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HomeMy WebLinkAbout2004-01-06 Support Documentation Town Council Work Session TOWN COUNCIL WO121( SESSION AGEN®~- x:00 P.~. TOES®AV, 3ANUARY 6, 2004 1. George Ruther ITEHfl/TOPIC: DRB/PEC Report (10 min.) 2. Lorelei Donaldson ITE~/TOPIC: Interview candidates Ian Anderson, Stephen Connolly, and Robert Rothenberg for two openings on the Commission on Special Events (CSE) (10 min.) 3. Dennis Gelvin ITIEII~/TOPIC: Eagle River Water and Sanitation District (ERW&SD) Discussion of how additional water-charged revenues are being spent. (5 min.) 4. John Power ITEf~A/TOPIC: TOV Benefits Discussion (30 min.) 5. Warren Campbell ITEiifi/TOPIC: A proposal by Vail Resorts for the acceptance of several easements on the proposed Forest Place Subdivision. The Forest Place Subdivision is located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). 10 11Ain. ACTION REQUESTE® OF COUNCIL: Adopt, adopt with modifications, or deny the applicant's proposed Forest Place Subdivision and the associated easements being granted to the Town of Vail. BACKGROUN® R,4TIONALE: On December 8, 2003, the Planning and Environmental Commission approved a request for a major subdivision pursuant to Chapter 13-3, IUlajor Subdivision, Vail Town Code, to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site. The plat includes several easements which are to be granted to the Town and require the acceptance of Town Council. Please see the memorandum for further details. STAFF RECOIUIIIAEN®ATION: The Community Development Department recommends that the Town Council adopts the proposed Forest Place Subdivision and the associated easements, located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). 6. George Ruther ITEAfl/TOPIC: A presentation on the draft Development Agreement for the construction of Vail's Front Door Project. The purpose of this work session item is to obtain the Town Council's input on the contents of the Agreement (30 min.) ACTION REQUESTED OF COUNCIL: Listen to presentation by the Staff and applicant on the draft Development Agreement for the construction of Vail's Front Door Project and then engage in a discussion with the Staff and the applicant regarding the contents of the Agreement. BACKGROUND RATIONALE: On September 22, 2003 the Town of Vail Planning & Environmental Commission approved the development plan for Vail's Front Door Project and the development of Vail Park. According to the conditions of approval, the applicant is required to present a Development Agreement to the Vail Town Council for review and approval, prior to the issuance of a building permit for the Project. This worksession meeting is the first step in addressing this condition of approval. The Development Agreement is intended to be the written understanding of the requirements of the Developer and a supporting document to the Approved Development Plan. STAFF RECOI'1111VIENDATION: Staff has completed a review of the proposed Agreement for compliance with the intent of the requirements imposed on the Developer by the Town of Vail Planning & Environmental Commission as documented on the Approved Development Plan. 7. Bill Gibson ITEM/TOPIC: Proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) zone districts, and setting forth details in regard thereto (45 min.) ACTION REQUESTED OF COUNCIL: Listen to a staff presentation summarizing the evolution of the Planning and Environmental Commission's recommendation related to the proposed Gross Residential Floor Area (GRFA) text amendments. Provide staff with general policy direction and goals for the drafting an ordinance related to the proposed text amendments. BACKGROUND RATIONALE: On September 8, 2003, the Town of Vail Planning and Environmental Commission voted 6-0 to forward a recommendation of approval for proposed text amendments to the gross residential floor area (GRFA) regulations for Vail's residential zone districts. On October 7, 2003, the Town Council established a review schedule for the proposed text amendments to the GRFA regulations. 8. ITIEf~I/'I~OPIC: Information Update (10 min.) 9. ITEf~/T®PIC: Matters from Mayor and Council (5 min.) 10. Adjournment (4:35 P.Ni.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. TUESDAY, JANUARY 20, 2004 IN THE VAIL TOWN COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, JANUARY 20, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. DESIGN REVIEW BOARD AGENDA Wednesday, December 17, 2003 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Bill Pierce Scott Proper Margaret Rogers David Viele Hans Woldrich MEMBERS ABSENT SITE VISITS 1. Antlers - 680 West Lionshead Place 2. Coldstream Condominiums -1476 Westhaven Drive 3. Gore Creek Residence- 728 West Lionshead Circle 12:00 pm 2:00 pm Driver: George PUBLIC HEARING -TOWN COUNCIL CHAMBERS 1. Development Standards Handbook Appendix 2. BrookTree Condominiums DRB03-0480 Final review of proposed landscape plan 980 Vail View Drive/Lot B6, Lions Ridge 1St Filing Applicant: Cynthia Kruse, BrookTree Board of Directors MOTION: VIELE SECOND: ROGERS TABLED TO JANUARY 7, 2004 3. Burton at Vail DRB03-0533 Final review of proposed exterior modification 288 Bridge Street/Lots C & D, Block 5A, Vail Village 1St Applicant: Victor Mark Donaldson Architects MOTION: VIELE SECOND: ROGERS CONSENT APPROVED 4. Bullcrabs Sign DR603-0538 Sign for new restaurant at the West Vail Lodge 2211 North Frontage Road/Inn at West Vail, Lot 1 Block A Applicant: Scott C. Bucy MOTION: VIELE SECOND: ROGERS TABLED TO JANUARY 7, 2004 VOTE: 5-0-0 VOTE: 5-0-0 VOTE: 5-0-0 3:00 pm Elisabeth Bill Matt Matt ~y~i TOWN OF PAIL ~' 5. Westside Cafe DR603-0527 Matt New sign at existing restaurant in the West Vail Lodge 2211 North Frontage Road/Inn at West Vail, Lot 1 Block A Applicant: Mike Dennis MOTION: VIELE SECOND: ROGERS VOTE: 5-0-0 TABLED TO JANUARY 7, 2004 6. Coldstream Condominiums DRB03-0548 Elisabeth Conceptual review of exterior changes 1476 Westhaven Drive/Lot 53, Glen Lyon Subdivision Applicant: Don Maclachlan CONCEPTUAL REVIEW, NO VOTE 7. Gore Creek Residences DRB03-0540 Warren Conceptual review of proposed new residences 728 West Lionshead Circle/Lots A through D and 7, Morcus Subdivision Applicant: Vail Resorts, represented by Braun Associates, Inc CONCEPTUAL REVIEW, NO VOTE 8. Lionshead Ski Bridge DRB03-0554 Warren Conceptual Review of proposed Lionshead skier bridge Tracts B and C, Vail Lionshead Filing 1; Tract B, Vail Lionshead Filing 3; Unplatted Applicant: Vail Resorts, represented by Braun Associates, Inc. CONCEPTUAL REVIEW, NO VOTE 9. Antlers Condominiums DRB03-0474 Bill Conceptual review of a proposed pool remodel 680 West Lionshead Place/Lot 3, Block 1, Vail Lionshead 3`d Filing Applicant: Antlers Condominium Association, represented by Land Design by Ellison CONCEPTUAL REVIEW, NO VOTE 10. O'Dorisio Residence DR603-0312 Warren Final review of a proposed addition and exterior changes 4444 Streamside Circle/Lot 11, Bighorn 4`h Addition Applicant: Tom and Sue O'Dorisio, represented by John Perkins MOTION: Viele SECOND: Rogers VOTE: 5-0-0 TABLED TO JANUARY 7, 2004 11. Peters Chalet DRB03-0430 Warren Final review of proposed changes to a previously approved addition 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain Applicant: Alan and Francine Peters MOTION: Viele SECOND: Rogers VOTE: 5-0-0 TABLED TO JANUARY 7, 2004 2 12. Helmering Residence DRB03-0487 Warren Final review of proposed addition and site changes 4269B Nugget Lane/Lot 4, Re-subdivision of Lots 10 and 11, Bighorn Estates Applicant: Doris and Raymond Helmering, represented by Steven Riden Architects MOTION: Viele SECOND: Rogers VOTE: 5-0-0 CONDITIONS OF APPROVAL: 1) That the applicant and the neighboring duplex owner submit to staff an agreed upon design for the rear deck railings for review and approval prior to submitting for a building permit. 13. Manor Vail Lodge DRB03-0155 Warren Conceptual review of proposed exterior modifications 595 E. Vail Valley Drive/Lot A, Vail Village 7th Filing Applicant: Manor Vail Lodge Association CONCEPTUAL REVIEW, NO VOTE 14. Town of Vail Streetscape Master Plan DRB03-0434 Warren Final review of proposed materials and the plan Vail Village and East and West Meadow Drive Applicant: Town of Vail, represented by Todd Oppenheimer MOTION: Proper SECOND: Rogers VOTE: 3-0-2 (Viele and Pierce left prior to the start of this item) CONDITIONS OF APPROVAL: 1) That the applicant return to the Design Review Board with a different pavement design for the intersection of Bridge Street and Gore Creek Drive and with sample colors of the play surface for Earl Eaton Plaza. 2) That the applicant add the planter boxes for landscaping along Gore Creek Drive in front of Gorsuch's and the Golden Bear per the plan displayed at the meeting. 15. Baltz Residence DRB03-0331 Warren Final review of a new single-family home 3786 Lupine Drive/Lot 6, Bighorn 2"d Addition Applicant: Baltz Family Partners II, LLC, represented by Ruggles and Associates MOTION: VIELE SECOND: ROGERS VOTE: 5-0-0 TABLED TO JANUARY 7, 2004 Staff Approvals Kelly Liken Restaurant DRB03-0534 Elisabeth Exterior changes: door/window replacement, awning removal 12 South Frontage Road, Suite 100/Lot N, Gateway, Vail Village 1St Filing Applicant: Kelly Liken LLC Slifer Residence DRB03-0526 Elisabeth Addition of spiral staircase 195 Gore Creek Drive/Lot A, Block 5-B, Vail Village 1St Filing Applicant: Slifer Designs M.B. Parks Residence DRB03-0539 Elisabeth Re-roof of EHU with asphalt shingle in Antique Slate 1806 West Gore Creek Drive/Lot 34, Vail Village West 1St Filing Applicant: Rick Riggan 3 Heindel Residence DR603-0523 Deck addition 2520 Kinnickinnick, Unit H1/Meadow Creek Subdivision Applicant: Meadow Creek Home Owners Association Gorsuch Residence DRB03-0544 Same for same re-roof (fire-rated cedar shakes) 767 Potato Patch #1 /Lot 34, Block 1, Potato Patch Applicant: John Gorsuch Spaddle Creek, LLC DRB03-0545 Change to approved plan -balcony 1094 Riva Glen/Lot 4, Spraddle Creek Estates Applicant: Tim Losa Bill Matt Matt Staff Denials Wood Residence DRB03-0551 Bill Change to approved floor plans (i.e. changes constructed without approval) 1039 Sandstone Drive/Lot 5 Indian Creek Townhomes Applicant: Glen Wood 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 is available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. 4 f ./ :`..i December 11, 2003 ~ Vail Town Council 75 South Frontage Road .4 Vail, Colorado 81657 i Dear Council Members: I am writing this letter to express my interest in continuing my term on the Town of Vail Commission on Special Events (CSE). In my short tenure on the CSE I have had the opportunity to become more familiar with all the events proposed in Vail for 2004. I have invested significant time to educate myself about every event and I have attempted to evaluate the merits of each for the Vail community. I believe my previous experience working on many of Vail's signature events helped me to ask pertinent questions to all of the event producers. My goal has been to help each producer understand how he or she can provide the largest return on the Town's investment. I look forward to continuing my work on the CSE to appraise the success of each event that receives a funding allocation. As Director of Communications for the Vail Valley Chamber & Tourism Bureau five years, I have gained an intimate knowledge of the event process including pl~ning,)p © otion and execution. From the Mountain Games to Vail America Days, from Big Wheel to Oktobertest, I have worked or volunteered for the bulk of Vail's major events. With this experience, I have learned to recognize the elements of successful events. I believe that a multitude of profitable and diverse events are a key component to the future success of Vail. The strategic priorities and tactics outlined in the CSE's 2002-2005 Strategic Plan provide a solid framework for the CSE to attract, support and evaluate both new and existing events in Vail. Within that framework, I believe the CSE can improve its capabilities in two specifics areas; coordinating and communicating with the local business community, and integration with the marketing efforts of the Vail Local Marketing District (LMD). If a fundamental objective of the CSE is to support events that entice visitors to spend more money in Vail, the CSE needs to more effectively engage the business community in event planning and execution. Secondly, there is still a need for greater integration between the CSE and the LMD-their strategies need to be more concurrent and complementary. As an employee of the WCTB, I have close relationships with countless merchants in the Vail business community, I can be a strong liaison between the CSE and local businesses: In addition, I have worked closely with the Vail Local Marketing District for five years and can help to create greater symmetry between Vail's events and Vail's marketing efforts. I have lived in the Vail Valley for almost eight years and I have a vested interest in the future of our community. I have extensive event experience and a strong commitment to the success of Vail. Please consider me for a position on the Town of Vail Commission on Special Events. Respectfully, Ian Anderson Director of Communications Vail Valley Chamber & Tourism Bureau Stephen Connolly P.O. Box 3003 Vail, CO 81658 970/476-1346 December 11, 2003 Lorelei Donaldson Town of Vail Dear Lorelei: Please accept this letter as my application to reapply for a seat on the Commission for Special Events. Having just been appointed by the Council, I think there is still much work to be done. The CSE can have a greater impact on the Town by helping the community to better leverage the events that happen in Town. Best regards, ,,~ Lorelei Donaldson L roe ett f Interest ~~~ - -_ __..~~.~, r ._. , ...~~.~.~... Page 1 e From "Robert Rothenberg" <robr@mountainhaus.com> To: <Ionaldson@vailgov.com> ®ate: 12/30/03 2:02:40 PM Subject: Letter of Interest Lorelei -please consider this email as my letter of interest to serve on the Special Events Commission. Since I am an employee of the Mountain Haus Hotel, I would be interested in applying as the representative from the retail/lodging/restaurant community. I have lived in Vail since 1996 and have worked at the Mountain Haus since 1999. My college degree is a Bachelor of Science in Finance & Marketing and I have quite a bit of practical knowledge dealing with events during college as well as here in the Vail Valley. I would like to interview with the Town council to explain my interest in serving on this commision. Please contact me if you have any questions. Thank you for your consideration. Rob ------------------------------ Robert Rothenberg Controller Vail's Mountain Haus at the Covered Bridge 292 East Meadow Drive Vail, CO 81657 V: 970.476.2434 F: 970.476.3007 Reservations: 800.237.0922 www. mountainhaus.com Vail's Premier Boutique Hotel in the heart of Vail Village. MEMORARIDUM TO: Vail Town Council FROM: Stan Zemler, Town Manager John Power, Director-Human Resources, Safety & Risk DATE: December 30, 2003 SUBJECT: Benefits Attached are employee benefit cost materials which Council reviewed several months ago. At that time, it was requested that atiered-benefit approach be reviewed. Discussion points on that subject are included in this memo. Our goal to remain competitive in the marketplace in order to retain and attract the most qualified employees, while containing cost impacts on the town of Vail. We are not recommending any change to our current approach to benefits, but we are proposing to continue monitoring our benefit costs and keep them under 40% of base salary. If we can not meet this target we will return to the council for direction. With these issues in mind, we will continue to review overall employment cost as an important component of the TOV business plan. TIERED EEIVEFIT PR®GRAIVIS Tiered benefit programs work by "grandfathering" present employees in existing plans and creating a new "tier" of benefits for employees hired after an agreed upon date. As employees turn-over, the new program, over time, replaces the old, thus reducing employer benefit costs. Given the T®V's employment history, under this approach, measurable cost savings could be expected after the first 2 to 3 years. In the case of Colorado public employers, the issue is complicated by statutory protection given to sworn emergency services personnel that prevents elected bodies from making arbitrary changes to pension plans without a vote of those affected. There are approximately 50- T®iI sworn officers who have protected status. A vote would be required for this group to change the terms of the f re and police pension plan, ie; adding a different plan for new sworn officers. This protection, however, does not apply to other benefits. FR®'S: ® Provides a benefits cost reduction strategy without impacting current employees. C®1\T' S: ® 1Vlinimal savings in early years, ie; lower the turnover, lower replacement cost savings. o Sworn police and fire pension cannot be reduced without a vote which could result in a Third Tier plan. o Software revisions would be required to track additional benefit options. o Few Colorado municipalities have chosen a 2°d Tier strategy. ~ f,oss of competitive advantage. ® Causes internal divisiveness. ~enefat C®st Contr®1 issues To help frame benefit cost issues, the following considerations should be reviewed: 1) should the T®~1 continue to track the I-Iigh Country resort 1Vlunicipal market for purposes of compensation and.benefits, ie; who is our competition for police, fire, and other municipal jobs? At present, it is the municipal resort c®mmunity. 