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HomeMy WebLinkAbout2007-08-21 Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, AUGUST 21, 2007 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change and , cannot be relied upon to determine at what time Council will consider an item. 1 ~ ITEM/TOPIC: Citizen Participation. (15 min.) 2. Stan Zemler ITEMlTOPIC: Town Manager's Report. (10 min.) • Vail 20/20 Update . • Loading & Delivery Update . • Construction Update. 3. Matt Mire Judy Camp ITEM/T'OPIC: Resolution No. 19, Series of 2007, a resolution submitting to the registered elect f Stan Zemler ors o the Town of Vail, Colorado, at a regular municipal election held on November 6, 2007 a ballot i , ssue concerning .the adoption of a use tax to finance capital projects and acquisitions: and providing other details relating th ereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 19, Series 2007. BACKGROUND RATIONALE: See separate memo. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 19, Series 2007. 4. Gregg Barrie ITEMITOPIC: Katsos Ranch Trail Im rovem t p en s. (10 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with B & B E xcavating, Inc. in an amount not to exceed $ 741,258.60 for the Katsos Ranch Trail Improvements Project. BACKGROUND RATIONALE: The Gore Valley Trait through the Katsos Ranch Open Space was originally constructed by Town crews in the mid 1980's. Since then, only minor repairs have been made to th e two mile long path. Many sections are in disrepair due to unstable subgrades, deteriorating pavement, and areas that tend to flood during spring runoff. The Katsos Ranch Trail Improvements project includes grading, drainage, and alignment work, as well as an asphalt paving overlay along the full length of the path. STAFF RECOMMENDATION: Staff recommends approval of the project. 5. Rachel Friede ITEM/TOPIC: The applicant, The Wren Association, is requesting permission to proceed with an encroachment agreement with The Town of Vail to allow the construction of a portion of a retaining wall on Town of Vail property. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or deny the request to proceed with an encroachment agreement. BACKGROUND RATIONALE: It is the desire of the applicant to replace an existing retaining wall that encroaches onto the Town of Vail owned unplatted Ford Park adjacent to The Wren. An encroachment agreement was not formally obtained for the original retaining wall. The applicant has received design review approval with the condition that they obtain an encroachment agreement with the Town of Vail STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the applicant's request to proceed with an encroachment agreement. 6. Scott Hunn ITEM/TOPIC: The Community Development Department Staff is requesting review of a draft Request for Proposal (RFP), the purpose of which is to hire the services of a planning team (Consultant) to work with the Town of Vail to develop a master plan and site plan alternatives for the combined Chamonix and Wendy's properties (the "Chamonix Site"). (10 min.) ACTION REQUESTED OF COUNCIL: Direct Staff to proceed with RFP process and make any suggested revisions to the RFP document, as well as the proposed master planning goals and schedule. BACKGROUND RATIONALE: In October 2002, The Town of Vail acquired a 3.6 acre parcel of land (the "Chamonix" property) in West Vail for $2.6 million. In 2004, the town engaged in master planning of this site to identify uses and alternative site designs for a fire station as well as employee housing as primary uses. A master plan for this site was adopted via Ordinance No. 17, ~ Series 2005. No further actions have been taken relative to development of this site. However, the town has recently entered into a contract to purchase the adjacent 1.25 acre "Wendy's" property, which is believed to be a better location for a fire station (and additional/potential co-uses), further preserving the majority of the adjacent Chamonix site for residential (employee housing) and other development. The proposed RFP represents the firstpsteptinl an effort by Staff to commence master planning of the combined Chamonix Site. STAFF RECOMMENDATION: The Community Development recommends that the Town Council directs Staff to proceed through the RFP process. 7. Kathleen Halloran ITEMlTOpIC: FIRST READING OF ORDINANCE N0. 24, Series of 2007, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND HEALTH INSURANCE FUND OF THE 2007 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. (15 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading of Ordinance No. 24, Series of 2007. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 24, Series of 2007, upon first reatling. 8. George Ruttier ITEM/TOPIC: First reading of Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-68-2, 12-66-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12.13-4, Vail Town Code, Employee Housing Units from a conditional use to a perm tted use inl the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 25, Series of 2007, on first reading. BACKGROUND RATIONALE: On August 13, 2007, the Planning and Environmental Commission forwarded a recommendation of approval for the proposed amendments by a vote of 6-0-0. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 25, Series of 2007, on first reading. 9. Matt Mire ITEMJTOPIC: First reading of Ordinance No. 26, Series of 2007, an ordinance approving the sale of the deed restricted property in the Town of Vail legally described as Vail Heights Condominium Unit # 11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail, Colorado; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 26, Series of 2007, on first reading. BACKGROUND RATIONALE: On May 29, 2007 the Town of Vail bought Vail Heights Unit #11 for $280,000. The unit is a one- bedroom, one-bathroom unit in West Vail. The purpose of purchasing the unit was to add inventory to the Town's housing stock for its employees. The Town wiN sell the unit to a mechanic in the Town's Public Works Department at the end of August, 2007 at a deed restricted price of $174,500. STAFF RECOMMENDATION: Approve Ordinance No. 25, Series of 2007, on first reading. 10. Warren Campbell ITEM/TOPIC: Second reading of Ordinance No. 18, Series of 2007, an ordinance amending the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 18, Series of 2007, on first reading. BACKGROUND RATIONALE: On June 11, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on the request to amend the prescribed zoning regulations for the Hillside Residential District to increase allowable site coverage from 15% to 20%. Upon consideration of the request, the Commission approved a motion recommending approval of the text amendment to the Vail Town Council by a vote of 5-1-1(Cleveland opposed, Gunion recused). On July 17, 2007, the Town Council unanimously tabled this item after providing feedback. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. i 8, Series of 2007, on second reading. 11. ITEM/TOPIC: Adjournment. (8:15 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, SEPTEMBER 4, 2007 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. f~i~ ~~ Loading & Delivery Working Group Meeting Notes from August 16, 2007 1. Working Group Members in Attendance Vail Town Council Rod Slifer, Mayor Farrow Hitt, Mayor Pro Tem Vail Chamber & Business Association Kaye Ferry Vail Vallev Partnership Michael Robinson (represented by Monica McCafferty) Retail Troy Goldenberg, Troy's Ski Shop Bill Shoff, Gorsuch Restaurant Matt Morgan, Sweet Basil Michael Staughton, Los Amigos & Russell's Lod in Bob Fritch, Sitzmark Vendors Bob Dubois, Budweiser/Orrison Distributors Jim Armstrong, U.S. Postal Service Michael Hinkley, Coors (represented by Jerry Zywiec) James Cook, Shamrock Foods (represented by David Sohlaffer) Brad Ryan, Sysco Denver Residential Bill Hanlon Facilitator Stan Zemler, Town. Manager 2. Continued Review of 3 Options 1. Delivery town wide from 4AM - 830AM and then off the streets • Will need enforcement officers. • Concern about keeping spaces available • Problem with all trucks moving out at 830AM • Would be noisy early • Are there appropriate alternative locations for after 8:30 a.m.? (Added 811.6) 2. Delivery town wide from 4AM - 830AM on Bridge Street and Hanson Ranch, until 1130AM on Gore Creek Drive, then off the streets • What happens/where to go after open period is over • Are there appropriate alternafive ocations for after 8:30 a.m.? {Added 8/16) • Would be noisy early • What happens after 830AM to access Hanson Ranch Road? (Town meeting minutes show preference for use of Front Door bays with consideration of Hanson Ranch Road if seen as a necessity. Added 8/16) • Use this corning winter to refine existing operations, such as expanded hours for Checkpoint Charlie and better enforcement (Added 8/16) • Spend some time observing when/how/why violations occur and adjust policies and/or enforcement as needed. Also,.. revoke all existing loading and delivery passes and start over; businesses owners shouldn't get a pass simply by default (Added 8/16) 3. Delivery town wide from 7AM - 9AM, then off the streets • Reduces some noise early • Increases time and cost of delivery • Not enough bays • Impacts the system • .There is a potential DOT impact (16 hours per day max; 60 hours per week max) ' • Volume of pedestrians through the day impacted • Not enough time to service clients with heavy volume (Added 8116) • Extend time limit (Added 8/16) • Deliveries must be taken to other areas, too. This isn't just about Bridge Street and Vail Village. Everyone else has timing needs, too. Added 8/16) 3. Continued Review of Exceptions With the exception of service trucks, such as p{umbels, no blanket exceptions should appty (Added 8l1fi~ 1. Post office, UPS, FedEx, Couriers -designated locations? Would shop owners consider having items delivered to their. homes instead of businesses? Could additional loading zones be created for courier tle{ivery? (Added 8/16) 2. Large volume -needs to be managed (Added 8116) 3. Galleries - needs to be managed (Added 8/16) 4. Flower shop/perishables -need more information (Added 8/16) 5. Big items (furniture, etc.) -needs to be managed (Added 8/16) 6. Weather/road closures 7. Mechanical breakdown 8. Service trucks (i.e. plumbers) Full exception (Added 8/16) 9. Some Town of Vail vehicles 10. Trash 11. New drivers -Could TOV provide a map of zones and businesses? (Added 8/16) 12. Moving vans -needs to be managed (Added 8/16} 13. Special events 14. CME, taxis -need same guidelines for upper Bridge Street (Added 8116) 15. Holiday season -possibly increase time periods for on-street delivery? (Added 8/16) 16. Hazardous materials 2 17. Off-season flexibility - rerrtove `from list (Added 8/16) 18. Handicapped vehicles 19. A la carte deliveries, pizza deliveries 20. Horse carriages -policies already in place (Added 8/16) 21. Personal vehicles -same rules apply (Added 8/16) 22. Stretch Limos -needs