HomeMy WebLinkAbout2009-05-05 Agenda and Support Documentation Town Council Evening Session
VAIL TOWN COUNCIL
EVENING SESSION AGENDA
~ (f VAM .
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., MAY 5, 2009
NOTE: Times of items are approximate, subject to change, and cannot
be relied upon to determine at what time Council will consider
an item.
Public comments on work session item may be solicited by the
Town Council
1. ITEM/TOPIC: Citizen Input. (15 min.)
2. ITEM/TOPIC: Vail Youth Recognition Award.
Battle Mountain High School - Eleanor Cahill
Vail Mountain School - Cynthia Edgerton (5 min.)
BACKGROUND: The purpose of the award is to recognize and reinforce
outstanding achievement by youth of the Upper Vail Valley, both for their
individual achievements and as role models for their peers. The Town
Council created this award to acknowledge and reward students from our
communtity schools.
3. ITEM/TOPIC: Appoint one member to the Vail Local Housing Authority
(VLHA) board. (5 min.)
PRESENTER(S): Lorelei Donaldson
ACTION REQUESTED OF COUNCIL: Please interview the VLHA
applicants at the work session and appoint one applicant to the VLHA (term
expires May 31, 2014) at the evening meeting.
BACKGROUND: Applicants must be full-time, year-round residents of
EagleCounty who either are residents of the Town of Vail or work for a
business holding a Town of Vail business license. Authority members must
have a proven ability to be an effective advocate for a full range of housing
projects and be able to promote a vision for local employee housing that has
been approved of by the majority of the Authority. The role of Authority
members is to act as Board of Directors for the business of the Vail Local
Housing Authority. The duties may include Budget Approval, Adopting
Policies, Advocacy, Staff Oversight, Strategic and Long-Term Planning,
Setting Development and Acquisition Parameters and potentially managing
the existing Town of Vail deed-restricted housing inventories. Technical
experience in one of the following areas is also desirable: Financing of Large
Projects, Development, Construction/Construction Management, Planning,
Design, or Legal. The Town received four (4) applications. The applicants
are: Soctt Ashburn, Jason Hartman, Ethan Moore* (*Incumbent board
member) Pamela Hopkins.
STAFF RECOMMENDATION: Appoint one person to the VLHA for a five
yearterm.
4. ITEM/TOPIC: Vail Local Licensing Authority (VLLA) vacancy appointment
approvals. (5 min.)
PRESENTER(S): Lorelei Donaldson
ACTION REQUESTED OF COUNCIL: Appoint two members to the VLLA
board for two year terms each.
BACKGROUND: All VLLA applicants must be citizens of the United States,
qualified electors of the Town of Vail, and have resided in the Town of Vail for
not less than two years preceding appointment, and shall have no direct
financial interest in any license to sell alcoholic beverages or any location
having any such license. Duties of the five-member board include review of
all Town of Vail liquor license applications. There are currently three
vacancies on the LLA. The Town received two (2) applications for the
vacancies. The Council needs to interview the applicants at the work session
and then make the appointments to the LLA at the evening meeting.
The applicants are:
Mark Conlin"
Kevin (KJ) Williams"
"Incumbent board members. Please note KJ was appointed the LLA at the
March 17th town council meeting for a two (2) month period to replace the
vacancy created by Connie Knight.
STAFF RECOMMENDATION: Appoint two people to the VLLA. The Town
Clerk will re-publish the vacancy notice to fill the one vacancy still to be filled.
5. ITEM/TOPIC: Town Manager's Report. (5 min.)
PRESENTER(S): Stan Zemler
6.
ITEM/TOPIC: A Request For Proposals (RFP) to construct two new
employee housing units on the Town owned lot at 2657 Arosa Drive
(commonly known as the A-Frame) which is legally described as Lot 8, Block
C - Vail Ridge. (30 Min.)
PRESENTER(S): Nina Timm
ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications,
or Deny the issuance of the RFP to construct two new employee housing
units at 2657 Arosa Drive.
BACKGROUND: In 1995, as part of a land exchange with the U.S. Forest
Service, the Town of Vail acquired a.418-acre lot zoned primary-secondary.
At the time, an A-frame residence, built in 1972 was located on the property
and was used as rental housing by the town until it was torn down in 2000 to
make way for new employee housing units. At the time, the Town hired an
architect to design a new employee housing duplex. However, the town
changed its priorities before beginning construction of the new units.
STAFF RECOMMENDATION: Approve the issuance of the RFP to
construct two new employee housing units at 2657 Arosa Drive. If the Town
Council decides not to issue the RFP, Staff recommends Town Council place
a deed restriction on the property and sell it.
7. ITEM/TOPIC: Timber Ridge Redevelopment. (30 Min.)
PRESENTER(S): Stan Zemler
ACTION REQUESTED OF COUNCIL: Town Council select a group and
direct staff to enter into a pre-development agreement in regard to the
redevelopment of Timber Ridge. Staff should return to the Council within 60
days with a draft agreement for Council consideration.
BACKGROUND: The Town of Vail issued a RFQ/P for the redevelopment
for the eastern half of the Timber Ridge property. Ten proposals were
received. Of the ten, six teams were interviewed by the Vail Local Housing
Authority (VLHA) and staff. Four of these groups were interviewed by the
Vail Town Council and the VLHA on April 21, 2009.
8. ITEM/TOPIC: 2009 Asphalt Overlay Project Award. (5 min.)
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter
into an agreement with A-1 Chipseal Company, in a form approved by the
Town Attorney, to complete the 2009 Asphalt Overlay Project in the amount
of $348,848.00.
BACKGROUND: The town received four bids for the 2009 Asphalt Overlay
Project. A-1 Chipseal Company was the low bidder. All of the submitted bids
are within budget and below the engineer's estimate. The project consists of
maintenance asphalt overlays on portions of the roads in Main Vail and West
Vail, more specifically, Spraddle Creek Rd. and those roads in the Red
Sandstone Dr. area. The four bids were as follows:
A-1 Chipseal Company $348,848.00
Elam Construction $393,831.00
B&B Excavating $426,831.83
Grand River Construction $439,298.50
The project is budgeted within the Capital Street Maintenance Budget.
STAFF RECOMMENDATION: Authorize the Town Manager to enter into an
agreement with A-1 Chipseal Company to complete the 2009 Asphalt
Overlay Project in the amount of $348,848.00.
9.
ITEM/TOPIC: First Reading of Ordinance No. 10, Series of 2009 adopting a
major amendment to Special Development District No. 2, Northwoods,
pursuant to Article 12-9(A), Special Development District, Vail Town Code, to
allow for a lobby addition and locker reconfiguration; located at 600 Vail
Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing
7, and setting forth details in regard thereto. (PEC090009) (20 min.)
PRESENTER(S): Nicole Peterson
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 10, Series of 2009 on First Reading.
BACKGROUND: The proposed lobby addition and locker reconfiguration
trigger a major amendment requirement under Section 12-9A-2, Vail Town
Code; because the proposed lobby addition expands the existing building
footprint more than five feet, and the lockers were originally built under a
major amendment (Ordinance No. 33, Series of 1991).
STAFF RECOMMENDATION: On April 13, 2009 the the Planning and
Environmental Commission forwarded a recommendation of approval,
with conditions to the Vail Town Council of Ordinance No. 10, Series of 2009,
by a vote of 4-0-1 (Kjesbo recused).
10. ITEM/TOPIC: First reading of Ordinance No. 11, Series of 2009, an
ordinance to amend Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to
establish regulations for temporary building banner signs within the Town of
Vail, and setting forth details in regard thereto. (10 min.)
PRESENTER(S): Rachel Friede
ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town
Council approve, approve with modifications, or deny Ordinance No. 11,
Series of 2009, upon first reading.
BACKGROUND: The applicant, the Vail Valley Foundation, applied for a
prescribed regulations amendment to Title 11, Sign Regulations, Vail Town
Code, in order to facilitate the use of large banners on buildings under
construction to advertise community events. On April 13, 2009, the Town of
Vail Planning and Environmental Commission made a final recommendation
of denial to the Vail Town Council (3-2 vote, with Tjossem and Viele
opposed, Pierce and Palladino absent).
STAFF RECOMMENDATION: Based upon Staff's review of the criteria
outlined in Section V of the Staff inemorandum to the PEC dated April 13,
2009, and the evidence and testimony presented, the Community
Development Department recommends denial of Ordinance No. 11, Series of
2009.
11.
ITEM/TOPIC: First reading of Ordinance No. 12, Series of 2009, an
ordinance establishing Special Development District No. 41, the Vail Row
Houses, pursuant to Article 12-9A, Special Development (SDD) District, Vail
Town Code, and setting forth details in regard thereto. (PEC080074) (60
min.)
PRESENTER(S): Bill Gibson
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 12, Series of 2009, on first reading.
BACKGROUND: On April 13, 2009, the Planning and Environmental
Commission voted 5-0-0 to forward a recommendation of approval to the
Town Council for establishment the proposed special development district.
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends that the Town Council approves, on first reading,
Ordinance No. 12, Series of 2009, an ordinance establishing Special
Development District No. 41, the Vail Row Houses, pursuant to Article 12-9A,
Special Development (SDD) District, Vail Town Code, and setting forth
details in regard thereto.
12. ITEM/TOPIC: Second reading of Ordinance No. 8, Series of 2009, An
Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax
Fund, Dispatch Services Fund, Heavy Equipment Fund and Debt Service
Fund of the 2009 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. (10 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments the second reading of Ordinance No. 8, Series of 2009.
BACKGROUND: To be provided in a separate memo.
STAFF RECOMMENDATION: Staff recommends that the Town Council
approves or approves with amendments Ordinance No. 8, Series of 2009,
upon second reading.
13. ITEM/TOPIC: Resolution No. 11, Series 2009, A Resolution Designating
Bank Accounts for E-Commerce Transactions for the Town of Vail with Stan
Zemler, Pam Brandmeyer, Judy Camp and Jacque Lovato , as the
Designated Signers on that Account. Permitted by the Charter of the Town,
Ordinances, and the Statutes of the State of Colorado; and Setting Forth
Details in Regard Thereto. (5 min. )
PRESENTER(S): Judy Camp / Ron Braden
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution
No. 11, Series of 2009.
BACKGROUND: Town wishes to subscribe to an eCourier transaction
system that allows electronic recordation of land records with the Eagle
County Clerk and Recorder. The eCourier company requires a bank account
for automatic withdraws for the recording fee. The Town anticipates the need
for additional designated bank accounts to support e-commerce. The Town
has the power to designate banks or financial institutions for funds of the
Town. The Town wishes to designate opening an additional bank accounts
with Firstbank of Vail with Stan Zemler, Pam Brandmeyer, Judy Camp, and
Jacque Lovato as signers on this account.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 11,
Series of 2009.
14.
ITEM/TOPIC: Resolution No. 12, Series 2009, A Resolution Approving the
Amendments to the Vail Transportation Master Plan; and Setting Forth
Details in Regard Thereto. (10 min.)
PRESENTER(S): Bill Gibson / Tom Kassmel
ACTION REQUESTED OF COUNCIL: Approve the Amendments to the Vail
Transportation Master Plan.
BACKGROUND: The Planning and Environmental Commission held work
sessions to discuss the proposed master plan amendment on March 23 ands
April 13, 2009. The Town is proposing to consolidate and update the
transportation master planning and design efforts into a single master plan
document. The proposed plan is based upon existing conditions, current
trends and anticipated growth. The proposed master plan is intended to be a
guide for the Town's transportation system for the next 20 years.
STAFF RECOMMENDATION: Approve the Amendments to the Vail
Transportation Master Plan.
15. ITEM/TOPIC: Resolution No. 13, Series 2009, A Resolution Approving the
Skier Drop-Off Easement Agreement Between the Town of Vail, Colorado
(the "Town") and the Vail Corporation dba Vail Associates, Inc ("VAI"); and
Setting Forth Details in Regard Thereto. (15 min.)
PRESENTER(S): Matt Mire / Greg Hall
ACTION REQUESTED OF COUNCIL: Approve the Skier Drop-Off
Easement Agreement, and authorize the Town Manager to sign and enter
into the Agreement with VAI.
BACKGROUND: VAI is the owner of certain real property in Vail commonly
known as the "North Day Lot". The Town has given requisite development
plan approvals for developing the North Day Lot as a multi-family employee
housing residential project together with other related improvements. The
approved development plans provide for the construction and relocation of a
nine (9) space skier drop-off area. The Town and VAI wish to enter into this
Skier Drop-Off Easement Agreement in furtherance of implementing the use
of the skier drop-off area for its intended purposes and of integrating such
use with the future North Day Lot development.
STAFF RECOMMENDATION: Approve the Skier Drop-Off Easement
Agreement, and authorize the Town Manager to sign and enter into the
Agreement with VAI.
16.
ITEM/TOPIC: Resolution No. 14, a resolution approving the increased fees
in the provision of fire protection services out of town limits; and setting forth
details in regard thereto. Increases in other fees as charged by the Fire
Department. (5 min.)
PRESENTER(S): Judy Camp / Mike McGee
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments,
or deny Resolution No. 14 increasing the fees charged for fire protection
services outside of town limits. No formal action is required on other fees,
which are presented for Town Council's review before implementation.
BACKGROUND: Town Council has asked for a review of fees charged for
town services to assure the town's costs are recovered. Fees for fire
protection service contracts were last updated in 1991 and clearly do not
recover the town's costs. Other fees administered by the Fire Department
were last increased in 2003 and also do not recover the town's costs. The
proposed fee schedule increases fees to a level appropriate for 2009.
STAFF RECOMMENDATION: Approve Resolution No. 14 as presented
17. ITEM/TOPIC: Adjournment. (9:55 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL
BEGIN AT 6:00 p.m., TUESDAY, MAY 19 IN THE VAIL TOWN COUNCIL
CHAMBERS.
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: Vail Youth Recognition Award.
Battle Mountain High School - Eleanor Cahill
Vail Mountain School - Cynthia Edgerton
BACKGROUND: The purpose of the award is to recognize and reinforce outstanding
achievement by youth of the Upper Vail Valley, both for their individual achievements and as
role models for their peers. The Town Council created this award to acknowledge and reward
students from our communtity schools.
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: Appoint one member to the Vail Local Housing Authority (VLHA) board.
PRESENTER(S): Lorelei Donaldson
ACTION REQUESTED OF COUNCIL: Please interview the VLHA applicants at the work
session and appoint one applicant to the VLHA (term expires May 31, 2014) at the evening
meeting.
BACKGROUND: Applicants must be full-time, year-round residents of EagleCounty who
either are residents of the Town of Vail or work for a business holding a Town of Vail business
license. Authority members must have a proven ability to be an effective advocate for a full
range of housing projects and be able to promote a vision for local employee housing that has
been approved of by the majority of the Authority. The role of Authority members is to act as
Board of Directors for the business of the Vail Local Housing Authority. The duties may include
Budget Approval, Adopting Policies, Advocacy, Staff Oversight, Strategic and Long-Term
Planning, Setting Development and Acquisition Parameters and potentially managing the
existing Town of Vail deed-restricted housing inventories. Technical experience in one of
the following areas is also desirable: Financing of Large Projects, Development,
Construction/Construction Management, Planning, Design, or Legal. The Town received four
(4) applications. The applicants are: Soctt Ashburn, Jason Hartman, Ethan Moore"
("Incumbent board member) Pamela Hopkins.
STAFF RECOMMENDATION: Appoint one person to the VLHA for a five year term.
ATTAC H M E NTS :
Scott Ashburn VHLA Letter of Interest
Scott Ashburn VLHA Letter of Interest 050509
Ehtan Moore Letter of Interest
Jason Hartman Letter of Interest & Resume 050509
Pam Hopkins VLHA Letter of Interest 050509
J.L. Viele Construction, Inc.
1'rofessional Resume
Scott Ashburn - Project Manager
Education University of Denver
BSBA Real Estate & Construction Management Daniels College of Business
Denver, Colorado
Experience
2005 - Present J. L. Viele Construction, Inc.
Vail, Colorado
Date Proiect Contract Amount
2007 - Present Single Family Residence, Mountain Star in Avon, Colorado $7,500,000
2007 - 2008 Eagle Ranch Addison Center $2,700,000
2007 Starbucks - Tenant Improvement $ 350,000
2007 Skin Deep Spa - Tenant Improvement $ 100,000
2007 Vail Integrated Medical Group - Tenant Improvement $ 150,000
2006 - 2007 Eagle Ranch Fitness Center $2,150,000
2006 - 2007 Eagle Ranch Live/Work Building $2,200,000
2005 - 2006 Eagle Ranch Fulford Building $1,200,000
2005 - 2006 Eagle Ranch 1160 Capitol Street Building $ 950,000
1999 - 2005 LENNAR FAMILY OF BUIDERS (US Home, Laureate, Genesee) Lone Tree, Colorado
Senior Construction Manager
• Oversee daily construction activities for up to 50 homes ranging from $300,000 to $900,000 at multiple sites.
• Manage team of five superintendents and up to 150 trade contractors to efficiently accomplish building projects.
• Enforce quality assurance on all assigned building projects.
• Prepare building plans that are under budget, on schedule, and exceed customer expectations.
• Solve problems with homebuyers, trade partners, and inspectors to ensure cohesiveness throughout the building
process.
• Coordinate the construction process including staffing, supply chain, scheduling, and cost control to maximize
production.
Industrv Accreditation & Traininq
• Qualified Inspection SWAMP
• Construction Workforce Foundation SWAMP Training
• Management Development Evaluation Program
• Class B Supervisor License City of Aurora Colorado
• Leadership Development, Lennar Family of Builders
• Electrical Apprentice State of Colorado
• OSHA Fall Protection
• Leadership Training, Lennar Family of Builders
• OSHA 10 Hour Training Course
• Home Builders Association Quality Control Committee
Communitv Involvement
• Served as Project Director for the Professional Builders program with Habitat for Humanity in Edwards, Colorado.
Structured the pilot program as well as coordinated construction of the 1000`" home built.
• Direct involvement with the University of Denver for three years in which the students design, build, and market a
new home with the proceeds going to the Home Builders Foundation.
J.L. Viele Construction
1000 S. Frontage Road West, Suite 202
Vail. Colorado 81657
Voice (970) 476-3082
Fax (970) 476-3423
info@vielecons[ruction.com / www.vieleconstruction.com
Proridin(] dients Erit6 Projects of outstanding jualit~: and ralue.
3 -1-1
J.L. Viele Construction, Inc.
Scott Ashburn - Project Manager
Responsibilities
Mr. Ashburn is responsible for all aspects of the construction process including pre-
construction services consisting of budget estiinates and value engineering; contract and
sub-contract execution; project administration encompassing change orders, request for
information, and moderating weekly Owner, Architect, and Contractor meetings;
preparation of the inonth payment requests; project scheduling together with coordination
of sub-contractors and materials; project completion coinprising of punch-list execution
and applicable inspections.
Background (see Project Experience list)
Mr. Ashburn has previous experience of 9 years in project management in new
construction with a focus on single family residential and mixed use coinmercial building.
The projects consisted of wood stud framing and structural steel. The interior finish of the
structures has varied greatly based on the Owners specifications.
Mr. Ashburn has been directly involved with construction of the majority of the
mixed-use buildings in Eagle Ranch including the Eagle Ranch Fitness Center, 1160 Capitol
Street with Starbucks, Live/ Work with Skin Deep Spa, Fulford Building with Colorado
Capitol Bank, and Vail Integrated Medical Group within the Fitness Center.
The projects were completed for Wright & Company Developers.
The Eagle Ranch Fitness Center was managed in conjunction with East West Partners and
WECMRD. The Eagle Ranch Starbucks was coordinated with Starbuck's Corporate in
Seattle. The single fainily residence in Mountain Star is a 10,000 square foot project
comprising of conlplex architecture, intricate plumbing and mechaiucal systems, and
exclusive finishes.
Education
Mr. Ashburn holds a BSBA of Real Estate & Construction Management granted by the
Daniels College of Business at the University of Denver.
Personal
Mr. Ashburn is actively involved in the community and has served as the Project Director
for the Professional Builders program with Habitat for Humanity in Edwards, Colorado.
While serving as the Project Director, Mr. Ashburn was responsible for structuring the pilot
program as well as coordinating the construction of the 1000t1I home built. Mr. Ashburn
has also been involved with the University of Denver's program, which allows for students
to design, build and market a new home with proceeds going to the Hoine Builders
Foundation. Mr. Ashburn is an avid Denver Bronco's fan and endeavors to attend all home
games.
J.L. Viele Construction
1000 S. Frontage Road West, Suite 202
Vail. Colorado 81657
Voice (970) 476-3082
Fax (970) 476-3423
info@vielecons[ruction.com / www.vieleconstruction.com
Proridin(] dients Erit6 Projects of outstanding jualit~: and ralue.
3-1-2
J.L. Viele Construction, Inc.
Prior Experience - T.L. Viele Construction -(Project Manager)
Mountain Star Single Fainily Residence - Avon, CO -(2007-Present) -$7.5MM
Addison Center - Eagle Ranch, CO -(2007-2008) -$2.7MM
Starbucks - Tenant Improvement - (2007) - $350,000
Skin Deep Spa - Tenant Improvement -(2007) -$100,000
Vail Integrated Medical Group - Tenant Iinprovement -(2007) -$150,000
Eagle Ranch Fitness Center - Eagle Ranch, CO -(2006-2007) -$2.15MM
Live/ Work Building - Eagle Ranch, CO -(2006-2007) -$2.2MM
Fulford Building - Eagle Ranch CO -(2005-2006) -$1.2MM
1160 Capitol Street Building - Eagle Ranch, CO -(2005-2006) -$950,000
Prior Experience - Lennar -(Senior Construction Manager)
Oversee daily construction activities for up to 50 homes ranging from S300,000 to S900,000 at
multiple sites - Lone Tree, CO - 1999 - 2005
J.L. Viele Construction
1000 S. Frontage Road West, Suite 202
Vail. Colorado 81657
Voice (970) 476-3082
Fax (970) 476-3423
info@vielecons[ruction.com / www.vieleconstruction.com
Proridin(] dients Erit6 Projects of outstanding jualit~: and ralue.
3-1-3
Scott Ashbunl
JL Viele Construction
1000 South Frontage Road West
Suite 202
Vail, Co 81657
March 31, 2009
Lorelei Donaldson
Town Clerlc
Town of Vail
75 South Frontage Road.
Vail, Co 81657
ldonaldson(ccvailgov.coiii
Dear Lorelei Donaldson:
I am writing in response to your notice in the March 23, 2009 Vail Daily for a position on
the Vail Local Housing Authority Board. I am extremely iilterested in beulg considered
for this position. I have lived in Eagle County for 5 years and currently reside in
Edwards. I worlc for JL Viele Construction located in Vail where I am a Project Manger.
During iny tenure in the Vail Valley, I have been apart numerous building projects
throughout Vail and Eagle Cotmty. My direct involvemeilt with Eagle County Habitat for
Huinanity Builder Prograin has eiuiched my awareness of the local housing issues.
Please find my resume for your review. I loolc forward to hearing from you.
Best Regards,
Scott Ashburn
Enclosure
3-2-1
rinity
~~~•f~
EthanMoore, Pastor t~ 970.9261759 (office) t~ 970.331.9657 (cell) t~ ethan@vail.net t~ www.trinityvail.com
Tuesday, April 14th, 2009
To: Lorelei Donaldson, Town of Vail Town Council
Re: Application for re-appointment of Ethan Moore to the Town of Vail Local Housing Authority.
Lorelei, Vail Town Council members:
With this letter I am respectfully requesting that I be considered for appointment to a second term on the
Vail Local Housing Authority. It has been an honor to serve my first term on the board, and if re-
appointed, I look forward to being able to continue serving my community in this capacity.
Thank you!
Sincerely,
K . 4:0~:P~ vvwo'*~
Ethan Moore
P.O. Box 2676, Edwards CO 81632 t5- 970.9261759 (admin. office) t5- 970.9261754 (facsimile) t5- Page 1 of I
3 -3-1
Jason Hartman
1280 North Frontage Rd. W
Unit L-18
Vail, CO 81657
970.306.3212
iason.hartman60(a)amail.com
14 April 2009
Lorelei Donaldson
Vail Town Council
75 South Frontage Rd.
Vail, CO 81657
Idonaldson(5vailgov.com
Dear Ms. Donaldson,
I am home. I have only been in Vail for a year and a half, but it has been
long enough for me to know that this is where I belong. I want to do
everything I can to improve and ensure this community continues to grow and
flourish. This leads to my desire to apply for the vacant position on the
Local Housing Authority Board.
Vail residents are the town's largest assets and they are the main reason
the Valley is such a wonderful place to live, work and visit (and the best
skiing, hiking and biking in the world helps too I suppose). Unfortunately,
housing prices have gone far beyond what most residents can afford and it is
driving hard working people away. I want to help reverse this trend and
keep our best people here, along with attracting those that have been
previously turned away from the Valley's high cost of living.
To sum up my past: I graduated with a degree in Architecture from the
University of Kansas where I took on affordable housing issues in Kansas
City, KS. In addition to creating theoretical projects designed to improve
the housing crisis in the Boulevard Neighborhood, we actually built a
structure in an adjacent neighborhood. My team and I designed and built a
single family home using green technology and student labor, which helped
create a buzz for improving this dilapidated neighborhood.
In addition to my studies, I have seven years of work experience in customer
service and four years in the building industry, with over five of those
eleven years in a supervisory or management position. I am a natural leader
with a professional attitude. I have excellent people skills, I learn new
tasks quickly and I am a highly motivated, hard working individual who has
1280 Nt?tYh F8'oIlYagE' ~.'d WE'SL t+L-78 ifdfl; CO P` 9110,3C ,3L-12 L: 9'i:c~i,Com
3-4-1
been an essential team member in all of my previous endeavors. I would like
to bring this attitude to the people of Vail, and ensure that we are all
living comfortably.
I live in employee housing, so I know firsthand the struggles that most
people who want to live here are facing. I also have the drive to take on
these issues and create better opportunities for the people. I am ready to
serve my community, and i feel that this is the best platform for me to do
so. I am confident that I am the candidate you are looking for and if you
were interested, I would appreciate the opportunity to meet with the Town
Council to discuss this vacancy. Please look over my attached resume and
feel free to call or email me at any time. Thank you very much for your
time and consideration.
Sincerely,
Jason Hartman
1280 Nf:?I"til F:`4:)i'1tagE.'' Rd WE.''SC 3P2°18 i/cliI; CC" ~P- 9 i0, 30::,32 -12 L: 3.,star-~ ?-:,Mr c'E"s~~Ji:l1gli:c;Ii,C.om
3-4-Z
~ducat~on
University of Kansas: Bachelor of Architecture 2'c0,,-,,
Studio 804 - Lawrence & Kansas City, KS ,2::.F~
...a group of 20 students complete the design and construction of a new
residence, experiencing every aspect of the project.
Study Abroad - Siena, Italy & Barcelona, Spain
...instruction in the building customs of Medieval and Renaissance Italy,
followed by studying the modern design practices of Spain.
vVork History
Vail Resorts 1112007 - preseJ?~
Assistant Manager - Two Elk Lodge, Vail, CO
- Assist General Manager in the operations of multiple on-mountain food
venues, managing a staff of up to 60 people.
- Contribute to a fast paced work environment that is safe, friendly and
dedicated to providing outstanding customer service for internal and external
guests.
- Open and close multiple food venues and perform duties such as staff
transport, snow removal, property maintenance, cash handling and financial
reporting.
- Create and maintain weekly staff schedules.
Fru-Con Construction o Ir006 Ova >101
Construction Planner - Procter & Gamble Manufacturing Co. Kansas City Soap Plant
- Created estimates and tracked costs, prepared schedules, and coordinated
sub-contractors across all disciplines for multiple construction projects
throughout the plant.
- Participated in design development/definition with the engineering team, and
generated constructability savings ideas for the owner.
- Enforced strict safety practices due to the nature of the chemical plant.
- Managed an average of 8 projects at a time ranging from $1M -$2MM in this
constantly changing environment.
Lockard Construction
General Laborer - St. Louis, MO
- Assisted small residential construction company with multiple projects around
the St. Louis area by performing various tasks of the building process, such
as installing sheetrock, light framing, painting, concrete work, roofing, etc.
- Projects completed were mostly basement finishes/remodels.
McDonald's .:,;r1996 - 05,12002
Crew Trainer - Columbia, MO & Lawrence, KS
- Supervised a small team of four to six people per shift in the food preparation
and customer service areas of the fast-paced restaurant.
- Trained new crew members the standard operating procedures of the
restaurant in food safety, food production, and customer service.
Resolved customer complaints and conflicts before they became a problem.
Project list on revers..
