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HomeMy WebLinkAbout2001-07-10 Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING MEETING TUESDAY, July 10, 2001 7:00 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • CITIZEN PARTICIPATION (5 min.) De-Brief on 4th of July 2. Brent Wilson ITEM/TOPIC: First reading of Ordinance No. 15, Series 2001: An Ordinance Adopting A Revised Approved Development Plan For Special Development District No. 6, Vail Village Inn, Phase II, To Allow For The Consolidation Of Two Existing Residential Dwelling Units; And Setting Forth Details In Regard Thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 15 on first reading. BACKGROUND RATIONALE: The applicant's request involves the consolidation of two existing second-story residential dwelling units along East Meadow Drive into one unit. Pursuant to Section 12-9A-2, Vail Town Code, any request to change the number of dwelling or accommodation units within a special development district constitutes a "major amendment" request. The design review portion of this application involves the addition of dormer elements to the existing roof ridges. The Design Review Board's final review of this item is pending PEC/Town Council review of the major amendment request. RECOMMENDATION: At its June 25th meeting, the Planning and Environmental Commission voted to recommend approval of the applicant's request, subject to the following finding and condition: Findinq That the proposed major amendment to Special Development District #6, Vail Village Inn, complies with the nine design criteria outlined inSection 12-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Commissionthat any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consistent with the public interest has been achieved. Condition The applicant shall submit a revised condominium map to reflect the approved amendment for review and approval by town staff by no later than June 25, 2002. The Department of Community Development recommends the Town Council approve Ordinance No. 15 on first reading, subject to the following finding: That the proposed major amendment to Special Development District #6, Vail Village Inn, complies with the nine design criteria outlined inSection 12-9A-8 of the Town of Vail Municipal Code. The applicant,as required, has demonstrated to the satisfaction of the Commissionthat any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consistent withthe public interest has been achieved." 3. George Ruther ITEMITOPIC: First reading of Ordinance No. 16, Series of 2001, an ordinance amending the Vail Town Code, Chapter 11, Section 12-11-8 Performance Bond, Section 12-11-11 Enforcement; Inspection, and Section 12-2-2 Definitions to provide for procedural changes to the performance bond process as prescribed in the Vail Town Code; and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 16, Series of 2001, on first reading. BACKGROUND RATIONALE: On June 25, 2001, the Town of Vail Planning & Environmental Commission voted unanimously to recommend approval of the proposed text amendments to the Vail Town Council. A copy of the staff memorandum to the Planning and Environmental Commission, dated June 25, 2001, has been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approve Ordinance No. 16, Series of 2001, on first reading. 4. Brent Wilson ITEMITOPIC: Second Reading of Ordinance No. 14, Series Of 2001: An Ordinance Providing for the Establishment of Special Development District No. 36, Vail Plaza Hotel West, And Adopting an Approved Development Plan for Special Development District No. 36 in Accordance with Chapter 12- 9A, Vail Town Code; And Setting Forth Details In Regard Thereto. (30 min.) Applicant: Doramar Hotels, represented by the Daymer Corporation Planner: Brent Wilson ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 14 on second reading. BACKGROUND RATIONALE: Since the Town Council's approval of Ordinance No. 14 on first reading (June 19, 2001), the following changes/developments have occurred: Per the council's request, the ordinance references the specific square footage approved for the employee housing units and associated employee storage areas. Per the council's request, a condition providing for joint property access to loading/delivery areas has been added. A draft Developer Improvement Agreement (DIA) is available for council review. This agreement would be signed and executed prior to the issuance of a building permit for the project. The DIA contains parameters for construction activities (traffic, noise levels, etc.) and acknowledges the developer's obligations to construct off-site public improvements in accordance with the Approved Development Plan. These include streetscape improvements along West Meadow Drive in accordance with the Town's pending West Meadow Drive Streetscape Improvement Project plan. Please refer to the draft Developer Improvement Agreement and Ordinance No. 14, Series of 2001 for complete details. RECOMMENDATION: The Design Review Board voted to recommend approval of this application to the Vail Town Council on April 18th. The Planning and Environmental Commission voted to recommend approval (with conditions) of this application to the Vail Town Council on May 14th. The Department of Community Development recommends the Vail Town Council approve Ordinance No. 14 on second reading, subject to the following finding: That the proposed special development district, Vail Plaza Hotel West, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. 5. Town Manager's Report. (5 min.) Bob McLaurin 6. Adjournment ( 8:00 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 7/17/01, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 7117/01, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 7/24/01, BEGINNING AT 12:00 P.M. NEIGHBORHOOD WALKABOUT - BIGHORN PARK 2:00 P.M. - WORK SESSION IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 25, 2001 SUBJECT: A request for a recommendation to the Vail Town Council regarding a major amendment to Special Development District #6, to allow for the consolidation of 2 residential units into 1 residential unit, located at 100 E. Meadow Drive, Units 335 & 337/Lot O, Block 5D, Vail Village 1 sc Filing. Applicant: Patricia & Gerardo Schroeder, represented by Fritzlen Pierce Architects Planner: Brent Wilson 1. DESCRIPTION OF THE REQUEST The applicant's request involves the consolidation of two existing second-story residential dwelling units along East Meadow Drive into one unit. Pursuant to Section 12-9A-2, Vail Town Code, any request to change the number of dwelling or accommodation units within a special development district constitutes a "major amendment" request. The design review portion of this application involves the addition of dormer elements to the existing roof ridges. The Design Review Board's final review of this item is pending PEC/town council review of the major amendment request. The additions proposed are within Phase II of the Vail Village Inn. An action on this request by the PEC will have no bearing on the recent SDD approval for the Vail Plaza Hotel within other phases of the project. II. BACKGROUND / HISTORY OF PROPERTY ¦ In 1976, the Vail Town Council passed Ordinance No. 7, Series 1976, establishing Special Development Districts No. 6, Vail Village Inn, to ensure the unified and coordinated development of a critical site to the Town of Vail, as a whole, and in a manner suitable for the area in which it is situated. ¦ In 1985, the Vail Town Council passed Ordinance No. 1, Series 1985, providing certain amendments to the approved development plan for Special Development District No. 6. ¦ In 1987, the Vail Town Council passed Ordinance No. 14, Series 1987, which amended and modified Section 8 relating to the allowed density of the development plan for Special Development District No. 6. 1 1 ¦ In 1991, the Vail Town Council passed Ordinance No. 9, Series 1991, providing for certain amendments to the approved development plan for Special Development District No. 6, which relates specifically to Phase IV. ¦ In 1992, the Vail Town Council passed Ordinance No. 2, Series 1992, allowing for modifications and amendments to various sections of Special Development District No. 6 which related directly to Phase IV, and which made certain changes to the approved development plan for Special Development District No. 6 as they relate to Phase IV. ¦ In 2000, the Vail Town Council approved a major amendment to SDD #6 to allow for the construction of the Vail Plaza Hotel. The following is a summary of the existing (constructed) phases within the Vail Village Inn Special Development District: • Phase I - This phase consists of the buildings located at the southeast corner of the District. Phase I includes one residential dwelling unit approximately 3,927 square feet in size and nine commercial/retail spaces. ¦ Phase II -This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase II is generally located in the center of the District. ¦ Phase III -This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase III is located at the northeast corner of the District. • Phase IV - This is the original and oldest Phase in the District. This Phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy- two accommodation units comprising approximately 16,585 square feet of floor area. Phase IV is generally located in the northwest corner of the District. ¦ Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retail spaces totaling 6,850 square feet of commercial floor area. Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. III. STAFF RECOMMENDATION The Department of Community Development recommends the Planning and Environmental Commission recommend approval of the applicant's request for a recommendation to the Vail Town Council regarding a major amendment to Special Development District #6, to allow for the consolidation of 2 residential units into 1 residential unit, subject to the following finding: 2 T "That the proposed major amendment to Special Development District #6, Vail Village Inn, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consistent with the public interest has been achieved. Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: 1. The applicant shall submit a revised condominium map to reflect the approved amendment for review and approval by town staff by no later than June 25, 2002. IV. ZONING / DEVELOPMENT STATISTICS Lot size: 3.45 acres or 150,282 sq. ft. (All Phases) Development Public Accommodation 2000 SDD Major 2001 Schroeder Standard Zonina Amendment ADDroval Maior Amendment Lot Area: 10,000 sq.ft min. 150,282 sq. ft. no change GRFA: up to 150% or 225,423 sq. ft. 121 % or181,719 sq. ft. 121% or 182,256 sq. ft. Dwelling units per acre: 25 du/acre 13.0 du/acre 12.75 du/acre (AU/FFU/EHU unlimited) Site coverage: 65% or 97,683 sq. ft. 61 % or 92,036 sq. ft. no change Setbacks: front: 20' 16' no change sides: 20' 5', 2', & 0' no change rear: 20' 5' no change Height: 48' sloping 77.25' sloping no change Parking: per T.O.V. Code Section 291 parking spaces no change Loading: per T.O.V. Code Section five berths no change 12-10-13 Commercial sq. footage: 10% of allowable GRFA 25% of GRFA or 45,228 sq. ft. no change or 22,542 sq. ft. 3 V. REVIEW CRITERIA FOR THIS REQUEST Titlel 2, Chapter 9 of the Town Code provides for the establishment of Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is: To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. Staff will provide a review of the nine criteria at the time of final review. A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. This application will have minimal impact upon the character of the Vail Village Inn Phases and the immediate environment. The proposed dormer additions are being reviewed by the Design Review Board (DRB) to determine compliance with the Town of Vail Design Guidelines. At its June 6th meeting, the DRB stated the project was "headed in the right direction." The DRB will conduct a final review if the major amendment application is approved by the PEC and town council. S. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. There is no change in use proposed with this application. The existing uses approved for SDD #6 are compatible and workable with surrounding uses in the vicinity. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town Code. Staff believes the reduction of one dwelling unit will have a positive impact on parking availability for the Vail Village Inn SDD. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. 4 Vail Land Use Plan 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 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. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. Staff finds the application to be in conformance with all applicable goals, policies and objectives outlined in the Vail Land Use Plan. Vail Villaae Urban Desian Guide Plan • "For any single building a varied but simple composition of roof planes is preferred to either a single or complex arrangement of many roofs." Staff does not believe there are any conflicts with the provisions of the Urban Design Guide Plan. This application is being reviewed by the Town of Vail Design Review Board to determine consistency with design guidelines. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Town of Vail's Official Hazard Maps, there are no natural or geologic hazards present on the subject property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The existing approved site plan for the special development district would not be altered with this request. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. There is no change proposed to the existing approved circulation system for the SDD. According to the Institute of Transportation Engineers, the elimination of one dwelling 5 unit from the site should provide a net decrease of approximately 7 daily trips to/from the site. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. There is no change proposed to the existing landscape/open space plan for the SDD. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. This criterion is not applicable to this proposal. 6 ' FPS 970g76Q901 _ _ . 1112021 12'27 00 ~ASt ' 1b57 . Nc i o6r ' "~r..•~avi ce ptclu~ . ~ 'June . • • Fritzlen Piet alley. • b5~.~t fail • : . ~ . • : ~ - . • ~ , . . . Vail •f.,•.. d337 for. . ~ . _ ; • ~ : oT X35 an Uea~ David, i . . ropased phi's ane . " vu for ,subin~ urn: pss~ • • ' ' ~ d there . ald Y the C°1 • ° Qf gal. y them ObOrs y discuss e F veering . make ' I ha ans procee to e . to "gcti ' ova in xeg Your aPPTava fiat ail safety ide u can cvnsadex is ~d t,y ~ mina ~tis• • ~ ~ ~ ' • ~ . . ~ a~u ire ec1 clia~~es• to ~ . :a... _ I • _ • • . " • .tliep~ . 060d LAICIL 6.5461 70) 47 ~rax 476-54'Q. o" (s 1 consumer FPS 97164764981 21I2~21 08:23 1 1 i 1 { 1 -FRiTZLEN PIERCE F,ROp05FV ENTRY PLAN fiCrN-~ 110 s 4'-Cl* R G N I T E C t E PAGE 03 06/21/2021 08:23 9704764901 FPS i i 1 f O.j FRITZLEN PROPOSED SECOND LEVEL PLAN P I E R C E SCALE , I!8• ~ I'-O' Axc"IIECTs FPS 13704764901 112021 08:23 r f~;. . r - r' ; t ~ t i i^ . 1 1 • 11t ~ fR1TZLEN PIERCE ED TWIRD L-E~t~L PLPN p©~~ AaCHITICIs tfN.t t tw • t-o• FPS c~7~Q76gg01 03.23 r 1 r \ 4 C 1 ~ i - s 1 r~ f i 't 1 ~ r J~ ~RITZLEN PI ERCE f pQg~t~ R4~~ ~ . CT pi20 V-0• m . - N N m N m i A I A m N FRITZLEN Pt?OPOSEO SOUTH ELEVATION PIERCE m BCAU, (w v-01 M m CD m N r' N 61 m . N tD CD • -J 01 iD 1 ~ FRITZLEN PIERCE pppSEp KORTH ELE~lATfaN p¢ AIt CNitecTs it& m N m + N • W ~D Ci) .P _ -J p +.A CS) _ _ FR~TZLEN P 1 ERCE CSST ~L~~p.T1U~ OQ~~L~ kRClitTiCtt a„ TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www cL vail. co. us June 27, 2001 David Baum Fritzlen Pierce Smith Architects 1650 East Vail Valley Drive Fallridge C-1 Vail, CO 81657 Re: Vail Village Inn Units 335 & 337 - Major Vail Village Inn SDD Amendment David: At its June 25th meeting, the Town of Vail Planning and Environmental Commission (PEC) voted to recommend approval of the above-listed application to the Vail Town Council. This vote carries the following condition: 1. The applicant shall submit a revised condominium map to reflect the approved amendment for review and approval by town staff by no later than June 25, 2002. If you would like to discuss this project in greater detail, please do not hesitate to contact me at (970) 479-2140. Sincerely, Brent Wilson, AICP Senior Planner RECYCLEDPAPER ORDINANCE NO. 15 SERIES OF 2001 AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE II, TO ALLOW FOR THE CONSOLIDATION OF TWO EXISTING RESIDENTIAL DWELLING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No. 6, Vail Village Inn; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously Approved Development Plans for Special Development Districts; and WHEREAS, Patricia and Gerardo Schroeder, as owners of the subject Phase II property, have submitted an application for a major amendment to Special Development District No. 6, Vail Village Inn, Phase II; and WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan for the Vail Village Inn Special Development District, Phase II to allow for the consolidation of two existing residential dwelling units; and WHEREAS, the revised major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for a major amendment and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the revised Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase II; and 1 Whereas, the approval of the major amendment to Special Development District No. 6, Vail Village Inn, Phase II and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and Whereas, the Vail Town Council finds that the proposed major amendment to Special Development District #6, Vail Village Inn, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Council that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consistent with the public interest has been achieved. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Puroose of the Ordinance The purpose of Ordinance No. 4, Series of 2000, is to adopt a revised Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase II. The Approved Development Plans for Phases I, III, IV & V remain approved and unchanged for the development of Special Development District No. 6 within the Town of Vail, unless they have otherwise expired. Only the Approved Development. Plan for Phase II is hereby amended and adopted. Section 2. Amendment Procedures Fulfilled. Plannina Commission Report The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning & Environmental Commission of approval for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase II. Requests for amendments to the Approved Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code. Section 3. Special Development District No. 6 The Special Development District and the Major Amendment to the Approved Development Plan for Phase II are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of 2 Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards - Special Development District No. 6, Vail Village Inn, Phase II Development Plan-- The Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase 11, prepared by Royston, Hanamoto, Back and Abey on February 12, 1976, shall be hereby amended to include the following plan amendments prepared by Fritzlen Pierce Architects, Inc., dated May 25, 2001 and stamped approved by the Town of Vail, dated August 7, 2001: A. Proposed Entry Plan; B. Proposed Second Level Plan; C. Proposed Third Level Plan; D. Proposed Roof Plan; E. Proposed South Elevation; F. Proposed -North Elevation; G. Proposed West Elevation. Permitted Uses The permitted uses in Phase II of Special Development District No. 6 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Uses Conditional uses for Phase II shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12- 16 of the Town of Vail Zoning Regulations. Density-- Units per Acre - Dwelling Units The number of units permitted in Phase II shall not exceed the following: Dwelling Units -Two 3 Density-- Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase 11 shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Soecificallv: Gross Residential Floor Area: 4,098 square feet Commercial Floor Area: 6,473 square feet Setbacks-- Required setbacks for Phase II shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Height-- The maximum building height for Phase II shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase II, calculations of height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of sloping roof unless otherwise specified in Approved Development Plans. Site Coverage-- The maximum allowable site coverage for Phase II shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Landscaping-- The minimum landscape area requirement for Phase II shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Parking and Loading-- The required number of off-street parking spaces and loading/delivery berths for Phase It shall be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. In no instance shall Vail Road or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the Zoning Regulations or ordinances 4 of the Town. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail. Section 5. Aaaroval Aareements for Snecisl Develonment District No. 6. Phase 11 1. The applicant shall submit a revised condominium map to reflect the approved amendment for review and approval by town staff by no later than June 25, 2002. Section 6. 