to be managed (Added 8116) 23. Wells Fargo armored vehicle (Added $/16) 4. Q&A from Walking Tour and 8/2 Meeting Q.: Is the exit from the Solaris loading and delivery bays a right turn only? What is the best route to head west? A.: The exit is a rightturn only. The best way to head west would be to plan your delivery route so it provides a logical turnaround, such as deliveries to Golden Peak, Vail Golf Course. If you do not have any additional deliveries, the turnaround at Ford Park works well Q.: What are the plans for product security of a loaded elevator at the Front Door? Will there be public access to this area? A.: The loading dock will not have public access. The elevators could have security codes. The elevators could have cameras. Q: What is the potential for the Town of Vail to schedule deliveries and locations? A.: The Town of Vail will not schedule deliveries. Q.: Will pallets and pallet jacks be available at the Front Door elevators? The Park Hyatt at Beaver Creek makes the pallet jack available to delivery companies who have a key to unlock it from the rail and use it when necessary. A.: Pallets and pallet jacks will not be provided, unless it is deemed necessary; then an arrangement can be worked out. We may be able to do a similar situation as the Park Hyatt to be worked out with the Lodge at Vail Q.: What is the largest truck the Front Door can accommodate? A.: WB 50 (i.e., a semi tractor and trailer with a 50-foot wheel base/55 feet bumper to bumper) Q.: Please provide the plans from the Front Door showing the turning radius at the August 76 meeting. A.: Plans were provided showing turning radius at both Front Door and Vail Plaza Hotel. Q.: Can refrigerator trucks be left running in the Front Door? A.: Yes, refrigerator units can be left running at the Front Door. Q.: How will segregation of skiers from loading and delivery personnel be handled at the Front Door? A.: By design, the new ticketing window and the exit/entrance from the L/D elevator result in separated travel paths. See site map at next meeting. Q.: Will there be scheduling of Front Door bays? Who will handle and monitor? A.: There will be no scheduling of the bays at the Front Door at this time. The bays are available on a first-come first-served basis. A site visit to Beaver Creek is warranted to 3 s see how aself-regulated loading and delivery facility operates successfully. If needed, an on-site manager will be available. Q,: Is the area east of Vail Plaza garage heated? If not, are there plans to heat it? A.: No, the area to the east of the Vail Plaza hotel is not heated. Presently, there are no plans to heat the space. It is expected to be maintained by the property owner along with the regular maintenance of the property. Q.: Please consider signage to encourage pedestrians to walk past Checkpoint Charlie onto Gore Creek Drive to let them know it is a signature spot for a photo. A.: Suggestion has been forwarded to Vail Economic Advisory Council. Q.: What is the solution for Gore Creek Drive merchants and other merchants requiring delivery after 830AM? A.: One solution is to use the area north of the International Bridge. Q.: What is the solution to delivering to the lower pod of Bridge Street? 7. Can the alley be opened behind this block? 2. How will trash trucks obtain access to this alley? 3. Can the alley be heated? 4, Will Buzz's location still be an option for dispersed loading and delivery? A.: Research is continuing regarding possible use of the alleyway. Reopening the area by Buzz's blocks a storefront after 8:30 a.m. Perhaps Hanson Ranch Road could be a .possibility until noon. Q.: Will Checkpoint Charlie move or go away? A.: This will be decided once a loading plan is established and the Front Door opens for business. Q.: Can there be a monitoring system or lights to alert drivers when Vail Plaza and One Willow Bridge bays are full? A.: Yes. This is possible. Q.: Can we develop an overflow plan for Front Door and all other loading and delivery bays? A.: Yes. This needs to be part of the plan recommended to the Town Council. 5. Next Steps • Town staff will develop definitions of exceptions for review at the next meeting. • A matrix will be prepared to evaluate the 3 options against the loading and delivery goals. • Next meeting of the Loading & Delivery Working Group will take place from 11 a.m. to 1 p.m. Thursday, Aug. 30, at the Vail Transportation Center Conference Room next to the Vail Village Visitor Center. Contact List Know of someone interested in this topic? Please forward their name and email address to ssilverthornCa~vailgov.com and we'll add them to the Town of Vail Loading & Delivery update list for meeting announcements and summaries regarding this topic. 4 APPENDIX Existing Loading and Delivery Policies Brldgo ~.~spr@ ~``+/~[~~ ~r`~iiSC}rl ~i~V(IIt?W ~f'lE'C~C~3C}iil~ (~~lr`~I"~IE? Drive ~ui4din load Road Cars & Trucks Until Until 11:30 Until Until Until Until 6:00 pm u to 18' 8:30 am am 6:00 m 6:00 m 6:00 m Medium Trucks Until Until Until Until Until Until 19-35' 8:30. am 11:30 am 6:00 m 11:30 am 6:00 m 6:00 m Large Trucks Until Until Until Until Until Until 12:00 noon (36' or mare) 8:30 am 11:30 am 12:00 11:30 am 12:00 noon noon Trash Trucks Until Until Until Until Until Until 8:30 am 9:00 am 9:00 am 9:00 am 9:00 am 9:00 am Courier Until Until Until Until Until Until Services 8:30 am 6:00 pm 6:00 pm 6:00 pm 6:00 pm 6:00 pm Goal/Mission Statement Draft Goal/Mission Statement A disbursed loading and delivery system for Vail Village will result in a better pedestrian experience as well as an improved business environment by optimizing.the current loading and delivery operations. • With a goal to enhance the pedestrian experience during peak guest activity periods and to honor the residential character of the neighborhood, there will be "quiet" times when vehicles will be prohibited from the streets. This will result in a reduction of noise and pollution, and an improvement in the overall aesthetics of the Village. • Deliveries will occur in a timely and efficient manner. • Minimize cost increases. • Create minimal impact on vendors delivering goods and merchants; isn't onerous to vendors or merchants. • Eliminate inefficiency and violations of parking. • Being safe, efficient and cost-effective are key. • By creating periods in which vendors, in partnership with the business community, use on-street deliveries to maximize efficiencies, the timely and efficient deliveries of today will be maintained or improved. • When the on-street option is unavailable, the use and management of public loading and delivery bays will serve as an additional option for the movement of goods and services to businesses and will not intertere with the flow of pedestrians. • Exceptions will be well defined. • Above all, the safety of all involved will be at the forefront of the plan. 5 2. Reminder of Role of Working Group & Meeting Ground Rules • Purpose is to recommend operational plan options to the Town Council for disbursed loading and delivery in Vail Village. • No specific timetable has been established; the group will take as much time as needed. • Working group members should represent constituency at large, keeping individual opinions to a minimum. • Proxy representation may be used during meetings when member is unavailable, so long as proxy has been brought up to speed. • Be positive and remain open minded. • Participate fully; constituency representation at each meeting. • Be respectful towards one another. • Be solutions-oriented. 3. Confirmation of Agreement on Implementation Expectations The following additions/changes were made to the Implementation Expectations developed at the August 2 meeting: Consistent with Pedestrian Village Vision • Results in a better Village environment for businesses and guests, i.e.: better pedestrian village. • Honors Vail's pedestrian environment through an integrated loading and delivery system. • Clarifies expectations and agreements for the pedestrian mall experience is, i.e.: boundaries, quiet periods, etc. • Keeps afternoon deliveries (use of shared pedestrian corridors) to a minimum so as not to interfere with guest pedestrian traffic. • Establishes a "quiet" period in the Village in which no on-street deliveries take place. • Addresses "what" and/or "when" is too early for on-street deliveries. • Addresses concern about skier access by Frant Door project creating larger volume and potential conflict with pedestrians. (make this addition). Efficient &Cost-Effective • Has minimal impact on vendors ar merchants delivering goods; isn't onerous IQ vendors or merchants. (make this addition). • Produces timely and efficient loading and delivery operations equal to or better than status quo; requires measurements and standards. • Uses an on-site manager/coordinator for immediate problem-solving, i.e.: active and consistent police department involvement and enforcement. • Identifies any additional cost impacts via realistic assessment in advance. • Minimizes wear and tear. on streetscape infrastructure, i.e.: oil stains on pavers. • Requires financial participation by Town of Vail for cost-recovery of impacts. • No increases in net costs to those who are impacted. • Produces along-term management plan and a financial plan, if needed. • Respects the basic needs as well as industry regulations for drivers, i.e.: physical wear and tear. 6 Comprehensive Approach to Solutions • Solutions are thoroughly researched to include afact-finding tour of facilities and distribution of a map so people can better understand where elevators are located. • Communications are factual, timely and accurate; rumors and misinformation are identified and clarified immediately. • Incorporates findings from comprehensive delivery study that identifies and addresses issues and concerns. Includes an acceptable distance travel standard and a capacity study on peak traffic volume and use of delivery bays. • Addresses the who?, what?, where?, how? and why? of loading and delivery. • Provides for environmental impact assessment of possible solutions. • Uses .Front Door delivery bays as initially envisioned with no additional users. • Identifies and recognizes exceptions for delivery types and businesses. • Addresses well-researched liability issues. • Contains aback-up plan to address instances when elevators are overloaded or inoperable. • Policies are applied fairly and consistently to vehicles used by the Town of Vail and Vail Resorts. • Applies to small vehicle deliveries, i.e.: USPS, FedEx, UPS). • Recognizes circumstances regarding outgoing shipping needs. • Addresses garbage trucks. • Minimizes negative impacts on residential property owners (i.e., routes). • Incorporates smooth surfaces for everyone. • Eliminates as many. stairs as possible. • Identifies and tests special equipment needs (carts, etc.) • Accommodates road closures and weather-related circumstances. • Emphasizes and encourages preference of maximizing early morning deliveries (time window TBA). • Assumes full cooperation by businesses, such as providing after-hours access via keys and other arrangements. • Incorporates appropriate technology, such as video cameras and verbal communications between floors to make freight elevators work efficiently. Reasonable and Eouitable Implementation • Results in a smooth transition. • Includes a point person for immediate problem solving on the streets. • Includes frequent use of dry runs (beer and food) to test options and equipment to identify unforeseen obstacles prior to implementation. • Seeks stakeholder consensus for activation of plan; plan must not be activated prematurely. • Continuous focus on safety of all involved. 