1280 North Frontage Rd West #L-18 Vail, CO P: 970.306.3212 E: jason.hartman60@gmail.com
3-4-3
J c W b . ~ ~
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Fourth Floor Office Remodel
- Managed the construction and relocation of Procter & Gamble plant personnel
and their Customer Business Center.
- $2.5MM office remodeling and relocation project completed in just four
months to avoid inflated rent offsite.
- Installed new HVAC system and upgraded the communications system, in
addition to new walls, ceiling, lighting, plumbing, flooring and finishes.
Modular 3 0:t/2006 - 0612006
- Prefabricated in a Lawrence warehouse, this modern 2 bedroom home was
shipped to its location at 534 Riverview Dr in Kansas City, KS.
- Designed and built by 20 students from conception to completion in five
months.
- Primary responsibilities for this project were to provide structural design and
construction management.
- Modular 3 has accumulated multiple awards including "Home of the Year"
from Architecture magazine.
West Jr. High School Courtyard o - This courtyard was designed and built by a group of 18 students as a
landscaping effort to improve this gathering space for students before and
after school.
- Added new sitting spaces, unorthodox ivy walls made from rebar, and
improved paving and vegetation.
- This project received the Monsters of Design Honorable Mention Award among
practicing young architects in Kansas City.
[ t~' I . I
- Completed OSHA 10-Hour Training Course in Construction Safety and Health
- Certified by American Heart Association to administer CPR
- 8 years experience with AutoCad/Architectural Desktop (version R14 through
2006)
- Proficient in Adobe Products (Photoshop, InDesign, Dreamweaver)
- Microsoft Office (Word, Excel, PowerPoint, Access, Communicator)
- Microsoft Project scheduling software
1280 NC:?I"ti1 Fs`47i`ltclgE.'' ~Rd WE.''SC 3P L°18 \/ail; CC~ S' "'0 .30::,32 12 j ,so~: ,:,v,.,r 00(q, g'i:<:. ! ,conn
3-4-4
1 11 • 1 11 Architects, P
April 14, 2009
Lorelei Donaldson
Vail Town Clerk
75 South Frontage Road
Vail, Colorado 81657
RE: Local Housing Authority Board Application
Dear Lorelei,
Please accept this letter as my application for a position on the Housing Authority Board. I am
currently serving my second term on the Arts In Public Places Board. I have enjoyed working
with the members of the board and seeing the progress we have made over the past five years. I
served on the PEC from 1985 to 1989 during which time we started the Master Land Use Plan. I
would like to become more involved with the community and the issues of housing and growth
of Vail.
I have worked as a Partner with Snowdon and Hopkins Architects, P.C. in the Vail Valley for the
past thirty-two years and have included my resume with this letter. Our projects have included
custom residences, multi-family developments, and public projects such as the Vail Public
Library. I have been a resident of East Vail for thirty-two years.
I know my experience as a residential architect in Vail will be useful if I were appointed to the
Housing Board.
Thank you for this opportunity to present my qualifications,
~
-gaf(a 4a.
Pamela W. Hopkins, AIA, LEED AP
Snowdon and Hopkins Architects, P.C.
PO Box 3340 • Vail, Colorado 81658 • Phone: 970-476-2201 • Fax: 970-476-7491
3 -5-1
Pamela W. Hopkins, AIA, LEED AP
Registered Architect, State of Colorado (61165)
LEED Accredited Professional
Education
Bachelor of Architecture, University of Colorado
Professional Experience
Partner in charge, Snowdon and Hopkins Architects, PC
Renovation to the Vail Public Library
Addition to the Gilpin County Public Library
1,000 sq.ft.; scheduled construction: June 2008
Addition to the Eagle Public Library
8,500 sq.ft.; scheduled construction: May 2008. On hold
First Bank of Vail
Exterior and landscaping upgrades
Inn at Beaver Creek redevelopment 2006 plans
50,000 sq.ft.
Ski Club Vail redevelopment, Vail, Colorado, 2000
35,000 sq.ft. at the base of Vail Mountain (to be built)
Pinedale Public Library, Wyoming, 1998 (Consultant Architect)
Consulted during design phase for Carney Architects
Eagle Public Library, Eagle, Colorado, 1997
15,000 sq.ft. new library
Avon Public Library, Avon, Colorado, 1995
15,000 sq.ft. new library
Vail Mountain School Library Addition, Vail, Colorado, 1995
3,000 sq.ft. renovation and addition
Vail Police Department and Municipal Complex, Vail, Colorado, 1994
(Consultant to Roth Sheppard Architects)
Gilpin County Public Library, Colorado, 1995
5,000 sq.ft. new library
Emerald Acres Office Complex, Avon, Colorado
45,000 sq.ft. eight building campus
Garden of the Gods Hotel and Condominium, Vail, Colorado
30,000 sq.ft. renovation and addition
Eugene Field Public Library, Denver, Colorado, 1993
(Consultant Architect) Consulted during desjgn phase and interior
layout for Roth Sheppard Architects
Inn at Beaver Creek, Beaver Creek, Colorado
55,000 sq.ft. hotel at base of ski mountain
Stiowdon d • Architects. •
3-5 -2
Flagstaff Public Library, Flagstaff, Arizona, 1987
35,000 sq.ft. new library
Vail Public Library, Vail, Colorado, 1983
15,000 sq.ft. new library
50+ Custom Residences
Associations
American Institute of Architects
Member, Planning and Environmental Commission, Town of Vail (1985-89)
Board of Trustees, Vail Mountain School (1986-2000)
Member, Vail's Arts in Public Places Commission
Member, Design Committee, Performance and Conference Center, Vail, CO
Member, Town of Vail Environmental Strategic Plan Committee
Jury and Awards
1987 Jury, Biennial AIA/ALA National Design Competition
1985 AIA/ALA Award of Excellence - Vail Library
1984 AIA Western Mountain Region Award of Merit - Vail Library
Pubiications
The Vail Library, Solar Age, September 1985
The Vail Library, Process: Architecture (98), Passive and Low Energy Architecture,
September 1991
City of Flagstaff/Coconino County Public Library, Arizona Libraries, September, 1987
City of Flagstaff/Coconino County Public Library, Architecture, October, 1988
Public Libraries, Travel Treasures of the West, Martin B. Rabkin, North American Press,
November 1993
Professional Development
Harvard University Executive Program - Public Libraries - 1995
Harvard University Executive Program - Public Libraries - 2005
Papers authored.
Sustainable Architecture and Green Design
owdo • Architects, .
3-5-3
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: Vail Local Licensing Authority (VLLA) vacancy appointment approvals.
PRESENTER(S): Lorelei Donaldson
ACTION REQUESTED OF COUNCIL: Appoint two members to the VLLA board for two year
terms each.
BACKGROUND: All VLLA applicants must be citizens of the United States, qualified electors
of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding
appointment, and shall have no direct financial interest in any license to sell alcoholic
beverages or any location having any such license. Duties of the five-member board include
review of all Town of Vail liquor license applications. There are currently three vacancies on
the LLA. The Town received two (2) applications for the vacancies. The Council needs to
interview the applicants at the work session and then make the appointments to the LLA at the
evening meeting.
The applicants are:
Mark Conlin"
Kevin (KJ) Williams"
"Incumbent board members. Please note KJ was appointed the LLA at the March 17th town
council meeting for a two (2) month period to replace the vacancy created by Connie Knight.
STAFF RECOMMENDATION: Appoint two people to the VLLA. The Town Clerk will re-
publish the vacancy notice to fill the one vacancy still to be filled.
*(ifvilz
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: Town Manager's Report.
PRESENTER(S): Stan Zemler
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: A Request For Proposals (RFP) to construct two new employee housing
units on the Town owned lot at 2657 Arosa Drive (commonly known as the A-Frame) which is
legally described as Lot 8, Block C- Vail Ridge.
PRESENTER(S): Nina Timm
ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications, or Deny the
issuance of the RFP to construct two new employee housing units at 2657 Arosa Drive.
BACKGROUND: In 1995, as part of a land exchange with the U.S. Forest Service, the Town
of Vail acquired a.418-acre lot zoned primary-secondary. At the time, an A-frame residence,
built in 1972 was located on the property and was used as rental housing by the town until it
was torn down in 2000 to make way for new employee housing units. At the time, the Town
hired an architect to design a new employee housing duplex. However, the town changed its
priorities before beginning construction of the new units.
STAFF RECOMMENDATION: Approve the issuance of the RFP to construct two new
employee housing units at 2657 Arosa Drive. If the Town Council decides not to issue the
RFP, Staff recommends Town Council place a deed restriction on the property and sell it.
ATTAC H M E NTS :
Town Council Memo
Draft A-Frame RFP
A-Frame RFP Drawings
A-Frame RFP Cost Estimate Work Sheet
A-Frame Reports
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: May 5, 2009
SUBJECT: Request For Proposals to Construct a Duplex at 2657 Arosa Drive
The Town of Vail acquired 2657 Arosa Drive (commonly known as the A-Frame) in 1995 as part of a
land exchange with the U.S. Forest Service. At the time, an A-frame residence, built in 1972 was
located on the property and was used as rental housing by the town until it was torn down in 2000 to
make way for new employee housing units. However, the town changed its priorities before beginning
construction of the new units due, in part, to neighborhood opposition. To date, the Town of Vail has
spent approximately $135,000 acquiring the property and demolishing the previous A-Frame house.
Based upon the previous work that was completed, Staff has prepared a draft Request For Proposals
(RFP) for Town Council review and approval. The previous work is to be included the RFP and will
greatly reduce the amount of time a developer will need to respond to the RFP prepare construction
documents to commence construction. Staff believes the existing plans meet current market demands,
but will benefit from limited updating and potential inclusion of some "green" enhancements, that reduce
the overall cost of maintaining the homes.
The following assumptions have been made by the RFP:
■ The Town of Vail will deed restrict the units.
o The deed restriction will limit appreciation to a maximum of 3% per year
o The deed restriction will require owner-occupancy by a full-time, year-round
employee of an Eagle County business
■ The Town of Vail will retain ownership of the land.
o A 99-year land lease will be provided
■ The Town of Vail will sell the units for the cost of construction plus the $135,000 in out-of-
pocket expenses.
o Upon closing, the Town will be reimbursed for its out-of-pocket expenses of
$135, 000
o Any appreciation in the land value will be donated to the development
■ The Town of Vail will provide a construction financing loan at zero percent (0%) interest.
o The Town will be repaid upon sale of the units
■ The Town of Vail will conduct a lottery to pre-sell the units to qualified purchasers.
o The targeted purchasers will be households earning greater than 120% of
Area Median Income (AMI) (In 2008, 120% of AMI for a three-person
household was $90,480)
o A lottery separate from the Master Resale Lottery will be conducted to identify the
purchasers
■ The proposed plans are 65% to 70% complete design/development drawings.
o Additional work will be required to complete the Design Review Application submittal
packet
■ A complete set of constructions drawings will need to be produced.
■ The Community Development Department is prepared to issue the RFP on May 6, 2009,
and have construction commence as soon as practical.
1
6-i-i
~
~
TOWN OF VAIL
%00%,
Request For Proposals
To Construct A Duplex
On A Town Owned Lot
Located at 2657 Arosa Drive
Lot 8, Block C- Vail Ridge
Issued by the Town of Vail
On May 6, 2009
6-2-1
BACKGROUND
The Town of Vail owns a vacant lot zoned Primary-Secondary located at 2657 Arosa
Drive in Vail, Colorado. The lot was platted in 1965, and in 1972, a 2,112 square foot
single-family home was constructed on the property. In 2000, the Town of Vail
demolished the single-family home in preparation for the construction of a new employee
housing duplex. At that time, the Town engaged an architecture firm to design the
employee housing for the property. While the previous design will benefit from some
updates, the Town believes the proposed units will generally meet current employee
housing market demands. Proposed modifications to the design that increase the overall
livability and decrease the cost of operating and/or maintaining the homes will be well
received.
In 1999, the Town engaged the services of Collins & Lampiris to study the potential
geologic hazards of the property. A copy of this study is included with this report. Peak
Land Consultants completed a drainage study for the property and it is included along
with a wetlands delineation report that was completed by Montane Environmental
Solutions.
The current site plan locates the house within the southern side setback, adjacent to the
National Forest boundary. A variance from the Vail Town Code will be required to
locate the home in a side setback. Locating the homes in the southern setback minimizes
the impact to the unnamed drainage that runs on the northern side of the property. The
hydrology report included in this Request For Proposals (RFP) also identifies the need for
twin 30" diameter corrugated metal pipe culverts under the driveway to handle 100-year
snowmelt runoffs that may occur in the drainage.
The Town will deed restrict the units. The deed restriction will limit appreciation to a
maximum of 3% per year and will require owner-occupancy by a full-time, year-round
employee of an Eagle County business. The Town of Vail will provide a subsidy to the
development by providing construction financing at zero percent.
The Town of Vail anticipates moving forward with this as soon as reasonably possible.
The Town will identify qualified purchasers for each unit. Proposals will be evaluated
based upon relevant development experience, total cost, and proposed schedule.
THE PROPERTY
Street Address 2657 Arosa Drive
Legal Address Lot 8, Block C- Vail Ridge
Parcel Number 2103-142-04-025
Property Size 0.418 Acres (18,208 square feet)
Property Zoning Primary-Secondary
Hazards Moderate Debris Flow
6-2-2
THE PROPOSAL
The Town of Vail would like to receive proposals from residential contractors that:
1. Define the project that will be built, including but not limited to exterior and
interior finish materials;
2. A detailed cost of constructing what is proposed;
3. An anticipated development review and construction schedule; and
a. This should include Planning and Environmental Commission
meeting(s) for the set-back variance, Design Review Board meeting(s)
and at least six (6) weeks for the building permit process.
4. Work with Town staff to finalize the construction drawings.
The proposal should identify all team members and their role and responsibility. It
should also highlight relevant experience and expertise. A detailed budget should be
provided as well. Contact information for each team member should also be included.
Twelve (12) copies of each submittal shall be provided along with a digital copy of the
submittal in PDF format.
Town staff will be available, by appointment only, to meet with prospective respondents,
the week of May 11, 2009, to answer any questions related to the proposed development.
All questions must be submitted via e-mail to ntimm(cr~,vail9ov.com three days prior to the
scheduled meeting.
THE SCHEDULE 7~
Request For Proposals Issued May 6, 2009
Questions and Answers by Town Staff May 11 to 15, 2009 (by appointment only)
Responses Due May 21, 2009
Selection of Development Team June 16, 2009
ATTACHMENTS
Architectural Drawings American Architecture Group, 1999
Geology Study Collins & Lampiris, 1999
Hydrology Study Peak Land Consultants, 1999
Wetlands Delineation Montane Environmental Solutions, 1999
www.vailgov.com Vail Town Code
Budget Spreadsheet Excel Spreadsheet
6-2-3
GENERAL CONDITIONS
Limitations and Award
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 rej ect 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 selection based upon the
qualification statements and cost estimate.
~
Equal Employment Opportunity
The selected 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 the RFP may be eliminated by the Town of Vail at any time due to
the progression and sequencing of the scope of work.
~
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6-2-4
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TOWN pF VAVL A-FRAME LOT ZCJNING ARIALYStS
3119109
Aridress: 2657 Arosa Qrive
Legal mescriptian: Lot 8, BIQCk C, Vail Ridge
Zonrng: Two-Family PrimaryfSecondary Residen#iai
Loi Size: 0.417 acres118,164.5 sq ft
SURRQUNDING LAND USES AND ZOIN11NG
Land LJse Zoninq
'bVorth: Low/Medium Qensity Residential Primaryl5econdary
South: Hid6side Residential Not d'esignafed
East: I-70 ROW Not designated
West: Law Density Residentiaf PramaryfSecondary
iI]EVELG?PMENT STANDARd ALLC7WEDlREQU[RED
Lat Area N!Cinimum 15,000 s ft
Eront 5etbaek Minirrrum 20 ft
Side and Rear Setbacks Minimum 15 ft
IBuildl~~g Height 33 ft maxirnum for sVoping roofs
30 f# maximum for flat or rraansard roofs
Dwelling Units 2 DU (one prirnary, one secondarY) p9us 1 Type
IV EHU a4lcrwed
Gross Residentia! Flaor Area (GRFA) 5,911 5q ft(secondary shall not exceed 40% af
atllowable GRFA, or 2,764 s ft
5ite covera e 20% tota0 site area, or 3,632.9 s ft
Landsca e Area 60°/o totaV site area, or 10,898.7 sft
Parking For each unit:
If GRFA < 2000 sq ft, 2spaces requiced
If 2000<GRFA<4000, 3 s aces re uired
Hazards Moderate hazard debris flow
!7#her Sste Cvnditiorss IlVetlands: Requires wetlands c#elineation report
with DRB applicaroan; Army Cvrps of Engineers
a raval rROr to buifdin ermit
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FRDM : Bruce A. Collins FAX NO. : 970 876 5397 Sun. 26 2007 11:45AM P2
COLL1NS & LAMPnas
CON5ULTII+tG [aEflL4GLS'TS
P.O. BOX 23
SiLT, GoLoxADo 81652
PHonrFJFAx (970) 876-5400 (24 H~tim)
EWN'1PAI.$
HnrCC A CA7111w. Pb,D,
Nia;hrafus Lasnpiris. F'h.[3.
April 19, I 9t34
N'ina Tim.m
Communiiy I]evelopment Dept.
Tovvn of Vail
75 Sauth Frontage Road
Vail, CoIorada 81657
RF,; a5 S 7 AP,osA DME -LaT s~~T,Ocrc C, vArLRmGE
IDear Ms. Timm:
I have c,ompleted my review of arrai~le informErtivn regarding gealogic hazards to which#he subject
property is exposed, and haVe visited the site. In addstion I have eonCacted representatives of Dames
& Moar+e, Inc.; Hydro-Triad, Ltd., and Colorado Land ConsWtauts, Inc., regarding the sectsons of
the TmPPm RUNPREI,IIAIIV,PaFtY P1.AN S UBMISSxQN AN[] ENMR[7NMENTAI.IM#'ACTKEP(]It.T piepazed
by these fums, in an wnsuccessU effort tv r,canfirm the runaff calculations and culvert sizing based
therevn for crossing the unnamed drainmge in which the subaect Iot is located.
The property lies in an unnamed drainage at the west end of the Town of Vail, itnmediately upstream
from the apex ofthe smAl1 alluvial fan that resulted from dehris flows frnm the drainage ovex the pas
sevecal thousand yew~s. Tae fan itself has been large1y obliterated by cvnstruction activities related
to Xnterstate Highway 70 and Artrsa I]rive, and the gartion of the drainage of imterest here has be.en
altered to at least srame extent by the consavction of Arosa. Drive as well. Tfae drainage has been
znapped in the "Moderate Hazard" debris flow zone, with this designation ternn.iraating at the edge
of I-7{} appraxamately 170 feet sautheast of Lot 8. The cxiisting structuxe on the lot~ whioh is in
appmximately the same location as #he proposed duplex, and the ex;sting and proposed driveways
are xn the inarrvw flvod plain of the drainagc essentially at the trarasitioz) between the charnel and the
alluvial fan.
I agree wita tlae "moderate" de6ris flow hazard assessnent, althoubh in my vpininn the degree of
haza,rd is slight, 17zere has been uo knovvn debris flow ar even high-watea damage to tha existing
shvcture or the driveway leading to it xn the 20 tv 25 yeeaxxs they have been in plac+e, includiag 1984
when significant debris flows vccuzred in sevexaJ of the drainages narth of I-70, trr in the hi.gh-wat;er
years of 1993 and 1995. There is na evidexx+ce far significsnt «i.ehris flowatang the unciisturbed south
sidc o# th,e drainagc in the vicinity of the lnt,, where conifemus vegetgtinn appears t+o be in the 30 to
70-yeac age range. A singie large a;ngular rock, roughly fow' .feet lnng, twn fee w'ide, and twv feet
high, rests on the esst sie`!e of the channel of the present sLreama neas the ncrrthwest comer existing
structure; whether thas rvek was maved tQ ats present lcx;atinn by debris flow ar was delibetately
FRCA`1 :Bruce A. Collins FAX NO. : 970 876 5397 Jun. 26 2007 11:45RM P3
2657 AR()3A I]1tiVL'• - L0'f` Bi,OCK C, VAMi. RI[7Gf: P3gC Z
placed th= is unknawn.' DtheT rocks alnng the east bank of tha stream mig,ht havt been deptasited
by debris flow, but it must be remembered that this bank was a1tered tv an unknawn exC,ent dur,ing
the canstruction qf Amsa Urive. W#ttere expased the soxl profrle nn the lot cansists shnost entiae:ly
of red to gray sand and silt, alLhough pebbles and rockS up to two feet in maximum size are present
on the Surface in prarts ofthe area. This profiPe suggests that at least the mnre recent debris fiovws that
£urmed the fan immediately below the mvuth of the cirain.age were dominated by mud rather thari
rocls and probably had a hsgher water content ttm cvarser flqws that have occttned elsewhere
(Baoth Creek, for example).
'Me crrigin and characteristics af debris flows in the Vail area are discussed in detail by Mears in his
regort tv the Town p,reserneri in November of 1984 and this discussion will not be repeated here.
There dt'e SeVeYBI iilpqi'tant poiiit5 preSented by MeaTS that muSt be kept iII TP1117d, hvwever. Debris
fluws in the Vail ar+eain histvric time have caccurred in late spring aimost entirely in respnnse ta rapid
snowmelt. Gomributang factors are a 1ow, aLbawe-normal snvwpack; xiorrnal tv below-noralal
teIIYpex"dZLtT#."5 fOllL)Wed by SiIddeTi Warming to above-natmal valies; and bsnk-fi.ill ar #Ioading w+ater
flows in thie sanall, steep drsinage basins typical of the area.. Prvlanged or intense rainfa11 during
periods af rapid snvv►rmelt serves ta decrease stability ofhot.h melfing snvw and underlying slopes,
incrming the possibility vf snow- anci landslides that rostribute tbe debris co the flocrding streams.
L)ebris flnws resulting frvm intense summer thunderstarms, the more likely sceizariv in many other
p~arts ofGalvrado, have certainly awcccurred in the Vail valley aad will ncaeu again, althQUgh they have
nat bean a signifimt fwt4r in the briefhistory ofthe Towci.
The viiscous na#wre of debris flow, together the tendency of the debnis #o chake vff the existing
ebannel and spill aver into aaother or create a oew one, make mvdeling of sicich fl4ws difficult and
accurate predicti4n of debris fl.ow behavior virtually inpassibt.c. Data presen#e,d by Mears (1977,2
P- 22-25, 1984, p. 16) suggest that the ability ofa debris flow to sus~k~ain its naavernent as channel
slvpes deczeases rapidly helow about 15% (8.5 1arger rocks begin ta setitte out and material
coatinuing dawnstrearn cantains mcmAasizig water content. Extrapaiation from his Crlenwvad SPTings
study indica#es that the Welocity of debris flows themselves in similar (slthnugh by no means
identical) conditions ta rhose Found abnve Lot S ciecrease to zem as the siope of the graund vver
which they aarc moving decreases to 8'°/a to 9% (4.6° tca 5.1 The slope of the chanael azid #herefore
assentially the entire aalley flaar of the drainage in question where it crosses the south lot line is
10.5%; It maintains this avexage s1Qpe far abvut 35 ft, tcr a poin# about 75 ft west of the west wsll
of the prapasel struccture, whem Yt decrsases tv an average of 8,5°/a over the next 23 ft and tc+ a
waighted average of 5.5% from apoin.# 54 ft west of the northwest corner of the propnsed structure
gast it to tke pmjected west end of fhe driveway culvert (all as determine+d fram the Peak Land
Surveying tapo,graphic map of Lot 8, shwwing exisi3ng and pragosed struotures, prvvided #o me by ~
the Town o#' Vail). It would thus appear that in the ervent aFa debris flvw iaa this drainege, it will he
sl'owing to a stop as it apprcaches Lot 8 and, other influencing factars aside, wi11 came to astop well
tv the west of the pmposed sttucture. I3ebris flows firquent]y vccur in pulses, hawever, and as
subsequent pulses srop fixrther up the now-rec3ucedMgradiemt cha,nnei water relca-sed from the flows
I t shoula rote that the south side ofthe lot ►vas su6stanrotaUy snow cavere,d attho tima of my examir+ation. An ofd
phatragsapb a£tlre Lcic inidicates that the channd afthe exis[usg sueam was moved 5vm j ust ncmh of Yhe large cock meatianed
6exe tu jusc sauth of {t tn ennnectiem with the wrstruuliart of Arosa Drivre.
2 Mear5, 1977, Debris-tlaw hazard aLuc.iysis and mirigauvn - an exasnple fiuin Gicnwnod 5jr'sngs. Colorada:
Calorado Geo[. Survey in£ Series 8, 51 p.}.
FRaM : Bruce P. Cotlins FAX ND. : 970 876 5397 7un. 26 2007 11:47AM P4
2657 ARVSn L7RrvE - i.on' 8, Rr..cx'x G, VArI. Itnci: Page 3
will cut dovvn ftough thcm, resulting in a teanparm-By-steepened channel tha:t could givc rise to a
smal.l tlaw davm the face of the origin,al flow. Such aflaw wvuld in tum stvp yuick2y as the gradient
decreased.
If the stwdies published by Mears and trie above scenario are aorrect it is unlikely that any but ths
most ca##asstrophic or otherwise unusual delris flvw evenc vv►~iil reach the proposet] structure.
Nevertheless I wntYld recommead the follawing precautions. The structure should be built as high
above the existirag sftam chann.el as gmdiryg and setback restrections allow. Site grading and
fonndatian construction shnuTd rr,ombine so that the top of founciation rualls an at least the west and
north sides extend at least six feet abave the bottom of the sbream channel as measured an a line
perpendicular ta the channel thraugh the northeast comer of the struc.-tuae; at least three feet of this
wall shvuld exteezad above final gmie, should cantain na doars, windnwws, ar ot.her sigaificant
crpernizgs, aund these walls should be designetf in their entirety by $ qualified eng'ineer lo withstand
impact pressures of at least 350 pounds per square fvat_' The site west of fihe stc-ucttuce should be
gaded to guide water sn debris fTow away frntn it, and in particular should be ,graded to prevent
water :frvm t]owing laehind it, along the sout}a side_ As an altematirre ta a six-foot-rei.n.far+ced
foeandatioawall, a G-fraat henm c,onstructeal of large rock and compacted earth or eqtuValeat mawrials
suffcient to withstand am impact laad of4U{? pounds per sqnare foat notched intg the sau#h hxllside
and ,angled from the sauthwest to the arntheast wes# of the structure r,orild te canstructed in such a
maniaer as to channel a debris flow nr flaod to the east. Such a diversion strwcture might cause
sigoificant erasion of the east bank below Arasa Arive, hawever, and wnuld seriously complicate
dra.inage under #he draveway (discussed Further belaw). It wcruld also reqwire imspm-tion and pnssible mainteaance after high-water events that might erode or atherwise w+eaken the bezxn_
Hi,gh waater evem#s which can still carry sigmficant amavnts of mud a.nd vegetation debris, vccurring
in response to eather rapid snowmelt or intense summer shunderstcsrms, are inote likely to reaeh Lot
S thaa fv.l.l-fledged dcbris flows. The Ttappers Run deveIopment plan prvposed the cunstnwticm v#'
a substantaal f l l froam the Arosa pr%we curve immediately northeast of the prvp+erty upstream through
and well gast the lot. T'he existing drainage was to have heen conweyed ben.eath the fi11 thrQUgh a .
culver# approximately 404 f't in Ien,gtb. AI 04-year 24whour peak flow of 184 cubic feet per sccond
(cfs) was catculated, agparently by F)aunes & Moare, Inc., increasiag ta 195 cfs as the result of the
pmpased dcvelopmexat, and a 5¢inch culwert was subsequerztly designed ref carry this flaw. No
calculations substantiating these valutes accompazry #he planning dacunaent, and althnugh I have
contacted Daurnes & Moore as well as 14ydrv-7'riad and Cataxadv Land Cansultants, whiEch used these
numbers for variaus puzposes, Ihave heen unable to locate any dncwnentation of them calculatians.