2) ®nce our market is determined, should T®~I lead, lag, or match that market. At present, T®~I matches or is an "average" comp and benefits provider. (~reckenridge and Eagle County are the market leaders.) 3) ®nce those targets are determined, what should benefit cost be as a percent of base payroll? At present, T®~I benefit cost runs 36% of total payroll and 39% of full-time payroll. The municipal market runs in the mid-thirties range. 4) If these. strategies change, what is the implementation time frame? ST~p' REC®IV~ATI®N 1) Continue to track the resort municipal market as this continues to re#lect our most direct competition. 2) Deep benefit.costs in the 30ties percent of payroll continuing to implement cost control programs. 3) 1Vi[ake recommendations to return benefit costs to objective levels should targets not be achieved. 2003 ~DVV~d ®F iIAIL BEI~FIZ'3 Summa~°y Discussion Poi®ts Ii~ARI~ET: Same as our compensation philosophy- T®~I tracks the high country resort market with the goal to offer benefits competitive with like municipalities. TI-IE Ti~I® EIGGIES: I-iealthcare and Pension ® Piealthcare (15% of Ease Salary): T®~T has experienced 2-years of declining medical cost claims due to plan design change, pre-tax education, supplemental insurance awareness, lower utilization, and success of the wellness program. Employees reimburse 30% of medical claims through co-premiums, deductibles, co-pays, and co- insurance. ® Pension* (16% of base salary): T®~I contributes 16.15% of base compensation which vests after 5-years. Employees in 1983 opted out of Social Security and lvledicare and took a salary reduction as part of the conversion to the present defined contribution plan. (*pre-83 hire and FD/PD constraints) TfIE ®TI-IER STtJF'F: Long ~i Short Term Disability, Life Insurance, & Survivors Income. ~ liRunicipalities like T®~I which opted out of Social Security and lViedicare in 1983, purchased survivors income coverage, to replace the Social Security equivalent. This insurance is no longer offered in the marketplace and cannot be competitively bid. o To retain this survivors coverage, providers insist that municipalities purchase only their in-house products requiring T®~1 to pay higher than market premiums for Life. ~®IVTI~TLTIIVG ~®ST C®IVTAINIVIEIVT STRATEGIES: o Survivors Income: Review alternate coverage options. Starting 1/1/04, cease coverage at age 65. o Reduce health care stop loss premium cost by raising deductibles and move savings to health care reserve. ~ PIealth: pursue cafeteria design options to increase employee choice. © Review seasonal and/or contractor mix to reduce full-time cost. :y ®ayso X37,30 (Flat fee f®r a rnedical pr®cedure) ~®~~suran~ X101,573 Q% ®f every dill ernpl®yee pays until ®ut ®f p®cket max is reached} ~® re~ur~ 130,000 QN1®nthly fee empl®yee pays Ti/~ 201 s~a~ alai s 1,202,569 200 iei~a~ Maims X1,377,100 1/ersi®~u 9 gown of Vall Employee Benefits 2004 Budget Proposal $ % Salary ~ull~°Plme Regular SmpO®yees Fee Based Health Insurance 1,571,000 15.6% Group Term Life and Accidental Death Insurance 62,500 0.6% Long-term Disability Insurance 41,600 0.4% Survivor's Life Insurance 79,800 0.8% Short-term Disability Insurance 25,000 0.2% Wellness Benefit 83,000 0.8% FPPA Contribution 27,000 0.3% Subtotal Fee Based 1,889,900 18.8% Payroll Based Pension Contribution 1,607,004 16.0% Medicare 145,992 1.5% Workers' Compensation Insurance 281,916 2.8% Unemployment Compensation Insurance 30,205 0.3% Subtotal Payroll Based 2,065,118 20.5% ~''o1taB ~u~8~`~9me ®eneflffi 3,955,018 39.3% ParQmTlme and Seas®na9 ~mpl®yees Fee Based Wellness 76,900 6.4% Payroll Based Pension contriburion 17,896 1.5% Medicare 17,299 1.5% Workers' Compensation Insurance 33,405 2.8% Unemployment Compensation Insurance 3,579 0.3% Subtotal Payroll Based 72,180 6.1% ~'otal l~ar~~Plme and Seas®nal ®enefits 149,080 12.5% 4®tal den ~ III Smp~®y 4,104,097 36.4% F:\Users\FINANCE\BUDGEllbudget04\salaryspreadsheet2004 1st Draft 030916 11/18/03 tC®Qo~°a~®~s®ca~~®~ ®~ S-~n 7i'®~~s Iiea~tb Y®sura®ce Surrey . Au~ust9 ~00~ 1) Ds Y®~P entity fu1By ®~° partial@y self insured? AVON: Partially. Our stop loss coverage kicks in at $30,000 BASALT: No BRECKENRIDGE: We are self insured with an umbrella for extraordinary claims. FRISCO: Fully self insured. GEORGETOWN: Not self insured GRAND JUNCTION: Fully GRAND LAKE: The Town of Grand Lake has their health/dental insurance through the County Health Pool. We have not received':the increase for 2003. For 2002 the County Health Pool reduced our benefits and created a deductible for the Exclusive Provider Plan in order to keep the increase at a minimum. GUNNISON: We are a self insured insurance pool. We have had this arrangement for the past 9 years. We are VERY pleased to be self insured given the exponential changes in the insurance industry for fully insured, fully-loaded programs. We were heavily lobbied by insurance analysts several years a~o to switch to a full loaded program. We are extremely happy that we resisted this overture. iVIINTURN: We are 3 party insured. . IVIONTROSE: Fully self-funded NIT. CRESTED BUTTE: IVIt CB is not at all self-insured. MTN. Village: We are partially self funded. VAIL: Partially. Have stop loss coverage. WINTER PARK: NO 2) What, if any, cost sharing arrangement do you currently have with employees? @E, aloes your town pay 100% of eonpioyee insurance costs or some other farmula? AVON: We pay 100% of the premium BASALT: No cost sharing with employees. Town pays 100% of employee, spouses, and familya BRECKENRIDGE: We cover employees at 100% but require premiums for family coverage FRISCO: Town pays 100% except for dental insurance, which has $100 lifetime deductible per person. GEORGETOWN: pays for 100% of all health care, including dental. and vision for the employee and their families. GRAND JUNCTION: We have two plans; one employee pays for a smaller upfront costs, but 80/20; the other has a larger upfront cost, but a smaller co-pay. GRAND LAKE: The Town pays 100% of the employees insurance..The Town also pays 25% of dependents insurance after 1 year of employment, 50% after 3 years, 75% after 5 years and 98% after 7 years of employment with the Town. GUNNISON: Current arrangement has the City paying 70% of all insurance costs, employee 30%. This includes all medical, dental, life insurance and vision (starting in '03). IUIINTURN: No cost sharing arrangements. We pay 100% for employee and family IVIONTROSE: The City pays 100°l0 of employee premuims J ~ Mt. CRESTED BUTTE: Mt CB does not have any cost sharing arrangements with employees currently for any portion of the monthly premium. The employees pay only deductibles and co-payments when they use the plan. - MTN. VILLAGE: Mountain Village pays 100% for employee coverage and the employee pays $58.00 per month for each dependant up to three dependants. VAIL: Cafeteria Plan-Employee pays 20% or 10% with higher deductibles and out-of-pocket maximums and co-pays. WINTER PARK: Town of Winter Park pays 100% of employees coverage. Dependent coverage is handled on a graduated scale: 1 ~ 2 years of service Town pays 25% of dependent coverage 3 year of service Town pays 50% 4 year of service Town pays 75% 5 years and beyond Town pays 100% 3y I~ow do you plan to Peact to proposed cost increases foP 2003 or 2004? ~) self insure ia~ soatrae fashion (or are already self onsured), . 2) pass on additiional costs to employees either entirely or a percentage thereof, 3) absorb the additional costs and continue paying under an existing foranula AVON: We are considering several things, but don't have a final decision. Considerations include: having the employee pay some of the premium, changing some parts of the plan so the employee pays more. for things like emergency room visit that don't require hospitalization and brand name prescriptions. BASALT: Until otherwise directed by Board, the town will continue to shop costs to get the best benefits and possibly raise deductable. Any one of the following maybe an option in the future. BRECKENRIDGE: We cost share increases with employees with the Town generally picking up at least the CPI increase. In addition this year we are modifying plan design to raise co-pays and deductibles and max out of pocket with idea to achieve an over all plan that has~town paying 80% and employee 20%. Employee preference was to pass most cost increases on to actual users as opposed to raising premiums. we have also had some success in paying employees not to join our plan if they have another alternative. FRISCO: Alternatives 2 and 3 might be considered GEORGETOWN: we will absorb any increases in the near future. Also, our Sales Tax was up 2.5% last year and as of June 2002, we were down 10.75%. GRAND JUNCTION: We have hired a consultant to reveiw our.plan. Minimal changes for 2003 is anticipated since we had some increases in 2002. GUNNISON: We anticipate NO increases in 2003! Our self insurance pool reserve (close to $300,000) allows this type of flexibility from year to year. MINTURN: To bear the cost, as we have done for the past 3 years (our insurance premiums have increased over 150%), we combine a reduction in benefits with paying more. For example, we have gone from $100/$400 family deductibles to $500/$1500. Co-pays have increased from $10 to $15. Our match % has gone from $90/10 to $60/40. Our out of pocket has increased from $1,000/$2,000 to $2,000/$4,000. With another 55% slated this year, we are considering employee contributions. MONTROSE: pass on additional costs to employees either entirely or a percentage thereof, Mt. CRESTED BUTTE: We plan to react to proposed cost increases for 2003 changing the plan structure to lengthen the amount of time that new employees have to fulfill before their insurance begins and to lengthen the amount of time that dependents/spouses have to wait until they are fully insured. Also, we plan to split any increases above a 20% premium increase by sharing that higher cost increase with the employees on having them help pay the monthly premium on a 50%-50% basis for any cost increases over 20%. We may implement cost sharing if increases are below 20%, but maybe not. 2 ! .+ iViTN. Village:llVe are looking at increasing deductible and out-of-pocket maximums, possibly increasing copays and adding new copays for highly utilized areas of the plan. VAIL: We had only a 10% increase in 2002. Over last 7 years, only 100% increase. Changes in plan design (varying amount of employee financial risk). Expand Cafeteria to include banking vacation options. Look at total benefit package based on base salary (salary, retirement, vacation ,etc) Shifting from 1=TE to part-time and contract help. WINTER PARI(: VVe are currently investigating our options. No decisions have been made. 4) ®the~ c®~enents ®e suggest6®ns that ~e anassed? . f1AINTURN: I think we should consider legislative action. There has to be some legislative solution to prevent the insurance companies from continuing to do this. Their increases are not based upon history, but just the fact they can, so they do. Our legislature could fix this easily if they chose to and thus the crux of the issue. They don't care, but it's good fodder at re-election time. GRAND JUNCTION: Consultant we are using is: Benefit iVlanagement, and Design, Inc.; 303-691-0335; Contact: Bill Lindsay. I would highly recommend them. GUNNISON: Several years ago, we were told that you can't be successfully self insured if.you have under 100 employees. Horse puckey! Through careful fiscal management and active employee involvement we have developed a very successful self insurance pool program. VVe have control of our coverages, stop loss limits and program options. It's the only way to fly! 3 NiEfVIORAiVDUNi TO: Vail Town Council FROM: Community Development Department DATE: January 6, 2004 SUBJECT: Acceptance of easements to be granted to the Town of Vail in association with the platting of the Forest Place Subdivision located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicants: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell I. DESCRIPTIORI OF THE REQUEST The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting that the Town Council review several proposed easements associated with the platting of the Forest Place Subdivision which will create aski-way tract and four residential lots. The purpose of this request is to facilitate the platting of the Forest Place Subdivision on the site of the existing Lionshead tennis court and the ski-way, located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). The proposed Forest Place Subdivision includes several easements which are to be granted to the Town. The easements are detailed in Note 17 on the plat and include roadway, roadway maintenance, fire truck access, and utility easements. The staff and applicant are requesting that the Town Council review the proposed easements and then adopted the Forest Place Subdivision. A copy of the proposed Forest Place Subdivision plat is attached (Attachment A) for reference. II. 03ACKGROUND On December 8, 2003, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major subdivision to allow for the platting of the ski-way tract and four residential lots at the Lionshead tennis court site located at 615 West Forest Road. Upon consideration of the request, the Commission voted 5-0 to approve the Forest Place Subdivision plat. The Commission's recommendation of approval did include seven (7) conditions of approval. The Commission's recommendation of approval includes the following findings: The following findings are used for a Major Subdivision: "(1)That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. (2) That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. " A copy of the December 8, 2003, staff memorandum to the Town of Vail Planning and Environmental Commission and the final agenda has been attached for reference (Attachment B). III. STAFF RECOMMENDATION The Community .Development Department recommends that the Town Council adopt the Forest Place Subdivision and the associated easements shown on the final plat and detailed in Note 17. Staff's recommendation is based upon the review of the criteria noted in Section VIII of the December 8, 2003, Planning and Environmental Commission staff memorandum and the evidence and testimony presented. Should the Town Council choose to accept the Forest Place Subdivision and the associated easements the Community Development Department recommends the Town Council makes the following findings: (1) That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Town Council deems applicable. (2) That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. IV. ATTACHMENTS Attachment A: Reduced Copy of the Forest Place Subdivision plat Attachment B: Staff memorandum to PEC dated December 8, 2003 and the final agenda 2 FG \ , Rfs ~ ND A~qD i `' i ~ / f0un0 PIN A,wO CAP l.6 No. ILIEG.aE 503'18'}9• - 0.77 FRp/ l07 CORNEA NO LGT ~ ~°` ~ ALOCN 7, VA0. NLIACE 'f 9xiM FILING ryh a . N POWs OF BCgNNING NE GOPHER L°7 6 (a0gf J) VA0. viLLACE IHIRO'nt!NC 1160 BCWC 71[ NORiMYEei CORNER L07 41, apa 1, YA0. NLLACE FlR6r iNNO LOT 5 \ eLpa 1, vA0. W1AQ THIRD fgJND TRACT A VAIL `pUACE. 9%M fRINC ' FaxO PW AND CM 200.00' Ls Na RLECWe S85'25' 37"W - / 1J-~ /~'~ 712 C9 y ~!: Np.Y CROSS ENERGY UNOCRORaNp '' RIGNI-Of-wAY EASENLNf ;~:5 (RECEPnOn Na, 72B6fi3) '~ (HATCHFO AAEA) N TRACT X I ~ arpoa+REaaEAnavNnun[s I ~ A2ze ALaES ~. ai FINAL PLAT - - -- , FOREST PLACE SUBDIYIS~ON faNp..AGNMLMeM ~ \ A PARCEL OF LAND LOCATED ~IN THE NORTH %, OF SECTION 7, ~5"~9wi51581NA~"~r TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6th P,M. 12°' _ ~ TOW1V OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO ... , ~ cz 65]58 y'W fgWp PIN ANp CAP ^:1~1 14 Br `' ~ t l.5 No. IfieAA av g70r fOV ROApWAY CASEUENi \ ~ Ffx \\\ (wEArfo or MK Pur) ~~xr~\)01 (gi065 hAigiCO MCA) ~~ .js, i0v ROAOwAY uAINIEn ANCE EAREMFNr 15.0' ANO VA URUIY EA6EMENr (CREAlEO BY 1H1$ PU1) (6NApC0 AHEA) ~ SOT ~ ~ ~~PC~~P,~~~~I 618 0 UVU~S,Ji tEAo tioi(fncPE`' PJI' 4 pp1 p1 . 4 N907p'00'E - 20.07 10Y U7N7Y EASEMENT V~'1 (CRUiEII BY r1a5 PUT) , 11.07' NOpV600'E .. 