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 7. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 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. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. 5 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 10th day of July, 2001, and a public hearing for second reading of this Ordinance set for the 7th day of August, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of August, 2001. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk 6 f MEMORANDUM TO: Planning & Environmental Commission FROM: Community Development Department DATE: June 25, 2001 SUBJECT: A request for the review of a proposed text amendment to Chapter 11, Design Review, of the Zoning Regulations to allow for procedural changes to the performance bond process as prescribed in the Vail Town Code. Applicant: Town of Vail Planner: George Ruther 1. DESCRIPTION OF THE REQUEST The Community Development Department has identified a need to amend the Vail Town Code to improve the efficiency and effectiveness of our services while at the same time ensuring that our customer's expectations of receiving temporary certificates of occupancy are not negatively impacted. To that end, the purpose of this memorandum is to provide a brief background on the TCO/bonding problem, a summary of the current regulations and a recommendation for amendments. The amendments are being proposed to Section 12-11-8 Performance Bond, Section 12-11-11 Enforcement: Inspection and Section 12-2-2, Definitions of the Town of Vail Zoning Regulations. Staff is requesting that the Planning & Environmental Commission evaluate the proposal and forward a recommendation to the Vail Town Council. A complete description of the proposed amendments is outlined in Section V of this memorandum. II. ROLES OF THE REVIEWING BOARDS Plannina and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning and Subdivision Regulations. 1 Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council: Action: The Town Council is responsible for final approval/denial on code amendments. The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Desian Review Board: Action: The DRB has NO review authority on code amendments. Ill. RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval of the proposed amendments to the Town Code to the Vail Town Council, subject to the following findings: 1. That the proposed amendments are consistent with the development objectives of the Town of Vail. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. 3. That the proposed amendments are necessary to ensure the health, safety and welfare of the citizens of Vail. 4. That the proposed amendments will further ensure compliance with the Town Code. 5. That the proposed amendments will make the Town's development review process less problematic and more "user friendly." IV. BACKGROUND The Community Development Department has identified our procedures for issuing T.C.O.'s, accepting bonds, and completing final inspections as processes that needed to be improved. The goal of the improvements is to provide better customer service, reduce the amount of staff time currently involved in these processes, ensure compliance with applicable codes and regulations, to better align the planning and building requirements and to keep construction management responsibilities in the hands of the contractor. 2 4 A. Problem Statement The Town of Vail Community Development Department issues approximately four hundred (400) building permits annually. Of these permits, roughly one hundred (100) require the issuance of a certificate of occupancy by the Building Official. The Town of Vail Community Development Department has traditionally issued temporary certificates of occupancy as permitted by the Uniform Building Code, at the discretion of the Building Official. The current process for issuing temporary certificates of occupancy has resulted in numerous unintended consequences that negatively impact the services provided by the Community Development Department. For instance: • increased staff time and involvement since many developers fail to follow through, • an increase in the number of inspection requests as the inspectors must make multiple return inspections, • a decrease in available inspection time for other projects because available time is spent dealing with temporary certificates and the need for unnecessary multi-department involvement (public works, fire, finance, administration) as performance bonds require the cooperation of other departments. The staff of the Community Development Department finds it irresponsible to let this problem perpetuate. Therefore, corrective steps must be made immediately to respond to the inefficiencies and ineffectiveness of the current temporary certificate of occupancy issuance process. B. Givens • The current bonding/T.C.O. process results in an inefficient use of staff time. • The current bonding/T.C.O. process is ineffective and creates unrealistic expectations. • We do not enforce the expiration of T.C.O's. • We do not complete unfinished improvements secured by Developer Improvement Agreements. • We are committed to improving this process. Chapter 1, Section 109.4 (temporary certificate) of the Uniform Buildina Code states, If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. 3 Therefore, the issuance of a temporary certificate of occupancy is not mandatory. Further, Chapter 1, Section 109.3 (certificate issued) states, in part, After the building official inspects the building or structure and finds no violations of the provisions of the code or other laws that are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy. Therefore, compliance with the applicable provisions of the Vail Town Code is also required. This is important as it includes, but is not limited to, landscaping, the design guidelines, and the development standards. The Town of Vail Community Development Department has traditionally issued T.C.O.'s on both residential and commercial developments. Because the certificate is temporary and not final, it is inherent that a portion of the building is not complete. Incomplete work often includes, • exterior painting, • exterior lighting, • landscaping, • paving, • cosmetic interior finishes, • complete installation of plumbing fixtures, • use of temporary guardrails, and • the installation of additional light fixtures. To address the incomplete work, a performance bond provision is incorporated into the Vail Town Code. C. Current Regulations According to Section 12-11-8 of the Vail Town Code, Performance Bond, The Building Official shall not issue a final certificate of occupancy for structures which have obtained design review approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. The Building Official may issue a temporary certificate of occupancy not to exceed two hundred ten (210) days upon the applicant posting with the Community Development Department a performance bond or other security acceptable to the Town.Council in the sum of one hundred twenty five percent (1259,o) of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plans. If said landscaping, paving and other accessory improvements are not installed by the applicant within the period allowed, the 4 temporary certificate shall be revoked until the same are installed by the applicant or by the Town pursuant to the terms of the performance bond or other accepted security that has been approved by the Town. According to Section 12-11-11 of the Vail Town Code, Enforcement; Inspection, Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the Department of Community Development. The Department of Community Development shall inspect the site to ensure that the work has been completed in accordance with the application and plans approved by the Design Review Board. It shall be the duty of the property owner or his/her authorized agent to notify the Department of Community Development that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the Department of Community Development shall issue a final certificate of occupancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the Uniform Building Code that applicant shall post a bond as set forth in Section 12-11-8 of this Chapter. Upon forfeiture of said bond or surety, the Town shall proceed to install the improvements for which bond or surety was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be individually liable to the Town for the additional costs thereof. Furthermore, the amount that the cost of installing said improvements exceeds the amount of the performance bond shall automatically become a lien upon any and all property included within the design review application. V. PROPOSED AMENDMENTS Staff recognizes that there are factors outside the control of developers (i.e. weather) which results in the need to maintain the availability to obtain a temporary certificate of occupancy. However, staff has identified several negative and unintended consequences of our current process. Therefore, staff finds there is the need to amend our current regulations to both enhance our level of customer service and to reduce the amount of staff time involved in the bonding process. The following amendments are proposed to achieve improved customer service levels and to more efficiently utilize staff time. (Deletions are shown in seeut and additions are shown in bold) 5 Section 12-11-8 of the Vail Town Code, Performance Bond, The Building Official shall not issue a final certificate of occupancy for structures which have obtained design review approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. The Building Official may issue a temporary certificate of occupancy, between November 1 and April 30 of each year, not to exceed two hundred ten (210) days upon the applicant posting with the Community Development Department a performance bond as defined in Section 12-2-2 of this Chapter in the sum of P-Ae hi Hnrlrorl he,enty five percent (4 25o4) two hundred fifty percent (250%) of the bona fide estimates of two Town of Vail licensed contractors of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plans. If said landscaping, paving and other accessory improvements are not installed by the applicant within the period allowed, the temporary certificate -,half may be revoked until the same are installed by the applicant or by the Town pursuant to the terms of the performance bond er ether °^^er,ted 6eGUr-4 t that has been approved by the Town. According to Section 12-11-11 of the Vail Town Code, Enforcement; Inspection, Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the Department of Community Development. The Department of Community Development shall inspect the site to ensure that the work has been completed in accordance with the application and plans approved by the Design Review Board. It shall be the duty of the property owner or his/her authorized agent to notify the Department of Community Development that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the Department of Community Development shall issue a final certificate of occupancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the Uniform Building Code that applicant ahatl may post a performance bond as set forth in Section 12- 11-8 of this Chapter. Upon forfeiture of said bond er-Wr-ety, the Town shall proceed to install the improvements in accordance with the bona fide estimates and fully executed contractual agreements for which the performance bond er surety was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be individually liable to the Town for the additional costs thereof, including but not limited to, labor, materials, and legal and administrative fees. Furthermore, the amount that the cost of installing said improvements exceeds the amount of the 6 performance bond shall automatically become a lien upon any and all property included within the design review application. Section 12-2-2, Definitions, Performance Bond: A written letter of credit agreement executed by and between the. Town of Vail, a property owner or his/her authorized agent and a financial institution located within Eagle County, Colorado to provide financial security for the completion of all improvements, amenities and landscaping as identified on an approved design review application and plans. 7 ORDINANCE NO. 16 SERIES OF 2001 AN ORDINANCE AMENDING THE VAIL TOWN CODE, TITLE 12, CHAPTER 11, SECTION 12-11-8 PERFORMANCE BOND, SECTION 12-11-11 ENFORCEMENT; INSPECTION, AND SECTION 12-2-2 DEFINITIONS OF THE TOWN OF VAIL ZONING REGULATIONS TO PROVIDE FOR PROCEDURAL CHANGES TO THE PERFORMANCE BOND PROCESS AS PRESCRIBED IN THE VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning & Environmental Commission of the Town of Vail has held a public hearing on the proposed text amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning & Environmental Commission of the Town of Vail unanimously recommended approval of the text amendments at its June 25, 2001 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed text amendments further the development objectives of the Town of Vail; and WHEREAS, the purpose of the text amendments to ensure compliance with the prescribed development regulations and to make the Town's development review process less problematic and more user friendly; and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the development objectives of the Town and that these amendments are necessary to ensure the health, safety and welfare of the citizens of Vail. WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Zoning Regulations. 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 amend Sections 12-2-2, 12-11-8 and 12-11-11 of the Town of Vail Zoning Regulations to make necessary improvements to the performance bond procedures for development within the Town of Vail. Section 2. The following sections of the Vail Town Code are hereby amended: (Deletions are shown in etxikeeet and additions are shown in bold) Section 12-11-8, Performance Bond, The Building Official shall not issue a final certificate of occupancy for structures which have obtained design review approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. The Building Official may issue a temporary certificate of occupancy, between November 1 and April 30 of each year, not to exceed two hundred ten (210) days upon the applicant posting with the Community Development Department a performance bond as defined in Section 12-2-2 of this Chapter SPta in the sum of er4E hVRGIFed eRty f,,,s pareent-;125%} two hundred fifty percent (250%) of the bona fide estimates of two Town of Vail licensed contractors of the cost of installing landscaping and paving and other accessory improvements (i.e., exterior trim painting, cosmetic interior finishes, exterior lighting, gutters/down spouts, irrigation systems, etc.) provided for in the approved design review application and plans. One of=tie' s."e If said landscaping, paving and other accessory improvements are not installed by the applicant within the period allowed, the temporary certificate sl',A may be revoked until the same are installed by the applicant or by the Town pursuant to the terms of the performance bond eFeth3° Gabepted GeW Pity that has been approved by the Town. Section 12-11-11, Enforcement: Inspection, Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the Department of Community Development. The Department of Community Development shall inspect the site to ensure that the work has been completed in accordance with the application and plans approved by the Design Review Board. It shall be the duty of the property owner or his/her authorized agent to notify the Department of Community Development that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the Department of Community Development shall issue a final certificate of occupancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the Uniform Building Code that applicant ill may post a performance bond as set forth in Section 12-11-8 of this Chapter. Upon forfeiture of said bond cr cu**, the Town shall proceed to install the improvements in accordance with the bona fide estimates and fully executed contractual agreements for which the performance bond ar. sL:r* was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be individually liable to the Town for the additional costs thereof, including but not limited to, labor, materials, and legal and administrative fees. Furthermore, the amount that the cost of installing said improvements exceeds the amount of the performance bond shall automatically become a lien upon any and all property included within the design review application. Section 12-2-2, Definitions, Performance Bond: A written letter of credit agreement executed by and between the Town of Vail, a property owner or his/her authorized agent and a financial institution located within Eagle County, Colorado to provide financial security for the completion of all improvements, amenities and landscaping as identified on an approved design review application and plans. 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 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. -2- 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 Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 10th day of July, 2001 and a public hearing for second reading of this Ordinance set for the 7th day of August, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk -3- MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: July 10, 2001 SUBJECT: Update and Board/Staff Recommendations on the Daymer Corporation's request for the establishment of the Vail Plaza Hotel West Special Development District (SDD #36) to allow for the construction of a new conference hotel at 13 Vail Road / Part of Lots A, B, C, Vail Village Filing 2. Applicant: Doramar Hotels, represented by the Daymer Corporation Planner: Brent Wilson 1. UPDATE -ORDINANCE NO. 14. SECOND READING Pursuant to motions/requests by the Town Council on first reading of Ordinance No. 14, the following changes have been made prior to second reading of the ordinance: ¦ The ordinance now references the specific square footage calculations for the employee housing units and employee storage areas. ¦ The applicant will now submit easement agreements for Nine Vail Road and the Alpine Standard for town review and approval prior to building permit issuance (as opposed to at Temporary Certificate of Occupancy). ¦ The additional condition regarding joint usage of loading/delivery facilities has been added (see Condition #13 in Section 5 of the ordinance). 11. DRAFT DEVELOPER IMPROVEMENT AGREEMENT The attached draft Developer Improvement Agreement (DIA) outlines the developer's responsibilities for construction of off-site improvements in accordance with the signed Memorandum of Understanding and Ordinance No. 14, Series of 2001. Additional clauses within the agreement reference hours of construction activity, traffic control measures, and requirements for liability insurance. It is important to note that although a basic liability policy ($2,000,000 liability per occurrence with "umbrella" coverage of $10,000,000) has been outlined, most large-scale building contractors will carry a liability insurance policy that is substantially larger. However, the amount of coverage will depend on the selected contractor and the DIA currently references minimum acceptable insurance requirements. The DIA would be finalized and signed by all parties prior to issuance of a building permit for the project. 1 III. STAFF. PEC AND DRIB RECOMMENDATIONS STAFF RECOMMENDATION The Department of Community Development recommends the Vail Town Council approve (via Ordinance No. 14, Series of 2001) the applicant's request for the establishment of the Vail Plaza Hotel West Special Development District (SDD) to allow for the construction of a new conference hotel, subject to the following finding: That the proposed special development district, the Vail Plaza Hotel West, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. The applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Per the PEC and staff recommendations, the following conditions have been added to Ordinance No. 14, Series of 2001: 1. That the Developer submits the following plans to the Department of Community Development for review and approval as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; c. A Stormwater Management Plan; d. A Site Dewatering Plan; e. A Traffic Control Plan; f. A Spraddle Creek routing and containment plan; and g. An environmental audit including soils and stream conditions (during excavation). 2. That the Developer provides deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 28 employees, and that said deed-restricted housing be made available for occupancy, and that the deed restrictions are recorded with the Eagle County Clerk & Recorder prior to requesting a Temporary Certificate of Occupancy for the Vail Plaza Hotel West. The required Type III deed-restricted employee housing units shall not be eligible for resale and the units will be owned and operated by the hotel and said ownership shall transfer with the deed to the hotel property. 