7 Comments on Loading and Delivery Maps, 8/2/07 • There is a need to develop a solution for Gore Creek Drive merchants and other merchants requiring delivery after 830AM. • Lodging representatives are concerned about early morning loading and delivery noise impacts on guests. • There is a need to develop a solution to delivering to the lower pod of Bridge Street ~. Front Door is too far away 2. Can the alley be opened behind this block? 3. How will trash trucks obtain access to this alley? 4. Can the alley be heated? 5. Will Buzz's location still be an option for dispersed loading and delivery? • New equipment options include: ~. Motorized or electric carts -not considered pedestrian friendly and handle better on a smooth surface. There is still the need to unload onto a cart to deliver the goods into the business. 2. Pallet jacks • It wilt take more time to load from the bays than it currently does to load directly into the business. • Research European models that are successful • Loading and delivery will need to be done in partnership with businesses to be successful • Will Checkpoint Charlie move or go away? • There is a preference to use the existing locations on the International Bridge than the One Willow Bridge bays. • Can there be a monitoring system or lights to alert drivers when Vail Plaza and One Willow Bridge bays are full? • Can we develop an overflow plan for Front Door and all other loading and delivery bays 8 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: August 21, 2007 SUBJECT: Request for permission to proceed with encroachment agreement with The Wren Association to allow the construction of a portion of a retaining wall on Town of Vail property. Applicant: The Wren, represented by Derek Schmidt, East West Partners, and Bob Herbst, Alpine Engineering Planner: Rachel Friede I. DESCRIPTION OF THE REQUEST Request for permission to proceed with encroachment agreement with The Wren Association to allow the construction of a portion of a retaining wall on Town of Vail property. I1. SUBJECT PROPERTY The subject property is the Town of Vail owned unplatted Ford Park to the east of The Wren. III. BACKGROUND The Wren was built in 1974, and original construction included retaining walls that encroached onto Town of Vail property. There are no agreements on record for this encroachment; however, agreements via handshake were common in Vail in the 1970s. The existing retaining walls use wood timbers, and require replacement immediately due to lack of structural integrity. The Wren Association submitted a design review application for a minor exterior alteration that included replacement of the existing retaining walls with a native stone material. The new retaining walls will follow the exact same layout as the existing walls, continuing to encroach on town property. In order to move the retaining walls off town property, the required grading will necessitate removal of a large amount of landscaping, including numerous mature trees, from both The Wren and town property. The Wren is requesting an encroachment onto Town property that is 2.5 feet by 10 feet. The design review application was approved with a .condition that an encroachment agreement be executed between The Wren and the Town of Vaii. IV. STAFF RECOMMENDATION The Community Development Department recommends the Town Council grant permission to the Town Attorney to proceed with an encroachment agreement with The Wren. V. ATTACHMENTS A. Vicinity Map B. Architectural plans C. 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U.S. CADASTRAL BLM 55 se Z 7978 rn `at p N ~" ,pi 10 ~` f ~~~ N v .D O OL 'R ~` `N 1` '~~~ ~~- ~,~~, FND PLAIN ~4 RE@AR .~0~ p aransig1DR ~rt ~ z 0 0 0 EXHIBIT' 'B' BEGINNING AT THE SOUI'I-IEAST COIZI~'ER OF 'IT-iE Vt~REN, A CC)NDOA~IINIUM PROJECT, PROPERTY BOUNDARY', TI iENC.~ ON THE E AS"I'ERLY PROPERTY BOUNDARY LINE N00°01'Gh"~~ A DISTANCE OF ?51.93 FEET TO THE POIN"1 OF BEGINNING, THENCE DEPARTING SAID PROPER i`Y BOUNDARY LINE N89°58'21"E ADISTANCE OF 2.30 FEET, THENCE N00°C1'06"~xt A DISTAI~TCE OF 10.OG FEET, THENCE S89°58'21"~V A DISTANCE OF 250 FEET TO'IHE SAID EASTERLY PROPERTY BOUND.r`~RY LINE, TI-iENCE S00°01'06"E A DISTANCE OF 1.0.00 FEET TO THE POIIti'T OF BEGINNING. S SID PARCEL BEIi~IG 25.000 SQUARE 1 EET, 0.0006 ACRES :~'1~>RE OPT LESS. w .~ V O~ N EXHIBIT B PROP05ED PERMANENT ENRROACHMENT AGREEMENT UNPLATTED FORD PARK THE WREN A CONDOM-NIUM PROJECT AS RECORDED IN 6244, P32 RECEPTION NO, 140183, JANUARY 9, 1976 1.377 ACRES ~ t .. / 1 ~~w,r~ r•I'..~"I'~+^l~r~w~~'~,n~,,,,.r.:r~.~~~~o ~w,wrw~~w~w..,~~~~n~~n~~~~ rr ~ ~~ ~~ 4JO' rrrarwra®r,oeaoorr,m~w,rr~r,m w~vs,r sw,p,ar®mva,wr ~~' ~~ ~~~ >~~ -- ~ .~~ ^~ -, . -._ . /00- Ir~aus ~rs~~i~, ,IOw a w~. -^- '`~~ ~ - ~ --- '~` o~ rar s~ n m~-r wr '"` Ol1MlOr OONIi1l~ 70 M~M1i~AQML EM110t ~.~ ',~ ~ SCALE: 1' 30' - - `'~ -- ~~ .-~ ~ n wo nw • s mwvw o , oa n Existing Retaining Wall- Facing South Facing North The Wren: Attachment C MEMORANDUM TO: Town Council FROM: Community Development Department DATE: August 21, 2007 SUBJECT: Chamonix Master Plan Request for Proposal (RFP) Staff: Scot Hunn I. PURPOSE The Community. Development Department Staff is requesting .review of a draft Request for Proposal (RFP), the purpose of which is to hire the services of a planning team (Consultant) to work with the Town of Vail to develop a master plan and site-specific development alternatives for the combined Chamonix and Wendy's properties (the "Chamonix Site"). II. BACKGROUND History of Site and Current Opportunity In October 2002, The Town of Vail acquired a 3.6 acre parcel of land (the "Chamonix" property) in West Vail for $2.6 million. In 2004, the town engaged in master planning of this site to identify uses and alternative site designs for a fire station as well as employee housing as primary uses. A master plan for this site was adopted via Ordinance No. 17, Series 2005. No further actions have been taken relative to development of this site. However, the town has recently entered into a contract to purchase the adjacent 1.25 acre "Wendy's" property, which is believed to be a better location for a fire station (and additional/potential co-uses), because it would improve the Fire Department's ability to maneuver its equipment, positions the station further. away from adjacent residential neighborhoods and provides improved ingress and egress. Development of the fire station on the Wendy's property also preserves the majority of the adjacent Chamonix property for residential and potential mixed use development. Proposed Project A primary goal of the proposed master planning project will be to work with the public, Town staff, Executive team, and Boards to identify, rank and prioritize land uses as well as alternative site development scenarios based on current opportunities and preferences, and taking into account (validating) previously identified needs and preferences. In addition, the project scope will take into account identification of potential "co-uses" (Public Works, Police and/or Ambulance District) that could be integrated into any final design for the fire station site, as well as alternate residential (employee housing), mixed-use and live/work development scenarios. Such scenarios will be presented along with estimated construction costs, phasing plans and/or timelines, pro-formas, and financing alternatives. It is anticipated that this project will commence in October, 2007, to be completed in spring of 2008. Important to any new master planning effort for this site will be the reconstituting of the citizen-council-staff steering committee to aid in outreach efforts to the surrounding West Vail neighborhood and provide direction to the consultant. A copy of the proposed RFP, inclusive of a vicinity map and proposed schedule for the project, is attached (Attachment A). III. ACTION REQUIRED The Community Development recommends that the Town .Council directs Staff to proceed through the RFP process. IV. ATTACHMENTS A. Copy of RFP and Vicinity Map dated August 15, 2007 1 TOWN OF VAIL ` REQUEST FOR PROPOSALS TOWN OF VAIL DEVELOPMENT OF MASTER LAND USE PLAN AND SITE SPECIFIC DEVELOPMENT ALTERNATIVES CHAMONIX PROPERTY PARCEL B, VAIL DAS SCHONE, TRACT D, FILING 1 AND WENDY'S PROPERTY PARCEL A, VAIL DAS SHONE, TRACT D, FILING 1 REQUESTED BY TOWN OF VAIL COMMUNITY DEVELOPMENT DEPARTMENT 75 S. FRONTAGE RD. VAIL, CO 81657 August 15, 2007 Background In October 2002, the Town of Vail acquired a 3.6-acre parcel of land in West Vail for $2.6 million. The site, once known as the Hud-Wirth property, and now called the Chamonix property, is located at 2310 Chamonix Road, legally described as Parcel B, Vail Das Shone, Filing No. 1 (See attached Vicinity Map, Attachment A). The site is zoned primary/secondary residential and is the largest remaining town-owned developable parcel in Vail. In approving acquisition of the land, the Vail Town Council identified a "fire station, employee housing and land-banking" as future public uses contemplated by the town. In July 2004, the Town of Vail engaged in master planning of the Chamonix Site, conducting neighborhood meetings, public hearings and generating a preferred development scenario (land use diagram) for the site which ultimately included a fire station, a residential development parcel for employee housing and passive recreation open space uses. The master plan was adopted into the Town's Official Land Use Plan, via ordinance No. 17, Series 2005, by the Town of Vail Town Council on August 16, 2005. Although the Town has been actively pursuing creation of a West Vail fire station since acquisition of the Chamonix property nearly five years ago, no further actions have been taken by the Town to move forward with development of the site: In addition, the Town has recently entered into a contract to purchase the adjacent, 1.25 acre "Wendy's" restaurant site (a.k.a. the "Wendy's property"), located at 2399 North Frontage Road and legally described as Parcel A, Vail Das Shone, Filing No. 1. The Wendy's property is zoned Commercial Core 3 (CC3). Both the Chamonix property and Wendy's property are somewhat encumbered by steep slopes (greater than 40%), rendering relatively small but contiguous portions of both sites undevelopable under current Town