000 500,000 500,000 Placeholder for town contribution toward expansion and remodel of Colorado Ski Museum Parking Entry System / Equipment 18,000 16,200 34,200 34,200 2017: East Betty Ford Way remote access parking equipment for the ADA gate to operate remote, Backup parking sales desktop coder for parking passes; Bus Camera System - - - Installation of software and cameras in buses 10 June 20, 2017 - Page 167 of 503 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2017 Proposed Original 1st 2017 2nd 2017 Budget Supplemental Amended Supplemental Amended Hybrid Bus Battery Replacement 431,772 431,772 431,772 Scheduled replacement; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet Replace Buses 3,083,500 3,520,000 6,603,500 15,000 6,603,500 2017: 7 buses ordered in 2017 scheduled for replacement and delivery in 2018 ($440.5K per bus); Resort App 65,000 65,000 80,000 Transfer $15K from audio visual project; Town "Resort App" mobile application annual fee; offset by revenue sharing agreement Public Works Shops & Maintenance Buildings 150,000 150,000 150,000 2017:Public Works shops heater replacements ($150K each in 2017 and 2018) Public Works Equipment Wash Down/WQ Improvements - 246,967 246,967 246,967 Exterior wash area for large trucks not safe in the winter; also includes improvement to how the waste water is disposed Total Enhancements 7,202,500 8,038,978 15,241,478 15,000 15,256,478 New Assets Municipal Redevelopment 359,330 359,330 359,330 $359K for planning of possible future municipal building redevelopment; $6M was moved forward in the 5 year capital plan to 2018 as a placeholder fora significant remodel should a complete reconstruction occur. Red Sandstone Parking Structure - 1,300,000 1,300,000 1,300,000 WMC / TOV Frontage Road improvements - 455,000 455,000 455,000 2017: Council approved design work of $375K on Apr. 18; Staff has proposed contract award at $455K to include a 3rd party review, utility potholing and public information based on WMC plans for expansion; Improvements would span from LH Parking structure to Municipal building; Design funded by Traffic Impact Fee funds Chamonix Housing Development - 17,728,000 17,728,000 17,728,000 Construction of future housing development 1-70 Underpass (VRA) 3,250,000 638,587 3,888,587 3,888,587 2015-2017 is the town's portion of this project since we were awarded RAMP funding from CDOT and includes the budget increase approved by both Council and CDOT Public Art (VRA) - 153,325 153,325 153,325 1-70 Underpass art project originally budgeted in 2018 East LH Circle pathway to Dobson (VRA) 100,000 100,000 100,000 Planning and Design for project to Improve connection from the E LionsHead bus stop to Dobson originally scheduled in 2016; Project is delayed until 2017/2018 pending master plan revision Dobson Plaza (VRA) 100,000 100,000 100,000 Redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts); planning/design originally scheduled in 2016 was delayed until 2017/2018 pending master plan revision Buy -down Program(Affordable Housing) 500,000 500,000 500,000 Placeholder for deed Restriction purchase program based on Affordable Housing Strategic Plan- contingent upon council approval of program policies and implementation plan Buy -down Program Funded by Pay -in-Lieu - 3,112,482 3,112,482 45,000 45,000 3,112,482 Carry forward current balance of program funding: Housing funded directly by Pay -in -Lieu fees collected from developers; Request to use toward the deed restriction purchase program pending approval of program policies; Includes revenue collected in 2016 ($505,277) Underground Utility improvements - 280,000 280,000 325,000 Use of Holy Cross funds for engineering costs for Big Horn Road and South Frontage Road bids; $Appropriate for Rockledge Road, $50K; 1-70 Underpass (CDOT $105 & Holy Cross $75K); $50K for undergrounding electric between Glen Lyon office building and Liftside; Total New Assets: 3,750,000 24,226,724 27,976,724 28,021,724 Total Expenditures 15,212,020 34,312,348 49,524,368 92,825 49,617,193 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 3,585,000 2,291,912 5,876,912 5,876,912 2017: 1-70 Underpass ($3.9M); $177K public art; $31 K for Lionshead parking expansion joints; Lionshead parking structure landscape improvements and Vantage Point Walk; LH Circle pathway to Dobson ($100K); Dobson Plaza ($100K); Revenue Over (Under) Expenditures 636,955 (30,600,981) 192,475 (30,408,506) Beginning Fund Balance 15,828,727 35,990,414 35,990,414 Ending Fund Balance 16,465,682 5,389,433 5,581,908.40 11 June 20, 2017 - Page 168 of 503 12 June 20, 2017 - Page 169 of 503 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2017 Proposed Original 1st 2017 2nd 2017 Budget Supplemental Amended Supplemental Amended Revenue Real Estate Transfer Tax $ 5,850,000 $ 5,850,000 $ 5,850,000 2017 is a 10% decrease from 2016 budget and a 3.8% decrease from 2015 actuals. Golf Course Lease 140,094 140,094 140,094 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account" (accompanying expenditure listed below) Intergovernmental Revenue 720,000 155,125 875,125 875,125 $135K State funding for water mitigation for PW runoff- See corresponding expenditure below; $20K from Eagle County for Intermountain Fuels project; $20K Lottery fund proceeds; 2017 $700K CDOT TAP Grant for water quality improvements at East Vail Interchange, Eagle County contribution for Intermountain Fuels project- see corresponding expenditure below, Project Reimbursements 36,000 36,000 36,000 2017: Contribution from the Nature Conservancy ($36K) for Intermountain Fuels project- See corresponding expenditure below Donations - 5,770 5,770 5,770 Use of $5.7K Sole Power Donations received in 2016 Recreation Amenity Fees 10,000 10,000 10,000 Earnings on Investments and Other 33,064 33,064 33,064 0.7% rate assumed Total Revenue 6,753,158 196,895 6,950,053 6,950,053 Expenditures Maintain Town Assets Annual Park and Landscape Maintenance 1,577,134 1,577,134 1,577,134 Ongoing path, park and open space maintenance, project mgmt.; 2017 added 0.5 FTE for turf & irrigation due to estimated increase in park maintenance for Booth Creek Park and I- 70 underpass medians Management Fee to General Fund (5%) 292,500 292,500 292,500 5% of RETT Collections - fee remitted to the General Fund for administration Tree Maintenance 65,000 39,270 104,270 104,270 Utilize 2016 savings for tree removal project along Gore Creek in 2017; Per Council 4/18, add $20K; Regular maintenance for tree health within the town (spraying, removing, new trees); scale spraying on town-owned property at approx. $120 per tree; Initiating tree- planting program for lost trees Forest Health Management 268,655 268,655 268,655 Operating budget for Wildland Fire crew; 2017 increase for replacement of 1 radio ($4.5K) and new wildland hose ($4K) Intermountain Fuels Reduction 677,656 56,000 733,656 733,656 2017: $677.7K for Phase II as approved by Council; .2016 included $63.7K for Phase I of Intermountain Fuels Reduction Project; $56K contribution from Eagle County($20K) and Nature Conservancy ($36K)- See corresponding contribution above; Street Furniture Replacement 50,000 7,588 57,588 57,588 Utilize 2016 savings for additional benches and bike rack replacements Rec. Path Capital Maint 109,724 94,411 204,135 204,135 Re-appropriate for improvements on Gore Creek trail; Capital maintenance of the town's recreation path system Park / Playground Capital Maintenance Adopt a Trail Alpine Garden Support 83,025 69,700 83,025 69,700 5,000 83,025 5,000 69,700 Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance Staff recommendation for $5K council contribution to be used towards trail maintiance for the 9 trails in Vail that have been adopted by the program Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increase Alpine Garden - Fountains 30,000 30,000 30,000 Contribution request for assistance with repairs to water fountains Eagle River Watershed Support 45,450 45,450 45,450 Annual support of the Eagle River Watershed Council programs with 1% increase for 2017; 2016 increased due to rollover of unused 2015 funds Public Art - Operating 106,846 106,846 106,846 Art in Public Places programming 12 June 20, 2017 - Page 169 of 503 13 June 20, 2017 - Page 170 of 503 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2017 --- Proposed Original 1st 2017 2nd 2017 Budget Supplemental Amended Supplemental Amended Environmental Sustainability 474,645 5,770 480,415 480,415 Environmental Sustainability programs; 2017: $62K to complete Sustainable Destination Certification; $12K for energy management software to track the town's progress toward goals; $15K Solar feasibility study; Rollover of Sole Power donations received in 2016 $5.8K Total Maintenance 3,850,335 203,039 4,053,374 4,058,374 Enhancement of Town Assets Glen Lyon Rec. Path Reconstruction 150,000 150,000 150,000 Reconstruction of Glen Lyon Rec Path to be completed with the construction of the 1-70 underpass ($150K) Chalet Road Sport Courts - 40,000 40,000 40,000 Re -appropriate $40K to complete sports courts on Chalet Road Soft Surface Trails 100,000 100,000 100,000 Trail enhancements Donovan Park Improvements 64,947 64,947 64947 , Re -appropriate to complete payment for Donovan Park picnic shelter and playground maintenance Library Recreation Path Reconstruction Streambank/tract mitigation Water Quality / Storm Water Streamtract Education/Mitigation Water Quality Infrastructure Streambank Mitigation East Vail Water Quality TAPS - 400,000 500,000 - 1,160,000 10,000 571,575 958,685 (34,889) 10,000 971,575 1,458,685 - 1,125,111 (971,575) (1,458,685) 273,199 1,520,255 636,806 10,000 - - 273199 , 1,520,255 636,806 1,125,111 Repairs to the recreation path from the Vail Library to Lionshead Transferred to new project codes to clarify and better align project budgets- See transfer below; Re -appropriate to continue repairs to Gore Creek stream bank; transfer $12K to Ford Park projects; Based on Eagle River Water District study results; Includes estimates for stream bank repairs (from water to bank) and riparian repairs (from bank to land area and revegetation); Project will span several years as part of "Restore the Gore" Transferred to new project codes to clarify and better align project budgets- See transfer below; Includes $135K in state grant funding for water mitigation at PW for roof runoff (see corresponding reimbursement above); Re -appropriation of 2016 funds to continue water quality improvement to Gore Creek; Storm water and water quality projects as part of "Restore the Gore"; $51.5K in 2017 is for signage, marketing etc.; Education/marketing/ ect for water quality for "Restore the Gore" and water quality improvements Infrastructure improvements/repairs for Gore Creek streambank and riparian repairs; Includes $135K in state grant funding for water mitigation at PW for roof runoff Streambank mitigation for Gore Creek streambank East Vail Water Quality Improvements; CDOT TAP grant funding of $700K in 2017; Adjust budget to reflect the $75K moved forward to the 2016 budget year East Vail Interchange Improvements 1,039,764 (50,957) 988,807 988 807 Re -appropriate to continue landscaping design and construction of the interchange; Adjust budget to reflect the $75K moved forward to the 2016 budget year Dowd Junction repairs and improvements - 365,835 365,835 365,835 Re -appropriate to continue re -stabilization of Dowd Junction path; Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sand (ERWSC) Bighorn Park Improvements 100,000 125,000 225,000 225,000 2017: Transfer budget from Ford Park projects; Park improvements and upgrades including shelter upgrade, ADA access, drainage improvements, playground mtc, new stairs added to west end, irrigation improvements, and planting around pond Ford Park Portal Improvements - 330,704 330,704 330,704 Re -appropriate to continue improvements to Ford Park entry points Ford Park Playground/Lower Bench Improvements 300,000 (300,000) Transfer dollars to Ford Park Improvements project; work combined for contracting purposes) 2017: Schoolhouse garden ($150K), shelter at the sports fields ($150K) Open Lands Plan - 177,192 177,192 177,192 Continuation of Comprehensive Open Lands Plan Update Booth Creek Park - 384,768 384,768 384,768 Re -appropriate to continue 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. 13 June 20, 2017 - Page 170 of 503 14 June 20, 2017 - Page 171 of 503 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2017 Proposed Original 1st 2017 2nd 2017 Budget Supplemental Amended Supplemental Amended Public Art -General program /art 85,000 482,310 567,310 567,310 To purchase sculptures, artwork, art programs and events; remainder is re -appropriated each year to accumulate enough funds. Also includes 2016 sales from manhole covers Public Art - Winterfest 14,295 14,295 14,295 Carry over balance from 2016 ($14K) and recognize donations made for Winterfest event ($261). Total Enhancements 3,834,764 3,139,465 6,974,229 6,974,229 VRD-Managed Facility Projects Recreation Enhancement Account 140,094 140,094 140,094 Annual rent paid by Vail Recreation District; to be re -invested in asset maintenance; Golf Course - Other 79,504 542,868 622,372 622,372 2017: Design and planning to replace bridges at holes 13 & 14 ($50K), replace stone veneer with timber railings ($16.4K),rebuild irrigation pumps ($13.1K); 2016 included $400K for storage building; asphalt driving and parking area Dobson Ice Arena 364,534 44,344 408,878 408,878 2017: remodel rink bathrooms and changing rooms ($131.1K), rock wall repair ($10.5K), clean wood structure ($38.2K), replace pumps ($45.9K), redesign and rebuild electrical room ($120.2K); 2016 pavers and concrete slab replacement ($54K); 'Re -appropriate to complete pavers and concrete slab replacement in 2017 Ford Park / Tennis Center Improvements 120,000 58,245 178,245 178,245 2017: replace roofing on tennis center ($81.5K), replace gutters ($9.3K), remodel bathrooms ($31 K), replace lockers ($13.1K), furnace ($13.7K), hot water tank ($7.6K), and base board heaters ($18.6K) Athletic Fields 8,195 21,250 29,445 29,445 2017: paint wood structure and exterior trim ($8K); 2016: rooftop replacement for restrooms and athletic field ($21.3K) Gymnastics Center 16,489 35,600 52,089 52,089 Re -appropriate for installation of cooling system in 2017 ($57.5) Nature Center 40,000 69,754 109,754 109,754 2017: Research on historical preservation and design ($40K); 2016 Exterior windows, doors, wood siding and slope roof ($69.8K) Total VRD-Managed Facility Projects 768,816 772,061 1,540,877 1,540,877 New Assets Golf Clubhouse &Nordic Center 1,077,912 1,077,912 1,077,912 Re -appropriate to complete clubhouse renovation; 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 675,624 675,624 675,624 Combine prior budget amounts for various Ford Park projects in 2017 such as Lighting control system ($98K), landscape improvements ($175,297), schoolhouse garden and softball shelter ($300K); West Betty Ford Way - Maintenance Bldg ($198K); Riparian planting ($12K); transformer enclosure ($35K) Total New Assets: - 1,753,536 1,753,536 1,753,536 Total Expenditures 8,453,915 5,868,101 14,322,016 14,327,016 Revenue Over (Under) Expenditures (1,700,757) (7,371,963) (7,376,963) Beginning Fund Balance 4,423,431 11,256,285 11,256,285 Ending Fund Balance $ 2,722,674 $ 3,884,322 $ 3,879,322 14 June 20, 2017 - Page 171 of 503 ORDINANCE NO. 8 SERIES OF 2017 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2017 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD TH ERETO. WHEREAS, contingencies have arisen during the fiscal year 2017 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 28, Series of 2016, adopting the 2017 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2016 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 253,780 Capital Projects Fund 92,825 Real Estate Transfer Tax Fund 5,000 Total $ 351,605 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants Ordinance No. 8, Series of 2017 June 20, 2017 - Page 172 of 50; 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 20th day of June, 2017, and a public hearing shall be held on this Ordinance on the 11th day of July, 2017, 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 2017 June 20, 2017 - Page 173 of 50: The Vail Town Council agreed on March 2, 2004 to schedule consideration of requests for additional town funding at the mid -year point, rather than considering requests on a case -by case basis throughout the year. There are now two specific opportunities for organizations to request contributions — once during the annual budget process for the following year and again in the current year. The purpose of the mid -year review is to provide an opportunity for organizations that have newly identified projects or unforeseen changes to their budgets to come forward all at the same time and for Council to provide consistent criteria and evaluations. Contributions will be awarded to applicants who can show the contribution will be used directly to benefit the entire community of Vail. Any additional funding recommended at this time is subject to approval by ordinance of a supplemental budget appropriation. You are being sent this package because of your organizations recent request for mid -year funding. The following items are included: 1) Contribution Policy/Disclosure 2) Application for Town of Vail Funding 3) Application for Town of Vail Funding/Balance Sheet 4) Application for Town of Vail Funding/Statement of Sources and Uses A complete submission must be received at the Town of Vail by 5pm May 31, 2017 to qualify for additional funding in 2016. Funding will be determined solely from the written application; no in-person presentations will be held. If the Town Council has questions about your application, you may be contacted by a staff member at a later date. Individual requests throughout the year, outside this process, will not be considered. If you have any questions on materials to be submitted, please do not hesitate to contact Carlie Smith, Sr. Budget Analyst at 479-2119. June 20, 2017 - Page 174 of 50: CONTRIBUTION POLICY TOWN OF VAIL 1 All contribution requests received by the Town of Vail will be processed in the following manner: A. All requests must be submitted in writing using the town's application for funding. You may submit financial information (Balance Sheet and Statement of Sources and Uses) ONLY if it does NOT exceed 2 pages in length. Please do not attach additional information. Incomplete applications and supplemental information will not be accepted. THE TOWN COUNCIL WILL ONLY BE GIVEN YOUR COMPLETED APPLICATION FORMS. NO SUPPLEMENTAL INFORMATION WILL BE GIVEN TO THE TOWN COUNCIL. B. All applications for midyear funding in 2017 shall be sent to the town by May 31, 2017 by 5:00 P.M. C. The Town Council will evaluate the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the Town's mission, and how this contribution will affect our resort community's future health. The Town Council's mission statement reads: In order to be the premier international mountain resort community, we're committed to growing a vibrant, diverse economy and community, providing our citizens and guests with exceptional services and an abundance of recreational, cultural and educational opportunities. 