3. That the Developer submits a final detailed landscape plan to the Community Development Department for Design Review Board review and approval prior to making an application for a building permit. This plan will involve the removal of the obsolete delivery bay asphalt for the Chateau Vail on the Nine Vail Road property (Lot B, Vail Village Filing #2). 4. That the Developer submits a complete set of civil engineer drawings for all off- site improvements, including the improvements to the South Frontage Road, Vail Road and West Meadow Drive for review and Town approval prior to application for a building permit. 5. That the Developer submits a complete set of plans to the Colorado Department of Transportation for review and approval of a revised access permit, prior to 2 application for a building permit. 6. That the Developer records an easement for Spraddle Creek. The easement shall be prepared by the Developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the project. 7. That the Developer submits a final exterior building materials list, a typical wall section, comprehensive sign program, rooftop mechanical equipment screening plan and complete color renderings for review and approval of the Design Review Board, prior to making an application for a building permit. 8. That the Developer posts a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. Pursuant to Section 12- 7A-14, Town of Vail Code, the applicant shall pay road impact fees in an amount that is directly proportionate to the anticipated new road impacts generated by this development ($5000 X 90 new projected peak hour trip ends, for a total of $485,000.00). This dollar amount will be put in escrow once a building permit is issued. Any actual improvements constructed to the frontage road will be credited against the total. The escrowed dollars will be held for a period of 10 years from time of permit issuance. If and when any sort of funding mechanism is put in place (such as a special district which this development participates in) any dollars generated from the development will be offset by the amount owed. If there is an excess, it will be refunded. Any shortfall will be made up by the escrowed dollars. 9. That the Developer either receives approval from the neighboring owner's associations to allow for construction activities on neighboring properties or submits a construction staging and limits of disturbance plan that indicates all of these activities will occur on the applicant's property, prior to application for building permit. 10. That the Developer agrees to provide ingress (via a legally binding easement agreement) for Lot B, Vail Village Filing #2 from Vail Road across the subject property and egress (via a legally binding easement agreement) for Lot B, Vail Village Filing #2 across the subject property to South Frontage Road. These easements will be submitted to the Town for review and approval prior to the issuance of a Temporary Certificate of Occupancy for the project. The easements will be in effect as long as the surface parking exists on the Nine Vail Road property (Lot B, Vail Village Filing #2). 11. That the Developer agrees to provide egress (via a legally binding easement agreement) from Lot A, Vail Village Filing #2 across the Developer's property via the proposed guest access drive, as described on the Approved Development Plan dated May 30, 2001. This easement will be submitted to the Town for review and approval prior to the issuance of a Temporary Certificate of Occupancy for the project. 12. That the Developer submits civil drawings to determine compliance with all Town of Vail engineering requirements prior to final Design Review Board approval. This includes the coordination of the relocation of the existing electric 3 transformers on the property with local utility providers. The revised location of the transformers will be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 13. That the Town and the Developer enter into a Developer Improvement Agreement to outline obligations and responsibilities for off-site improvements, hours of construction activity, traffic management and other related issues in accordance with the Approved Development Plan and the Memorandum of Understanding dated June 1, 2001, prior to the issuance of a building permit for the Project. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION At its May 14th meeting, the Town of Vail Planning and Environmental Commission (PEC) voted (5-1; Cleveland opposed, Doyon absent) to recommend approval of the proposed special development district to the Vail Town Council with the following finding: That the proposed special development district, Vail Plaza Hotel West, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Further, the Commission finds that the requested conditional use permits to allow for the operation of a fractional fee club and the construction of Type Ill employee housing units comply with the applicable criteria and are consistent with the development goals and objectives of the Town. This recommendation of approval carries the following conditions: 1. That the developer submits the following plans to the Department of Community Development for review and approval as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; C. A Stormwater Management Plan; d. A Site Dewatering Plan; e. A Traffic Control Plan; f. A Spraddle Creek routing and containment plan; and g. An environmental audit including soils and stream conditions (during excavation). 2. That the developer provides deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 28 employees, and that said deed-restricted housing be made available for occupancy, and that the deed restrictions are recorded with the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Vail Plaza Hotel West. 3. That the developer submits a final detailed landscape plan to the Community Development Department for Design Review Board review and approval prior to making an application for a building permit. This plan will involve the removal of the obsolete delivery bay asphalt for the Chateau Vail on the Nine Vail Road 4 property. 4. That the developer submits a complete set of civil engineer drawings for all off- site improvements, including the improvements to the South Frontage Road and West Meadow Drive for review and Town approval prior to application for a building permit. 5. That the developer submits a complete set of plans to the Colorado Department of Transportation for review and approval of a revised access permit, prior to application for a building permit. 6. That the developer meets with the Town staff to prepare a memorandum of understanding outlining the responsibilities and requirements of the required off- site improvements, prior to first reading of an ordinance approving the special development district. This includes streetscaping improvements along South Frontage Road and West Meadow Drive in accordance with the Town of Vail Streetscape Master Plan, as amended. 7. That the developer records an easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 8. That the developer submits a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to making an application for a building permit. 9. That the developer submits a comprehensive sign program proposal for the Vail Plaza Hotel West for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 10. That the developer submits a rooftop mechanical equipment plan for review and approval of the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and screened from public view. 11. That the developer posts a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 12. That the developer either receives approval from the neighboring owner's associations to allow for construction activities on neighboring properties or submits a construction staging and limits of disturbance plan that indicates all of these activities will occur on the applicant's property. 13. That the developer provides access (via a legally binding easement agreement) for the Nine Vail Road Association and guests to enter the subject property from Vail Road and exit across the subject property from the location of Nine Vail Road's surface parking area to South Frontage Road. This is necessary to facilitate the applicant's proposed traffic circulation plan. The easement will be in effect as long as the surface parking exists on the Nine Vail Road property. 5 r 14. That the applicant submits civil drawings to determine compliance with all Town of Vail engineering requirements prior to final Design Review Board approval. 15. Pursuant to Section 12-7A-14, Town of Vail Code, the applicant shall pay road impact fees in an amount that is directly proportionate to the anticipated new road impacts generated by this development ($5000 per peak hour trip end). A specific amount for road impact fees will be declared (and adopted via a memorandum of understanding), based upon the anticipated new road impacts outlined in the applicant's traffic study. This dollar amount will be put in escrow once a building permit is issued. Any actual improvements constructed to the frontage road will be credited against the total. The escrowed dollars will be held for a period of 10 years from time of permit issuance. If and when any sort of funding mechanism is put in place (such as a special district which this development participates in) any dollars generated from the development will be offset by the amount owed. If there is an excess it will be refunded. Any shortfall will be made up by the escrowed dollars. 16. That the applicant complies with all fire department staging and access requirements pursuant to Title 14 (Development Standards), Vail Town Code. This will be demonstrated on a set of revised plans for town review and approval prior to building permit submittal. 17. That the required Type III deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership transfer with the deed to the hotel property. 18. That the developer coordinates the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers will be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 19. Prior to first reading of an ordinance adopting a special development district for the property, the developer shall resolve the guest exit drive alignment to the satisfaction of the town engineer. 20. Within the parameters of the approved building envelope, an additional common employee storage area must be provided. 21. An additional six inches of height (per storey) may be added along the South Frontage Road wing within Levels 4 and above. DESIGN REVIEW BOARD RECOMMENDATION At its April 18th meeting, the Town of Vail Design Review Board (DRB) voted to recommend approval of the proposed special development district to the Vail Town Council with the following finding: That the proposed special development district is in general compliance with the town's design guidelines and SDD design criteria, although additional attention should be given to Criterion A (Compatibility) with particular regard to scale and bulk. 6 DRAFT DEVELOPER IMPROVEMENT AGREEMENT THIS DEVELOPER IMPROVEMENT AGREEMENT (the "Agreement"), made and entered into this day of . 2001, by and among the Daymer Corporation (the "Developer"), and the Town of Vail (the "Town"). WHEREAS, the Developer intends to construct the Vail Plaza Hotel West (the "Project") on the property described as a portion of Lots A & B and Lot C, Block 2, Vail Village Filing #2 (the "Property"); WHEREAS, the Property is zoned as Special Development District No. 36, Vail Plaza Hotel West, pursuant to Ordinance No. 14, Series of 2001, adopted by the Town Council on June 19, 2001 (the "SDD Ordinance"); WHEREAS, the SDD Ordinance and the Approved Development Plans specified therein impose certain obligations (the "Requirements") on the Developer and require the Developer to construct various off-site improvements (the "Improvements"); and WHEREAS, the Developer and the Town desire to enter into this Agreement in order to memorialize the Developer's obligations with respect to the Requirements and Improvements. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Town agree as follows: 1. Construction Staaina/Phasina Plan. Pursuant to the Approved Development Plan for the Project, the Developer has prepared and presented to the Town and the Town has approved the Construction Staging and Phasing Plan for the Project as set forth in this paragraph and on the site plan attached hereto as Exhibit B and incorporated herein by reference. VAIL PLAZA HOTEL WEST CONSTRUCTION PLAN Adopted SCHEDULE The construction schedule of the Project shall generally be as follows: Commence Building and Site Demolition/Excavation Off-site Improvements Construction Substantially Complete TRUCK ACCESS & TRAFFIC CONTROL ¦ Delivery drivers shall contact the Construction Superintendent ( 970- - ) a minimum of (2) business days prior to a delivery to coordinate the delivery and unloading. ¦ All delivery trucks shall enter the site at the South Frontage Road and exit the site at South Frontage Road. When ready to exit, all drivers shall contact the Construction Superintendent to arrange radio-controlled traffic exit with the assistance of the Traffic Controller. No delivery trucks shall leave the site without clearance from the Traffic Controller. ¦ Qualified traffic control personnel shall be employed by the Contractor. All traffic control personnel shall be equipped with a radio and appropriate flagging/signage equipment. The traffic control personnel will coordinate the entering and exiting of delivery trucks with buses and pedestrians traffic. Public buses shall take priority over all construction traffic. All traffic control shall conform to the Manual of Uniform Traffic Control Devices. ¦ No delivery trucks shall be staged on Town of Vail streets. ¦ All traffic control personnel shall be equipped with a radio, whistle and the appropriate signs. The traffic control personnel shall signal when trucks are to exit the site only after making visual clearance for oncoming buses and stopping pedestrian traffic in all directions. • The Contractor shall employ a "Contract Enforcement Officer" to enforce the provisions of this plan. 1 DRAFT PARKING ¦ Construction worker parking shall be in the Vail Transportation Center until the underground garage in the Vail Plaza Hotel West can supplement parking of trade workers. ¦ There shall be no parking on Town of Vail streets. • There shall be no delivery truck staging on Town of Vail streets. PEDESTRIAN SAFETY AND TRAFFIC DIRECTION • The Contractor shall install warning signs informing the public of the construction activity. The signs shall be installed in the locations identified on the approved construction staging plan. ¦ The contractor shall install a construction fence as indicated on the approved construction staging plan. CONSTRUCTION HOURS • Access for workers to the site will be after 7:00 a.m. Monday through Saturday. There shall be no construction activity on the site on Sundays. • Working hours and equipment startups will be after 7:30 a.m. and must be shut down by 6:00 p.m. Monday through Saturday, and 8:00 a.m. to 5:00 p.m. during the ski season. • Construction activity required for Sundays, holidays or for extended work hours shall be reviewed three working days in advance and approved by the Town of Vail. When required, construction hours on Sundays will be limited to the hours of 9:00 am to 5:00 pm. ROAD CLEANING AND MAINTENANCE ¦ The Contractor shall keep West Meadow Drive, Vail Road, South Frontage Road and areas adjacent to the outside of the construction fence clean from construction debris, mud or other undesirable materials resulting from the Vail Plaza Hotel West construction activities at all times. Anti-tracking surface will be installed a minimum of 50 feet from the entrance and exits to the site. SNOW REMOVAL ¦ The Contractor shall remove snow from within the site and disposed of in an appropriate manner off site, as needed. DUST AND NOISE CONTROL ¦ The Contractor shall limit unusually noisy construction activities to the hours of 7:30 a.m. to 6:00 p.m. Monday - Saturday, with the additional restriction of 8:00 am to _5:00 pm each day during the ski season. Unusually noisy construction activities include but are not limited to: • Jackhammers • Diesel powered equipment including excavation equipment, Mobile Welders, ¦ Generators, Crane, Concrete Pump Trucks • Masonry Saws outside of the building ¦ The Contractor shall advise all trade workers of the need to use tools and machines with manufacturer-approved sound attenuating devices. ¦ The Contractor shall control the dust emanating from the construction site during demolition and earth working activities with water. • The execution of this document shall serve as a Specified Noise Permit pursuant to Section 5-1-7(C) of the Town of Vail Municipal Code. The Town Manager finds that the activity of construction will be of temporary duration which can not be done in a manner that will comply with subsection (A) and no other reasonable alternative is available. FIRE HYDRANT ACCESS/SAFETY ¦ The fire hydrants along adjacent public roads shall remain free and accessible to the Fire Department at all times. 2 DRAFT ¦ The Contractor shall contact the Town of Vail Fire Inspector to field verify the location of the construction fence nearest the fire hydrant. ¦ All construction activities will be performed in accordance with OSHA standards. ¦ The contractor will post the emergency response phone numbers on the site. ¦ Fire suppression equipment and First Aid equipment will be on site in the Construction Trailer and on site in appropriate areas. ACCESS TO ADJACENT PROPERTIES ¦ Access to adjacent private properties will be maintained at all times during construction. CONTRACT COMPLIANCE PENALTIES • Bus traffic shall not be stopped for any reason except an emergency. First time violators will be subject to a $150 penalty. Second time violators will be subject to a $300 penalty. Third time violators will be subject to a $2,500 penalty and may be prevented from working on the site. ¦ No parking shall be allowed on public streets. First time violators will be subject to a $150 penalty. Second time violators will be subject to a $300 penalty. Third time violators will be subject to a $2,500 penalty and may be prevented from working on the site. ¦ Noise attenuation rules shall be enforced. First time violators of the noise control rules will be subject to a $150 penalty. Second time violators will be subject to a $300 penalty. Third time violators will be subject to a $2,500 penalty and may be prevented from working on the site. • These penalties shall be assessed, collected and administered by Construction, Inc. It is understood that Construction, Inc. shall use any funds collected to further assure compliance with the Contract. TRAFFIC CONTROL PLAN COMPLIANCE • The Contractor will mail a copy of this plan to all material vendors with purchase orders and confirm that delivery truck drivers acknowledge the rules and the potential fines outlined. ¦ The Contractor will make these rules a part of each subcontract, will review them with the subcontractor prior to their first activity on site, will reference them in the weekly Subcontractor Meeting Notes and will work on site as a condition of employment on the Vail Plaza Hotel West project. ENFORCEMENT ¦ It is agreed that all terms and conditions contained herein shall be subject to enforcement by the Town Manager. In the event any condition or violation of the terms herein is not remedied in ten (10) days of notification, the project is subject to a stop work order until such a time as remedied. 2. Off-Site / Public Imorovements. The Developer shall, at the Developer's sole cost and expense (except as specifically hereinafter provided) complete the following Improvements: (a) West Meadow Drive: The Developer agrees to design and construct streetscape improvements along West Meadow Drive including sidewalks, roads, medians, plazas, lighting, landscape, hardscape, snowmelt, curb and gutter, and drainage facilities, as described in the Approved Development Plan dated June 11, 2001. This plan will involve the removal and re-vegetation of the obsolete delivery bay asphalt for the Chateau Vail on the Nine Vail Road property (Lot B, Vail Village Filing #2). The developer's construction obligation will include both the subject property and the public right-of way directly abutting the subject property up to the centerline of West Meadow Drive. The developer agrees to construct the streetscape improvements in accordance with the pending West Meadow Drive streetscape design to be approved by the Town of Vail. These improvements will be in place prior to the issuance of a Temporary Certificate of Occupancy for the project. 