of Vail Hazard Regulations. Relocating the proposed West Vail fire station from the Chamonix property to the Wendy's property is considered a better option because it would improve the Fire Department's ability to maneuver its equipment, positions the station further away from adjacent residential neighborhoods and provides improved ingress and egress. Development of the fire station on the Wendy's site also presences the majority of the adjacent Chamonix property for residential and potential mixed use development. Purpose The purpose of developing a new master plan for the Chamonix Site is to accommodate the Town Council's desire to site a fire station in West Vail and to identify and evaluate improved development opportunities now apparent on the combined properties. Master planning these sites will also identify additional municipal, recreational and/or mixed uses that will maximize community benefit while complementing characteristics of the existing area in an innovative manner. Therefore, in addition to the fire station, the analysis should be inclusive to the possibility of medium to high density (+18 units/acre) residential "For Sale" and "For Rent" employee housing units (EHUs), passive and/or active recreational uses, as well as, commercial, live/work and/or mixed-uses. In addition, the analysis should include additional public facilities or co-uses and/or amenities such as Town offices, police and/or- ambulance district substation facilities, and public works department facilities well suited for the development and complimentary to the larger West Vail sub-area. 2 Key components of the "opportunity" analysis and plan development will be: ^ To identify, rank and prioritize opportunities to integrate fire station/municipal uses and site design with residential uses; ^ To identify, rank and prioritize opportunities for public and private partnerships relative to development viability and efficiency; ^ To identify, rank and prioritize phasing options and viability for different development and financing alternatives, and; ^ To identify, rank and prioritize opportunities to integrate and implement energy efficient and sustainable (green building) design principles and construction techniques into any development scenario recommended. Next Step The next step is to master plan the combined properties (the "Chamonix Site"), which is the purpose of this RFP. The Town of Vail desires to hire the services of a planning team to work with the Town of Vail and its constituencies to develop a master plan and site plan alternatives for the Chamonix Site with master planning and site design work to be completed during 2007 and into 2008. The design team assembled should be highly qualified and shall include expertise in the areas of: ^ Land planning, site analysis and layout; ^ Landscape architecture; ^ Architectural massing and special anaylsis, municipal, residential and commercial space programming, construction cost estimating, and pro- forma development, and; ^ Facilitation of public review processes. Anticipated Review Process The anticipated development review process will generally consist of the following anticipated steps: ^ Conducting neighborhood meetings and public scoping to reintroduce project, present project goals and opportunities and identify current community wants, needs, benefits, expectations, concerns, etc.; ^ Conducting work sessions and public hearings with. the Town of Vail Planning and Environmental Commission, as well as the Town of Vail Design Review Board to reintroduce the project, review the previously adopted master plan and consider current conditions and/or potential land uses in an effort to develop master plan and site design parameters. ^ Presenting project parameters to Vail Town Council for approval and/or modification prior to proceeding with development of alternative master plan and development scenarios; ^ Conducting additional neighborhood meetings and public hearings with. Town of Vail Planning and Environmental Commission, the Town of Vail Design Review Board and the Town of Vail Town Council to further refine project parameters and identify preferred (alternative) development scenarios; ^ Conducting public hearing(s) with the Town of Vail Town Council to present preferred alternative master plans and development scenarios, and to seek direction from the Council on a preferred: alternative. Additional Information Soils tests are being conducted simultaneously and will be provided to the planning team, along with survey information, previous master plan/site planning studies and preliminary fire station/municipal facilities programming parameters. Scope of Work The planning team's proposal should include a detailed breakdown of all general and specific tasks and products required to complete the work. The following is a brief outline of the desired minimum tasks requested with the anticipated products and services expected: 1. Review previously adopted master plan for the Chamonix property in order to verify and refine programmatic requirements for each proposed use. As well, the team should study new site opportunities and constraints relative to access, grade, and surrounding land uses for the combined Chamonix Site. 2. Work in conjunction with town staff to conduct an internal stakeholder meeting and scoping process to include representatives from the Town of Vail Fire. Department, Public Works Department, Police Department, Administrative Staff/Exectutive Team, and Community Development Department. 3. Work in conjunction with acitizen-Council-staff committee to conduct a public scoping process, using no more than 3 neighborhood/community meetings, to reintroduce the project and to review the previously adopted master plan. As well, the team will work with committee members to present project goals and opportunities and identify current community wants, needs, benefits, expectations, concerns, etc. 4. Assist town staff in conducting a work session with the Town of Vail Planning and Environmental Commission and Design Review Board to reintroduce the project, review the previously adopted master plan and consider current conditions andlor potential land uses in addition to the West Vail Fire station. 5. Develop project parameters using key themes identified during the public meetings and work sessions. 6. Assist town staff in presenting project parameters to Vail Town Council for approval and/or modification prior to proceeding with development of alternative master plan and development scenarios. 7. Using project parameters, identify and evaluate multiple site configurations for the West Vail Fire Station (approximately 18,000 sq. ft. total) using design specifications provided by the Town of Vail following a scoping meeting with representatives from the Vail Fire & Emergency Services Department. At least one of the configurations should include the ability for additional development on the remainder of the site. The designs should explore possible options for drive- though accessibility by emergency vehicles to avoid backing maneuvers, as well as the inclusion of on-site housing for emergency services personnel (to be included in the 18,000 sq. ft station). 8. Determine a range of potential additional development on the combined property taking into account on-site "resident" housing needs for Fire Department personnel, as well as the integration of medium to high density (+18 units/acre) employee housing and mixed uses as transitions to adjacent residential 4 neighborhoods and commercial areas. Integration of fire station/municipal and residential/mixed uses is a key component to any development scenario alternative. 9. Assist town staff in conducting public hearings to present alternative. site designs to the Town of Vail Planning and Environmental Commission and the Town of Vail Town Council, allowing for PEC recommendation to the Town Council and requesting direction from the Town Council on top 3 preferred alternatives. This step will also include seeking direction from the Council with regard to preferences and any additional or refined project parameters. 10. Using refined project parameters, further develop 3 alternatives for master planning and development of the site, to include. specific recommendations on zoning, and development parameters, such as permitted and conditional uses, building height, floor area, site coverage, setbacks, parking and circulation. In addition, the consultant should provide preliminary (conceptual) cost estimates, phasing plans/timelines and pro-formas for each alternative examined. Each alternative should be presented with associated visuals, phasing plans and pro formas. At least one of the approaches, assuming it meets the project parameters, should include apublic-private partnership scenario that attempts to fund construction of the fire station and employee housing with minimal to no public funding. 11. Assist town staff in conducting a neighborhood meeting to present the 3 alternatives, collect and document public comments, and identify a preferred alternative. 12. Assist town staff in conducting a work session with the Town of Vail. Planning and Environmental Commission and Design Review Board to present the 3 alternatives, taking into account the neighborhood/publically preferred alternative and allowing for PEC review and recommendation to the Town of Vail Town Council regarding a preferred alternative. 13. Assist town staff in conducting a public hearing to present the 3 alternatives to Vail Town Council, plus a summary of comments and preferences from the neighborhood meeting as well as any recommendation from the PEC on the preferred alternative. Receive direction from Town Council on a preferred alternative. 14. Using preferred alternative, complete draft master plan document, incorporating input and direction from the public, PEC, DRB and Vail Town Council. 