2. Disclosures to all applicants: Notification of awards will be sent after the Council reviews the off -cycle contribution requests in July. A. No money will be disbursed until after the supplemental appropriation is approved in July. June 20, 2017 - Page 175 of 50; APPLICATION FOR TOWN OF VAIL FUNDING GENERAL INSTRUCTIONS All applications must be submitted to the Town of Vail by May 31, 2017 by 5:00 P.M.. Please submit an electronic version in a single file (please do not submit separate documents) via email to csmith@vailgov.com. Any application received after that date will not be considered. No hard copies are required. For questions on the financial statements, please contact Carlie Smith at 479-2119. PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: Vail Valley Mountain Bike Association 2. Contact person: Pete Seibert Jr 3. Mailing address: 9 Stillwater Edwards, CO 81632 4. Telephone: (970) 390-1864 5. Members and Titles of your governing board: Jamie Malin President Kat Sedillo Vice President & Secretary Casey Wyse Treasurer Board Member Board Member Board Member Board Member Board Member Ernest Saeger Mark Luzar Bill Hoblitzell Brian Rodine Pete Seibert 6. Amount of contribution requested: $5,000.00 7. Why was this not part of the normal contribution request process for 2016 budgeting (due June 30, 2016)? Adopt A Trail Program began in May of 2016, we are now in a position to focus on a broader fundraising effort. 8. Organization fiscal year-end: December 31st 9. Are your books audited? No 10. How will the contribution be used? Fund Adopt A Trail salaries and expenses for 2017 and 2018. June 20, 2017 - Page 176 of 50: 11. How does your request support item 1C of the contribution policy? Prior to this program Vail area hiking and biking trails were badly neglected due to a lack of adequate USFS staffing. Adopt A Trail is now set for the second summer of trail maintenance including: Booth Creek, Deluge Lake, Gore Creek, Son of Middle Creek, North Trail (4 teams) and Buffehr Creek. USFS will allow addition of more trails next summer which should include more Gore Range/Eagles Nest Wilderness trails. This speaks directly to the abundance of recreational opportunities offered guests and citizens. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? We currently operate countywide and maintain 43 trails (9 in Vail), supporters include: Town of Avon, Town of Minturn, Vail Rec District, WECMRD, Edwards Metro District, Eagle -Vail Metro District, Bachelor Gulch Metro District, Singletree Metro District, Singletree Property Owners Association as well as local businesses and individual donors. Complete list available upon request. 13. Organization's mission statement: To establish Eagle County, Colorado as a premier global mountain biking destination. June 20, 2017 - Page 177 of 50: 2:50 PM 05/31/17 Accrual Basis Vail Valley Mountain Bike Association Balance Sheet As of April 30, 2017 ASSETS Current Assets CheckinglSavings WMBA Checking Apr 30, 17 91,661.45 Total CheckinglSavings 91,661.45 Accounts Receivable Accounts Receivable 5,000.00 Total Accounts Receivable 5,000.00 Total Current Assets 96,661.45 Fixed Assets Furniture and Equipment 1,883.18 Total Fixed Assets 1,883.18 Other Assets Other Assets 563.26 Total Other Assets 563.26 TOTAL ASSETS 99,107.89 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable Total Accounts Payable Total Current Liabilities Total Liabilities Equity Unrestricted Net Assets Net income 50.00 50.00 50.00 50.00 50,920.62 48,137.27 Total Equity 99,057.89 TOTAL LIABILITIES & EQUITY 99,107.89 Page 1 June 20, 2017 - Page 178 of 50: 11:01 AM 05/15/17 Accrual Basis Vail Valley Mountain Bike Association Profit & Loss January through April 2017 Ordinary Income/Expense Income Direct Public Support Individ, Business Contributions Jan - Apr 17 53,572.00 Total Direct Public Support 53,572.00 Program Income Membership Dues 342.50 Program Service Fees -238.13 Total Program Income 104.37 Total Income 53,676.37 Expense Bank Fees 32.99 Contract Services Outside Contract Services 3,322.00 Total Contract Services 3,322.00 Facilities and Equipment Rent, Parking, Utilities Facilities and Equipment - Other 50.00 50.00 Total Facilities and Equipment 100.00 Operations Printing and Copying 44.83 Tools 1,163.28 Total Operations 1,208.11 Other Types of Expenses Insurance - Liability, D and 0 606.00 Total Other Types of Expenses Website Total Expense Net Ordinary income Net Income 606.00 270.00 5,539.10 48,137.27 48,137.27 Page 1 June 20, 2017 - Page 179 of 50: APPLICATION FOR TOWN OF VAIL FUNDING GENERAL INSTRUCTIONS All applications must be submitted to the Town of Vail by May 31, 2017 by 5:00 P.M.. Please submit an electronic version in a single file (please do not submit separate documents) via email to csmith@vailgov.com. Any application received after that date will not be considered. No hard copies are required. For questions on the financial statements, please contact Carlie Smith at 479-2119. PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: Vail Chamber and Business Association 2. Contact person: Alison Wadey 3. Mailing address: 241 S. Frontage Road East Suite 2 Vail, CO 81657 4. Telephone: (970) 477-0075 5. Members and Titles of your governing board: Lourdes Ferzacca (president), Dave Portman (treasurer), Zach Meyers, Michael Staughton, Cabal Yame, Marleen Bosch, Larry Cavanaugh, Brian Butts, Stephanie Pulkrabek, Bill Suarez, Marco Valenti, Ryan Kelsey, Chris Cremer. 6. Amount of contribution requested: $15,000 for Pioneer Weekend 2017, September 22-24. 7. Why was this not part of the normal contribution request process for 2016 budgeting (due June 30, 2016)? Pioneer Days was given to the VCBA by former coordinators, Packy Walker and Joe Hanlon, in January 2017. The VCBA did not know they would be coordinating this event until that time. 8. Organization fiscal year-end: October 31, 2017 9. Are your books audited? No, CPA reviewed. 10. How will the contribution be used? The contribution will be used to pay for rental fees of Dobson Ice Arena, rentals of tables/chairs/staging/etc for the main party Saturday night which will host over 1000 former "Vail Pioneers". This is in addition to a welcome reception Friday night and memorial service and lunch on Sunday. 11. How does your request support item 1C of the contribution policy? Pioneer Weekend began in 2002 when a group of long-time locals decided to organize a reunion for community members that lived and worked in Vail prior to 1973. The event was so popular that they have continued the tradition every 5 years with this year's event hosting over 1000 Vail Pioneers who lived and worked in Vail prior to 1983. Anyone who has a love of Vail and its special community is welcome to attend. Attendees will travel to Vail, many with extended families in tow, to enjoy Vail and all it has offers. The VCBA is working with local entities and businesses such as Epic Discovery, Vail Golf Course, and Betty Ford Alpine Gardens to create activities for attendees throughout the weekends and draws to local businesses. This event will provide room nights, restaurant and retail sales for local businesses. June 20, 2017 - Page 180 of 50; 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? Membership fees and business programming. 13. Organization's mission statement: The mission of the Vail Chamber & Business Association is to responsibly and professionally advocate for economic development and communication capacity for the Vail merchant community that will foster strong collaborative relationships and revenue development opportunities for its membership. (If more room is needed to answer questions, please use the back of this page.) June 20, 2017 - Page 181 of 50; 8:29 AM 05/26/17 Accrual Basis Vail Chamber & Business Association Balance Sheet As of October 31, 2016 Oct 31, 16 ASSETS Current Assets Checking/Savings Checking -Alpine Bank 25.00 First Bank Checking x5589 17,744.03 First Bank Money Market x1259 1,034.12 Total Checking/Savings 18,803.15 Accounts Receivable Accounts Receivable 3,398.33 Total Accounts Receivable 3,398.33 Other Current Assets Undeposited Funds 650.00 Total Other Current Assets 650.00 Total Current Assets 22,851.48 Fixed Assets Furniture, Fixtures, Equipment Less Accumulated Depreciation Total Fixed Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable Total Accounts Payable Other Current Liabilities Payroll Liabilities Total Other Current Liabilities Total Current Liabilities Total Liabilities Equity Opening Bal Equity Retained Earnings Net Income 31,653.19 -26,063.00 5,590.19 28,441.67 420.00 420.00 812.46 812.46 1,232.46 1,232.46 61,482.38 -9,286.43 -24,986.74 Total Equity 27,209.21 TOTAL. LIABILITIES & EQUITY 28,441.67 Page 1 June 20, 2017 - Page 182 of 50: 8:33 AM 05/26/17 Accrual Basis Vail Chamber & Business Association Profit & Loss Budget Overview November 2016 through October 2017 Ordinary Income/Expense Income Income Event / Program Income Golf Tournament Merchant Pass Program Spring Back to Vail Nov '16 - Oct 17 10,000.00 2,000.00 5,000.00 Total Event / Program income 17,000.00 Membership Dues Membership Dues - Wrlteoffs 0.00 New Membership Dues 7,200.00 Trade Out for Dues 600.00 Membership Dues - Other 81,400.00 Total Membership Dues Total Income Total Income Gross Profit 89,200.00 106,200.00 106,200.00 106,200.00 Expense riad Debt 6,000.00 Event / Program Expense Golf Toumament 2,500.00 Uonshead Promos 8,000.00 Spring Back to Vail (Expense) 2,500.00 Think2Perform 2,500.00 Town Council Candidate Forum 1,500.00 Total Event / Program Expense Marketing & Member Services Advertising/Promotions Members Meeting Membership Drive Total Marketing & Member Services Member Services 17,000.00 2,000.00 950.00 500.00 3,450.00 0.00 Miscellaneous 0.00 Office Expense Copier & Fax 4,440.00 Credit Card Fees 1,000.00 Dues and Subscriptions 1,750.00 IT Support / Firewall 1,380.00 Meals & Entertainment 600.00 Office Supplies 550.00 Postage 450.00 Rent 3,000.00 Repairs/Maintenance Computer Maintenance 0.00 EquipmentMaintenance 0.00 Repairs/Maintenance - Other 154.00 Total Repairs/Maintenance 154.00 Telephone / Internet 2,640.00 Website 600.00 Total Office Expense 16,564.00 Page 1 June 20, 2017 - Page 183 of 50; 8:33 AM 05/26/17 Accrual Basis Vail Chamber & Business Association Profit & Loss Budget Overview November 2016 through October 2017 Operating Expense Insurance Directors & Officers Insurance Workers' Compensation Insurance Nov 16 - Oct 17 1,000.00 0.00 Total Insurance 1,000.00 Parking Professional Fees Accounting Total Professional Fees Total Operating Expense Payroll Expenses Insurance - Workers' Comp Payroll Fees Payroll Taxes Salaries & Wages Salary - Exec. Director Staff Parking / Merchant Pass Wages - Office Admin. 3,750.00 0.00 3,750.00 4,750.00 1,030.00 336.66 6,100.00 0.00 37,440.00 974.00 7,488.00 Total Payroll Expenses 53,368.66 Total Expense 101,132.66 Net Ordinary Income 5,067.34 Net Income 5,067.34 Page 2 June 20, 2017 - Page 184 of 50: APPLICATION FOR TOWN OF VAIL FUNDING 1. Name of organization: Vail Memorial Park Foundation, a 501(c)(13) 2. Contact Person: Farnham St. John 3. Mailing address: PO Box 6444 Vail CO 81658 4. Telephone: 970-476-3400 5. E- Mail address: vailmemorialpark@gmail.com 6. Members and Titles of your Governing board: Carl Walker, Chair; David Riddle, Vice Chair; Charlyn Canada, Secretary; Diana Donovan, Treasurer; Pam Brandmeyer; Joe Hanlon; Gussie Ross 7. Amount of contribution requested: $50,000 8. Organizational fiscal year-end: Fiscal year is calendar year. 9. Are your books audited? No, but taxes prepared by a professional, and a copy of annual fi- nancials are filed with town for review and archiving. 10. What category of funding is your organization applying for? Services 11.a. How will the contribution be used? The contribution will be used to cover operating ex- penses so the Board can proceed with the needed construction of Phase 3. The Vail Memorial Park (VMP) approached the Minturn Cemetery District (MCD) for funding on March 13, 2017, and were subsequently denied on April 18. Included is our request for funding from MCD, MCD financials and MCD's letter of denial. The VMP approached the MCD because the TOV is in- cluded in the boundaries of their Special District. In 2017, the mil levy will raise approximately $503,000, of which $447,000 comes directly from the TOV. The VMP cemetery status 501(c) (13) qualifies it for a portion of this dedicated revenue source. Following the denial from the MCD, the VMP Board then approached the County Com- missioners, who currently have staff looking into the matter. As a Special District within Eagle County, the commissioners ultimately appoint the MCD Board members and certify mil levy dis- bursements. Pending the outcome of this review, the interim funding solution is to request a contribution from the town. In the event the MCD changes it's decision and funds the VMP, the town's contribution would be returned. 11.b. How does your request support the item 1C of the contribution policy? Until the advent of the VMP, Vail did not have it's own cemetery. It had proven to be a controversial subject over the years. On one epic election, Vail voters chose to operate and maintain but not provide funding. The development of a final resting place and memorial to those departed is as essential to the core of the community as documents it's history (CO Ski and Snowboard Museum), educating and communicating with our constituency (ch 5), providing for the safety, health and education of our children (Eagle Valley Child Care), and nurturing the natural and beautiful environment in which we live (Betty Ford Alpine Garden). This town amenity completes the fiber of this commu- nity. 12.Who Currently funds your organization? 13 Years ago the town agreed to a $50,000 loan to jump start the VMP. When the Board presented the repayment to the Town Council, the council in turn donated it back to the VMP. At that same time a fundraising effort within the Vail Commu- nity raised $418,923 for the initial development. Currently the VMP relies solely on user fees in the form of memorial selections of which 49% is retained in a perpetual endowment fund, and 51% for operations and future construction and improvements. 