3 • • L DRAFT (b) South Frontaae Road: The Developer agrees to design and construct streetscape improvements along South Frontage Road including sidewalks, roads, medians, plazas, lighting, landscape, hardscape, snowmelt, curb and gutter, and drainage facilities, as described in the Approved Development Plan dated June 11, 2001. These improvements will be in place prior to the issuance of a Temporary Certificate of Occupancy for the project. (c) Vail Road: The Developer agrees to design and construct streetscape improvements along Vail Road including sidewalks, roads, medians, plazas, lighting, landscape, hardscape, snowmelt, curb and gutter, and drainage facilities, as described in the Approved Development Plan dated June 11, 2001. These improvements will be in place prior to the issuance of a Temporary Certificate of Occupancy for the project. (d) Spraddle Creek: The Developer agrees to provide an adequate engineered containment system and to record an easement for Spraddle Creek. The easement shall be prepared by the Developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. If necessary to provide an adequate containment system, the Developer will coordinate the upgrade of portions of the creek extending onto Lot B, Vail Village Filing 2 (with owners' permission). These improvements will be in place prior to the issuance of a Temporary Certificate of Occupancy for the project. (e) Road Impacts: Pursuant to Section 12-7A-14, Town of Vail Code, the Developer agrees to pay road impact fees in an amount that is directly proportionate to the anticipated new road impacts generated by this development ($5,000.00 X 85 new projected peak hour trip ends, for a total of $425,000.00). This dollar amount will be put in escrow once a building permit is issued. Any actual improvements constructed to South Frontage Road or Vail Road will be credited against the total. The escrowed dollars will be held for a period of 10 years from time of permit issuance. If and when any sort of funding mechanism is put in place (such as a special district which this development participates in) any dollars generated from the development will be offset by the amount owed. If there is an excess, it will be refunded. Any shortfall will be made up by the escrowed dollars. (f) Access Easements: The Developer agrees to provide ingress (via a legally binding easement agreement) for Lot B, Vail Village Filing #2 from Vail Road across the subject property. The Developer agrees to provide egress (via a legally binding easement agreement) for Lot B, Vail Village Filing #2 across the subject property to South Frontage Road. These easements will be submitted to the Town for review and approval prior to the issuance of a building permit for the project. The easements will be in effect as long as the surface parking exists on the Nine Vail Road property (Lot B, Vail Village Filing #2). (g) Access Easement: The Developer agrees to provide egress (via a legally binding easement agreement) for residential traffic (passenger cars) from Lot A, Vail Village Filing #2 across the Developer's property via the proposed guest access drive, as described on the Approved Development Plan dated June 11, 2001. This easement will be submitted to the Town for review and approval prior to the issuance of a building permit for the project. 3. Additional Reauirements. The Developer, and the Developer's successors and assigns, shall maintain the landscaping in the adjacent Town right-of-way on the north and south sides of the Project. Any damage that occurs to public or private property will be repaired and returned to the conditions existing prior to construction on the Project. 4. Indemnification. The Developer agrees to indemnify and hold the Town harmless from and against any and all liability, claims, actions, losses and damages, including reasonable attorneys' fees, arising from any activities of the Developer on the Property, on Town property or within a Town right-of-way. 5. Insurance. Prior to site excavation or the commencement of construction of any substantial improvements by the Developer, the Developer shall obtain and keep in effect so long as construction of improvements continues a policy of public liability insurance with limits of $2,000,000.00 and umbrella coverage of $10,000,000.00, naming the Town as an additional insured. 4 w DRAFT 6. Warrantv. The Developer hereby warrants all work and material for a period of one year after acceptance of the Improvements by the Town if such work -is located on Town property or within a Town right-of-way. 7. Amendment. This Agreement may be amended from time to time, provided that such amendments be in writing and executed by all parties hereto. Dated the day and year first above written. TOWN OF VAIL By: Robert W. McLaurin, Town Manager STATE OF COLORADO ) ss. COUNTY OF ) Subscribed to and sworn to before me this day of , 2001, by Robert W. McLaurin, Vail Town Manager. Witness my hand and official seal. [SEAL] Notary Public My Commission Expires: DAYMER CORPORATION By: Waldir Prado, President STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 2001, by , as of the Daymer Corporation. Witness my hand and official seal. [SEAL] Notary Public My Commission Expires: 5 ORDINANCE NO. 14 SERIES OF 2001 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 36, VAIL PLAZA HOTEL WEST, AND ADOPTING AN APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36 IN ACCORDANCE WITH CHAPTER 12-9A, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 12-9A of the Town of Vail Zoning Regulations permits the adoption of Special Development Districts; and WHEREAS, Waldir Prado, d.b.a. the Daymer Corporation, has submitted an application for the establishment of Special Development District No. 36, Vail Plaza Hotel West; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held public hearings on the application; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for establishment of special development districts and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed special development district, Vail Plaza Hotel West, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of Special Development District No. 36, Vail Plaza Hotel West, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed Approved Development Plan for Special Development District No. 36, Vail Plaza Hotel West. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1 Section 1. Puraose of the Ordinance The purpose of Ordinance No. 14, Series of 2001, is to adopt an Approved Development Plan for Special Development District No. 36, Vail Plaza Hotel West, and to prescribe appropriate development standards for Special Development District No. 36, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District No. 36 will remain "Public Accommodation." Section 2. Establishment Procedures Fulfilled. Plannino Commission Reoort The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the establishment of Special Development District No. 36, Vail Plaza Hotel West. Requests for the establishment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Municipal Code. Section 3. Special Development District No. 36 The Special Development District is hereby established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 36, Vail Plaza Hotel West, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards - Special Development District No. 36. Vail Plaza Hotel West Development Plan-- The Approved Development Plan for Special Development District No. 36, Vail Plaza Hotel West, shall include the following plans and materials prepared by Zehren and Associates, Inc., dated June 11, 2001, and stamped approved by the Town of Vail, dated July 10, 2001: 2 A. Improvements Plan B. Existing Circulation. C. Circulation Plan D. Site Plan - North E. Site Plan - South F. Frontage Road and West Meadow Drive Street Sections G. East and West Elevations H. North, Southwest and South Elevations 1. West and East Building Sections J. South and North Building Sections K. Building Height Plan 1 - Absolute Heights / Interpolated Contours L. Building Height Plan 2 - Height Above Grade / Interpolated Contours M. Roof Plan N. Level 6 (223.0') 0. Level 5 (213.0') P. Level 4 (202.5') Q. Level 3 (192.5') R. Level 2 (182.5') S. Level 1 (1725) T. Level 0 (162.5') U. Level -1 (152.5') V. Level -2 (1425) W. Level 3 (132.5') X. Mass/Bulk Study Permitted Uses-- The permitted uses in Special Development District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Uses-- The conditional uses for Special Development District No. 36, Vail Plaza Hotel West, shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be 3 reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density-- Units per Acre - Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units The number of units permitted in Special Development District No. 36, Vail Plaza Hotel West, shall not exceed the following: Dwelling Units -15; Accommodation Units -116; Fractional Fee Club Units - 40; Type III Employee Housing Units -14 (4,971 square feet of residential floor area; 1,615 square feet of employee storage). Density-- Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Vail Plaza Hotel West, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specifically: GRFA - 151, 696 square feet Retail -1,128 square feet Restaurant/Lounge -1,708 square feet Conference Facilities - 20,624 square feet Health Club -10,016 square feet Spa/Treatment - 3,820 square feet Employee Housing - 4,971 square feet of residential floor area; 1,615 square feet of employee storage Setbacks-- Required setbacks for Special Development District No. 36, Vail Plaza Hotel West, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height-- The maximum building height for Special Development District No. 36, Vail Plaza Hotel West, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (73.5 feet maximum). 4 Site Coverage— The maximum allowable site coverage for Special Development District No. 36, Vail Plaza Hotel West, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (58, 522 square feet above grade, 77,219 square feet below grade). Landscaping— The minimum landscape area requirement for Special Development District No. 36, Vail Plaza Hotel West, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (30, 874 square feet). Parking and Loading-- The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Vail Plaza Hotel West, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (225 spaces, 3 loading berths). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail. Section 5. Approval Aareements for Soecial Develooment District No. 36. Vail Plaza Hotel West 1. That the Developer submits the following plans to the Department of Community Development for review and approval as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; c. A Stormwater Management Plan; d. A Site Dewatering Plan; e. A Traffic Control Plan; f. A Spraddle Creek routing and containment plan; and g. An environmental audit including soils and stream conditions (during excavation). 2. That the Developer provides deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 28 employees 14 (4,971 square feet of residential floor area; 1,615 square feet of employee storage), and that said deed-restricted housing be made available for occupancy, and that the deed restrictions are recorded with the Eagle County Clerk & Recorder prior to requesting a Temporary Certificate of Occupancy for the Vail 5 Plaza Hotel West. The required Type III deed-restricted employee housing units shall not be eligible for resale and the units will be owned and operated by the hotel and said ownership shall transfer with the deed to the hotel property. 3. That the Developer submits a final detailed landscape plan to the Community Development Department for Design Review Board review and approval prior to making an application for a building permit. This plan will involve the removal of the obsolete delivery bay asphalt for the Chateau Vail on the Nine Vail Road property (Lot B, Vail Village Filing #2) and the re-vegetation of that portion of the site. 4. That the Developer submits a complete set of plans to the Colorado Department of Transportation for review and approval of a revised access permit, prior to application for a building permit. 5. That the Developer records an easement for Spraddle Creek. The easement shall be prepared by the Developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the project. 6. That the Developer submits a final exterior building materials list, a typical wall section, comprehensive sign program, rooftop mechanical equipment screening plan and complete color renderings for review and approval of the Design Review Board, prior to making an application for a building permit. 7. That the Developer posts a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. Pursuant to Section 12-7A- 14, Town of Vail Code, the applicant shall pay road impact fees in an amount that is directly proportionate to the anticipated new road impacts generated by this development ($5000 X 85 new projected peak hour trip ends, for a total of $425,000.00). This dollar amount will be put in escrow once a building permit is issued. Any actual improvements constructed to the frontage road or Vail Road will be credited against the total. The escrowed dollars will be held for a period of 10 years from time of permit issuance. If and when any sort of funding mechanism is out in place (such as a special district which this development participates in) any dollars generated from the development will be offset by the amount owed. If there is an excess, it will be refunded. Any shortfall will be made up by the escrowed dollars. 8. That the Developer either receives approval from the neighboring owner's associations to allow for construction activities on neighboring properties or submits a construction staging and limits of disturbance plan that indicates all of these activities will occur on the applicant's property, prior to application for building permit. 9. That the Developer agrees to provide ingress (via a legally binding easement agreement) for Lot B, Vail Village Filing #2 from Vail Road across the subject property and egress (via a legally binding easement agreement) for Lot B, Vail Village Filing #2 across the subject property to South Frontage Road. These easements will be submitted to the Town for review and approval prior to the issuance of a building permit for the project. The easements will be in effect as long as the surface parking exists on the Nine Vail Road property (Lot B, Vail Village Filing #2). 10. That the Developer agrees to provide egress (via a legally binding easement agreement) from Lot A, Vail Village Filing #2 across the Developer's property via the proposed guest access drive, as described on the Approved Development Plan dated June 11, 2001. This easement will be submitted to the Town for review and approval prior to the issuance of a building permit for the project. 6 11. That the Developer submits civil drawings to determine compliance with all Town of Vail engineering requirements prior to final Design Review Board approval. This includes all off-site improvements, including the improvements to the South Frontage Road, Vail Road and West Meadow Drive, as well as the coordination of the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers will be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 12. That the Town and the Developer enter into a Developer Improvement Agreement to outline obligations and responsibilities for off-site improvements, hours of construction activity, traffic management and other related issues in accordance with the Approved Development Plan dated June 11, 2001 and the Memorandum of Understanding dated June 14, 2001, prior to the issuance of a building permit for the Project. 13. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 36. Access or use of the facility shall not be unduly restricted for Special Development District No. 36. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. Section 6. 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 7. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7 Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19`h day of June, 2001, and a public hearing for second reading of this Ordinance set for the 10`h day of July, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 10th day of July, 2001. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk 8 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, July 9, 2001 PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Galen Aasland John Schofield Diane Golden Chas Bernhardt Doug Cahill Brian Doyon Dick Cleveland Site Visits : 1:00 pm 1. Gateway - 12 Vail Road Driver: George 1[*iI NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearinq - Town Council Chambers 2:00 pm 1. A request for a rezoning from Commercial Core I to Commercial Service Center, a major amendment to Special Development District No. 21, a text amendment to Section 12-7E-4 of the Vail Town Code, to allow for private clubs as a conditional use in the Commercial Service Center zone district, a conditional use permit for a private parking club in the Commercial Service Center zone district, and a conditional use permit to allow for residential dwelling units in the Commercial Service Center zone district, located at 12 Vail Road / portions of lots O and N, Block 5D, Vail Village 1s' Filing. Applicant: Mountain Owners, L.P., represented by Braun Associates Planner: Allison Ochs WORKSESSION - NO VOTE 2. A request for a final review to amend certain residential zone districts in the Town of Vail to allow home day care facilities subject to the issuance of a conditional use permit and a home occupation permit. Applicant: Town of Vail Planner: George Ruther MOTION: Doug Cahill SECOND: Dick Cleveland VOTE: 4-0 RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL, IN ACCORDANCE WITH THE STAFF MEMORANDUM. 1 TOWN OF PAIL 3. A request for a final review of a minor subdivision proposal, located at 3834 & 3838 Bridge Road/ Lots 11 & 12, Bighorn Subdivision 2nd Addition. Applicant: Gary Weiss, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 4. A request for a final review of a minor subdivision proposal, located at 3816, 3826, and 3828 Bridge Road/ Lots 8, 9, & 10, Bighorn Subdivision 2"d Addition. Applicant: Jeff Dahl and June Frazier, represented by Steve Riden, Architect Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 5. A request for a final review and a recommendation to the Vail Town Council on the Town of Vail's proposed Meadow Drive streetscape improvement project, located at East/West Meadow Drive, Vail Village. Applicant: Town of Vail Planner: George Ruther TABLED UNTIL JULY 23, 2001 6. A request for a recommendation to the Vail Town Council on the adoption of the Arts in Public Places Master Plan. Applicant: Town of Vail, represented by Braun Associates, Inc. Planner: Ann Kjerulf TABLED UNTIL JULY 23, 2001 7. Approval of June 25, 2001 minutes TABLED UNTIL JULY 23, 2001. 8. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department 2 July 2, 2001 VAIL ARTS FESTIVAL Town Council Members Town of Vail Dear Council Members: I am writing to thank you for your support of the 2001 Vail Arts Festival. The 2001 Festival was held this past weekend June 29, 30 and July 1 throughout Lionshead Mall and on the Gondola lawn. The estimated attendance was between 12,000 and 15,000 people over the three days. Marketing for the event was placed through the following media outlets: • Outside Vail, specifically on the Front Range, through the Vail Valley Tourism & Convention Bureau's coordination with the Vail Marketing District. The event was also listed in the Vail Summer Events Calendar. • Regionally, the event was advertised via the Summit Daily News, the Glenwood Post and the Aspen Times. Additionally, radio advertisements were placed on KTUN-FM, KNFO-FM and on KSKE-FM radio stations. • Locally, the event was promoted through advertisement with the Vail Daily, KTUN-FM and KSKE-FM radio stations, and via event posters. • 36 concierge packets were distributed to lodges in Vail with a complete schedule of events. We have supplied each artist who participated in the show with an Event Evaluation to be returned to our office by July 30, 2001. We have asked the artists to supply feedback on how we can improve this event for the future. I do know from talking with numerous artists, the $75 outside vendor fee was an issue for them. I am prepared to assist staff in finding a solution to this situation. I must comment, in closing, on the superb coordination amongst Town of Vail departments in support of the Arts Festival. From your Town Manager's office, to your Town Clerk and sales tax offices, to public works, police and fire, the support of events and safety of our guests is unsurpassed. The Town of Vail staff should be commended for their dedication and service to our community. Please feel free to call me at my office at 328-1182, at home, 328-6698, or on my cell at 376- 3756 if you have any questions or would like to discuss the Arts Festival further. Thank you again for your support of events in Vail. Best Regards, Laurie Asmussen Festival Director cc: Joel Heath, VVTCB - - P.O. Box 6499 • Vail, CO 81658 • Phone: 970/328-7750 • Fax: 970/328-5681 9 E-mail: vailartstestival@vail.net From Robert '_eVine To: Laurie Asmussen Data 07/02/2001 Time 10:12:20 AN' Page 1 or 1 ANTLERS AT vWL 680 W. Lionshead Place Vail, CC 81657 970.476.2471 970.476.1012 fax www.antlersvail corn To; Laurie Asmussen From : Robert LeVine Company : Vail Arts Festival Date : 07/02/2001 Pages including cover page: 1 Time: 10:18:14 AM Laurie, I just wanted to drop you a short note to say great lob on the Arts Festival this last weekend. As you know, this has always been one of-the most important events of the year for those of us doing business in Lionshead. This year's event was as good as ever. I suppose your crowd numbers may have been down a bit (although when I walked through the show on Saturday it was jammed). However, that's the price we pay (and one well worth it) for moving events from July into June. I've been saying for many years that our lack of business in the off-season is a "chicken and egg" problem. Until more people are willing to put on events on the fringe of the busy season, it will never grow into a more viable timeframe. Hats off to you for pulling off such a great event, and one that will surely help attract more people when we need them in the future. I spoke to several Antlers guests who commented how much they enjoyed it. One of them went on at great length (and with good humor) about how much money the festival had cost him. Thanks for doing such a great job and keep up the good work. Best Regards, Q MEMORANDUM TO: Vail Town Council FROM: Bob McLaurin, Town Manager RE: Town Manager's Report DATE: July 10 2001 Town Manaaer's Schedule I will be on vacation from Friday, July 13th, until Tuesday, July 17th. Assuming no delays in our flight back in Vail, I should be back in time to attend the evening meeting on the 17th. During my absence, Steve Thompson will serve as the acting Town Manager and will be available to handle any problems and answer your questions. I will be checking my voice mail and e-mail regularly. Mary Caster will be able to contact me if you need to contact me. Donovan Park Pavilion Financinq Several months ago, the Town Council agreed to fund the $3.2 million required to design and construct the Donovan Park Pavilion from the Capital Projects Fund. We were able to do that because of the fund balance available from the Capital Projects Fund. Subsequent to this decision, the Council decided to move forward with the condemnation of "the Ruins". We offered to purchase the property prior to the commencement of condemnation proceedings, The total cost of this transaction will be based on the findings of the court (they will establish the value which we must pay when we take possession of the property.) and other transactional costs (i.e., appraisals, legal fees, etc.) will drive the cost of this acquisition significantly higher than $2,013.000. As we discussed when the Council decided to move forward with the Ruins acquisition, the fund balance is not sufficient to cover the $3.2 million required by the Pavilion and the $2+ million required to secure the Ruins property. We also discussed the necessity of alternate funding for one of these projects. The most efficient way to address this shortfall is to fund the cost of the Donovan Park Pavilion through a Certificate of Participation. As you will recall, COP's are essentially a lease/purchase arrangement whereby we essentially borrow the money for the project in mind. The collateral which would be secured as part of the COP arrangement would be the Buzzard Park employee housing units and the Community Development building. It should be noted this is a common practice and was the manner in which the Town of Avon financed its new shop facility and the manner in which the Town of Breckenridge has acquired open space. We will be preparing the necessary legal documents to provide this financing over the next few weeks so that that these funds will be in place in time to finance the construction of the pavilion. If you have questions or need additional information, please do not hesitate to contact me. TOV Communitv Picnics July 12 - Bighorn Park, hosted by Public Works/Transportation July 26 - Stephens Park, hosted by Corn Dev, Library, Admin. Aug. 12 - Ford Park Rescue Rangers, hosted by Police/Fire UPCOMING ITEMS: July 17t" Work Session Development Review Fees Ski Storage in Lionshead Lionshead View Corridors Discussion of Ordinance re: Gateway Building Discussion of Ordinance re: Home Day Care July 17th Evenina Meetina Ord. # Supplemental Ordinance, 1St reading Ord. # , Gateway SDD #21, 1St reading Ord. # , Home Day Care, 1St reading Donovan Park - Approval of General Contractor July 24th Work Session Neighborhood Picnic - Bighorn Park Review Uniform Building & Fire Code Bavarian Theme Discussion Monthly Meeting Schedule Discussion 1-70 Noise Mitigation DRB/PEC Report i r MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: July 10, 2001 FORUM: Town Council Worksession, Executive Session SUBJECT: Determination of Town Council interest in purchasing or acquiring conservation easements on Lots 8, 10, & 11, Bighorn Subdivision, Second Addition SUMMARY Lots 8, 10, & 11, Bighorn Subdivision, Second Addition are referred to as Parcel 40 in the Comprehensive Open Lands Plan. Parcel 40 is identified as a high priority for acquisition because it could provide access to a potential South Trail and is located in a geologically sensitive area. The Community Development Department has received a proposal to consolidate Lots 11 & 12. Another proposal has been received to resubdivide Lots 8, 9, & 10. Both of these proposals were reviewed by the Planning and Environmental Commission on June 25, 2001. A final review of both minor subdivision requests is scheduled for July 23, 2001. Prior to a final decision by the PEC, staff would like to determine whether or not the Town Council has an interest in purchasing or acquiring conservation easements upon any of the subject properties. The applicants' representative has informed staff that the owners of Lots 8, 9, & 10 may be amenable to the Town of Vail acquiring a conservation or environmental easement across the red hazard avalanche areas on these lots. The option to purchase the lots in their entirety or in part has not been discussed with the present owners. This may not be an option that the Town Council would like to pursue only because the red hazard avalanche designation makes a large portion of the lots unbuildable due to the Town's hazard regulations. DESCRIPTION OF THE MINOR SUBDIVISION REQUESTS The applicants, June Frazier and Jeff Dahl, represented by Steve Riden, have submitted an application to the Town of Vail Community Development Department for a minor subdivision of Lots 8, 9, and 10, Bighorn Subdivision, Second Addition. The request is for the reconfiguration of the property lines shared by these three lots. Currently, Lot 8 is 0.87 Acres in size, Lot 9 is 0.34 Acres in size, and Lot 10 is 0.30 Acres in size. With a resubdivision of these lots, Lot 8 would be 0.825 Acres in size, Lot 9 would be 0.372 Acres in size, and Lot 10 would be 0.367 Acres in size. The total area under consideration is 1.56 Acres. There are currently no development proposals for any of the lots. However, staff anticipates that these would be forthcoming if the minor subdivision is approved. The applicant, Gary Weiss, represented by Steve Riden, has submitted an application to the Town of Vail Community Development Department for a minor subdivision of Lots 11 and 12, Bighorn Subdivision, Second Addition. The request is for these two lots to be consolidated. Currently, Lot 11 is 2.23 Acres in size and Lot 12 is 0.71 Acres in size. The total area under consideration is 2.94 Acres. The creation of a single lot would be accomplished by vacating the existing property line between Lots 11 and 12. In conjunction with the minor subdivision request, the applicant is proposing to construct an addition to the existing single family residence located on Lot 12. TOw 4VAR BACKGROUND The Bighorn Subdivision, Second Addition was platted on July 22, 1963. The Board of County Commissioners of Eagle County approved the platting as the property was then under Eagle County jurisdiction. Lots 8-12 have remained in the current configuration since being platted. The Bighorn Subdivision, Second Addition was annexed into the Town of Vail pursuant to Ordinances 13 & 20, Series of 1974. The annexation became effective on November 5, 1974. Upon annexation into the Town of Vail, Lots 8-12 were zoned Two Family Primary/Secondary Residential. At the time of annexation, residential structures existed on Lots 9 & 12, and Lots 8, 10, & 11 were vacant. In 1976, the Town of Vail contracted with Arthur I. Mears to complete a Geologically Sensitive Areas Study. For purposes of the study, geologically sensitive areas were defined as snow avalanche, rock fall and debris flow. In response to the findings of Mr. Mears' study, the Town of Vail adopted Geologic Hazard Maps for snow avalanche, rock fall and debris flow as components of the Town of Vail Comprehensive Plan. The maps were adopted by the Town in 1977. In 1978, the Town of Vail adopted Hazard Regulations. The purpose of the regulations is to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes, and geologically sensitive areas; to regulate the use of land areas which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associated with flood plains, avalanche areas and areas of geologic sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche paths and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. In 1986, the Vail Town Council adopted the Town of Vail Land Use Plan. Like the Geologic Hazard Maps, the Land Use Plan is a component of the Town of Vail Comprehensive Plan. According to the Land Use Plan, Lots 8-12 are designated "low density residential". The purpose of the low-density residential designation is to provide sites for single-family detached homes and two-family dwelling units. Density of development with in this category would typically not exceed 3 structures per buildable acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools, and club . houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. In 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The objectives of the plan are: ¦ To identify citizen and visitor needs and preferences for a comprehensive system of open space uses such as parks, recreation, protection of environmental resources, trails, and to reserve lands for public use; • To prioritize available open lands for acquisition or protection; ¦ To identify creative strategies to implement the acquisition and protection program; ¦ To define a management system to appropriately manage Town-owned open space lands, and; ¦ To buffer neighborhoods with open space. The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of land that require some kind of action either for protection of sensitive lands, for trail easements, or for public use. In developing the plan, over 350 parcels were evaluated with 51 parcels on which actions were recommended. The recommendations were developed utilizing specific criteria to evaluate the areas of highest priority. Generally, areas received the highest priority if they met the stated objectives of the Town and its citizens and were an integral part of the open lands system. Within the 51 parcels, there are five priority areas made up of a number of recommended actions. These priorities are: 2 ¦ Protect sensitive natural habitat areas, riparian areas, and hazard areas; ¦ Extend the Vail Trail to East Vail and add several trailheads to access the trail; ¦ Add a new trail on the north side and western half of Town to connect existing trailheads and neighborhoods; ¦ Add three "trailheads" in the core areas to access Vail Mountain trails and inform visitors of trail opportunities and provide better access to Gore Creek; ¦ Add bike lanes to the north and south frontage roads and add paved shoulders to Vail Valley Drive. To date, the Town of Vail has taken action on at least 41 of the 51 parcels identified for action in the Plan. This most recently includes Lot 16 of Bighorn Subdivision, 2"d Addition. The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lots 8, 10, and 11, Bighorn Subdivision, Second Addition as "Parcel 40" for implementation purposes. Parcel 40 is classified as a "High Priority". The high priority classification is based upon the Town's desire to acquire both the development rights and trail easements for the proposed South Trail extension. However, in September of 1999, Town staff worked with a former U.S. Forest Service trail construction supervisor to determine the feasibility of constructing the South Trail from the East Vail water tank to Mill Creek and the Vail ski area. As a result of this study, the following problematic issues were determined: 1) Cliffbands and steep grades along the proposed route make access to the trail from most East Vail neighborhoods difficult and/or dangerous. Access points along the trail would be limited to the East Vail water tank and portions of the Vail Trail adjacent to Golden Peak. 2) The pending White River National Forest Management Plan revisions change management direction in the area from "Backcountry Recreation, Non-Motorized" to "Forest Carnivore." Therefore, the U.S. Forest Service may not permit the construction of a new recreation trail under this designation. The plan also notes that Parcel 40 is located in a geologically sensitive area. Strategies for protecting Parcel 40 include purchasing the development rights, and/or acquiring an access easement through the parcel. As a high priority classification, Parcel 40 meets both Level One and Level Two Evaluation criteria. Level One Evaluation focuses on meeting community needs relating to the natural resource system, the recreation system, trails system, and reserving lands for future civic/public uses. Level Two Evaluation focuses on the availability of the parcel utilizing criteria such as the threat of development or irreversible damage, opportunities to leverage other funds, cost, unusual opportunity with a motivated seller, opportunity for trade with the USFS, low management requirements on the Town of Vail and low liability to the Town. The Town of Vail. Zoning Code prescribes the land development regulations for development within the Town. The following code sections are particularly relevant to the evaluation of the applicant's proposal: ¦ Chapter 6 - Two-Family Primary/Secondary Residential ¦ Chapter 21 - Hazard Regulations The purpose statement of Chapter 6 (Article D. Two-Family Primary/Secondary Residential (PS) District) states: "The Two-Family Primary/Secondary Residential District is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may approperiately be located in the same district. The Two- Family Primary/Secondary Residential District is intended to ensure adequate light, air, 3 privacy and open space for each dwelling, commensurate with single-family and two- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards." To date, there are no structures on Lots 8, 10, or 11. This is due to the prevalence of geologic hazards on these lots including avalanche and rockfall (see Figures 6 & 7 attached). Development has been proposed on Lot 11 in the past. However, due to the difficulties presented by geological hazards and steep slopes, development has never occurred on the site. There are three geologic hazard analysis reports in the legal file for Lot 11. Each report identifies geologic hazards on the site including high severity rock fall, debris flow, and snow avalanche. There are varying opinions as to whether Lot 11 is located-in a moderate or high hazard avalanche area. However, in a recent study of Lots 8, 10, & 12, Arthur Mears identifies an area of Red Hazard avalanche that clearly impacts Lot 11. Figures 6 & 7 have been attached for reference. All three of the reports suggest possible and potential hazard mitigation measures; earth-built structures, locational siting of the structure, boulder barriers, a rear concrete foundation wall protruding at least six feet above finished grade and "splitting wedges". However, no construction is permitted in a Red Hazard Avalanche area so these building techniques would not be applicable. According to the Hazard Regulations (Section 12-21-10): A. No structure shall be built in any flood hazard zone or red avalanche hazard areas. No structure shall be built on a slope of forty percent or greater except in Single-Family Residential, Two-Family Residential, or Two-Family Primary/Secondary Residential Zone Districts. The term "structure" as used in this Section does not include recreational structures that are intended for seasonal use, not including residential use. 8. Structures may be built in blue avalanche hazard areas provided that proper mitigating measures have been taken. C. The Administrator may require any applicant or person desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build if the Town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The requirement for additional information and study shall be done in accordance with Chapter 12 of this Title. D. The Administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate against the possible hazard. If mitigation is required, said information and report should specify the improvements proposed therefore. The required information and reports shall be done in accordance with Chapter 12 of this Title. 4 III. ZONING ANALYSIS LOT 8, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-family Primary/Secondary Residential (PS) Existing Lot Size 0.87 Acres (37,888 so Proposed Lot Size 0.825 Acres (35,937 so Standard Allowed Existina Proposed Density: 2 DUs + 1 EHU .0 2 DUs + 1 EHU GRFA: 6,889 sf 0 sf 6,694 sf Site Coverage: 7,578 sf 0 sf 7,187 sf Setbacks: Front -20 ft. n/a 20 ft. Sides-15 ft. n/a 15 ft. Rear- 15ft. n/a 15ft. Landscaping: 22,733 sf undeveloped 21,562 Building Height: 33' max undeveloped 33' max I i + 1~~..JSr,y4~"~^"5~.~f ~'~-n. S! Y • }t~'.i' "`~°Z+dBy. 3 HY JuC iji -t, 3 dye' y .Yrii ya` w"'~~.~t. ~`~?r~,.,~j~~ ~2~i -.il~r, i h:sv 'S. f A ~ +ne~Fi~,~ r,~7i.`..c'~it` +~1t,*; t WS h}' .;h7~[~ , ' 7 L ~tly ~Y G i` 1 L i 1 ~ 1 St• { ~n . ` ~:e"}•#' i~,~sa ~ ice; '=°-c_ac ~F h ~ {j;-.o,. x 7 ~ _ 5 LOT 9, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.34 Acres (14,941 so Proposed Lot Size 0.372 Acres (16,204 so Currently Proposed Standard Allowed Existina Allowed Density: 1 DU + 1 EHU 1 DU 2 DUs + 1 EHU GRFA: 4,160 sf (+250) 4,720 sf (+250) Site Coverage: 2,988 sf 3,241 sf Setbacks: Front -20 ft. 20 ft Sides-15 ft. 15 ft Rear- 15ft. 15 ft Landscaping: 8,956 sf 9,722 sf Building Height: 33' max 33' max *The existing development statistics for Lot 9 are not known. a. _ t r^4 ~ ~ ~ i j 6 LOT 10, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.30 Acres (12,898 sf) Proposed Lot Size 0.367 Acres (15,986 sf) Currently Proposed Standard AIIowPd Existing Allowed Density: 1 DU + 1 EHU * 2 DUs + 1 EHU GRFA: 3,650 sf * 4,697 sf Site Coverage: 2,580 sf * 3,197 sf Setbacks: Front -20 ft. * 20 ft Sides-15 ft. * 15 ft Rear- 15ft. * 15 ft Landscaping: 7,739 sf * 9,592 sf Building Height: 33' max 33' max *Lot 10 is an undeveloped lot. F P II 'A tt9~r i ~I~F~ fF r&1~ AIIA r ~ it 7 LOT 11, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-family Primary/Secondary Residential (PS) Existing Lot Size 2.23 Acres (97,139 so Proposed Lot Size to be eliminated Standard Allowed Existina Proposed Density: 2 DUs + 1 EHU n/a GRFA: 9,457 sf n/a Site Coverage: 19,428 sf n/a Setbacks: Front -20 ft. n/a Sides-15 ft. n/a Rear- 15ft. n/a Landscaping: 58,283 sf n/a Building Height: 33' max n/a "Lot 11 is an undeveloped lot. li w r ax _ s 8 LOT 12, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.71 Acres (30,928 sf) Proposed Lot Size 2.94 Acres (128,066 sf) Currently Proposed Proposed Standard Allowed Existing Allowed construction Density: 2 DUs + 1 EHU 1 DU 2 DUs + 1 EHU 1 DU GRFA: 6,146 sf (+250) 3,350 sf 11,003 sf 6,421 sf Site Coverage: 6,185 sf 1,378 sf 25,613 sf 2,935 sf Setbacks: Front -20 ft. 22.5 ft .20 ft 22.5 ft Sides-15 ft. 63 ft/17.5 ft 15 ft 17.5 ft/17.5 ft Rear- 15ft. 16 W 15 ft 16 ft* Landscaping: 18,557 sf 28,769 sf 76,840 sf 124,385 sf** Building Height: 33' max 31' 33' max 31' *The roof of the existing structure encroaches 1.5 ft more than is acceptable into a required setback. This is a legally non-conforming situation. **Includes natural areas not to be disturbed by construction. z - F 9 Vicinity Map Lots 8, 9 & 10, Bighorn Subdivision, Second Addition F ql. 5 ::3 %%`y • 3796 THE EDGES ~''?'z} G 3891 >{:,f 3797 p '391.1 6 3786 v, 3807 3901'.. 7 2 3 3776 }'Y"'.;:• 3827 N3<:•. ~ 3921 ••r,.. PITKIN CREEK PARK 4 `39,0 : 3B47 49 3931 6 { 13 1 3877 5A 3. 6 / 40111 3846 d~ 3887 7 7 \ 3971 14A 5B 3944 11 12 14B 3887 }pi 6 >x 3834 38383954 3876 4 5 %re%d 3897 "?}4 3964 r.>ny4 4 3974 15 16 3:. 3880 3896 3907 3' >;f 3984 2 'i3G%6•• 2B Y:3 3994 >•;Y} 1 • ass 3947' 4014 5 2A x 1A F 0 . 3916 3947 f`!i• 4030 4034 3916 {GA 3967 1 1 A>< Ldp 3977 :`~'~?y rs Vicinity Map Lots 11 & 12, Bighorn Subdivision, Second Addition 5 F 3796 THE EDGES % :.s%} 4 r E ` 11 3891 of 3797 D ,2 '391,1' 6 `rs} 3786{ h' 3807'"•'s} 390 . 7 3' 3776 «}~~y 9 3.921 3827 > +;N.•. 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( .t 1 !{-1 r\~,(~~ AH ~~~~~,it~•Fl a~t~n } 1 1 i' e 1 t r } , aF , 'it~~~41t JD3aS" F ti,•r 5'~+^ .S J is , < r rA Jr, +,tt•Y r ' ~'~~+J't C!'ta,It~`3A a r~i ' IC ° ~DC,P I ~ r ft tip r. ~f ft5^. ,d,.l J ~ ny 1 i} \..111 ~ ,,.n 5j +'JY r •,r f;t> ~ a ' ~ ~ • ~ 1 It of • T lrr~ • r. `i y_f f I G 1~, : 1 1 r f t 1~ \ },IC A J Ty Y1~~ i f.~• C ti ~La. ~.(~IT 3 v r w I t t ,4 Y 4!5 } r ,G r' e~Y 'fti&r h. "'f .t R-t}'~t }UJ i 1 r\ 1 L a' r Y: 1 .r P3 ~ 4 yyl 1 _ J J~i~. c t r • r tl . y ; } , ~ !J d 1 L 1-w 1 L ~ ' li . ~ .r1. YD I 1111 t , -F} y t ~ t. Iq it r .