Utalizing the Office of Surface Mining's STt)RSvi pro,gram (v. 6.21) J havc been able to
aPPmximately recneate the pealc flow ra,te, calculatcd at 151 cfs_ The assumptions usod ta make thi s
calcu]ation assume essentially a`LwanC-WOrs'a Case, W'ith 1 Dd° 3o1l 3AtLlt^817+flfi (AMC-~) t}]xC3ughOllt
the drainage before the 100-ycar estxmated rainfall of 3.0 ine,hcs. Mer assumptzons are shnwn fln
the a#ached summary sheet (V'ail ] O[l-yr 24-hr W orst +Gase}, 5light vaniations in these a.ssumptions
3 The imspw pressure of a debris tlow cari bc app-aximaed ftrn ehe formula P= i4(71g)LPr wbCre P is [he imgac#
gressure in poundslsquare fvoL Y is the den.gity ofthe moving fdow in poundsJcufsio fno+t, g is #he acc.oleration o'fgravi#y (32.2
feetlscccmdx), and U ix the velocity af1he flow nn f~et pes wand (Mears,1975, p. 64). ExtraWlating fmm Mears' Cglenwmd
dafia for simiiar matarixlsr a Itl3x7mfSm VELUCLIy Qg6 RISec 1S eS1iryfAt~d foT R 10F./a RIt11lC, with a maximum flnw density of 125
lbslfV, wbiah produces an estimated imptwt p,rc.3sure of 74 117s1ft. Because of fihc uxccrta&rt'tos invvlved, Y racoenmend a
saf+etY factar of 3, pzcx3uciag th+e reommehded strcuWth tyF354 lbsJ'ft4.
FRQM ~ Sruce A. Cv 11 i ns FAX NQ. : 970 876 5397 Jun, 26 2007 11:47Poh P5
2657 ARQSA axivi. - Los 8, RcAx:K L, Van. Tit*F Page 4
would easxly increasc the calculated discharrge tv the 1$4 cfs given in the 1]anes & Maore regorl.
A simi]ar calculatian far a 25 year 24-hour storm,jvitb 140°Ja saturatian produces a dzwharge at thc
evaluation paint (essentiaily the intace tv the driweway culvert) of 83 cfs (Vai125-yr 24-hir Worst
Gase), Assuming a`narzral." starm situation, that is all Soil Canwrvation Service (SGS) default
values except tirnc of cancentrati.vn, tae lt}0-year 24-hour peak disciarge is 63 cfs and the 25-year
peak is 27 cfs (Vaii l0a-yr and 25-yr 24-hr Nan-satutrated, mspectively). "T'ime of wncenttai.va fox
all ca.ses was calcuiated independcntly 4f upland-curve values ta more wcursteIy mflect #he nature
of the drainage and the inter,siiy of rnvuntain thundcrstozms; using the SC:S va7ues decreases the
caicul.ated discharge in all cases 4ubstantially 4 It shoWd be notad that aeijustmerrt of the SCS cuzve
number ta accouut for tntal saturation w$s the only change between the "watst case" and "non-
saturated" runs, all other assumptians remaining the same.
A rpugh back-aalculati.on with average dimensions from t.fic cxisting charmel suggests ats cspacity
is appruxifinately 54 cfs at a flow speed v#` 8.7 feet per second (attwhed, "Existing Channel). Thus
the ekistzng channel should be able to haridie the cafcul$ted "narmal" 25-yr 24-hr st,ama wit.h litde
di#f'iculty, sa long as it dnes nat became obstruated with debris, and neither the calcuiated "nommnal"
1 QU-yr 24-hr cxr "wQrst case" 25-yr 24 hr geak flvws of 63 cfs and $3 cfs should threaten the
struchue. The suggcsted mitiption measwres for debris flaw abnve shauld minimize any hazard
ffom the calculated IUO-yr 24-hr discharrge of 151 efs.
Based can the ahove Galculatians my calculatiaus sugg,est [hat at the "vvvrst r,ase" 140-yr peak Daw
rate of 151 cfs, multipliei by a safety factvr of 1.2 (cansideri.ng that at'her safety factors have alread;y
been incarpnratec£ va the flow calculxtin;tns) to praduce a design flow of 182 cfs, a rouund concrete=
pipe culvert 48 xnches in diamet,er vx its equiwalent would ise rnecesssry to pass the flow without
unaceeptable danmling afwater on the upstream sidc, althaugh the welacity ra#a.v is virtually 100%.
Evcn at 54 inches a.s recommended in the T'rappers Run plw ffiy preiiminary ca1culations suggest
a headwatear depth of 7 feet. 1he Iarger diarneter was pznbably selected ta facilitate +eleauvut in the
culvert, whicn was ta have heen ahaut 400iR Iong. C?n the other han.d the "nnrmay" adjrYSted 100-,yr
peak flow of 75 cfs can he handled with s 36sinch culvert, with a headwaxex depth of slightly less
tkean 5.5 feet. Use a#' corruga#:d metal pipe will iacrease both the diameters necesSazy to pass thc
flaws and fh.e headwater depths s1ightly. A qualtfied cir+il ertgineer should be consu!#ed to farmulate
actua,l desi,gn requirements for whatever drainage oprian is chosen far the site.
Considering bath the l.imited area and th+e limuted elewAtion difference between Arosa Drivc aud the
prapased structure ava.i,labie for the recvnstructed driveway, I wauld suggest twin 24-inch culverts
together with the "scuipting" of a dip crassing above the culveT#s sufficient #a provide a clannel tv
pass excess wat~er. Even tbns may require moving the a.cccess paint either #"urther upstream or dowr,
in arder tv create the necessary elevation difference. Altercxa.tively a cornbiration of the rcin#`vrced
stream-side fvunciatian fvr the structure recommended above and site grading might suffice ta
incarporate the driveway ixito an Qver#1Dw channel, altFsaugh vvith no signiificarrt elevation differmce
betwe.en the driveway and Arosa Drive at ieast some floading of t#e latter vvauld pxobably also
occtur.
4 The fcmvla ussd te cWcuiar,e tirne of cvnaemtrrstivm, is 0.928(uI.P61(V`)S1), whcrc u is.Mannings n, berc
GaICulatod SB A WC;tzI7Tdhd 3'V2YAg6 of 0.030; 7. ic rf,e length afthe cirainaoe in fezt. L is the ramfalt axces:s tarterisiLy #n iriChea
(rainfall iasmsity le.es infiltratiom: far these calculsiivns infitsxaiaon was agsumcd to Eye 0, Fusd Intensity the cn6rt 24-hr starm
wW in one hour); artd S 4s the sIcrpe ia fe.et per fcwt.
I
FROM : Bru ce A. Co 1 1 i ns FF1X ND. : 970 876 5397 .Tun. 26 2007 11: 413RM F6
2657 ARtasn 1)it]WE-Lv'r 8, RLQC:K C, 4+"Arl, F.l[ac1G Page 5
Drain;age belovv the site consists of a half-buried cuivert that appcars #o be no rxzore than 30 inches
in diameter extendingfi-om asmII depressivn benea.kti an e:nbanlcsnent into a laxger basiD that drains
under I-70 into Gore Creek; the culvcrt under 1-70 appears to be at least 48 inches iri diameter wil'h
a headwater of close to IO feet. A 36-inch culvert is requwred to pass the "nvrnal" 100-year
diseiharge wifha►rt damming that would probably result ia avertapPing oftbe embankment beiow the
driveway. 7'Ws culvert aad the embankmen# thraugh vvhich it passes appaars to be vn the right-vf-
way of Interstate 70.
En sunmary, the structute propased for constructinm mn Lat 2657 Puec►sa Drive, is exposed tu a
moderaate debris flaw hazazd as utdicated vn the Town of Vail gcologic haxa~td maps, but tb.e actual
risk of a damaging debris flow is slight. There have heen nv such events in the 24 to 25 years the
currant s°tructure has been lvcated on the propea-ty. The exposed soil grofle and other evidenr.e
paresent at the site suggesi that flows of predamixtauatly muci with vnly a few larger rvcks were
responsible for at least the upper port3vn ofthe amall fan at the mauth of the drainage, nvw largely
obliterated by the canstructivn of Tnterstate 70. 'Fhe gxadient of the stream as i.t ezftrs the prnperly
as at or near the miaimvm required for debris flow movement The grad.ient from well upstrem of
Lhe grQpased structuxe ta the cast propext3' iine is taelarv this m;nirr,um. The present chatu►el appears
tv be adequate tv cvntain bath nomal2S-year and 100 year 24houx staxm evcnts that do not cvntain
significant debris. 'Ihe proposed structure wuld he expvsed to wapst-case 25-year and 100ym
events dependi-ag on placexnent an the lot, and while the actuai hazard appears mininxal it cou1.d be
expvsed to detari.s flow as well. Nlitigatian steps include locating the structure as high as $ossible
on the ioi, extending reinforced foundation walls so that the conihination of grade aund foundativn
totals at least six feet $bave fhe bottosn of the stream chiume1 at its clQSest po}nt northwest of the
stivcture, extending at least twv feet of the reinforce3 foundRti+on wa1ls abvve final grade regarcHess
of height at}ove the sheam, and fmal gading amund the stru.cture to provide positive drainage away
from it. A partial altemmative ta siting and foundatian mitigatian is a co;mpetent berm. fram the
hilisid.e sauthwest of the structure nartheasterly, paraUel to tbe stream, although this altemzfive has
co7asequences th,at rnay be wnacr.eptable.
Minimal elevatian diffexeaccs and space lirnitations ccmplieft c3esign far a culvert undex the
driveway that will pass even the normal 10(]-year 24-hour wat+cr flvvd event (it should be lcept in
mind that thG "warst csse" 100-year precipitalinn e'vent pmb$bly ha.s an aatual recurrence fi equency
of cnr►sideFably more thatt 100 years because ofthe asswmptian of caincident 100°/9 svxl saturativn).
Based ran prelimirlary calculatavns a 36-inch round cancretc cutvert with a bell end at the headwall
would adequateiy pass the 75 cfs ad3usted peak flow, but would require a headwater of aearly 5.5
feet. F suggest the cvnsideratx:vn of side-by-sxde 24-inch culverts beneath a dip crvssing su#ficicnt
to provide a chtanaeT for excess draiEna€;e over the r.irir+eway. Bath ups#ream and dvwnsiream facefi
of such a structur{e should be ziF-rsplaed vr ntherwise azmored to prevetxt ervsian, and the driweway
a~ea grad,ed sv as to prtvezrt baclup of water toward thc strict=. ne accem point for the drivcvvay
might have to be moved to provisie adequate elevation de'fferences regardless ofwhicb appmach is
chosen_ Ansa#hf;r opti+on would be deepening of the encistzng channer frExm agproximateiy due narth
vf the nortlawest corner of the pmposed structure io the pznpertY lizse, which rnight provide sufficient
elevation for the necessary headwater without reloca#ing the driveway; I dn not have sufficientlyr
de#a.iled taFographic mags te► deCermine the feasihiyity nt'this option. Drainage off the preparfy to
the eut does nvt appear aciec;uate far anarmal 100-yearevern regardless ofthe chvice of €icsigti and
naiti$ation choices raade on the site. SlIECe C11]VCrt de81gtl 19 riDt Iily aY'ea of e?[pert15e, regardless of
the drainage aptiQn selec#r-d a qualit~icd civil engineer sh+ould be e.xnployed to ctanfirm thess cagacity
calcr.lataans and provide fina1 designs.
FR{7M : Bruce A. Collins FFX NO. : 970 676 5397 Jun. 26 2007 11:48AM P7
2657 AEtflsn DRrvE-Lo'r 8, RI.r.x:K C, V,arw. Rlix.r Page f
'1`he property is not included iD mapped sr,►ow avalanche ar rackfall hazard zQnes. Allurrial fan and
channel ~ill degosits derived from Min.tum (Pennsyiva3nian) and Maroon (Pennsylvanian - Fermian)
Fomrnaativn rocics are frequen,tly }aydrocampacrive, and soil testing for fvundation desigiY shQU3d he
sufficient to account far this passibility. The presperty is in a geolvgically sensitive area but sa lang
as finaZ grading and drainage facilities are prvperly designed snd ccrostrr.icted neither the propased
sducture nor the recammendei mitigatians will increase the hazard tv vther property or structures,
or to public righrs--of way, buildings, raads, stmets, ea,semcnts, utilities„ or facilities nr vther
ProPerties a£any kirpd. This report is iuUnded to comply with aaprapriate portians of'I'own ofVail
Regalations Chapter 12-21-15, and nothi:zag corrtaiized hcrein shauld be interpxeted as suggesting fhat
the subject properties are nvt expmsed ta the mapped hazarrds, or that mitigati,oms recommcndei
herein will eliminate such ha,xaxtis in their entirety. If you have aay questiotxs, or if I can be of
further service, please dv not hesitate ta cDntact me.
sin ~OESSrc,~~
.
. -
C
EnC.
~
~
PEAK LAN[3 CONSLILTANT'S, lNC.
PEAK 1.11N[7 SLIRVEYING, IIVG. 970-476-8644 * Fax 970-4 7 s-861 s • 1000 LIDN'S RIDGE LOOP • v.aiL, GO E31657
PEAK CIVIL ENGINEERING, INC.
OFFSITE DRAINAGE STLiI]Y
A-FRAME SI'fiE
TQWN (]F VMl.,, EAGLE CQUNTY, CdLQRADC?
MAY 17, 1999
F'repared For:
T4wn of Vail Community Uevelapment
Prepared By:
Pealc Civil Engineering, Inc.
1040 Lion's Ridge Loop
Vail, ca 81657
PLC 7ob #Sd4
~
z. rNTxOnuc f IoN
The A-Frame duplex is located at 2657 Arosa Drive in the Town afVai1, Ea~le County,
Calorado. The existiilg site is lQcateci at the outlet of a large drainase basin which
extends zaorth appraximately 13,000 feet. The drainage basin consists of aspen farest,
evergreen fflrest, as1d a small amount of resicientiai c3eVelopment.
1'he A-Frrame site is scheduled to he re-developed as Town of Vail ernp4oyee 110using-
This draizaage study estirtiates tlie runaff fran7 a 100-year starm everit and 100-year
snownielt. Additionally, the zbility of proposed dra.inage structures ta convey the rEinoff
thi-QUgh the site is il9ustrated.
IY. HYDR[ILCIGY
The drainage basin fQr the site was defined using the USCrS Vail West aaid Minturn
Quadrangle maps. The basin slopes from narth to sauth and was determined to be
approximately 676 acres(1.06 square rrbiles). The off sixe draznage basin plan is irteluded
in the appendix.
The TFt-55 T'abular Hydxogaph Methaci found in tlie SQftdesk Hydrology Mvdule yvas
used to cornpute a pea}c flowrate for the ]00-year event. A runof#'cu.rve number of 64
was used based on the basins soil tiype anci cover coanditiQns. A chart showing the
percentage of eaver conditions and soil types is found in the appendix. Additionally, a
sails map is faund in the appendix. Rainfall intensity was estAmated frotrt "Procedures
for Determining 1'eak Flovvs in C:olorado", published by US1JA-SCS.
Tirne of concentratian far the basyn was determined to be 0.8166 hours. This valLie was
based on 300 feet of sheet flow, 2300 feet of shallow concentrated f7ow, and 10400 feet
of open channel flow. The data used for time of conceiitration ealculaiaans is shawn 111
the appendix.
The nanoff fl owrate for the 100-year event was determined ta be 44.78 efs. A snowmelt
coefficient of 0.08 cfslacre was alsa used in the analysis, leadinb t~r a sz~4wmelt run.off of
54.12 cfs, Estirnated flawrates over a 24-hour period are shown in the appendix.
, ~M1
I11. HYi3RAUIsIC;S
Flow fraiii the drainage basin enters the existing siEe at the sotitliwestern bauiiclary and
continues along the northern baundary of the site. The drainage channel conveys flow
thrdugh the site passi3lg under the ciriveway throuoh an existing 24-incll culvert. The
channel discharges at the southeast coi-zier of the laf towards a cuivert under 1-70 and
u1#in3ately into the Gore Creek. The current grading allaws water to f[ow a`r,ray frani the
existing bLiilding.
The culvert analysis was performed using the 1 00-yeac snawmelt runaff of 54.12 cfs
since rd is the larger of the two 10(]-year €-unoff values. In the event that the 100-year
rainfall runcaff and 10C1-yeax snowrnelt runoff oceur simultaneously, it is assu(7ied that the
snawrnelt runaff will flow through the culverI and excess rainfall runoff wall overtap t:he
driveway. Therefore, it is reeommendeci that a dip be placed across the driveway to
facilitate flow ta the drainage channel osi the opposite side. Tt1e drivewa.y and
surrouiiding ground slopes away frani the buildinb, sa a dip in the driveway should
adequateiy convey flow away fioni the duplex.
The existing 24" culvert under the driweway will not be adequate to handle the 100-year
snownielt ruiisaffs. 7`tivo 30" corrugated metal pipes with headwalls and end sections are
prDpt]sed, artd will be capable of conveying the 100-year snawrnelt. The corresponding
lieadwater depth far iwo 30" piges is 2.9'. Therefore, it is recorrunended that 3~0' long,
pipes be placed at a4% siape with an invert entrance elevation of 7906.1' and exit
eievation of 7904.9'. This will prevent any damage ta the duplex from headwater
backup. Calculations for the proposed culverts are included in the appendix. See the
Prvposed TQwn of Vail Site Flan in the appendix for plan view of the eulverts.
Channel anatysis and rip rap caiculatiflns were perforrned using the tatal peak
flow(snowmelt runoff and 1 DO-year eWent runoff) of 98.90 cfs. A trapezoidal channel 30
inches high with a bottam width of 24 inches and side s3opes of 1.5:1 is prop4sed ta
convey water ihrvugh the site. Rip rap is recvmnnended at the culvert entranee and exit.
Caleulations for both the channel design and rip rap are included pn the appendix. The
1QCations of channel calculations are slzawn on the Proposed Tvwn of Vail Site Plan.
Appendix
1} C].ff-Site Drainage Map
ii) Rainfall Intensity Map
iii) Soil Sutvey Map
iv} TR-55 Qutput and Supporting !Data
v) Hydraulic Calculations (+Channel, Rip Rap, and Culvert)
vi} Praposed Town of Vail Szte Plan
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A-~'' R-ANIEs TQWN QY'VAIL
WETGHTE D CURV-E NUMBER CALCULAI IONS
SiJB-B1ISIN LArD USE S(]IL GRC3t]F ACR~AGE CN °/n OF T[7TAL
1 WF B ~ 406.43 60 60.0 Z 4VP B 104.97 66 15.5
~ 3 4'V'p D 12.$7 $3 1.9
4 WP B 94.11 GG 13.9
5 IVVP U 11.36 83 1.7
f WF D 10.27 79 1.5
7 WP C I 6,85 77 1.0
8 R 113 C 24.11 81 3.6
9 W F C 5.47 73 0.9
R113 = Residen.tial lats 113 acre
WF = WWaods Fair
tiVP ~ Waacis Poor
Weighied CN = (0.600)(64) + (0.155)(66) + ({}.019)($3) + (6$)(0.139) + (83)(0.017) +
{79}(0.015) + (77)(0.010) + (81)(0.036) } (73)(0.009}
Weigbted CN = 63.85 = 64
-
A-F°KA-ME OFF-STTE T]RAJNAGE SASIN CAT CULATIONS
TR-55 Tahtztar Nvdraprapii Method Inptit Sirmnaary
Descripftion .....................A-F,rame - C]ff-5i4e Drainage
Rainfatt Distrihution Type lI
Ia/P Itlterpolation Off
Total Area 1.0550 mi2
Peak Tiine k 3.(]a(]0 hrs
Peak Flow 44.7824 cfs
Peak 5nQwmelt kunoff 54.12 cfs
~`riven Input I3aka:
Suharea I?IS 5ubareas Area CN Tc Tt RainCal]
33escription (tri2) {€u°s} (hrs) (in)
OFF-SITE I.0560 64 0.8166 0.41004 2.4000
5heet Flow
Manning's n 0.4000
Flow Length 304.0040 ft
"b`wo Yr, 24 iv- Ttainfall 1.4000 in
i,and Slope 0.1330 ft!£t
Camputed Sheet flvw time 0.6107 ttrs
Sballow Coacentrated Flow
Surface i3npaved
Flow Leugth 2300.4(}04 ft
Watercoutse Slope (}.2960 ft/ft
Velocity $.7781 fps
Cvanputed Shallaw fivw time 0.072$ kus
Channel Flow
Flow Area 6.(300() ft2
Wetted Ferimeter 43.2665 in
Flow Lengtb 10400.0000 ft
Channe3 Slope 0.1734 ftff't
Mazuting's n 0.0400
Hydrauiic radius 19.9692 in
Velocisy 21.6988 fps
Computed Chann€1 flow ti.rne a 0.1331 hss
r*r**~wr*r~e*~~r**~~**~*+«***
Tvtai 7ime af Concen[ratian O.8166 kus
R i~ t 7 i! i~ i 1/ 1 i~ i~ f f 1 E r~ 1~~1 A~ 1 f~~~~ Ii F~ F~ 1 f f i i~ 1~ 1 i~ r~~ 1 1 f R
~
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~
4
A-x'rame [7ff-Site IDrainh;e I3asiji Calculufipsis
TR-55 Tabular Data
dff-Site Drainage Data
11,0000 hrs 0.4004 cfs
113004 hrs 0.0000 cfs
11.6000 hrs 0.0000 cfs.
1 1.9f}QQ hrs 0.0400 c1's
12.0404 hrs 17.0000 cfs
12.1000 hrs (}.QQOD cfs
12.2000 hFs O.flOilQ cfs
12.3000 brs 0.24$8 cfs
12.4040 hrs 2.7367 cfs
12.5000 hrs $.4589 cfs
12.6000 hrs 18.1618 cfs
12.7040 h.rs 28.6110 cfs
12.$000 hrs 37.0699 cfs
13.0000 hrs 44.7824 cfs
13.26(]0 hrs 40.5536 cfs
13.4000 hrs 35.0796 cfs
13.6044 hrs 30.3525 cfs
13,8040 b.rs 26.6207 cfs
14.0(300 hrs 23.$844 cfs
14.3000 hrs 20.8995 cfs
14.6000 tTs 18.4106 cfs
15.0[}00 hrs 16.1714 cfs
15.50[}0 hrs 14.6787 cfs
16.0000 hrs 13.4347 e[s
16.5(}00 hrs 12.4396 cfs
17.0000 hrs 11.1956 cfs
17.5(100 hrs 10,6980 cfs
18.0000 hrs 10.2004 cfs
19.0000 hrs 9.4541 cfs
20.0000 hrs 8.2101 cfs
22.0000 hrs 6.9662 cfs
26.0000 hrs D.DC}aa cfs
Peak Time Peak Flvw
13.(}000 h.rs 44.7$24 cfs
Snowmelt Caei'fcieni = cfslaae
Snowrnelt Runoff = 54.12 cfs
TrrtalEeak Flaw = tDi3-'Year Snawmeli RunoiFf'+ 1[l0-Ycar Event Runaff= 98.94 cfs
. ~
C7si-Site Chatulel Calculatians
Chanazei Calcufatnr - 6.67%o Slope
Chajuzei Seetian 1- Northem F.d;e ofPrsaperty
Given Ingiit I]ata:
Stlape `I'rapexoidal
Solving for Degth caf Flow
Flowrate 98.9000 cfs
Slope 4.{1667 ft/ft
Mairiiuig's n 0.0400
Height 30.0004 in
Bottoni width.................... 24.[}000 in
Left slope 1.5000 £tlft
Ftight s4ope 1,504(] fVf't
CnmpLited Restslts:
Deptki 23.7278 in
Velocity 14.0720 fps
Fiow area 9.8193 ft2
Flow perimeter 109.5517 in
Hytlraulic radius 62.9469 in
'1'4p width 95.1833 in
Area 14.3750 ft2
Perimeter 132.1665 in
Percent full 79.0926 %
. Critzcall.nfprmatian
Cr-itical deptta 29.7982 'va
Crirical sIope 0.0248 ftlft
Critica] velocity 6.957I fps
Critical area 142156 ft2
Cr-itical perirrieter 131.43$8 in
Critical hydravlic radius I5.5742 in
Cr-itical top width 113.3945 in
Specific energy 3.5538 ft
Minimum energy 3.724$ ft
Froude number 1.5959
Fl4w conditian Sapercrr,rical
• ,
,
.
On-5ite Channel Calcuiatiqns
Channe! Calcu}ator - 12% Slope
Ghannel 5ection 2-- Above Culvert
Given Input Data:
5hape TXapeznicla!
SoMng faf Depkh of Flow
Ftourrate 98.9004 cfs
Slape 0.1240 ftlft
IvSa,ining's s7 4.0400
Height ~ 30.[}{]00 in
Botrom WEdrh 24.0000 in
Lef't slDpe 1.5000 filft
R.ight slope ].50(]0 ftltt
Cornputed Results:
Depth 20.6608 in
Velcscity 12.5348 fps
Flaw area 7.8900 ft2
Flaw perimeEer 96.4937 in
Hydraulic radius 1 1.5354 in
Top widflt 85.9$25 zn
Area 143750 ft2
Perimeter 132.1665 in
PCICCflt fUlf 68.$695 %
CT1t1C31 Inf01TS13ti0il
Crirical depth 29.7982 in
Criricai slope 0.0248 ftlfr
Critical welocity 6.9573 fps
Critical area 14.2156 ft2
Critieal gerimeter 131.4388 in
Critical hydraulie radius 15.5742 in
Critical tcrp width 113.3945 in
Sgecific energY 4.1635 ft
Minirnuxn energy 3,7248 ft
Froude number 2.1059
Flow cvrariition Supercritzcal
Ctn-Sitc Cttaiuicl CalGUlations
CfYanu-fcl Calculator - I6.€7% Slvpe
Channe7 Sectican 3-- Below Culvert
Given Iziput Data:
Shape Trapezaidal
Solvinb for Depth of Finw
Flowrate 9$.9000 cfs
Siepe 0.1567 ftffr
M3rsiiing's n 0.0400
Height 30,0000 in
Battom width 24,0(}00 in
Left slope 1.5000 Nft
IZight slope 1.5000 ftlft
Camputed itesults:
ep
19.0987 in
Velacity 14.1636 fps
Flow area 6.9827 ft2
Flow perimeter 92,8613 in
Hyciraulic radius l b.8281 in
TaF width 81.2961 in
Area 14.3750 ft2
Perirneter 132.1665 in
Pereent full 63.6623 a/o
Cririca4 Jnfatmatian
Crirical depth 24.79$2 in .
Critical slape 0.024$ f#lft
Critica] velocity 6.9571 fps
Cnhcal area 14,2156 ft2
Critical perimeter 131.438$ in
Crirical hydraulic rad'rus 15.5742 in
Critical top width 113.3445 in
Spec'sfic energY • 9.7091 fr
Minimum energ}+ 3.7248 ft
Fraude nunber 2.4595
Flow candirion Supercrirical
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CLASSIFICA7IDN AND GRADATION 4F dRdINARY RIPPAP -
Ripra p % Smaller 7han intermediate Rock dsa
Des7gnatinn Giuen 5ize D7mension ,
_ By Weight (Inches) { Inches)
-
ryae VL 70-100 12
5C]-70 9
35-5[l 6 6**
2-1D 2
Type L 70-100 15
50-70 12
35-50 9 9**
2-lfl 3
Type M 10-100 21
50-70 1$
3a-5Q 12 12
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5Q-70 24
35-5(] 18 18
2-1C} 6
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5a-7o 33
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2-io 9
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GRADA i ION flF ORDINARY RIPRAiP
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Marining Fipe Caicutatoi - 2 X 30" Cu[verds
GiWen Input Data:
Shape Cia'cular
Diartieter 30.0000 in
Flpu+rate 27.0600 efs
Slope 0.0400 ftlft
Manning's n 0.0240 ~
Compufed Kesitlts:
Depth 169045 in
Area 4.90$7 ft2 ~
Wetted Area 18501 ft2
Wetted Perimeter 50.9432 in
Perimeter 94.2478 iz7
Velocity 9.4945 t"ps
Hydraulic Radius 8.0562 u1
Percent Full 56.3484 %4
Full fiow Flovrrate 44.4352 cfs
Full flaw ueloeity 9.0323 fps
Critical Infozznatian
Critieat depth 2I.6807 iai
Critica] slope 4.0185 ftlft
Critical velocity 7.0355 fps
Critical area 3.8462 ft2
Critical perimeter.............. 60.4853 in
Crirical hydraulic radius 9.156$ in
Gritical Fvp width 30.(1000 in
Specific energy................r 2.$095 ft
Miaiinutn energy 2.7101 fr
Fraude number 1.5682
Flow condition Supercritical
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C. M. P1PE CULVERTS
FEpERAL IiIGH1NAY AUMINISTFiAT10iV 13-76 r■ ITH I NLET CONTRdL
i
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WETLAN D QEI.~NEAT[ON REPOR1T
AROSA DRIVC, VAIL '
EAGLE COUN n', CC.LORADO
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NO1 I A`S13E lk 5, 0999
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f~rcpiryrd ~4~r
H I[-. TOWN OF VAI1.