13. Organization's mission statement: Per our bylaws; "The mission of the Vail Memorial Park is to serve to celebrate, remember and honor the lives of the many people who have helped define Vail though their experiences and contributions. By paying tribute to these diverse individuals, the Foundation will strengthen our sense of community, build upon our history and connect with others who share a spiritual passion and love for Vail" June 20, 2017 - Page 185 of 50: 2017 Application for Funds from Minturn Cemetery District This application is being made on behalf of the Vail Memorial Park Foundation, LLC (the "VMP") pursuant to C.R.S. §30-20-801 et seq. The VMP is a 501(c)(13) non-profit Cemetery Company established in 2004. The VMP's goal is to provide a natural environment where people can be memorialized and celebrated while simultaneously providing everyone the opportunity to become a part of Vail's history. I. Establishment and Services of the VMP A. Establishment of VMP The Vail community has long acknowledged the need for a memorial park/cemetery within the boundaries of the Gore Creek Valley. In 2001, the public approached and encouraged the Vail Town Council to investigate sites throughout the Gore Creek Valley for the purpose of establish- ing the VMP. Acknowledging this need, the Vail Town Council and Town of Vail formed a citi- zen task force to review possible sites and to formulate an appropriate design concept. In 2003, the Vail Town Council selected the ultimate location of the VMP. The VMP is located on the bike path, across Gore Creek to the southwest of the East Vail exit (exit #180) from I-70. Formerly used as a sheep pasture, the 11+ acre site is designated as open space and the VMP leases this property from the Town of Vail pursuant to a 99 -year lease Thanks to the vision of the founders and the commitment of the Vail Town Council, this previously undeveloped site has been gradually transformed into a tasteful and meditative memorial site designed to embrace the natural environment. The purpose of the VMP was not to create competition with other existing cemeteries, but to of- fer a complementary alternative to the then -existing cemeteries in Eagle County. Although other memorial alternatives already existed in Eagle County, the simple truth was that the majority of Vail's citizenry identifies with the Town of Vail as their home. B. VMP'sGovernance The VMP is governed by a five (5) to seven (7) member Board of Directors ("BOD"). The BOD has staggered 4 -year term limits Similar to the governance of the Riverview Cemetery, VMP's bylaws provide that no Director may receive remuneration or payment in any form. All finance and budgeting decisions are handled directly by the BOD and the BOD is also responsible for the hiring and oversight of an independent contractor who serves as the VMP Administrator. The BOD meets on a monthly basis in the summer months and a bi-monthly basis in the winter months. Meeting minutes are kept at each meeting and are available upon request. C. Services Available at VMP The VMP celebrates and honors the lives of people who helped to define Vail though their expe- riences and contributions to the Vail community. All people who feel connected to Vail have a June 20, 2017 - Page 186 of 50; place in the VMP. Accordingly, the VMP provides a place where those who have lived in Vail, or loved the Gore Creek Valley, can be memorialized. Although non -cremated burials are not per- mitted within the VMP, any current or past resident of Vail or Eagle County and anyone who feels an emotional and/or spiritual connection with the region is invited to purchase a memorial inscription and bury and/or scatter ashes in the VMP. Several types of memorials are available within the VMP. Memorial inscriptions can be placed on stones in shoulder -height, dry stacked walls, or on free-standing boulders. Stone benches are also available in limited numbers as larger -sized memorials. Additionally, ashes of cremated re- mains can be scattered in designated areas and/or buried in biodegradable urns behind the memo- rial walls or under memorial stones. Much like the people of Eagle County, each stone in the VMP is unique. The stones available for inscription have been hand -selected for their shape, hardness and fine-grain quality. These hard stones will hold an inscription much longer than softer stones. Only pre-set stones are available for inscription and a memorial purchaser must choose from the available inventory of these pre- set stones. Formal memorial services are also available in the VMP. In fact, many of Vail's founders have been memorialized in the VMP and their families have held services in their honor at the VMP. As shown in the Service and Sales Summary Table below, the VMP averages about six (6) memorial services in the VMP per year. The VMP charges a minimal fee for these services. Vail Memorial Park Service and Sales Summary: Year Wall Stone Inscriptions Sold Boulder Inscriptions Sold Bench Inscriptions Sold Internment of Ashes Services Held 2004 17 8 2 1 3 2005 15 4 .3 0 5 2006 7 .6 . 2 . 2 5 . . 2007 18 1 1 2 6 2008 9 .9 . 2 . 3 3 . . 2009 6 5 3 5 5 2010 5 .9 . 2 3 4 2011 7 8 4 2 9 2012 5 .6 2 3 8 2013 14 7 1 6 8 2014 4 5 2 2 5 2015 14 6 2 2 9 2016 8 11. 2 2 10 June 20, 2017 - Page 187 of 50; II. VMP Sustainability A. Initial Financing; Phase I and Phase II the VMP Through an initial fundraising campaign in the winter of 2003-2004, the VMP was able to raise approximately $470,000.00 though private donations. These initial funds were raised by and in the Vail community and allowed the VMP to build Phase I of the VMP, which was completed in the summer of 2004. Phase I included the area known as the "Meadows" as well as a gathering area at the entrance of the VMP. At its inception, the VMP established, and the Town of Vail approved, a master plan for the VMP's 11 acres. This plan includes phases for expansion as needed. Subsequent to the comple- tion of the Phase I in 2004, the interest in the VMP and the sale of much of VMP's inventory forced the VMP to explore Phase II of the master plan. In the fall of 2008, Phase II of the VMP was completed and sections of the VMP known as the "Aspens" and "Spruces" were developed. These new areas included additional walking paths, boulders, benches and a dry -stack wall. The development of Phase II was paid for entirely by the initial 2003-2004 funding campaign as well as sales of the VMP's inventory. B. SustainableFinancing In addition to the VMP's plans for sustainable physical growth, VMP has also established a sus- tainable fiscal policy. Unlike the Minturn Cemetery District/River View Cemetery, the VMP does not have a steady stream of revenue generated by real estate taxes. Thus, the VMP has been op- erating on a very tight budget for nearly 13 years. For free and on a volunteer basis, the BOD of the VMP performs all bookkeeping and accounting, provides all computers and software and maintains the records of the VMP. In order to continue its operations, the pricing of the various stones throughout the VMP is de- signed to cover the VMP's current operating expenses as well as provide support for the VMP's perpetual fund. For each stone that is sold, 49% of the proceeds from the sale go to the perpetual fund and 51% go toward the VMP's operations budget. The perpetual fund has not and will not be used for operations. The purpose of the perpetual fund is to sustain the VMP when the VMP reaches capacity and sales are not available to sustain the operations of the VMP. Ultimately, VMP's goal for the perpetual fund is to raise $2 million to cover VMP's costs. Currently, the perpetual fund holds approximately $720,000.00 while the operations account holds approxi- mately $210,000.00. June 20, 2017 - Page 188 of 50; Other than its initial financing effort, the VMP has not received any source of funding other than from the sales of its memorials. VMP is proud that it has not been forced to ask for additional funding from the Town of Vail or its constituents since the opening of the VMP in 2004. Fur- thermore, it is highly unlikely that the very large donations that were provided in 2004 would be provided again. III. Request from Minturn Cemetery District A. Needs Assessment/Request The VMP's inventory of available memorial stones has been depleted. In an effort to provide ad- ditional options to the public and to continue the sales of desirable and available products, the VMP needs to develop Phase III of the master plan. Phase III would include the construction of another dry -stack wall, an improved and expanded path system throughout the VMP, excavation of certain areas and the placement of additional boulders and benches. The VMP originally wanted to begin construction of Phase III in the fall of 2016. To begin this process, the VMP engaged the local landscape architect who designed Phases I and II, received bids from various excavation companies, and received bids from Gallegos masonry for the vari- ous stones that would be placed in Phase III. The cost of this work has greatly increased since the VMP's last expansion in 2008 and, unfortunately, due to financial constraints, the VMP elected to delay the development of Phase III indefinitely. The estimated cost of the entirety of Phase III is approximately $220,000.00. As you can see from the VMP's current financials (enclosed herewith) the VMP may be able to afford the expan- sion into Phase III through use of its operations account (1st Bank Checking). However, the cost of this expansion would completely deplete the VMP operations account and leave the VMP with nothing. The VMP is very wary of the dangers associated with depleting its operations account, as it may cause financial ruin for the VMP. It is because of this concern that the VMP elected to delay the development of Phase III and to seek financial assistance for the first time since 2004. As stated above, the VMP is in need of expansion. Such expansion increases the work required to maintain and operate the VMP. The BOD currently performs all of the VMP's accounting and office tasks for free and on a volunteer basis. Many of these tasks will likely be outsourced as the VMP expands. Furthermore, the VMP's Administrator, who, among other tasks, maintains the VMP, assists with memorial services, meets with prospective clients, sells memorial inscriptions, inscribes the stones, and updates and maintains the VMP website is paid only $31,150.00 for his June 20, 2017 - Page 189 of 50; services. As the VMP continues to expand, these services will undoubtedly require additional work and compensation. Taking the foregoing into account, the VMP is hereby requesting the following from MCD: § $50,000.00 for 2017 § Beginning in fiscal year 2018, VMP is also requesting 18% of MCD's annual mil levy in perpetuity. B. The VMP's Request Complies with Colorado Law The Minturn Cemetery District ("MCD") was created in 1929 and encompasses the towns of Minturn and Vail. The MCD falls under the purview of Colorado Revised Statute §30-20-801 et seq. Accordingly, the MCD is a body corporate with the powers expressly granted to it pur- suant to Colorado law. The VMP's request for funding is permissible under the powers granted to the MCD. One of the powers granted to the MCD is to draw warrants upon the County Treasurer for "cemetery purposes." (C.R.S. §30-20-805(e)). The request made by VMP herein is for cemetery purposes. "Cemetery" is defined by Colorado law as "any place, including a mausoleum, in which there is provided space either below or above the surface of the ground for the interment of the remains of human bodies." (C.R.S. §12-12-101(1.5)). Further, "Internment" is defined under Colorado law as, "the permanent disposition of the remains of a deceased person by cremation, inurnment, entombment, or burial." Taking these definitions into account, and as stated above, one of the services that VMP offers is the burial or internment of the cremated remains of human bodies. Thus, the VMP is a cemetery under Colorado law and the funding request for the VMP's expan- sion and operating costs qualifies as cemetery purposes. Additionally, the VMP is a Cemetery Company registered as an IRC 501(c)(13). This provision of the Internal Revenue Code provides an exemption from Federal income tax for cemetery companies owned and operated exclusively for the benefit of their members or which are not op- erated for profit; and any corporation chartered solely for the purpose of the disposal of bodies by burial or cremation which is not permitted by its charter to engage in any business not neces- sarily incident to that purpose, no part of the net earnings of which inures to the benefit of any private shareholder or individual. June 20, 2017 - Page 190 of 50; Again, VMP qualifies as a cemetery under both Colorado law and the Federal tax code, Accord- ingly, VMP's expenses and the funding request herein falls within MCD's powers because the funds would be used for cemetery purposes. C. The VMP's Request Complies with MCD Governing Documents The MCD's Bylaws do not prohibit MCD from granting the VMP's request. This request would not exceed the MCD's appropriation for 2017 and no further financing request would be neces- sary from the Board of County Commissioners. All that would be required to fund the $50,000.00 request for 2017 and the annual request of 18% of the mil levy thereafter would be for the BOD of the MCD to approve the request by motion and resolution as required under Sec- tion 4(c) and Section 7(d) of the MCD's Bylaws. The VMP is aware that the MCD/River View Cemetery's budget for 2017 has already been set. The VMP is also aware that the MCD's budget includes a line item for "Misc & Other Contin- gency" at a value of $140,000.00. Although this line item likely does not account for the VMP's funding request, the VMP is asking the MCD to consider the option of using $50,000.00 of this budgeted line item to provide for the $50,000.00 request herein. D. VMP Invites MCD Board Member(s) to Attend VMP Meetings The VMP would like to welcome any of MCD's Board of Directors to attend VMP's regular meetings. In doing so, the MCD could be assured that the funds granted to VMP by the MCD would only be used for cemetery purposes, and would not be used illegally, haphazardly or un- wisely. Should the MCD grant the request herein, the VMP would be completely transparent and would advise the MCD where each dollar is being spent. The VMP would greatly appreciate the opportunity to work together in a collaborative fashion with the MCD/River View Cemetery. The VMP believes the VMP and River View Cemetery can coexist as complimentary partners in Eagle County and that by working together both entities can provide a comprehensive and inclusive memorial experience for all. The VMP thanks you in advance for your consideration of this request for funding. June 20, 2017 - Page 191 of 50; 1.4.11.11:k •C Ell n MAY Oil TFitT IMror7 10~7 IALN14L Lie F 1}T.i RAE IIT O!' K T POO If Gil DIC* 41. a+ Baa Mit G+En[Itak s'ED IMYG LUC. faSill 4+0% .{f*?eV•F'rdr-r 14. Id J 0 A4.11Z C. 1 r 53wr p • E TAJV - 1E4).125 1 OM XIS 1'1 ossJ.-fw Rm. rb:s. NA 132 0 OMasr +anti 1:15K4 -4K++ CI p in Art+nd 64.45mwE 8 11.41P1 1171. ,• lid 0 .Yaawab}d L3 of MI +I10 IGC& Ml All AL 1'IMI C.rtlLrt Irrr 44000 Fj• 1 ' Y FY+b.K. 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CSI kflialcer, Ctralrrrwr+ RQ fpr MAW Vail, CO 81.1B581 Dear Cori Mrd 6aard I Ilem a: Tharrk yad for your prederrlehpn el the Minium ium Cemeteryr ChetedrS Iktereh 13. 2017 rrre€tnN Our 4r#ard we* anovurIQ+Md isit you and your board were even Do discussions Owl finding 0 WAY to War serve the reeldentS mil ars 0+ Wil and the Minlum Cemetery Dialricl, ricludeg exploring the poeeidyf of briirriirg the Vail Memorial Park unper 1he euiviCee df the d�trial, As we et rrrmitred at the mierbog, t11* Minium Cemetery Daetrid Board met on Apr11 10, 2017 In •z 1r. session to dugs your reVe5.1. * str.at# ,r 1.114. ritgEttklikek. and 10 seek Regal guidance. Folk:wog our executive session the board discussed your propose! In the fgul*r rree1irrg Al tiaat tin % It Wel the urllirtirnE161$ OIZImica oI the board that we would be krtereited in jointty explQrlri paeefbdrly a1 bringing the Vail Merneriel Park undef Ihe Iti,$pi r IIh t MInI'jin cemerey Diana The tstArci univiimogthe opposed prowdirrg funds in 20.17 and intuture yearn *i rugwipl*d pending further legal gurdarce A11M receiving *l a Wk./ring our April 1Q, 2017 meeting. we haws charred that w nal provide flndrnp n 2017 as you requested. It appears that, among other issues. th*t trintlefring public halt Tim 1 Detrici l0 21 prorate r.nsit' wrtfout a public purpose woukd 11rthi baa milk r' of Arlide 11, Paragraph 2 of the Colas Cons1hrhon The ecestrlulron altltli a Welty MT riCit rrk ct'enyr d0 liOn .0r tr•Mt to. a'tiQP Elf oarrrpanyr, public of pawns, In or Orjd of elate' unkies such d•onapon bereft the count', fed. public ute That bong earl_ awe Wig forward to further disc -as ., to see if rnorppr rt.r9 the Val Merrionad Parkhill th+k klirrtum Cemetery i* aibilitythatow6d tart tri envbes Piease let us know hewr you would kke to pro'xr 7 r Prep:l nt June 20, 2017 - Page 194 of 50; Vail Memorial Park Statement of Assets, Liabilities Net Assets As of Decembor 31, 2016 ASSETS Currant At se LB C!leak ling/Savings Janney Perp al Cora Fund rrtinril P Perpetual Savings let Bank - Chocking Deo 31.16 653,537.03 23, 595.94 255,880.62 Total Cheakinsaiv Ings. 934,013.55 TOt*I Current Assaf !34,13.55 Fixed Ass im Cemetery Improvements 210,508.3g. Equipment 24,17,4$ MCIumu lilted Depreciation -19,507.00 Teal Fixed Assets 215,019.87 TOTAL ASSETS 1,149,032, 47 LIABILITIES $ EQUITY Equity Pi rpetua I Care Fuad Operaling Fund Net Income Total Equity TOTAL LIABILITIES & EQUITY 722,345.93 314,693.92 111,9 2.57 1,149i 32.42 11.1411,032A2 June 20, 2017 - Page 195 of 50; Vail Memorial Park Statement of Revenues & Expenses Jir1aary through December 20115 ..1n . Dec 16 O IFr1u r IrKomeiEKpense Income wn burial perrietiail 500.00 Urn Burial 500.00 Mlcr i i 1s a0,250.00 Services-ntemoriiI _ 1,004.00 Total Inca,rrie 141,5000 Cross RriiIt 141.250.00 Expense &ink Service Charges.