+l. ~ ` JU + ~y ,ti rM1 `t. 'rM1 D ~ {T i.t rt Y~{ !X>Yu'! j~;;'` 1 ~ i i \ a t r FIGURE 7. Map of the maximum extent of snow or debris avalanches in the Bridge Road and west Lupine Drive area. Red (high hazard) and Blue (moderate hazard) zones are shown. Map was produced from aerial photography taken in 1997, thus recent construction does not appear on the map. „ 1 = 100' "-'l• SCALE. MEMORANDUM TO: Vail Town Council FROM: Bob McLaurin, Town Manager RE: Town Manager's Report DATE: July 10 2001 Town Manaaer's Schedule I will be on vacation from Friday, July 13th, until Tuesday, July 17th. Assuming no delays in our flight back in Vail, I should be back in time to attend the evening meeting on the 17th. During my absence, Steve Thompson will serve as the acting Town Manager and will be available to handle any problems and answer your questions. I will be checking my voice mail and e-mail regularly. Mary Caster will be able to contact me if you need to contact me. Donovan Park Pavilion Financinq Several months ago, the Town Council agreed to fund the $3.2 million required to design and construct the Donovan Park Pavilion from the Capital Projects Fund. We were able to do that because of the fund balance available from the Capital Projects Fund. Subsequent to this decision, the Council decided to move forward with the condemnation of "the Ruins". We offered to purchase the property prior to the commencement of condemnation proceedings, The total cost of this transaction will be based on the findings of the court (they will establish the value which we must pay when we take possession of the property.) and other transactional costs (i.e., appraisals, legal fees, etc.) will drive the cost of this acquisition significantly higher than $2,013.000. As we discussed when the Council decided to move forward with the Ruins acquisition, the fund balance is not sufficient to cover the $3.2 million required by the Pavilion and the $2+ million required to secure the Ruins property. We also discussed the necessity of alternate funding for one of these projects. The most efficient way to address this shortfall is to fund the cost of the Donovan Park Pavilion through a Certificate of Participation. As you will recall, COP's are essentially a lease/purchase arrangement whereby we essentially borrow the money for the project in mind. The collateral which would be secured as part of the COP arrangement would be the Buzzard Park employee housing units and the Community Development building. It should be noted this is a common practice and was the manner in which the Town of Avon financed its new shop facility and the manner in which the Town of Breckenridge has acquired open space. We will be preparing the necessary legal documents to provide this financing over the next few weeks so that that these funds will be in place in time to finance the construction of the pavilion. If you have questions or need additional information, please do not hesitate to contact me. TOV Communitv Picnics July 12 - Bighorn Park, hosted by Public Works/Transportation July 26 - Stephens Park, hosted by Com Dev, Library, Admin. Aug. 12 - Ford Park Rescue Rangers, hosted by Police/Fire UPCOMING ITEMS: July 17th Work Session Development Review Fees Ski Storage in Lionshead Lionshead View Corridors Discussion of Ordinance re: Gateway Building Discussion of Ordinance re: Home Day Care Juiv 17th Evenina Meetinq, Ord. # Supplemental Ordinance, 1St reading Ord. # , Gateway SDD #21, 1St reading Ord. # , Home Day Care, 1St reading Donovan Park - Approval of General Contractor Juiv 24th Work Session Neighborhood Picnic - Bighorn Park Review Uniform Building & Fire Code Bavarian Theme Discussion Monthly Meeting Schedule Discussion 1-70 Noise Mitigation DRB/PEC Report 100 E. M eadow Drive, Suite 34 T YA 1 L VA L L E Y Vail, Colorado 81657 ISM & CONVENTION www.visitvailvalley.com BUREAU July 5, 2001 Dear Town Council: I am writing to update you on the results of our trip to Sort, Spain to bid on the 2003 World Kayak Championships. As I'm sure many of you have already heard, our bid was unsuccessful and the 2003 Worlds will be held in Graz, Austria. The decision on the host site came down to the water feature and water levels. In essence, Graz won the bid because they could offer a river that had ten times the flow of Gore Creek with guaranteed flows and a very powerful water feature. It is in my professional opinion that we would have been a "shoe-in" if our improvements were completed prior to the submittal of the bid. Our "boutique river" has the potential to have a big- time feature. We just have to build it, before they will come. We received tremendous feedback with the professionalism of our bid, organization and media package. I am very pleased with the exposure we received and I am very confident that we have put Vail on the International Whitewater map. Our efforts in Spain will only help in taking our existing whitewater event to a next level. I would encourage the community to move forward with the fine-tuning of the water park this coming fall. The recommended adjustments would give us a world-class venue that offers a legitimate venue to compliment our top of the line organization, media and spectator package. We have the commitments from a majority of the professional athletes and manufactures in the sport to make Vail an International icon event if we can fine-tune the venue. In fact, we were approached by the former Men's World Champion and the Women's Bronze medal winner about possibly relocating to Vail because of what we are doing in our community. As a side-note, our work is already paying off as can be seen by a five-minute segment on CNN yesterday morning highlighting Vail as a hot spot of what young adults are doing. CNN featured kayaking in and around Vail as a hot sport for young adults. Thank you for your support of our bid. I have attached some of the materials we handed out to the athletes to give you an idea of our pitch. Best regards Jo . Heath ice President Group Sales Reservations Visitor Services Business Office 1-800-775-8245 1-800-525-3875 (970) 479-1014 (970) 476-1000 FAX (970) 479-2364 FAX (970) 476-6008 FAX (970) 479-7162 FAX (970) 476-6008 JUL-10-2001 TUE 04:01 PM THE GOLDEN BEAR ADMIN 9704797509 P. 02 THE SYM601, OF VAIL VALLEY'"' THE (;(.)I,DF.N BEAR Vail Town Council Members July 10, 2001 Town of Vail Vail, Colorado 51657 Dcar Town Council Members: As I am unable to attend the Council meeting this evening, I have put my thoughts regarding this past Fourth of July in writing. This year was the first time I have attended the parade in six years. Prior to that time, I was present every year. It was a great feeling to be back in town for the July 4`" celebration to see and experience the small town pride, sense of community and high energy that filled the town. It truly warmed my heart. It reminded me of the reasons I moved here twenty years ago including a sense of c.,,,..,iunity, a zest for life, and a breath-taking alpine em 14.,,,ment. Too often, we focus on what's not right and forget to notice what -is right. We have a lot going well in Vail. We just need to pay attention and keep moving forward in a positive direction. In regard to the newly adopted underage curfew, as a business owner and manager, I support this. I. believe that public safety should be on the forefront of our minds and goals for our town. I'm quite sure that it was this goal that motivated the town and the council to move in the direction they chose imposing strict curfews for underaged guests and residents. Although the goal is a good one, I believe the message could have been delivered in a more palatable manner. The feedback we received from our clientele was that they understood the safety issues but they felt unwelcome. The a„A.AA.Aents we heard stated that the advertising associated with the curfew left people with a very negative feeling. Some parents c.,.,.,,,ented that their teenage children stayed home for the holiday. Again, our clientele understood the public safety concerns, but they were offended by the message. In reviewing our sales figures for the one week period encompassing July 0, I found that our numbers were off considerably from last July. However, last July, 2000 out sales figures had jumped 40% over July of 1999. This year's numbers are actually significantly ahead of a typical July with the exception of July 2000. Though I would guess that there was some negative i...ract to sales during this period this year, the impact to our business overall was not significant. In summary, our sales for the holiday week are where we would expect them to be for a typical July. We believe in the effort put forth by the Town of Vail, the Vail Town Council and the Vail Police Department to ensure public safety. We support their efforts and would recommend that a marketing strategy be developed to put a positive tone to the message. I know that this will be a challenge and I'm not sure how we get there, but I would be happy to participate to help achieve this goal. I know that everyone wants our guests to feel welcome and with a little collaborative effort, I believe it is achievable. 1lhank you for your time. P Bes Wffear ame a VAII. • 284 INIDGh 5 rwa:i• • VAIL, C.C11. 14A110 81 6.57 970hVii-4082 1i 1SAV1:R C:RII.t:K • V1UAC1: HM I., u 106 . hI:AVI'P C.KFIX, CO 1{ 162(1. 970/44 15.7R9 1 1) %W, c.,. ]I.1) .%/All ("/V MUAW%N Ik97 + t)7f1/d'/h."IS 19 JUL-10-2001 TUE 04;01 PM THE GOLDEN BEAR ADMIN 9704797509 P. 02 THE SYMB01, OF VAIL VALLEY" THE C OIXIFN BEAT: Vail Town Council Members July 10, 2001 Town of Vail Vail, Colorado 81657 Dear Town Council Members: As I am unable to attend the Council meeting this evening, I have put my thoughts regarding this past Fourth of July in, writing. This year was the first time I have attended the parade in six years. Prior to that time, I was present every year. It was a great feeling to be back in town for the July 4`h celebration to see and experience the small town pride:, sense of community and high energy that filled the town. It truly warned my heart. It reminded me of the reasons I moved here twenty years ago including a sense of community, a zest for life, and a breath-taldng alpine environment. Too often, we focus on what's not right and forget to notice what -is right. We have a lot going well in Vail. We just need to pay attention and keep moving forward in a positive direction. Tn regard to the newly adopted underage curfew, as a'business owner and manager, I support this. I believe that public safety should be on the forefront of our minds and goals for our town. I'm quite slue that it was this goal that motivated the town and the council to move in the direction they chose imposing strict curfews for underaged guests and residents. Although the goal is a good one, I believe the message could have been delivered in a more palatable manner. The feedback we received from our clientele was that they understood the safety issues but they felt unwelcome. The cu."Lients we heard stated that the advertising associated with the curfew left people with a very negative feeling. Some parents commented that their teenage children stayed home for the holiday. Again, our clientele understood the public safety concerns, but they were offended by the message. In reviewing our sales figures for the one week period encompassing July 40', I found that our numbers were off considerably from last July. However, last July, 2000 our sales figures had jumped 40% over July of 1999. This year's numbers are actually significantly ahead of a typical July with the exception of July 2000. Though I would guess that there was some negative impact to sales during this period this year, the impact to our business overall was not significant. In summary, our sales for the holiday week are where we would expect them to be for a typical July. We believe in the effort put forth by the Town of Vail, the Vail Town Council and the Vail Police Department to ensure public safety. We support their efforts and would recommend that a marketing strategy be developed to put a positive tone to the message. I know that this will be a challenge and I'm not sure how we get there, but 1 would be happy to participate to help achieve this goal. I know that everyone wants our guests to feel welcome and with a little collaborative effort, I believe it is achievable. 'Thank you for your time. ps Ks am.e a fe r VAIL • 286 IiRlvcl. S rrel:r • VAIL, C CIJ,(lRAIM A 1657 970/aY6.4bR2 li AVER C:RI'.I':h • VILLACf HAI 1., 11I06 • 111MI?R C:uITK, CO x R, 20 • 970/S•1:i••YR8 I OFUUT/C ATAIIW111- • N4'R ;nlil'l I IlRONTAC11 IZOAII WI.51' St I IT11 302 • VAlf,. C OLORAWI A lei 57 + 1170/1'/6-7513 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: July 10, 2001 FORUM: Town Council Worksession, Executive Session SUBJECT: Determination of Town Council interest in purchasing or acquiring conservation easements on Lots 8, 10, & 11, Bighorn Subdivision, Second Addition SUMMARY Lots 8, 10, & 11, Bighorn Subdivision, Second Addition are referred to as Parcel 40 in the'Comprehensive Open Lands Plan. Parcel 40 is identified as a high priority for acquisition because it could provide access to a potential South Trail and is located in a geologically sensitive area. The Community Development Department has received a proposal to consolidate Lots 11 & 12. Another proposal has been received to resubdivide Lots 8, 9, & 10. Both of these proposals were reviewed by the Planning and Environmental Commission on June 25, 2001. A final review of both minor subdivision requests is scheduled for July 23, 2001. Prior to a final decision by the PEC, staff would like to determine whether or not the Town Council has an interest in purchasing or acquiring conservation easements upon any of the subject properties. The applicants' representative has informed staff that the owners of Lots 8, 9, & 10 may be amenable to the Town of Vail acquiring a conservation or environmental easement across the red hazard avalanche areas on these lots. The option to purchase the lots in their entirety or in part has not been discussed with the present owners. This may not be an option that the Town Council would like to pursue only because the red hazard avalanche designation makes a large portion of the lots unbuildable due to the Town's hazard regulations. DESCRIPTION OF THE MINOR SUBDIVISION REQUESTS The applicants, June Frazier and Jeff Dahl, represented by Steve Riden, have submitted an application to the Town of Vail Community Development Department for a minor subdivision of Lots 8, 9, and 10, Bighorn Subdivision, Second Addition. The request is for the reconfiguration of the property lines shared by these three lots. Currently, Lot 8 is 0.87 Acres in size, Lot 9 is 0.34 Acres in size, and Lot 10 is 0.30 Acres in size. With a resubdivision of these lots, Lot 8 would be 0.825 Acres in size, Lot 9 would be 0.372 Acres in size, and Lot 10 would be 0.367 Acres in size. The total area under consideration is 1.56 Acres. There are currently no development proposals for any of the lots. However, staff anticipates that these would be forthcoming if the minor subdivision is approved. The applicant, Gary Weiss, represented by Steve Riden, has submitted an application to the Town of Vail Community Development Department for a minor subdivision of Lots 11 and 12, Bighorn Subdivision, Second Addition. The request is for these two lots to be consolidated. Currently, Lot 11 is 2.23 Acres in size and Lot 12 is 0.71 Acres in size. The total area under consideration is 2.94 Acres. The creation of a single lot would be accomplished by vacating the existing property line between Lots 11 and 12. In conjunction with the minor subdivision request, the applicant is proposing to construct an addition to the existing single family residence located on Lot 12. TOW*VAMIL v BACKGROUND The Bighorn Subdivision, Second Addition was platted on July 22, 1963. The Board of County Commissioners of Eagle County approved the platting as the property was then under Eagle County jurisdiction. Lots 8-12 have remained in the current configuration since being platted. The Bighorn Subdivision, Second Addition was annexed into the Town of Vail pursuant to Ordinances 13 & 20, Series of 1974. The annexation became effective on November 5, 1974. Upon annexation into the Town of Vail, Lots 8-12 were zoned Two Family Primary/Secondary Residential. At the time of annexation, residential structures existed on Lots 9 & 12, and Lots 8, 10, & 11 were vacant. In 1976, the Town of Vail contracted with Arthur I. Mears to complete a Geologically Sensitive Areas Study. For purposes of the study, geologically sensitive areas were defined as snow avalanche, rock fall and debris flow. In response to the findings of Mr. Mears' study, the Town of Vail adopted Geologic Hazard Maps for snow avalanche, rock fall and debris flow as components of the Town of Vail Comprehensive Plan. The maps were adopted by the Town in 1977. In 1978, the Town of Vail adopted Hazard Regulations. The purpose of the regulations is to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes, and geologically sensitive areas; to regulate the use of land areas which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associated with flood plains, avalanche areas and areas of geologic sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche paths and areas of geologic sensitivity exist', and to promote the general public health, safety and welfare. In 1986, the Vail Town Council adopted the Town of Vail Land Use Plan, Like the Geologic Hazard Maps, the Land Use Plan is a component of the Town of Vail Comprehensive Plan. According to the Land Use Plan, Lots 8-12 are designated "low density residential". The purpose of the low-density residential designation is to provide sites for single-family detached homes and two-family dwelling units. Density of development with in this category would typically not exceed 3 structures per buildable acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools, and club . houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. In 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The objectives of the plan are: To identify citizen and visitor needs and preferences for a comprehensive system of open space uses such as parks, recreation, protection of environmental resources, trails, and to reserve lands for public use; ¦ To prioritize available open lands for acquisition or protection; ¦ To identify creative strategies to implement the acquisition and protection program; ¦ To define a management system to appropriately manage Town-owned open space lands, and; ¦ To buffer neighborhoods with open space. The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of land that require some kind of action either for protection of sensitive lands, for trail easements, or for public use. In developing the plan, over 350 parcels were evaluated with 51 parcels on which actions were recommended. The recommendations were developed utilizing specific criteria to evaluate the areas of highest priority. Generally, areas received the highest priority if they met the stated objectives of the Town and its citizens and were an integral part of the open lands system. Within the 51 parcels, there are five priority areas made up of a number of recommended actions. These priorities are: 2 ¦ Protect sensitive natural habitat areas, riparian areas, and hazard areas; • Extend the Vail Trail to East Vail and add several trailheads to access the trail; ¦ Add a new trail on the north side and western half of Town to connect existing trailheads and neighborhoods; ¦ Add three "trailheads" in the core areas to access Vail Mountain trails and inform visitors of trail opportunities and provide better access to Gore Creek; ¦ Add bike lanes to the north and south frontage roads and add paved shoulders to Vail Valley Drive. To date, the Town of Vail has taken action on at least 41 of the 51 parcels identified for action in the Plan. This most recently includes Lot 16 of Bighorn Subdivision, 2nd Addition. The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lots 8, 10, and 11, Bighorn Subdivision, Second Addition as "Parcel 40" for implementation purposes. Parcel 40 is classified as a "High Priority". The high priority classification is based upon the Town's desire to acquire both the development rights and trail easements for the proposed South Trail extension. However, in September of 1999, Town staff worked with a former U.S. Forest Service trail construction supervisor to determine the feasibility of constructing the South Trail from the East Vail water tank to Mill Creek and the Vail ski area. As a result of this study, the following problematic issues were determined: 1) Cliffbands and steep grades along the proposed route make access to the trail from most East Vail neighborhoods difficult and/or dangerous. Access points along the trail would be limited to the East Vail water tank and portions of the Vail Trail adjacent to Golden Peak. 2) The pending White River National Forest Management Plan revisions change management direction in the area from "Backcountry Recreation, Non-Motorized" to "Forest Carnivore." Therefore, the U.S. Forest Service may not permit the construction