Nrpamd trf-
M+QN`fiANEFNTVIRONMEN"1'AiL 5OL C'TIflNS, Ltd.
1101,;] ~..~1TI(:l . BO\ 3611
\'AL COLOR-:M--X') 81658
(970) 328-6158
-3 M'. 374 230.~ '75 _ ~76 ~.ioa ~ei nw vnrt aass ~7
fVAlL WESTI '~77 Vq~l~ j MI. 25'
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F1C,LIRE 1
SITE VIC1NITY MAP y , -
uscS 7.5 MiNu-re Qu,w AROSA DRIVL, WrST VAIL
~
MrvruRN, coL,ortnDO AFFORDABLE HOUS[NG PROJECT
FA,GLE COUN IY, COLC7R_,a.L3O
WE l i,f1NQ DEL'fNFA-110N R-EPOR:i
AK~'15,A DR,IVF., U'Ail.,
Trr,\GLL,L. COlil V 1 1 rCOl.OKA1__/O
1. ll VI ALQQUC 1 AVl V
Nfontane Envi.ronmental Solutions, Ltd. (Montane) was retained by The Town of Vail {Town} to
identify jurisdictional wetlands that may occur on Town properry lsxated on Arosa Drive in West
Vail. The property is a 0.417 acre lot located in rtie NE Va NW tIa Section 14, 1'ownship 5 5outh,
Range $1 West, 10}6° 25' 31" West, 39" 37' 25" Nortlz (Site). it is accessed Fraiii the Wesc Vad exit ,
caf 1-70, west to the end of north frantage road west which turns nortli and !becomes Arasa I]rive.
(1=1GURE 1). The Site is the first Int can the south west coxner of Arosa Drive.
TEie delineatian was conducted an Ncsven7ber 1999 as part of planning efforts zn the
developaxxent mf affordable housing an the Site by the Town.
R. GEN~=.RA, SI'IL DESCRIPI'ION
The Sire is located at rhe west ement of the Town of Vail, immediately east of Dowd )unction. It is
a gently sloping lot which is at the toe of a steep lodgepole forest to the west. Undeveloped aspen
waoaiana is immediately north and Arpsa Drive is tD rhe east and sourh of the Site. A srnall
abandoned house exis'ts an the Site. This structure will be remcsved as part of the affvrciable
housing development.
Hr. WE"ILAND L3FSCR.YI'TlON
T1ze wetland is a law order narrow fringe riverine wetland associated with a small unnamed
drainage flowing narth to sauth through the 5ite. The drainage was dry at the zime af survey ~
despite being supported by an apparently large clrainage area. Very little wetland developrnent wa,fi
eVident anci ir► mosC areas the wetland boundary was confined to the banks of the small drainage.
Cn a short sectian, a few willows alongside the drainage indicated a wider influence of hydrology.
DVhere the drrainage daylights from a eulvert below the Site driveway it is lineci with large boulders
and t"rmbers. It then widens for twenty feet before entering anotlier culvent and dL,;appearing
under I-74. It is possible that the vvetlarid may be confineci ta the imrriediate drainage, but due to
Che difficuIties of deCineating in the late fa11, the wetiand ruas assumed to fallorav a wider area and a
top4graphic break. ?he vegetative community was dominated by nQn-natiVe grasses such as smootti
brorne and archard grass.
Iv`. METHC3D5 USi1]
TIYe wrtland clelineation niethcxls used were in accorciance vrrith rhe L1.S. Army Corps of Engira.eers
Wetlaiids F7elineation Manual, January 1987, except that soil pits were not dug because ttie
Wetlana Vehrie<uion - Rmsu I}riae. Town of Vui! 1999 p. I
subsurface was froxen. The bounciary was primarily baseci upon topc?graphy and identifiahle
vegetation. Tf any ittipact5 are groposed, iC is recorrtmended that the bvundary be verified in the
spring.
V. R,FSCaLIRCFS
1. U.S. Army Cotps of Engineers (1987), Wetiand L)elineatian Manual,
2. U.S. Fish arid Wildiife Service 088)„ Nationai L.ist of Plant S ecie5 that Occur in. etlancis
Re ion 8 .
3. Weber, W.A. (1996}, CDlorado Flora:(W estern 51upe), Colorado Associated University Press..
WecIand Defineation - Amau F3rive. Town of Viei! 1999 p. 2
~ 1 41 ~
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*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: Timber Ridge Redevelopment.
PRESENTER(S): Stan Zemler
ACTION REQUESTED OF COUNCIL: Town Council select a group and direct staff to enter
into a pre-development agreement in regard to the redevelopment of Timber Ridge. Staff
should return to the Council within 60 days with a draft agreement for Council consideration.
BACKGROUND: The Town of Vail issued a RFQ/P for the redevelopment for the eastern half
of the Timber Ridge property. Ten proposals were received. Of the ten, six teams were
interviewed by the Vail Local Housing Authority (VLHA) and staff. Four of these groups were
interviewed by the Vail Town Council and the VLHA on April 21, 2009.
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: 2009 Asphalt Overlay Project Award.
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an
agreement with A-1 Chipseal Company, in a form approved by the Town Attorney, to complete
the 2009 Asphalt Overlay Project in the amount of $348,848.00.
BACKGROUND: The town received four bids for the 2009 Asphalt Overlay Project. A-1
Chipseal Company was the low bidder. All of the submitted bids are within budget and below
the engineer's estimate. The project consists of maintenance asphalt overlays on portions of
the roads in Main Vail and West Vail, more specifically, Spraddle Creek Rd. and those roads in
the Red Sandstone Dr. area. The four bids were as follows:
A-1 Chipseal Company $348,848.00
Elam Construction $393,831.00
B&B Excavating $426,831.83
Grand River Construction $439,298.50
The project is budgeted within the Capital Street Maintenance Budget.
STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement with
A-1 Chipseal Company to complete the 2009 Asphalt Overlay Project in the amount
of $348,848.00.
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: First Reading of Ordinance No. 10, Series of 2009 adopting a major
amendment to Special Development District No. 2, Northwoods, pursuant to Article 12-9(A),
Special Development District, Vail Town Code, to allow for a lobby addition and locker
reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B,
Vail Village Filing 7, and setting forth details in regard thereto. (PEC090009)
PRESENTER(S): Nicole Peterson
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 10, Series of 2009 on First Reading.
BACKGROUND: The proposed lobby addition and locker reconfiguration trigger a major
amendment requirement under Section 12-9A-2, Vail Town Code; because the proposed
lobby addition expands the existing building footprint more than five feet, and the lockers were
originally built under a major amendment (Ordinance No. 33, Series of 1991).
STAFF RECOMMENDATION: On April 13, 2009 the the Planning and Environmental
Commission forwarded a recommendation of approval, with conditions to the Vail Town
Council of Ordinance No. 10, Series of 2009, by a vote of 4-0-1 (Kjesbo recused).
ATTAC H M E NTS :
Town Council Memo
Attachment A - PEC Memo
Attachment B - Vicinity Map
Attachment C - Plans
Ordinance No. 10, Series of 2009
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: May 5, 2009
SUBJECT: First Reading of Ordinance No. 10, Series of 2009 adopting a major amendment to
Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special
Development District, Vail Town Code, to allow for a lobby addition and locker
reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of
Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC090009)
Applicant: Pinos Del Norte Homeowners Association, represented by Fritzlen Pierce
Architects
Planner: Nicole Peterson
1. DESCRIPTION OF THE REQUEST
This is a proposed major amendment to SDD No. 2, Northwoods, which requires a
recommendation by the Planning and Environmental Commission (PEC) and an ordinance
review and approval by Town Council under Section 12-9A, Special Development District, Vail
Town Code. The applicant is proposing the following improvements to the Pinos Del Norte
building and property, which comply with all zoning and land use requirements:
Proposed Improvements:
• Common lobby addition (280 sf)
• Reconfiguration and increase of existing outdoor storage lockers (16 to 20)
• Boiler room remodel and addition (14 so
• Heated pavers and reconfigured sidewalk and patio
• Porte cochere (15' x 19' rooo
• Exterior garage doors, farade and retaining walls
• Landscaping improvements at garage entrance and lobby
Staff has attached a copy of the Staff inemorandum to the PEC dated April 13, 2009. Since
the PEC April 13, 2009, public hearing, the applicant has met the PEC recommended
condition #1, which requested a minimum 4.5 foot setback for the proposed lockers. Due to
that change, please be aware that the attached PEC memorandum sections and information
have changed as follows:
PEC Memorandum Chanqes:
• Zoning and Land Use Section:
o Existing/ Approved setback on the west side should read 4.5 feet, instead of 5
feet, which was clarified in a survey, presented to the PEC.
o Proposed setback on the west side should read 4.5 feet, which complies with the
existing approved development plan.
• Review Criteria and Findings Section:
o Design Criteria A, third (last) paragraph, no longer applies because the proposal
now meets all zoning and land use requirements.
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• Attachments Section:
o`Plans' attachment from the PEC memo is not included because the plans have
been revised to reflect the 4.5 foot setback on the west side.
o To reduce confusion, only the revised proposed plans are attached for the
Council's review.
II. BACKGROUND
On April 13, 2009 the Planning and Environmental Commission forwarded a recommendation
of approval, with conditions to the Vail Town Council of Ordinance No. 10, Series of 2009,
by a vote of 4-0-1 (Kjesbo recused). The Commission recommended the following conditions:
1. Locker setback: The applicant shall submit revised development plans that illustrate
the proposed ski storage lockers setback a minimum of 4.5 feet from the west property
line, prior to the final review of the development plans by the Town of Vail Design
Review Board.
* Condition met: Since the PEC hearing, the applicant has revised the proposed
development plan to show the proposed ski storage lockers setback a minimum of 4.5
feet.
2. Utility Sign-off.- The applicant shall receive final review and approval of the location of
the proposed lockers within the utility easement along the west property line, by the
utility companies, prior to the final review of the development plans by the Town of Vail
Design Review Board.
* Condition met: Since the PEC hearing, the applicant has submitted the appropriate
utility signatures.
3. Signs: The applicant shall receive final review and approval of a sign permit for any
proposed sign, by the Town of Vail Design Review Board, prior to installation of any
signs on the property.
4. DRB approval: The applicant shall receive final review and approval of the proposed
development plan, by the Town of Vail Design Review Board, prior to application of a
building permit.
* On April 15, 2009, the DRB conceptually reviewed the proposed improvements and
directed Staff to approve the proposal, pending Council's decision.
5. ERWS Encroachment: The applicant shall receive final review and approval of an
encroachment agreement for the proposed lockers in the utility easement, by the Eagle
River Water and Sanitation District, prior to issuance of a building permit.
6. Fire Safety: The applicant shall receive final review and approval of a fire safety plan
for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by
the Town of Vail Fire Department, prior to issuance of a building permit.
7. Revocable ROW.- The applicant shall receive final review and approval of a revocable
right-of-way permit for any landscaping or improvements in the right-of-way, by the
Town of Vail Public Works Department, prior to issuance of a Certificate of Occupancy.
* Since the PEC hearing, the applicant has submitted a revocable right-of-way permit
application. However, the permit will not be approved until the improvements are
completed and inspected.
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VI. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
The Planning and Environmental Commission forwards a recommendation of approval, with
conditions to the Vail Town Council for the proposed amendment to Special Development
District No. 2, Northwoods, pursuant to Article 12-9A, Vail Town Code, through Ordinance No.
10, Series of 2009. PEC's recommendation is based upon the review of the criteria found in
Section V of this memorandum and the evidence and testimony presented.
Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on first
reading, the Planning and Environmental Commission recommends the Vail Town Council
pass the following motion:
"The Vail Town Council approves, with conditions, on first reading, Ordinance No. 10,
Series of 2009, an ordinance to allow a major amendment to Special Development
District No. 2, Northwoods, pursuant to Article 12-9(A), Special Development District,
Vail Town Code, to allow for a lobby addition and locker reconfiguration; located at 600
Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract 8, Vail Village Filing 7, and
setting forth details in regard thereto."
Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on first
reading, the Planning and Environmental Commission recommends the Vail Town Council
approve with the following conditions:
1. Signs: The applicant shall receive final review and approval of a sign permit for any
proposed sign, by the Town of Vail Design Review Board, prior to installation of any
signs on the property.
2. DRB approval: The applicant shall receive final review and approval of the
proposed development plan, by the Town of Vail Design Review Board, prior to
application of a building permit.
3. ERWS Encroachment: The applicant shall receive final review and approval of an
encroachment agreement for the proposed lockers in the utility easement, by the
Eagle River Water and Sanitation District, prior to issuance of a building permit.
4. Fire Safety: The applicant shall receive final review and approval of a fire safety
plan for any proposed changes or alterations to the fire alarm and fire sprinkler
systems, by the Town of Vail Fire Department, prior to issuance of a building
permit.
5. Revocable ROW.- The applicant shall receive final review and approval of a
revocable right-of-way permit for any landscaping or improvements in the right-of-
way, by the Town of Vail Public Works Department, prior to issuance of a
Certificate of Occupancy.
Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on first
reading, the Planning and Environmental Commission recommends the Vail Town Council
makes the following findings:
1. That the amendment complies with the design criteria, based upon the review
outlined in Section V of the Staff's May 5, 2009, memorandum to the Vail Town
Council; and
2. That the amendment is consistent with the applicable elements of the adopted
goa/s, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town, based upon the review
outlined in Section V of the Staff's May 5, 2009, memorandum to the Vail Town
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Council; and
3. That the amendment is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas, based upon the review outlined in Section V
of the Staff's May 5, 2009, memorandum to the Vail Town Council; and
4. That the amendment does promote the health, safety, morals, and general welfare
of the Town, and does 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 highest quality,
based upon the review outlined in Section V of the Staff's May 5, 2009,
memorandum to the Vail Town Council.
VII. ATTACHMENTS
A. PEC Memo, April 13, 2009
B. Vicinity Map
C. Plans Dated April 24, 2009
D. Draft Ordinance No. 10, Series of 2009
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Attachment B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 13, 2009
SUBJECT: A request for a recommendation to the Vail Town Council on a proposed major
amendment to Special Development District No. 2, Northwoods, pursuant to
Article 12-9(A), Special Development District, Vail Town Code, to allow for a
lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos
Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and setting forth
details in regard thereto. (PEC090009)
Applicant: Pinos Del Norte Homeowners Association, represented by Fritzlen
Pierce Architects
Planner: Nicole Peterson
1. SUMMARY
The Applicant, Pinos Del Norte Homeowners Association, represented by Fritzlen Pierce
Architects, has requested a major amendment to Special Development District (SDD)
No. 2, Northwoods, to allow for a lobby addition and locker reconfiguration; located at
600 Vail Valley Drive (Pinos Del Norte).
Staff is recommending approval, with conditions of the major amendment to SDD No.
2, Northwoods, based upon the criteria and findings found in Section VII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
This is a major amendment to SDD No. 2, Northwoods, which requires a
recommendation by the Planning and Environmental Commission and an ordinance
review and approval by Town Council. The applicant is proposing the following
improvements to the Pinos Del Norte building and property:
~ Common lobby addition (280 sf)
~ Reconfiguration and increase of existing outdoor storage lockers (16 to 20)
~ Boiler room remodel and addition (14 so
~ Heated pavers and reconfigured sidewalk and patio
~ Porte cochere (15' x19' roof)
~ Exterior garage doors, farade and retaining walls
~ Landscaping improvements at garage entrance and lobby
The proposed lobby addition and locker reconfiguration trigger a major amendment
requirement under Section 12-9A-2, Vail Town Code; because the proposed lobby
addition expands the existing building footprint more than five feet, and the lockers were
originally built under a major amendment (Ordinance No. 33, Series of 1991). No
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additional GRFA is proposed; as the additions are `common space' as referenced in
Section 12-15-3(B)(1)(a) Common Spaces, Vail Town Code.
III. BACKGROUND
Special Development District (SDD) No. 2, Northwoods, was adopted by Ordinance No.
6, Series of 1974. The Pinos Del Norte (Building C) and property is part of SDD No. 2,
however it is managed by a separate homeowner's association from the Northwoods
Condominiums (Buildings A, B, D, E, and F). SDD No. 2 has been amended two times
since its inception including the following:
1. Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and
minor arcades as accessory uses.
2. Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage
lockers, boulder retaining wall, sidewalk and landscaping.
IV. ROLES OF THE REVIEWING BOARDS
Planninq and Environmental Commission (PEC):
The PEC shall review the Major Amendment to a Special Development District pursuant
to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The
Planning and Environmental Commission may recommend approval of the
amendment, may recommend approval with such conditions as it deems
necessary to accomplish the purpose of this title, or may recommend denial of the
amendment.
Town Council:
The Town Council shall consider but shall not be bound by the recommendation of the
Planning and Environmental Commission. The Town Council shall approve, approve
with conditions or deny the proposed amendment by ordinance, pursuant to criteria set
forth in Section 12-9A-8: Design Criteria and Necessary Findings.
V. APPLICABLE PLANNING DOCUMENTS
Section 12-9A: Special Development (SDD) District
12-9A-1: PURPOSE: The purpose of the special development district is to encourage
flexibility and creativity in the development of land in order to promote its most
appropriate use; to improve the design character and quality of the new development
with the town; to facilitate the adequate and economical provision of streets and
utilities; to preserve the natural and scenic features of open space areas; and to
further the overall goa/s of the community as stated in the Vail comprehensive plan.
12-9A-2: DEFINITIONS (in part)
Maior Amendment: Any proposal to change uses; increase gross residential
floor area; change the number of dwelling or accommodation units; modify,
enlarge or expand any approved special development district (other than `minor
amendments' as defined in this section).
Minor Amendment: Modifications to building plans, site or landscape plans that
do not alter the basic intent and character of the approved special development
district, and are consistent with the design criteria of this article. Minor
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amendments may include, but not be limited to, variations of not more than five
feet (5) to approved setbacks and/or building footprints.
VI. ZONING AND LAND USE
Zoning: Special Development District No. 2 and underlying High
Density Multiple Family (HDMF) District
Land Use Plan Designation: Medium Density Residential
Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet
Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet
(Northwoods 1999 survey & Pinos Del Norte 2005 survey)
The following standards are for the entire SDD No. 2:
Development Standard Allowed/Req.* Exist/Approved Proposed
Min. Setbacks**:
North: 10' 12' (Bldg C) No change
South: 10' 23' (Bldg F) No change
East: 10' 27' (Bldg F) No change
West: 10' 5' (lockers) 2'
Max. Building Height: 45 feet 2-5 stories No change
Max. Density: 139 DU*** 92 DU No change
Max. GRFA: 175,000 sf 154,638.8 sf No change
Max. Site Coverage: 25% 24.4% (61,506 sfl 24.6% (61,869)
(363 sf proposed)
Min. Landscape Area: 60% 62.6% 62.4%
(545 sf proposed)
Min. Open Space: 38,659.7**** 157,629 157,084
" The allowed or required development standards were gathered from Ordinance No. 33, Series of 1991
and are not proposed to change in the draft Ordinance No. 10, Series of 2009.
Setbacks are measured from property line to exterior walls at the closest point and are applied to the
perimeter of SDD No. 2. Existing setback measurements were gathered from the 1999 topographic site
survey of Northwoods and the 2005 topographic site survey of Pinos Del Norte.
The original approved development plan for SDD No. 2 included 139 dwelling units, however only 92
units were constructed (Additional units were planned for the F building site).
The minimum open space required is set forth in Ordinance No. 33, Series of 1991, which states: 1 sq.
ft. per 4 sq. ft. of GRFA (Existing = 154,638.8) or 125 sq. ft. per dwelling (Existing = 92). The greater of the
two options is the GRFA calculation which resulted in 38,659.7 sq. ft.
VII. REVIEW CRITERIA AND FINDINGS
Section 12-9A-8, below, outlines the design criteria for Special Development Districts.
Staff has responded to each of the criteria as they relate to the proposed improvements
at Pinos Del Norte.
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12-9A-8: DESIGN CRITERIA:
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. It shall be the burden of the
applicant to demonstrate that submittal material and the proposed development plan
comply with each of the following standards, or demonstrate that one or more of them is
not applicable, or that a practical solution consistent with the public interest has been
achieved:
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, sca/e,
bulk, building height, buffer zones, identity, character, visual integrity and
orientation.
The applicant is proposing to update and remodel the Pinos Del Norte building
and site to improve the overall visual character and architectural design of the
building and site. The proposed improvements include:
• Common lobby addition (280 so
• Reconfiguration and increase of existing outdoor storage lockers (16 to 20)
• Boiler room remodel and addition (14 so
• Heated pavers and reconfigured sidewalk and patio
• Porte cochere (15' x19' rooo
• Exterior garage doors, farade and retaining walls
• Landscaping improvements at garage entrance and lobby
Staff believes that the general design and character, of the proposed additions are
compatible with the existing building and neighborhood and that the additions
further the visual integrity of the development. The proposed lobby addition is in a
location that is not visible from the public right-of-way, or surrounding properties
and the improvements to the vehicle entry area enhances the aesthetics of the
site from Vail Valley Drive.
Staff is concerned, however with the lack of a`buffer zone,' as identified in this
criterion, or setback along the west property line. The applicant is proposing to
construct the reconfigured lockers closer to the west property line (2-2.5 feet) than
they exist today (5 feet). Therefore, Staff is recommending, through a draft
condition, that the applicant revise development plans, prior to final design
approval, that illustrate the lockers setback a minimum of 5 feet from the west
property line. The reason for the minimum setback is to maintain a more
appropriate distance or `buffer zone' from the adjacent property and not encroach
further into the existing 10 foot utility easement, along the west property line.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Staff believes the proposed uses, activities and density continue to provide a
compatible, efficient and workable relationship with surrounding uses and activity.
The proposed improvements are meant to increase the usable function of the
existing uses and activities and provide an enhanced arrival experience at the
vehicular and pedestrian entrances to the site. No additional density (GRFA) is
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proposed because the additions are `common space' as referenced in Section 12-
15-3(13)(1)(a) Common Spaces, Vail Town Code. With no additional GRFA, there
is no Inclusionary Zoning (employee housing) mitigation requirement.
C. Compliance with parking and loading requirements as outlined in Chapter
12-10 of the Vail Town Code.
The proposed improvements do not generate the need for additional parking
spaces. The current site is in compliance with the requirements set forth in
Chapter 12-10, Vail Town Code. The proposed improvements including the new
retaining walls, garage farade and porte cochere are meant to improve the
aesthetics and efficiency of the vehicular entrance to the site.
D. Conformity with the applicable elements of the Vail Comprehensive Plan.
Staff has reviewed the Town of Vail Land Use Plan and believes the Plan goals
listed below are upheld by the proposed additions.
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
E. Identification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the proposed
additions are not located in any geologically sensitive areas or within the 100-year
floodplain of Gore Creek or its tributaries.
F. Site plan, building design and location and open space provisions designed
to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
The proposed improvements do not further disturb any natural features or
vegetation. The proposed improvements are sensitive to existing trees and
landscaping and will improve the aesthetics of the building and site.
G. A circulation system designed for both vehicles and pedestrians addressing
on and off-site traffic circulation.
The applicant is proposing improved pedestrian circulation by proposing heated
pavers and new sidewalk/ patio area at the pedestrian entrance. The applicant
also plans to improve the vehicle entrance and circulation efficiency by installing a
new porte cochere, reconfiguring the dumpster enclosure for improved efficiency
5
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and generally updating and improving the farade of the garage entrance area.
Staff believes the proposed remodel will improve the pedestrian and vehicle
experience on-site and that the proposal has little to no effect on the off-site traffic
circulation.
H. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and functions.
Landscaping along Vail Valley Drive is being substantially upgraded with the
replacement of the existing gabion walls with stone veneer walls, the addition of
wrought iron gates and the addition of numerous plants. Staff believes the
landscaping plan will preserve and improve the natural appearance of the site.
1. Phasing plan or subdivision plan that will maintain a workable, functional
and efficient relationship throughout the development of the special
development district.
The applicant is proposing to construct the improvements all at once; no phasing is
proposed.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval, with conditions
of the proposed amendment to Special Development District No. 2, Northwoods,
pursuant to Article 12-9A, Vail Town Code, to the Vail Town Council. Staff's
recommendation is based upon the review of the criteria found in Section VII of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council of this proposed amendment, the
Community Development Department recommends the Commission pass the following
motion:
"The Planning and Environmental Commission recommends approval, with
conditions, of a major amendment to Special Development District No. 2,
Northwoods, pursuant to Article 12-9(A), Special Development District, Vail Town
Code, to allow for a lobby addition and locker reconfiguration; located at 600 Vail
Valley Drive (Pinos Del Norte, Building C)/Part of Tract 8, Vail Village Filing 7,
and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this
amendment, the Community Development Department suggests the following
conditions:
Design Review:
1. The applicant shall submit revised development plans that illustrate the proposed
ski storage lockers setback a minimum of 5 feet from the west property line, prior
to the final review of the development plans by the Town of Vail Design Review
Board.
2. The applicant shall receive final review and approval of the location of the
proposed lockers within the utility easement along the west property line, by the
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utility companies, prior to the final review of the development plans by the Town
of Vail Design Review Board.
3. The applicant shall receive final review and approval of a sign permit for any
proposed sign, by the Town of Vail Design Review Board, prior to installation of
any signs on the property.
4. The applicant shall receive final review and approval of the proposed
development plan, by the Town of Vail Design Review Board, prior to application
of a building permit.
Building Permit:
5. The applicant shall receive final review and approval of an encroachment
agreement for the proposed lockers in the utility easement, by the Eagle River
Water and Sanitation District, prior to issuance of a building permit.
6. The applicant shall receive final review and approval of a fire safety plan for any
proposed changes or alterations to the fire alarm and fire sprinkler systems, by
the Town of Vail Fire Department, prior to issuance of a building permit.
7. The applicant shall receive final review and approval of a revocable right-of-way
permit for any landscaping or improvements in the right-of-way, by the Town of
Vail Public Works Department, prior to issuance of a Certificate of Occupancy.
Should the Planning and Environmental Commission choose to approve this
amendment, the Community Development recommends the Commission makes the
following findings:
"The Planning and Environmental Commission finds:
1. That the amendment complies with the design criteria, based upon the review
outlined in Section Vll of the Staff's April 13, 2009, memorandum to the
Planning and Environmental Commission; and
2. That the amendment is consistent with the applicable elements of the
adopted goa/s, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town, based
upon the review outlined in Section Vll of the Staff's April 13, 2009,
memorandum to the Planning and Environmental Commission; and
3. That the amendment is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas, based upon the review outlined in
Section Vll of the Staff's April 13, 2009, memorandum to the Planning and
Environmental Commission; and
4. That the amendment does promote the health, safety, morals, and general
welfare of the Town, and does 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 highest quality, based upon the review outlined in Section
Vll of the Staff's April 13, 2009, memorandum to the Planning and
Environmental Commission.
IX. ATTACHMENTS
A. Vicinity Map
B. Plans
C. Draft Ordinance No. 10, Series of 2009
7
9-2-7
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ORDINANCE NO. 10
SERIES OF 2009
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 1991,
NORTHWOODS, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 2, NORTHWOODS IN
ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO
ALLOW FOR THE CONSTRUCTION OF A LOBBY ADDITION, LOCKER RECONFIGURATION
AND GENERAL IMPROVEMENTS, LOCATED AT 600 VAIL VALLEY DRIVE (PINOS DEL NORTE,
BUILDING C)/ PART OF TRACT B, VAIL VILLAGE FILING 7;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Special Development District No. 2 was established June 4, 1974; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously approved development plans for Special Development Districts; and
WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33,
Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods,
specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the
proposed lobby addition, locker reconfiguration and site improvements; and
WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting
recommended to Town Council by a vote of 4-0-1 (Kjesbo recused) to approve, with conditions the
proposed amendment to Special Development District No. 2.
WHEREAS, the proposed major amendment complies with the design criteria set forth in the
Zoning Regulations for amendments to a Special Development District; and
WHEREAS, the proposed major amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with
the development objectives of the Town; and
1
Ordinance No. 10, Series of 2009
9-5-1
WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
WHEREAS, the proposed major amendment promotes the health, safety, morals, and general
welfare of the Town, and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established character as a
resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
*All additions are illustrated with bold italics and deletions are illustrated with c4riLo4hrni ,,.h
~
co~+iv.,n T
vcvarr
. r~.. . .
Section 1 18.4Q - Purpose
A special development district is established to assure comprehensive development and use of an
area in a manner that will be harmonious with the general character of the town, provide adequate
open space and recreational amenities, and promote the objectives of the zoning ordinance of the
town. Ordinarily a special district will be created only when the development density will be lower than
allowed by the existing zoning, an environmental impact report indicates that the special development
will not have a substantial negative effect on the Town or its inhabitants, the development is regarded
as complementary to the Town by the Town Council, Planning and Environmental Commission, and
Design Review Board, and there are significant aspects of the special development which cannot be
satisfied under the existing zoning.