15. Coordinate hand-off to designated planner in Town of Vail Community Development Department who will assume project management for submittal of master plan to the Town of Vail Planning and Environmental Commission and Town of Vail Town Council for adoption by ordinance. Schedule The following is a general schedule for the project: August 24, 2007 Issuance of RFP September 21, 2007 (Noon) Proposals due to Town of Vail September 25-26, 2007 Interviews Conducted with Finalists October 4-5, 2007 Follow-up Interviews Conducted October 8, 2007 Award of contract October 8, 2007 Begin work TBD Neighborhood meeting(s) TBD PEC and DRB meetings(s) 5 TBD Neighborhood preferences meeting TBD PEC and DRB preferences meetings(s) February 5, 2008 Council selection of preferred alternative March 28, 2008 Master Plan/Site design work complete Submittal Requirements Respondents are requested to submit the following information: Cover Letter Identify team members and backgrounds State roles of each member and provide a team organization chart Highlight strengths of team Qualifications and Experience Describe team's expertise as it pertains to: • The delivery of a land use master plan; • The delivery of site specific design and development alternatives and associated cost estimates, phasing plans/timelines, and pro formas; • The delivery of emergency services and municipal facilities designs; • The delivery of sustainable (green building) and/or certified designs for residential and commercial projects. Provide examples of previous experience with verification contact information Schedule Acknowledge ability to meet. or exceed the schedule identified above and provide a specific timetable for each step identified in the scope of work Project Budget Provide hourly billing rate for each team member Provide a detailed fee proposal for the work broken down by tasks described above The team shall also provide any additional. services deemed necessary for achieving the goal of this work Provide a detailed reimbursable schedule Submittal of Qualifications Address all questions and submittals (12 sets) to the attention of: Scot Hunn Community Development Department Town of Vail 75 S. Frontage Rd. Vail, CO 81657 Phone: (970) 477-3551 Fax: (970) 479-2452 Email: shunnr~vailgov.com The deadline for submittals is 12 Noon September 21, 2007 (Respondents should be available for interview on Friday, September 28, 2007. General Conditions Limitations and Award 6 This RFP does not commit the Town of Vail to award or contract, nor to pay any costs incurred, in the preparation and submission of proposals in anticipation of a contract. The Town of Vail .reserves the right to reject all or any submittal received as a result of this request, to negotiate with all qualified sources, or to cancel all or part of the RFP. After a priority listing of the final firms is established, the Town of Vail will negotiate a contract with the first priority firm. If negotiations cannot be successfully completed with the first priority firm, negotiations will be formally terminated and will be initiated with the second most qualified firm and, likewise, with the remaining firms. Selection Initial evaluation will be based upon the qualifications of the applicant. The Town of Vail reserves the right to not interview, and to make final consultant selection based upon the qualification statements and cost estimate. Equal Employment Opportunity The selected consultant team will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contract Phasing Proposed tasks within this RFP may be eliminated or expanded by the Town of Vaii at any time due to the progression and sequencing of the scope of work. Attachment A Chamonix Site -Vicinity Map -August 15, 2007 - -~~~ ~.~ ~~~` / ~ .t', Ch.vmonixParcel - C-i'` -~ ,.f. - .l ~ 1, ~1' -~~ - .~ _ ,y, ~ ) `~ 4 y~ ~ euia a 2',~;^~~ ' ¢~~-r ~~K a ~, r ~ t 1, ~ - .. v F i~}~ j ~ _~ may/ ~~ ! ~ - .(; ~ ~ ~~ r~~~ ~~ ~ ~+ }F ' Ss~ ~ F '-.f ;~ 7~t f~ ~ ;e - fit.. ~• - . ~ m mq.. aea~agrm. i-n w... ~m ~owe~wp. wre~nt mo v~wtleele~ P~+~+~ wVe~* mM e FWI -- iM ia-. er W~eeR Mww~ M~-~+~vltl+wbm~~en-Mare nwm. o +n m ~~ pn.,..w~.v:.a..-nrga~ao 8 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: August 21, 2007 SUBJECT: First reading of Ordinance No. 18, Series of 2007, an ordinance amending the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail. Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20, and setting forth details in regard thereto, I. SUMMARY The applicant, Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates, has submitted a development review application to the Town of Vail Community Development- Department to allow for a change to the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code (Hillside Residential District), to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code, to increase allowable site coverage from 15% to 20% on a lot. Staff has attached the memorandum to the Planning and Environmental Commission dated June 11, 2007, in which staff addresses the criteria for an amendment to the Town of Vail Zoning Code. II. BACKGROUND On June 11, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on the request to amend. the prescribed .zoning regulations for the Hillside Residential District to increase allowable site coverage from 15% to 20%. Upon consideration of the request, the Commission approved a motion recommending approval of the text amendment to the Vail Town Council by a vote of 5-1-.1(Cleveland opposed Gunion recused). On July 17, 2007, the Town Council unanimously tabled. this item after providing feedback. Several members of .the Council expressed concern over the requested increases in Gross Residential Floor Area (GRFA) and the impacts the additional floor area would add to the existing and unbuilt structures. Several Council members expressed a need to mitigate the number of employees generated by the large structures within Spraddle Creek Estates. It was suggested that Ordinance No. 8, Series of 2007, which established as a requirement the mitigation of employee impacts through inclusionary zoning be examined and possibly applied to the Spraddle Creek Estates Subdivision. III. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 18, Series of 2007, on first reading. IV. ACTION REQUESTED OF COUNCIL The Town Council can vote. to approve, approve with modifications, or deny Ordinance No. 18, Series of 2007. V. ATTACHMENTS A. Ordinance 18, Series of 2007 B. Memorandum to the PEC dated June 11, 2007 C. Copy of the slide presentation dated August 21, 2007 ORDINANCE NO. 18 SERIES OF 2007 AN ORDINANCE AMENDING ARTICLE 6A, HILLSIDE RESIDENTIAL, SECTION 12-6A-9, SITE COVERAGE, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Spraddle Creek Homeowners Association has submitted an application for a text amendment to Article 6A, Hillside Residential, Section 12-6A-g, Site Coverage,. Vail Town Code, to allow for the increase in the maximum allowable site coverage from 15% to 20% of lot area, and setting forth details in regard thereto; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a public hearing on the proposed amendments in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its June 11, 2007, public hearing by a vote of 5-1-1 and has submitted its recommendation of approval to the Town Council; and, WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and, WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highesf quality. Ordinance No. 18, Series of 2007 Vail Town Council Attachment: A NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN. OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Article 6A, Hillside Residential, Section 12-6A-9, Site Coverage, Vail Town Code, to allow for the increase in the maximum allowable site coverage from 15% to 20% of the lot area, and setting forth details in regard thereto. Section 2. Section 12-6A-9, Site Coverage, Vail Town Code, shall hereby be amended as followings: (deletions are shown in and additions are shown in bold) Section 72-6A-9, Site Coverage: Site Coverage shall not exceed #~#eep twenty percent (~5 20%) of the total site area. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,. regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended.. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. 18, Series of 2007. 2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of June, 2007, and a public hearing for second reading of this Ordinance set for the 7th day of August, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.. ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer; Mayor Ordinance No. 18, Series of 2007 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 11, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council regarding changes to the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15°to to 20°10, and setting forth details in .regard thereto. (PEC07-0013) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell L SUMMARY The applicant, Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates, is requesting a final recommendation to the Vail Town Council regarding the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code (Hillside Residential District), to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code, to increase allowable site coverage from 15% to 20%. The rationale behind the applicant's request is to .allow for greater flexibility in the design and construction of new residences and additions within the subdivision and to bring the zone district into greater alignment with the changes. made to Section 12-21-14.E.1, Restrictions In Specific Zones On Excessive Slopes, Vail Town Code, by the adoption. of Ordinance No. 17, Series of 2006, which eliminated the site coverage reduction on steep slopes from 20% to 15%, but limited. the disturbed area of the site to 60%. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval of this application subject to the findings and criteria outlined in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates, is requesting a final recommendation to the Town Council.. regarding the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code (Hillside Residential District), to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code, to increase allowable site coverage from 15% to 20%. The proposed text amendment is as follows: (deletions are shown in /additions are shown bold) Section 72-6A-g, Site Coverage: Site Coverage shall not exceed €~{teert twenty percent (~5 20%) of the total site area. Vail Town Council Attachment: B III. BACKGROUND On January 15, 1985, the property comprising Spraddle Creek Estates, approximately 39.55 acres was annexed into the Town of Vail. On November 18, 1986, the Town of Vail adopted the Land Use Plan. which identified Spraddle Creek Estates as being. within the Hillside Residential land use designation. The plan identified Spraddle Creek Estates as the single property within this land use designation within Town boundaries. On October 26, 1987, through the adoption of Ordinance 38, Series of 1987, the Town of Vail created and imposed the Hillside Residential District on Spraddle Creek Estates. Town Staff developed the Hillside Residential District in response to the the adoption of the Land Use Plan. On April 17, 1991, the Design Review Board granted final approval to the development of Spraddle Creek Estates. .This approval was for roadway design, retaining walls design, landscaping of entry and common parcels, and a design standards handbook for the subdivision. On February 24, 1992, the Planning and Environmental Commission approved several variances for retaining wall height and roadway grades in excess of those permitted. On July 12, 1993, a minor subdivision was approved by the Planning and Environmental Commission to adjust the shared lot line between Lots 14 and 15 to increase the size of Lot 15 to allow for a primary unit and a care taker unit on the lot. On September 7, 1993, the Town of Vail adopted Ordinance 11, Series 1993, which rezoned Tract C of Spraddle Creek Estates from Greenbelt and' Natural Open Space District to Single Family District in order to permanently restrict the lot as an employee housing unit (gate keeper house). On April 5, 1995, the Design Review .Board approved a change. to the Residential Design regulations for Spraddle Creek to allow for glass expanses in excess of 36 feet. On June 22, 1998, the .Planning and Environmental Commission approved an amendment to the Spraddle Creek Estates plat to allow for interior conversions to residences which complied with the regulations. On August 1, 2006,. the Town Council, through the adoption of Ordinance Na 17, series of 2006, approved the following changes to the Section 12-21-14E, Restrictions In Specific Zones on Excessive Slopes, Vail Town Code. These amendments do apply to properties zoned Hillside Residential District. The proposed text amendments were as follows: (Deletions are shown in e~e+~g#/additions are shown bold) Section 12-21-14E: RESTRICTIONS /N SPECIFIC ZONES ON EXCESSIVE SLOPES: 4 Alnf W~nre fh ~+ n fiffnn n nr nnf / Ei 7 0%1 of f - ~ - o { .