15.00' ~r - N90'00'00"E - 145.02' 2D OD' ,- L7 ' 129,45' ~5.5T flRE IRUCN ACCESS U4MENi ~ (gREAiED BY. 71115 PLAIT -I' ~ N (xATCxEO AAA) ~ o I' 61~'" TRUE POINT "' ~ a ~ Z00~ .,r13. OF BEGINNING I I / ~ I 3 10.0' -I M wpproD'Da'w ~ j Dp' ~ zD / i O . I I a LOT 3 / ~ Z O,66A ACAES 612 / faro Pln ANO cM L5. Fla, I6B21 '. I ' °o ~ rveo•:a'+TE -beat xoaM fp6xEa Lot I (BLDa 4) N JOlnr DRIJNACE EASEMFHr vAE. vnuGE Mao fluxc 30'°3•E ~ ~ (cREAifo er Mls PLLr ( Ep I ~ MCA _ _ - -------- -- 32.55' /- _ _______________________ ---____-__ _ ~~ . _ n YYY N605J ATE 2B 11 ~ __ _ - _____ _ ______ _ . .17 A. B\ - T.- ~ 1R 4 u C~C ~ G z p] Z '~ Z Q N 1 Do GRAPHIC SCALE \ \ FGReS~ \ G0 l9 0Po 3~Zvj^w ~ \ / \ i ~ \ ?gyp 0 o• c~ ]~eZy ' L \ ACCESS AND Md1UMEN1 EAEEUENT ~ (g9U7Ep Br MI5 PLAT) ' (bHAOFA AREA) (SEC OECAII) J W NI SEC 7. i6S RBOW 61h P.M, IS7 / \ fDaO J1f' ALUMINUM UP (B.LM.) 1981 ' \EU5 P09rla FDR YAP, WLUGE L%1H fIDNC) LOT 2 / / 4586 ACRES / ; ^ OO 621 /,~J ADO / W~ A "~ I . // "'^ 1 LOT 2 I~(~ 0 0~ ' •/ j~a 2~ VAII MLUGC, SNTN FBJNp' 01AY H,A ~ // R'ry Bgi.ei ~Ga~o'1y>b I n ~ W ~I~ n6o'oo'pot rDY unun EAS;MEnr ~ J \ . I =~€I^ 11.p5 LOT 4 (rAEA7ED BY M15 PIAi) ~I ~ \ / I : ~wml J ~ V ~ . I a622 AcaES \ ~ . .I .„wl 675 h _,--= ~\~\ (/ '~~ 1 d\ ` sm'Je'JA'w - T2.ea' )6 qZ 5Z E , f84.6p' / ~ x~6N`syE nolppUll • I ~ . 1e'0~ f ~- NDpvp'oo-w - lo.oD' // I .- m N90'a'tl0'W fIRE rRUa FCCES6 EA6EA1ENr ~ / 25.00' (CREATED 9Y MIS PUf) / _ FDUNO PIN AND CAP 11 b i (HAPCMEO MEAD / \ L.S No, Ifie4A ' m - ~I r ,p,owol ~, p N26'AA 30'W-22.80' _ ~-~- I Y N00'13 t2^N- 10.01' 077' _-- ~. ~ X45 - ~ ~IpD, -, - _ -''~ _ 151.03' fCU110 PIN ANO CAP ` ~ \ ~ 1'`0 NBt'S8'31"E Ls Na I6e4A / 2 .n• _ 0 VA Uts1fY EASEIL9i / ~ ///{{///}ff /r /J CUAYF TABLE /////~j~ ~1 / /' FaAO PIN Mq C/P N) (CREA7E0 BY Me PLAT ClnvE pLiA PAOn,s ILxCM IAxCFNi CxCXD cxaxD BEAPoxc Lb. Na, 16BIA (~i1Af1ED MEA NO fNIW 2GNE• l5 (HELO FOR ft0iA1Nri) CI a 125 fq' A' ' 6315' N19~31'319 U ~ / VA UnOrY EA6FHENr ANp p3 TRACT B " 1 11 86 9 fi. I ,19' 6819' 1' ~ ~ - N JOWi pRAINADE CAeiuENi / CI Ism']A os 3315' I e' SASI' n)PNl'SYE ~ ~ (fREA7E0 BY THIS PUT) - I s 1 ~ , , (SEE NOTE 9) / Cs u~+r 'C p6 Y x3i52'.'E `'~/ / O.SJ' VNL/lIONENEAO iWRp FIlA1G PA ,'IY ~ .1~ AI n 5 7'E m m / / / ~ j Ctl 59^.A',V II 1W 'S.SS' dY' AEY ')2'AY51'w ) 7,34•yj c ip9ry ~ \ clo .. n Ar 156 w .6 slsvf r~ (d ~ 1 ~,~~~ ~ 0h°/ ~ cll lT 'I' 1.50' I o' 1.e ~ xs ~~s's5' u) ~ ~ ~41P _ t~~ .,~• cl: 1 •+6ps• rnc' I ,.' ]I: ~vA ' N Ng9'S ,~e~,xw y°`,.,A „ reaowvrc m <P~c+"'' w '# al As„„_AU.A, cu 92'1 • 1 ~ 9D' bn Yv V - yo Vd r°° ~ n, "~:Axrx;b, uNE TABLE r, ~a~~''9r,r~ GORE CREEK ''~'~+N>~ ~E ~xbiH REAWxy A fOUXp PW MD CAP 1 L W W ~ l1 9]8' 89.16 Al',eM 7*I O ~ LS Na I68Ar ZO d Aj Jt /`\ y9..\ U 1 9' nnl~.lo'l1•E -P ~ J / '~ / APPROxIMAiC 80' ~ MU .P6 xiER 1 ~ APP0.0xalAlE 100-YEAR \ SCREW SEiBAa (%%A'1 OFN0R6 RAl1E0 ' .~ FIaD PLAIN .yWMy as v'ra"r';B,yi (m Beer ) 1 inch = 30 IL ~~.,. . `` vEAx LAfiw calsuLrANls. Ixc. PE.AA LnNO SL~IVEIINL. mC. ~,1~-m~ fgMO PIN ANp CM ,~" A> ~ / D ,/' •• 4 kyN4` f0UN0 PIN ANO CAP Vei __ °.f ~+ LS No. I604A /~~f O ^ \ (XELO i0R ROIApOn) / 't / yin" / \ \;:N,` \ W 1y, \ ,^ ~ VM ~1.w~~ TRACT A f0Un0 PM ANO CAP ~ ~ I y+1y / VAII/UW191EAp fIRSr FlNNC , °S,~ LS nA. I6e27 /p Ilib' I.r rRaM LDr CIXwER 1 y 40 ,eY/ ~ / s~ / ~~~~1„ SE7 ko, 5 REBAR YnIX A' ,yP• d AWMPWM CAP d 1.5. No. D590 G ~; ~ ~ ,fir Yq' ~ / \ 'y~ FGUNO II.O' W.G 6~5"J ,(/ .dY$ '\ Ne 5 RCBAR `\ ~ b NIrH AlU`NNUN CM `` ' \ LS N0. 27598 ~ ~, / a / ~~ /~ a INDICATES EOUNO No. 5 REBAR YAiH ALUMINUM CAP, L.S. No. 27596. 111 00' TRACT 8 / ~~ / I xxxx INDICATES STREET AGGRESS \ N82'S5'O1"E - vAa/LIDnsHEno, sECONO FlLwc / ,~ a~/~ L•(I51Y) ACCESS AND MONUMENT EASE,t/F.NT DET4fl (WOr rD sracq SHL'ET 2 of 2 ~nl'H41 NDiCS' ' I DAZE OY SUR\E r. 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SW RiE11Y pOUNpAAY OF MAC7 d VAIL/UOMIEAO $ECOn0 fIlINO. SIIB~Ci PARCEL BASIS BEING NfiS49'ZI'E- IUD].5b' ' S1AIE BANE COORDINATES CALCfILATED RO7ARLN= f00'SI'01' RECGAp - S1AM PLANE CDOAOINAIE4 5 ME DIMEUA0N5 SNO'WN (IO0.0U'( INOICAIE PLATTED LR DEEDED dI.fE11510N5. AlL DTNEAS ARE aS MEASURED. 6 u01iINffNTA104 AS NpIUlEO HEREON, 7 fL000 PUpJ INFOn1AA tl(w CHpwN XEREON BASCp llPOil ME FEMA FLOOD IN$DRANGC STUDY fpR ME 70Wi OF vPt, DFTED NOVEUBER 2 190 PAN NII R 2, EI. l ABE 080051 0002 i t iHP i B l0 5 WCN + AS SHOYM ON HIS PLA1 $HA' N .L Oi BE FUR I I SHAtI IHER SUODIND D PROHIBIIIOH pX SUBp NS ON FD Ifi E%IEND 10 BJi vOf DE LI1.11 T A SUBOIW` TED 0 JCNS OMERY F V () ASE PE 11 P 'ME i0'nN 0 M AIN EO UNDER iiE MUHID AL CODE W wCLUD NC ANY PRON$IOY AV fi i NO'M I E EC Ofl N RE FUNA Y A E. ANp 0 MAT Mnt10n B S LE ~UUlgµ PHtMION PkON0E0 P () IX AN ENRRL LOi AND .uPROV'cNENlS YAMOUi PHY9CAL dVISIDN a LHE LOi OR IMPAOVENEN15 SAALL AE PEAMIREO. A upx ulNA M iW0 pYl£LENG url1T5 $XALL BC PFF' tiEp Cx EACX OF THE fWR L0T5 NUMBERED I IIIRWCH 1. TOR 111E PuRPOSFS IX THIS PRON90N, AN ENPLOYCE 40US YG LWN OA OMEA NOUS'NG UMt. PERMIIiE- BY THETOWN a.VAX IHRUUGI WRREIIi CR LAtCR ZOMNC RECWAiIOrs SHALL DE [Or6510ERE0 10 BE A DwEEUNL UW( UrvOER M5 PAO`AGIOfI. Iw5 PRONf91nCN An0 RESTP Ci GU r1AY 9E EHFGRLFD By 1HE TOWN OF Vnr_, OY ANY pWNEP OF A 1011N ME SUddNSLON, ANU/UR 0'! ANY PROPCRIY OIMIER ADJACENT TU THE SUBJECT SUDOIV190N (1Gi0RINC ME EXIBIENCc Of ANY StREEi FOR INE PUtPOSE OF DETERMINING CONIIGIIITY). 9 Mf 'NO OIAID 2GNE' SHOW1 1 ' ON INS PUi STIR NOf LL DE OE`JCLDPEO WTN iR A A AAINA S ULTU S PRONOEp HpYE vE . 0 GE E 1!1PP WM NI P ANRN IrAP 0_ E 5, L G AOIEM xi IMPA 'frAF i E S 0 ..N S FELAM T M u AR IAV'AOVEUENiS ARE ALLOWED IN M p 0 E 5'pER BArDGE LOCATED CW IRAC7 x, AND OMCA 9 t S ZONE A$ OEEEPMINED BY ME COIN! OF VNL ZONING AOMIMSIPA1011, 10 PP£AN LANG SJRVEY NG NIL. d0 x01 PCPfCAU A iIRC SEARCH d THE $UG./ECi %10P(k1Y i0 ESTABIISN 01'MERSINP, EASEMENTS OR Wf,HLS-OF-.TAY OF RELORO. RECORD DO[UNENL URLIIfD IN TWS UNp SUHYEY FLAt tNCAE FRONDED BY lAN0 11RC WARANTEE Cq.IPANY OROEfl Na. VC27]511.14-}, pATCO OC108ER 21, 200] Al 5:00 P.M. II PCWI LANG SURVEYING. InL. RELIED VPDrv A UHO SURVCY flAi pAFEO FESAUAAY 2001 MRGVGM .IUIE 200], BV PEix IANO SURVEYING, INC. TOR M N AHY NN I E BW D SHO oN THS P Ai AN f L 0 ROM DOCUMENT R P 4 B ECOHDCD AY RELEPII N N-. 120Bbtl AM1O BOOR 221 Ai hCE 9 . 0 12 NO1WM 'IA(IIJING AII'l1IIIN NTAI 5 G CO NfD CN M15 FINAL Pr.Ai 10 DIE COtIINARY ANO EXCEPT AS `Ii FORTH IX GCfERµ NOtES I].I5,17, NO AUAO, WP(tOV[uEN t, PRCPENCf. USE CR E,\CEI.IENI OF AnY NNp OR NATUNE LOCAlCO ON iHR FINAL PUt IS OEgCAICD OR LFANIED N THE TOVAi Of VAIL OR ANY ODIER GONER44fxiµ EnD1Y, 17 DIE WRPOSE OF MIS -Ui IS i0 CREATE (I) LOtS 1 THHWIN i INCLUSIVE AS 0.L']CFN IIAI 1015 (NCDCINAFTER CN1ED THE 'LOTS'), (II) MACi A A$ (A) A PfNVatE pAIVE (ALSO NNpHJ AS FOREST PIACEJ. (BJ FOR URU1Y MIRPOEES (SEC GFlIERal .101E 18 BELOW) FOA PUPUL Ar10 PRIVATE UIILIFIES SER'AtlNG ME LOR ANO ~(C) RCCESS TOR EMERGENCY' WALLCS, AND (III) LEPTAIN (ASEIAENTS, ALL A$ SNOYw DIJ MIS FINAL PLAT. 14 iApLi A OF MS FWK PUiI$ fl0f A FUBUC flCAD AND MF TOYM OF VAR HAS NO OWICADfN 10 MAINTNN TRACT A pR i0 REMOVE 91pw iR0lA Mµ7 A. IS MALI A Of 1HIS Frvpl PLAt IS µS0 CALLED 'FOREST PUCE' ,WD NAT BE USEp TOR ME FWLOWNL PL'RP05E5: (A) AS PANAIE Ar[E55 TOR VFIII[LES An0 PEOESMMnS 70 ME LOTS, (eJ 4C[ESS L"vA EMEAC~NCY VEHICLES, (CJ SECUPoTY GATE AND ADDRESS MONUUENTS FOA IIIE LOTS ANO (D) FCR INE u5E Of BOTH PRIVATE ANG PUBUC UTILITY UNE$ AND FACNDES 9EANGNG 1NC LO1S, I6 inE VAtCORPOgA710N HEREBY CREATES AND RESERVES f0A ITSELF, ITS SUCCFSSGAS, ASSIGNS Arq LICENSEES, ME FWLpWNC PERPfNAI NONE%CU/SIVE EASEf/ENT ANO RIGHTS OF wAY; VA t!1:1!iY Ef SFUEP i' An USEUENt CN, CVEn, ONOEA, ABUT, ACROSi AMi iNFOVOH (Ij HOSE kOARONS U M15 FINAL PIAI DESIGNATED 'VA UMIiY USEAIENI' TOR INE PUAPOF£5 CF THE FOLLCWNL, AND WMW7 LWIfARON; (I) (A) U9NC. INSIKLING. CWSTRUCRNC ' (INCLUDING CRAOIIIG), IAAINIAININC, REPAIPoNG ANp RFPLAUNG ORADIAGE. WATER AND URUI'f ONES 0.x0 FAGIIIIES Of ANY Rw0 OR NAIURC WfATSpEN(A, INCLUOUiG WT H01 LIMNED 10, wAIEA PUMP CANS, $iLRY pRAN1ALE fAULITES, ff1•cA LVIES, EICCMIC UMS (U10ERGpWND) ANO fAUU11E5, GAS LIMES, IELEFHUNE LINES, CAOIE 7ELENSION LINES FIBER OPDC LINES, ANp'OMER LgAUUMCARUN fAGLIDES, (B) DRAINAGE CF tVATER fLONNiC fRCM OMEA LANCS, ANp (C)`IFHINLAA rtCCE55 FOfl'INSiALAAON AND MANTENANCE OF SUCK UTl11E5, ((A) INNWGn (Cj CQICCFIVELY HEREIrIAF1EA REFERRED 10 AS 'UMIfY PUAPOgS'] ANU (II) WM AESPCCt 10 ME VA UllllTl EASENIENi LWAIED O.a LOi ] OF MIS PIAt (MID kl Ap01DON i0 DIE UDlli'I PVRPOSES), CONSMUCPNC {INCLUOINC E%CAVADNG GiM1NL ANO OALKFILL) , REPAIRING, HE-UCINC, MAINTAIWxL An0 USRIL SUPPORTS ANO fWNpADONS (INCLUDNG ALL APPURTENUJLES THERETO CF ANY NWO OR NA1lIAE vMAi50EVERJ ASSOCIAEED WM OR REU7E0 f0 A BRIDGE, NID VCh'ICUInfl ACCESS TOR MStALURgi AND MPINIfNANCE OF SUCH IMPAOVEMEMIS; TOGEFNEft vAM A PFflPENµ PILHT OF LYCPESfi 4ND EGRE55 i0 ANO FROU SUCH EASEMENTS. ' I7 THE vAIL CCRPDxARCN HEREdr CREMES GRANTS AIVO DEDICATES 10 ME IOWI OF vAlt ME FMLOVNNL PERPETVAL NCH-E%0.M9vE USEMEHTS: (AJ TOV ROAO,vA'r EASEMENT. All EASEMENT W, OVER, UnOER, ABOVE, ACROSS ANO iXPWGH MpS[ PpRRONS Of MI5 PLAT DESIGIAIEO 'IOV AOADYIAY U41aFN t' FOR 'ME PUAWSES q' ME fdLOWNG: (I) INE CONSiRUCiION, RECgISMUCild1, NNNMNANCE, ftEPLACFNEH i, REPAIR, EYISTENCE ANU U5E CC IMPRDYEMENTS GIXiSISSENi WTN µWNUR ANO PEDESTRIAN ACCESS (SUCH ACCESS TO DE WERATEp A$ A PUOUL flOMWA'f), (U) UiIl17Y WAPOSES FOA PVWL U7ILIRES (lu) SNOW STORAGE ANO (IV) USING, W5IALLINC, COrI$iRIICRNC, rlNN1AINWG, flEPAWINC M'U XEPIACING TRAFFIC ANO SPFEIY pE`nCES i0GE1HER YAM SUPPORTS ANO APWNTENAYCES MERCIO. (R) D1V PpAOYiAY %nlNiFnIANfF Ed LfNC AN EASEMENT CN, 0'/ER, UNDER, ABOt~E, AGROG$ NIO MRWLH iNDSE PORTIONS Of RUS PUS pEGWIATED 'i0Y ROADWAY IlAIN1ENANCE CASEMENT' FOR ME PURPOSES OF ME FOLl0'NWG, ANO WIHOUl LIMTARON: USw G INSiµUNG, CONSTRUCDNC. u4WTAMING, AEPAIRINL Arq REPLACING fRMI TINE 10 u!AE ME ROADWAY ANO ~flEU1E0 IMPfl0'lEMEN15 LOCATED CN MC IOV ROADWAY EASENfNl, UDIITY PURPOSES (SEE GENERAL NOR I6) FOA PUBLIC MIIUTE$ ANO SNGW SIOA4GE, TOCERER WiH A PERPETUAL Rlgli IX INGRESS AND CG9E54 i0 ANU FRgA SVCH EASMJENI; ' (LJ p6F MNCK dl[rev Fav~ x EASELEIIi ON, OuER An0 A~09S MCSf PORIIONi W IN15 FMµ PUi DESIGNATED 'FAE TRULN RCCE55 EASRAEI11'NFOgA RIE PUAPoS~~ OF ME FOILOWNG: (I) TIRE MUCK µCE55 ANO NFN AAWNO, PRONpEO, NOVEVER, ME pWnER4 OF ME LO15 ON VNNICH ME HAE IRULK ACCESS EASENENI IS LOCARD SHALL HAVE ME NGNi t0 USf ' il1E FlAC iRUCIC ACCESS EASEUENI FCA DRIVEWPY IMPR04EAIENIS ANO OWNER USES MAi 00 x07 PRECLUDE ME IBOfiS GAANTCO MI5 f0 IONN OF vAt XEREL'NOER ANO (II) UIIUIY PURPOSES (SEE LENERµ NOTE I6) FOR UTIURE$ SFR'AGNG 7NE LOIi (0) iDV VTIUiY U"1MfxP An EASlAEnI ON, OVER, UNWA, AppVE, ACgU55 Axp inR0UG4 MDSE Pgi110NS OF MIS Fwµ-Ui DESIGNATED 'TOV UDUTY EASENENI' FOR UDUTY PURPOSES (SEE LENFAµ NOlE~l6) FCA PUBLIC VRUDES IB THE VAt Cgll'ORAnGN HEREBY G1F.ATES AHD GRANTS i0 ME REN-CURRENT OWNERS Cf THE LOTS ME iDIIOWNC PERPENµ NON-CXG.UGVE EASEIAENiS NNICN MAY BE USEp VOINILY AND/OA SEVERµIY. . (A) ,pJ'~i pgNL+A1t, ANR SFYffR EA ~aEr h AN EASEUEnI ON, OvER, UNOEA, AAO\{, ACROSS ArA tNFDJCH MDSE POgDONS Of MIS NNAL PLAt DE90NATED 'JOINT DRANAL( ANTI SEVER EASEUE(1I' TOR iHF PIIRPOFE OF ME FOLLOWING ANO WMNI LIUlUT11Rl: U9NG INSiµLINL, Cg15iRUCNIG MAIx INNING REPAIPoMC Axp R[PLPGNC SEVER UNCS AND FAOUDES ANp Fqt DRAINAGE PURPOSES ' (SEE GENERAL NOTE 17(C), Iq;CMEP 'AIM A PEfl-ENnI AIGHI OF INGRESS AxD EGRE55 i0 ANp FRCU NGH EASEMENT (BJ 1(YVI ORA nprr EASEUfrii, Ax EASENENI dl. OVEfl. UNDER, ABOVE, ACROSS Axp MRU7CN MDSE PpAnONS Of TWS FMµ PLAT DESICNA7E0 'JpNi pAAINAGE EASENENI' FCR pRAINAGE PUflP05C5'($EE GENEAN. NOTE I](C). (L) Ar-'. c5 NI(NCNj; AN EASEMExt qi. OVER. UNDER ABOVE, ACROSS ANp MAWGN NOS[ PORTIONS OF TMI$ FWAL PLAT OE9iNA1ED 'ACCESS ANO MONUMENT EAEEUENI" fdt ME fOLLOrYNC PUflPOSES: USING, 1N51ALL1rIG CCNSiR11CANG MAINtANIING, flEPRIAInG AND REPUCINL E(IMT GATES ENFAY IIONUAIENTS AND FOR URLIIY PURPOSES (SEE fEfIEAN NOTE I6J fOq PUWIC ANU PRIVA IF UTILITIES TCGEMEP, INN A PEAPENµ RICHt Ci IN(AES9 ANO EGiE55 i0 ANp FROM SVdi EASEMCNT. I9 ME LOiy IIICLUOED IN [H15 FlNpI PLAT ARE LWATEO µJACENi i0 OA 1lEAR A PUBLIC SgIRIC ANO RESORT AREA, (1HE 'RESORT AREA'). ME RESORT AREA IS EXYECIED i0 GENNAIE An UNPREDICiµL[ AMOUNT Of UGHI. NOISE Axp HORS A550GAIE0 WTH SNOWNIANIxC At10 SNOW CFW!AINO ACTIN PIES AHD AN MNPNEDICTAOLE AMOUNT OF N'EMWl1A ANp PEDESTRIAN IgAfFIC INN ITS Ai1EN0ANT LICNJ, NOISE ANO pOOA NUISANCCS. INNUdNG &Il NOi LIMIS[D T0, BUSES 'NWGI uAY MANSPpgi SKIERS AND OMEA$ 10, fflgA ANO AAWNO ME i0vm OF vul. NI AD01IIDn, MERE 15 EXPECTED i0 OE SWSTAN BAL CONSIRUGIION RELATED PCIINRES NEAR ME LOTS NHIGI 1.IAY CAUSE Cdi510F.RARLE rvgSE. diSf ANp OMER dSNHBANCE$ ANU wCONVCnENCES. OwnEHS ANO OLCUPnxTS Df MC AESIOENCES W ME LOtS CAN EXPECT t0 5E SUBNELi t0 THE FOREWMG FRUU IUIE i0 iW1E Ax0 Ai AN! nME OVRrHL ME YEAR. RY aCCEPnNG A DEED IO A LJi, ME OrP1ER ixEREOF ACNNO'MCOGES MAT SVCH LOi MAY BL 50 AFFECTED AND WAVES ANO RfUNWI5Nf5 AVY DM,NT ip OBJECT t0 ME fOREGCINC ACIINRES. 1D igACi A Cf MI5 Plpi WILL BE USED Fql WCRESS ulp E4iRSS OF xUVY CGL'IPMExI Axp vEMCULAA LCNSTRUCAON IPAFMC TO INE HOME NlES WHIN MIS nNAI PLAT. SUGI MWFlC WLL CAEATC INCtrIYEMEIACES ANO dSNRdANCES, INRVOING DUi NOi LIU1T[D tp, AN UNPNEDICIABIE .AMDUnt pF NdSF, CU51 ANU DOORS. OCNPArIis Of ME DESIOENCE$ LOCATED Cx ME L015 CAN EXPECT i0 BE 91BJECi f0 ME FOFECUNC fP.W RME ID TIME aN0 AI ANY TINC OURMC ME YEAR. BT M1CCfPDNG A OEEO i0 A lOJ THE OWNER HEREOF ACNNUYA.EOGES IH4I SUCK L01 MAY BE 50 AFFE[iF0 Arv0 WAIVES An0 RCLWWIGIES ANY RICHi 70 OAJEti 10 ME fdAEGCING ACDNTES (I) ME ROADWAYS np,InGEN110 LAND WiNIN MIS PU I, INU,ll UINC YAMWt UAIIiAIIW, FORESt flOAD. WLL OE USED FCR INGRESS µ1p CCRESS OF RESCR1~An0 MDIINTAIN OPERADONS VENIGFS. INNVOINC OUi NOt LIMITED t0, MANSPORIADOH. MNNIENANLE Af10 CW5IRUCRON VEHICLES. SUCH tAAFNL 9ALL GENERATE DISNABANCES AND IYICONU<WENCES INClU01NG WAINi LYNIAIIDN, AN UNPRCdCTABLC ANWNI OF NgSE. W51 AND WORS pCNPANTS CF ME RE90EN[E5 LOCATED ON THE LOTS CAN EXPECT TO BE SUBdCt 10 ME FgLEWWL FIION DMC 10 nuE Pn'p 47 ANr MIE DURWG THE YEAR, pY ACCEPIInG A DEED 10 A L01, ME DWNEA HEREOF AGNOWEDCES MA7 SUCH LOi MAY BE 5D AFFECTED NVD WavES AIW PELINWISXES ANY RICNT 10 GB.CCi i0 ME FGRECOINC ACIINRES, ' LAND USE SUMMARY ~ - L PARCEL IPAC1 A AREA 0.201 nCHES USC UDUDESYFJ:CRLENf,Y VEH10.E CCESS/ PMVAIE GRIN; (FCAC57 RACE) AGGRESS ` TRACT X L216 ACRES OUTDOOR RCCREABON/V DLIlIES ~ ' ~` LOt I 0,661 ACRES AE9CErvllAl fi10 FpRESi PLACE LOI 2 DSB6 ACRES AESIVErI iIAI 621 FgiE51 RACC PUN Un0 CONSvLTArvIS. INC LO1 ] O.d64 ACRES AESICEnnAI 811 fpgE"aT FLACC ff.AN I.All fl EORNE nNO IN LOl i D.622 ACRES AESIC[N RAI 615 FWESt PLACE TDIAL 6.981 ACRES FINAL PLA T FOREST PLACE SUBDIVISION LA1VD ~ LOCATED IN THE NORTH %z OF SECTION 7, 5 SOUTH, RANGE 80 ~YEST OF T1IE Gt ~ P.~'/~. VAIL, COUNT' OF EAGLE, STATE OF COLORADO _. -.--r. __ __ m -~~ ~ ~ 'I III '' I i ! ~ A~ 7x;~ ~~. I~rMU.e~~l ^ I ~ +.. ~ it ~ 4„"/Ii 11 ~., 1 .._..~ r , ~ - - /.~ ~~/.• Ar I I I ~! J/~~ , x/ ii . ~~ I ```u / I i. ''~ ~~ _ /~i 9V 'liP ~, y.N II ~/ ~, !' i / ' II / w'J tMa _.1.. f . as \I ~~ Af' I .. ~,.e '~ ~~: /. ti N ,~~ g1D*y~ Y. ~(S .i' -I'~~ +111. uil. 3 Y l -~.~ I ~{. I i', I , zn 6 ttur Ii7 ' Y, .. - I / X~ ~1 MA~ _ i.f .. _ .I I ...Ti..l'~, ~.. .. ~I ~- I: O \ / II I I ~..~„ ~' I ~rrAr~~r ... F ro ~ ~~I 'V....._' I', , _., ,. ~ _ ,. __._ i( _.. 1 ..,-. __. ___..,i .. ''.. __ I i .,j ~Y I Nd •,. --~J" 1 i _ 1 .-..___. __..__.._~_~._.___._...._._...... __._._.___......_.,...._ __._._..__._.__. AN SITE LOCATION 1 ' SECTION 1, TOwNSwP 5 SOUTH ' ' ~, RANGE 80 WEST. 6lh P.M. ~ I. \N1 VICINITY ,14AP SCACd: I'-500' i L. fFNFRAI NDIFC ' TI TRACT % q TWS flNµ PUi MA'/ BC USfp PoR YEAR-ROUND MgIntAIN RCSONi ACTINTIES NHICH NAY INWUD( MC FWLOWnG, AND WMWi UWTATION: THE OPERA 804 ANO MAINTENANCE OF (IJ CNNR UfiS ArD Cq+00.AS. (II) OVCft-ME-SNOW WNTER ACDNMS. EOUPMENi AND VEHCLES, ANO (III( DYER-ME- TEIIRAIN SPRING, SUMMER AND FALL 4CnNRES, EWIPMEMi AND VEWCLES (iHF 'MWNINN ACDVITIEI"). ME OWNERS W MACi X ANO THE OPEPAICgS Of INE ACTINIIES AND FAGUTIES Ox 1RACI X EXPRESSLY dS0.05E MA1 ME IlOUniAln ACTINDES 1YILL WCUq NID $PECIfICMLY RESERVE All R1GNiS A7TEnpAN1 to M( NWNGUI ACTMTIES C[NPANiS Ci RIE RESIDENCES LOCATED ON INE LOTS OF IRIS FINAL: PLAT CNI EXPECT TO BE SUDJECf IO ME NWNfNN AC71NRE5 FROM TIME TO OI.IE AND Al AHY RME WRU10 ME YEAR. BY ACLEPDnG A pEfp TO AxY L01 M MI5 FIAT, ME OWIFR MENECF ACXNOWLEUGCS INAI SUCH LOI uAY BE 50 AFFECTED An0 WNVE$ AND AELINWISNfS ANY RIGHT t0 OW(EC1 i0 iHC FOREGOING ACRNOES. DIE FOREGOING 00[S x01 CONSIIIUTE A U5E AESIIRCIIOII M TRACT U T2 AN USENCNT MAY BE OE9GNATEp FGR NULRPIE PURPOSES FOR EXANFtE, nn EASEMExt DE9UNAlEO 'VA UDl11Y EASEAENi AND dgxt ORNNAGE EASEMExt' I5 BOM A bA UINtY USEUENF x10 A'JOlni DRAINACf EaSEUENC. 