2
Ordinance No. 10, Series of 2009
9-5-2
Section 2 1 °.42 2a -Established
Special Development District No. 2, Northwoods was established under the provisions of the
original Vail Zoning Code, specifically Chapters 18.02 and 18.6, Special Development District.
The development standards for Special Development District No. 2 were established and
adopted by the Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974.
Subsequent amendments have been adopted through the following ordinances:
• Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and minor
arcades as accessory uses.
• Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage
lockers, boulder retaining wall, sidewalk and landscaping.
• Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration
and site improvements at Pinos Del Norte, Building C.
. . ,
. , Let , ,
, . ,
aFea , . . 19.42.14,
, ,
spaGe, , ,
4~hio 7.642 Anro.' Sh'"a-r e-fe-Fred- 4ZVVrG "cnn ni., 2.2 /(lrrl C^~CT°-~
3
Ordinance No. 10, Series of 2009
9-5-3
Section 3 18.4Q -Development Plan Adopted
The following documents comprise the development plan for Special Development District No. 2,
Northwoods:
1. The development plan of Vail Associates, Inc., for its Northwoods development. The
development plan includes but is not limited to the following data:
a. The environmental impact report, which was submitted to the zoning administrator in
accordance with Chapter 18.56;
b. Existing and proposed contours after grading and site development having contour
intervals of not more than two feet where the average slope on the site is twenty-five
percent or less, and contour intervals of not more than five feet where the average
slope on the site is greater than twenty-five percent. Supplemental documentation of
proposed contours shall be submitted to the zoning administrator with the plans # or
each phase of the development;
c. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations
and dimensions of all buildings and structures, uses therein, and ail principal site
development features such as landscaped areas, recreational facilities, pedestrian
plazas and walkways, service areas, driveways, and off-street parking and loading
areas;
d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger,
showing existing landscape features to be retained or removed, and showing
proposed landscaping and landscaped site development features such as outdoor
4
Ordinance No. 10, Series of 2009
9-5-4
recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water
features, and other elements;
e. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch
equals one foot or larger, in sufficient detail to determine gross residential floor area,
interior circulation, locations of uses within buildings, and the general scale and
appearance of the proposed buildings shall be submitted on a phase basis;
f. An architectural model of the site and the proposed development, photographs, at a
scale of one inch equals thirty feet or larger, portraying the scale and relationship of
the development to the site, and illustrating the form and mass of structures in the
development;
g. Since phased construction is contemplated, a program must be submitted indicating
order and timing of construction phases, phasing of recreational amenities, and
proposals for Interim development:
2. The amended Development Plan for Special Development District No. 2, Northwoods,
specifically the Pinos Del Norte Condominiums (Building C), to allow for the
construction of the proposed lobby addition, locker reconfiguration and site
improvements, according to plans prepared by Fritzlen Pierce Architects, dated April
24, 2009.
AWW'
Section 4 IS.^o - Permitted Uses
The following uses shall be permitted in the SDD No. 2 district:
A. A maximum of one hundred thirty-nine dwelling units;
5
Ordinance No. 10, Series of 2009
9-5-5
B. A maximum of six dwelling units to house onsite management personnel.
Section 5 IS.^o - Conditional Uses
The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a
conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits,
Vail Town Code. . .
A. Private clubs and civic, cultural and fraternal organizations,
B. Ski lifts and Tows;
n.
C. Public buildings, grounds and facilities;
D. Public park and recreational facilities.
E. Major arcade, so long as it does not have any exterior frontage on any public way, street,
walkway, or mall area.
1 sz .~2 mn _
Section 6 Accessorv Uses
The following accessory uses shall be permitted in the SDD No. 2 district:
A. Private underground garages, swimming pools, patios, or recreational facilities customarily
incidental to permitted residential uses;
B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area;
C. Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of Section 12-14-12, Home Occupations, Vail Town Code 18.
a-S-58-a-g9;
6
Ordinance No. 10, Series of 2009
9-5-6
D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary
far the operation thereof.
F. Minor arcade.
Section 718.42.080- Lot Area and Site Dimensions
I sz 42 020
Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet (Pinos Del Norte 2005 survey)
Site Area (Northwoods): 4.97 acres/ 216,388.65 square feet (Northwoods 1999 survey)
Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet
.~:Section 8 1 R.^~-~°C) Setbacks ~
The required setbacks shall be as indicated in the development plan, orbe+Rg a minimum of ten feet.
Section 9IS.40 - Distance Between Buildinqs
The minimum distances between all structures shall be as indicated in the development plan, being a
minimum of thirty feet.
Section 10 IR.^0 Heiqht
The maximum height of buildings shall be forty-five feet.
Section 11 IS.^0 - Densitv
7
Ordinance No. 10, Series of 2009
9-5-7
The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall
not exceed one hundred seventy-five thousand square feet.
Section 12 IS 42 1-20 Buildinq Bulk
The maximum length of any wall of a building face shall be one hundred seventy-five feet with a
minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in
the same plane between any two corners of a building shall be two hundred
twenty-five feet.
Section 13 1R42 1-40 Site Coveraqe
Not more than twenty-five percent of the total site area may becovered by buildings.
Section 14 IS.^0 - Open Space
A. Useable open space for dwelling units shall be required as indicated in the development
plan, but in no case shall the useable open space requirements be less than as follows:
1. A minimum of one square foot of useable open space for each four feet of gross residential floor
area;
2. Not less than one hundred fifty square feet of useable open space shall be provided for each
dwelling unit.
B. Useable open space may be common space accessible to more than one dwelling unit, or private
space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the
8
Ordinance No. 10, Series of 2009
9-5-8
required useable open space shall be provided at ground level, exclusive of required front setback
areas.
C. At least seventy-five percent of the required ground-level useable open space shall be common
space. The minimum dimension of any area qualifying as ground level useable open space shall be
ten feet.
D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies
or roof decks. The minimum dimension of any area qualifying as non-ground-level useable open
space shall be five feet, and any such area shall contain at least fifty square feet.
Section 15 IS.^0 - Landscapinq and Site Development
A. At least sixty percent of the total site area shall be landscaped as provided in the development
plan.
B. Within any area exempted from onsite parking and/or loading requirements, property owners or
applicants shall be required to contribute to the town parking fund, established by this section for the
purpose of ineeting the demand and requirements for vehicle parking. At such time as any property
owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area
which would require parking and/or loading areas, the owner or applicant shall pay to the town the
parking fee required in this section prior to the issuance of a building permit far said development or
redevelopment.
1. The parking fund established in this section shall receive and disburse funds for file purpose of
conducting parking studies or evaluations, construction of parking facilities, the maintenance of
9
Ordinance No. 10, Series of 2009
9-5-9
parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative
services relating to parking.
2. The parking tee to be paid by any owner or applicant shall be determined by the town council;
provided in the event shall it be less than one thousand dollars per space, and in addition, that
owners or applicants similarly situated shall be treated equally in any payer's funds are not used by
the town for one of the purposes specified in subdivision within five years from the date of payment,
the unused portion of the funds shall be returned to the payer upon his application.
3. In accounting far the funds expended from the parking fund, the finance department shall use a
first in/first out rule.
4. If any parking funds have been paid in accordance with this section and if subsequent thereto a
special or general improvement district Is formed and assessments levied for the purpose of paying
for parking improvements, the payer shall be credited against the assessment with the amount
previously paid.
~o .
Section 16 18.4Q Parkinq and Loadinq
A. The quantity of off-street parking and loading facilities shall be provided in accordance with
Section 12-10, Off Street Parking and Loading, Vail Town Code. G"°p+°F 18 F''
At least eighty-five percent of the required parking shall be located within the main building or
buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and
screened from view; and provided, further, that no required parking shall be exposed surface parking
unless such is necessary and approval therefore is attained from the planning commission.
G. No parking or loading area shall be located in any required front setback area,
10
Ordinance No. 10, Series of 2009
9-5-10
Section 17 Conditions of Approval
The following conditions shall apply to the approval of the proposed lobby addition, locker
reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce
Architects, dated April 24, 2009, located at Pinos Del Norte, Building C:
1. Signs: The applicant shall receive final review and approval of a sign permit for any
proposed sign, by the Town of Vail Design Review Board, prior to installation of any signs on
the property.
2. DRB approval: The applicant shall receive final review and approval of the proposed
development plan, by the Town of Vail Design Review Board, prior to application of a building
permit.
3. ERWS Encroachment: The applicant shall receive final review and approval of an
encroachment agreement for the proposed lockers in the utility easement, by the Eagle River
Water and Sanitation District, prior to issuance of a building permit.
4. Fire Safety: The applicant shall receive final review and approval of a fire safety plan
for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by the
Town of Vail Fire Department, prior to issuance of a building permit.
5. Revocable ROW.• The applicant shall receive final review and approval of a revocable
right-of-way permit for any landscaping or improvements in the right-of-way, by the Town of
Vail Public Works Department, prior to issuance of a Certificate of Occupancy.
11
Ordinance No. 10, Series of 2009
9-5-11
Section 18
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.
ection 19
S
The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the
effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under of by virtue of the provision repeated or repealed and reenacted. The repeat of
any provision hereby shall not revive any provision or any ordinance previously repeated or
superseded unless expressly stated herein.
Section 20
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 la revise any bylaw, order,
resolution or ordinance, or part thereof, theretofore repealed.
12
Ordinance No. 10, Series of 2009
9-5-12
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of the
Ordinance set for the 19th day of May 2009, in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
Richard Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
13
Ordinance No. 10, Series of 2009
9-5-13
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: First reading of Ordinance No. 11, Series of 2009, an ordinance to amend Title
11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations
Amendment, Vail Town Code, to establish regulations for temporary building banner signs
within the Town of Vail, and setting forth details in regard thereto.
PRESENTER(S): Rachel Friede
ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve,
approve with modifications, or deny Ordinance No. 11, Series of 2009, upon first reading.
BACKGROUND: The applicant, the Vail Valley Foundation, applied for a prescribed
regulations amendment to Title 11, Sign Regulations, Vail Town Code, in order to facilitate the
use of large banners on buildings under construction to advertise community events. On April
13, 2009, the Town of Vail Planning and Environmental Commission made a final
recommendation of denial to the Vail Town Council (3-2 vote, with Tjossem and Viele
opposed, Pierce and Palladino absent).
STAFF RECOMMENDATION: Based upon Staff's review of the criteria outlined in Section V
of the Staff inemorandum to the PEC dated April 13, 2009, and the evidence and testimony
presented, the Community Development Department recommends denial of Ordinance No.
11, Series of 2009.
ATTAC H M E NTS :
Ord 11 Series of 2009 TC Memo 050509
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: May 5, 2009
SUBJECT: First reading of Ordinance No. 11, Series of 2009, an ordinance amending Title 11,
Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed
Regulations Amendment, Vail Town Code, to establish regulations for temporary
building banner signs within the Town of Vail, and setting forth details in regard
thereto. (PEC090006)
Applicant: Vail Valley Foundation
Planner: Rachel Friede
1. DESCRIPTION OF THE REQUEST
The applicant, the Vail Valley Foundation, is requesting a first reading of Ordinance No. 11,
Series of 2009, an ordinance amending Title 11, Sign Regulations, Vail Town Code,
pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to
establish regulations for temporary building banner signs within the Town of Vail, and
setting forth details in regard thereto.
Staff requests that the Vail Town Council approve, approve with modifications, or deny
Ordinance No. 11, Series of 2009, upon first reading. Attached to this memorandum are
the following documents for review: Ordinance No. 11, Series of 2009 (Attachment A), April
13, 2009, Staff inemorandum to the Planning and Environmental Commission (Attachment
B), and updated renderings of signage provided by the applicant (Attachment C).
II. BACKGROUND
The applicant, the Vail Valley Foundation, applied for a prescribed regulations amendment
to Title 11, Sign Regulations, Vail Town Code, in order to facilitate the use of large banners
on buildings under construction to advertise community events. On April 13, 2009, the
Town of Vail Planning and Environmental Commission made a final recommendation of
denial to the Vail Town Council (3-2 vote, Tjossem and Viele opposed, Pierce and Palladino
absent).
III. STAFF RECOMMENDATION
Based upon Staff's review of the criteria outlined in Section V of the Staff memorandum to
the PEC dated April 13, 2009, and the evidence and testimony presented, the Community
Development Department recommends denial of Ordinance No. 11, Series of 2009.
Should the Town Council choose to deny Ordinance No. 11, Series of 2009, the
Community Development Department recommends the Town Council pass the following
motion:
1
10 -1-1
"Based upon the review of the criteria outlined in Section V of Staff's April 13, 2009
memorandum and the evidence and testimony presented, the Town council denies
Ordinance No. 11, Series of 2009, an ordinance amending Title 11, Sign
Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations
Amendment, Vail Town Code, to establish regulations for temporary building banner
signs within the Town of Vail, and setting forth details in regard thereto, with the
following findings:
1. That the amendment is not consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive Plan
and is not compatible with the development objectives of the Town; and
2. That the amendment does not further the general and specific purposes of the
Sign Regulations outlined in Section 11-1-2, Purpose, Vail Town Code; and
3. That the amendment does not promote the health, safety, morals, and general
welfare of the Town and does not promote the coordinated and harmonious
developmenf of the Town in a manner that conserves and enhances its natural
environment and ifs established character as a resort and residential community
of the highest quality. "
Should the Town Council choose to approve these amendments, the Community
Development Department recommends the Town Council pass the following motion:
`Based upon the review of the criteria outlined in Section V of Staff's April 13, 2009,
memorandum and the evidence and testimony presented, the Town Council
approves, on first reading, Ordinance No. 11, Series of 2009, an ordinance
amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3,
Prescribed Regulations Amendment, Vail Town Code, to establish regulations for
temporary building banner signs within the Town of Vail, and setting forth details in
regard thereto, with the following findings:
1. That the amendments are consistent with the applicable e/ements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive Plan
and is compatible with the development objectives of the Town; and
2. That the amendments further the general and specific purposes of the
Development Standards outlined in Section 11-1-1, Purpose and Intent, Vail
Town Code; and
3. Thaf the amendments promotes the health, safety, morals, and general welfare
of the Town and promotes the coordinated and harmonious development of the
Town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality."
IV. ATTACHMENTS
A. Ordinance No. 11, Series of 2009
B. April 13, 2009, Staff inemorandum to the Planning and Environmental Commission
C. Updated renderings of temporary building banner signs
2
10- 1 -2
Attachment A
ORDINANCE NO. 11
SERIES OF 2009
AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN
CODE, PURSUANT TO SECTION 11-3-3, PRESCRIBED REGULATIONS
AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR
TEMPORARY BUILDING BANNER SIGNS WITHIN THE TOWN OF VAIL, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the applicant, the Vail Valley Foundation, requests that the Vail Town
Council amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for
temporary building banner signs within the Town of Vail in order to promote community events;
and,
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a
public hearing on April 13, 2009 and reviewed and forwarded a recommendation of denial to the
Vail Town Council for the proposed text amendments to the Sign Regulations in accordance
with the procedures and criteria and findings outlined in Section 11-3-3 of the Vail Town Code;
and,
WHEREAS, the Town Council finds and determines 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, based
upon Section V of the Staff inemorandum to the Planning and Environmental Commission dated
April 13, 2009, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Sign Regulations, based upon Section V of the Staff
memorandum to the Planning and Environmental Commission dated April 13, 2009, and the
evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines 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 highest
quality, based upon Section V of the Staff inemorandum to the Planning and Environmental
Commission dated April 13, 2009, and the evidence and testimony presented.
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 Title 11, Sign Regulations in
order to establish regulations for temporary building banner signs.
Section 2. Section 11-2-1, Definitions, Vail Town Code is hereby amended as
follows (Text that is to be deleted is stror-kep. Text that is to be added is bold. Sections of text
that are not amended may be omitted.)
~ Ordinance No. 11, Series of 2009, first reading
10-1-3
Sign, Temporary Building Banner: A"banner-type" display attached to a building
under construction that is composed of graphics and text elements to advertise
community events
Section 3. Section 11-7-15, Temporary Building Banner Signs, is hereby established
as follows (text to be deleted is in 44ko+hrl,i4.v4text that is to be added is bold):
Section 11-7-15, Temporary Building Banner Signs
A. Purpose: The purpose of this section is to provide regulations for temporary
building banner signs, which may be erected on buildings under construction
to provide advertisement for community events that have a Town of Vail
Special Events Permit and/or receive sponsorship from the Town of Vail
Special Events Committee
B. Applicability: Temporary building banner signs may be allowed on buildings
with a valid building permit for new construction or a demo/rebuild in
commercial and business districts, as listed in Section 12-7, Vail Town Code,
to advertise community events that have a Town of Vail Special Events
Permit and/or receive sponsorship from the Town of Vail Special Events
Committee.
C. Number: No more than two (2) temporary building banner signs shall be
permitted per development site.
D. Size: The total combined size of the temporary building banner signs shall
not exceed 1500 square feet per development site. The maximum size of
graphics and text associated with the building on which the sign is erected
shall not exceed the allowable size of the building identification sign, as
outlined in 11-6-4. The combined area of text associated with the community
event and graphics and text associated with sponsors of the community
event shall not exceed 30% of the area of each sign.
E. Content: The temporary building banner sign may only include the following:
1. Graphics and text associated with community event, including one (1)
website address and one (1) contact phone number
2. Graphics and text associated with sponsors of the community event
3. Graphics and text associated with the building in which the sign is
affixed, which shall not include any phone number or website
F. Location: Temporary building banner signs shall be affixed parallel to the
building fagade and attached to scaffolding, an exterior weatherization
barrier, or to the exterior of the building. Temporary building banner signs
shall not extend above the eave line of the building.
G. Duration: The signs may be erected only while the building has an active
building permit for new construction or a demo/rebuild, as defined by Section
2 Ordinance No. 11, Series of 2009, first reading
10- 1 -4
12-2-2. Temporary building banner signs shall be removed within 14 calendar
days of the completion of the advertised community event.
H. Material: The temporary building banner sign shall be fire retardant material.
1. Lighting: No lighting shall be allowed. Construction lighting shall not be
directed to illuminate the temporary building banner signs.
Section 4. 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 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 5`h day of May, 2009 and a public
hearing for second reading of this Ordinance set for the 19th day of May, 2009, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
3 Ordinance No. 11, Series of 2009, first reading
10-1-5
Attachment B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 13, 2009
SUBJECT: A request for a final recommendation to the Vail Town Council for prescribed
regulations amendments to Title 11, Sign Regulations, Vail Town Code, pursuant
to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to
establish regulations for building wrap signs within the Town of Vail, and setting
forth details in regard thereto. (PEC090006)
Applicant: Vail Valley Foundation
Planner: Rachel Friede
1. SUMMARY
The applicant, the Vail Valley Foundation, is requesting a final recommendation to the
Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations,
Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail
Town Code, to establish regulations for temporary building banner signs within the Town
of Vail.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Commission forwards a recommendation of denial, subject to the
criteria and findings noted in Section V of this memorandum. A rendering of a temporary
building banner sign that complies with the proposed regulations (Attachment A) and a
rendering of a potential sign design for the Vail Dance Festival at the Four Seasons
(Attachment B) are attached for reference.
II. DESCRIPTION OF REQUEST
The applicant is requesting permission to erect a temporary building banner sign on the
exterior of the Four Seasons, which is currently under construction, in order to advertise
community events, specifically the Vail Dance Festival. Currently, the Vail Town Code
lacks any regulations on temporary building banner signs, which by default, deems them
prohibited. In order to facilitate this request, the applicant is proposing prescribed
regulations amendments to Title 11, Vail Town Code that will allow temporary building
banner signs within the Town.
The proposed regulation amendments are as follows (text to be deleted is in
, text that is to be added is in bold italics):
11-2-1: Definitions:
Sign, Temporary Building Banner: A"banner-type" display attached to a building
under construction that is composed of graphics and text elements to advertise
community events
1
lo-i-6
Section 11-7-15, Temporary Building Banner Signs
A. Purpose: The purpose of this section is to provide regulations for temporary
building banner signs, which may be erected on buildings under construction
to provide advertisement for community events that have a Town of Vail
Special Events Permit and/or receive sponsorship from the Town of Vail
Special Events Committee
B. Applicability: Temporary building banner signs may be allowed on buildings
with a valid building permit for new construction or a demo/rebuild in
commercial and business districts, as listed in Section 12-7, Vail Town Code,
to advertise community events that have a Town of Vail Special Events
Permit and/or receive sponsorship from the Town of Vail Special Events
Committee.
C. Number: Two (2) temporary building banner signs per development site.
D. Size: The total combined size of the temporary building banner signs shall
not exceed 1500 square feet per development site. The maximum size of
graphics and text associated with the building on which the sign is erected
shall not exceed the allowable size of the building identification sign, as
outlined in 11-6-4. The combined area of text associated with the community
event and graphics and text associated with sponsors of the community
event shall not exceed 30% of the area of each sign.
E. Content: The temporary building banner sign may only include the following:
1. Graphics and text associated with community event, including one (1)
website address and one (1) contact phone number
2. Graphics and text associated with sponsors of the community event
3. Graphics and text associated with the building in which the sign is
affixed, which shall not include any phone number or website
F. Location: Temporary building banner signs shall be affixed parallel to the
building fagade and attached to scaffolding, an exterior weatherization
barrier, or to the exterior of the building. Temporary building banner signs
shall not extend above the eave line of the building.
G. Duration: The signs may be erected only while the building has an active
building permit for new construction or a demo/rebuild, as defined by Section
12-2-2. Temporary building banner signs shall be removed within 14
business days of the completion of the advertised community event.
H. Material: The temporary building banner sign shall be fire retardant material.
1. Lighting: No lighting shall be allowed. Construction lighting shall not be
directed to illuminate the temporary building banner signs.
2
lo-i-7
III. APPLICABLE DOCUMENTS
TITLE 11: SIGN REGULATIONS (in part)
11-1-2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the town of Vail and to promote the
coordinated and harmonious design and placement of signs in the town in a manner
that will conserve and enhance its natural environment and its established character
as a resort and residential community of the highest quality.
8. Specific Purpose: These regulations are intended to achieve the following specific
purposes:
1. To describe and enable the fair and consistent enforcement of signs in the town
of Vail.
2. To encourage the establishment of well designed, creative signs that enhance
the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided by
signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
11-5-2: DESIGN GUIDELINES: Any sign erected within the town of Vail should:
A. Be consistent with the sca/e and architecture already present in the town: Sign
location, configuration, design, and size should be aesthetically harmonious with the
mountain setting and the alpine village atmosphere of the town.
8. Be compatible with the placement of surrounding signs: Similar signs should not be
placed within close proximity of each other, but should instead incorporate variety
and visual interest within the "view corridor" that they are placed. The staff shall
review all proposed signs in the context of adjacent signage to verify that the sign is
appropriately placed.
11-5-3: DESIGN STANDARDS: Any sign erected within the town of Vail shall conform
to the following standards:
A. Compatibility: Signs shall be visually compatible with the size of surrounding
structures and other signage and shall not visually dominate the structure or
business to which they be/ong. The staff shall review all proposed signs in the
context of adjacent signage to verify that the sign is appropriately sized.
11-9-2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail:
H. Any sign or structure that obstructs ingress to or egress from a required exitway, that
obstructs the view of vehicular traffic entering or exiting a public roadway, or that
creafes an unsafe distraction for motor vehicle operators;
J. Any off premises sign that is not otherwise regulated by this title;
K. All billboards;
L. Pennants, banners, and bunting fhat are not associated with a special event permit;
3
lo-i-H
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific
purposes of the Sign Regulations; and
Staff believes that the text amendments do not further the general and specific
purposes of the Sign Regulations because the temporary building banner signage is
vastly larger than any other currently allowed signage. Temporary building banner
signs will foster a feeling of an urban environment, which is contrary to the general
purpose to "promofe the coordinated and harmonious design and placement of signs
in the town in a manner that will conserve and enhance its natural environment and
its established character as a resort and residential community of the highest
quality." This proposed shift in Vail's character also does not further the specific
purpose noted in Section 11-1-2B, of encouraging "the establishment of well
designed, creative signs that enhance the unique character of Vail's village
atmosphere."
Staff does believe that the specific purpose, noted in Section 11-1-2B, of "preserving
a successful and high quality business environment that is aided by signs that
identify, direct, and form" is furthered by the text amendments because the
temporary building banner signs will promote community events that will provide
economic stimulus to the Town.
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
Because of the size and character of the proposed temporary building banner signs,
Staff believes these proposed amendments will not better implement and achieve the
adopted goals, objectives and policies of the Town's Development Standards and
Comprehensive Plan. The Vail Village Master Plan Goal #1 is to "encourage high
quality redevelopment while preserving unique architectural scale of the village in
order to sustain its sense of community and identity." Similarly, the Lionshead
Redevelopment Master Plan states that "Lionshead can and should be renewed and
redeveloped to become a warmer, more vibrant environment for guests and
residents. Lionshead needs an appealing and coherent identity, a sense of place, a
personality, a purpose, and an improved aesthetic character."
The temporary building banner signs do further the economic development and
vitality goals within the portions of the Comprehensive Plan, including Goal #2 of the
Vail Village Master Plan, "To foster a strong tourist industry and promote year-round
economic health and viability for the village and for the community as a whole."
However, there are other methods for promoting economic health that do not conflict
with other goals.
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
4
lo-i-9
Because of the shift in economic conditions, the Vail Valley Foundation is looking for
a new way to market their events to the community. While this may be one change in
condition that could help justify a shift in acceptable signage within the Town of Vail,
the community has continued to support the protection of the unique character of
Vail. Staff believes that conditions have not changed to warrant such a shift in sign
policy.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
There are numerous regulations in Title 11 that conflict with the concept of temporary
building banner signs. Because the temporary building banner signs are large and
will hang much higher as compared to currently allowed signage within the Town, the
proposed regulations conflict with Section 11-5-2, Design Guidelines, which
recommends that signs within the Town "be consistent with the sca/e and
architecture already present in the town" and "be compatible with the placement of
surrounding signs."
Allowing temporary building banner signs of 1500 sq ft on the exterior of a building is
also in conflict with Section 11-5-3, Design Standards, which requires that all signs in
the Town "shall not visually dominafe the structure or business to which they belong."
Temporary building banner signs by nature will serve as temporary billboards to
promote an event from an off-site location. These large signs will be visible from I-
70, and may become a distraction for drivers. For these reasons, the proposed text
amendments are in conflict with Section 11-9-2, Prohibited Signs, which outlines the
prohibition of off-site advertising and billboards, and bans any sign that "creates an
unsafe distraction for motor vehicle operators." This is why billboards are prohibited,
per Section 11-9-2K.
5. Such other factors and criteria the Commission and/or Council deem
applicable to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of denial to the Vail Town Council for
prescribed regulations amendments, pursuant to Section 11-3-3, Prescribed Regulation
Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, to
establish regulations for temporary building banner signs within the Town of Vail, and
setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial of this request, the Community Development Department
recommends the Commission pass the following motion:
"Based upon the review of the criteria outlined in Section V of Staff's April 13,
2009 memorandum and the evidence and testimony presented, the Planning and
Environmental Commission forwards a recommendation of denial to the Vail
Town Council, pursuant to Section 11-3-1 C, Amendments, Vail Town Code, to
5
lo- i - io
amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for
temporary building banner signs within the Town of Vail, and setting forth details
in regard thereto, with the following findings:
1. That the amendmenf is not consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is not compatible with the development objectives of the Town; and
2. That the amendment does not further the general and specific purposes of
the Sign Regulations outlined in Section 11-1-2, Purpose, Vail Town Code;
and
3. That the amendment does not promote the health, safety, morals, and
general welfare of the Town and does not promote the coordinated and
harmonious development of the Town in a manner that conserves and
enhances its natural environment and ifs established character as a resort
and residential community of the highest quality."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the Commission
makes the following motion:
"Based upon the review of the criteria outlined in Section V of Staff's April 13,
2009 memorandum and the evidence and testimony presented, the Planning and
Environmental Commission forwards a recommendation of approval to the Vail
Town Council, pursuant to Section 11-3-1 C, Amendments, Vail Town Code, to
amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for
temporary building banner signs within the Town of Vail, and setting forth details
in regard thereto, with the following findings:
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies ouflined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Sign
Regulations outlined in Section 11-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality."
VII. ATTACHMENTS
A. Rendering of Temporary building banner Sign on The Four Seasons
B. Rendering of Vail Dance Festival Sign
6
10-1-I1
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~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: First reading of Ordinance No. 12, Series of 2009, an ordinance establishing
Special Development District No. 41, the Vail Row Houses, pursuant to Article 12-9A, Special
Development (SDD) District, Vail Town Code, and setting forth details in regard thereto.