¢ Conirt LbDr 51.160.00 Insoriplion p rtisr 5.3111.05 Irriurance 1. .9a Lend Lee;i 40.00 Office Expanse 792.70 Park Moinlerwinge 3 .70 .Professional Fees 430.GO !4A#rklin� 1,3$0.31 Miss Expense 150.27 Oeprec ialion Expense 1,248-00 Total Expense 45.111.35 Net Ordinary Fncame 95,9 05 G1�ar rncarneiExpense Other Inp mq Unrealized {3alrr11,.0#dl 4.052.54 interest Income 14,070.4.5 •.5 Total Other Income 10.02,1.4$ Other EY Construction 1i)1t 2.g $.57 Total Other Ex per5sc 2,$e$.$7 Ned bkhrr Inc9rrri 1$.163112 mit Jricgrne 111.992,57 June 20, 2017 - Page 196 of 50: The Vail Town Council agreed on March 2, 2004 to schedule consideration of requests for additional town funding at the mid -year point, rather than considering requests on a case -by case basis throughout the year. There are now two specific opportunities for organizations to request contributions — once during the annual budget process for the following year and again in the current year. The purpose of the mid -year review is to provide an opportunity for organizations that have newly identified projects or unforeseen changes to their budgets to come forward all at the same time and for Council to provide consistent criteria and evaluations. Contributions will be awarded to applicants who can show the contribution will be used directly to benefit the entire community of Vail. Any additional funding recommended at this time is subject to approval by ordinance of a supplemental budget appropriation. You are being sent this package because of your organizations recent request for mid -year funding. The following items are included: 1) Contribution Policy/Disclosure 2) Application for Town of Vail Funding 3) Application for Town of Vail Funding/Balance Sheet 4) Application for Town of Vail Funding/Statement of Sources and Uses A complete submission must be received at the Town of Vail by 5pm May 31, 2017 to qualify for additional funding in 2016. Funding will be determined solely from the written application; no in-person presentations will be held. If the Town Council has questions about your application, you may be contacted by a staff member at a later date. Individual requests throughout the year, outside this process, will not be considered. If you have any questions on materials to be submitted, please do not hesitate to contact Carlie Smith, Sr. Budget Analyst at 479-2119. June 20, 2017 - Page 197 of 50: CONTRIBUTION POLICY TOWN OF VAIL 1 All contribution requests received by the Town of Vail will be processed in the following manner: A. All requests must be submitted in writing using the town's application for funding. You may submit financial information (Balance Sheet and Statement of Sources and Uses) ONLY if it does NOT exceed 2 pages in length. Please do not attach additional information. Incomplete applications and supplemental information will not be accepted. THE TOWN COUNCIL WILL ONLY BE GIVEN YOUR COMPLETED APPLICATION FORMS. NO SUPPLEMENTAL INFORMATION WILL BE GIVEN TO THE TOWN COUNCIL. B. All applications for midyear funding in 2017 shall be sent to the town by May 31, 2017 by 5:00 P.M. C. The Town Council will evaluate the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the Town's mission, and how this contribution will affect our resort community's future health. The Town Council's mission statement reads: In order to be the premier international mountain resort community, we're committed to growing a vibrant, diverse economy and community, providing our citizens and guests with exceptional services and an abundance of recreational, cultural and educational opportunities. 2. Disclosures to all applicants: Notification of awards will be sent after the Council reviews the off -cycle contribution requests in July. A. No money will be disbursed until after the supplemental appropriation is approved in July. June 20, 2017 - Page 198 of 50; APPLICATION FOR TOWN OF VAIL FUNDING GENERAL INSTRUCTIONS All applications must be submitted to the Town of Vail by May 31, 2017 by 5:00 P.M.. Please submit an electronic version in a single file (please do not submit separate documents) via email to csmith@vailgov.com. Any application received after that date will not be considered. No hard copies are required. For questions on the financial statements, please contact Carlie Smith at 479-2119. PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: World Figure Sport Society 2. Contact person: Karen Courtland Kelly 3. Mailing address: 1991 Saranac Ave. #101, Lake Placid, NY 12946 4. Telephone: 518-304-3029 5. Members and Titles of your governing board: Karen Courtland Kelly, President & Secretary Patrick Kelly, Vice -President & Treasurer Janet Lynn Salomon, Board of Director Slavka Kohout Button, Board of Director 6. Amount of contribution requested: (1) "Free" Day at Dobson Arena ($2,780) or more days if possible for the 2017 World Figure & Fancy Skating Championships September 28 — October 1, 2017. Any officials housing contribution would be greatly appreciated too. 7. Why was this not part of the normal contribution request process for 2016 budgeting (due June 30, 2016)? The 2017 World Figure Championships location process started in January 2017 so Vail had not been considered as a host location until after June 30, 2016. 8. Organization fiscal year-end: June 1st, 2017 9. Are your books audited? New non -for-profit 501(c)(3) EIN #81-2904413 10. How will the contribution be used? Directly to the Dobson Arena and any Vail housing property. June 20, 2017 - Page 199 of 50; 11. How does your request support item 10 of the contribution policy? The 2017 World Figure & Fancy Skating Championships has a direct benefit to the entire community of Vail thereby fulfillment of the Town's mission is furthered. The World Figure Sport Society may award future World Championships to the town of Vail (in the September off season) so the contribution can affect Vail resorts community's future health. The Town Council's mission statement is also met by this World Championship on "Black Ice" which will further Vail as a premier international mountain resort community. The event brings a beautiful World Festival of Skating in the off season which helps to grow a vibrant, diverse economy and community, providing citizens and guests with exceptional services and an abundance of recreational, cultural and educational opportunities. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? Private donations and user fees. 13. Organization's mission statement: The World Figure Sport Society's mission is to help keep skating beautiful by developing the sport of Figure and Fancy Skating worldwide so that skating's endangered structural foundation flourishes and does not become extinct. (If more room is needed to answer questions, please use the back of this page.) June 20, 2017 - Page 200 of 50: APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet Instructions: Round all figures to the nearest dollar. Please present in as much detail as possible. Most Recent Completed Year (Date: 12/31/16 ) Assets: Cash 624. Total Assets $ 624. Liabilities: Sales Tax 52. Total Liabilities $ 52. Net Worth (Total Assets Minus Total Liabilities) $ 572. June 20, 2017 - Page 201 of 50: APPLICATION FOR TOWN OF VAIL FUNDING Statement of Sources and Uses or Profit & Loss Statement Instructions: Round all figures to the nearest dollar. Please present as much detail as possible. Revenues: Current Fiscal Year Budget Total Direct Public Support $ 45,000. Indirect Public Support 5,000. Advertising 5,000. Workshops 15,000. World Figure Champ. & Fest 20,000. Member Dues, Services, etc. 4,000. Misc. Income 10,000. Total Revenue $ 104,000 Expenses: Business Expenses $ 6,000. Contract Services 11,000. Facility Rentals 36,000. Operations 31,000. Travel and Meetings 20,000. Total Expenses $ 104,000. Total Revenue Minus Expense $ 0 June 20, 2017 - Page 202 of 50: Town of Vail Friends of Mountain Rescue Support Request For 2017 May 10,2017 1. Name of Organization: Friends of Mountain Rescue (FMR) 2. Contact Person: Edward Lukes 3. Mailing Address: PO Box 1094, Edwards, CO 81632 4. Telephone: 980-470-9075 5. Members and Titles of Governing Board: Vail Mountain Rescue Group Team Members: Tom Howard President of Board Dan Smith Vice President, Secretary of Board, Sean McGinley Treasurer Rev. Scott K. Beebe Membership Director for VMRG Independent Directors: Dr Reg Franciose MD Surgeon at Vail Valley Medical Center. Jim Frein Investment Management Director Edward Lukes Fund Raising Director 6. Amount of Contribution Requested: $15,000 7. Why was this not part of normal contribution request process for 2016 Budgeting (due June 30, 2016)? FMR only recently became aware of The Town of Vail's application process and grant timetable. 8. Organization fiscal year-end: December 31. 9. Are your books audited? No, however, if the Town of Vail wishes to make a contribution on the conditions that FMR receive a satisfactory audit, FMR will be pleased to have this done. 1 June 20, 2017 - Page 203 of 50: 10. How will the contribution be used? The contribution will be used to help build an Endowment Fund to be used to provide for VMRG's annual operations and capital needs in future years. Following is an explanation: Before FMR's involvement, the rescue volunteers have had to spend valuable time each year away from jobs, families and rescue training to raise money to fund their support needs. As we are entirely staffed by volunteers, support needs are primarily training costs plus the maintenance and purchase of equipment such as helmets, ropes, snow machines, radios, ATVs, rafts, litters and trucks. For example, this year and next we have a major need to replace 40 radios at $1,800 each so that VMRG is using the same technology as local police, fire, ambulance, etc. FMR was established to aid in these efforts and has now committed to raising a $2 million endowment to perpetually fund the group's yearly financial needs. Almost $1.2 million has already been raised from a combination of private individuals and local businesses and foundations. With your help, we can expect to reach our aggressive goal and ensure that Vail residents and visitors will be able to enjoy the back country knowing that in the case of an emergency, there is a trained rescue group poised to come to their aid. 11. How does your request support item 1C of the contribution policy? This request directly meets the town's mission of "providing our citizens and guests with exceptional services and an abundance of recreational, cultural and educational opportunities" as follows: It is not uncommon for residents and visitors to become lost or injured while enjoying and exploring the backcountry. VMRG's all volunteer team makes themselves available for missions every day of the year, 24 hours a day. As more and more people come to live in and visit the Vail area, backcountry incidents which require a response from a trained mountain rescue organization will become more prevalent. VMRG is unique in providing that service. Staffed entirely by volunteers and funded by a combination of private philanthropy and local government and foundation grants, VMRG is ready year-round to respond to any backcountry incident. In 2016 alone, VMRG was called on more than 125 events/rescues ranging from lost hikers and climbers to injured snowmobilers and ATV users. Our volunteer staff also participated over 100 training exercises resulting in the successful recertification by the national Mountain Rescue Organization. We believe that a unit such as VMRG is essential to reaching the goal of being a premier mountain resort community. It has been estimated that building such a group on a non -volunteer platform could cost as much as $3 million per year. FMR is committed to raising the money to ensure that this service continues to be provided to the community essentially free. Your grant can help us reach this goal. A number of rescue stories are available on our web site at: https://vailmountainrescue.org/vmrg-newsletters/. 2 June 20, 2017 - Page 204 of 50; In addition to missions, every week a training session is conducted in the evening or weekend for VMRG team members. In total, another 2,500 hours are devoted to training in recent years. VMRG is the only organization offering backcountry search and rescue services including the training of volunteers. FMR is the only organization supporting the efforts of VMRG through personal and foundation fundraising as well as investment management. VMRG also provides backcountry safety education to the community through weekly TV8 interviews, school tours and presentations, and safety tips included in annual mailing to over 13,000 residents of the county. 12. Who currently funds your organization (other governments, private donations, user fees, etc)? There is no charge to those who are rescued. All costs are covered by the fundraising efforts of FMR and VMRG. It is universally believed that such charges would in some cases discourage a victim from calling for help until it is too late. This is consistent with the policies of the National Search and Rescue Association (NASAR), of which VMRG is a member. Many persons rescued do make donations to support VMRG moving forward. Donations come from many organizations listed in the attached in addition to many individuals and foundations. Significant In -Kind donations come from Eagle County Sheriff Department, Ambulance District and High Altitude Aviation Training Center in Gypsum (HAATS). Insignificant funding comes from State fishing and hunting licenses or CORSAR card purchases. Those revenues are allocated to county sheriffs for extraordinary search and rescue costs, not for regular operating expenses. 13. Organization's mission statement: Friends of Mountain Rescue (FMR) was established to raise and manage money to ensure that Vail Mountain Rescue Group (VMRG) has the resources to maintain a highly trained and equipped search and rescue function. VMRG exists to save lives by providing backcountry search and rescue, as well as public education on back -country safety. The group, which does not charge for its services, is responsible for all search and rescue operations in the unincorporated areas of Eagle County. 