2} ME EASEMENTS RESERVED ANO/OR raANTEO Irv MIS PU7 91µl rv01 NFFGE. EAFNEA PAf SENRY OA IN ME FUNNE. WM ANY fEC Ix IEAEST Oi THE DESFR`,&7 011 GRANTEE IF SUCH AESER'IEA OR GRANTEE IS Ok BECdAES THE pWNEA q LINO ON WHICH THE EASEWFIi IS LOCATED, BJi $I1ALL PEMAW SEPMAIE AND d5RNC1 PPOPCAIY RCM15 OF SUCH RESERVER OA GRANTEE, 115 SUCCESSORS AND ASSIGNS. UNTIL REUNWISNEO w ACCORDANCE WM LAW.,, T4 NORCE ACCCRpINC TO WLdiAUO LAW YW MV57 COMlnEI'ICF ANY LCCRL ALTIgI BASW UPON NJY Of FELT 1N MIS SUflVEY WIWN THREE YEARS ALTER YN FIRST OISCOVEA SUCH DEFECT IN NO EVENT MAY ANY ACTIW BASFO UPON ANY DEFECT IN iN15 SURYEY OE CgAMCNCCD MORE THAN TEN YEAgS FAOAI MC DATE W LEARFIGDON SHGNN HEREON. PLAPINING AND ENVIRONMENTAL COMMISSIOf1 CERTIFICATE MI5 Fwµ Put WAS APPROVED BY ME tDwN CC vAIL PLANMNG ANO ENNRONMCx1Al CWUIS90n in15 -- OAY CF ATTEST: iONN LIERN ~ LHAIAAIPN ipWn OF vNL cWORADD roW+ a vAIL n.Anxwc AND FN VINpNMENfµ CDMNISSIgI TOWN COUNCIL CERTIFICATE MIS PLAT APPg0'hD BY ME 1pNN CWNCt OF iHC iONN GF vAt, L'OLdiADO IRIS __ DAY OF ___--______. AO., 20___ FGt FIUNC WM THE CLERK AND RECCAOER pF EAG.E LWNfY, CDl0AAp0 ANO GpA INE CdIVEYpnCE ip ME TOWN Of vAIL OF ME PU&JC 0[dGARUnS SHOWN HCREON; NAJEfi i0 ME PPON4CP15 MA1 APPROVAL IN NO WAY OdJCAIES ME i0fw,OF vAIL FOR MAINTENANCE D< AOA05 OECMATCO i0 ME PUBUC UNNL CON51RUCnON CF IMPROVEMEMIS IHEREdI SHALL NAVE SEEN CdAPIEIED In ACCORDANCE WM tONN OF vAIL SPECIfICARONS NNp ME TORN CWNCIL OF TXE i0vM p' vAt NAS BY A $UBSEWfNi MSWUDCN AGREED 10 UNGfR1AN[ MuxIf.NANCE CF RIE SAME. 11115 APPROVAL ODES NOi WAgANIEE MAi ME SOIL CgVDInONS. SUBSUPfACC CEWWY, GNWh9 WAIFR CONdfIONS, OA iLWOWC CDhUInCNS OF ANY LOf SHOVw HEHCON AAE SUCH THAI A BNEOINL PERMIT pR ANY OIHEP REOUIPED PERMIT WILL BC ISSUED. MIS APPROVAL IS WM ME UNpCRSTANONIG RIAI All ENPENSES wVMNNG µL WPApVEMEN IS AEWWCO SNALI BE ME RESPON5181LITY pF 1XE SUBOIV1pER An0 NOt MC IOW1 Oi VAII. CERTIFICATE OF DEDICATION AND ONlNERSHIP NNpn ALL uEr1 BY iNESE PRESENTS MAl ME Vul L'ORPpAATiON, A CWORµO CpflPOAnTIWi, WING SOLE ONNE?(5) IN. (EC SIMPLE OF ALL THAT REµ I'ROPERIY SINAtED IN ME IOWi A YAIL EAGLE COUNn, CCLOAAUO, OE5[AIBEO AS FOLLOws, A PMCEL GF LAND LOCA iEO hti ME MOA TN h OF SEC110N 7, TOWNSHIP 5 iW hl, RANGE BO WEST OF ME 6M PRNIGPµ !AERI@AN, NXICH IS BOUNDED ON INE NORM DY YAIL{UONSHUO, FlU(IO No. 2 AxD 1. Arv0 ON ixC SOUM AY VAII VUTAGE MIRD ARID SIXTH FIUNCS, (ALL OF ME ABOVE SUBOIN9DNS REGORGED IN RIE OfFICc d THE EACIE COUNTY, LOLpAA00, CLEPJI w0 RECOPUEk), SAW PARCEL Of LANG BEwG MORE PAATINIAfAY CESCA18E0 AS FWLOWS:. AEGMNING Ai ME NORTHEAST CORNER OF lOt 6 BLCCN G 5A10 Vul MLLACE MWO FUING, YMICH 15 µS0 1NE Ndt MNfSI CORNER Ci l01 dl, BLOf,N 1, VNL NILACE FlASi FILING; HENCE THE FWLOVAFIC Two CWRSES nLOHC ME NORMERLY BCUNOAAY Of SAID VNL WLUC[ INIAO FILMIC: I) NDIIM 7Y 14 00"NEST 575,00 FEET ' Z) SWM ]0' II' i!"NEST 617.40 FFE7 IO RIE NgIMWESi COMIER OF LOl 5, BLOCK 1, Su0 vAU NLLACC IXMJ FNNG VkRCH IS µ9D MF AIO$i fgA1HEMY CORNCA Of l0i 1, BLOCK 2, SAID VAE NLLaoE SI%M FR1N0 AND irlE TIN Imp u ITT pf 'IIVNIN •; _ MEN[E ME FWIOWNG SEVEN COJRSES ALONG ME NOxMERLY BWNOMY D< SAIp VAIL VAUCE 9XIX HUNG I) SOU IN Z4' A9' Z2' WEST 255.20 FEET T) fiA l] fECt ALOVG ME ARC Of A GMRV[ i0 INE LEFT HANNC A AAgUS OF 125.00 FEET, A CENTRAL ANGLE Of Z9' Z]' 45", ANO A CNORU 'nHICl1 DEnAS r10AM 79' SY ]I' WEli 61,1] FEET; 7) SOUTH d5 ZS' ]7' xESi 200.00 FEET; 'r Tso DF /) NOAH 01' SA 1J ES ,0 CET; f i A xG RIE ARC LY A 5 129.59 EE LO NAVE I ) 0 ME A1CH1 HAVWG A DADIUS OF 27500 f i A , EE . CENMµ ANGLE CF r aD DD' wlp 2 A xHmN CARS NDflM BI• D4 AcxLD e a wsrl E 28.,19 FEE i~ ' A 7' ]1' 3' VEST 270 00 F fi h0 M 6 2 ECf 7 'NOAH 22' 25' ]7' EAST 130,00 'i i (E! r0 HE NOAiII AS AN 1 E i CO Efl IX LO Z, WOCN Z, VNL NLLAGE SIXDI fIIING NHICH IS AN ANCIE PCANI On THE SOU MERLY BWNOARY OF TgAL'T 3. Sup vPU/LION9IEAD THAD FlUNG HENCE iM 1'0.LOWNC fWR CWASE$ ALWG THE $W IHERLY DWNOAILY OF SAID 1RALt 0, VAIL/UUNSHEAD MND fIUNG: I) Hf1NM 10' 47 eg• NEST 69 !0 FEET; ' 2) NORM BI' SB' 71' EAST ISI 03 FEET; ]) NgiM 69' S1' +' EASt ?745] fEEi; ' 1) NORM Oi' OJ' .1' IIESI 55.00 FEE i,'i0 AN ANNE POINT W ME SOUTXEF.LY BOUNDARY Of SAID iRALi B. VAt/1JONSMEAO $EGONp FILMQ, MENC ME FWIOWNC TWO CWASES ALONG THE 50URIEPLY ONNOAAY OF SAID TRACT p, VWL/LIONSHUp SECOND F111NG 1 r M I' Arl 65 W ipA fi]' S5 0 E ~ Z FEET 2f NORTH 82' S5' 01' EAST r11.D0 FEET; THENCE ALdIC MC EAST LWE OT A PARCEL DESCAIBEp W DECCPTIOrI Nn 720888 SWM OZ' ]7' 4]' EAST !79.27 FEEL ip iXE TRUE POINT CF Pr'fln tlNG. $NO PARCEL CGViNNING fi,9B7 ACRES OF LAHU MCgC OR L[SS. XAY" BY THE r PR S iE LND W I P Ali A N 5_ E EN L ED Np SUBd OEU THE SAME INTO 1075 ANO BLOCKS AS SHOWN ON MIS FINAL PL0.7 UNDER THE HAM{ AND 5ME Of: ' (CREST PLACE SUBOIN90N A $UBOINSIGnI IN iME 10WV OF VA0. F.AC E TTY A L CWr CWOR DO ANO 00 H A P ES EREBY CCE f INE AESPONSIBIL1IY FOR IN NP f CO LETION DF F IRED WPROY'MENiS~ An0 DO 5 x q. Y CW L E E FB OEgC41E ANU 5 1 AP RT A H E P LL Of T E PUBLIC RONpS AND pMEA PUB I IMP LC ROVEMENIS AN D PLACES A$ 910WN Orv 1HE ACCOMPANYING P i 1 U 0 iFE USE OF ME PU FOR fl• A BLC EVE . 110 DOES HEREBY DCOICATE RI I 0.`E POR IONS OF SNO. RCPL PRO°ER7Y WiltN AAE NDICAIEO A5 EA5[NEN7 On INE ACLOUPANYING PLAT AS EASEMEl1T5 FOR INE PUNP05E SNONN HEREON; AIID p0E5 HEREBY GAANi THE FIGHT 10 Irl$iµ MI n L 0 MNNi IN MCE55ARY STRUCNRES i4 iH[ EnDTY RCSPWSIBLE PoR PRONdxI INE SERVICfs FOA YAACH INE EASEMCnfS AAE ESinfiUSH[0. EXENIEO TWS _---___ DAY Of _ _ A.O., 20_____-_ OWNER: ME VNL COIPPCRAROrC ADDRESS P.O. BOX 1 A CWORApO CORPORATION VAIL CO 81050 BY: ________________~_ 11NE: __ - --_- _- __ s1ATC pF __-_-_-_______-_) CWHiY pf ____---~__)- THE FORECgNL CEIiNFlCAIE OF DEgLATION AMI OVmERSHIP wA5 ACW1OµEDCCD BLFOfl[ uE M15 ___ OAY OF _ A.D.. 20__-~ BY __-__-.-_-_- AS ___--__- aF ME VNL LOflPORAROri, A COLCflApD CCRPOAADON, uY CWNISSION EXPIRES: _______ W INESS Mr HArvO An0 OfRtlnl SEAL NoiARY TITLE CERTIFICATE _-_- -----_____ OWS HEREBY CERnFY MAi ME PRE TO All LINOS 910vM UPdY MI5 PUi HAVE BEEN VESTED IN ___~______-____~-_______-__ -_______-______~--__~~____-__~___ -_____-______________-_____________________________--_ AND Mai TIRE TO SUCH LanDS IS FREE ANU ClEaq Cf ALL DENS 7A%ES PnD ENNMBRANCES, E%CEPT AS FCI.LONS: oAtE rws -__ oar DF' ALENi ADDRESS ___-___-______~___ BY ___-______--_-__-____- (4UiiA1URE) NAVE AND 11fLE SURVEYOR'S CER-FICATE 100 HEREBY CFR1IfY MATT A4 A REGSlEflEO LAn0 SURVEYOR UCENSEO VNDER INE lAWS OF ME STATE di COLpAABO, INAI MI5 PLAT IS HUE, LONAECi AND COMREIE AS LAID Wl, PU11Ep, DE0ICAIEO ANp SNOwI HEREON, MAi SUC1 PLAT nA5 MApE FROM Ax ACCUNpTE SURVEY W 5A10 PAGPCRTY AY ME A,ND UNDER NY SVPEItNSION AND CQRAECRY SHOWS ME LOCARON pND gMENElONS OF ME L0T5, EASUJEn iS: ANB S1AtLT5 OF SMO SUBgN51DN As INE SAME NIE STARED UPON ixE LAOUrvD W COMPLIANCE WM APPLICABLE AEGUTADCNS COVEPMNC INE SLBCIVl9gi OE UND. AI WMESS N}IEHEOf I IiAy( SCi NV HPrlp ANO SEAL MIS -___ OA'f DF ___--, A,O., 10___-, BRENI BICGS COLORApO P,L.S rvo. 21598 ATTEST rovm cLERN upvDR TDNN OF VAII, COLORAp0 10NN CWNCIL CLERK AND RECORDER'S CERTIFICATE MIS RAt WAS FRED FOR RECORD IN ME OFFICE 7 THE CIERN NIO RECCROEA M MIS -_- DAY OF -__, A,p 20__-, Ai -__ O'CLOGt _~.N. AECOAOED uNOER AECEPndi H0. ___-__- IN BWN _-__ Ai PAGE -___ CERTIFICATE OF~TAXES PAID I, THE VNOERSIGxEO, DO HEflFBT LLNDFT R1Af THE ENTIRE AAIWNI OF lAX(S ANp ASSESSUENIS OUf AND PAYADIL A$ OF ____--__ UPON µl PAR[ELi pC REnL ESi„TE pESCRIBED Ox tWS PLAT ARE PNO IN FULL. DATCO MIS ___ 04Y a ___________ AD 10____ ------------------------------- MUSURER CF EACIE COUNT( ttEAR AnD RECORDER BY: ___ .-____ DEPUir SII~ET 1 of 2 JOB No. 1253 Attachment; A iViEfVIORANDUNi TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 8, 2003 SUBJECT: A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site located at 615 West Forest Road/unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell 1. SUiVINiARY The applicant, Vail Resorts Development Company (VRDC), represented by Braun Associates, Inc., has requested a meeting with the Planning and Environmental Commission to present the final plat for the Forest Court Subdivision. The applicant is requesting action on the proposed final plat which subdivides the existing Lionshead tennis court site into four lots, Forest Court Subdivision, which is served by a private road and the ski-way, which are a.portion of an unplatted tract located at 615 West Forest Road. Based upon staff's review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of the proposed final plat subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Company (VRDC), represented by Braun Associates, Inc., is requesting review of a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract (Tract X on the proposed preliminary plat) and four residential lots at the Lionshead tennis court site located at 615 West Forest Road/unplatted. A vicinity map is attached for reference (Attachment A). Specifically, the applicant is requesting action on the proposed Forest Court Subdivision final plat for the platting of the four residential lots and the ski-way. A Attachment: 13 reduced copy of the proposed Lionshead tennis court site and ski-way plat is attached for reference (Attachment B). III. BACKGROUND On September 22, 2003, the applicant, VRDC, represented by Braun Associates, Inc., participated in a work session with the Planning and Environmental Commission. At that meeting a presentation was given on the many proposed projects which VRDC will be submitting regarding the redevelopment of Lionshead. After a brief overview the proposal the applicant focused the remainder of the work session of the proposed plans for the Lionshead tennis court site. At that work session there was public comment regarding the proposed plan. Several of the comments regarded the proposed rezoning and the existing zoning. One resident whom lives on West Forest Road spoke to the removal of the walking path which was used in the past to access the tennis courts. That individual expressed concern over the removal of the path as it is "quite important". Also at the September 22, 2003, work session there was great concern expressed over the proposed platting of the Town owned stream tract which is located to the east of the Lionshead tennis court site and the ski-way. The platting of the stream tract was proposed by the applicant at the request of the Town. The Town has agreed to remove the proposal to plat the stream tract from this application. Staff has researched the history of the stream tract to the east of the Lionshead tennis court site and the ski-way. The Town was given the stream tract with a metes and bounds description with no official plat, which was determined to be acceptable by the Town legal council at the time. Soon after accepting the metes and bounds described lot the Town Council under Section 13.11, Designating Open Space, Vail Town Code, established the designation of open space for the stream tract. Under Section 13.11, Designating Open Space, Vail Town Code, the only method in which that open space designation can be changed is by vote of the registered voters within the Town. The Agriculture and Open Space district zoning, which the stream tract parcel is zoned, has a minimum requirement of 35 acres and restricted permitted and conditional uses. The large lot size combined with the restricted uses allows for a great deal of open space to remain intact in a development situation. Staff has great confidence that the platting and rezoning of the ski-way and four residential lots does not cause the stream tract, which is defined by metes and bounds, to become more non- conforming with this application. The applicant has agreed to assist the Town in bringing an application for the platting of the stream tract forward in the near future. On October 27, 2003, the Planning Commission forwarded a recommendation of approval onto Town Council for the proposed rezonings of the tennis court site from Agriculture and Open Space zone district to Two-Family Primary/Secondary zone district and the ski-way from Agriculture and Open Space zone district to Outdoor recreation zone district. The Commission also approved the preliminary plat for the Lionshead tennis court site and the ski-way. 2 At the October 27, 2003, Planning and Environmental Commission hearing there were multiple letters and public comment made regarding the loss of the pedestrian pathway which exists on the tennis court site. Several residents and letters from residents of West Forest Road spoke in opposition to the loss of the pathway and the need to have some form of pedestrian access to the ski-way and Lionshead. The Commission listen to those concerns and determined that a pedestrian pathway on this site was not appropriate. On December 2, 2003, the Town Council heard and approved the first reading of Ordinance No. 35, Series of 2003, which will rezone the tennis court site from Agriculture and Open Space zone district to Two-Family Primary/Secondary zone district and the ski-way from Agriculture and Open Space zone district to Outdoor recreation zone district. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning & Environmental Commission, Town Council, and staff on the current applications submitted on behalf of Vail Resorts Development Company. A. IViaior/iViinor Subdivision Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a major subdivision. Specifically the code states in Section 13-3-4, Commission Review of Application; Criteria: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. " Design Review Board: Action: The Design Review Board has no review authority on a major subdivision, but must review any accompanying Design Review Board application. Town Council: The Town Council is the final decision making authority for a major subdivision and adoption of easements between a private property owner and the Town. Final actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code 12-6D Two-Family Primary/Secondary Residential (PS) District 12-6D-1: PURPOSE: 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 appropriately be located in the same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, 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. 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. Type 1 employee housing unit as provided in chapter 13 of this title. 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by Section 12-14-18 of this title. Home child daycare facility as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. 4 Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type 11 employee housing unit as set forth in chapter 13 of this title. 12-6D-4: ACCESSORY USES: The following accessory uses shall be permitted: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of chapter 14 of this title. Private greenhouses, tool sheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family and two-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6D-5: LOT AREA AND S1TE DIMENSIONS: The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80') on each side, within its boundaries. 12-6D-6: SETBACKS: In the primary/secondary residential district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15). 12-6D-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33'). 12-6D-8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14,000) square feet. 12-6D-9: SITE COVERAGE: Site coverage shall not exceed twenty percent (20%) of the total site area. 12-6D-10: LANDSCAPING AND SITE DEVELOPMENT: At least sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and length) with a minimum area not less than three hundred (300) square feet. 12-6D-11: PARKING: Off-street parking shall be provided in accordance with Chapter 10 of this Title. 13-2 Definitions SUBDIVISION OR SUBDIVIDED LAND: A. Meaning: 1. A tract of land which i~> divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or 2. A tract of land including land to be used for condominiums, time share estates, fractional fee units, or time share licenses; or 3. A house, condominium, apartment or other dwelling unit which is divided into two (2) or more separate interests through division of the fee or title thereto, whether by conveyance, license, lease, contract for sale or any other method of disposition. B. Exceptions: Unless the method of land disposition is adopted for the purpose of evading this definition, the term "subdivision" as defined herein shall not apply to any of the following divisions of land or interests in land: 1. The division of land by order of any court in this state or by operation of law. 2. The division of land by a lien, mortgage, deed of trust or any other security instrument. 3. The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity. 4. The division of land which creates an interest or interests in oil, gas or minerals which are now yr hereafter severed from the surface ownership of real property. 5. The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of this definition as only one interest; provided, however, that no agreement exists, either recorded or unrecorded, between the cotenants allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually recurring or not if such agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property. 