~/' ~y ~- } s~ ~- ~ T-~lvvfTfTVr .~[nG 7T-rnrcc'n'-~7 cr yrrt-r o7 c 'r' y~ fr Y GT . ~ f bdiiEtthfE~S~ RFYti 2 ~1. Not more than ten percent (10%) of the total site area maybe covered by driveways and surface parking. 2. In order to protect the nafural land form and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The Design Review Board (DRB) may approve sife disturbance in excess of the .sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. On April 9, 2007, the Planning and Environmental Commission reviewed this request in a work session and generally expressed support for the change as it would treat properties zoned Hillside Residential District in a manor consistent with other residential districts. The Commission did express that within the Spraddle Creek Estates subdivision, because of lot sizes, there was a concern about the regulations found in Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, and there applicability within the subdivision (60% maximum site disturbance). The Commission suggested that a restriction limiting the amount of site disturbance be put in place on the plat to limit the amount of site area that could be disturbed during development of the lots. IV. APPLICABLE DOCUMENTS. Vail Town Code 12-3-7: Amendment: (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for .amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. if the petition is for a change in zone district boundaries, the petition shall include a list. of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. 3 Vail Land use Plan (in part) HR -Hillside Residential This category would allow for single family dwelling units of densities no more than two dwelling units per buildable acre. Also permitted would be typical single family accessory uses such as private recreational amenities, attached caretaker units, or employee units and garages. Institutional/public uses would also be permitted. These areas would reauire sensitive development due to slo es, access, visibility, tree coverage and geologic hazards. Minimum buildable area of 20, 000 square feet would be required per dwelling unit. Spraddle Creek Residential Design Regulations Dated July 30, 1993 (in part) BUILDING ENVELOPE The building envelope is the portion of each lot within which all improvements must be built including buildings, accessory buildings, site walls, fences, screens, recreational improvements, etc. Landscaping may occur outside the building envelope. A building envelope has been established for each lot based. on the natural topography and features on the lot, views, and relationship to adjacent building envelopes.. The purpose of the. envelope is to reduce uncertainty of neighbors as to which view corridors might be impacted by future construction, and to help insure that structures blend in with the surrounding landscape, rather than dominate it. Owners should refer to Spraddle Creek Estates final plat in order to clarify lot property boundaries, building envelope, allowable gross residential floor area (GRFA), etc. With the prior written approval of the .Town of Vail Design Review Board (TOVDRB), encroachments outside the building envelope- may be permitted for driveways, drainage structures, utility installations, sidewalks, and garages that meet the requirements of the Town of Vail Municipal Code. V. SITE ANALYSIS This analysis is provided for the Spraddle Creek Estates subdivision, as it is currently the only subdivision containing properties zoned Hillside Residential District. Lot Summary Chart, as found on the Spraddle Creek Estates plat, in part: Parcel Area Max. Max. Proposed Max. Proposed Max. GRFA Site Coverage GRFA Site Coverage Lot 1 87,499 s.f. 7,333 s.f 6,483 s.f. 9,050 s.f. 8,001 s.f. Lot 2 48,146 s.f. 6,524 s.f. 5,674 s.f. 8,079 s.f. 7,026 s.f. Lot 3 88,619 s.f. 8,548 s.f. 7,698 s.f. 10,000 s.f. 9,006 s.f. Lot 4 85,250 s.f. 7,016 s.f. 6,1.66 s.f. 8,669 s.f. 7,619 s.f. Lot 5 61,082 s.f. 6,827 s.f. 5,977 s.f. 8,442 s.f. 7,391 s.f. Lot 6 82,050 s.f. 8,220 s.f. 7,370 s.f. 10,000 s.f. 8,966 s.f. Lot 7 43,833 s.f. 6,309 s.f. 5,459 s.f. 7,821 s.f. 6,767 s.f. Lot 8 31,873 s.f. 5,711 s.f. 4,781 s.f. 7,103 s.f. 6,375 s.f. Lot 9 63,044 s.f. 7,269 s.f. 6,419 s.f. 8,973 s.f. 7,924 s.f. Lot 10 32,296 s.f. 5,732 s.f. 4,844 s.f. 7,128 s.f. 6,459 s.f. Lot 11 71,419 s.f. 7,688 s.f. .6,838 s.f. 9.476 s.f. 8,428 s.f. Lot 12 96,213 s.f. 8,928 s.f. 8,078 s.f. 10,000 s.f. 9,048 s.f. Lot 14 277,500 s.f. 13,904 s.f. 13,054 s.f. No Change No Change 4 Lot 15 34,118 s.f. 6,726 s.f. 3,839 s.f. 6,726 s.f. 5,119 s.f. Tract A 337,222 s.f. NA NA NA NA Tract B 5,151 s.f. NA NA NA NA Tract C 47,279 s.f.. 1,900 s.f. 2,200 s.f. No Change No Change Tract D 152,918 s.f. NA NA NA NA Tract E 6,231 s.f. NA NA NA NA .Tract F 68,762 s.f. NA NA NA NA Tract G 2,394 s.f. NA NA NA NA * There is no Lot 13 VI. CRITERIA The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code. As this is a work session staff has not addressed the following criteria. The following criteria will be fully addressed at the hearing in which the Planning and Environmental Commission will be asked to forward a recommendation on to the Town Council. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, On August 1, 2006, the Vail Town Council, through the adoption of Ordinance Na. 17, series of 2006, approved the following changes to the Section 12-21- 14E, Restrictions In Specific Zones on Excessive Slopes, Vail Town Code. The proposed text amendments were as follows: (Deletions are shown in /additions are shown bold) Section 12-21-14E: RESTRICTIONS /N SPECIFIC ZONES ON EXCESSIVE SLOPES: 0 0 ,~ihS;-8r}d ~-1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. 2. In order to protect the natural land form and vegetation on steep slopes,. not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The Design Review Board (DRB) may approve site disturbance in excess of the sixty percent. (60%) maximum if specific, design criteria warrant the extent of the requested deviation. This amendment to the Chapter 21, Hazard Regulations, Vai{ Town Code, was adopted as it was felt that the previous regulation was not accomplishing the intent of protecting the natural features of a site.. The text amendment above was. identified to apply to properties zoned Hillside Residential District. The Hillside Residential District was adopted subsequent to the adoption of the Vail Land Use Plan and the properties within .the Spraddle Creek Estates 5 subdivision played a large roll in the development of the zone district even though the regulations could be applied to other properties within town as long as they would meet the prescriptions of the District. Staff believes the 15% maximum site coverage prescription found within the Hillside Residentia( District reflected what Section 12-21-14E, Restrictions In Specific Zones on Excessive Slopes, Vail Town Code, stated prior to its recent change. Furthermore, when the Spraddle Creek Estates was platted, the reviewing authorities identified that 15% maximum site coverage would result in much more allowable site coverage on the large lots within the Spraddle Creek Subdivision than would be preferred. To alleviate this concern building envelopes were platted to control the location of structures on the lots and site coverage maximums were reduced be below the 15% maximum allowed under Hillside Residential District zoning. To alleviate the concerns of the Planning and Environmental Commission at its April 9, 2007, hearing regarding allowing a maximum of 20% site coverage, the applicant has revised the Lot Summary Chart on the proposed amended final plat to restrict site coverage maximums and has added Note Number 2 to the plat addressing "site disturbance concerns". Note 2 reads as follows: "The maximum site disturbance shalf not exceed the total area maximums of the building envelope. Furthermore, site disturbance shall not extend more than 15'0" outside the building envelope, as defined by this plat and as limited by the size of the building envelope. Additional limited site disturbance may be allowed for site landscaping and site retainage with the approval of the authorities having jurisdiction. Driveway and utility access will be permitted in addition to the maximum site disturbance if the impact to the site is kept to a minimum." Staff believes that the proposed text amendment furthers the general and specific purposes of Chapter 21, Hazard Regulations, Vail Town Code, and how it relates to the implementation of the Hillside Residential District. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, As stated above, the proposed text amendment to the Hillside Residential District would better implement the changes made to Section 12-21-14E, Restrictions In Specific Zones on Excessive Slopes, Vail Town Code, in April of 2006, as the goal and objective of protecting sites from excessive disturbance is better achieved with the revisions made to the text. Staff believes this proposed text amendment meets this criterion. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, Staff believes the change made to Section 12-21-14E, Restrictions In Specific Zones on Excessive Slopes, Vail Town Code, in Aprii of 2006, demonstrates how 6 conditions have substantially changed, as the 15% site coverage limitation was tied to the previous requirement of Section 12-21-14E, Restrictions In Specific Zones on Excessive Slopes, Vail Town Code. Staff believes this proposed text amendment complies with this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Staff believes this proposed text amendment will better implement the requirements of the Hazard Regulations chapter as the treatment of .residential zoned properties will be more uniform. Staff believes this proposed text amendment complies with this criterion. 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. VI1. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, of the request for a recommendation to the Town Council regarding changes to the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vaii Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this exemption plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, pursuant to Chapter 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this final plat amendment request, the Community Development Department recommends the Commission makes the following findings: 1. That the proposed text amendment furthers the general and specific purposes of the Zoning Regulations. 2. That the text amendment. would better implement and better .achieve. the applicable elements of the adopfed goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. 7 3. That the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable. . 4. That the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. VIII. ATTACHMENTS A. Vicinity Map B. Reduced copy of recorded plat C. Public Notice 8 Spraddle reef E~#~#+~s Exemp#i~n Flat and Text Amendment t . ; ;.., ,~ _ ~. ~ ~ ~''"' . .. .~~`v~ ~` Planning and Environmental Commission - A{~ril 9, 2007 - 1u :~ C. ~~Ji1 . i ~ 1 # 1s .. . 4 ' '~ _ ' ~ ~ v •. .~ ,'r~ a _ ~~~ ~- 4 _ . 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BegtY mt<tl Mls f~, mY of __~!L_______ _________ R.O.. 199]. r rr.rmu. cororny Bontl]31 I .You, cB ela0 ~'tcn~7_tlsr!h_Sc•_l~k ~YCr geed <Prml nwu and bQVI - SHEEP 1 OF 3 A Nes n{9 VrV n.~~ Q SPRADDLE CREEK ESTATES PART OF THE SE 1/4 SW 1/4, SECTION 5, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN TOWN OF VAIL, EAGLE COUNTY, COLORADO N EP~0'ZY E 1J.11.11' ..... i I A r \ lF .e].l] I 9 ,\`` I. 1 ~ , I a ~N. w...M ~ e. ~ '`F•. • ~ `~ ~m 1~ 3 nor :: ., - ` Ir=, ~\\. ~'/ ________z ___________J ~ eN ~4 I r--------------------- ~ ~. g k~ 1 . i::~,~~, g y ~ J F j~k/! x. ~• ~•x7T~~ / Ig F s d/ /~ ~ :ee0meesr '0er, I ~ 8 `:~/////1~ pl /%///`-I ...., __ •..•ee E ee,.,,. . ,., -- ^_°---- '-rye. ,- -_ ,~ ~,'. / i/ /a ~., -~~-._\ \,J i / ~ ~ ' t~~~ - ,.~„r'll ~ ~ i oe a` ~ fitx~ `" `": 'ae'oxur a §~ ~~ j j~/~'f . 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'/'°~.,u I 'ti/~'' j/ o' q +, ,"~e $ ti. -;nt.^< 3~ 1e ;.~~ g~ r _14 tt _~ ~I~//~~~s~~ " .tee,."ems e. ~ G~~%/ ~~ , \~ ''~~ ~ ~j'~j~~,•~~ '"' \~~ ,, •T ~ e . g~g h ~ ~~ /~ i / I e,«x~.= @. /~ j. +fe.~ :nor r ~ ~~; - . g i - . w.,r .. ~.... ovv~er '..,. __yfe R wm. w -ej. ~ ~ - i - "_c__--~~-~ r / i sour ~ , e'~1=/3`eb,•t1 '. ~a i/./~°,'~„'r ;I~t'.°~" 4 (( ~ ~ ~ % ;;%j/e~ ~+` ~ %~~ `` \y~\q \ 4& ~ ~,b/~sr % °~l i~ .'~ L i~/~ ~/ ;z~yl 7 S I eo,a `~\~/ //{~ )~// //~` `/js°~~,e'j/~' ` ~Cyn ~.y.` ~%F~ ~ '`'~// / ~r ~~` `..x/./g, ~yli SEE SHEET 3 2 I e . ~'+a.//: ~ '%/ /i// I eV ///~ a b1tP~, W Xa~ aY 6O ` ~( ~//j/ i~a~, T` :^ ~-G/~. ~ rte- i ~~/.#~ ~~%~/'~ .~~ //~~' ,.q, ' R~ y ~` °• ~~ \~~am!~~//\s ~ `o; s i'~ w.'u„"'~w~ ~--- a .,L°::. ~~~ ~ /' •~ ~ \ j - -_"°. I bMgTCN 'n.eo- - - - -` Y `~~ ,'__'__'__~_'~ ~\-~t ;: .mfr ~ UNE -'- ..%~ no. i. ~ E w •g. Baer ~ ,-,--- - .. .4 '~z eo oo ~` C SEE SHEET } -- x x ir,rir . c„ . i '^. -~-~ xn~v 1 r 'w+p.'q ~'+.r ~ --- som 1RACf C a'I*• ~. xmice: s e . .cu w SCI ` SEE SHEEP J SCALE: 1° m 60' iPALT~ SHEEP 2 OF J I SPRADDLE CREEK ESTATES PART OF THE .SE i/4 SW 1/4, SECTION 5, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN TOWN OF VAIL, EAGLE COUNTY, COLORADO m ~ z < ".".ter . A v.,_ SEE SHEET 2 1 W a= +~ fi ~ j- x ~ow<r c - w.oo II ~e.~ii.,r._wm L .\ ` ~I ~ ~~-~,,, ~ J6 ; ,.~ ,~ r ~~ ~. U.S. HIONWAY Ne. 70 may 'tV0 ~ `_ a~-~ ~~ ~~ ` ~\ SCALE: 1" ~ 60' N x a».w ° \d EASEMENT DETAIL "A' c<.me.< ^^ e' i. <.~ m..a ~~n ~a ~ uM ~m°vr«Y:~ °u U.g ~Y No, >0 SHEEP 3 OF u. i..,a r~ iif:% m•u~ r .is ii o~a• v n s:n io;ii ~:% ati: r s +vrm e +~ i iri u m ~.` {l t~ T101YN OF YAIL THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the .Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on ,April 9, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of an entry feature, located at 292 East Meadow Drive (Mountain Haus), part of Tract B, Vail Village Filing 1, and setting forth details. in regard thereto. (PEC07-0012) Applicant: Vail Estates, represented by Paul Smith Planner: Bill Gibson A request for final review of the prescribed zoning regulations, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for modifications to Section; 12-6A-9, .Site Coverage, Vail Town Code, to increase allowable site coverage from 15% to 20%, Spraddle Creek Estates Subdivision, located at 914 through 1326 Spraddle Creek Road, Lots 1-15, and setting forth details in regard thereto. (PEC07-0013) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave. Kaselak of Zehren and Associates Planner: Warren Campbell A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted gross residential floor area and site coverage limitations, located at 914 Spraddle Creek Road, Lots 1-15, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. (PEC07-0014) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave. Kasefak of Zehren and Associates Planner: Warren Campbell A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope (Lot 1), within the Eleni Zniemer Subdivision located at 1677 Buffehr Creek Road/Lots 1, Eleni Zniemer Subdivision, and setting forth details in .regard thereto. (PEC07-0015) Applicant: Doug Weltner Planner: Warren Campbell Attachment C Page 1 A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment. Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC07-0017) Applicant: Vail Resorts, represented by Jay Peterson Planners: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published March 23, 2007, in the Vail Daily. Page 2 .~.,~ I ~~~ ~:. .,,,u III \. ,.,..e.. P,E; ~/' ~ //', ;I ~~ / 1 '~/~/// .i : TT /~ __ %T'~°, KKK 6 /`I y/~ e m\ ~j / / ~_~l/~ .( ~/~ s/~ P ~ .r<~p~ "''~S~ ~ /mow kY/~~~ ~ I~~~°'~'T SGi~_Et =60' ,,i"/~'-srmrr+a___ `~i~~~%//~~/~' a•~ R~ •"~~ %/~~!/s~1 yC/ t~~'iq " - m- ~ ~ y"/n-~i% ~ /jam/g `„~ ~ ~ ~X, ~ k :~~// r°;%T? «c/~~X ~~ a,,~ \ ~ / "V /~,> ~R,~ \~ ~ ~a // !I'll Ts~ _ .. ~ ~ •~ _~ ~I"' -` _ CREEK ~ `~' _, ~ 5 4y, ~ ` ~ , `__ ~~` _ u,*My Arm ~ ~. _^~MY ~~~ ~~ ___ `d 111 ~__ `` 2~~, -_~__ ~~.e 1. -- ``~j ,~,,` ~- -- - ____i----__ -_----- E+SE~.~E,vi'pEiE u~ 'n' m r. w, W ~~ --. ~~$ ~ ~~~ ~.: with the other residential :. ~ ~~ y . ~~ rale Creek would like a ~~ .e Co~era~e. ~_ z~;u-:: ~~: ~~.~ .~:~~. .:= ..y ~~ ~~. . _ - ~ ~~ - ~ ~ { r '' 'F~i' 1; ~ ~~ '7i# r. ~ c ~ 5 a;: f r r ~~, ~ ~.~~ ,- . i' s '"s2 ~, "` -~a r,; r :.~' ~. - r~~ ^ Under the requested Plat Exemption Spraddle Creek residents propose more stringent requirements than the other residential zone districts, which is reflected by the GRFA and Site .Coverage "caps". ^ This is in an effort to keep density to appropriate levels within Spraddle Creek -which is already visually much less dense than other areas of Vail. ^ Spraddle Creek residents would like their GRFA and Site Coverage numbers increased to more closely approximate what has been allotted to the other districts within the Town. ^ The Proposed GRFA is based. upon underlying Zoning as a starting point, but is further "capped" at 9 out of the 14 lots (only 5 lots not "capped") . ^ Other Zone districts have received 10% +15% +250 SF + 425 SF per Dwelling Unit. ^ The requested increase in GRFA represents roughly half of what has already been allotted to the other residential zone districts within the Town. ^ The link from GRFA to Site Coverage - as a proportional ratio -was recommended by Town Staff during numerous on-going discussions over the past 18 months. ^ The Proposed Site Coverage ranges from 0% additional to 100% additional, depending upon lot, but a range of 9% to 40% additional is more. typical (.see next chart). ^ Rather than increase all the Site Coveraage numbers to 20% of lot size., we propose to "cap" the proposed Site Coverage (similar to how GRFA was "capped") and increase them as a ratio of additional GRFA, using a calculation similar to how Site Coverage was originally derived for Spraddle Creek: 10,000 (proposed GRFA) divided by 7,333 SF (current GRFA) = 1.363698; Therefore proposed Site Coverage = 10,000 SF - (850 SF x 1.36398) = 8,841 SF ^ The proposed Site Disturbance is also more stringent than other residential zone districts, and is limited to the size of the Building Envelope (rather than 60% of the site, as with other zone districts). ^The following chart illustrates proposed Site Disturbance percentages far less than what has been permitted for other zone districts. ^ Exhibit "A" provides a summary of the GRFA for all the lots within Spraddle Creek, including existing GRFA (per Plat), GRFA according to the HR Zone District guidelines, and Proposed GRFA (shown as outlined). Please note that the residents of Spraddle Creek are proposing to "cap" GRFA at 10,000 SF, even though the Code would allow more area in many cases. The exception is Lot 14, which stays with its current allowable GRFA per the Plat, since it is already very significant in size. ^ During the PEC work session staff requested we limit our proposed additional GRFA to what the other residential districts have gained due to recent Town Code amendments. Upon study we found that we are actually requesting less than what other districts have received. Columns C3 and G illustrate this comparison. ^ It is important to note that the intent of the original Spraddle Creek Plat Approval is being maintained-all new construction within Spraddle Creek is still subject to strict mass, bulk, and height restrictions. Building envelopes remain the same size, and steep slope restrictions are still in place. ^ Exhibit "B" provides a summary of Site Coverage for all the lots within Spraddle Creek, including existing Site Coverage (per Plat), Site Coverage according to HR Zone District guidelines, and Proposed Site Coverage (shown as outlined). Proposed Site Coverage is based upon either: ^ (a) the GRFA minus 850 X Ratio described earlier. This applies to nearly all Lots; ^ or (b) the 20% Allowable within the Single-Family Residential Zone District (and most other residential diStri~t~ ~z~ithin'T(1~1), T'hic apnliec to nnly 3 L,~ts_ r ~ ^ In all cases the current 15% Allowable Site Coverage for the Hillside Residential Zone District is used as a guideline, and only 5 Lots exceed this percentage. ^ It is important to note that the intent of the original Spraddle Creek Plat Approval is being maintained-all new construction within Spraddle Creek is still subject to strict mass, bulk, and height restrictions. 