(PEC080074)
PRESENTER(S): Bill Gibson
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 12, Series of 2009, on first reading.
BACKGROUND: On April 13, 2009, the Planning and Environmental Commission voted 5-0-0
to forward a recommendation of approval to the Town Council for establishment the proposed
special development district.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
that the Town Council approves, on first reading, Ordinance No. 12, Series of 2009, an
ordinance establishing Special Development District No. 41, the Vail Row Houses, pursuant to
Article 12-9A, Special Development (SDD) District, Vail Town Code, and setting forth details in
regard thereto.
ATTAC H M E NTS :
Town Council memo
Ordinance No. 12
Development Plan
Applicant request
PEC memo
PEC attachments
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: May 5, 2009
SUBJECT: First reading of Ordinance No. 12, Series of 2009, an ordinance establishing
Special Development District No. 41, the Vail Row Houses, pursuant to Article
12-9A, Special Development (SDD) District, Vail Town Code, and setting forth
details in regard thereto. (PEC080074)
Applicant: Christopher Galvin, represented by K.H. Webb Architects and
Mauriello Planning Group
Planner: Bill Gibson
1. DESCRIPTION OF THE REQUEST
The applicant, Christopher Galvin, represented by K.H. Webb Architects and Mauriello
Planning Group, is requesting a first reading of Ordinance No. 12, Series of 2009, an
ordinance establishing Special Development District No. 41, the Vail Row Houses,
pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code, and
setting forth details in regard thereto.
The existing Vail Row Houses were originally developed under Eagle County jurisdiction
as a townhouse development with individually subdivided lots. The subject properties
were subsequently annexed by the Town of Vail and zoned High Density Multiple-Family
(HDMF) District. The HDMF District is intended to regulate multi-unit condominium style
developments with a single, common development site. The HDMF District was not
intended to regulate townhouse style develop; and therefore, the existing Vail Row
Houses are legally non-conforming in regard to many of the HDMF standards. The
purpose of the proposed special development district is to create a"townhouse" style
zoning for the Vail Row Houses and to facilitate future conforming redevelopment.
The applicant is proposing the following deviations from the underlying High Density
Multiple-Family (HDMF) District that increase the allowable development potential of the
subject properties:
• Reduce the minimum lot size requirement from 10,000 sq. ft. to the existing
conditions (ranging from 2,265 to 4,835 sq. ft.).
• Eliminate the side setbacks between units and decrease the side setback on the
furthest east lot (Lot 13) from 20 feet to 12 feet to the existing property line (two
feet from the proposed property line after a land dedication to the Town of Vail.
• Increase the maximum allowable density from one dwelling unit on Lots 7, 8, 10,
11, and 12 to the existing conditions of two units per lot.
• Increase the allowable gross residential floor area (GRFA) from a ratio of 0.76 to
1.50 per lot, with Lot 13 capped at a maximum GRFA of 6,770 sq. ft.
• Reduce the required landscape area from 30% to 20% for all properties except
Lots 11 and 12. Lots 11 and 12 will have no net loss of existing landscape area
(12% and 7%).
1
11-1-1
~ Decrease the parking requirement of three spaces for Lots 7, 8, 10, 11, and 12
to the existing condition of two spaces for each property. In addition, the
requirements for enclosed and screened parking will no longer be applicable and
parking spaces will be allowed to encroachment in the adjacent street right-of-
way per existing conditions.
The applicant is proposing the following deviations from the underlying High Density
Multiple-Family (HDMF) District to decrease the allowable development potential of the
subject properties as follows:
• The subject properties will no longer be eligible for additional GRFA through the
"250 Ordinance" or "Interior Conversion" provisions of the Town Code.
• The building eave height will be limited to a maximum of 45 feet along Gore
Creek Drive.
• The allowable above-grade site coverage will be reduced from 55% to 50% of the
lot area (below grade site coverage limits will not change).
The applicant is proposing supplemental design guidelines:
• All parking areas will be constructed with concrete pavers and snowmelt heat
with future renovations.
The applicant is proposing the following public benefits to off-set any negative effects
of the proposed deviations from the underlying High Density Multiple-Family (HDMF)
District:
• Dedication of 915 sq. ft. of Lot 13 to the Town of Vail as an addition to the
adjacent Roger Staub Park.
• Increasing the employee housing mitigation obligation by 5% over the rate
established by Chapter 12-24, Inclusionary Zoning, Vail Town Code. If fully
developed, this would increase the employee housing mitigation from 1,147 sq.ft
to 1,721 sq.ft. (574 sq.ft. increase).
Since the Planning and Environmental Commission's April 13, 2009, public hearing, the
applicant has amended the request to further address the existing non-conforming
parking situation at the Vail Row Houses. The applicant is now proposing that the
deviations from the parking standards be mitigated with one of the following methods at
such time as the subject properties are redeveloped:
a. Comply with number of spaces required, which may include reducing the number
of dwelling units on-site; or
b. Legally attach a dedicated parking space found within the Founders Parking
Garage, located across Gore Creek Drive from The Vail Row Houses; or
c. Pay-in-lieu for a parking space(s) or portion thereof as provided in Section 12-10-
16: Exempt Areas; Parking Fund Established, Town Code. The current pay-in-
lieu fee is $22,229.16.
II. BACKGROUND
The Planning and Environmental Commission held work sessions to discuss this request
at its December 22, 2008, and March 9, 2009, public hearings. On April 13, 2009, the
Planning and Environmental Commission voted 5-0-0 to forward a recommendation of
2
11-1-2
approval to the Town Council for the proposed special development district based upon
the findings noted below in Section I I I of this memorandum and the additional finding:
"That this application is consistent with the precedents set for redevelopment in
the Vail Village by the Willows SDD. "
III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
The Planning and Environmental Commission forwards a recommendation of approval
to the Town Council for the establishment of the proposed special development district,
and setting forth details in regard thereto.
Should the Town Council choose to approve this request, the Planning and
Environmental Commission recommends the Town Council passes the following
motion:
"The Town Council approves, on first reading, Ordinance No. 12, Series of 2009,
an ordinance establishing Special Development District No. 41, the Vail Row
Houses, pursuant to Article 12-9A, Special Development (SDD) District, Vail
Town Code, and setting forth details in regard thereto."
Should the Town Council choose to approve this request, the Planning and
Environmental Commission recommends the Town Council passes the following
conditions:
"Prior to the addition of GRFA to any dwelling unit within The Vail Row Houses,
the owner of Lot 13 shall dedicate the 915 sq. ft. (10-foot wide) strip of land as
indicated on the Approved Development Plan located on the east side of Lot 13.
This dedication shall be processed as part of a subdivision application for Lot 13.
The 10 foot strip shall be restricted to passive park use and the owner of Lot 13
shall retain an easement for the right to temporary use of this 10-foot strip for
construction activities associated with the redevelopment of structures located on
Lot 13."
Should the Town Council choose to approve this request, the Planning and
Environmental Commission recommends the Town Council makes the following
findings:
"Based upon the review of the criteria outlined in Section IV of Staff's April 27,
2009, memorandum and the evidence and testimony presented, the Town
Council finds:
"1. That the SDD complies with the standards listed in subsection A of this
section, and that a practical solution consistent with the public interest has been
achieved; and
2. That the SDD is consistent with the adopted goa/s, objectives and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town; and
3. That the SDD is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas; and
3
11-1-3
4. That the SDD promotes the health, safety, morals, and general welfare of the
town and promotes the coordinated and harmonious development of the town in
a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality. "
IV. ATTACHMENTS
A. Ordinance No. 12, Series of 2009
B. Applicant's revised request, dated May 5, 2009
C. Staff inemorandum to the Planning and Environmental Commission, date April 13,
2009
4
11-1-4
ORDINANCE NO. 12
Series of 2009
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 41 THE VAIL
ROW HOUSES, PURSUANT TO ARTICLE 12-9A, SPECIAL DEVELOPMENT (SDD)
DISTRICT, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Article 12-9A, Special Development (SDD) District, Vail Town Code, sets forth
the procedures for establishing special development districts; and
WHEREAS, The Vail Row Houses, have submitted an application to the Town of Vail to
establish Special Development District No. 41, The Vail Row Houses, to facilitate the redevelopment
of an existing residential development; and
WHEREAS, The Vail Row Houses, was originally developed under the jurisdiction of Eagle
County in 1963 and platted as "townhouses" and later zoned High Density Multiple Family
Residential by the Town of Vail; and
WHEREAS, the High Density Multiple Family Residential zone districtwas modified overthe
years directed at larger parcel multiple family projects rendering the Vail Row Houses
nonconforming with respect to numerous zoning standards; and
WHEREAS, the proposed SDD will create "townhouse" style zoning on the property and
allow it to be a conforming use and development; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public
hearing on April 13, 2009, on the application to establish Special Development District No. 41, The
Vail Row Houses, in accordance with the provisions of the Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded
a recommendation of approval by a vote of 5-0-0 of this request to establish Special Development
District No. 41, The Vail Row Houses, to the Vail Town Council; and
WHEREAS, the Vail Town Council finds and determines that the request to establish Special
Development District No. 41, The Vail Row Houses, complies with the design criteria prescribed in
Title 12, Zoning Regulations, Vail Town Code, and that a practical solution consistentwith the public
interest has been achieved.
WHEREAS, the Vail Town Council finds and determines that the request to establish Special
Development District No. 41, The Vail Row Houses, is consistent with the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and compatible with the development
objectives of the town; and
WHEREAS, the Vail Town Council finds and determines that the request to establish Special
Development District No. 41, The Vail Row Houses, is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
WHEREAS, the Vail Town Council finds and determines that the request to establish Special
Development District No. 41, The Vail Row Houses, promotes the health, safety, morals, and
general welfare of the town and promotes the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment and its established character as a
resort and residential community of the highest quality.
Ordinance No. 12, Series of 2009, first reading 1
11-2-1
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. District Established
Special Development District No. 41, The Vail Row Houses, is established for
redevelopment on 7 parcels of land, legally described as Lots 7 though 13, a Resubdivision
of Block 5 and a part of Gore Creek Drive, Vail Village First Filing, which comprises 7 lots
and a total of 20,997 square feet (0.48 acres) in the Vail Village area of the Town of Vail plus
the 915 sq. ft. portion of Lot 13 to be dedicated to the Town of Vail for park use as a
condition of this approval. Said parcels may be referred to as "SDD No. 41". Special
Development District No. 41 shall be reflected as such on the Official Zoning Map of the
Town of Vail. The underlying zoning for Special Development District No. 41, The Vail Row
Houses, shall be High Density Multiple Family (HDMF) District.
Section 2. Special Development District No. 41, The Vail Row Houses, Approved
Development Plan
An approved development plan and this ordinance are the principal documents in guiding
the development, uses and activities of a special development district. The Approved
Development Plan for Special Development District No. 41, The Vail Row Houses, shall be
comprised of materials submitted in accordance with Section 12-9A-5 of the Vail Town Code
including those plans prepared by KH Webb Architects, entitled Vail Rowhouses, Site Plan
A001, revisions dated 04.28.09.
Section 3. Development Standards
In conjunction with the Approved Development Plan described in Section 2 herein, the
following development standards are hereby adopted by this ordinance. The development
standards for Special Development District No. 41, The Vail Row Houses, are described
below:
The development standards as outlined below apply to the individual lots (Lots 7 through
13) of the Vail Row Houses, as modified for this SDD:
A. Permitted, Conditional, and Accessory Uses:
The permitted, conditional, and accessory uses allowed in Special
Development District No. 41, The Vail Row Houses, shall be those uses
listed in Title 12, Chapter 6, Article H, High Density Multiple Family zone
district, Vail Town Code, as may be amended from time to time.
B. Lot Area and Site Dimensions:
The minimum size for each lot shall be as each lot exists today, as further
described on the Approved Development Plan; however, allowing for minor
changes to lot lines to correct any encroachments. The following minimum
size for Lot 13 is based upon a 915 sq.ft. land dedication to the Town of Vail.
Lot# Lot size
7 2,744
8 2,614
9 2,396
10 2,265
11 2,309
12 2,919
13 4,835
TOTALS 20,997
Ordinance No. 12, Series of 2009, first reading 2
11 -2-2
The minimum site dimensions for each lot shall be as each lot exists today
as further described on the Approved Development Plan; however, allowing
for minor changes to lot lines to correct any encroachments.
C. Setbacks:
The minimum setbacks for Special Development District No. 41, The Vail
Row Houses, shall be as indicated on the Approved Development Plan. The
minimum front and rear setback shall be 20 ft. The minimum side setback
shall be zero feet, except for Lot 13, which shall maintain a minimum setback
of 2 ft. from the eastern property line (based on the new property line
following the 10 ft. land dedication). The 50 ft. steam setback from Gore
Creek shall be maintained.
Balconies, decks, terraces, and other similar unroofed features may project
into the required setback areas in accordance with Section 14-10-4,
Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc., Vail
Town Code. All existing decks and patios may remain as exists today, as
further described on the Approved Development Plan, and may be rebuilt as
necessary in their existing configuration.
D. Height:
For a sloping roof, the height of buildings shall not exceed 48 ft. However,
additional height restrictions apply to the front (southern farade) to maintain
the appearance of a 2-3 story building along Gore Creek Drive. The eave
height is limited to 45 ft. to the initial eave of the front farade along Gore
Creek Drive. Eave height is defined as the distance from finished grade to
the top of the sheathing of the initial primary eave of the structure.
E. Density Control:
No more than 150 sq. ft. of GRFA shall be permitted for each 100 sq. ft. of
total site area of each lot. Due to the increase in allowable GRFA, the Vail
Row Houses is not eligible for the "Additional 250" or Interior Conversions as
described in 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA
(250 ORDINANCE) and 12-15-04 INTERIOR CONVERSIONS. Lot 13 is
further restricted to a total of 6,770 sq. ft. of GRFA.
GRFA and Density for each lot shall not exceed the following:
Lot # GRFA Density
Lot 7 4,116 2 du
Lot 8 3,921 2 du
Lot 9 3,594 1 du
Lot 10 3,397 2 du
Lot 11 3,463 2 du
Lot 12 4,378 2 du
Lot 13 6,770 2 du
In any case, the total number of units for Lots 7 through 13 shall not exceed
13 dwelling units. If any of the units are consolidated into fewer units on an
individual lot, no amendment to this SDD shall be required. However, if any
of the units are consolidated into fewer units, the number of consolidated
units shall become the maximum allowable density for both the subject
individual lot and the entire development site.
Ordinance No. 12, Series of 2009, first reading 3
11 -2-3
If any lots are consolidated, GRFA for the consolidated lot shall be a total
of the allowable GRFA for each lot.
F. Site Coverage:
Site coverage shall not exceed 55% of the total site area of each lot, with
the additional restriction that above-grade site coverage shall not exceed
50% of the total site area of each lot. Above grade shall mean from grade
level or entry level and above at the south elevation of the buildings.
G. Landscaping and Site Development:
At least 20% of the total site area of each lot shall be landscaped, except for
Lots 11 and 12. Lots 11 and 12 shall have no net loss of landscape area.
The following is the existing landscape area of each lot.
Landscape Landscape
Lot # Sq. Ft. Percentage
Lot 7 857 32%
Lot 8 796 30%
Lot 9 658 28%
Lot 10 624 27%
Lot 11 428 12%
Lot 12 160 7%
Lot 13 2,119 44%
Because of the minimal opportunity for landscaping, when redevelopment of
a lot occurs, the parking surface of the lot shall be converted to concrete unit
pavers or other material (as approved by the Design Review Board) and a
snowmelt system shall be installed.
H. Parking and Loading:
Parking requirements shall be based on the current number of parking
spaces and dwelling units.
Lot 7 2 du 2 parking spaces
Lot 8 2 du 2 parking spaces
Lot 9 1 du 2 parking spaces
Lot 10 2 du 2 parking spaces
Lot 11 2 du 2 parking spaces
Lot 12 2 du 2 parking spaces
Lot 13 2 du 4 parking spaces
If any dwelling units are eliminated, there shall be no fewer than 2 parking
spaces for each lot. Due to site constraints, there is no requirement for
enclosed or screened parking. The parking is permitted to be located within
the front setback, and partially within the Town of Vail right-of-way as it exists
currently. A revocable right-of-way permit shall be obtained for
improvements within the right-of-way.
When a unit is redeveloped or the addition of GRFA occurs, the parking
requirements as provided in Section 12-10-10A of the Town Code for the
subject lot shall be satisfied as follows:
Ordinance No. 12, Series of 2009, first reading 4
11 -2-4
a. Comply with number of spaces required, which may include
reducing the number of dwelling units on-site; or
b. Legally attach a dedicated parking space found within the
Founders Parking Garage, located across Gore Creek Drive from
The Vail Row Houses; or
c. Pay-in-lieu for a parking space(s) or portion thereof as provided in
Section 12-10-16: Exempt Areas; Parking Fund Established, Town
Code. The current pay-in-lieu fee is $22,229.16.
1. Employee Housing:
Employee Housing shall be provided in accordance with Chapter 24:
Inclusionary Zoning. Due to site constraints, the inclusionary zoning
requirement shall be met through the fee-in-lieu or the provision of off-site
employee housing unit(s). The Vail Row Houses shall provide an additional
5% of mitigated floor area or equivalent pay in-lieu amount over the
requirements of Chapter 24, Inclusionary Zoning, as may be adjusted from
time to time.
J. Expiration and Amendment:
This SDD is established to set zoning standards for the future redevelopment
of individual dwelling units within the SDD. Therefore, the SDD does not
expire and will continue to provide the zoning standards into the future.
Nothing herein prevents an amendment to the SDD by any owner within the
SDD. If an amendment only affects the applicant's property, no written
consent is required from other owners within the SDD.
Section 4. Conditions of Approval
The following condition of approval shall become part of the Town's approval of the
establishment of Special Development District No. 41, The Vail Row Houses:
Prior to the addition of GRFA to any dwelling unit within The Vail Row Houses, the owner of
Lot 13 shall dedicate the 915 sq. ft. (10-foot wide) strip of land as indicated on the Approved
Development Plan located on the east side of Lot 13. This dedication shall be processed as
part of a subdivision application for Lot 13. The 10-foot strip shall be restricted to passive
park use and the owner of Lot 13 shall retain an easement for the right to temporary use of
this 10 foot strip for construction activities associated with the redevelopment of structures
located on Lot 13.
Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Vail Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
Section 6. The Vail 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. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
Ordinance No. 12, Series of 2009, first reading 5
11 -2-5
Section 7. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of May, 2009 and a public
hearing for second reading of this Ordinance set for the 19th day of May, 2009, at 6:00 p.m.
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 12, Series of 2009, first reading 6
11 -2-6
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11-4-1
L INTRODUCTION AND BACKGROUND
The intent of this Special Development District (SDD) application is to correct a long standing problematic
application of High Density Multiple Family Zoning to a town house project, known as the Vail Row
Houses, within the Vail Village. The proposal will essentially create new "Town House Zoning" for the
property within the vehicle of a Special Development ,
District.
Lots 7 through 13 of the Vail Row Houses were originally
platted as town house parcels in 1962 and the existing
row houses were developed on the property in 1963. ,
This was done under Eagle County jurisdiction before
there was zoning in Eagle CountY and before the Town
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was incorporated in 1966. Zoning was not adopted in the
Town of Vail until 1969 (Ordinance No. 7, Series of 1969). l
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Since 1969 the property has been zoned High Density
Multiple Family (HDMF). Under the original zoning p#Pl -
a
ordinance, the development on lots 7 through 13 was
substantially more in compliance with the zoning t requirements than it is today under current zoning
requirements. Under the 1969 zoning code, there was only a front setback requirement and no side
setback requirements, there was no building height limitation and the GRFA limitation (then termed Floor
Area Ratio - FAR) was 1.5 to 1, meaning that 150 sq. ft. of GRFA was allowed for each 100 sq. ft. of total
land area instead of the 0.76 to 1 ratio that exists today. (The 1969 HDMF Zone District and the plat are
attached).
Now, 46 years later, the zoning on the property is more restrictive and does not appropriately recognize
traditional town house development, which is described as a series of attached homes with zero lot lines
between the units. Unlike a condominium development, town houses traditionally sit on fee simple
parcels of land, as is the case with Vail Row Houses. The lots were platted unconventionally, and are
legally defined as Lots 7 though 13, a Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village
First Filing. Under the current HDMF zoning, the individual lots are not in compliance with the following
provisions:
Standard Allowed Existin
Lot Size Min of 10,000 s. ft. Ran e from 2,300 s. ft. to 5,750 s. ft.
Fronta e Min of 30 ft. Ran e from 20 ft. to 45 ft.
Density (Dwelling Unit Per Acre) Range from 1.3 to 3.3 du per lot Range from 1 to 2 du per lot
de endin on lot size
GRFA ratio .76 Ran e from .7 to 1.11
Side setbacks Min of 20 ft. 0 ft.
Landsca e Area 30% of site area Ran es from 7% to 53%
Parking - number of parking 1.4 per unit Ranges from 1 to 2 per unit
s aces
Parking - requirement for 75% of required parking spaces must No enclosed parking
enclosed arkin be enclosed
Parking - location of parking Parking must be within property Parking located within the front
spaces boundaries and not within the front setback, with portions located within
setback the ri ht-of-wa
The nonconformities on the properties require the owners to seek variances with any application for
redevelopment to the property which makes the approval process cumbersome and wasteful. At least 10
variances have been granted over the years but with each new application additional variances are always
Vail Row Houses SDD 1
11 -4-2
required. Under this proposal, the overall redevelopment framework will be established by the Town of
Vail Planning and Environmental Commission and Town Council, so that in the future, owners can simply
seek DRB approval for redevelopment of these older units. This has the effect of creating defined
expectations for redevelopment, both from the Town's perspective and from the owners' perspective.
The proposed benefits of the SDD are as follows:
• Height limit reduced to 45' on south elevation of the buildings;
• Site coverage above grade reduced to 50%;
• Design requirement that with any application for redevelopment, all parking surfaces to be
converted to concrete unit pavers or other material as approved by the Design Review Board;
• All parking to be heated with a snowmelt heat system;
• Land dedication of 915 sq. ft. to increase the size of the park and the stream tract.
• An increase in employee housing requirement to 5% more than the inclusionary requirement
II. PLANNING AND ENVIRONMENTAL COMMISSION REVIEWS
When the application was originally submitted to the Town of Vail in late 2008, the proposal was to
actually eliminate GRFA limits entirely, while establishing a Special Development District which would
allow the existing nonconformities to remain and redevelopment to occur without the need for variances.
However, at the December 22, 2008, hearing, the Planning and Environmental Commission questioned the
elimination of GRFA, and requested further analysis of the development potential of each of the units.
Over the next few months, the applicant worked with Town Staff to investigate alternative methods of
analyzing square footage for the Vail Row Houses, even considering a new methodology of ineasuring
square footage that diverged from the Town's GRFA measurement. However, after much consideration, it
was decided that it would be more cumbersome to change the methodology of ineasuring square footage,
and that it was more appropriate to use a consistent method. As a result, the applicant returned to the
Planning and Environmental Commission on March 9, 2009, with a proposal to allow for a 1.5 GRFA ratio
for the Vail Row Houses. The Planning and Environmental Commission was supportive of the revised
proposal, but had concerns about the public benefits associated with the increase in development
potential (primarily for Lot 13), along with some concern about the impact of a 10 ft. setback on the
adjacent park. As a public benefit, the Vail Row Houses was proposing the provide pavers and heat the
adjacent section of Gore Creek Drive. The Planning and Environmental Commission had concerns about
this and asked for clarification as to whether the Public Works Department would consider this a
worthwhile undertaking.
Following the March 9, 2009, worksession review, the team worked with Town Staff to develop a proposal
for the April 13, 2009, PEC hearing for a final review. In discussions with Public Works, it was indicated to
the team that the heating of Gore Creek Drive would be more problematic than beneficial. In addition,
based on the concerns about the impacts of Lot 13's 10 ft. setback on the adjacent park, the owner of Lot
13 agreed to donate a 10 ft. strip of land to the Town's park, and limit development to 2 ft. of the new
property line. Also, due to the large lot size of Lot 13, GRFA for this property was capped. An additional
public benefit was provided to increase the inclusionary requirement, providing an additional 5% of
employee housing.
On April 13, 2009, the Planning and Environmental Commission unanimously recommended approval of
the proposed Special Development District for the Vail Row Houses, based on the changes made to the
application. While the final motion did not carry any conditions, one commissioner recommended looking
at the parking situation and including a provision for off-site parking or pay-in-lieu if the required parking
cannot be met. This has been included in this application.
Vail Row Houses SDD 2
11 -4-3
III. INTENT OF APPLICATION
The intent of this SDD application is to allow these town houses to exist in the format that they have for
the past 46 years and allow them to be appropriately redeveloped in the future. The establishment of an
SDD allows the following:
1. Quantifying and identifying how the Vail Row Houses, Lots 7 through 13, do not meet the
requirements of the HDMF zone district and the Vail Town Code as a whole.
2. Establishing modified development regulations and requirements that eliminate the
nonconforming status of the existing dwelling units. These modified development regulations
and requirements then provide the framework for redevelopment of the property within
acceptable parameters.
3. Simplifying the process for property owners to redevelop their property by eliminating the
need for individual review of variances for each lot. Redevelopment would occur under the
limitations established by the Planning and Environmental Commission and the Town Council,
allowing the Design Review Board and Town Staff to review proposals for compliance with the
SDD and other applicable regulations.
In addition to the correction being sought to remedy the existing non-conformities, the owners are also
seeking to modify the GRFA ratio so that there is an inducement to redevelopment, especially wholesale
redevelopment of a dwelling. There are good reasons to allow an increase in the GRFA ratio on this
property including but not limited to:
1. Encouraging investment and redevelopment of structures originally developed 46 years ago;
2. Bringing development standards on this site into check with changes made elsewhere in the Town.
Lionshead zoning allows for a GRFA ratio of 2.5, Public Accommodation was amended to allow a
ratio of 1.5, and the original HDMF zoning on this property allowed a ratio of 1.5;
3. Increasing the ratio does not mean allowing more building height or site coverage beyond zoning
(48') but instead allowing owners to take advantage of filling the envelope they are currently
permitted.
Below is an historical analysis of the development potential of the Vail Row Houses, based on the actual
square footage allowed by the Town Code from 1969 to this SDD proposal. This analysis is provided due
to the changes in methodology over the years in the measurement of GRFA:
Historical Analysis of Allowable Sq. Ft.
Lot # 1969 1969 Pre-2004 Pre-2004 Current Current Proposed Proposed
Actual Actual Actual Sq. Ft. Actual Actual Actual Actual Actual
Sq. Ft. Ratio Ratio Sq. Ft. Ratio Sq. Ft. Ratio
Lot 7 5,172 1.89 2,146 .78 3,237 1.18 4,396 1.6
Lot 8 4,927 1.89 2,068 .80 3,586 1.37 4,188 1.6
Lot 9 4,516 1.89 1,688 .70 2,544 1.06 3,839 1.6
Lot 10 4,270 1.89 1,859 .71 3,272 1.44 3,629 1.6
Lot 11 4,352 1.89 1,885 .81 3,361 1.46 3,700 1.6
Lot12 5,502 1.89 2,251 .77 3,562 1.22 4,677 1.6
Lot 13 10,839 2.24 3,950 .69 5,721 1.00 7,256 1.5
Total 39,578 1.97 15,847 .79 25,283 1.25 31,685 1.57
Vail Row Houses SDD 3
11 -4-4
The following table provides an analysis of GRFA potential today versus under this SDD proposal. Due to
the confusion associated with changing the method of ineasuring square footage for this SDD, it was
agreed that maintaining GRFA was more appropriate.
Analysis of Allowable GRFA
Allowable
~0
Allowable GRFA with Proposed Net Change o
Existing GRFA 250s Allowable (from proposed to Increase
GRFA GRFA allowable with over
Lot# (.76) (based on TOV
analysis) (1.5) 250s) AIIOWable
7 2,252 2,085 2,752 4,116 1,364 50%
8 2,713 1,986 3,213 3,921 708 22%
9 1,667 1,820 2,120 3,594 1,474 70%
10 2,477 1,721 2,977 3,398 421 14%
11 2,565 1,754 3,065 3,464 399 13%
12 2,566 2,218 3,066 4,379 1,313 43%
13 3,926 4,370 4,870 6,770 1,900 39%
TOTALS 18,166 15,957 22,063 29,641 7,578 3491o
In response to the Planning and Environmental Commission's comments from the previous review, the
GRFA potential of Lot 13 has been reduced to 6,770 sq. ft., a reduction of 1,855 sq. ft. from the 8,625 sq. ft.
of the previous proposal. This has reduced the overall potential GRFA increase to 34%, or a total site
increase of only 7,578 sq. ft. It should be noted that under the current GRFA policy, if any unit were to
demolish and rebuild, which given the age of these units would be more appropriate, they would lose the
ability to add 250s. This is another reason that it is appropriate to set a new standard regulating GRFA.