14. Balance Sheet: See attachment 15. Statement of Sources and Uses or Profit and Loss Statement: See Attachment 16. Current Fiscal Year Budget: See attachment. Attachments: 2016 Revenue and Expenses 2016 Year End Balance Sheet 2017 Revenue and Expense Estimate List of Supporting Organizations 3 June 20, 2017 - Page 205 of 50; Business and Organization Supporters of Friends of Mountain Rescue and Vail Mountain Rescue Group as of March 13, 2017 A+ Handyman, Inc. Aljouny Condo Account Allegria Spa Alpenrose Alpine Bank Alpine Builders Hardware Alpine Club Alpine Quest Sports Amarc Inc Antlers A -Peak, INC. Apex Mountain School Ascent Sotheby's Reaty Aspen Food Service Inc. Avon Bakery Bald Mountain Townhouse Beaver Liquors Beverage Distributors Blue Moose Blue Plate Bistro Bobs Place Bookworm Brown Shoe Company C Denton Advisors Inc Cafe Milano Catalyst Foundation Cayman Kiss Hair Co Charter Sports Chicago Backpackers Christy Sports Collett Enterprises Inc Colorado Business Bank Columbine Bakery and Cafe Comerford Insurance Agency Coors Cos Bar Country Club of The Rockies Crazy Mountain Brewery De Sena Associates Diamante Cabo San Lucas Digits Nail Boutique Dromma Designs Dutch Automotive LLC June 20, 2017 - Page 206 of 50; Eagle County Courts Eagle Ranch Golf Club Eagle Vail Golf Club Eagle Valley Community Fund El Pomar Foundation Elway's Cherry Creek Epic Promise Eric Johnson architect, p.c. e -Town Ewing Trucking and Construction Fox Hollow LLC Gasthof Gramshammer Inc Gerstenberger Family Trust Golden Eagle Inn Gore Range Brewery Gorsuch Family Grouse Mountain Grill Gypsum Creek Golf Club Haute Route Gear & Apparel, Inc Henry Levine, M.D., Family Foundation, Inc. High Country Copiers Inspirato LLC J. W. Marriott - Denver Juniper Resturant Kalstrom Energy Partners LLC Ken Kanners & Associates, LLC Kimberly's Fine Jewelry Kirby Cosmos Kitchen Collage La Cantina at Vail Lee's Web Gallery Loaded Joe's Lone Star Security & Safety Services Lowe's Denver Hotel Magustos Marmot Maya Resturant Minturn Anglers Mirabelle Resturant Montana's Smokehouse Mountain Standard Restaurant Mount -N -Frame, Inc. Naturescapes Landscape Specialists, Ltd. North West Roofing Northside Coffee Kitchen Nova Guides June 20, 2017 - Page 207 of 50: Off -Piste Sports Old Gypsum Printer O'Reilly Hospitality Management Oursiman Company LLC Park Hyatt Beaver Creek Resort Pazzo's Pizza Peak Resort Services Inc Pia Design Piney River Ranch Piper Architecture PMG Mountain Homes LLC Portofino Jewelry Prudential Financial Inc. QDW Properties LLC QEP Resources Red Mountain Grill Red Sky Ranch Riverwalk Wine & Spirits Robuck Petroleum LLC S & S Cottonwood Avon, LLC Sarah's Massage SCM Development Company Sign Design & Awning LLC Simply Massage Slifer, Smith and Frampton Foundation Smiling Moose Deli Sonnenalp Country Club South Point Hotel and Casino Sports Authority Sportube Springhill Medical Inc. Stand Up Paddle Colorado Starbucks of Edwards State Bridge Subtop, Inc. Surefoot Sweet Basil Ten Mile Creek Kayaks Terra Bistro The Club at Cordillera The General Store at Lionshead Inc The Osprey at Beaver Creek The Pines Lodge The Red Lion The Sebastian The Sonnenalp of Vail Foundation June 20, 2017 - Page 208 of 50: Ti Amo Triangle Services Tuscan Resort TV -8 Unlimited Adventures Vail Fine Art Vail Golf Club and Vail recreation District Vail Mountain Coffee & Tea Co. Vail Pinball Association Vail Racquet Club Vail Resorts Vail Resorts EpicPromise Vail Surgical Center Vail Valley Anglers Vail Valley Foundation Vail Valley Partnership Vail Valley Pharmacy Vail Valley Rolfing Vail Vision Valley Girl Boutique Vista at Arrowhead Vorlaufer Condominium Association Walt Horton Studios Walter Properties LLC Wayne Haskins Construction Inc. Westcliffe Housing Foundation, Inc. Westin Riverfront Resort Weston Snowboards Whitman Wonderland, LLC Yama Sushi Zola Muntu Program Consultants June 20, 2017 - Page 209 of 50: Friends of Mountain Rescue 2017 Revenue and Expense For Twelve Months Ending December 31, 2016 REVENUES FUNDRAISING REVENUE Auction Items $ 58,735 Benefit Tickets $ 30,430 Merchandise Sales $ 3,340 Donations $ 239,892 TOTAL FUNDRAISING REVENUE $ 332,397 COSTS RELATED TO FUNDRAISING EVENT RELATED EXPENSES Auction Items $ (21,833) Benefit Expenses $ (12,110) Merchandise $ (1,805) TOTAL EVENT RELATED EXPENSES $ (35,748) DONATION RELATED EXPENSES Bank / Credit Card Fees (6,345) Database and Web Site $ (4,785) Direct Mail Expense (Note 1) $ (15,564) Marketing $ (1,621) Postage $ (262) TOTAL DONATION RELATED EXPENSES $ (28,577) INVESTMENT INCOME Dividend, Interest (Securities) $ 19,393 Interest -Savings, Short-term CD $ 92 TOTAL INVESTMENT INCOME $ 19,485 TRANSFERS VMRG Donations for FMR $ 25,000 FMR Donations for VMRG TOTAL OF TRANSFERS $ 25,000 NET OF ALL REVENUES less RELATED EXPENSES $ 312,557 EXPENSES G & A EXPENSES Accounting Fees $ 5,950 Business Registration Fees $ 10 Insurance - Liability, D and 0 $ 3,037 Investment Fees $ 150 Supplies $ 13 TOTAL G & A EXPENSES $ 9,160 CHANGE IN NET ASSETS $ 303,397 Notes: June 20, 2017 - Page 210 of 50: FRIENDS OF MOUNTAIN RESCUE GROUP Comparative Balance Sheet For the Fiscal Years Ending December 31, 2016 and December 31, 2015 12/31/2016 12/31/2015 ASSETS Cash 134,849 124,945 Marketable Securities* 1,010,330 688,686 Inventory Prepaid Expenses 4,450 TOTAL ASSETS 1,149,629 813,631 LIABILITIES Accounts Payable Total Liabilities EQUITY Unrealized Gains/(Losses) on Marketable Securities Unrestricted Net Assets Change in Net Assets 891 600 891 600 84,123 51,813 761,218 509,055 303,397 252,163 Total Equity 1,148,738 813,031 TOTAL LIABILITIES & EQUITY 1,149,629 813,631 *Investments are carried on the balance sheet at market value. June 20, 2017 - Page 211 of 50: Friends of Mountain Rescue 2017 Revenue and Expense Estimate REVENUES FUNDRAISING REVENUE Auction Items $ 75,000 Benefit Tickets $ 40,000 Merchandise Sales $ 3,000 Donations $ 250,000 TOTAL FUNDRAISING REVENUE $ 368,000 COSTS RELATED TO FUNDRAISING EVENT RELATED EXPENSES Auction Items $ (10,000) Benefit Expenses $ (34,000) Merchandise $ (1,700) TOTAL EVENT RELATED EXPENSES $ (45,700) DONATION RELATED EXPENSES Bank / Credit Card Fees $ (8,000) Database and Web Site $ (3,000) Direct Mail Expense (Note 1) $ (9,000) Marketing $ (1,600) Postage $ (300) TOTAL DONATION RELATED EXPENSES $ (21,900) INVESTMENT INCOME Dividend, Interest (Securities) $ 30,000 Interest -Savings, Short-term CD TOTAL INVESTMENT INCOME $ 30,000 TRANSFERS VMRG Donations for FMR $ FMR Donations for VMRG $ TOTAL OF TRANSFERS $ NET OF ALL REVENUES less RELATED EXPENSES $ EXPENSES (10,000) (10,000) 320,400 G & A EXPENSES Accounting Fees $ 7,000 Business Registration Fees $ 100 Insurance - Liability, D and 0 $ 3,200 Investment Fees $ 200 Supplies $ 100 TOTAL G & A EXPENSES $ 10,600 CHANGE IN NET ASSETS $ 309,800 Note 1: Related Direct Mail Donations about $90,000 June 20, 2017 - Page 212 of 50: TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 5, Series of 2017, Second Reading, An Ordinance of the Vail Town Council approving an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, deny Ordinance No. 5, Series of 2017. BACKGROUND: The Hill Building is impacted by three adopted view corridors. One of the view corridors is not affected by the proposed application to renovate the building. A second corridor is affected, however, the building currently encroaches into the view corridor and the applicant is proposing to significantly reduce the encroachment and substantial improve the view through the corridor. The third view corridor will be affected by a minimal increase in the height of the building and a chimney. In order to allow for this increase in height to occur, a view corridor encroachment must be approved by the Vail Town Council. STAFF RECOMMENDATION: The Town of Vail Planning & Environmental Commission has reviewed the proposed view corridor encroachment request. Upon review of the request, the Commission has forwarded its recommendation of approval to the Vail Town Council of the request, as proposed. In making their recommendation, the Commission found that the proposed encroachment complied with the criteria for review as outlined in the Vail Town Code. Therefore, the Commission recommends the Vail Town Council approve Ordinance No. 5, Series of 2017 as read. ATTACHMENTS: Description Ordinance No. 5, Series of 2017 May 8 Staff Memorandum Vicinity Map Site Photos Written Request Plans Part 1 Plans Part 2 Review Memorandum Response to View Corridor Encroachment Criteria June 20, 2017 - Page 213 of 50; Power Point Presentation June 20, 2017 - Page 214 of 50; ORDINANCE NO. 5 SERIES OF 2017 AN ORDINANCE OF THE VAIL TOWN COUNCIL APPROVING AN ENCROACHMENT INTO AN EXISTING VIEW CORRIDOR TO ACCOMMODATE MODIFICATIONS TO THE HILL BUILDING, LOCATED AT 254 AND 311 BRIDGE STREET, LOTS C & L, BLOCK 5C, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Vail Town Code § 12-22-6 allows the Town Council to approve encroachments into existing view corridors by ordinance, upon the satisfaction of certain criteria; WHEREAS, the Town received an application to allow an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street (the "Application"); WHEREAS, at a properly -noticed hearing on May 8, 2017, the Planning and Environmental Commission reviewed the Application, and thereafter voted to recommend that the Town Council approve the Application; and WHEREAS, on June 6, 2017, the Town Council held a properly -noticed public hearing on the Application, and after considering the comments of Town staff, the recommendation of the Planning and Environmental Commission and public input, the Town Council wishes to approve the Application. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council finds that the Application satisfies the criteria set forth in Vail Town Code § 12-22-6.C., by clear and convincing evidence. Section 2. Based on such finding, the Town Council hereby approves the Application, and authorizes the encroachment into the view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, as more particularly described in Exhibit A. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 1 6/1/2017 Q: I USERSI VAILIORD12017I HILL VIEW ENCROACH -0060117. DOCX June 20, 2017 - Page 215 of 50; Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of June, 2017 and a public hearing for second reading of this Ordinance is set for the 20th day of June, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2017. ATTEST: Patty McKenny, Town Clerk Dave Chapin, Mayor 2 6/1/2017 Q: I USERSI VAILIORD12017IHILL VIEW ENCROACH -0060117. DOCX June 20, 2017 - Page 216 of 50: 3 6/1/2017 Q: I USERSI VAILIORD12017IHILL VIEW ENCROACH -0060117. DOCX June 20, 2017 - Page 217 of 50: TOWN OF VAIL $ Memorandum To: Planning and Environmental Commission From: Community Development Department Date: May 8, 2017 Subject: A request for review of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a renovation, and a request for a recommendation to the Vail Town Council on an application for encroachments into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for encroachments into View Point #1 for modifications to the Hill Building, located at 254 and 311 Bridge Street (Hill Building)/Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC17- 0010/PEC17-0012) Applicant: Mr. Ed Anderson, dba Mt. Belvedere 45 LLC and 43-45 Riva Ridge LLC, represented by Tom Braun, Braun Associates, Inc. Planner: George Ruther I. SUMMARY The applicant, Mr. Ed Anderson, represented by Braun Associates, Inc, is requesting a review of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a renovation to the Hill Building and a request for a recommendation to the Vail Town Council on an application for encroachments into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for encroachments into View Points #1 and #4 for modifications to the Hill Building, located at 254 and 311 Bridge Street. The proposed renovation maintains the existing uses in the building. The existing uses include retail use on the first floor or ground level of the building and residential uses on the second floor and above levels of the building. The majority of the renovation occurs to the exterior of the building and on the second floor and above levels of the building. To that end, the Exterior Alteration applicant shall be reviewed for compliance with the zoning regulations prescribed by the Commercial Core I zone district, the applicable elements of the Vail Village Master Plan, and the recommendations of the Vail Village Urban Design Guide Plan. 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 approval, with conditions, of this application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST June 20, 2017 - Page 218 of 50: Mr. Ed Anderson, the owner of the Hill Building, located at 254 and 311 Bridge Street in Vail Village, has requested the review of an Exterior Alteration application, pursuant to Section 12- 7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an upper level renovation and exterior re -skin of the Hill Building. To facilitate the proposed renovation and ensure compliance with the Town's adopted building codes, the applicant is also proposing a 32 inch encroachment into View Corridor #4. The scope of work of the proposed renovation includes: • No change in existing uses (i.e. ground floor or street level retail, second floor and above residential. • An extensive renovation to the exterior materials of the building. • Overall decrease of gross residential floor area (- 94 square feet). • Increase of retail floor area of 76 square feet. • Reduction in site coverage (- 371 square feet). • Minor modifications to the massing and overall height of building (60% 33 ft. or less/40% <43ft.). • Increase in softscape landscape area (+ 5 square feet). • Maintain the existing non -conforming enclosed parking space within the structure. The proposed renovation is in compliance with the development standards prescribed by the Commercial Core I zone district. Though the Hill Building is directly affected by three of protected view corridors in Vail Village, the applicant is proposing to comply with said view corridors, and is therefore, not proposing to either amend or encroach into the protected view corridors. According to the applicant, "The goal of this renovation is to create a family home and to restore the Hill Building in a manner that acknowledges and responds to its history, the early architecture of Vail Village, and Town's design goals for Vail Village." A vicinity map (Attachment A), site photos (Attachment B), applicant's narrative (Attachment C), and the proposed site and architectural plans, (Attachment D) are attached for review. III. BACKGROUND: The Hill Building is one of the few remaining original structures in Vail Village. Since its original construction in the early 1960's, a number of additions and changes have been made to the building. However, no substantial additions or changes have been made in the last 20 years. The ownership of the building remained unchanged for nearly 50 years. The Hill Building has recently sold to new owners. The current zoning designation of the property of Commercial Core 1 District (CC1) was established as part of the original Town of Vail zoning regulations via Ordinance No. 8, Series of 1973, adopted on August 7, 1973. IV. APPLICABLE PLANNING DOCUMENTS: Town of Vail Page 2 June 20, 2017 - Page 219 of 50: Staff believes that following provisions of the Vail Town Code, Vail Land Use Plan, Vail Village Master Plan and the Vail Village Urban Design Guide Plan are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Section 12-78 Commercial Core 1 (CC1) District (in part) 12-78-1: PURPOSE: The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village. 12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the planning and environmental commission (PEC). VAIL LAND USE PLAN CHAPTER 11— LAND USE PLAN GOALS / POLICIES: 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. Town of Vail Page 3 June 20, 2017 - Page 220 of 50: 1.4. The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4. Village Core / Lionshead 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) VAIL VILLAGE MASTER PLAN The Vail Village Master Plan identifies the purpose of the plan as follows: "This Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. This Plan emphasizes the critical need to balance and coordinate parking and transportation systems with future improvements to Vail Mountain that will increase the "in and out of Valley" lift capacity. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides valuable information for a wide variety of people and interests. For the citizens and guests of Vail, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future." The Vail Village Master Plan established six goals containing objectives, policies and action steps. The following goals, objectives and policies are applicable to this major exterior alteration proposal. "GOAL #1 ENCOURAGE HIGH QUALITY REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.1: Implement a consistent development review process to reinforce the character of the Village. Policy 1.1.1: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Town of Vail Page 4 June 20, 2017 - Page 221 of 50: Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.1: The historical importance of structures, landmarks, plazas and other similar features shall be taken into consideration in the development review process. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. Policy 1.4.3: Identification of "historic" importance shall not be used as the sole means of preventing or prohibiting development in Vail Village. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2.1.1: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Policy 2.2.1: The design criteria in the Vail Village Urban Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.2: The town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate budding renovations without compromising life, health and safety considerations. GOAL #3 TO RECOGNIZE AS A TOP PRIORITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Town of Vail Page 5 June 20, 2017 - Page 222 of 50: Policy 3.1.2: Public art and other similar landmark features shall be encouraged at appropriate locations throughout the Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas." Chapter 7 of the Vail Village Master Plan identifies eleven Vail Village Sub -Areas. Within each sub -area concepts are described which are meant to serve as "advisory guidelines for future land use decisions by the Planning and Environmental Commission". The Vista Bahn building is located within Sub -Area #3. Sub -Area 3# is as follows: "This pedestrianized area of the Village represents the traditional image of Vail. A mixture of residential and commercial uses, limited vehicular access, and inter- connected pedestrian ways are some of the characteristics that distinguish this area from other portions of the Village. With the exception of embellishing pedestrian walkways, developing plazas with greenspace, and adding a number of infill developments, it is a goal of the community to preserve the character of the Village as it is today. The core area, with it's predominantly Tyrolean architecture is the site of the earliest development in Vail. Over time, a need to upgrade and improve infrastructure such as loading and delivery facilities, drainage, paved surfaces and other landscape features has become apparent. Many improvements to public spaces will be addressed as part of an overall streetscape improvement project. There is also the potential to initiate a number of these improvements in conjunction with private sector development projects. Although it is a goal to maintain design continuity in the Village core, there will be change in the core area's built environment. This is mostly due to the number of Town of Vail Page 6 June 20, 2017 - Page 223 of 50: properties that have not exercised their full development rights. Most notable among these properties are the Red Lion Building, the Cyranos Building, the Lodge at Vail, and the Covered Bridge Building. If each of these and other properties develop to their full potential, there will undoubtedly be a significant increase in the level of development in the Village core. The Vail Village Urban Design Guide Plan has been the primary tool in guiding private development proposals in the core area since 1980. The Guide Plan will continue to be used in conjunction with the goals and design criteria outlined in the Vail Village Master Plan. Infill and redevelopment proposals shall be reviewed for compliance with the design criteria, goals, objectives and policies established in these respective plans." V. SITE ANALYSIS Address: Legal Description: Zone District: Land Use Plan Designation: Current Land Use: Geological Hazards: 254 and 311 Bridge Street Lots C & L, Block 5C, Vail Village Filing 1 Commercial Core 1 Vail Village Master Plan Mixed -Use None Development Standard Allowed/Required Existing Proposed Change Lot/Site Area 5,000 sq. ft. buildable 8,494 sq. ft. 8,494 sq. ft. No Change Setbacks No setbacks required by the Vail Urban Design Guide Plan No Change Building Height 60% at 33 ft. or less 40% at 33 ft. to 43 ft 60% at 33 ft. or less 40% at 33 ft. to 43 ft 62% at 33 ft. or less 38% at 33 ft. to 43 ft +1'-2" Density 25 DUs / acre of buildable 2 units 2 units No Change Parking No parking on site 1 enclosed* 1 enclosed* No Change Gross Residential Floor Area (GRFA) 6795 sq. ft. (80%) , 7,014 sq. ft. (82.5%) 6,920 sq. ft. (81.5%)* - 94 sq. ft. Site Coverage 6,795 sq. ft. (80%) 6693 sq. ft. (79%) 6,322 sq. ft. (74%) 371 sq. ft. Landscaping No reduction in landscape area allowed Landscape reconfigured + 5 sq. ft. Note: * One lawfully established enclosed parking space exists on site. This one space may remain, as is, pursuant to continued demonstration of compliance with the provision contained in Chapter 18 of the Zoning Regulations of the Town of Vail. Town of Vail Page 7 June 20, 2017 - Page 224 of 50: VI. SURROUNDING LAND USE AND ZONING North: South: West East: Existing Use Mixed Use Open Space Mixed Use Open Space Town - Owned Stream Tract VII. REVIEW CRITERIA EXTERIOR ALTERATION Zoning District Commercial Core 1 Agricultural and Open Space Commercial Core 1 Outdoor Recreation It shall be the burden of the applicant to prove by a preponderance of the evidence before the PEC that: 1. The proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-7B-1, Vail Town Code; and, The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The zoning regulations, in accordance with the Vail Village urban design guide plan and design considerations, prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village. Staff finds the proposed exterior alteration is in compliance with the purpose of the CC1 District. The exterior alteration proposal will, "maintain the unique character of Vail Village" and enhance the predominantly pedestrian environment. The proposed exterior alteration, with its uniquely designed architecture and bulk and mass, further ensures the arrangement of buildings fronting on the pedestrian way of Bridge Street and Wall Street. A building of this architectural design and scale is precisely what was intended for Vail Village. As proposed, the overall bulk and mass of the building remains the same, or is only slightly larger. In several areas the mass of the building is being reduced as portions of existing structure are being removed. In other areas, such as the roof, the height of the ridgeline is being increased by up to nine inches. Through the addition of 76 square feet net new retail area the applicant is obligated to comply with the commercial linkage requirements prescribed in Chapter 12-23 of the Zoning Regulations of the Town of Vail. Pursuant to the requirements, the applicant shall remit payment to the Town of Vail of a fee in lieu payment in the amount of $6,483.70. The payment is calculated as follows: (76 net new sq. ft./1,000) x 2.4 per 1,000 = 0.1824 net new employees x 20% mitigate = 0.0365 employees x $177,733 = $6,483.70. Town of Vail Page 8 June 20, 2017 - Page 225 of 50: Staff finds the proposed exterior alteration meets this review criterion. 2. The proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan; and, Staff finds that the application is consistent with the Vail Comprehensive Plan, which includes the Vail Village Master Plan and the Town of Vail Streetscape Master Plan, because the proposal is an upgrade to an existing mixed-use structure. The intent of Objective 1.2 with the Vail Village Master Plan is to, "encourage the upgrading and redevelopment of residential and commercial facilities." In making a determination of consistency with the applicable elements of the Vail Village Master Plan, Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan, the Town sought consultation from Jeff Winston, of Winston LLC. Mr. Winston has served as the Town's Urban Design Consultant for over three decades. A copy of a memorandum from Jeff Winston outlining his thoughts on consistency has been attached for reference. In summary, Mr. Winston concludes the following: • The application is consistent with all Urban Design Concepts • The proposed building maintains and improves the existing level of consistency with all of the applicable elements of the Vail Village Design Considerations • Further consideration should be given to roof materials, facade materials and windows, facade transparency, and landscape elements. Most notably, three large spruce trees should be removed IF more transparency and unifying landscape can be created as a result. The applicant appeared before the Town of Vail Planning & Environmental Commission on May 8th for a worksession. The purpose of the worksession was to present the proposed plans for the renovation of the Hill Building and receive initial feedback from the Commission and public. During the worksession the Planning & Environmental Commission members shared the following comments and/or requested the following information be provided at the time of final review: • A comparison of the sun/shade analysis. • An exhibit demonstrating impacts, if any, to the three adopted view corridors (#1, 2 & 4) • The presence of stucco materials over top of wood on the exterior facade of the building • The stucco handrail atop the second floor deck. • The articulation of the ground floor retail exterior facade. • The ability to covenant or otherwise document the prohibition of vehicles parking on town owned land and outside the one enclosed garage space. • A presentation on how snow will be kept from shedding down onto the pedestrian areas around the building. • The apparent brightness of color of the proposed stucco. • The use of gray colored stone on the chimneys of the building. • The request that no new trees be added into already established view corridors. Town of Vail Page 9 June 20, 2017 - Page 226 of 50: The applicant has addressed each of the comments and requests and is prepared to present their response at the public hearing. Therefore, staff finds the proposed exterior alteration meets this review criterion. 3. The proposal does not otherwise negatively alter the character of the neighborhood; and, The proposal is intended to blend into the existing structure and all materials, finishes, and colors will match existing conditions and not negatively alter the character of the neighborhood. Instead, staff believes this exterior alteration application positively reinforces and further enhances the character of the neighborhood and Vail Village. It is rare to review an application that so extensively renovates a building in Vail Village which proposes to reduce site coverage, decrease GRFA, increase landscape area, and maintain existing density (du/ac). Therefore, staff finds the proposed exterior alteration meets this review criterion. 4. The proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village design considerations, including, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis. The proposal has been reviewed for substantial compliance with the Vail Village Urban Design Guide Plan and Vail Village Design Considerations. Upon review of the proposal, staff generally finds the proposed exterior alteration meets this review criterion, with one exception — view corridors. The Hill Building is affected by three adopted view corridors (View Corridors #1, #2 and #4). Staff has requested that the applicant provide additional information to demonstrate compliance with the Town's adopted view corridors. View Corridor #2 will not be impacted. The Hill Building is non -conforming as it relates to View Corridor #4. And, as proposed, a very small portion of the renovated building encroaches into View Corridor #1. An application for approval to encroach into View Corridor #1 has been submitted by the applicant. The request is to allow for a 32 inch encroachment (8 inch increase in building height plus a 24 inch tall chimney cap) of two chimneys beyond what presently exists today. The reason for the increase in chimney height is to fully comply with the Town's adopted building code standards. The applicant has submitted a written response to the view corridor encroachment criteria outlined in Section 12-22-6 C of the Zoning Regulations of the Town of Vail. Staff finds the applicant has demonstrated by clear and convincing evidence that the encroachment meets each of the five criteria for consideration. The Hill Building presently encroaches into View Corridor #4. Section 12-22-7 prescribes direction for non -conforming encroachments into existing view corridors. In summary, removal is encouraged, but not required. If maintained and not removed, the extent of non- conformity shall not be increased. If reduced, but not fully removed, the new reduced extent of encroachment shall be the basis for the remaining non -conformity. The applicant is proposing to reduce the non -conforming condition and reestablish a new non -conforming Town of Vail Page 10 June 20, 2017 - Page 227 of 50: condition. The new non -conforming condition reduces the current condition by nearly 90%. Staff finds that the modifications being made to the building do not cause the structure to encroach into View Corridor #4 to a greater extent than the existing structure. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, a request for review of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a renovation, and recommends the Commission forwards a recommendation of approval for an encroachment into View Corridor #4, located at 254 and 311 Bridge Street (Hill Building)/Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC17-0010/PEC17-0012) Should the Planning and Environmental Commission choose to approve this exterior alteration request, the Community Development Department recommends the Commission pass the following motions: "The Planning and Environmental Commission approves, with conditions, the applicant's of a request for review of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a renovation, located at 254 and 311 Bridge Street (Hill Building)/Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC17-0010) Conditions: 1. Approval of this exterior alteration request (PEC17-0010) is contingent upon the applicant obtaining Town of Vail approval of an associated design review application and view corridor encroachment application. 2. The applicant shall be required to meet the Commercial Linkage obligations at time of building permit issuance. The applicant shall remit a fee in lieu payment of $6, 483.70 to the Town of Vail. 3. The applicant and the Town of Vail shall review all existing pedestrian easements to verify compliance with existing and proposed uses. Any changes to the easements required shall be mutually agreed upon and recorded with the Eagle County Clerk and Recorder's Office, prior to the issue of a building permit for the proposed renovation. 4. The applicant shall submit a stamped Improvement Location Certificate (ILC) to the Town of Vail, prior to issuance of the building permit indicating the existing conditions of the Hill Building relative to View Corridor #'s 1, 2, and 4. Then, prior to requesting any certificate of occupancy for the building, the applicant shall submit a second ILC to the Town verifying that the building has been constructed in compliance with the approved building permit set of plans. 5. The applicant shall cause a covenant or similar form of restriction to be recorded with the Eagle County Clerk and Recorder's Office against the Hill Building property (Lots C & L, Block 5C, Vail Village Filing 1) prohibiting vehicle parking from occurring Town of Vail Page 11 June 20, 2017 - Page 228 of 50: on town -owned land or otherwise outside the enclosed parking space within the Hill Building. Further, the garage door to the enclosed parking space shall remain closed when not in use for immediate ingress or egress. The restriction shall be in a form reviewed and approved by the Town Attorney. Said restriction shall be recorded by the applicant prior to any request for a certificate of occupancy for the Hill Building. Should the Planning and Environmental Commission choose to approve this exterior alteration request, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section VII of the May 22, 2017 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the proposed exterior alteration is in compliance with the purposes of the CCI District as specified in Section 12-7B-1 of the Zoning Regulations; and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan; and 3. That the proposal does not otherwise negatively alter the character of the neighborhood. Should the Planning and Environmental Commission choose to recommend approval of the view corridor encroachment request, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section VII of the May 22, 2017 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the literal enforcement 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. 