6. The division of land by reason of the dissolution of a joint venture or other business entity. C. Compliance: No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the town or law or regulations of the state. D. Major Subdivision: Any subdivision involving more than four (4) Lots, or a subdivision proposal without all lots having frontage on a public or approved street, or with a request to extend municipal facilities in a significant manner, or a proposal which would negatively affect the natural environment as determined 6 under section 12-12-2 of this code "Applicability" or if the proposal would adversely affect the development of the remainder of the parcel or the adjacent property. 13-3 Major Subdivision (in parf) 13-3-1: REQUIREMENTS AND PROCEDURES: The following submittal requirements and procedures apply to a major subdivision proposal. (Ord. 2(1983) § 1) 13-3-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW. The first step in the process for a major subdivision is for the applicant to request a meeting with the Administrator to assist in meeting submittal requirements, address related zoning issues and generally give the proposal a preliminary review. (Ord. 2(1983) § 1) 13-3-3: PRELIMINARY PLAN: A. Preliminary Presentation To Planning And Environmental Commission: Consideration of a major subdivision proposal shall be formally considered with a preliminary plan presentation by the subdivider and/or his/her representative(s) to the Planning and Environmental Commission at a regularly scheduled meeting. This preliminary presentation shall be a public hearing according to Section 12-3- 6 of this Code. The presentation shall reflect the proposed development for an entire same ownership and shall indicate all adjacent lands owned or under option to the subdivider at the time of subdivision. B. Submittal Requirements: At least thirty (30) days prior to the preliminary plan presentation to the Planning and Environmental Commission, the subdivider shall submit at a scale of one inch equals one hundred feet (1 " = 100') or larger, twelve (12) copies of each of the following (exceptions can be granted on individual items by the Director of Public Works or the Administrator) to the Department of Community Development: i. The environmental impact report required. 2. A topographic survey with a north arrow, graphic scale, dimensioned to nearest foot prepared by a Colorado registered land surveyor, shall be submitted including the following information: a. Boundary lines. b. Preliminary proposed lots and blocks with numbers and sizes. c. Easements: location, width and purpose. d. Proposed streets, their widths of right of way and pavement, approximate grades in percentage and center line radii of curves; areas with cuts and fills exceeding six feet (6) and extent thereof. e. Utilities on and adjacent to the tract, including their type, location, size and invert elevations of sanitary sewers, storm drainage facilities and water mains. If utilities are not found on the tract, distance to, direction of, and size and elevations of the nearest utilities should be indicated. f. Contour intervals of no less than two feet (2) if the site is two (2) acres or less; contour intervals of five feet (5') or less if the tract is more than two (2) acres, elevations to be based on USGS datum. 7 g. Drainage conditions on and adjacent to the tract including location and extent of watercourses, areas of 100-year flood plain (verified by a registered professional engineer in State of Colorado), perpetual drainage easements and location of natural springs and ground water. h. Existing conditions on adjacent land: the area within two hundred feet (200') from each subdivision boundary should be included in the preliminary plan to snow its land slope percentage, zoning, location of physical improvements and land uses, owners of said property, division of property into lots or tracts including subdivision names and any significant natural leatures. The objective of showing how the preliminary plan interfaces with all adjoining properties and uses thereof should be met. i. Existing zoning. j. All areas of forty percent (40%) slope or greater, and avalanche areas indicated as shaded areas. k. Letters from all applicable utility agencies verifying service. 1. Indications showing that access to the subdivision is via a maintained public road. m. Soil stability analysis. 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. 13-3-8: REQUIRED IMPROVEMENTS: The following improvements shall be required by the subdivider unless otherwise waived by either the Administrator, Director of Public Works, Planning and Environmental Commission or Council. All improvements shall meet the design standards, Chapter 10 of this Title: A. Paved street and parking lots. B. Bicycle and pedestrian path linked with Town system and within the subdivision itself. C. Traffic-control signs, signals or devices. D. Street lights. E. Landscaping. F. Water lines and fire hydrants. G. Sanitary sewer lines. H. Storm drainage improvements and storm sewers. 1. Bridges and culverts. J. Electrical lines. K. Telephone lines. L. Natural gas lines. 8 M. Other improvements not specifically mentioned above but found necessary by the Town Engineer due to the nature of the subdivision. 13-3-9: COMMISSION ACTION; PUBLIC HEARING: The Planning and Environmental Commission shall review the final plat and associated material and information and shall approve, approve with modifications, or disapprove the plat within twenty one (21) days of the public hearing on the final plat of the subdivision or the final plat is deemed approved. A longer time period for rendering a decision maybe granted subject to agreement between the applicant and the Planning and Environmental Commission. Vail Land lJse Plan The Vail Land Use Pian was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. The Vail Land Use Plan contains the following applicable goals to this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 9 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. Lionshead Redevelopment Ntaster Plan The Lionshead Redevelopment Master Plan was adopted on December 15, 1998 by the Vail Town Council. While the Tennis Court Site does appear in the study area for the Lionshead Redevelopment Master Plan it does not make any recommendations for the site. During the development of the Lionshead Redevelopment Master Plan 1:he Lionshead Tennis Court Site was included in within the plan; however, at the request of the public all recommendations for the site were removed prior to adoption. Upon review of the plan the only statement referencing the Lionshead Tennis Court Site appears in Section 3.2.6, Recreation and Open Space, which identifies it as "unattractive and visually inconsistent with the rest of The Gore Creek corridor". Town of Vail Comprehensive Open Lands Plan In 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The purpose of the plan is to identify priorities for open space and recreation needs communicated by the citizens of Vail. The citizens identified the following needs, in order of priority: Acquisition, preservation and protection of natural open space; Improvement of the trail and bike path system in and around Vail; Creation of additional recreation opportunities in a regional context. The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of land that squire some kind of action for either protection of sensitive lands, for trail easements and critical trail connections, or for future public use. The Comprehensive Open Lands Plan -Action Plan map identifies the Tennis Court site "Undeveloped Parcel (Open Space Zoning} Action Not Recommended". The Plan did not reference or recommend any action with the existing Tennis Court Site. However, it.does identify that there is an existing bike path along Forest Road on the southern border of the site. 10 VI. POTENTIAL SITE ZONING ANAYSIS Proposed four lots on the Lionshead Tennis Court Site: Proposed Zoning: Two-Family Primary/Secondary district . Land Use Designation: Ski Base Current Land Use: Recreation/Open Space Development Standard Allowed Proposed Lot Area: Lot 1 15,000 sq. ft. 29,707 sq. ft. buildable area Lot 2 15,000 sq. ft. 25,526 sq. ft. buildable area Lot 3 15,000 sq. ft. 28,923 sq. ft. buildable area Lot 4 15,000 sq. ft. 27,094 sq. ft. buildable area Setbacks: Front: 20' 20' Sides: 15' 15' Rear: 15' 15' Building Height: Flat roof: 30' 30' Sloped roof 33' 33' Density: Note 8 on the preliminary plat restricts the maximum number of units which can be constructed on the combined area of the four lots to eight dwelling units total, including EHUs, and prohibits the further subdivision of Lots 1-4 as permitted by any subdivision process in 'the Vail Town Code. G R FA: Lot 1 6,070 sq. ft. Lot 2 5,652 sq. ft. Lot 3 5,992 sq. ft. Lot 4 5,809 sq. ft. Site Coverage: Lot 1 5,941 sq. ft. (20%) Lot 2 5,105 sq. ft. (20%) Lot 3 5,784 sq. ft. (20%) Lot 4 5,418 sq. ft. (20%) Landscape Area: Lot 1 17,824 sq. ft. (60%) Lot 2 15,315 sq. ft. (60%) Lot 3 17,353 sq. ft. (60%) Lot 4 16,256 sq. ft. (60%) Frontage: All four of the proposed lots meet the minimum requirement for 30 feet of frontage as required by the Two-Family Primary/Secondary district. Proposed ski-way lot: Proposed Zoning: Land Use Designation Current Land Use: Outdoor Recreation district Ski Base Recreation/Open Space The proposed ski-way tract, Tract X, is proposed to be 4.226 acres The applicant is not proposing any changes to the uses which currently occur on the ski-way. VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Open Space Natural Area Preservation district South: Residential Two-FamilyPrimary/Secondary district East: Open Space Agricultural and Open Space district West: Residential Two-Family Primary/Secondary district VIII. CRITERIA AND FINDINGS A. Major Subdivision Creating Four Residential Lots and the Ski-way A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: The minimum lot area for the Two-Family Primary/Secondary district is 15,000 square feet of buildable area. All four of the proposed residential lots located on the tennis court site exceed this minimum requirement. Section V of this memorandum depicts all the statistics for the proposed lots. The proposed ski-way tract, Tract X, measures 4.226 acres. There is no minimum lot sized identified in the Outdoor Recreation district for which Tract X is proposed to be rezoned. Frontage: The minimum frontage required by the Two-Family Primary/Secondary district along a street is 30 feet. All four lots have 30 feet or more of frontage on the proposed private drive, Forest Court. There is no minimum frontage requirement for parcels zoned Outdoor Recreation district, therefore Tract X does have to meet a minimum frontage requirement; however, it is proposed to have 240 feet of frontage along West Forest Road. Dimension: Under the proposed Two-Family Primary/Secondary district zoning for the four residential lots are required to be dimension so as to 12 allow an 80 foot by 80 foot square to fit within the property lines. All of the proposed residential lots meet this requirement. Under the proposed Outdoor Recreation district zoning for Tract X there is no minimum requirement for lot dimensions. 2. The second set of review criteria to be considered with a major subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable.... The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town." The purpose section of Title 13, Subdivision Regulations, is intended to insure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statements from 13-1-2 (C) are as follows: To inform each subdivider of the standards and criteria by which development proposals will be evaluated and to provide information as to the type and extent of improvements required. Staff response: The provisions of Title 13, Vail Town Code, and staff made the subdivider aware of the standards and criteria by which this proposal is to be evaluated. The approved preliminary plat depicts a 60-foot diameter cul-de-sac which will be constructed on West Forest Road. The construction documents submitted in conjunction with the proposed final plat depicts the previously approved 60-foot cul-de-sac. However, the construction documents provided staff with a clear picture of how the proposed cul-de-sac, which was requested by the Town Engineer under Section 13-3-8M, Required Improvements: Other Improvements Not Specifically Mentioned Above But Found Necessary By The Town Engineer Due To The Nature Of The Subdivision, Vail Town Code, would function with the turning movements of the Town's fire equipment. Staff has determined that the 64-foot diameter cul-de-sac, as measured from flow-line to flow-line, needs to be increased to a 68-foot diameter cul-de- sac, as measured from flow-line to flow-line, in order to adequately provide the area necessary to turn around the Town's fire equipment. 13 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. Staff response: The proposed major subdivision to create four residential lots and plat the ski-way will not conflict with development or subdivision on adjacent lots. However, Note 8 on the plat which states; "Lots 1 through 4 as shown on this plat shall not be further subdivided. This prohibition on subdivision shall extend to but not be limited to (A) subdivisions otherwise permitted under the municipal code of the Town of Vail, including but not limited to the current subdivision processes under Chapters 3, 4, 6, 8, and 9 of Title 13 of the current Vail Municipal Code and any similar provision in effect in the future, and (B) judicial partition, provided that partition by sale of an entire lot and improvements without physical division of the lot or improvements shall be permitted. The intent of this provision is to prohibit and prevent each lot identified on this plat from being divided in any manner, provided, however that each lot may contain a residence with two dwelling units under a single ownership if permitted by applicable land use regulations. This prohibition and restriction may be enforced by the Town of Vail and/or by any property owner adjacent to the subject property (ignoring the existence of any street for the purpose of determining contiguity). " This note was drafted by the applicant to address several concerns of the neighbors. Staff believes that this note is extremely confusing and unnecessarily prohibitive. They four lots of the Forest Court Subdivision are currently in the process of being rezoned to Two-Family Primary/Secondary zone district. This zone district allows as a permitted uses, single-family, two- family, and Type I employee housing units. The limit on two dwelling units per lot for a maximum of eight dwelling units is required as the private road serving the homes, Forest Court, does not meet the width requirement required by the Town Code for more than eight dwelling units. Staff would like to suggest that the following language replace the currently proposed Note 8: "Lots 1 i:hrough 4 as shown on this plat shall not be further subdivided. This prohibition on subdivision shall extend to but not be limited to (a) subdivisions otherwise permitted under the Municipal Code of the Town of Vail, including any provision in effect now or in the future, and (b) judicial partition, provided that partition by sale of an entire lot and 14 improvements without physical division of the lot or improvements shall be permitted. A maximum of two dwelling units shall be permitted on each of the four lots numbered 1 through 4. For the purposes of this provision, an employee housing unit or other housing unit permitted by the Town of Vail through current or later zoning regulations shall be considered to be a dwelling unit under this provision. This prohibition and restriction may be enforced by the Town of Vail, by any owner of a Lot in the subdivision, and/or by any property owner adjacent to the subject subdivision (ignoring the existence of any street for the purpose of determining contiguity)." 3. To protect and conserve the value of land throughout the I~lunicipality and the value of buildings and improvements on the land. Staff response: Staff believes the removal of the existing tennis courts which have been in disrepair for several years and the establishment of four large residential lots, ranging in size from 25,526 to 29,707 square feet, will conserve the value of land throughout the municipality by eliminating a site improvement which has been allowed to become rundown. The Lionshead Redevelopment Master Plan in Section 3.2.6 stated that the existing tennis court site was "unattractive and visually inconsistent with the rest of the Gore Creek corridor". The proposal to plat the ski-way and create Tract X does not change the existing land use of the site. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff response: The proposed subdivision is in compliance with the Town's zoning ordinances. In Section VI staff has created a table to display how each of the lots and the ski-way conforms with the requirements of the Two-Family Primary/Secondary district and the Outdoor recreation district. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 15 Staff response: As required in Section 13-3-3C staff notified the department of Public Works, Town Fire Department, Town Police Department, Public Service Company of Colorado, Holy Cross Electric Corporation, U.S. West, Comcast Cable, National Forest Service, Eagle River Water and Sanitation District, Vail Recreation District, and Eagle County Ambulance District. None of the notified departments responded with any concerns about the proposal. In addition, the applicant obtained signatures from Quest, Excel High Pressure Gas, Holy Cross Electrical, Excel Energy, Eagle River Water and Sanitation District, and AT&T Broadband regarding their approval of the project. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. Staff response: The proposed plat will establish accurate legal descriptions for several lots which were previously unplatted. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land. Staff response: The proposed plat does not pose any negative affect on the natural environment and resources and will preserve the integrity, stability, and beauty of the community. The proposed plat includes a "No Build Zone" on the northern portions of Lots 3 and 4. Note 9 on the proposed plat addresses the "No Build Zone" and states: "The "No Build Zone" sho developed with buildings improvements, landscape improvements, and other allowed in this zone. " Nn on this plat shall not be provided however, drainage improvements, pedestrian similar improvements area The applicant placed the "No Build Zone" on the northern portions of Lots 3 and 4 in order to prevent future owners from constructing buildings on the northern portions of the lot which would obstruct views and encroach upon the Town owned stream tract along Gore Creek. Staff believes that Note 9 needs to be modified to eliminate any confusion over the permitted improvements which can be made within the "No Build Zone". Staff recommends that the term "building" in Note 9 be change to "structure" as to be clearer as to 16 the type of improvements which can be made. Section 12-2-2, Definitions, Vail Town Code, defines "Structure" as: "Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. At the discretion of the design review board, swimming pools and tennis courts may be exempted from this definition. " The use of the term "landscape improvements" in Note 9 includes a wide variety of improvements. Section 12-2-2, Definitions, Vail Town Code, defines "Landscaping" as: "Planted areas and plant materials, including trees, shrubs, lawns, flower beds and ground cover, together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than twenty percent (20%) of the landscaped area. For the purpose of this title, natural or significant rock outcroppings, trees or native vegetation shall be deemed landscaping in single-family, two-family residential, and residential cluster, low density multiple-family, hillside residential, and primary/secondary residential zone districts. " Staff believes that the "No Build Zone" should be limited solely to plant materials and not include walks, decks, patios, terraces, water features, and like facilities. To include walks, decks, patios, terraces, water features, and like facilities, goes against the intent of establishing a "No Build Zone". The applicant has requested that a provision for the potential need of placing a bridge abutment and/or grading for the new skier bridge on a portion of Lot 3 be added to Note 9 in the event the design which is currently under development requires some disturbance and improvement on Lot 3. Such an improvement if necessary would require an easement. The need for placement of abridge abutment and/or grading on Lot 3 will be determined prior to the sale of Lot 3, therefore the applicant will retain ownership. Staff has suggested language to replace Note 9 in Section IX. Findings: The following findings are used for a Major Subdivision: 1. That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 17 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. IX. STAFF RECOMMENDATION Major Subdivision Staff is recommending approval of the proposed fiaal plat for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site. Staff's recommendation is based on the evidence and testimony presented and the criteria found in Section VIII of this memorandum. If the Planning and Environmental Commission chooses to approve this final plat it must make the following findings: The following findings are used for a Major Subdivision: (1) That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. (2) That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land. uses and other applicable documents, and effects on the aesthetics of the Town. If the Planning and Environmental Commission chooses to approve the final plat staff suggests the following conditions: 1) That the applicant shall submit cross-sections for West Forest Road and Forest Court, and revise the plat and construction documents be to show a 68-foot diameter cul-de-sac, measured from flow-line to flow-line, for staff review and approval prior to the recording of the plat. 2) That the applicant shall revise Note 8 on the plat to state, "Lots 1 through 4 as shown on this plat shall not be further subdivided. This prohibition on subdivision shall extend to but not be limited to (a) subdivisions otherwise permitted under the Municipal Code of the Town of Vail, including any provision in effect now or in the future, and (b) judicial partition, provided that partition by sale of an entire lot and improvements without physical division of the lot or improvements shall be permitted. A maximum of two dwelling units shall be permitted on each of the four lots numbered 1 through 4. For the purposes of this provision, an employee housing unit or other housing unit permitted by the Town of Vail through 18 current or later zoning regulations shall be considered to be a dwelling unit under this provision. This prohibition and restriction may be enforced by the Town of Vail, by any owner of a Lot in the subdivision, and/or by any property owner adjacent to the subject subdivision (ignoring the existence of any street for the purpose of determining contiguity)." This note shall be revised prior to recording the final plat. 3) That the applicant shall revise Note 9 on the plat to state, "The "No Build Zone" shown on this plat shall not be developed with structures provided however, drainage improvements, planting improvements, improvements related to the skier bridge located on Tract X, and other similar improvements are allowed in this zone as determined by the Town of Vail zoning administrator.". This note shall be revised prior to recording the final plat 4) That the applicant shall place the correct addresses for the four new lot on the plat as follows; Lot 1 is 618 Forest Court, Lot 2 is 621 Forest Court, Lot 3 is 612 Forest Court, and Lot 4 is 615 Forest Court. These corrections shall be made prior to recording the final plat. 5) That the applicant pays for the cost of new traffic control signs and the installation of the signs at the approved cul-du-sac location on West Forest Road after receiving approval for design and location by the Public Works Department. 6) That the applicant removes the snowcat access from West Forest Road, if an alternative route is reviewed and approved by the Town of Vail. The alternate route shall be proposed by the applicant and reviewed by the Town of Vail prior to the closing of the sale of any one of the four new residential lots approved on the tennis court site. X. ATT,4CHiViE~11'S A. Vicinity Map B. Reduced copy of the proposed Forest Court Subdivision plat C. Public notification 19 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, December 8, 2003 PROJECT ORIENTATION / -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT John Schofield George Lamb Rollie Kjesbo Chas Bernhardt Erickson Shirley Site Visits: MEMBERS ABSENT Gary Hartman Doug Cahill 1. Vail Resorts Tennis Courts-615 West Forest Road 2. David Irwin residence- 1956 West Gore Creek Drive 3. Michael and Iris Smith- 44 West Meadow Drive 4. Lodge Tower South- 164 Gore Creek Drive 5. Manor Vail Lodge- 595 Vail Valley Drive Driver: George ®~ NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm A request for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of Lots 1 and 2, Lodge Subdivision, located at 164 Gore Creek Drive/Lots A, B, & C, Block 5C, Vail Village 1st Filing, and setting forth details in regard thereto. Applicant: Vail Resorts, represented k>y Braun Associates, Inc. Planner: George Ruther Motion: Erickson Shirley Second: Rollie Kjesbo Vote: 5-0 -0 TABLED TO JANUARY 12, 2004 2. A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell Motion: Erickson Shirley Second: George Lamb Vote: 5-0-0 APPROVED WITH CONDITIONS: 1) That the applicant shall submit cross-sections for West Forest Road and Forest Place, revise the plat and construction documents to show a 64-foot diameter cul-de-sac, measured from flow-line to flow-line, for staff review ~h Tl3WN l?F V~! Il. ~ 0 r and approval prior to the recording of the plat, and maintain the height of the snow which may accumulate around the cul-de-sac so that fire access can be maintained to the satisfaction of the Town of Vail. 2) That the applicant shall revise Note 8 on the plat to state, "Lots 1 through ~ as shown on this plat shall not be further subdivided. This prohibition on subdivision shall extend to but not be limited to (a) subdivisions otherwise permitted under the Municipal Code of the Town of Vail, including any provision in effect now or in the future, and (b) judicial partition, provided that partition by sale of an entire lot and improvements without physical division of the lot or improvements shall be permitted. ,4 maximum of two dwelling units shall be permitted on each of the four lots numbered 9 through 4. For the purposes of this provision, an employee housing unit or other housing unit permitted by the Town of Vail through current or later zoning regulations shall be considered to be a dwelling unit under this provision. This prohibition and restriction may be enforced by the Town of Vail, by any owner of a Lot in the subdivision, and/or by any property owner adjacent to the subject subdivision (ignoring the existence of any street for the purpose of determining contiguity)." This note shall be revised by the applicant prior to recording the final plat. 3) That the applicant shall revise Note 9 on the plat to state, "The "No Build Zone" shown on this plat shall not be developed with structures provided however, drainage improvements, planting improvements, improvements related to the skier bridge located on Tract X, and other similar improvements are allowed in this zone as determined by the Town of Vail zoning administrator.". This note shall be revised prior to recording the final plat 4) That the applicant shall place the correct addresses for the four new lot on the plat as follows; Lot 1 is 618 Forest Court, Lot 2 is 621 Forest Court, Lot 3 is 612 Forest Court, and Lot 4 is 615 Forest Court. These corrections shall be made prior to recording the final plat. 5) That the applicant pays for the cost of new traffic control signs and the installation of the signs at the approved cul-du-sac location on West Forest Road after receiving approval for design and location by the Public Works Department. 6) That the applicant removes the snowcat access from West Forest Road, if an alternative route is reviewed and approved by the Town of Vail. The alternate route shall be proposed by the applicant and reviewed by the Town of Vail prior to the closing of the sale of any one of the four new residential lots approved on the tennis court site. 7) That final plat approval is conditional upon the approval of the zoning map boundary amendments which propose to rezoning the four residential lots from Agriculture and Open Space District to Two-Family Primary/Secondary District and the ski-way, Tract X, from Agriculture and Open Space District to Outdoor Recreation District. 3. A request for a setback variance, pursuant to Section 12-6D-6, Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2nd Filing. Applicant: David Irwin Planner: Matt Gennett Motion: Rollie Kjesbo Second: Chas Bernhardt Vote: 5-0-0 VARIANCE DENIED 4. A request for a setback variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a patio in the rear yard setback, located at 44 West Meadow Drive/Lot I, Vail Village 12th Filing, and setting forth details in regard thereto. Applicant: Michael and Iris Smith Planner: Bill Gibson Motion: Rollie Kjesbo Second: George Lamb Vote: 5-0-0 VARIANCE DENIED 5. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge; and a request for a conditional use permit to allow for the construction of Type III Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, located at 595 Vail Valley Drive/Lots A, B, & G, Vail VillagE~ 7th Filing,'and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: Warren Campbell Motion: Rollie Kjesbo Second: George Lamb Vote: 5-0-0 TABLED TO JANUARY 12, 2004 6. A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to Section 12-9A-10, Vail Town Code, to allow for amixed-use hotel; a request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Code, to allow for Type III Employee Housing Units and a fractional fee club; and a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots 9A & 9C, Vail Village 2nd Filing from Public Accommodation (PA) zone district to High Density Multiple Family (HDMF) zone district, located at 28 S. Frontage Rd. and 13 Vail Road/Lots 9A& 9C, Vail Village 2nd Filing, and setting forth details in regard thereto. Applicant: Nicollet Island Development Company Inc. Planner: George Ruther Motion: Rollie Kjesbo Second: George Lamb Vote: 5-0-0 TABLED TO JANUARY 12, 2004 7. A request for a recommendation to thE~ Vail Town Council for proposed updates to elements of the Town of Vail Comprehensive Plan, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Elisabeth Eckel Motion: Chas Bernhardt Second: George Lamb Vote: 5-0-0 TABLED UNTIL JANUARY 12, 2004 8. A request for a recommendation to the Vail Town Council for proposed text amendments to P Section 12-3-6, Hearings, Vail Town Code, to amend the notice requirements for Town of Vail Design Review Board public hearings, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Russell Forrest li~lotion: Rollie Kjesbo Second: George Lamb Vote: 5-0-0 TABLED TO JANUARY 12, 2004 9. A request for a sign variance pursuant to Section 11-4A-1, Signs Permitted in Zone District, Vail Town Code, to a11ow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads)/Lot P, Block 5D, Vail Village 1st Filing. Applicant: A. Luc Pols Planner: Warren Campbell f~Iotion: Rollie Kjesbo Second: George Lamb Vote: 3-2-0 (Schofield, Bernhardt opposed) VARIANCE DEFIED 10. Approval of November 24, 2003 minutes Motion: Rollie Kjesbo iViINUTES APPROVED 11. Information Update Sign Code Funicular Second: Chas Bernhardt Vote: 5-0-0 Tennis Court Rezoning Vail Park (Lots P3) o ERWSD Project 12. Adjournment Motion: George Lamb Second: Erickson Shirley Vote: 5-0-0 ADJOURNED 5:44PIVI 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 Published December 5, 2003, in the Vail Daily a- ~yi. ' ~ Draft Development Agreement " ~ '~ F~.,,, ~. ~ ~ `~ ~, s , January 6, 2004 ~'~ ~~~~ ~ -~ The following is a draft of a development agreement between the Town of Vail (the Town) and Vail Resorts (VR). The purpose of this agreement is to memorialize commitments made during the Planning & Environmental Commission's review of Vail's Front Door Project and to define how and when outstanding tasks will be accomplished (prior to beginning of project construction). Vail's Front Door consists of two distinct, yet related projects. For the purposes of this agreement, the term "Front Door" shall apply to improvements at the base of Vail Mountain (i.e. residences, skier service building, ski club, parking/loading facilities, ski yard) and the term "P3&J" shall apply to improvements at lots P3&J (park, parking lot and parking structure). The term "Project" shall apply to all elements (i.e. both P3&J and the Front Door) of Vail's Front Door. This draft will be presented to the Town Council at an upcoming work session and following Council's input, this agreement will be put into a "legal format" and then presented to the Town Council for their formal review. Upon approval by the Town Council, a final agreement will be recorded and shall be legally binding between the Town and VR. 1. Dedication of Pirate Ship Park VR agrees to dedicate a parcel of land commonly known as Pirate Ship Park to the Town. The parcel to be dedicated is as generally depicted on attached Exhibit A-Pirate Ship Park "the parcel". VR's dedication of Pirate Ship Park is conditional upon approval by the Town of a subdivision application (and any other approvals that may be necessary), to create the parcel. VR agees to incur all expenses associated with the