13uilding envelopes remain the same size, and steep slope restrictions arc still in place. ^ .Per staff request, Exhibit "C" provides a comparison of lot area to building envelope. It is noted on the proposed Amended Plat that the maximum Site Disturbance will be the same area (SF) as the Building Envelope. ^ Exceptions are to include landscaping and site retainage -pending approval of authorities having jurisdiction (Spraddle Creek ACC, TOV DRB, etc). ^ Driveway and utility access will be allowed outside the Building Envelope as long as Site Disturbance is kept to a minimum (no change). The percentage of site area disturbed is noted in Column F-2. As shown, only the lots of smaller size exceed 30% Site Disturbance. Since the proposed area of Site Disturbance is now the same as the Building Envelope size, the proposed amount of disturbance on the lots within Spraddle Creek is not .changing, since none of the Building Envelopes are increasing in size. Other residential areas within the Town are allowed 60% Site Disturbance. ,~'.i f ~- =: :~~ ~. ~~~ ~f° ~' ~ and bite Coverage, to illustrate the link between 1 % r;rt' ~~~ J ~~~ ~• ~{ ,~ ~' ,,;^ ~iy` h .5r ~! ~~ ~ ~~,~ { ss - _ i;-. ~ ~ - i r ~`- l~t'f ~' . svX„ ~,µ i„ r 1 F ~. Y '. ~ ~ H ,. ~sv ~` ;nt ;. _ ~r c,y - ~ ~R' ~?.~: ~w'3 ,. r,J n`.? 'j'ays A ~. 7.,. Y4 L.. Y ~ ,1+~i( a 3~- y, ~r <~~- G; ~.~~ ,,~w~s~~~~i~ ~~;~~a,~~ flat .F~~l~r~~al is being =~~~ ~u ~~ 3. ~ 1 ~ ~b~ ~~ ~ ~~ ~tri~t rna~~, bulk, and height ~~°~i ;~~~,:~;~~ ~~~~~~ restr~~;ti~~~s are still in ~laee. Zehren and Associates, Inc. S P R A D D L E CREEK ESTATES Tune 11, 2007 GRFA and Site Coverage Analysis EXHIBIT "D" HILLSIDE RESIDENTIAL - (SUMMARY ) A B C-1 C-2 C-3 C-4 D E-I E-2 E-3 E-4 E-5 H I Parcel 4ot Area Current Plat Allowable S•F• Zonine Pranosed CurrenN Current Bldg Current Plat 15~ HR 02 % FiR Pro[waed Pm Proms. ed L`;k] ~ @~O-C$~ISR~+lS~F~ Conversjgy~ GRFA (SF~' ""` atio Enveloce (SFl Site Cov. (SF) Site Co~~;age Site Coverage Site Covergee tSFI Additional A ~ i al HBlonina" G RFA (SFr' (HR Zonine) ( F nninel••""" CRFA minus (850 X iiado)••"` CRFA (SFl Si[e Cov. (SFl Lot 1 87,399 7,333 11,1385 __ ,10,'66 90 Lot ~ -th'.I-1t. n,~~-1 9.1 0 ~.~~~ 8 0 Lot 3 88,639 '_-8,548 11,963 _ l 1,786 10 0 Lot -i n~.=>ii .u ~ 6 11.'25 ~>.~?i; 8 b Lot ~ b1-,082 C 8'7 _ 10,03 9;631 d Lotc~ 5~,!l~U ti,__'0 II,tiU~ II ~ 10,0 Lot 7: . - 43,833,, 6,309 , 8,825 8,986 ? 8 Lot 8 L873 5,71 I 7,991 k.~39 ? 1 Lqt 9 ;". 63,0-1. , . ':7,269 ,- _ 10,173 _ . 10~ 186 9 Lot lil ~9h ~_, 5 7=- 4,U~1 8.'6~ 7,1 e Lot l l 71,419 ~ ~ ' ~ 7,688 10,759 ] 0,7 ] 0 9 A Lot ,,, __ 96.E 13 R,~,~s I~,at>s I~,~eo IO,a Lot 14 _ 277,500' 1.3,904 _25,185 _ „ 18,480 ]39 Loi 16 31,118 5,397 21,148 7,84b ti i _ ,Totals : .1,102;942 105,40b 157,846 14T,158 ,., 125;3 _.1.234092. 15,295 6,483 13, L'S 17,500 ,1.169864 14,824 ~ 7,698 li,293 17,?2q 1:236619 18,178 ., ~ 5,977._.. : 9,162, 12,216 1.2396^ti _.I2,93S -5459:' = 6,575_ 8,767 I :;? I~ X70 4.?SI 4.?~l 6,;' 1.234393 12,737 -_:: 6,419 9,457- 12,609 1 ~-'ribl~ 1~..~63 -1.8-',~ a.$.1.} 6.-11Q 1.232518 1),247 6,88; 10,773_. .14.284 1 1~00?~ I;,1~0 8.11',8 4,4i~ I9_'-l3 1.000000 _ _ 2.2.948 L3,OS4 41,625 SS,SO(: 140322 <79 5,118 3,118 (i,8~~1 ~,. _ _, 1,717 1;.518 IS~~ 1352 - 1,452 1,308' 1.613 L4~3 1,615 1,414 I,%r,n I,596 1.512 1,308` L39~ 1,594 ~;; ; ., 1,704 1,505,; 1,396 1.615 _, ,_,~~1,788 1,590_ 1.07 970 ,,.. ...- . 0 _. ~, 1,39 1,706 r ~~'~ a 'y~ c ^"~ i.~.= ~'9~ .7.r i ~ '~, y. -¢':~ m! } :,~ r „ s' a a th. ~~ `~etween the ~-Iillside Residential Zone District and :~ tine disc~xssions took place with Town Staff ~hv ~ the g'(~°~ Code, since it only applies to Spraddle ~~~~~c~~cc ~~~3y. ~'he salient differences between the two a y,S' { ~ 4 -'~ z . --?;4 :it .~y ~ xx^~~- ~-.{~ 5 ~~l .~ .. - n ,~ r~,, ~7 r):. w a C t',rS t]~~ ~k-~ x- - - _ . s-k ~. „ty ~~ ~ 7 ~ L. ~.: " ~ ~~ ,~ _ _ .t?- J r; v; ~: Y- .. ~ £ o'. _ ~Y,A x ~' h1 v ~~ tai f(` M~. 4 t - rt ~ YSF 4? 3, _ :: ~t ~ \ ~ Y~~x} y -° 1' August 14, 2007 Vail Town Council Town of Vail 75 South Frontage Road West Vail, CO 81657 Dear Town Council Members, I am writing on behalf of the Vail Board of Realtors to ask for a review of the Open House Sign code in Vail. Currently, only two signs directing the public to an open house are permitted -one offsite and one at the property. While this code made sense when Vail was a small village with only a few roads and properties, it poses great difficulty today in guiding potential buyers to a property that is open for them to tour. There are now hundreds of properties located on numerous side streets and courtyards that may need several directional signs to find. Attached is a letter from Suzanne Dauphinais, a long time member of the Vail Board of Realtors. The Board agrees with her statements regarding the Open House signs. The Vail Board of Realtors requests a moratorium on enforcement of the existing Open House sign rule. We also request that the Town review and amend this ordinance to better serve the needs of Vail property owners who are marketing their homes for sale. Thank you. very much. GE .,~ Cynthia R. Kruse ~``~"`' President-Elect, Vail Board of Realtors 970-376-3673 cc: Stan Zemler, Town Manager Town of Vail Community Development August 8, 2007 RE: Real Estate/ OPEN HOUSE SIGNS Dear Sir- I am sending this by way of the Vail Board of Realtor's new President. Cynthia Kruse. I joined the Board of Realtors in 1979, working for Timberline Properties. When I was with Timberline, I remember, B. Susan Rychel, working with the Town of Vail, getting Open House Signs approved for our use. - I have to admit that I had forgotten this until recently when my sign was delivered to my Open House by Suzie Huxford, the Code Enforcement Officer (by the way Suzie is a very nice, yet professional woman ). Historically, we have placed as many signs as necessary for the time the house was open and removed them at the end of the day. Code Enforcement would collect signs that were left overnight. Clearly, we must enforce TOVaiI regulations and the regulations must make sense. This rxe fails the common sense test. A sign at each offsite intersection is necessary and appropriate to serve the needs of both the Buyers and the Sellers. Please consider an immediate moratorium on the enforcement of this rule and amend the ordinance to accommodate our need to give good directions to the homes we are marketing. Please feel free to call if I can be of any further assistance. Sincerely, Suzanne E. Dauphinais Dauphinais Real Estate, Inc. P.O. Box 1515, Vail, CO. 81658 970-471-5335 RE: Title 11 Sign Regulations, Chapter 7 Other Signs, Section 10 Open House Signs. 11-7-10: OPEN HOUSE SIGNS: A.Open house signs advertising an open house or a showing of the property upon which the sign is located will be subject to the following: 1. Type: The-sign may be freestanding or a ~a~all sign. 2. Quantity: There shall be a maximum of one sign on the property where the open house is being conducted and one directional sign off site. 3. Area: The maximum sign area of any single sign shall not exceed one and one-half (1 1/2) square feet. 4. Height: The height of the sign shall not exceed five feet (5'} as measured from the grade at the base of the sign. 5. Display Duration: The temporary sign shall 6e displayed only during the open house presentation or three (3) days, whichever period of time is shorter. (Ord. 19(2003} § 1 } TCIWNOFYAl1 JUNE 2007 VAIL BUSINESS REVIEW August 7, 2007 The June Vail Business Review breaks down the four percent sales tax collected for June and year to date through second quarter. Overall June sales tax increased 17.5% with Retail increasing 13.6%, Lodging increased 23.3%, Food and Beverage increased 17.3% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 18.9%. Year to date through second quarter resulted in a 7.4% increase overall with Retail increasing 4.9%, Lodging increased 11.1%, Food and Beverage increased 6.8% and Utilities increased 4.6%. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet at ~~~~vu~.vail~ov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from u-~uw.va~ ilgc~v.eom. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970) 479-2119. Sincerely, t lam/ `y~„ Sally Lorton Sales Tax Administrator June 2007 SALES TAX VA/L VILLAGE Retail Lodging Food & Beverage Other Total June June 2006 2007 Collections ~ Collections 92, 393 103,005 64,655 75, 557 113, 797 6, 678 277,523 139,Ofi6 6,295 323,.923 June Change 11.5%' 16.9% 22.2% -5.7% 16.7% L/ONSHEAD June 2006 Collections Retail Lodging Food & Beverage Other Total 18,602 47,7$6 27, 504 3, 099 96,991 19,834 71,107 38,802 5,447 135,190 June Change 6.6% 48.8% 41.1% 75.8% ---- -- 39.4 June 2007 Collections June 2007 SALES TAX ,'ASCADE VILLAGE/EAST VAIL/SANDSTONENVEST va~~ Retail Lodging Food & Beverage Other Total June 2006 Collections 119, 392 51, 449 June June 2007 Collections Change --- ~~ 121,559 1.8% 52,357 1.8% 1 58,366 56,022 -4.0% 4,752 5,518 16.1 -- - - _-- 233,959 235,456 0.6% OUT OF TOWN Retail Lodging Food & Beverage Utilities & Other Total June 2006 Collections 55,404 1,229 June June 2007 Collections Chan e 80,377 45.1 4,632 276.9% i 584 986 68.8% '' 139 675 ° 166,124 18.9 /o 196,$92 252,119 28.0% I June 2007 SALES TAX TOTAL Retail Lodging Food & Beverage Utilities & Other Total June June 2006 2007 Collections Collections 285,791 324,775 165,119 203,653 2ao,~51 154,204 - - 805,365 234,876 June Change 13.6% 23.3°l° ' 17.3°l0 183,384 18.9% 1 946,688 17.5% RETAIL SUMMARY June 2006 Collections June 2007 Collections June Change FOOD 89,406 91,100 1.9% LIQUOR 18,693 19,738 5.6% APPAREL 31,786 39,545 24.4% SPORT 44,287 42,684 -3.6% JEWELRY 10,643 13,075 22.9% GIFT 7,635 8,411 10.2% GALLERY 2,958 7,344 148.3% OTHER 79,550 100,214 26.0% HOME 833 2,664 219.8% OCCUPATION TOTAL 285,791 324,775 13.6% June 2007 YTD Sales Tax VA/L VILLAGE Retail Lodging Food & Beverage Other Total June YTD 2006 Collections 1,632,479 1,698,1.94 1,447,655 81,748 4,860,076 i_ _ - June YTD 2007 Collections 1, 672,130 1,731,397. 1,590,175 69,451 5,063,153 LIONSHEAD Retail Lodging Food & Beverage Other Total June YTD 2006 Collections 530,769 1,095,487 336,434 34,395 1,997,085 June YTD 2007 Collections 551;956 1,211,832 June YTD Change 2.4% 2.0% ~~' 9.8% i -15A% 4.2% June YTD °!o Change 4.0% 10.6°!0 348,748 3.7% 53, 057 54.3% 2,165,593 8.4% ', June 200 7 YTD Sa /es Tax CASCADE VILLAGE/EAST VAIL/SANDSTDNFNVF~r va-- June YTD June YTD June YTD 2006 2007 Collections Collections Change Retail 928,477 957,713 3.1 Lodging I 783,750 893,790 14.0% Food & ' Beverage 410,588 404,861 -1.4% Other , 27,894 32,010 14.8% I 1 --~ _ _ Total 2,150,709 -- 2,288,374 6.4% OUT OF TOWN June YTD June YTD June YTD 2006 2007 Collections Collections Change Retail 230,808 303,055 31.3% ~, Lodging 32,791 174,601 432.5% Food & Beverage 7,889 8,983 13.9% ~ Utilities & 1,235,758 1,288,353 4.3% Other ___ Total 1,507,246 1,774,992 17.8% 1 June 2007. YTD Sales Tax TOTAL Retail Lodging Food & Beverage Utilities & Other Total June YTD 2006 Collections ~~~ 3,322,533 3,610,222 June YTD 2007 Collections 3,484,854 4,011,620 June YTD. Change 4.9% 11.1% 2,202",566 2,352,767 6.8%'j 1,379,795 1,442,871 4.6% __ _ _-- - i 10,515,1'i6 11,292,112 7.4% -- --- RETAIL SUMMARY June YTD 2006 Collections June YTD 2007 Collections June YTD Change FOOD 689,626 698,333 1.3% LIQUOR 159,968 173,424 8.4% APPAREL 425,952 443,080 4.0% SPORT 1,370,774 1;393,716 1.7% JEWELRY 115,801 125,062 8.0% GIFT 65,942 69,964 6.1 GALLERY 30,306 43,241 42.7% OTHER 459,883 533,035 15.9% HOME 4,281 4,999 16.8% OCCUPATION TOTAL 3,322,533 3,484,854 4.9%