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 Town of Vail Page 12 June 20, 2017 - Page 229 of 50: B. Site Photos C. Written Request, dated April 10, 2017 D. Proposed Plans including Building Elevations, dated May 22, 2017 E. Review Memorandum, dated April 21, 2017 F. Response to View Corridor Encroachment Criteria, dated May 14, 2017 Town of Vail Page 13 June 20, 2017 - Page 230 of 50: Hill Building 254 & 311 Bridge Street Lots C & L, Block 5C, Vail Village Filing 1 e 0 25 50 I Feet 100 This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the Information contained herein. (where shown, parcel line work is approximate) Last Modified: May 2, 2017 TOWN OF VAIL' June 20 2017 - Paae 231 of 503 looking from southeast June 20, 2017 - Page 232 of 503 looking from northwest June 20, 2017 - Page 233 of 503 HILL BUILDING 2017 1roti 1,111111 • 01 looking from southwest June 20, 2017 - Page 234 of 503 HILL BUILDING 2017 looking from east June 20, 2017 - Page 235 of 503 HILL BUILDING 2017 looking from northwest June 20, 2017 - Page 236 of 503 Hill Building Renovation Exterior Alteration Application April 10, 2017 Introduction Purpose of this report is to provide a comprehensive description and evaluation of renovation plans proposed for the Hill Building located at the top of Bridge Street and base of Vail Mountain in Vail Village. Renovation plans will maintain existing retail use on the main level and residential use on upper levels, but will thoroughly transform the building resulting in significant enhancement to the architecture and appearance of the building. As outlined in greater detail below, renovation plans conform to the zoning standards prescribed by the Commercial Core I zone district (CCI) and have been designed in conformance with applicable elements of the Vail Village Master Plan and the Vail Village Urban Design Guide Plan. The review process for this project involves Planning and Environmental Commission review of an Exterior Alteration application. This report and project information provided under separate cover has been prepared in accordance with the provisions of Section 12-7B-7 Exterior Alterations or Modifications for CCI. This project narrative has been prepared by Braun Associates, Inc. and the design package has been prepared by 4240 Architecture. i - fora__ .. These photos from the 60's show the Hill Building in its original form. History of Hill Building The Hill Building has played a long and important role in the history of Vail. Blanche Hill owned the property for approximately 50 years and it was the site of one of Vail Village's earliest developments. The original building was a relatively small structure designed by Fitz Hugh Scott. The building epitomized the alpine style evident in many of Vail's original buildings. Vail Hill Building Renovation Exterior Alteration Application 1 June 20, 2017 - Page 237 of 50: Blanche Hill Ski Shop, at the time Vail's first Ski Shop, was one of the original tenants of the building. Residential use was added to the building in subsequent years and this home served as Blanche Hill's personal residence. Since the 60's a number of major additions were made to the building and for the past twenty years the building has remained relatively unchanged. Additions were not always kind to the clean, simple alpine architecture of Scott's original building. Additions were made in a somewhat haphazard manner that resulted in a building lacking in coherency. Building massing, roof lines and forms, and building materials are just some of the elements of the building that are inconsistent with the Town's design architectural and urban design goals for Vail Village. The curved building corner at southwest corner of building, un -aligned roof lines, angled eaves and use of brick are some of the existing building features that are inconsistent with the Town's architectural goals for Vail Village. New owners who recently acquired the property have a long history with and appreciation for Vail. Simply stated, their goal is to create a family home and to restore the building in a manner that acknowledges and responds to its history, the early architecture of Vail Village and the Town's design goals for Vail Village. Overview of Project Parameters and Approach to Design The proposed project is best characterized as a major renovation of the existing building. Basic parameters for the scope of the project include: • Land uses will remain unchanged with retail on the ground floor and a single residence (with a small secondary unit) on upper floors. Hill Building Renovation 2 Exterior Alteration Application June 20, 2017 - Page 238 of 50: • The first level retail store will remain relatively unchanged with only modest changes to the floor area of this space. The exterior of the retail space will however see significant changes to window treatments and a comprehensive re -skin of exterior wall materials. • The upper levels will be removed with the exception of flooring and structural elements of the building. • While there will be major changes to interior spaces and the overall organization of the residence, there will be only a slight decrease from Gross Residential Floor Area. • The overall height of the building is relatively unchanged and there will be only nominal increases to its existing ridge heights. • The most notable changes to the building footprint include a small increase for a new central stair to serve the residence and a reduction of building footprint on the south side of the building. In summary, when compared to a demolition/rebuild, the proposed building renovation is relatively modest in scale. The design approach for the renovation of the Hill Building is twofold; first, the goal is to heal the building and its public surroundings by finding clarity amidst the building's evolution over the past 50 years, and second, to acknowledge the evolution and character of the Town around the Hill Building as the Town has matured into the founders' vision of a European alpine village over the same time span. Because of the Hill Building's significance and interwoven history with Vail Village, the basic form and massing of the building is retained (although an addition to the southwest corner, blocking the view of the mountain from Wall Street, is to be removed). Along Wall Street and at the south facade, the building is stepped back to reduce its apparent mass and create a more favorable street experience for pedestrians. While the original building and subsequent additions were executed in a modern alpine character, the renovation focuses on finding an expression that is in harmony with the traditional European alpine model which the Village has adapted since its inception. In place of today's white -painted board -and -batten siding and horizontal wood railings, materials such as stone, stained timbers, stucco, and decorative millwork have been selected to work together with the building's surroundings and the Vail Village Urban Design Guide Plan. In connection with these material selections, the ground -floor interface with the public realm is enhanced by delineating the retail fenestration from the residential use above, presenting a more inviting experience to pedestrians and helping to increase street activation. All of these refinements have in mind breathing new life into a legacy building which will enhance the experience of Vail Village for years to come. Hill Building Renovation 3 Exterior Alteration Application June 20, 2017 - Page 239 of 50: Zoning Considerations The following addresses how the proposal conforms to relevant zoning standards as prescribed by the CCI zone district: Site Area The minimum lot size in Vail Village is 5,000 square feet. As permitted by Town Code (definition of a "site"), "a site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record". The proposed site consists of two parcels, Lot L consisting of .127 acres and a Portion of Lot C consisting of .068 acres. Total site area is .195 acres or 8,494 square feet. With these two parcels being designated the "site", all zoning standards are applied to the combined parcels, i.e. no setback applies to the common lot line between the two parcels, allowable density is based on both parcels, etc. Setbacks There are no prescribed setbacks in the CCI zone district. There are only minor changes proposed to existing building setbacks. Building setback is reduced slightly on the south side of the building and slightly increased by two expansions on the east side of the building. A number of existing upper floor decks and portions of the roof extend over property lines. In some cases these encroachments are removed. In other cases the decks are retained but with no increase to the extent of existing encroachments. Density Control Allowable GRFA is 6,795 square feet. Existing GRFA is 7,014 square feet. Section 12-7B-19 Reconstruction of Existing Uses; Compliance Required allows for any building within CCI to be re -constructed to "the same or substantially the same enclosed floor area provided the building substantially comply with the applicable provisions of the Vail Village Urban Design Guide Plan and Design Considerations". 6,920 square feet of GRFA is proposed. This exceeds allowable GRFA by 125 square feet but is 94 square feet less than what could be proposed in accordance with Section 12-7B-19. Refer to the section below for how the project complies with applicable provisions of the Guide Plan. Site coverage Site coverage is limited to 80% of site area unless otherwise prescribed by the Vail Village urban design guide plan and design considerations, or 6,795 square feet. Existing site coverage is 6,693 square feet (79%). Proposed site coverage is 6,322 square feet (74%). Hill Building Renovation 4 Exterior Alteration Application June 20, 2017 - Page 240 of 50: Landscape Landscape standards state that no reduction to existing landscaping is to occur unless "sufficient cause is shown by the applicant or as specified in the Vail Village design considerations". The definition of landscaping includes, among other things, planted areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, .... and core development such as walks, decks, patios, terraces, water features and like features not occupying more than 20% of the landscaped area". Existing landscape area consists of 586 square feet of softscape area and 1,796 square feet of hardscape areas. Given that existing hardscape areas exceeds the 20% of total landscape area, the key factor in conforming to the "no reduction" standard is the change to softscape areas. Proposed softscape area is 591 square feet. While nominal, there is a slight increase to softscape area. Notable changes to existing landscaping include a new planter bed on the south side of the building, removal of a small planter on the west side, re -design and expansion of planters on the north side and removal of planters on the east side to allow for re -design of the residential entry and improved visual access to storefront windows. The removal of four spruce trees on the east side and southeast corner of the property is proposed. Three of these trees are located on Town of Vail land. There are a number of reasons for the removal of these trees: • The trees are likely 50 years old and have simply outgrown their location. • The trees are literally engulfing the existing structure and represent a wildfire and safety hazard. • The trees present a major hindrance to the construction of the renovated building. Trees more suitable for the "urban" setting of the project are proposed for these areas. Two crab trees located at the south side of the building are also proposed for removal. These trees are located on Vail Resorts property. Vail Resorts has provided verbal approval for these trees to be removed. Currently these trees are located in front of a large, blank wall. As proposed, this blank wall will be replaced with a new "storefront" with display windows. Removal of these trees will open up views to these windows. Hill Building Renovation 5 Exterior Alteration Application June 20, 2017 - Page 241 of 50: Existing trees have outgrown their location and present safety and logistic challenges that warrant their removal. Parking and Loading The proposed renovation will have no effect on required parking. An existing garage parking space is located on the property. As a part of the proposed building renovation, the garage will remain and will not increase in size, location or shape. The space is a non -conforming use and is permissible to remain in accordance with Chapter 18 -Non - Conforming Uses of the Zoning Code. The space is can also remain based on the Mall Act of 1972. The Mall Act was adopted by the Town in order to limit vehicular access and strengthen the pedestrian character of Vail Village. The Mall Act did however, acknowledge specific to vehicle use on Bridge Street that vehicle access would be permitted to existing parking spaces. The garage in the Hill Building was in place at the time the Mall Act was adopted and as such access to this space is permitted. Hill Building Renovation 6 Exterior Alteration Application June 20, 2017 - Page 242 of 50: Vail Village Urban Design Guide Plan The Guide Plan/Sub-Area Concepts:Gore Creek Drive/Bridge Street The Guide Plan/Sub-Area Concepts of the Urban Design Guide Plan identify physical improvements that are desired for the Village. In most cases improvements address the public domain or encourage private development to be designed in response to the urban design goals of the Plan. There are no such improvements identified by the Plan that are proximate to the Hill Building. Design Considerations/Urban Design Considerations The Urban Design Guide Plan includes two categories of design considerations — Urban design considerations address large-scale land use planning issues as well as form considerations and are primarily the Planning and Environmental Commission. Architectural and Landscape Considerations are reviewed primarily by the Design Review Board. Below is an assessment of how the project addressed the eight Urban Design Considerations: 1. Pedestrianization The Hill Building is bordered by pedestrian -only streets and pedestrian streets with limited delivery traffic. Given the relatively limited scope of this project, particularly there being no change to existing land uses, the proposal will have no change to existing pedestrianization. 2. Vehicular Penetration The proposal will have no change to vehicular penetration in or around the site. 3. Streetscape Framework Streetscape framework addresses how landscaping and commercial storefronts can influence the quality of the walking experience in Vail Village. While there is only a nominal change to existing softscape areas, landscape improvements will create better defined planter beds on the north side of the property, add new planter beds to the south side and replace three over -grown trees with new trees and planting beds. Expanded storefront windows will be provided on all sides of the building. Of particular significance are new windows on the east and south sides of the building that will provide architectural interest to the building and visual interest for the pedestrian. 4. Street Enclosure Hill Building Renovation 7 Exterior Alteration Application June 20, 2017 - Page 243 of 50: While proposed renovations will provide some improvement to Streetscape Enclosure, views and how pedestrians move around the building, the limited scope of changes to the building will not result in any meaningful change to Streetscape Enclosure. The second floor at the northwest corner of the building will be pulled back a distance of approximately 6'. This will "open up" the corridor between the Hill Building and the neighboring Plaza Lodge, providing an improved ratio between this walkway and the two adjacent buildings. The second floor of at the southwest corner of the building will also be pulled back. This change will open a wider view plan to Vail Mountain for pedestrians walking south through this plaza area. 5. Street Edge With the nominal changes proposed for the main level of the building there are no significant changes to how the building influences Street Edge considerations. 6. Building Height Only nominal changes occur to the roof. Proposed ridgelines are equal to or only 1-2' higher than existing ridge lines and are well within allowable building heights. The proposed roof conforms to the 60/40 split with 38% of the roof being over 33' and under 43'. 7. View Corridors Adopted view corridors #2 and #4 are proximate to the Hill Building. Proposed changes respect both of these view corridors. View Corridor #2 is from Seibert Circle to Vail Mountain and the purpose of this corridor is to "protect views of the ski runs and ski base as seen from upper Bridge Street". The westerly plan of this corridor runs along the eastern edge of the Hill Building. As depicted on plans provided, the proposed building does not encroach into this view corridor. View corridor #4 is in the corridor between the Hill Building and the Plaza Lodge, the purpose of this corridor is to "protect views of the Gore Range as seen from the alley between Founders Plaza and Seibert Circle". Proposed changes to the north side include the removal of existing upper level decks and in doing so will improve this view corridor. The eave line of the existing building defines the upper extent of the view corridor. The new roof, while at essentially the same height, has more prominent overhangs and as proposed the overhang will extend into the view corridor. This Hill Building Renovation 8 Exterior Alteration Application June 20, 2017 - Page 244 of 50: portion of roof is well above the Gore Range View. It is suggest that during the PEC site visit this aspect of the proposal be evaluated. While technically an encroachment into the view corridor, the proposed building is very much in keeping with the purpose of this view corridor. 8. Sun/Shade Proposed building massing will have a slightly positive improvement to shadow patterns around the building. Sun/shade studies on sheet G006 of the Exterior Alteration plan set indicate morning and afternoon shadow patterns on the Equinox and Winter Solstice. 