subdivision of parcel,which shall be conveyed to the Town by a special warranty deed. VR will reserve easement rights on the parcel in order to maintain existing (and new) utilities, drainage improvements, etc. In addition, Deed restrictions will be placed on the parcel limiting its use as a town park. The parcel will be dedicated to the Town prior to the issuance of a building permit for P3&J. 2. Off-Site Streetscape Improvements VR agrees to provide a number of public improvements as a part of the Project. A number of these improvements will be located off-site, i.e. off of VR-owned property. Improvements to be provided are generally depicted on attached Exhibit B-Off-Site Improvements Plans. Inmost cases, off-site improvements are located on Town-owned land. In the case of off-site improvements located on privately-owned land, VR's ability to provide such improvements is subject to the Vail's Front Door Draft Development Agreement a Town obtaining approvals from said private property owners. VR agrees that it shall not request a temporary certificate of occupancy for any building within the Front Door or P3&J until such tame that off-site improvements (as maybe associated with either the Front Door or'P3&J) are either completed or financial security in the form of a bond or other suitable means equal to 125% of the estimated cost of said off-site improvement is provided to the Town. The following further defines improvements to be provided for P3&J and the Front Door: P3&J • VR agrees to provide improvements as generally depicted on attached Exhibit B-Off-Site Improvements Plans, Sheet SD-1.09. • For portions of off-site roadways and walkways to be heated, VR agrees to install wirsbo tubing terminated at manifolds. The Town will provide, at their discretion, mainlines to the manifolds, the heat source and on-going operation and maintenance costs. Improvement plans l call for heated walkways in and around the parcel that extend over VR ' property onto the Town right-of--way. In such cases, VR agrees that in lieu of terminating the heat source at the property line, it shall provide heat to a logical terminus such as curbs or flow lines. The parties . acknowledge that this may result in VR providing heat source to small areas immediately adjacent to the parcel. • VR agrees to coordinate the installation of its off-site improvements with any improvements the Town may be making proximate to P3&J. • VR agrees that the final materials and detailed design standards of off- site improvements depicted on Exhibit B will conform to final materials and design standards established by the Town's Vail Village Streetscape Improvement Plans. • In addition to improvements depicted on Exhibit B, VR agrees to provide pedestals, light fixtures, conduit, planter walls, stone veneer, landscaping, irrigation, street furnishings, curb, gutter, and drainage improvements as depicted by the Town's Vail Village Streetscape Improvement Plans within the area that VR is providing public improvements. • Off-site improvements for P3&J shallbe included in building permit applications for the parking structure and related improvements for P3&J. Fmnt l~~~r VR agrees to provide improvements as generally depicted on attached Exhibit B-Off-Site Improvements Plans, Sheets SD1.10 and SD1.11. VR agrees to provide a new "Check Point Charlie" building in conjunction with off site streetscape improvements. The approved footprint (i.e. building size) of the new" Check Point Charlie" building is as generally depicted on Exhibit B. The location is approved subject Vai]'s Front Door Draft Development Agreement r to VR and the Town making a final determination that the location is the most suitable location. This determination shall be made by the PEC based upon traffic circulation patterns and experiments of operations at possible locations one year following the completion of roadway and streetscape improvements on Vail Road/Willow Circle proximate to the Lodge at Vail. If ultimately approved in the location as generally depicted on Exhibit B, VR agrees to include two bathrooms within the new" Check Point Charlie" building. o For portions of off-site roadways and walkways to be heated, VR agrees to install wirsbo tubing terminated at manifolds. The Town will provide mainlines to the manifolds, the heat source and on-going operation and maintenance costs. Notwithstanding the above, it is agreed that VR will provide the heat source and ongoing operation and maintenance costs for the sidewalks along the east side of Vail Road. The Town will provide the heat source for road between Vail Road and Gore Creek Drive. o VR agrees to coordinate the installation of their off-site improvements with any improvements the Town maybe making proximate to the Front Door. o VR agrees that the final materials and detailed design standards of off- site improvements depicted on Exhibit B will conform to final materials and design standards established by the Town's Vail Village streetscape Improvement Plans. This plan is currently under review by the Town and it is expected that final adoption of the plan (and determination of final design and materials for these improvements) will be made by December 1, 2004. o In addition to improvements depicted on Exhibit B, VR agrees to provide pedestals, light fixtures, conduit, planter walls, stone veneer landscapin ,irrigation, street furnishings in locations depicted by the Town's Vail Village streetscape Improvement Plans within the area that VR is providing public improvements. o Off-site streetscape improvements to be provided as an element of the Front Door will be included in building permit applications for the Front Door. In the event the Town has not approved final design and materials for these improvements, it is understood that VR shall be entitled to submit building permit applications for the Front Door that do not include said off-site streetscape improvements and that the Town will not unreasonably withhold issuance of said building permit. Under this circumstance, VR's obligation to provide such off-site improvements shall not be relieved. VR will, however, be entitled to propose final design and materials for said improvements to the Design Review Board for their review and approval. 3. P3&J Parking Structure Vail's Front Door Draft Development Agreement 3 A portion of the VR underground parking structure proposed and approved on lots P3&J is located within the Town's Hanson Ranch Road right-of--way. The Town agrees to provide a perpetual easement for the portion of parking structure located within the right-of--way as generally depicted on attached Exhibit C-Vail Park and Garage P3&J. The Town also agrees to provide a temporary construction easement to allow for the construction of this structure. The location of the temporary construction easement will be defined during the Town's review of proposed construction staging/public way permits. The perpetual easement and the temporary construction easement will become effective upon issuance of a building permit for the parking structure. 4. Loading Facility VR agrees to provide a license agreement (to be recorded) allowing for public use of fourteen loading bays as generally depicted on attached Exhibit B- (sheet SD 1.12). The agreement will also provide public vehicular access via the tunnel from Vail Road and public hand cart/dolly access through hallways and elevators of the Front Door. VR reserves the right to establish priority use for up to three loading bays in order to meet the loading needs of the Lodge at Vail and the Front Door. Said agreement will be provided prior to the issuance of a certificate of occupancy for the loading facility. In addition to the license agreement, an operating and management agreement between the Town and VR will be executed. This agreement will outline specific terms of the use of the loading facility and address, among other things, hours of operation and the sharing of maintenance, utility and other costs associated with the facility. The operating and management agreement is to be completed prior to the application for a building permit. At the discretion of the Town of Vail, an Advisory Committee maybe created to establish a forum for potentially affected parties to propose, critique, and make recommendations to the Vail Town Council on operational and management issues associated with the loading/delivery facility, vehicular transportation and circulation issues associated with Vail's Front Door. The Committee shall be comprised of representation from the Town of Vail (Town Manager or designee), Vail Resorts, and other potentially affected parties. The Commission shall convene on an "as needed" basis. The Committee is advisory in nature and shall have no decision-making authority. 5. Public Art VR agrees to fund $1,000,000 in public art in conjunction with the development of the Project. The type and location of art to be provided will be determined solely by VR. VR agrees, however, to obtain input from the Town's Art in Public Places Board (AIPP). Such input is to be provided at a regularly scheduled public meeting of the AIPP Board. VR agrees to provide a conceptual plan for the public art prior to the issuance of a building permit for the Front Door. The Vail's Front Door Draft Development Agreement timing for installation of the public art will be coordinated with the construction schedule for the project. 6. Use of Ski Yard VR agrees to make the proposed Vista Bahn Ski Yard (as generally depicted on the approved development plans for the Project), available for community events, activities and other public uses. VR further agrees to maintain and make the restrooms within the skier services building available for public use during the hours of operation of the building. Use of the Ski Yard is subject to VR approval based upon scheduling availability of the Yard. At it's discretion, VR may require insurance/liability releases from the users of the Ski Yard and depending upon the nature of the proposed activity, may require clean-up and/or damage deposits and reimbursement of direct costs. As a part of the re-development of the Ski Yard, VR agrees to provide an electrical power source for such events and conduit to be used to run electric lines, speaker lines, etc. VR agrees to obtain input from the Commission on Special Events regarding the location of such improvements. Special events permits (if required) necessary to stage events at the Ski Yard, or any other coordination with the Town's Commission on Special Events shall be the responsibility of those proposing the special event. 7. Annexation The annexation to the Town of the USFS exchange parcel will be conditioned upon the Town's approval of the components of the development plan within that exchange parcel, and the Town's adoption of the contemplated zoning for that parcel. Correspondingly, and for the benefit of both parties, the Front Door development agreement, and any other Town approvals for the Front Door, will be conditioned upon the completion of the annexation of the Forest Service exchange parcel with the requisite zoning and development plan approvals. Development of the Front Door must proceed as one integrated project. A separate but linked annexation/development agreement maybe needed for the Forest Service exchange parcel. However, at VR's election, P3&J maybe severed from the Front Door, in which case the development agreement provisions would continue in effect to the extent they relate to P3&J. If P3&J is to proceed prior to the development of the Front Door, it is agreed that the proposed skier drop off on Hanson Ranch Road will continue to be used for loading and delivery until such time the loading facility at the Front Door is completed. 8. Vested Rights The annexation agreement/development agreement will establish vested development rights for the Front Door and P3&J of years from adoption. Vail's Front Door Draft Development Agreement •, 9. Wildflower Chute VR shall submit a partial topographic map of the alleyway east of the Lodge at Vail to the Town of Vail Community Development Department. The topographic information shall be used to determine the feasibility of providing handtruck delivery access to Gore Creek Drive from Founder's Plaza. VR agrees to evaluate the opportunity for reconstructing the alleyway to minimize the grade to provide improved handtruck delivery access to Gore Creek Drive. If it is determined by the Town and VR to be both fea:;ible and advantageous to provide handtruck delivery access to Gore Creek Drive via the Wildflower alleyway, VR shall submit a revised set of Off site Improvement 1?lans to the Town of Vail Community Development Department for review and approval and further agrees to construct the improvements as approved. 10. Easements VR shall legally execute all necessary easements and agreements allowing for public roadway access, drainage, signs, utilities, etc. on and across the development site. Said easements and agreements shall be submitted to the Town of Vail Community Development Departrent for review and approval by the Town. All easements and agreements shall be duly recorded with the Eagle County Clerk and Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Vail's Front Door Project improvements. 11. Traffic Impact Fee VR agrees to contribute $5,000 per additional vehicle trip in the peak hour generated to the development site to the Town as a result of the constriction of Vail's Front Door. This contribution is required to mitigate the development impacts associated with Vail's Front Door. The Town agrees to waive this impact fee in lieu of VR agreeing to construct the approved loading and delivery facility on the development site and the required of off site improvements as depicted on Exhibit B. Vail's Front Door 6 Draft Development Agreement fUiEfyiORANDUiyi TO: Town Council FROM: Community Development Department DATE: January 6, 2004 SUBJECT: Proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two- Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et. al. Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST Proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) zone districts, and setting forth details in regard thereto. The purpose of this item is to allow Staff to present an overview of the Planning and Environmental Commission's policy recommendations concerning the proposed GRFA regulation amendments. The goal of this presentation is for each Council Member to understand the policy recommendations of the Planning and Environmental Commission, along with the background and rational for the recommendation. Comprehension of these policy recommendations will assist the Town Council in understanding the Planning and Environmental Commission's specific text amendment recommendations. II. BACKGROUND With the encouragement of the Planning and Environmental Commission, in the fall of 2002 a group of local citizens submitted a text amendment application to the Town of Vail proposing to amend the Town's GRFA regulations. The initial application proposed a wholesale repeal of the GRFA regulations. The Planning and Environmental Commission reviewed this request at its October 14, 2002, January 27, March 24, June 9, June 23, July 14, August 11, and September 8, 2003, public hearings. Town Staff also discussed the proposed text amendments with the Design Review Board at its June 4, 2003, meeting. 1 Additionally, Staff facilitated a GRFA Focus Group discussion with an informal group of local architects, attorneys, builders, developers, homeowners, planners, and realtors to discuss the proposed text amendments on May 22 and June 5, 2003. Staff presented updates of the Planning and Environmental Commission's deliberations to the Town Council at its April 15 and July 15, 2003, work sessions. On September 8, 2003, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for proposed text amendments to the gross residential floor area (GRFA) regulations for Vail's residential zone districts. The Planning and Environmental Commission ultimately recommended revising the GRFA regulations rather than repealing the regulations in whole. On October 7, 2003, the Town Council established a review scheduled for the proposed text amendments. At the Town Council's December 2, 2003, work session, Town Staff presented a detailed overview of the Town's current GRFA policies. III. DESIGN REVIEW BOARD, FOCUS GROUP, AND PLANNING AND ENVIRONMENTAL COMMISSION DISCUSSIONS The following is a summary of the Design Review Board, GRFA Focus Group, and Planning and Environmental Commission discussions related to proposed text amendments to the GRFA regulations: Design Review Board Discussions The following is a brief summary of the June 4, 2003, Design Review Board comments concerning the proposed GRFA text amendments: • Apprehensive about eliminating GRFA limits in the residential zone district. • Eliminating GRFA limits will place a greater burden on the Design Review Board to control bulk, which may be difficult only using design guidelines. • Updating the existing design guidelines with photographic examples may be helpful regardless of any changes to the GRFA regulations, as long as the existing flexibility of the guidelines is maintained. • The Design Review Board's decisions can be subjective, and should not be made more subjective by eliminating GRFA limits. • Significant increase in development potential on larger lots is a concern. • Simplified form of GRFA or an FAR (floor area ratio) should be maintained. • Simplified form of GRFA or FAR should be measured from the exterior of a building and basement areas (as defined by the building code) may be excluded. 