of a new recreation trail under this designation. The plan also notes that Parcel 40 is located in a geologically sensitive area. Strategies for protecting Parcel 40 include purchasing the development rights, and/or acquiring an access easement through the parcel. As a high priority classification, Parcel 40 meets both Level One and Level Two Evaluation criteria. Level One Evaluation focuses on meeting community needs relating to the natural resource system, the recreation system, trails system, and reserving lands for future civic/public uses. Level Two Evaluation focuses on the availability of the parcel utilizing criteria such as the threat of development or irreversible damage, opportunities to leverage other funds, cost, unusual opportunity with a motivated seller, opportunity for trade with the USFS, low management requirements on the Town of Vail and low liability to the Town. The Town of Vail Zoning Code prescribes the land development regulations for development within the Town. The following code sections are particularly relevant to the evaluation of the applicant's proposal: ¦ Chapter 6 - Two-Family Primary/Secondary Residential ¦ Chapter 21 - Hazard Regulations The purpose statement of Chapter 6 (Article D. Two-Family Primary/Secondary Residential (PS) District) states: .The Two-Family Primary/Secondary Residential District is intended to provide sites for single-family residential' uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may approperiately be located in the same district. The Two- Family Primary/Secondary Residential District is intended to ensure adequate light, air, 3 privacy and open space for each dwelling, commensurate with single-family and two- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. " To date, there are no structures on Lots 8, 10, or 11. This is due to the prevalence of geologic hazards on these lots including avalanche and rockfall (see Figures 6 & 7 attached). Development has been proposed on Lot 11 in the past. However, due to the difficulties presented by geological hazards and steep slopes, development has never occurred on the site. There are three geologic hazard analysis reports in the legal file for Lot 11. Each report identifies geologic hazards on the site including high severity rock fall, debris flow, and snow avalanche. There are varying opinions as to whether Lot 11 is located in a moderate or high hazard avalanche area. However, in a recent study of Lots 8, 10, & 12, Arthur Mears identifies an area of Red Hazard avalanche that clearly impacts Lot 11. Figures 6 & 7 have been attached for reference. All three of the reports suggest possible and potential hazard mitigation measures; earth-built structures, locational siting of the structure, boulder barriers, a rear concrete foundation wall protruding at least six feet above finished grade and "splitting wedges`'. However, no construction is permitted in a Red Hazard Avalanche area so these building techniques would not be applicable. According to the Hazard Regulations (Section 12-21-10): A. No structure shall be built in any flood hazard zone or red avalanche hazard areas. No structure shall be built on a slope of forty percent or greater except in Single-Family Residential, Two-Family Residential, or Two-Family Primary/Secondary Residential Zone Districts. The term "structure" as used in this Section does not include recreational structures that are intended for seasonal use, not including residential use. 8. Structures may be built in blue avalanche hazard areas provided that proper mitigating measures have been taken. C. The Administrator may require any applicant or person desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build if the Town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The requirement for additional information and study shall be done in accordance with Chapter 12 of this Title. D. The Administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate against the possible hazard. If mitigation is required, said information and report should specify the improvements proposed therefore. The required information and reports shall be done in accordance with Chapter 12 of this Title. 4 III. ZONING ANALYSIS LOT 8, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-family Primary/Secondary Residential (PS) Existing Lot Size 0.87 Acres (37,888 sf) Proposed Lot Size 0.825 Acres (35,937 sf) Standard Allowed Existina Proposed Density: 2 DUs + 1 EHU 0 2 DUs + 1 EHU GRFA: 6,889 sf 0 sf 6,694 sf Site Coverage: 7,578 sf 0 sf 7,187 sf Setbacks:. Front -20 ft. n/a 20 ft. Sides-15 ft. n/a 15 ft. Rear- 15ft. n/a 15ft. Landscaping: 22,733 sf undeveloped 21,562 Building Height: 33' max undeveloped 33' max a i 5j x, .+27yr~~.'I.j '1^ 6y ti+.; ~ 3 - - rd=`s ~xx5 LOT 9, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.34 Acres (14,941 sf) Proposed Lot Size 0.372 Acres (16,204 sf) Currently Proposed Standard Allowed Existina Allowed Density: 1 DU + 1 EHU 1 DU 2 DUs + 1 EHU GRFA: 4,160 sf (+250) 4,720 sf (+250) Site Coverage: 2,988 sf 3,241 sf Setbacks: Front -20 ft. 20 ft Sides-15 ft. 15 ft Rear- 15ft. 15 ft Landscaping: 8,956 sf 9,722 sf Building Height: 33' max 33' max "The existing development statistics for Lot 9 are not known. r 1r 6 LOT 10, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.30 Acres (12,898 sf) Proposed Lot Size 0.367 Acres (15,986 sf) Currently Proposed Standard Allowed Existino Allowed Density: 1 DU + 1 EHU 2 DUs + 1 EHU GRFA: 3,650 sf 4,697 sf Site Coverage: 2,580 sf 3,197 sf Setbacks: Front -20 ft. 20 ft Sides-15 ft. 15 ft Rear- 15ft. 15 ft Landscaping: 7,739 sf 9,592 sf Building Height: 33' max 33' max *Lot 10 is an undeveloped lot. { fit: r i it 5,'_, aS'. {!!T lei IY ~ . ~c'! A. - PPS, .f~.r 1t Own. v ~ . r. 7 LOT 11, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-family Primary/Secondary Residential (PS) Existing Lot Size 2.23 Acres (97,139 sf) Proposed Lot Size to be eliminated Standard Allowed Existina Proposed Density: 2 DUs + 1 EHU * n/a GRFA: 9,457 sf n/a Site Coverage: 19,428 sf * n/a Setbacks: Front -20 ft. * n/a Sides-15 ft. * n/a Rear- 15ft. * n/a Landscaping: 58,283 sf * n/a Building Height: 33' max * n/a *Lot 11 is an undeveloped lot. - p c, Y'' fi' a~.~ f•. ¢.-„'tali-,• -c ~ t f _ Q '3 ~ n ~ i 8 LOT 12, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.71 Acres (30,928 sf) Proposed Lot Size 2.94 Acres (128,066 sf) Currently Proposed Proposed Standard Allowed Existina Allowed construction Density: 2 DUs + 1 EHU 1 DU 2 DUs + 1 EHU 1 DU GRFA: 6,146 sf (+250) 3,350 sf 11,003 sf 6,421 sf Site Coverage: 6,185 sf 1,378 sf 25,613 sf 2,935 sf Setbacks: Front -20 ft. 22.5 ft 20 ft 22.5 ft Sides-15 ft. 63 ft/17.5 ft 15 ft 17.5 ft/17.5 ft Rear- 15ft. 16 ft* 15 ft 16 ft* Landscaping: 18,557 sf 28,769 sf 76,840 sf 124,385 sf** Building Height: 33' max 31' 33' max 31' *The roof of the existing structure encroaches 1.5 ft more than is acceptable into a required setback. This is a legally non-conforming situation. **Includes natural areas not to be disturbed by construction. ~r init. r +•~_"Ry d`r ~ r ~~rt 3 S -S d ~'Rl ~ r ~ 33.'..v..~ ~ .s ,F ,.gar, r, t- 9 Vicinity Map Lots 8, 9 & 10, Bighorn Subdivision, Second Addition 5 F 3796 THE EDGES 4 E ~G~ 3891 3797 p 6 5 '391,1 3 3786 2 3807 3901 7 C i 3 2 3776 3827 3921 . i PITKIN CREEK PARK '3 1 ~y 94 ~':ii7 ..73iiEi~'~ ``i`ii: . 3847 5 6 3931 ' 4 t 5 q 13 3877 A {6 0 4 11 3846 ~d 3887 #f:r, 7 Yp 7 14A 3971 5B .3944 11 12 14B 3887 \ 6 3834 3838 3954 3876 4 5 3897 {'`''"%r 3964 4 3974 15 16 3 3 3880 3896 3907 3984 Y<:: 2 3994 3947 r: 4014 3947 'k 4030 3916 "`'%r. 4034 M3916 G1,r~ 3967 1A t,.;;„r. x 3977 4 8 / r''°3 A 1 Vicinity Map Lots 11 & 12, Bighorn Subdivision, Second Addition 3796 THE EDGES 3891 E G~ 3797 D 6 '3911 3 3786 2 . 3807 390 7 2 T~c l 3 3776 " y 3921 3827 PITKIN CREEK 8 PARK 4 7 3816 9 341 3847 <::>::::•.; 3826 zs:: 5 6 3931 3828 13 3877 5A ` % •.6 40111 3846 ~d 3887 ~7\. 14A 3 971 ; 3944 56 z3 3887 •:sss:. 6 3954 3876 4 5 3964 3897 4 3974 16 15 3 3 3880 3896- i 3984 390 7 2 3994 2B 3947 4014 5 2A IA, 3916 3947 4030 5-A B 4034 3916 3967 4 dp 3977 j{'%:: <f{ 8 J: N t k x P 3 `C V *x ~t frj'~fM{~` ! 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V'= 100' r OW MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: July 10, 2001 FORUM: Town Council Worksession, Executive Session SUBJECT: Determination of Town Council interest in purchasing or acquiring conservation easements on Lots 8, 10, & 11, Bighorn Subdivision, Second Addition, SUMMARY Lots 8, 10, & 11, Bighorn Subdivision, Second Addition are referred to as Parcel 40 in the Comprehensive Open Lands Plan. Parcel 40 is identified as a high priority for acquisition because it could provide access to a potential South Trail and is located in a geologically sensitive area. The Community Development Department has received a proposal to consolidate Lots 11 & 12. Another proposal has been received to resubdivide Lots 8, 9, & 10. Both of these proposals were reviewed by the Planning and Environmental Commission on June 25, 2001. A final review of both minor subdivision requests is scheduled for July 23, 2001. Prior to a final decision by the PEC, staff would like to determine whether or not the Town Council has an interest in purchasing or acquiring conservation easements upon any of the subject properties. The applicants' representative has informed staff that the owners of Lots 8, 9, & 10 may be amenable to the Town of Vail acquiring a conservation or environmental easement across the red hazard avalanche areas on these lots. The option to purchase the lots in their entirety or in part has not been discussed with the present owners. This may not be an option that the Town Council would like to pursue only because the red hazard avalanche designation makes a large portion of the lots unbuildable due to the Town's hazard regulations. DESCRIPTION OF THE MINOR SUBDIVISION REQUESTS The applicants, June Frazier and Jeff Dahl, represented by Steve Riden, have submitted an application to the Town of Vail Community Development Department for a minor subdivision of Lots 8, 9, and 10, Bighorn Subdivision, Second Addition. The request is for the reconfiguration of the property lines shared by these three lots. Currently, Lot 8 is 0.87 Acres in size, Lot 9 is 0.34 Acres in size, and Lot 10 is 0.30 Acres in size. With a resubdivision of these lots, Lot 8 would be 0.825 Acres in size, Lot 9 would be 0.372 Acres in size, and Lot 10 would be 0.367 Acres in size. The total area under consideration is 1.56 Acres. There are currently no development proposals for any of the lots. However, staff anticipates that these would be forthcoming if the minor subdivision is approved. The applicant, Gary Weiss, represented by Steve Riden, has submitted an application to the Town of Vail Community Development Department for a minor subdivision of Lots 11 and 12, Bighorn Subdivision, Second Addition. The request is for these two lots to be consolidated. Currently, Lot 11 is 2.23 Acres in size and Lot 12 is 0.71 Acres in size. The total area under consideration is 2.94 Acres. The creation of a single lot would be accomplished by vacating the existing property line between Lots 11 and 12. In conjunction with the minor subdivision request, the applicant is proposing to construct an addition to the existing single family residence located on Lot 12. TOW*VAIL BACKGROUND The Bighorn Subdivision, Second Addition was platted on July 22, 1963. The Board of County Commissioners of Eagle County approved the platting as the property was then under Eagle County jurisdiction. Lots 8-12 have remained in the current configuration since being platted. The Bighorn Subdivision, Second Addition was annexed into the Town of Vail pursuant to Ordinances 13 & 20, Series of 1974. The annexation became effective on November 5, 1974. Upon annexation into the Town of Vail, Lots 8-12 were zoned Two Family Primary/Secondary Residential. At the time of annexation, residential structures existed on Lots 9 & 12, and Lots 8, 10, & 11 were vacant. In 1976, the Town of Vail contracted with Arthur I. Mears to complete a Geologically Sensitive Areas Study. For purposes of the study, geologically sensitive areas were defined as snow avalanche, rock fall and debris flow. In response to the findings of Mr. Mears' study, the Town of Vail adopted Geologic Hazard Maps for snow avalanche, rock fall and debris flow as components of the Town of Vail Comprehensive Plan. The maps were adopted by the Town in 1977. In 1978, the Town of Vail adopted Hazard Regulations. The purpose of the regulations is to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes, and geologically sensitive areas; to regulate the use of land areas which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associated with flood plains, avalanche areas and areas of geologic sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche paths and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. In 1986, the Vail Town Council adopted the Town of Vail Land Use Plan. Like the Geologic Hazard Maps, the Land Use Plan is a component of the Town of Vail Comprehensive Plan. According to the Land Use Plan, Lots 8-12 are designated "low density residential". The purpose of the low-density residential designation is to provide sites for single-family detached homes and two-family dwelling units. Density of development with in this category would typically not exceed 3 structures per buildable acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools, and club houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. In 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The objectives of the plan are: ¦ To identify citizen and visitor needs and preferences for a comprehensive system of open space uses such as parks, recreation, protection of environmental resources, trails, and to reserve lands for public use; ¦ To prioritize available open lands for acquisition or protection; ¦ To identify creative strategies to implement the acquisition and protection program; • To define a management system to appropriately manage Town-owned open space lands, and; ¦ To buffer neighborhoods with open space. The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of land that require some kind of action either for protection of sensitive lands, for trail easements, or for public use. In developing the plan, over 350 parcels were evaluated with 51 parcels on which actions were recommended. The recommendations were developed utilizing specific criteria to evaluate the areas of highest priority. Generally, areas received the highest priority if they met the stated objectives of the Town and its citizens and were an integral part of the open lands system. Within the 51 parcels, there are five priority areas made up of a number of recommended actions. These priorities are: 2 ¦ Protect sensitive natural habitat areas, riparian areas, and hazard areas; ¦ Extend the Vail Trail to East Vail and add several trailheads to access the trail; ¦ Add a new trail on the north side and western half of Town to connect existing trailheads and neighborhoods; ¦ Add three "trailheads" in the core areas to access Vail Mountain trails and inform visitors of trail opportunities and provide better access to Gore Creek; ¦ Add bike lanes to the north and south frontage roads and add paved shoulders to Vail Valley Drive. To date, the Town of Vail has taken action on at least 41 of the 51 parcels identified for action in the Plan. This most recently includes Lot 16 of Bighorn Subdivision, 2"d Addition. The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lots 8, 10, and 11, Bighorn Subdivision, Second Addition as "Parcel 40" for implementation purposes. Parcel 40 is classified as a "High Priority". The high priority classification is based upon the Town's desire to acquire both the development rights and trail easements for the proposed South Trail extension. However, in September of 1999, Town staff worked with a former U.S. Forest Service trail construction supervisor to determine the feasibility of constructing the South Trail from the East Vail water tank to Mill Creek and the Vail ski area. As a result of this study, the following problematic issues were determined: 1) Cliffbands and steep grades along the proposed route make access to the trail from most East Vail neighborhoods difficult and/or dangerous. Access points along the trail would be limited to the East Vail water tank and portions of the Vail Trail adjacent to Golden Peak. 2) The pending White River National Forest Management Plan revisions change management direction in the area from "Backcountry Recreation, Non-Motorized" to "Forest Carnivore." Therefore, the U.S. Forest Service may not permit the construction of a new recreation trail under this designation. The plan also notes that Parcel 40 is located in a geologically sensitive area. Strategies for protecting Parcel 40 include purchasing the development rights, and/or acquiring an access easement through the parcel. As a high priority classification, Parcel 40 meets both Level One and Level Two Evaluation criteria. Level One Evaluation focuses on meeting community needs relating to the natural resource system, the recreation system, trails system, and reserving lands for future civic/public uses. Level Two Evaluation focuses on the availability of the parcel utilizing criteria such as the threat of development or irreversible damage, opportunities to leverage other funds, cost, unusual opportunity with a motivated seller, opportunity for trade with the USFS, low management requirements on the Town of Vail and low liability to the Town. The Town of Vail Zoning Code prescribes the land development regulations for development within the Town. The following code sections are particularly relevant to the evaluation of the applicant's proposal: • Chapter 6 - Two-Family Primary/Secondary Residential ¦ Chapter 21 - Hazard Regulations The purpose statement of Chapter 6 (Article D. Two-Family Primary/Secondary Residential (PS) District) states: .The Two-Family Primary/Secondary Residential District is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may approperiately be located in the same district. The Two- Family Primary/Secondary Residential District is intended to ensure adequate light, air, 3 privacy and open space for each dwelling, commensurate with single-family and two- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards." To date, there are no structures on Lots 8, 10, or 11. This is due to the prevalence of geologic hazards on these lots including avalanche and rockfall (see Figures 6 & 7 attached). Development has been proposed on Lot 11 in the past. However, due to the difficulties presented by geological hazards and steep slopes, development has never occurred on the site. There are three geologic hazard analysis reports in the legal file for Lot 11. Each report identifies geologic hazards on the site including high severity rock fall, debris flow, and snow avalanche. There are varying opinions as to whether Lot 11 is located in a moderate or high hazard avalanche area. However, in a recent study of Lots 8, 10, & 12, Arthur Mears identifies an area of Red Hazard avalanche that clearly impacts Lot 11. Figures 6 & 7 have been attached for reference. All three of the reports suggest possible and potential hazard mitigation measures; earth-built structures, locational siting of the structure, boulder barriers, a rear concrete foundation wall protruding at least six feet above finished grade and "splitting wedges". However, no construction is permitted in a Red Hazard Avalanche area so these building techniques would not be applicable. According to the Hazard Regulations (Section 12-21-10): A. No structure shall be built in any flood hazard zone or red avalanche hazard areas. No structure shall be built on a slope of forty percent or greater except in Single-Family Residential, Two-Family Residential, or Two-Family Primary/Secondary Residential Zone Districts. The term "structure" as used in this Section does not include recreational structures that are intended for seasonal use, not including residential use. 8. Structures may be built in blue avalanche hazard areas provided that proper mitigating measures have been taken. C. The Administrator may require any applicant or person desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build if the Town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The requirement for additional information and study shall be done in accordance with Chapter 12 of this Title. D. The Administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate against the possible hazard. If mitigation is required, said information and report should specify the improvements proposed therefore. The required information and reports shall be done in accordance with Chapter 12 of this Title. 