In addition to allowing the correction of these limiting nonconformities and creating an inducement to
redevelopment, the owners are proposing to limit the overall bulk and mass of the project by agreeing to
the following limitations:
• Reduced maximum building height at the front (south) elevation of the project to 45';
• Reduced site coverage above grade to 50% (currently allowed at 55%);
IV. PUBLIC BENEFIT
We believe that what is being proposed is in and of itself a public benefit in terms of fair treatment, ease of
process, and local re-investment. However, the owners also recognize that the Town of Vail may feel that
additional public benefit is needed with this project and have proposed the following:
• Height limit reduced to 45' on south elevation of the buildings;
• Site coverage above grade reduced to 50%;
• Design requirement that with any application for redevelopment, all parking surfaces to be
converted to concrete unit pavers or other material as approved by the Design Review Board;
• All parking to be heated with a snowmelt heat system;
• Land dedication of 915 sq. ft. to increase the size of the park and the stream tract.
• Increasing the employee housing requirement 5% over the inclusionary zoning requirements.
Vail Row Houses SDD 4
11 -4-5
Each owner will be responsible for providing either off-site employee housing or payment in-lieu of
providing housing. The employee housing requirement will be fulfilled prior to the issuance of a
temporary certificate of occupancy for the individual addition or remodel (as is required by 12-24-10).
Lot # EHU Fee impact at Sq. Ft. Impact at EHU Fee impact at Sq. Ft. Impact at
10% 10% 15% 15%
7 $ 74,308.36 186 $111,462.54 280
8 $ 48,156.92 121 $ 72,235.38 181
9 $ 76,819.86 193 $115,229.78 289
10 $ 36,695.73 92 $ 55,043.60 138
11 $ 35,818.70 90 $ 53,728.05 135
12 $ 72,255.31 181 $108,382.97 272
13 $ 113,376.06 284 $170,064.09 427
Total $ 457,430.94 1,147 $686,146.41 1,721
The Town Code, Section 12-9A-9, states that deviations from the underlying zone district require the
following determination:
"...Thatsuch deviation provides benefits to the town that outweigh the adverse effects ofsuch deviation."
Public benefits are not intended to mitigate for private benefit received, but rather to mitigate the effects
of the deviations being sought. Most of the deviations being sought are really correcting deficiencies with
the zoning and have no relationship to the use already constructed. We believe that the proposed public
benefits far outweigh the effects of the deviations requested.
V. COMPARISON TO SDD #40: THE WILLOWS
Generally, when dealing with Special Development Districts, the tendency is to think of large projects, like
Solaris or the Four Seasons. However, there are actually a large number of much smaller Special
Development Districts that are similar to the SDD proposed for the Vail Row Houses. The most recent new
SDD shares a great deal of similarity with the Vail Row Houses. The Willows SDD was approved by
Ordinance 30, Series of 2006.
The Willows was an existing structure, constructed in 1971 and consisted of 28 small units. The site was
zoned HDMF and the structure was non-conforming with regards to: setbacks, density, GRFA, site
coverage, and landscape area. The primary difference between the Willows and the Vail Row Houses is
that the Willows was constructed as a condominium building, whereas the Vail Row Houses were
constructed as Townhomes, on individually platted, fee-simple lots. Though the entire structure was to be
demolished, making the entire site a clean slate for development, the Willows proposed a redevelopment
scenario as a Special Development District, maintaining the underlying zoning of HDMF. Ordinance 30,
Series of 2006, approved the Willows SDD with the following deviations: Front, Side, and Rear Setbacks,
Density, GRFA, and Site Coverage. The GRFA analysis for the Willows is strikingly similar to the GRFA
analysis for the Vail Row Houses. The Willows was permitted only 16,069 sq. ft. of GRFA (76% of the lot
area) but were approved at 32,240 sq. ft. of GRFA (152% of the lot area), more than doubling the amount
of GRFA allowed by HDMF. In supporting this amount of GRFA, Town Staff stated the following:
Though the amount of GRFA exceeds what is allowed, Staff believes that the proposed density (1.5
FAR) is relatively compatible to the density levels expected in the Urban Design Guide Plan within
this area.
Vail Row Houses SDD 5
11 -4-6
The same statement is true at the Vail Row Houses. Also similar to the Vail Row Houses, the SDD approval
for the Willows allowed for deviations from setbacks. The HDMF requires 20 ft. setbacks from all property
lines. The Willows was approved with above-grade improvements with a front setback of 11 ft., a side
setback of 7.5 ft., and a rear setback of 6.2 ft. The following statement was provided by the Town Staff as
support for the deviations from the setback requirements:
Regarding compatibility, the proposed building is similar to its surroundings partially because it
includes some encroachment into the setbacks, similar to that of each of its neighbors, and less of a
buffer zone than the underlying zone district requires. Many of the surrounding buildings are
located within mere feet of the property lines. However, the neighborhood has been able to maintain
its intimate residential feel as a result. Buffer zones have instead been provided through mature
landscaping and variation of the building facades.
Staff believes that the proposed project is compatible with and sensitive to the immediate
environment and neighborhood relative to design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation because of the similarity of the design and placement of
the building on its site to the design and placement ofsurrounding buildings on theirsites.
The public benefits associated with the project included $70,000 for public art, streetscape improvements
to Willow Road including a paver sidewalk, 11 beds of employee housing, and a reduction in the number of
dwelling units, which some may argue was not a benefit at all, and it should be noted that the number of
dwelling units still exceeds that allowed by the underlying zoning.
VI. CRITERIA FOR REVIEW OF A SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT
The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed
special development district. It shall be the burden of the applicant to demonstrate that submittal material
and the proposed development plan comply with each of the following standards, or demonstrate that one
or more of them is not applicable, or that a practical solution consistent with the public interest has been
achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and
adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
Auulicant Response: The architectural design of the Vail Row Houses is governed by the Design
Guidelines prescribed in Chapter 11, Design Review, of the Vail Town Code and by the
recommendations Vail Village Master Plan. Due to the uniqueness of the way the Vail Row Houses
have evolved overtime, each unit will come in individually to have the design reviewed by the Town of
Vail Staff and Design Review Boards, based on the parameters prescribed by the proposed SDD.
The scale, bulk, and building height of the Vail Row Houses are prescribed by the standards of the
SDD. The main intent of redevelopment of the Vail Row Houses is to maintain the unique character of
each home, while also maintaining common themes. Building height is the first tool used to limit the
scale and bulk of the Vail Row Houses. HDMF zoning allows for a maximum building height of 48 ft.
The SDD will limit the building height to 45 ft. along the front fa~ade (along Gore Creek Drive). This
limitation is more restrictive than the existing zoning, and will allow the Vail Row Houses to preserve
its 2- to 3- story fa~ade along Gore Creek Drive. The Vail Village Master Plan recommends building
heights of 3 to 4 stories in this area, and therefore the proposed height is consistent with the Master
Plan.
Vail Row Houses SDD 6
11 -4-7
Following building height, site coverage also controls scale and bulk of a structure. The site coverage
allowed by HDMF is 55%. The proposed site coverage for the Vail Row Houses is limited to 55%
below-grade, but further restricted to 50% above-grade. This creates a smaller building footprint and
reduces the scale and bulk beyond the requirements of the existing zoning.
Buffer zones are the areas between adjacent structures and uses. Typically, setbacks mandate buffer
zones. In the case of the Vail Row Houses, these setbacks have historically been interpreted as
requiring 20 ft. from all property lines, rendering development on the site impossible without
variances. The proposed SDD eliminates the requirement for the interior setbacks, and instead
prescribes setbacks along the front, rear, and east sides only. The setbacks prescribed by HDMF for
the front, rear, and stream setback will be maintained. The only deviation from what exists today
requested is for the easternmost property line of Lot 13. Originally, the SDD proposal was to maintain
a 10 ft. setback from this property line. However, there was concern about the impacts to the adjacent
park. To alleviate those concerns, the proposal has been revised to maintain a 12 ft. separation from
the existing property line, and to maintain the integrity of the park, the applicant is willing to donate
their private property to the public. Approximately 915 sq. ft. of Lot 13 will be donated to Roger Staub
Park, enlarging the park by 10 ft. to the west. Lot 13 will then maintain a 2 ft. setback from the new
property line. There is then approximately 110 ft. to the Vorlaufer, which sits on the other side of
Roger Staub Park. The Vorlaufer has no setbacks and sits on the property line it shares with the park.
Therefore, the Vail Row Houses is consistent with the other structures in the neighborhood.
Identity, character, visual integrity and orientation will be maintained for the Vail Row Houses
based on the existing development. Because each lot is relatively small and narrow, redevelopment of
each lot is limited by the development surrounding it and the restrictions placed on it by the proposed
SDD.
The applicant believes that the proposed project is compatible with and sensitive to the immediate
environment and neighborhood relative to design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation because of the similarity of the design and placement of the
building on its site to the design and placement of surrounding buildings on their sites.
2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship
with surrounding uses and activity.
Auulicant Response: The uses proposed are the same as the existing - residential dwelling units. No
changes to the uses and activity are proposed. Density (dwelling units per acre) shall not be increased,
but may be decreased without an amendment to the SDD. GRFA, another method of the Town to
measure density, is proposed to increase from an allowable ratio of.76 to 1.5. However, this increase
in GRFA is tempered with additional restrictions on site coverage and height, and is consistent with
similar projects in the area (generally, all HDMF-zoned projects in the area exceed the allowable
GRFA). The Town has also recently increased allowable GRFA for surrounding projects zoned PA,
which has an allowable GRFA ratio of 1.5. Additionally, the original zoning applied to the property in
1969 allowed a GRFA ration of 1.5, so the proposed GRFA is consistent with the original ratio of the
property before those rights were taken from the property. Furthermore, the challenges related to
development within this area are evident by the number of Special Development Districts around the
Vail Row Houses, including the following (and their deviations):
#35 - Austria Haus - density, setbacks, site coverage, commercial area, common area.
#32 - Cornice Building - single family residence in HDMF, setbacks, parking in front setback
#19 - Garden of the Gods - setbacks, GRFA
#37 - Tivoli Lodge - height, loading and delivery in front setback, landscape area
#28 - Christiania - density, GRFA, common area, setbacks, parking
Vail Row Houses SDD 7
11-4-8
Special Development Districts with an underlying zoning of HDMF are also common in the general
area, including:
#38 - Manor Vail - building height, dwelling units, GRFA
#02 - Northwoods - density
#40 - the Willows - setbacks, GRFA, site coverage, density
#15 - Bishop Park - building height, setbacks, GRFA
The unique developments that occurred in the early stages of Vail's growth lead to many challenges in
redevelopment that can only be solved through Special Development Districts, which were created to
deal with these types of challenges which could not be solved through the traditional zoning
regulations.
3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of
this title.
Auulicant Response: The intention of the proposed SDD is to maintain the number of parking spaces
that exist currently for each unit. Therefore, the parking requirement for this site is a no net loss of
parking spaces. The one exception is for Lot 13, which currently exceeds its parking requirement.
Should one of the dwelling units be eliminated on Lot 13, they would be allowed to reduce their total
number of parking spaces to 2 spaces, which complies with Town Code.
4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies
and urban design plans.
Auulicant Response: The goals contained in several of the Town's comprehensive, guiding documents
are applicable during the review process for the establishment of a Special Development District. The
applicable plan sections below are identified as relevant to the review of this proposal.
Vail Land Use Plan (in part)
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a balance between
residential, commercial and recreational uses to serve both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever possible.
1.12 Vail should accommodate most of the additional growth in existing developed areas (infill
areas).
4.0 Village Core/Lionshead
4.2 Increased density in the Core areas is acceptable so long as the existing character of each
area is preserved thorough implementation of the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved.
(scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan
feeling, environmental quality.)
Vail Row Houses SDD 8
11 -4-9
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in existing, platted areas
and as appropriate in new areas where high hazards do not exist.
5.3 Affordable employee housing should be made available through private efforts, assisted by
limited incentives, provided by the Town of Vail with appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace demands for a full range of
housing types.
5.5 The existing employee housing base should be preserved and upgraded. Additional employee
housing needs should be accommodated at varied sites throughout the community.
Vail Village Master Plan (in part)
The Vail Row Houses is located within the "Vail Village Master Plan" land use category. The following
stated goals of the Vail Village Master Plan are applicable to this application:
Goal #1: Encourage high quality redevelopment while preserving the unique architectural scale of
the Village in order to sustain its sense of community and identity.
Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities.
Objective 1.3: Enhance new development and redevelopment through public improvements done by
private developers working in cooperation with the Town.
Policy 1.3.1: Public improvements shall be developed with the working participation of the private
sector working with the Town.
Goal #3: To recognize as a top priority the enhancement of the walking experience throughout the
Village.
EAST GORE CREEK SUB AREA (#6)
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EA57 GORE
- CREEK
.
"A number of the earliest projects developed in Vail are located in the East Gore Creek Sub-Area.
Development in this area is exclusively multi family condominium projects with a very limited
Vail Row Houses SDD 9
11-4-10
amount of support commercial. Surface parking is found at each site, which creates a very dominant
visual impression of the sub-area.
While the level of development in East Gore Creek is generally greater than that allowed under
existing zoning, this area has the potential to absorb density without compromising the
character of the Village. This development could be accommodated by partial infill of existing
parking areas balanced by greenspace additions or through increasing the height of existing
buildings (generally one story over existing heights). In order to maintain the architectural
continuity of projects, additional density should be considered only in conjunction with the
comprehensive redevelopment of projects.
Clearly, one of the main objectives to consider in the redevelopment of any property should be to
improve existing parking facilities. This includes satisfying parking demands for existing and
additional development, as well as design considerations relative to redevelopment proposals. The
opportunity to introduce below grade structured parking will greatly improve pedestrian iza tion and
landscape features in this area. This should be considered a goal of any redevelopment proposal in
this sub-area. Development or redevelopment of this sub-area will attract additional traffic and
population into this area and may have significant impacts upon portions ofSub-Areas 7 and 10."
(This statement is largely directed at the Texas Townhomes and Vail Trails, which have large areas
of surface parking).
5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/orgeologic hazards that
affect the property on which the special development district is proposed.
Auulicant Response: According to the Official Town of Vail Geologic Hazard Maps, the Vail Row
Houses are not located in any geologically sensitive areas.
6. Design Features: Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the community.
Auulicant Response: The design of the Vail Row Houses is governed by the Design Guidelines
prescribed in Chapter 11, Design Review, of the Vail Town Code and by the recommendations Vail
Village Master Plan. Due to the uniqueness of the way the Vail Row Houses have evolved overtime,
each unit will come in individually to have the design reviewed by the Town of Vail Staff and Design
Review Boards, based on the parameters prescribed by the proposed SDD. As proposed, the SDD for
the Vail Row Houses meets this criteria.
7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and offsite traffic
circulation.
Auulicant Response: There will be no change to the existing circulation system.
8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Auulicant Response: The majority of lots of the Vail Row Houses do not currently comply with the
minimum landscape area requirements of the HDMF zone district. The proposed SDD would require a
minimum of 20% of the site be landscape (HDMF currently requires 30%). However, the 2 lots which
are most deficient in landscaping currently will be required to have "no net loss of landscape area"
which is a similar requirement to the properties within the commercial core and consistent with an
Vail Row Houses SDD 10
11-4-I1
urban village character. To mitigate for the lack of landscape area, as each lot is redeveloped, the
proposed SDD mandates that the parking area by converted to heated pavers. In addition, the
property is surrounded by an open space tract which includes the stream tract and Roger Staub Park.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient
relationship throughout the development of the special development district.
Auulicant Response: The phasing of redevelopment of individual lots is one of the primary reasons for
this proposed Special Development District. Some of the units have already been redeveloped, and
therefore a comprehensive redevelopment of the site is highly unlikely. Also, due to the nature of the
Vail Row Houses (each lot is owned fee-simple, as if it were a single family lot) the intention would be
to allow each row house to have a unique character to make them look as if they developed over time
(as they have.) This "phasing" of development allows each owner to clearly understand the
parameters of redevelopment, in addition to having a clear understanding of what the neighbors are
able to do, unlike the current method of individual variances for each lot.
Vail Row Houses SDD 11
11-4-12
VII. VRH SDD ZONING STANDARDS
The proposal is to create a new Special Development District for the Vail Row Houses to treat the property
as a town house development. The underlying zoning would remain HDMF. The permitted, conditional,
and accessory uses as defined by the HDMF zone district would not be modified. The following outlines
the current developments regulations of HDMF and notes which regulations will be deviated from (the
deviations and/or modifications are indicated in bold and italic):
ARTICLE H. HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT (The development standards as
outlined below apply to the individual lots (Lots 7 through 13) of the Vail Row Houses, as modified for
this SDD)
12-6H-5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area, and each site
shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of
enclosing a square area eighty feet (80') on each side within its boundaries.
The minimum lot size shall be as the lots exist today, however allowing for minor changes to lot lines
to correct any encroachments.
Lot# Lot size
7 2, 744
8 2,614
9 2,396
10 2,265
11 2,309
12 2,919
13 4,835
TOTALS 20,997
12-6H-6: SETBACKS:
The minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'),
and the minimum rear setback shall be twenty feet (20').
The minimum front and rear setback shall be 20 ft. The minimum side setback shall be 0, except for
Lot 13 ft., which shall maintain a minimum setback of 2 ft. from the eastern property line (based on
the new property line following the 10 ft. land donation). The 50 ft. steam setback from Gore Creek
shall be maintained unless a variance isgranted in accordance with Chapter 17, Vail Town Code.
Pursuant to Section 14-10-4, Porches, steps, decks or terraces or similar features located at ground
level or within 5 ft. of ground level may project not more than 10 ft. nor more than one-half the
minimum required dimension into a required setback area. Balconies, decks, terraces, and other
similar unroofed features projecting from a structure at a height of more than 5 ft. above ground
level may project not more than 5 ft. nor more than one-half the minimum required dimension into a
required setback area. All existing decks and patios may remain as existing.
12-6H-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping
roof, the height of buildings shall not exceed forty eight feet (48').
Vail Row Houses SDD 12
11-4-13
For a sloping roof, the height of buildings shall not exceed 48 ft. However, additional height
restrictions apply to the front (southern fa~ade) to maintain the appearance of a 2-3 story building
along Gore Creek Drive. The eave height is limited to 45 ft. to the initial eave of the front fa~ade along
Gore Creek Drive. Eave height is defined as the distance from finished grade to the initial primary
eave of the structure.
12-61-1-8: DENSITY CONTROL:
Not more than seventy six (76) square feet of gross residential floor area (GRFA) shall be permitted for
each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25)
dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2)
of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple-family
building may include one attached accommodation unit no larger than one-third (1/3) of the total floor
area of the dwelling.
No more than 150 sq. ft. of GRFA shall be permitted for each 100 sq. ft. of total site area of each lot.
Due to the increase in allowable GRFA, the Vail Row Houses is not eligible for the "Additiona1250" as
described in 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE) and 12-15-04
INTERIOR CONVERSIONS. Lot 13 is further restricted to a total of 6,770 sq. ft. of GRFA.
GRFA and Density for each lot shall not exceed the following:
Lot # GRFA Density
Lot7 4,116 2du
Lot8 3,921 2du
Lot 9 3,594 1 du
Lot 10 3,397 2 du
Lot 11 3,463 2 du
Lot 12 4,378 2 du
Lot 13 6,770 2 du
In any case, the total number of units for Lots 7 through 13 shall not exceed 13 dwelling units.
However, if any of the units are consolidated into fewer units on the site, no amendment to this SDD
shall be required. If any lots are consolidated, GRFA for the consolidated lot shall be a total of the
allowable GRFA for each lot.
12-61-1-9: SITE COVERAGE:
Site coverage shall not exceed fifty five percent (55%) of the total site area.
Site coverage shall not exceed 55 % of the total site area of each lot, with the additional restriction
that above-grade site coverage shall not exceed 50 % of the total site area of each lot. Above grade
shall mean from grade level or entry level and above at the south elevation of the buildings.
12-61-1-10: LANDSCAPING AND SITE DEVELOPMENT:
At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of
any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three
hundred (300) square feet.
At least 20 % of the total site area of each lot shall be landscaped, except for Lots 11 and 12. Lots 11
and 12 shall have no net loss of landscape area. The following is the existing landscape area of each
lot.
Vail Row Houses SDD 13
11-4-14
Landscape Landscape
Lot # S. Ft. Percenta e
Lot 7 857 32%
Lot 8 796 30%
Lot 9 658 28%
Lot 10 624 27%
Lot 11 428 12%
Lot 12 160 7%
Lot 13 2,119 44%
Because of the minimal opportunity for landscaping, when redevelopment of a lot occurs, the parking
surface of the lot shall be converted to concrete unit pavers or other material (as approved by the
Design Review Board) and a snowmelt system shall be installed.
12-61-1-11: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy
five percent (75%) of the required parking shall be located within the main building or buildings and
hidden from public view or shall be completely hidden from public view from adjoining properties within
a landscaped berm. No parking shall be located in any required front setback area.
Parking requirements shall be based on the current number of parking spaces and dwelling units.
Lot 7 2 du Z parking spaces
Lot 8 2 du Z parking spaces
Lot 9 1 du Z parking spaces
Lot 10 2 du Z parking spaces
Lot 11 2 du Z parking spaces
Lot 12 2 du Z parking spaces
Lot 13 2 du 4 parking spaces
If any dwelling units are eliminated, there shall be no fewer than 2 parking spaces for each lot. Due
to site constraints, there is no requirement for enclosed or screened parking. The parking is
permitted to be located within the front setback, and partially within the Town of Vail right-of-way as
it exists currently. A revocable right-of-way permit shall be obtained for improvements within the
right-of-way.
When a unit is redeveloped or the addition of GRFA occurs, the parking requirements as provided in
Section 12-10-10A of the Town Code for the subject lot shall be satisfied as follows:
a. Comply with number of spaces on-site, which may include reducing the number of
dwelling units on-site; or
b. Legally attach a dedicated parking space found within the Founders Parking Garage,
located across Gore Creek Drive from The Vail Row Houses; or
c. Pay-in-lieu for a parking space(s) or portion thereof as provided in Section 12-10-16:
ExemptAreas; Parking Fund Established, Town Code.
Employee Housing:
Employee Housing shall be provided in accordance with Chapter 24: Inclusionary Zoning. Due to site
constraints, the inclusionary zoning requirement shall be met through the fee-in-lieu or the provision
of off-site employee housing unit(s). The Vail Row Houses shall provide an additional 5% of
Vail Row Houses SDD 14
11-4-IS
mitigated floor area or equivalent pay in-lieu amount over the requirements of Chapter 24,
Inclusionary Zoning, as may be adjusted from time to time.
Expiration and Amendment:
This SDD is established to set zoning standards for the future redevelopment of individual dwelling
units within the SDD. Therefore, the SDD does not expire and will continue to provide the zoning
standards into the future. Nothing herein prevents an amendment to the SDD by any owner within
the SDD. If an amendment only affects the applicant's property, no written consent is required from
other owners within the SDD.
Vail Row Houses SDD 15
11-4-1(i
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 13, 2009
SUBJECT: A requestfora final recommendation to the Vail Town Council forthe establishment
of a new special development district, pursuant to Article 12-9A, Special
Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive,
Units 7 through 13 (Vail Rowhouses)/Lots 7 through 13, Block 5, Vail Village Filing 1,
and setting forth details in regard thereto. (PEC080074)
Applicant: Christopher Galvin, represented by K.H. Webb Architects and Mauriello
Planning Group
Planner: Bill Gibson
1. SUMMARY
The applicant, Christopher Galvin, represented by K.H. Webb Architects and Mauriello
Planning Group, is requesting a final recommendation to the Vail Town Council to establish
Special Development District No. 41, Vail Rowhouses, located at 303 Gore Creek Drive/Lots
7 through 13, Block 5, Vail Village Filing 1.
Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and the
evidence and testimony presented, the Community Development Department recommends
the Commission forwards a recommendation of denial subject to the findings noted in
Section IX of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Christopher Galvin, represented by K.H. Webb Architects, is requesting a
final recommendation to the Vail Town Council for the establishment of Special
Development District No. 41, Vail Rowhouses.
Initially, the purpose of the proposed special development district was to streamline the
review process for future renovations to the subject sites (i.e. eliminating the need for
multiple variances) while maintaining the row house character of the subject property. The
applicant's initial application proposed zero side setbacks, in place of 20 feet, between units;
reducing the building height limit by three feet; allowing the existing number of dwelling units;
allowing the existing number of parking spaces; eliminating GRFA (gross residential floor
area) limits; and adopting farade design guidelines.
The applicant has since amended their proposal to include the following deviations from the
underlying High Density Multiple-Family (HDMF) District to increase the allowable
development potential of the subject properties:
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• GRFA increases from a ratio of 0.76 to 1.50 per lot, with Lot 13 capped at a
maximum GRFA of 6,770 sq. ft. This proposed formula change results in a GRFA
increase ranging from 39% to 74% for each subject lot. For a detailed analysis,
refer to the attached Applicant's Request (Attachment B). As proposed, "250
Additions" and "Interior Conversions" can not be added to the applicant's proposed
maximum GRFA limits. Staff has prepared an analysis of the previous, current, and
proposed actual allowable floor area (not GRFA) to determine the true impact of the
proposed GRFA amendments (Attachment A). Based upon this analysis, the
proposed actual increase in development potential ranges from 9% to 28% per
subject lot.
• Reduce the required landscape area from 30% to 20% for all lots except 11 and 12.
For Lots 11 and 12, the applicant is proposing no net loss of existing landscape
area (i.e. Lot 11 = 12% and Lot 12 = 7%).
• Decrease the side setback on the east end lot (Lot 13) from 20 feet to 12 feet from
the existing property line. This would result in a two foot setback should the Town
accept the proposed 10 foot land dedication noted below.
• Decrease the required parking from two spaces per lot with a single dwelling unit
and three spaces per lot with a two dwelling units to a total of two spaces for Lots 7
through 12 and four spaces for Lot 13. This proposed reduction reflects the number
of existing parking spaces on the subject lots.
The applicant has amended their proposal to include the following deviations from the
underlying High Density Multiple-Family (HDMF) District to decrease the allowable
development potential of the subject properties as follows:
• Restrict the building eave height limit to 45 feet along Gore Creek Drive (The current
eave height limit is 48 feet for sloping roofs and 45 feet for flat roofs. The applicant
is not proposed to change the maximum ridge height limits of 48 and 45 feet.).
• Reduce the allowable above-grade site coverage from 55% to 50% of the lot area.
Below grade site coverage is not changed. (The current maximum site coverage is
55% both above and below grade)
The applicant has also amended their proposal to include the self-imposed design
guideline:
• All parking areas will be constructed with concrete pavers and snowmelt heat with
future renovations.
The applicant has amended their proposal to include the following public benefits to off-set
the proposed deviations from the underlying High Density Multiple-Family (HDMF) District:
• Dedication of the eastern 10 feet of Lot 13 to the Town of Vail. This 915 sq. ft. of
land is to be used as an addition to the adjacent public Roger Staub Park.
• Increasing the Inclusionary Zoning mitigation rate requirement from 10% of net new
floor area to 15% of net new floor area.
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III. BACKGROUND
On December 22, 2008, the Planning and Environmental Commission held a work session
to discuss the applicant's initial proposal to create a special development district with the
purpose of streamlining the development review process without substantively altering the
allowed development potential for Lots 7-13 of the Vail Rowhouses. The Commission was
generally supportive of the concept and request additional documentation/calculations
demonstrating that the development potential was not being altered.
On March 3, 2009, the Planning and Environmental Commission held a work session to
discuss the applicant's amended proposal. Instead of solely attempting to streamline the
development review process, the applicant amended their application to also increase the
allowable GRFA (gross residential floor area) for all subject lots and to decrease the east
side setback requirements for Lot 13.
IV. ROLES OF REVIEWING BOARDS
Order of Review:
Generally, applications will be reviewed first by the PEC for impacts of use/development,
then by the DRB for compliance of proposed buildings and site planning, and final approval
by the Town Council.
Planninq and Environmental Commission:
The PEC shall review the proposal for and make a recommendation to the Town Council on
the final approval, approval with modifications, or denial of a special development
district, pursuant to Article 12-9A, Special Development Districts, Vail Town Code.