2 l~ GRFA Focus Groue~ Discussio The following is a brief summary of the May 22 and June 5, 2003, GRFA Focus Group comments concerning the proposed GRFA text amendments: accepted GRFA reform "principles": o GRFA reforms should be simpler to understand, implement, and enforce. o GRFA reforms should be equitable. o GRFA reforms should address related Town zoning regulations. o GRFA reforms should not negatively impact property sales or values. o Government should not regulate the interior use of homes. o GRFA reforms should improve compliance with building and fire codes. o GRFA reforms should not dramatically increase development potential. Accepted GRFA reform alternatives: o No changes to the existing GRFA regulations. o Eliminate GRFA (including adjusting other regulations such as site coverage and design guidelines). o Convert to a volumetric measurement system. o Simplify the existing GRFA regulations (including options such as not counting below-grade spaces as GRFA, measuring GRFA from the outside face of exterior walls, and simplifying the calculations by eliminating credits, etc.). Evaluation of GRFA reform alternatives: o No change to the existing GRFA regulations was unanimously eliminated as a viable alternative. o Converting to a volumetric system was unanimously eliminated as a viable alternative due to its complexity. o Eliminating GRFA was considered a viable alternative: Pro's: Simplifies the architectural design process. Simplifies the review process. o Eliminates illegal construction and encourages safer construction. o May encourage improved safety. o Treats neighbors equally. o Allows homeowners to utilize existing house volumes. o Doesn't adversely affect property values. Eliminates government regulation of interior uses. Con's: o More pressure on the Design Review Board to control the size of homes. o Encourages flat roofs to maximize volume. o Encourages "office building" like box-shaped homes. o Increases site disturbance. o Impacts numerous other Town regulations. 3 • Significant increase in development potential unless other regulations are changed. • Requires adjustments to site coverage and/or building height calculations and design guidelines. o Simplifying GRFA (including not counting below-grade spaces as GRFA, measuring GRFA from the outside of exterior walls, and simplifying the calculations) was considered the best alternative: Pro's • Maintains the existing system. • Simplifies the review process. • Doesn't effect other Town regulations. • Doesn't adversely affect property values. • Doesn't significantly increase development potential. • Encourages better design than eliminating GRFA (doesn't encourage flat roofs or box-shaped buildings). • Treats neighbors equally. • Less incentive for illegal construction. • Much less regulation of interior uses. • More politically acceptable alternative. Con's • Continues to regulate interior uses. • Some loop holes can still be exploited. • SomE; details of how to simplify GRFA are unresolved. Additional comments included: o Good design principles should drive the architecture of a home not a zoning regulation. o Interior conversions for all homes, regardless of the date they were constructed, should be considered. o Currently a developer hits only one road block in term of development standards (i.e. GRFA or site coverage, etc.); but without a GRFA limit a developer will hit several road blocks at the same time including setbacks, site coverage, height, etc.; thus creating a larger and less attractive building. o The existing garage credits should not be changed. o Building height regulations should be revised at a later date. o GRFA has not effectively controlled bulk and mass, and there are many ways to increase house sizes without increasing GRFA calculations. o GRFA does effectively control bulk and mass. o bulk and mass controls are necessary, but not using a square footage limit. o existing GRFA regulations are confusing. o market valuE; will determine house sizes. o GRFA increase house values by limiting "supply" in a market of unlimited demand. o site coverage, building height, and setbacks control bulk and mass, not GRFA. o the design guidelines should be more specific, but still allow flexibility. 4 o Vail's design review process is better than the other local areas. o Eagle County floor area definitions should be considered. o developers will always maximize their development potential. o basements and crawlspaces should not count in GRFA or FAR. o a single, maximum GRFA number should be considered, i.e. Lionshead. o the GRFA credits should be eliminated. o GRFA should be calculated from the outside of a building's walls. o GRFA regulations are essential to preserving the sizes of homes constructed today. o The Town's building height regulations need to be modified to address steep sloped lots. o If GRFA is eliminated there is no need for both aTwo-Family and aTwo-Family Primary/Secondary zone district. o Volumetric measuring technology needs to be explored further. Planning and Environmental Commission Discussions The following is a brief summary of some key discussions of the Planning and Environmental Commission during the course of its eight public hearings on this topic: Positives and Negatives of the existing GRFA regulations: Positives: o Current GRFA regulations are an effective tool in regulating the density and intensity of residential uses. o Current GRFA regulations are an effective tool in regulating the physical bulk and mass of residential buildings. o Current GRFA regulations area known and accepted quantifier for development potential in Vail. o Current GRFA regulations encourage creative architectural design. Negatives: o Current GRFA regulations are complex and cumbersome. o Current GRFA regulations have loop holes that allow unnecessary bulk and mass resulting in buildings that appear larger than the floor area numbers reflect. o Current GRFA regulations create inequalities between neighbors in the same zone district. o Current GRFA regulations have inadvertently encouraged illegal construction. o Current GRFA regulations have inadvertently encouraged the illegal elimination of employee housing units. o Current GRFA regulations create additional time and financial costs for homeowners and builders, and are time consuming for the Town to administer. 5 w'. o Current GRFA regulations do not encourage the construction of below grade spaces. GRFA reform principles accepted by the Planning and Environmental Commission: o GRFA reforms should be simpler to understand, implement, and enforce. o GRFA rE_forms should be equitable. o GRFA reforms should address related Town zoning regulations. o GRFA reforms should not negatively impact property sales or values. o Government should not regulate the interior use of homes. o GRFA reforms should improve compliance with building and fire codes. o GRFA reforms should not dramatically increase development potential. GRFA reform alternatives considered by the Planning and Environmental Commission: No changes to the current GRFA regulations Given the negatives of the existing GRFA regulations, the Planning and Environmental Commission determined that the current GRFA regulations are in need of reform. Eliminate GRFA in whole The Planning and Environmental Commission determined that repealing all current GRFA regulations is not a viable alternative to address the negatives of the Town's current zoning regulations. The Planning and Environmental Commission determined that maintaining sorne form of floor area regulation serves a positive public purpose. Replace GRFA with a volumetric measurement system The Planning and Environmental Commission determined that theoretically a volumetric measurement system more effectively regulates bulk ~~nd mass than a floor area measurement system; however, in practice a volumetric measurement system will be too complex and impractical to administer. Replace GRFA with a floor area ratio (FAR) system The Planning and Environmental Commission determined that modifying the current GRFA regulations to be a simpler floor area ratio (FAR) type system is the most appropriate means of addressing the negatives of the current regulations. • Renaming GRFA to FAR: The Planning and Environmental Commission determined that renaming the amended GRFA regulations to FAR, or some other name, will convey a message to the public that these regulations have changed and are different than today's GRFA. 6 l~ Staff is apprehensive about eliminating the term GRFA. The term GRFA is cross-referenced in numerous chapters of the Town's zoning regulations, Town's development standards handbook, numerous Special Development District provisions, and various subdivision plats. While it is possible to re-codify these other Town regulations, it may be a complex and time consuming process. o Defining GRFA: Deductions The Planning and Environmental Commission determined that all horizontal areas of a structure shall be counted as GRFA, and then certain areas shall be deducted from the GRFA calculation. RacEtmantc The Planning and Environmental Commission determined that below grade portions of basements should be deducted from GRFA calculations. Vaulted spaces The Planning and Environmental Commission determined that vaulted or open to below spaces should be counted as GRFA to more accurately measure bulk and mass. Crawlspaces The Planning and Environmental Commission determined that crawlspaces should also be deducted from the GRFA calculations. Other Deductions The Planning and Environmental Commission determined that other areas previously deducted from GRFA calculations such as garages, attics, etc., with the exception of vaulted spaces, should continue to be deducted in a similar manner. Inside or outside of exterior walls The Planning and Environmental Commission determined that the current method of measuring GRFA at the inside face of the exterior walls should be revised to measure GRFA from the outside face or the exterior walls to more accurately calculate building bulk and mass. o Amount of allowrable GRFA: 250 Ordinance and Interior Conversions The Planning and Environmental Commission determined that the "250 Ordinance" and the "Interior Conversion" GRFA bonuses should be repealed in their entirety due to the inequalities of property rights that are created by these regulations. In an effort to afford these bonuses to all properties and to not create non- conformities, the proposed GRFA calculation formulas should be increased over the current calculations to compensate for the elimination of these bonuses. 7 ~r Formulas The Planning and Environmental Commission determined the allowable GRFA calculations and bonuses should be consolidated into one formula: • Current allowable GRFA square footage, plus • "425" or "225" GRFA bonuses, plus • 250 sq. ft. per allowable dwelling unit to compensate for thie repeal of the "250 Ordinance", plus • 15% square footage increase to compensate for the counting of vaulted spaces as GRFA and to address past "Interior Conversions" of vaulted space GRFA bonuses, plus • 10% square footage increase to compensate for exterior walls counting as GRFA The Planning and Environmental Commission determined that the proposed GRFA formulas should not be calibrated to compensate for past "Interior Conversions" of crawlspaces, as the proposed text amendments allow for the deduction of below grade basement areas from the GRFA calculations. GRFA amendments and non-conforming properties: The Planning and Environmental Commission determined that any amendment to 'the GRFA regulations should create as little non- conformity as possible. However, should any property become non-conforming as a result of these text amendments, the provisions of Chapter 12-18, NONCONFORMING SITES, USES, STRUCTURES AND SITE IMPROVEMENTS, Vail Town Code, shall apply. Town regulations directly affected by amendments to the current GRFA regulations: o Title 12, Zon ing Regulations, Vail Town Code Capter 2.: Definitions Chapter 6: Residential Districts Chapter 7: Commercial and Business Districts Chapter 8: Open Space and Recreation Districts Chapter 9: Special and Miscellaneous Districts Chapter 10: Off-Street Parking and Loading Chapter 11: Design Review Chapter 13: Employee Housing Chapter 14: Supplemental Regulations Chapter 15: Gross Residential Floor Area (GRFA) Chapter 16: Conditional Use Permits Chapter 18: Nonconforming Sites, Uses, Structures and Site Improvements o Title 14, Development Standards Handbook, Vail Town Code o Special Development Districts o Subdivision plats containing notes and restrictions related to GRFA 8 Other Town regulations to be considered while amending GRFA: Employee Housing The proposed text amendments increase the GRFA bonus for Type I and Type II EHUs to compensate for exterior walls being counted as GRFA. The Vail Local Housing Authority (VLHA) has indicated that the proposed amendments to the GRFA regulations will not have a significant impact on employee housing. The Housing Authority is currently reviewing the Town's employee housing policies on a more global scale, beyond the scope of GRFA. Design Guidelines The Planning and Environmental Commission determined that the Town's current Design Guidelines should be evaluated to ensure any proposed GRFA amendments do not negatively affect design. The Town of Vail Design Review Board (DRB) expressed its concerns about the reform alternative of eliminating GRFA in its entirety. The DRB has indicated that if some form of floor area measurement regulation is maintained, they do not perceive a need for additional design guidelines and standards. Parking The Planning and Environmental Commission determined that the current off-street parking requirements should be simplified and need to be increased for larger residential dwellings. Amnesty Provisions The Planning and Environmental Commission determined that GRFA provisions should allow property owners with previously, illegally constructed GRFA to apply, without retribution, for design review and building permit approval in accordance with the amended GRFA regulations. Key policy elements of the Planning and Environmental Commission's GRFA text amendment recommendation: o GRFA amendments should be phased to first apply to the Town's residential zone districts and the commercial districts in the future o GRFA renamed to FAR (Floor Area Ratio) GRFA formulas converted to FAR type formulas o FAR measured from the outside of the exterior building walls o All areas of a structure are calculated as floor area except for existing specific deductions (i.e. attics, crawlspaces, garages, etc.) 9 • Portions of a basement deducted from GRFA calculations • Vaulted spaces included as floor area • Airlocks included as floor area • "250 Ordinance" GRFA bonus repealed • "Interior Conversion" GRFA bonus repealed • Stairs included as floor area on every level in multiple-family structures • Definition of "Site Coverage" clarified • Standard parking requirements simplified and increased • Amnesty for previous illegal construction brought into compliance with new regulations IV. DISCUSSION ITEM Does the Town Council agree with the following GRFA reform principles accepted by the GRFA Focus Group and the Planning and Environmental Commission? If the Council does not agree with these principles, what goals and principles does the Council believe pertain to amending the GRFA policies? 1. GRFA reforms should be simpler to understand, implement, and enforce. 2. GRFA reforms should be equitable. 3. GRFA reforms should address related Town zoning regulations. 4. GRFA reforms should not negatively impact property sales or values. 5. Government should not regulate the interior use of homes. 6. GRFA reforms should improve compliance with building and fire codes. 7. GRFA reforms should not dramatically increase development potential. V. STAFF RECOMMENDATION Listen to a staff presentation summarizing the Planning and Environmental Commission's policy recommendations related to the proposed Gross Residential Floor Area (GRFA) text amendments. V. NEXT STEPS January 20: Topic: Staff presentation of specific text amendments recommended by the Planning and Environmental Commission. Action: Provide Staff with policy direction alternatives for consideration. 10