9. Service and Delivery Uses on the property will remain unchanged as a result of this renovation and as such no changes are anticipated with respect to service and delivery. Vail Village Master Plan Below is a brief summary of how the proposed renovation relates to relevant sections of the Vail Village Master Plan. Goals, Objectives, Policies Foremost among the goals, objectives and policies in support of the renovation of the Hill Building include: Goal #1— Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Illustrative Plan The Action Plan is an element of the Illustrative Plan section of the master plan. The Action Plan identifies improvements envisioned for the Village. The Action Plan includes eleven sub- areas and the Hill Building is located in the #3 CCI Sub -Area. The only improvement in this sub- area that is proximate to the Hill Building is the "Seibert Circle Study Area" which addresses the potential for plaza improvements to the top of Bridge Street. This improvement has been implemented. Hill Building Renovation 9 Exterior Alteration Application June 20, 2017 - Page 245 of 50: OWNER ARCHITECT 4240 ARCHITECTURE 3507 RINGSBY CT. STUITE 117 DENVER, CO 80216 CIVIL ENGINEER LANDSCAPE ARCHITECT STRUCTURAL ENGINEER MEP ENGINEER ALPINE ENGINEERING, INC. 34510 HIGHWAY 6 UNIT A-9 EDWARDS, CO 81632 SHERRY DORWARD P.O. BOX 3766 VAIL, CO 81658 MONROE NEWELL 70 BENCHMARK RD. SUITE 204 AVON, CO 81620 DMCE ENGINEERING 5737 6TH AVE. LAKEWOOD. CO 80214 HILL BUILDING RENOVATION 311 BRIDGE STREET VAIL, COLORADO 81657 39°38'24"N 106°22'25"W PROJECT #21174.00 SHEET INDEX GENERAL G001 RESERVED [NOT ISSUED] 6002 RESERVED [NOT ISSUED] 6003 VIEW CORRIDOR ANALYSIS G004 SITE COVERAGE 6005 GRFAANALYSIS 6006 SUN/SHADE STUDY CIVIL C001 SURVEY LANDSCAPE L001 SITE / GRADING / LANDSCAPE PLAN ARCHITECTURAL (EXISTING) EA100 EXISTING BASEMENT PLAN EA101 EXISTING LEVEL 1 PLAN EA102 EXISTING LEVEL 2 PLAN EA103 EXISTING LEVEL 3 PLAN EA104 EXISTING ROOF PLAN EA201 EXISTING ELEVATIONS EA202 EXISTING ELEVATIONS ARCHITECTURAL (PROPOSED) A100 PROPOSED BASEMENT PLAN A101 PROPOSED LEVEL 1 PLAN A102 PROPOSED LEVEL 2 PLAN A103 PROPOSED LEVEL 3 PLAN A104 PROPOSED ROOF PLAN ARCHITECTURAL (PROPOSED) CONTD. A201 PROPOSED ELEVATIONS A202 PROPOSED ELEVATIONS ELECTRICAL E101 LIGHTING PLAN 4240 PEC / DRB SUPPLEMENT 2017-05-15 June 20, 2017 - Page 246 of 503 VIEW POINT #4 BACKS 0\1E10 V VIEW CORRIDOR #4 POINT M NORTHWESTERLY CORNER OF SECOND FLOOR BALCONY ON HILL BLDG. VIEW CORRIDOR #4 POINT 0 NORTHWEST CORNER OF TOP OF FASCIA ON THIRD FLOOR ROOF OF HILL BLDG. VIEW CORRIDOR #4 POINT N INTERSECTION OF TOP OF SECOND FLOOR BALCONY RAIL AND BRICKWALLON HILL BLDG 111 Wow - 111111 VIEW POINT #2 BACKSIGNZ 101 10 :P. 0111 rompssima i /11 01111111 0 0 <<"‘Ii`<ort/Q)os, 2C l�. 0 0 0 VIEW CORRIDOR #2 POINT C1 TOP OF SOUTH END OF SKI LOCKERS, WHICH ARE ON RAILING VIEW CORRIDOR #2 POINT C2 SOUTHEAST CORNER OF TOP DECK RAIL ON HILL BLDG. 0 VIEW CORRIDOR #2 POINT D SOUTHEAST*ORNER OF BRICK CHIMNEY ON HILL BLDG. June 20, 2017 - Page 247 of 503 40 2 C. View Point #4: A view from the northeast corner of 244 Wall Street, the One Vail Place Building, looking over the roofs of 304 Bridge Street, the Red Lion Building, and 356 Hanson Ranch Road, the Christiania Lodge, toward the Gore Range. 1. Purpose: To protect views of the Gore Range as seen from the alley between Founders Plaza and Seibert Circle. 2. Instrument; View Point #4: A #6 rebar with a 2112 inch diameter aluminum cap marked V.P. 4 (PLS 16827) set in an aluminum monument box, in the brick pavers, approximately 8 feet from the entrance to Frivolous Sal's, located in the northeast corner of the One Vail Place Building, 244 Wall Street. 3. Backsight; View Point #2: A #6 rebar with a 21/2 inch diameter aluminum cap marked V.P. 2 (PLS 16827) set in an aluminum monument box in Bridge Street in front of the Red Lion Building. 4. Height Of Survey Transit Above View Point #4: 5.4 feet. 5. Table: Horizontal Angle Zenith Angle Foresight Point on Photo as of Nov. 15, 1991 343°55'53" 62°24'10" A - south fascia board of third floor roof of Plaza Lodge Building, 281_ 293 Bridge Street 348037'05" 73°05'43" B - intersection of upper and second floor roof lines of Plaza Lodge Building 352°55'25" 73°34'26" C - south end of peak of second floor gable of Plaza Lodge Building JI 352°31'05' 79°24'44" O - eastern edge of second floor gable roof of Plaza Lodge Building 352°13'16" 79°24'55" E - intersection of second floor roof fascia and southeast corner of Plaza Lodge Building 352°13'14" 84°44'25" F - intersection of southeast corner of building and top edge of first floor fascia of Plaza Lodge Building 354°30'20' 86°13'30" G - top of southeasterly corner of first floor fascia of Plaza Lodge Building 354°47'22" 86°07'58" H - intersection of south edge of Red Lion chimney and upper Red Lion roof line 358°21'46" 85°17'48" I - peak of upper Red Lion roof line 359°04'31" 85°30'36" J - intersection of upper Red Lion roof line and northerly roof line of the Christiania 000'16'55' 84°36'56" K - peak of northerly roof line of the Christiania 001059'47" 84°36`56" L - intersection of northerly roof peak and southerly roof line of the Christiania 003°05'44" 83'3742" M - northwesterly corner of second floor balcony on Hill Building 006°23'31" 83°33'52" N - intersection of top of second floor balcony rail and brick wall on Hill Building 005°32'14" 67°54'58" O - northwest corner of top of fascia on third floor roof of Hill Building 4 VICYY LUIU IUUl W4 NOT TO SCALE VIEW CORRIDOR PLAN - EXISTING 1111111111111111111111111 1" = 10'-0" VIEW POINT #4 BACKS100 V1NE.T�p 42 VIEW CORRIDOR #4 POINT M NORTHWESTERLY CORNER OF SECOND FLOOR BALCONY ON HILL BLDG. VIEW CORRIDOR #4 POINT 0 NORTHWEST CORNER OF TOP OF FASCIA ON THIRD FLOOR ROOF OF HILL BLDG. VIEW CORRIDOR #4 POINT N INTERSECTION OF TOP OF SECOND FLOOR BALCONY RAIL AND BRICK WALL ON HILL BLDG VIEW POINT #2 BACKSOI SINE =P#,. 1 — VIEW CORRIDOR #2 POINT C1 TOP OF SOUTH END OF SKI LOCKERS, WHICH ARE ON RAILING VIEW CORRIDOR #2 POINT C2 SOUTHEAST CORNER OF TOP DECK RAIL ON HILL BLDG. 1 VIEW CORRIDOR #2 POINT D SOUTHEAST*ORNER OF BRICK CHIMNEY ON HILL BLDG. V 1 B. View Point #2: A view from upper Bridge Street looking toward the ski slopes between 228 Bridge Street, the Golden Peak Building, and 311 Bridge Street, the Hill Building. 1. Purpose: To protect views of the ski runs and ski base area as seen from upper Bridge Street. 2. Instrument: View Point #2: A #6 rebar with a 21/2 inch diameter aluminum cap marked V.P. 2 (PLS 16827) set in an aluminum monument box in Bridge Street in front of the Red Lion Building, 304 Bridge Street. 3. Backsight; View Point #4: A #6 rebar with a 2112 inch diameter aluminum cap marked V.P. 4 (PLS 16827) set in an aluminum monument box, in the brick pavers, approximately 8 feet from the entrance to Frivolous Sal's, located near the northeast corner of One Vail Place Building, 244 Wall Street. 4. Height Of Survey Transit Above View Point #2: 5.4 feet. 5. Table: Horizontal Angle Zenith Angle Foresight Point On Photo As Of Nov. 15, 1991 289025'48" 74028'18" A - northwest corner of third floor balcony roof of Golden Peak Building 290°58'11" 89°58'00" B - PK nail in top of the 24 inch tall retaining wall on west side of Golden Peak House, 1 foot east frorn west edge of planter wall, and 10 feet west from the west face of the building 300°32'46" 92°05'34" C1 - top of south end of ski lockers, which are on railing 301°35'24" 83°31'08" C2 - southeast corner of top deck rail on Hill Building 303032'24" 73°38'55" D - southeast corner of brick chimney on Hill Building 3 VIEW CORRIDOR #2 NOT TO SCALE VIEW CORRIDOR PLAN - PROPOSED 1111111 1" = 10'-0" TOWN OF VAIL USE Do. IAN BIEKER 00400350 424o Architecture I n c OWNER ARCHITECT 4240 ARCHITECTURE 3507 RINGSBY CT. STUITE 117 DENVER, CO 80216 CIVIL ALPINE ENGINEERING. INC. ENGINEER 34510 HIGHWAY 6 UNIT A-9 EDWARDS, CO 81632 LANDSCAPE ARCHITECT STRUCTURAL ENGINEER MEP ENGINEER K J H G J J SHERRY DORWARD P.O. BOX 3766 VAIL, CO 81658 MONROE NEWELL 70 BENCHMARK RD. SUITE 204 AVON, CO 81620 DMCE ENGINEERING 5737 6TH AVE. LAKEWOOD, CO 80214 311 BRIDGE STREET LC ) N 0 cc N 0 O, PEC SUBMITTAL #1 rev. 01 2017-04-11 PEC SUBMITTAL#1 2017-04-10 PEC PROGRESS SET 2017-04-06 PEC PROGRESS SET 2017-03-27 ISS.# DESCRIPTION DATE PROJECT NO.: 21074.00 VIEW CORRIDOR ANALYSIS G003 ENCLOSED SECOND FLOOR PROJECTS BEYOND GROUND FLOOR FOOTPRINT AND CONTRIBUTES TO SITE COVERAGE EAVE GREATER THAN 4'-0" PROJECTION INCLUDED IN SITE COVERAGE EAVE LESS THAN 4'-0" PROJECTION EXCLUDED FROM SITE COVERAGE EAVE AND 2ND FLOOR BALCONY LESS THAN 4'-0" PROJECTION EXCLUDED FROM SITE COVERAGE BALCONY PROJECTION GREATER THAN 4'-0" INCLUDED IN SITE COVERAGE BALCONY PROJECTION GREATER THAN 4'-0" INCLUDED IN SITE COVERAGE COVERED AREA AT GROUND FLOOR GREATER THAN 4'-0" PROJECTION INCLUDED IN SITE COVERAGE 40 z June 20, 2017 - Page 248 of 503 EXISTING SITE COVERAGE 11111111111111111 1111111111 1 " = 10'-0" SITE COVERAGE AREA: 6,693 ft2 TOTAL SITE AREA: 8,494 ft2 SITE COVERAGE: 79% EAVE LESS THAN 4'-0" EXCLUDED FROM SITE COVERAGE BALCONY PROJECTION GREATER THAN 4'-0" INCLUDED IN SITE COVERAGE BALCONY PROJECTION GREATER THAN 4'-0" INCLUDED IN SITE COVERAGE BALCONY PROJECTION LESS THAN 4'-0" EXCLUDED FROM SITE COVERAGE EAVE PROJECTION GREATER THAN 4'-0" INCLUDED IN SITE COVERAGE r — — 7 GROUND FLOOR FOOTPRINT L SITE COVERAGE EAVE PROJECTION GREATER THAN 4'-0" INCLUDED IN SITE COVERAGE EAVE PROJECTION LESS THAN 4'-0" EXCLUDED FROM SITE COVERAGE EAVEPROJECTION GE THAN 4'-0" INCLUDED IN SITE COVERAGE BALCONY PROJECTION GREATER THAN 4'-0" INCLUDED IN SITE COVERAGE EAVE PROJECTION LESS THAN 4'-0" EXCLUDED FROM SITE COVERAGE BALCONY PROJECTION GREATER THAN 4'-0" INCLUDED IN SITE COVERAGE EAVE PROJECTION LESS THAN 4'-0" EXCLUDED FROM SITE COVERAGE BALCONY PROJECTION LESS THAN 4'-0" EXCLUDED FROM SITE COVERAGE BALCONY PROJECTION LESS THAN 4'-0" EXCLUDED FROM SITE COVERAGE +1 PROPOSED SITE COVERAGE 11111111111111111111111111111101 1" = 10' -0" SITE COVERAGE AREA: 6,322 ft2 TOTAL SITE AREA: 8,494 ft2 SITE COVERAGE: 74% EAVE PROJECTION LESS THAN 4'-0" EXCLUDED FROM SITE COVERAGE BALCONY PROJECTION LESS THAN 4'-0" EXCLUDED FROM SITE COVERAGE r — — 7 GROUND FLOOR FOOTPRINT L --J SITE COVERAGE TOWN OF VAIL USE D IAN BIEKER 00400350 424o Architecture I n c OWNER ARCHITECT 4240 ARCHITECTURE 3507 RINGSBY CT. STUITE 117 DENVER, CO 80216 CIVIL ALPINE ENGINEERING, INC. ENGINEER 34510 HIGHWAY 6 UNIT A-9 EDWARDS, CO 81632 LANDSCAPE SHERRY DORWARD ARCHITECT P.O. BOX 3766 VAIL, CO 81658 STRUCTURAL MONROE NEWELL ENGINEER 70 BENCHMARK RD. SUITE 204 AVON, CO 81620 MEP DMCE ENGINEERING ENGINEER 5737 6TH AVE. LAKEWOOD, CO 80214 311 BRIDGE STREET K PEC SUBMITTAL 41 rev. 01 2017-04-11 J PEC SUBMITTAL#1 2017-04-10 H PEC PROGRESS SET 2017-04-06 G PEC PROGRESS SET 2017-03-27 ISS.# DESCRIPTION DATE PROJECT NO.: 21074.00 SITE COVERAGE G004 PI I June 20, 2017 - Page 249 of 503 II oRT \ LEVEL 3 FLOOR PLAN - EXISTING 111111111111111111111110111111111 1/16" = 1'-0" ORT 1,073 ft2 583 ft2 TOTAL: 1,656 ft2 LEVEL 2 FLOOR PLAN - EXISTING WWWWWWWWWWWWWWWW 1/16 = 1'-0" L_ ORT \ L LEVEL 1 FLOOR PLAN - EXISTING `t WWWWWWWWWWWWWWWW 1/16" = 1'-0" EXISTING GRFA = 7,014 ft2 (83% OF BUILDABLE AREA) 4,966 ft2 341 ft2 51 ft2 EXCLUDED: 242 ft2 TOTAL: 392 ft2 MID-LEVEL DECK & EXTERIOR STAIR DELETED PROPOSED NW CORNER EXISTING NW CORNER EAST WALL MOVES APPROX. 5'-0" AT LEVEL 3 ROUNDED CORNER ADDITION & EXTERIOR STAIR DELETED 2 ,!2 STORY SCREEN WALL DELETED EDGE OF BALCONY PULLED BACK FROM PROPERTY LINE RELOCATED STAIR 11� 1 1 1 11 441, N R\ LEVEL 3 FLOOR PLAN - PROPOSED w WWWWWWWWWWWWWWWW 1/16 = 1'-0" ORT 7 1,804 ft2 590 ft2 EXISTING CHIMNEY RETAINED (PLAN DIMENSIONS & HEIGHT) BUMP -OUT DELETED (APPROX. 5'-0") BALCONY PROJECTION REDUCED BUMP -OUT DELETED (APPROX. 7'-6") RELOCATED STAIR EDGE OF BALCONY PULLED BACK FROM PROPERTY LINE -W"111111 - li ir1l1 it 11p • i Ili . I , r. , -.4, i;ti ___ Nit, lik,‘ _1-------) Mg i \ c•ii o ill0 Si 1 lk . mi laiiikF PriWk-a Wile iner ...d, .11 , A , , _,. _ \ i ; i : ___., k t -1, .., ................,._ „..-110., , „__. Wiiii, , ,IP lirof IL iiii....1 illw r i _ II ‘;Iciii! Wk. I , A r-':i4C Ir tr II " � : 7..' gilir° M I ,), . \ Ok ....... ...., ,,,, o. i. nk 4' i i „, a , , . wow. ,,, \A .. .. ...„ 1 w..............„ -. \A, -. 1,, ,,, vak. ..".2...iii......,,_ ,....) ._..................., AN 11 11 —....mma UNA 40 1 111111111111111111111111111111111 SCALE: APPROX. 1” = 30'-0" EXISTING - EQUINOX 10am EXISTING - EQUINOX 2pm 2 WYIIYWWYIIYWWYIIYWWIY1 SCALE: APPROX. 1" = 30'-0" 403 EXISTING - WINTER SOLSTICE 10am WWIYYIWWIYYIWWIYYIWWIYYI SCALE: APPROX. 1" = 30'-0" A 4 IYWIYYIIYWWYIIYWWYIIYWWYI SCALE: APPROX. 1" = 30'-0" EXISTING - WINTER SOLSTICE 2pm i , ,, .44,4 * ,N IF 1. , . ________------ % , -.4, i;ti ___ Nit, _,_ Tt ,,..0.Ami Ws ....-Tw 4.. \ 0 ill1 Bk 1 a A , , _,. _ \ i ; i \ ....._ r \ -1, .., ................,._ „..-110., , r„,‘ , \,, lc-, 1 , iv \ ......v-..11 -• 1 , ..,....w. w"iri, : 111 ..... , A fiiiii I" I , A r-':i4C Ir tr II " � : 7..' gilir° M 0 ,), . \ Ok ....... ...., nk ___._ ,./; i V" wow. ,,, ' 1 \A .. ... .....„ i -. 1,, ,,, vak. ..".2...iii......,,_ ,....) ._..................., AN 11 , //// 40 5 YYYIYWYYYIYWIYYIYYYYYI SCALE: APPROX. 1" = 30'-0" PROPOSED - EQUINOX 10am June 20, 2017 - Page 250 of 503 'A` 6 NIMINIMINIMINIMI SCALE: APPROX. 1" = 30'-0" PROPOSED - EQUINOX 2pm 4b 7 PROPOSED - WINTER SOLSTICE 10am YYYYYYYYYIYIYYYYIYIYWIYIYYI SCALE: APPROX. 1" = 30'-0" 40 8 III IIIIIII IIIIIII IIIIIII ILII SCALE: APPROX. 1" = 30'-0" PROPOSED - WINTER SOLSTICE 2pm TOWN OF VAIL USE ,`Qv ,r90 co D IAN O S. BIEKER 15- 00400350 424o Architecture I n c OWNEF ARCHITECT 4240 ARCHITECTURE 3507 RINGSBY CT. STUITE 117 DENVER, CO 80216 CIVIL ENGINEER LANDSCAPE ARCHITECT STRUCTURAL ENGINEER MEP ENGINEER K J H G CD 4111 ALPINE ENGINEERING, INC. 34510 HIGHWAY 6 UNIT A-9 EDWARDS, CO 81632 SHERRY DORWARD P.O. BOX 3766 VAIL, CO 81658 MONROE NEWELL 70 BENCHMARK RD. SUITE 204 AVON, CO 81620 DMCE ENGINEERING 5737 6TH AVE. LAKEWOOD, CO 80214 311 BRIDGE STREET 39°38'24"N 106°22'25"W PEC SUBMITTAL #1 rev. PEC SUBMITTAL #1 PEC PROGRESS SET PEC PROGRESS SET 01 2017-04-11 2017-04-10 2017-04-06 2017-03-27 ISS.# DESCRIPTION DATE PROJECT NO.: 21074.00 SUN / SHADE STUDY G006 7 EEA 8'-0" 4'-0" 4'-0" 8'-0" 3'-91/2" 4'-2)„ 8,-0" 8'-0" 4'-0" 4'-0" 28'-0" / / / / / / / / / / / STAIR UP LOCKERS RETAIL AREA June 20, 2017 - Page 251 of 503 MECHANICAL 0 LOCKERS LOCKERS L 01 0 0 O LOCKERS STAFF 0 4 RETAIL AREA 0 ST FF WC UP STAIR LOCKERS NORTH \ 1 PROPOSED BASEMENT LEVEL FLOOR PLAN 1111111111111111111111111111111 1/4 = 1'-0" PROPOSED GRFA: 0 ft2 0 0 10 11 TOWN OF VAIL USE 4240 Architecture I n c OWNEF ARCHITECT 4240 ARCHITECTURE 3507 RINGSBY CT. STUITE 117 DENVER, CO 80216 CIVIL ALPINE ENGINEERING, INC. ENGINEER 34510 HIGHWAY 6 UNIT A-9 EDWARDS, CO 81632 LANDSCAPE SHERRY DORWARD ARCHITECT P.O. BOX 3766 VAIL, CO 81658 STRUCTURAL MONROE NEWELL ENGINEER 70 BENCHMARK RD. SUITE 204 AVON, CO 81620 MEP DMCE ENGINEERING ENGINEER 5737 6TH AVE. LAKEWOOD, CO 80214 CD 4111 311 BRIDGE STREET 39°38'24"N 106°22'25"W K PEC SUBMITTAL #1 rev. 01 2017-04-11 J PEC SUBMITTAL#1 2017-04-10 H PEC PROGRESS SET 2017-04-06 G PEC PROGRESS SET 2017-03-27 A CONCEPT STUDY 2016-12-30 ISS.# DESCRIPTION DATE PROJECT NO.: 21074.00 PROPOSED BASEMENT LEVEL FLOOR PLAN A100 8180' - — GG EEA 8180' 8180' 8'-0" 4* -11" 4* -0" 8'-0" 3'-9Y2" 4'-2Y2" 8'-0" 4'-0" 8'-0" 4* -0" 28'-0" 10'-0" , 8180' — - 8180' GROUND FLOOR CORNER SQUARED OFF TO MATCH (E) FOUND TION EXISTING FOOTPRINT (RED OUTLINE) 0 FL EL. 100'-2" = 8380.17' DN RETAIL TENANT SPACE 4 - I :4- :4- - I :4- - I :4- :4- :4- :4- :4- - I :4- 1 0 - PROPOSED GRFA: 393 ft2 STING RESIDENCE RANCE TO BE TED AND ECONFIGURED CLOC 1110l1=111 Um •Ai IIIM i pipmpm r Ap 0 Pr 0 41 iV 1 a mpr il i r P 1 0 • : 1 1 i dfl 1= IM RN : • . • 1 1 1 a p pr i .4_ 11 AIM r 0 r4 -ir-__A mi E•S 0 IM/M • Cr awmmf ..mmmmmmoi t prirti N /N PRO OSED GRFA: 53 ft2 0 EXISTING GARAGE TO REMAIN 0 0 June 20, 2017 - Page 252 of 503 N9) ocb z z NORTH 41 PROPOSED LEVEL 1 FLOOR PLAN VIV1 iimminimim 1/4" = 1'-0" PROPOSED GRFA: 446 ft2 :4- - I :4- :4- • :4- - I :4- :4- - I :4- - I :4- :4 - OC) 1 6 TOWN OF VAIL USE Co D4i1IAN 0 BIEKER 00400350 4240 Architecture Inc OWNEF ARCHITECT 4240 ARCHITECTURE 3507 RINGSBY CT. STUITE 117 DENVER, CO 80216 CIVIL ENGINEER LANDSCAPE ARCHITECT STRUCTURAL ENGINEER MEP ENGINEER A CD 4111 ALPINE ENGINEERING, INC. 34510 HIGHWAY 6 UNIT A-9 EDWARDS, 00 81632 SHERRY DORWARD P.O. BOX 3766 VAIL, 00 81658 MONROE NEWELL 70 BENCHMARK RD. SUITE 204 AVON, CO 81620 DMCE ENGINEERING 5737 6TH AVE. LAKEWOOD, CO 80214 311 BRIDGE STREET 39°38'24"N 106°22'25"W PEC SUBMITTAL #1 rev. 01 PEC SUBMITTAL #1 PEC PROGRESS SET PEC PROGRESS SET SD PRICING CONCEPT DEVELOPMENT ToV CONCEPT OVERVIEW CONCEPT STUDY CONCEPT STUDY 2017-04-11 2017-04-10 2017-04-06 2017-03-27 2017-02-22 2017-02-02 2017-01-30 2017-01-16 2016-12-30 ISS.# DESCRIPTION DATE PROJECT NO.: 21074.00 PROPOSED LEVEL 1 FLOOR PLAN A101