4 III. ZONING ANALYSIS LOT 8, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-family Primary/Secondary Residential (PS) Existing Lot Size 0.87 Acres (37,888 so Proposed Lot Size 0.825 Acres (35,937 sf) Standard Allowed Existina Proposed Density: 2 DUs + 1 EHU 0 2 DUs + 1 EHU GRFA: 6,889 sf 0 sf 6,694 sf Site Coverage: 7,578 sf 0 sf 7,187 sf Setbacks:. Front -20 ft. n/a 20 ft. Sides-15 ft. n/a 15 ft. Rear- 15ft. n/a 15ft. Landscaping: 22,733 sf undeveloped 21,562 Building Height: 33' max undeveloped 33 max 1 f~ t{ 5 LOT 9, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.34 Acres (14,941 sf) Proposed Lot Size 0.372 Acres (16,204 sf) Currently Proposed Standard Allowed Existino Allowed Density: 1 DU + 1 EHU 1 DU 2 DUs + 1 EHU GRFA: 4,160 sf (+250) " 4,720 sf (+250) Site Coverage: 2,988 sf 3,241 sf Setbacks: Front -20 ft. 20 ft Sides-15 ft. 15 ft Rear- 15ft. 15 ft Landscaping: 8,956 sf 9,722 sf Building Height: 33' max 33' max *The existing development statistics for Lot 9 are not known. k~ e tk~ 2yy Ts- £ r f r r ~ , - _ :.1 t -ELI 6 LOT 10, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.30 Acres (12,898 sf) Proposed Lot Size 0.367 Acres (15,986 sf) Currently Proposed Standard Allowed Existino Allowed Density: 1 DU + 1 EHU 2 DUs + 1 EHU GRFA: 3,650 sf 4,697 sf Site Coverage: 2,580 sf 3,197 sf Setbacks: Front -20 ft. 20 ft Sides-15 ft. 15 ft Rear- 15ft. 15 ft Landscaping: 7,739 sf 9,592 sf Building Height: 33' max 33 max *Lot 10 is an undeveloped lot. s II ~~i1 ~4S iJ ~II P , k Yy. (y 1 , " N*+f s yy'' f {'L Nil . X' ,a4 . , ,"y._ r4 y~..e•: } ,yp 'w`r4" ^•'FYu»X.'ps?:yr.'fA.!"ru.:., ..,_p:'.{Y',.,, " N .H 7 LOT 11, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-family Primary/Secondary Residential (PS) Existing Lot Size 2.23 Acres (97,139 sf) Proposed Lot Size to be eliminated Standard Allowed Existina Proposed Density: 2 DUs + 1 EHU n/a GRFA: 9,457 sf n/a Site Coverage: 19,428 sf n/a Setbacks: Front -20 ft. n/a Sides-15 ft. n/a Rear- 15ft. n/a Landscaping: 58,283 sf n/a Building Height: 33' max n/a "Lot 11 is an undeveloped lot. li $ } T~~y~ ~Y. alY -y k ct, V S R a. 8 LOT 12, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.71 Acres (30,928 sf) Proposed Lot Size 2.94 Acres (128,066 sf) Currently Proposed Proposed Standard Allowed Existing Allowed construction Density: 2 DUs + 1 EHU 1 DU 2 DUs +I EHU 1 DU GRFA: 6,146 sf (+250) 3,350 sf 11,003 sf 6,421 sf Site Coverage: 6,185 sf 1,378 sf 25,613 sf 2,935 sf Setbacks: Front -20 ft. 22.5 ft 20 ft 22.5 ft Sides-15 ft. 63 ft/17.5 ft 15 ft 17.5 ft/17.5 ft Rear- 15ft. 16 ft* 15 ft 16 ft* Landscaping: 18,557 sf 28,769 sf 76,840 sf 124,385 sf** Building Height: 33' max 31' 33' max 31' *The roof of the existing structure encroaches 1.5 ft more than is acceptable into a required setback. This is a legally non-conforming situation. **Includes natural areas not to be disturbed by construction. ~ ~ r=~`f~ eg~~`~` tjFi.'~'tY 'r r~ { .~``r-' ,*X, ~'~r~ i = k*~ ~ ~ s`"~a c ZrnY, J'1?"' s ~3 ~ 2 k ^ s* r y~ - ~ ! - i t ~ - T :t' - - 9 Vicinity Map Lots 8, 9 & 10, Bighorn Subdivision, Second Addition 5 F 3796 THE EDGES 4 E GC 3891 3797 D '2 6 5 ,'391.1 3 3786 2 - 3807 390' 7 2 'Q9Cl 3 3776 3827 '3921 PITKIN CREEK PARK `4 7 r,.•. 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I _ _ i {'•y` hr'.~~. . a• - I 1-' r i ,y r. lY r. v , ry~ r -'ttr 1 4 ,t'~ r :f C/ 1Jp' tj f - 4y-L ,-fit 't i ~ r,,V I- vjPr s l r I r ly H l~ ~ t r' T, k Y t Y (A 1 f3 4 ti-f C t 'i 't~ ~ n i~F r C ? 'D i f~4 vl ~ s, a r 4"'-'I } :fr I y "r t \I t~i;'S '~aT: [ ~ t t r.7 l Aga a yff''{ A•.4 Y fj* ~~'~;tl r •i', + Ft r r t' .F CO jr,. 4 K 44 t* i r FIGURE 7. Map of the maximum extent of snow or debris avalanches in the Bridge Road and west Lupine Drive area. Red (high hazard) and Blue (moderate hazard) zones are shown. Map r.r was produced from aerial photography taken in 1997, thus recent construction does not appear on the map. ADD' SCALE. V'= t r 'Y~'~sN` ~ t`~e~ yt14 % t r'1'~c fir ~ ~ ~ ~ ~ ~ ,5 ~ t...-tit./ P~~ MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: July 10, 2001 FORUM: Town Council Worksession, Executive Session SUBJECT: Determination of Town Council interest in purchasing or acquiring conservation easements on Lots 8, 10, & 11, Bighorn Subdivision, Second Addition SUMMARY Lots 8, 10, & 11, Bighorn Subdivision, Second Addition are referred to as Parcel 40 in the Comprehensive Open Lands Plan. Parcel 40 is identified as a high priority for acquisition because it could provide access to a potential South Trail and is located in a geologically sensitive area. The Community Development Department has received a proposal to consolidate Lots 11 & 12. Another proposal has been received to resubdivide Lots 8, 9, & 10. Both of these proposals were reviewed by the Planning and Environmental Commission on June 25, 2001. A final review of both minor subdivision requests is scheduled for July 23, 2001. Prior to a final decision by the PEC, staff would like to determine whether or not the Town Council has an interest in purchasing or acquiring conservation easements upon any of the subject properties. The applicants' representative has informed staff that the owners of Lots 8, 9, & 10 may be amenable to the Town of Vail acquiring a conservation or environmental easement across the red hazard avalanche areas on these lots. The option to purchase the lots in their entirety or in part has not been discussed with the present owners. This may not be an option that the Town Council would like to pursue only because the red hazard avalanche designation makes a large portion of the lots unbuildable due to the Town's hazard regulations. DESCRIPTION OF THE MINOR SUBDIVISION REQUESTS The applicants, June Frazier and Jeff Dahl, represented by Steve Riden, have submitted an application to the Town of Vail Community Development Department for a minor subdivision of Lots 8, 9, and 10, Bighorn Subdivision, Second Addition. The request is for the reconfiguration of the property lines shared by these three lots. Currently, Lot 8 is 0.87 Acres in size, Lot 9 is 0.34 Acres in size, and Lot 10 is 0.30 Acres in size. With a resubdivision of these lots, Lot 8 would be 0.825 Acres in size, Lot 9 would be 0.372 Acres in size, and Lot 10 would be 0.367 Acres in size. The total area under consideration is 1.56 Acres. There are currently no development proposals for any of the lots. However, staff anticipates that these would be forthcoming if the minor subdivision is approved. The applicant, Gary Weiss, represented by Steve Riden, has submitted an application to the Town of Vail Community Development Department for a minor subdivision of Lots 11 and 12, Bighorn Subdivision, Second Addition. The request is for these two lots to be consolidated. Currently, Lot 11 is 2.23 Acres in size and Lot 12 is 0.71 Acres in size. The total area under consideration is 2.94 Acres. The creation of a single lot would be accomplished by vacating the existing property line between Lots 11 and 12. In conjunction with the minor subdivision request, the applicant is proposing to construct an addition to the existing single family residence located on Lot 12. TOWN OF VAIL BACKGROUND The Bighorn Subdivision, Second Addition was platted on July 22, 1963. The Board of County Commissioners of Eagle County approved the platting as the property was then under Eagle County jurisdiction. Lots 8-12 have remained in the current configuration since being platted. The Bighorn Subdivision, Second Addition was annexed into the Town of Vail pursuant to Ordinances 13 & 20, Series of 1974. The annexation became effective on November 5, 1974. Upon annexation into the Town of Vail, Lots 8-12 were zoned Two Family Primary/Secondary Residential. At the time of annexation, residential structures existed on Lots 9 & 12, and Lots 8, 10, & 11 were vacant. In 1976, the Town of Vail contracted with Arthur I. Mears to complete a Geologically Sensitive Areas Study. For purposes of the study, geologically sensitive areas were defined as snow avalanche, rock fall and debris flow. In response to the findings of Mr. Mears' study, the Town of Vail adopted Geologic Hazard Maps for snow avalanche, rock fall and debris flow as components of the Town of Vail Comprehensive Plan. The maps were adopted by the Town in 1977. In 1978, the Town of Vail adopted Hazard Regulations. The purpose of the regulations is to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes, and geologically sensitive areas; to regulate the use of land areas which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associated with flood plains, avalanche areas and areas of geologic sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche paths and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. In 1986, the Vail Town Council adopted the Town of Vail Land Use Plan. Like the Geologic Hazard Maps, the Land Use Plan is a component of the Town of Vail Comprehensive Plan. According to the Land Use Plan, Lots 8-12 are designated "low density residential". The purpose of the low-density residential designation is to provide sites for single-family detached homes and two-family dwelling units. Density of development with in this category would typically not exceed 3 structures per buildable acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools, and club . houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. In 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The objectives of the plan are: ¦ To identify citizen and visitor needs and preferences for a comprehensive system of open space uses such as parks, recreation, protection of environmental resources, trails, and to reserve lands for public use; ¦ To prioritize available open lands for acquisition or protection; ¦ To identify creative strategies to implement the acquisition and protection program; ¦ To define a management system to appropriately manage Town-owned open space lands, and; ¦ To buffer neighborhoods with open space. The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of land that require some kind of action either for protection of sensitive lands, for trail easements, or for public use. In developing the plan, over 350 parcels were evaluated with 51 parcels on which actions were recommended. The recommendations were developed utilizing specific criteria to evaluate the areas of highest priority. Generally, areas received the highest priority if they met the stated objectives of the Town and its citizens and were an integral part of the open lands system. Within the 51 parcels, there are five priority areas made up of a number of recommended actions. These priorities are: 2 ¦ Protect sensitive natural habitat areas, riparian areas, and hazard areas; ¦ Extend the Vail Trail to East Vail and add several trailheads to access the trail; ¦ Add a new trail on the north side and western half of Town to connect existing trailheads and neighborhoods; ¦ Add three "trailheads" in the core areas to access Vail Mountain trails and inform visitors of trail opportunities and provide better access to Gore Creek; ¦ Add bike lanes to the north and south frontage roads and add paved shoulders to Vail Valley Drive. To date, the Town of Vail has taken action on at least 41 of the 51 parcels identified for action in the Plan. This most recently includes Lot 16 of Bighorn Subdivision, 2nd Addition. The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lots 8, 10, and 11, Bighorn Subdivision, Second Addition as "Parcel 40" for implementation purposes. Parcel 40 is classified as a "High Priority". The high priority classification is based upon the Town's desire to acquire both the development rights and trail easements for the proposed South Trail extension. However, in September of 1999, Town staff worked with a former U.S. Forest Service trail construction supervisor to determine the feasibility of constructing the South Trail from the East Vail water tank to Mill Creek and the Vail ski area. As a result of this study, the following problematic issues were determined: 1) Cliffbands and steep grades along the proposed route make access to the trail from most East Vail neighborhoods difficult and/or dangerous. Access points along the trail would be limited to the East Vail water tank and portions of the Vail Trail adjacent to Golden Peak. 2) The pending White River National Forest Management Plan revisions change management direction in the area from "Backcountry Recreation, Non-Motorized" to "Forest Carnivore." Therefore, the U.S. Forest Service may not permit the construction of a new recreation trail under this designation. The plan also notes that Parcel 40 is located in a geologically sensitive area. Strategies for protecting Parcel 40 include purchasing the development rights, and/or acquiring an access easement through the parcel. As a high priority classification, Parcel 40 meets both Level One and Level Two Evaluation criteria. Level One Evaluation focuses on meeting community needs relating, to the natural resource system, the recreation system, trails system, and reserving lands for future civic/public uses. Level Two Evaluation focuses on the availability of the parcel utilizing criteria such as the threat of development or irreversible damage, opportunities to leverage other funds, cost, unusual opportunity with a motivated seller, opportunity for trade with the USFS, low management requirements on the Town of Vail and low liability to the Town. The Town of Vail Zoning Code prescribes the land development regulations for development within the Town. The following code sections are particularly relevant to the evaluation of the applicant's proposal: • Chapter 6 - Two-Family Primary/Secondary Residential ¦ Chapter 21 - Hazard Regulations The purpose statement of Chapter 6 (Article D. Two-Family Primary/Secondary Residential (PS) District) states: "The Two-Family Primary/Secondary Residential District is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may approperiately be located in the same district. The Two- Family Primary/Secondary Residential District is intended to ensure adequate light, air, 3 privacy and open space for each dwelling, commensurate with single-family and two- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards." To date, there are no structures on Lots 8, 10, or 11. This is due to the prevalence of geologic hazards on these lots including avalanche and rockfall (see Figures 6 & 7 attached). Development has been proposed on Lot 11 in the past. However, due to the difficulties presented by geological hazards and steep slopes, development has never occurred on the site. There are three geologic hazard analysis reports in the legal file for Lot 11. Each report identifies geologic hazards on the site including high severity rock fall, debris flow, and snow avalanche. There are varying opinions as to whether Lot 11 is located in a moderate or high hazard avalanche area. However, in a recent study of Lots 8, 10, & 12, Arthur Mears identifies an area of Red Hazard avalanche that clearly impacts Lot 11. Figures 6 & 7 have been attached for reference. All three of the reports suggest possible and potential hazard mitigation measures; earth-built structures, locational siting of the structure, boulder barriers, a rear concrete foundation wall protruding at least six feet above finished grade and "splitting wedges". However, no construction is permitted in a Red Hazard Avalanche area so these building techniques would not be applicable. According to the Hazard Regulations (Section 12-21-10): A. No structure shall be built in any flood hazard zone or red avalanche hazard areas. No structure shall be built on a slope of forty percent or greater except in Single-Family Residential, Two-Family Residential, or Two-Family Primary/Secondary Residential Zone Districts. The term "structure" as used in this Section does not include recreational structures that are intended for seasonal use, not including residential use. 8. Structures may be built in blue avalanche hazard areas provided that proper mitigating measures have been taken. C. The Administrator may require any applicant or person desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build if the Town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The requirement for additional information and study shall be done in accordance with Chapter 12 of this Title. D. The Administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate against the possible hazard. If mitigation is required, said information and report should specify the improvements proposed therefore. The required information and reports shall be done in accordance with Chapter 12 of this Title. 4 III. ZONING ANALYSIS LOT 8, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-family Primary/Secondary Residential (PS) Existing Lot Size 0.87 Acres (37,888 so Proposed Lot Size 0.825 Acres (35,937 so Standard Allowed Existina Proposed Density: 2 DUs + 1 EHU 0 2 DUs + 1 EHU GRFA: 6,889 sf 0 sf 6,694 sf Site Coverage: 7,578 sf 0 sf 7,187 sf Setbacks:. Front -20 ft. n/a 20 ft. Sides-15 ft. n/a 15 ft. Rear- 15ft. n/a 15ft. Landscaping: 22,733 sf undeveloped 21,562 Building Height: 33' max undeveloped 33' max y x y Y Y ~ ~ yz r [ , 5 LOT 9, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.34 Acres (14,941 sf) Proposed Lot Size 0.372 Acres (16,204 sf) Currently Proposed Standard Allowed Existing Allowed Density: 1 DU + 1 EHU 1 DU 2 DUs + 1 EHU GRFA: 4,160 sf (+250) 4,720 sf (+250) Site Coverage: 2,988 sf 3,241 sf Setbacks: Front -20 ft. 20 ft Sides-15 ft. 15 ft Rear- 15ft. 15 ft Landscaping: 8,956 sf 9,722 sf Building Height: 33' max 33' max *The existing development statistics for Lot 9 are not known. 7 i A.. '7, kV ii Y L. 6 LOT 10, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.30 Acres (12,898 sf) Proposed Lot Size 0.367 Acres (15,986 sf) Currently Proposed Standard Allowed FxiSting Allowed Density: 1 DU + 1 EHU * 2 DUs + 1 EHU GRFA: 3,650 sf 4,697 sf Site Coverage: 2,580 sf * 3,197 sf Setbacks: Front -20 ft. 20 ft Sides-15 ft. * 15 ft. Rear- 15ft. * 15 ft Landscaping: 7,739 sf * 9,592 sf Building Height: 33' max * 33' max *Lot 10 is an undeveloped lot. f 7 LOT 11, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-family Primary/Secondary Residential (PS) Existing Lot Size 2.23 Acres (97,139 sf) Proposed Lot Size to be eliminated Standard Allowed Existing Proposed Density: 2 DUs + 1 EHU n/a GRFA: 9,457 sf n/a Site Coverage: 19,428 sf n/a Setbacks: Front -20 ft. n/a Sides-15 ft. n/a Rear- 15ft. n/a Landscaping: 58,283 sf n/a Building Height: 33' max n/a "Lot 11 is an undeveloped lot. z j~Y' f- LY `{""4 ~14 ~ gy Z » ~~N 'ilil'lI 1 ~ 8 LOT 12, BIGHORN SUBDIVISION, SECOND ADDITION Zoning Two-Family Primary/Secondary Residential (PS) Existing Lot Size 0.71 Acres (30,928 sf) Proposed Lot Size 2.94 Acres (128,066 sf) Currently Proposed Proposed Standard Allowed Fxistina Allowed construction Density: 2 DUs + 1 EHU 1 DU 2 DUs + 1 EHU 1 DU GRFA: 6,146 sf (+250) 3,350 sf 11,003 sf 6,421 sf Site Coverage: 6,185 sf 1,378 sf 25,613 sf 2,935 sf Setbacks: Front -20 ft. 22.5 ft 20 ft 22.5 ft Sides-15 ft. 63 ft/17.5 ft 15 ft 17.5 ft/17.5 ft Rear- 15ft. 16 ft* 15 ft 16 ft* Landscaping: 18,557 sf 28,769 sf 76,840 sf 124,385 sf** Building Height: 33' max 31' 33' max 31' *The roof of the existing structure encroaches 1.5 ft more than is acceptable into a required setback. This is a legally non-conforming situation. **Includes natural areas not to be disturbed by construction. 'M r.,. _ f i~t4 L "Mi'Fiow" 9 Vicinity Map Lots 8, 9 & 10, Bighorn Subdivision, Second Addition 5 F 3796 THE EDGES 4 E G~ 3891 ~p 3797 D "2 6 s; 3911* 3 3786 2 3807 3901 7 2 3 3776 3827 9 3921 PITKIN CREEK PARK '3941 3a47 0.6 5. 49 6 3931 w l CS q 13 3877 5A . 6 4011: rl.r 4S 3846 d 3887 7 .p 7 14A 3944 \ 5B 3971 <s:; 11 12 14B 3887 6 \ 3834 3838 r<<, 3876 4 3954 s ; 5 3897 3964 ' 4 15 16 3974 3 3 3880 3896 3907 3984 2 3994 3947 <:•:..; 4014 5 2A 1A 3916 3947 4030 5-A 1 B % 4034 3916. 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JI. t i 5 J . ~a ' ' 7. ~ ` ',IEt S1rri { ~ `r4 's ~ 1~ + 7~ Fr t..,;o fi k ~ 7 ~ .tt ,J 5n. 1~r-} art yt tYt~r i~s~ dy. .r r ` tr. !i~ , g; 4~'~rLr a• t } , l0.' ~ : J`'' { tY r FIGURE 7. Map of the maximum extent of snow or debris avalanches in the Bridge Road and west Lupine Drive area. Red (high hazard) and Blue (moderate hazard) zones are shown. Map was produced from aerial photography taken in 1997, thus recent construction does not appear on the map. SCALE: 1"= 100` ! ~ r VadMountain School May 24, 2001 Mr. Bob McLaurin Town Manager Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Dear Bob: Thank you for taking time to meet with Bob Bandoni and me about our wish to use the East Vail tennis courts property owned by the Town of Vail. We would like to create a children's soccer field with an artificial turf surface on that site. It would be our hope to work in conjunction with the Town in creating, maintaining and using that area or to make some other arrangement that would make such a project possible. We would like to formalize this request and ask that we have the opportunity to address whatever group deals with such an endeavor. Realizing that it would take time to place such a meeting or work session on the calendar, please know that both Bob Bandoni and I are available the week of June 18; Bob is available the week of June 25; and we are both available again through the months of July and August. Please know that we are keenly interested in the possibility of making use of that land for this purpose and hope that there is the possibility of doing so. Thank you for your time and consideration of this request. Sincerely, Fceter M. Abuisi Headmaster PMA/ty 3160 KATSOS RANCH ROAD • VAIL, COLORADO 81657 • 970-476-3850 • FAX 970-476-3860