Town Council:
The Town Council responsible for final approval, approval with modifications, or
denial of a special development district, pursuant to Article 12-9A, Special Development
Districts, Vail Town Code. Actions of PEC maybe appealed to the Town Council or by
the Town Council. Town Council evaluates whether or not the PEC or DRB erred with
approvals or denials and can uphold, uphold with modifications, or overturn the board's
decision.
V. ZONING ANALYSIS
The proposed changes to the prescribed development standards adopted in conjunction
with SDD No. 41, Vail Rownhouses are shown in bold text in the table below.
Zoning: High Density Multiple-Family
Land Use Plan Designation: Vail Village Master Plan Study Area
Current Land Use: Residential
Development Standard Allowed/Required Existinq Conditions Proposed Allowed/Required
Buildable Area (min): 10,000 sq.ft. 2,265 to 5,750 sq.ft. existing conditions
Setbacks (min):
Front: 20 ft. ?20 ft. no change
Sides (Lots 7-12): 20 ft. 0 ft. existing conditions
Sides (Lot 13 west) 20 ft. 0 ft. existing conditions
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Sides (Lot 13 east) 20 ft. 20 ft. 2 ft. (after land dedication)
Rear: 20 ft. ?20 ft. no change
Gore Creek 50 ft. ?50 ft. no change
Building Height (max): 48 ft. sloped/45 ft. flat :548 ft/:545 ft. Eaves max. 45 ft. on Gore Creek Drive
No change to ridge height limits
Density - DU's (max): 0 All but Lot 9: 2 du's Existing conditions
Lot 9: 1 du
Density - GRFA (max): 0.76 of buildable area 0.76 of buildable area 1.5 of buildable area
+ interior conversions + interior conversions no interior conversions
+ 250 additions (x2) + 250 additions (x2) no 250 additions
+ nonconforming GRFA
Site Coverage (max): no change all lots :555% 55% below grade/50% above grade
Landscape Area (min): 30% 7% to 44% 20%/no net loss Lots 11 & 12
Parking (min): all but Lot 9: 3 spaces all but Lot 13: 2 spaces existing conditions
Lot 9: 2 spaces Lot 13: 4 spaces
Parking location: 75% below grade existing on-grade parking existing conditions
not in front setback existing within the setback existing conditions
not in street ROW existing in street ROW existing conditions
Inclusionary Zoning 10% mitigation rate none required to date 15% mitigation rate
(Employee Housing)
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Gore Creek Outdoor Recreation
South: Residential and Parking Commercial Core 1& Parking Districts
East: Public Park Outdoor Recreation
West: Residential High Density Multiple-Family
VII. APPLICABLE DOCUMENTS
TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE
Chapter 12-1, Title, Purpose and Applicability
A. Genera/: These regulations are enacted forthe purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a mannerthat will conserve and enhance its
natural environment and its established character as a resort and residential
community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide foradequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
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3. To promote safe and efficient pedestrian and vehiculartraffic circulation and
to /essen congestion in the streets.
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Article 12-6H: High Density Multiple Family District
12-6H-1: PURPOSE:
The high density multiple-family district is intended to provide sites for multiple-
family dwellings at densities to a maximum of twenty five (25) dwelling units
per acre, together with such public and semipublic facilities and lodges, private
recreation facilities and related visitororiented uses as may appropriately be located
in the same zone district. The high density multiple-family district is intended to
ensure adequate light, air, open space, and otheramenities commensurate with
high density apartment, condominium and lodge uses, and to maintain the
desirable residential and resort qualities of the zone district by establishing
appropriate site development standards. Certain nonresidential uses are permitted
as conditional uses, which relate to the nature of Vail as a winter and summer
recreation and vacation community and, where permitted, are intended to blend
harmoniously with the residential character of the zone district.
Article 12-9A: Special Development (SDD) District
12-9A-1: PURPOSE AND APPLICABILITY:
A. Purpose: The purpose of the special development district is to encourage
flexibility and creativity in the development of land in orderto promote its most
appropriate use; to improve the design character and quality of the new
development with the town; to facilitate the adequate and economical provision of
streets and utilities; to preserve the natural and scenic features of open space
areas; and to further the overall goals of the community as stated in the Vail
comprehensive plan. An approved development plan for a special development
district, in conjunction with the property's underlying zone district, shall establish the
requirements for guiding development and uses of property included in the special
development district.
B. Applicability: Special developmentdistricts do notapplyto andare notavailable in
the following zone districts: hillside residential, single-family residential, two-family
residential and two-family primary/secondary residential.
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12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS:
A. Criteria: The following design criteria shall be used as the principal criteria in
evaluating the merits of the proposed special development district. It shall be the
burden of the applicant to demonstrate that submittal material and the proposed
development plan comply with each of the following standards, or demonstrate that
one ormore of them is not applicable, orthat a practical solution consistent with the
public interest has been achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, sca/e, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
2. Relationship: Uses, activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
3. Parking and Loading: Compliance with parking and loading requirements
as outlined in Chapter 10 of this title.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
8. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and
function.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the development of
the special development district.
B. Necessary Findings: Before recommending and/or granting an approval of an
application for a special development district, the planning and environmental
commission and the town council shall make the following findings with respect to
the proposed SDD:
1. That the SDD complies with the standards listed in subsection A of this
section, unless the applicant can demonstrate that one or more of the
standards is not applicable, or that a practical solution consistent with the
public interest has been achieved.
2. That the SDD is consistent with the adopted goa/s, objectives and policies
outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
3. That the SDD is compatible with and suitable to adjacent uses and
appropriate forthe surrounding areas; and
4. That the SDD promotes the health, safety, morals, and general welfare of
the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and
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its established characteras a resort and residential community of the highest
quality.
12-9A-9: DEVELOPMENT STANDARDS:
Development standards including lot area, site dimensions, setbacks, height, density
control, site coverage, landscaping and parking shall be determined by the town
council as part of the approved development plan with consideration of the
recommendations of the planning and environmental commission. Before the town
council approves development standards that deviate from the underlying zone
district, it should be determined that such deviation provides benefits to the
town that outweigh the adverse effects of such deviation. This determination is
to be made based on evaluation of the proposed special development districYs
compliance with the design criteria outlined in section 12-9A-8 of this article.
VAIL LAND USE PLAN
Chapter 2: Land Use Goa/s and Policies
1. General Growth /Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2. The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded
whenever possible.
1.4. The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1.5. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
1.6. Vail recognizes its stream tract as being a desirable land feature as well as
its potential for public use.
2. Skier/Tourist Concerns
2.1. The Town of Vail should improve the existing park and open space
lands while continuing to purchase open space.
4. Villaqe Core /Lionshead
4.1. lncreased density in the Core areas is acceptable so long as the
existing characterof each area is preserved through implementation of
the Urban Design Guide Plan and the Vail Village Master Plan.
4.2. The ambiance of the Village is important to the identity of Vail and
should be preserved. (Sca/e, alpine character, small town feeling,
mountains, natural settings, intimate size, cosmopolitan feeling,
environmental quality.)
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5. Residential
5.1. Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.2. Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
5.3. Residential growth should keep pace with the market place demands
for a full range of housing types.
5.4. The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
VAIL VILLAGE MASTER PLAN
CHAPTER V. GOALS, OBJECTIVES, AND ACTION STEPS
GOAL #1 Encourage high quality, redevelopment while preserving unique
architectural scale of the village in order to sustain its sense of community and
identity.
Obiective 1.1: Implement a consistent development review process to
reinforce the character of the Village.
Policy 1.1.1: Development and improvement projects approved in the
Village shall be consistent with the goals, objectives, policies and
design considerations as outlined in the Vail Village Master Plan and
Urban Design Guide Plan.
Obiective 1.2: Encourage the upgrading and redevelopment of
residential and commercial facilities.
Policy 1.2.1: Additional development may be allowed as identified by the
Action Plan and as is consistent with the Vail Village MasterPlan and Urban
Design Guide Plan.
Policy 1.2.2: Development and improvement projects shall be
coordinated to minimize the unintended negative consequences
associated with construction activity in a pedestrianized, commercial
area. For instance, the noise abatement, project completion guarantees,
temporary parking, traffic control, etc.
Obiective 1.3: Enhance new development and redevelopment through
public improvements done by private developers working in cooperation
with the town.
Policy 1.3.1: Public improvements shall be developed with the
participation of the private sector working with the Town.
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Obiective 1.4: Recognize the "historic" importance of the architecture,
structures, landmarks, plazas and features in preserving the character
of Vail Village.
Policy 1.4.1: The historical importance of structures, landmarks, plazas and
other similar features shall be taken into consideration in the development
review process.
Policy 1.4.2: The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
Policy 1.4.3: Identification of "historic" importance shall not be used as the
so/e means of preventing or prohibiting development in Vail Village.
GOAL #2 To foster a strong tourist industry and promote year-around economic
health and viability for the village and for the community as a whole.
Obiective 2. 6: Encourage the development of employee housing units in
Vail Village through the efforts of the private sector.
Policy 2.6.1: Employee housing units may be required as part of any
new or redevelopment project requesting density over that allowed by
existing zoning.
Policy 2. 6.3: The Town of Vail may facilitate in the development of affordable
housing by providing appropriate assistance.
Policy 2.6.4: Employee housing shall be developed in the Village when
required by the Town's adopted Zoning Regulations.
GOAL #3 To recognize as a top priority the enhancement of the walking
experience throughout the village.
Obiective 3.1: Physically improve the existing pedestrian ways by
landscaping and other improvements.
Policy 3.1.1: Private development projects shall incorporate streetscape
improvements (such as paver treatments, landscaping, lighting and
seating areas), along adjacent pedestrian ways.
Policy 3.1.2: Public art and other similar landmark features shall be
encouraged at appropriate locations throughout the Town.
Policy 3.1.3: Flowers, trees, waterfeatures, and otherlandscaping shall be
encouraged throughout the Town in locations adjacent to, or visible from,
public areas.
Obiective 3.2: Minimize the amount of vehicular traffic in the Village to
the greatest extent possible.
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Policy 3.2.1: Vehiculartraffic will be eliminated orreduced to absolutely
minimal necessary levels in the pedestrianized areas of the Village.
Obiective 3.4: Develop additional sidewalks, pedestrian-only walkways
and accessible green space areas, including pocket parks and stream
access.
Policy 3.4.1: Physical improvements to property adjacent to stream
tracts shall not further restrict public access.
Policy 3.4.2: Private development projects shall be required to incorporate
new sidewalks along streets adjacent to the project as designated in the Vail
Village Master Plan and/or Recreation Trails Master Plan.
Policy 3.4.3: The "privatization" of the town-owned Gore Creek stream
tract shall be strongly discouraged.
Policy 3.4.4: Encroachment of private improvements on the town-owned
Gore Creek stream tract shall be prohibited.
Policy 3.4.5: The Town shall require the removal of existing improvements
constructed without the Town's consent within the town-owned Gore Creek
stream tract.
GOAL #4 To preserve existing open space areas and expand greenspace
opportunities.
Obiective 4.1: Improve existing open space areas and create new plazas
with greenspace and pocket parks. Recognize the different ro/es of each
type of open space in forming the overall fabric of the Village.
Policy 4.1.1: Active recreation facilities shall be preserved (or relocated to
accessible locations e/sewhere in the Village) in any development or
redevelopment of property in Vail Village.
Policy 4.1.2: The development of new public plazas, and improvements to
existing plazas (public art, landmarks, historic features, streetscape features,
seating areas, etc.) shall be strongly encouraged to reinforce their ro/es as
attractive people places.
Policy 4.1.3: With the exception of ski base-related facilities, existing natural
open space areas at the base of Vail Mountain and throughout Vail Village
and existing greenspaces shall be preserved as open space.
Policy 4.1.4: Open space improvements including the addition of
accessible greenspace as described or graphically shown in the Vail
Village Master Plan and/or Urban Design Guide Plan, will be required in
conjunction with private infill or redevelopment projects.
Obiective 4.2: lmprove and expand the opportunity for active and
passive recreational activity throughout the Village.
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GOAL #4 Action Steps:
2. Evaluate additional opportunities for the purchase of additional
parcels for open space and/or public use.
GOAL #5 /ncrease and improve the capacity, efficiency, and aesthetics of the
transportation and circulation systems throughout the village.
Obiective 5.1: Meet parking demands with public and private parking
facilities.
Policy5.1.1: For new development that is located outside of the Commercial
Core I Zone District, on-site parking shall be provided (ratherthan paying
into the parking fund) to meet any additional parking demand as
required by the zoning code.
Policy 5.1.2: The expansion of the Vail Village parking structure shall
maximize the number of additional parking spaces available for public
parking.
Policy 5.1.3: Seek locations foradditional structured public and private
parking.
Policy 5.1.4: Continue to promote the /ease parking program as a means for
maximizing the utilization of private parking spaces.
Policy 5.1.5: Redevelopment projects shall be strongly encouraged to
provide underground or visually concealed parking.
Policy 5.1. 6: Development and redevelopment projects shall be strongly
encouraged to provide ample temporary parking for construction
workers for the duration of a construction project to minimize impacts
on our guests and visitors resulting from the /oss of public parking.
GOAL #6 To ensure the continued improvement of the vital operational elements of
the village.
Obiective 6.1: Provide service and delivery facilities for existing and
new development.
Policy 6.2.2:Minorimprovements (landscaping, decorative paving, open
dining decks, etc.), may be permitted on Town of Vail land or right-of-
way (with review and approval by the Town Council and Planning and
Environmental Commission when applicable) provided that Town
operations such as snow removal, street maintenance and fire
department access and operation are able to be maintained at current
levels. Special design (i.e, heated pavement), maintenance fees, or
other considerations may be required to offset impacts on Town
services.
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CHAPTER VI: ILLUSTRATIVE PLAN
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CHAPTER VII: Vail Village Sub-Areas
East Gore Creek Sub-Area (#6)
A number of the earliest projects developed in Vail are located in the East
Gore Creek Sub-Area. Development in this area is exclusively multi-family
condominium projects with a very limited amount of support commercial.
Surface parking is found at each site, which creates a very dominant
visual impression of the sub-area.
While the level of development in East Gore Creek is generally greater
than that allowed under existing zoning, this area has the potential to
absorb density without compromising the character of the Village.
This development could be accommodated by partial infill of existing
parking areas balanced by greenspace additions orthrough increasing
the height of existing buildings (generally one story over existing
heights). ln order to maintain the architectural continuity of projects,
additional density should be considered only in conjunction with the
comprehensive redevelopment of projects.
Clearly, one of the main objectives to considerin the redevelopment of
any property should be to improve existing parking facilities. This
includes satisfying parking demands for existing and additional
development, as well as design considerations relative to redevelopment
proposals. The opportunity to introduce below grade structured parking
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will greatly improve pedestrianization and landscape features in this
area. This should be considered a goal of any redevelopment proposal
in this sub-area. Development orredevelopment of this sub-area will attract
additional traffic and population into this area and may have significant
impacts upon portions of Sub-Areas 7 and 10.
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^VIII. REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluating the merits of
the proposed special development district. It shall be the burden of the applicant to
demonstrate that submittal material and the proposed development plan complywith each of
the following standards, or demonstrate that one or more of them is not applicable, or that a
practical solution consistent with the public interest has been achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
Staff does not believe the proposed special development district will negatively affect the
architectural design, building height, identity, character, visual integrity or orientation in
comparison to the existing conditions. Staff does not believe the applicant's proposal to
prescribe a maximum ridge height of 45 feet along Gore Creek Drivie will have any real
effect on the bulk and mass of the subject properties. The applicant is not proposing to
reduce the maximum roof ridge height of the buildings, so a maximum eave height of 48 feet
or 45 feet (which is the current maximum for a flat roof) will not change the four building
stories which can be currently be constructed. The Vail Village Master Plan recommends
maximum building heights of three to four stories for the subject properties.
In Attachment A, Staff prepared an analysis of the previous, existing, and proposed
development potential for the subject properties based upon an actual floor-area-ratio
calculation ratherthan GRFA (gross residential floor area) since GRFA includes deductions
and credits that can skew the area numbers.
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• Based upon this analysis, the subject properties were allowed a floor area ratio of
1.5 in 1969.
• Over the years the Town of Vail imposed a community wide down zoning by
significantly reducing the allowable GRFA in many zone districts. Due to this down
zoning, the floor area ratio allowed for the subject properties was reduced to 0.60.
• In the mid-1990's the Town of Vail adopted the "250 Addition" and "Interior
Conversion" provisions to allow existing residences to expand beyond their allowed
GRFA limits. This resulted in floor area ratios ranging from 0.69 to 0.81 for the
subject properties.
• In 2004, the Town of Vail again amended the GRFA regulations. The most
significant amendment granted GRFA deductions for basements and re-set the
allowance for new "250 Additions" and "Interior Conversions" for multiple-family
residences. This increased the allowable floor area ratio of the subject properties to
a range of 1.40 to 1.88. This resulted in 5 of the 7 subject properties now having
development potential at or beyond their 1969 levels. Significant portions of these
development potential increases are currently un-built.
• The applicant is proposing to increase the allowable GRFA limits for the subject
properties from 0.76 to 1.5, which will increase the actual floor area ratios for these
properties to a range of 1.93 to 2.05.
Staff does not believe the proposed increases in building scale/bulk beyond the un-built
development potential currently available to each of the subject properties is appropriate for
the neighborhood. The purpose and intent of the "250 Addition" and "Interior Conversion"
credits currently available to the subject properties, which are predominately un-built, are to
encourage the construction of upgrades to existing residences. The proposed increase in
development potential will not facilitate the comprehensive redevelopment of an aged
property. Lots 7 and 8 have already been redeveloped within the past five years, and the
remaining lots will be redeveloped on an individual basis.
While the dedication of park land within the Village is generally a positive proposal, Staff
does not believe the proposed reductions in Lot 13's setbacks and buffer zones are
sensitive to the adjacent Roger Staub Park. The dedication of 10 feet of Lot 13 to the
adjacent park will increase the non-conformity of the Lots size (less than 10,000 sq. ft.) and
will bring the existing conforming structure into non-compliance with the required 20 setback.
The eastern 10 feet of Lot 13 is currently unbuildable. Therefore, the dedication of this
property would likely only affect the ownership of the land, rather than affecting the public's
perception of open space in the village.
2. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
The Vail Village Master Plan identifies the subject properties as a potential location for
additional residential development. Of all the subject properties, only Lot 8 has been
constructed to its full allowable height. Each of the other subject properties currently have
the ability to construct an additional story on top of the existing residences. Additionally,
each of the subject properties currently has the ability to construct additions to their existing
residences beyond the allowable GRFA (Gross Residential Floor Area) limits through the
"Interior Conversion" and "250 Addition" (two 250 additions are available for all but Lot 9)
provisions of the Vail Town Code. Given the current un-built development potential available
to each of the subject properties, Staff does not believe the applicant's proposed increases
14
11-5-14
to the allowable GRFA limits through the Special Development District process are
necessary for conformance with the Vail Village Master Plan.
3. Parking and Loading: Compliance with parking and loading requirements as
outlined in Chapter 10 of this title.
Lots 7, 8, 10, 11, and 12 are currently deficient in their number of required parking spaces.
Pursuant to Chapter 12-10, Off Street Parking and Loading, Vail Town Code, each unit is
required 1.4 parking spaces. With two units on each lot, a minimum of three parking spaces
are required for these properties. Currently, there are only two spaces on each of these lots.
Portions of the existing parking spaces for every subject property (Lots 7-13) encroach into
the Gore Creek Drive right-of-way contrary to the requirements of Chapter 14-3, Residential
and Commercial Access, Driveway, and Parking Standards, Vail Town Code. The proposed
special development district would allow this non-conforming parking situation to continue in
perpetuity.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
The Vail Village Master Plan recommends the existing on-street parking be removed from
the Gore Creek Drive right-of-way. However, this proposal does not address this
recommendation and would allow the existing non-conforming parking situation to continue
in perpetuity.
The Vail Village Master Plan identifies the subject properties as a potential location for
additional residential development. Of all the subject properties, only Lot 8 has been
constructed to its full allowable height. Each of the other subject properties currently have
the ability to construct an additional story on top of the existing residences. Additionally,
each of the subject properties currently has the ability to construct additions to their existing
residences beyond the allowable GRFA (Gross Residential Floor Area) limits through the
"Interior Conversion" and "250 Addition" (two 250 additions are available for all but Lot 9)
provisions of the Vail Town Code. Given the current un-built development potential available
to each of the subject properties, Staff does not believe the applicant's proposed increases
to the allowable GRFA limits through the Special Development District process are
necessary for conformance with the Vail Village Master Plan.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development district is
proposed.
Portions of the subject properties are located adjacent to the Gore Creek 100-year Flood
Plain; however, no improvements are proposed to be constructed in the flood plain.
6. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
The subject properties are located adjacent to Gore Creek; however, no improvements are
proposed to be constructed within the flood plain or the 50-foot creek setback.
15
11-5-IS
The subject properties are located adjacent to the Roger Staub Park, and the owner of Lot
13 is proposing to dedicate the eastern 10 feet of their lot to the Town of Vail as an addition
to the park. However, the applicant is also proposing to expand the existing Lot 13
residence nine feet to the east. The existing residence, with the existing lot configuration,
conforms to the 20 foot side setback requirement. By dedicating land to the park, that
setback is reduced to 11 feet; and by expanding the building to the east the applicant is
proposing a final setback of only one foot. Staff does not believe a proposed building
setback of only two feet is appropriate in this location. A two foot setback would create
practical difficulties to the current and future owners of the lot in accessing and maintaining
their property without encroaching into a public park.
The dedication of 915 sq. ft. of Lot 13 to the Town of Vail for public park use would make
this lot more non-conforming in regard to the current 10,000 sq. ft. minimum lot size
requirement of the Town's zoning regulations.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
Portions of the existing parking spaces for each subject property encroach into the Gore
Creek Drive right-of-way contrary to the requirements of Chapter 14-3, Residential and
Commercial Access, Driveway, and Parking Standards, Vail Town Code. The proposed
special development district would allow this non-conforming parking situation to continue in
perpetuity.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
While Staff generally supports the concept of park land dedication; Staff does not believe the
proposed reduction in setbacks and landscape area on Lot 13 optimizes or preserves the
natural features of the adjacent Roger Staub Park. Lot 13 currently complies with the
required 30% site coverage requirement; however, the proposed dedication of land will
render Lot 13 non-conforming. Currently Lots 9 through 12 are deficient in meeting the
minimum landscape area requirements, and the proposed special development district will
perpetuate this situation into the future by reducing the required landscaping requirement to
12% for Lot 11, 7% for Lot 12, and 20% for the remaining lots.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
The applicant is not proposing a comprehensive redevelopment of the subject properties.
Instead, future redevelopment could occur on a single unit by unit basis.
10. Public Benefit: The proposed deviations provide benefits to the town must
outweigh the adverse effects of such deviations.
This proposed Special Development District includes the following deviations from the
Town's zoning regulations and development standards:
16
11-5-16
• Lot size and lot dimensions
• Density - Dwelling Units per acre
• Density - GRFA (gross residential floor area)
• Setbacks
• Landscape Area
• Parking - Numbers
• Parking - Location
The applicant is proposing to mitigate the effects of these deviations with the follow:
• Dedication of 915 from Lot 13 to the Town of Vail's Roger Staub park.
• Reducing the building eave height limit along Gore Creek Drive to 45 feet.
• Reducing the above grade site coverage limits to 50%.
• Increasing the Inclusionary Zoning employee housing mitigation rate from 10% to
15%.
• Imposing design guidelines requiring future driveway renovations to include concrete
pavers and snowmelt heating.
Since this proposal is not part of a comprehensive redevelopment of the subject properties,
the dedication of land to Roger Staub Park is the only near term benefit proposed by the
applicant. The proposed reduction in site coverage, eave height limits, and Inclusionary
Zoning changes will only take effect when the individual lot owners choose to redevelop their
properties (two of these properties have already been redeveloped in the past 5 years).
While Staff generally supports the concept of park land dedication, in this situation such a
dedication renders the existing Lot 13 more non-conforming in regards to lot size/dimension
requirements and setback requirements. The non-conforming setback situation on Lot 13
would then be further exacerbated by the applicant's proposed to also expand the structure
on Lot 13 and addition 8 feet to the east. From a practical perspective, the portion of Lot 13
being offered for dedication is currently unbuildable due to the setback requirements of the
site. Therefore, while a portion of Lot 13 could come underthe ownership of the Town; Staff
does not believe the general public will perceive any physical changes to the existing Roger
Staub Park.
Staff does not believe the applicant's proposal to limit building roof eaves to 45 feet will have
any benefit to the public. Staff does not believe this requirement will have any practical
affect on reducing the bulk and mass of the subject properties, since 45 feet is the current
eave limit for flat roofs and the applicant is not proposing to reduce the roof ridge height
requirement for sloping roofs. The current building height limits already allow the subject
properties to be four stories above street level as recommended by the Vail Village Master
Plan, and the proposed eave limit will not alter this circumstance. All of the subject
properties, with the exception of Lot 7, are only three stories in height today and already
have the development rights to expand an additional story.
The applicant is proposing to reduce the above grade site coverage limits for the subject
properties from 55% to 50%. Each of the subject properties already complies with this
proposed standard. In part, today's conformance with this proposed site coverage reduction
is dictated by the current setback requirements and the current landscape area requirements
applied to the subject properties. Several of the subject properties are currently non-
conforming in regard to today's landscape area requirements. The applicant is not
proposing to reduce the existing landscape area non-conformities. Instead, the applicant is
17
11-5-17
proposing to perpetuate this situation through the special development district process
without providing any public benefits to off-set the negative effects of these deficiencies.
The proposed park land dedication will render the currently conforming Lot 13 non-
conforming in regard to the minimum landscape area requirements. The subject properties
are located adjacent to the Roger Staub Park and a public stream tract. Both properties are
experiencing stream bank erosion along Gore Creek and Staff believes an opportunity exists
for the applicant to assist the Town in preserving these critical adjacent public open spaces.
The subject properties are non-conforming in regard to density in both allowable units per
acre and GRFA (gross residential floor area). By formalizing the existing number of dwelling
units through the special development district process, the applicant gains significantly in
becoming "conforming" in regard to density. Currently, the subject properties can not
demolish more than one-half the floor area of the building during a renovation or the project
will be defined as a"demo/rebuild" by the Town's zoning regulations. Once a current
building becomes a"demo/rebuild" project, the reconstruction must be fully in compliance
with the Town's regulations and the property looses it's "legally non-conforming" (i.e.
grandfathered) status. In the past five years Lots 7 and 8 have redeveloped, at additional
expense to the owners, in such a manner as to maintain there grandfathered status by not
demolishing more than one-half of the existing floor area. As proposed, future renovations
to the subject properties will not be constrained by this "demo/rebuild" scenario.
The applicant is proposing to increase the allowable GRFA for the subject properties beyond
the current limits. Unlike in other special development district proposal, these subject
properties have unbuilt development potential. Less than five years ago the Town of Vail
amended the Town's GRFA regulations and significantly increased the GRFA available to
the subject properties and reset the "250 Addition" and "Interior Conversion" opportunities.
The Town's current regulations grant the majority of the subject properties more
development potential than they were affording in 1969, years prior to the town wide down
zoning.
The applicant is proposing to mitigate the effects of this additional floor area by increasing
their Inclusionary Zoning employee housing mitigation rates from 10% to 15%. Should the
Commission choose to support this element to the proposal, Staff recommends this
provision be modified to require an additional 5% above the standard minimum Inclusionary
Zoning employee housing mitigation rate. The current mitigation rate could be subject to
future code amendments that could potentially increase the standard minimum rate and Staff
believes the applicant's proposed increase should be proportional to any future standard
rates.
The subject properties, with the exception of Lot 13, are currently non-conforming in regard
to parking space numbers. The applicant is not proposing any public benefit to mitigate the
effects of the deviation. Staff believes several opportunities are currently available to the
applicant to mitigate this deviation, including:
• Constructing underground parking as recommended by the Vail Village Master Plan.
• Converting the street level of the existing buildings into garages (the displaced
GRFA can be relocated in the unbuilt fourth story of these buildings).
• Parking spaces can be purchased in the adjacent Founder's Garage and tied to the
deeds of these properties in accordance with the provisions of Section 12- 10-6,
Parking; Off Site and Joint Facilities, Vail Town Code.
• Fees-in-lieu can be paid into the Town's core area parking fund (the current rate is
$22, 229.16).
18
11-5-18
Please note, that the proposed dedication of a portion of Lot 13 to Roger Staub Park would
eliminate the eastern most 7 feet of this lot's existing non-conforming parking area. The lot
could no longer accommodate the parking space widths necessary for the four existing
parking spaces on the lot without the removal, and paving, of an existing landscape planter
on the western portion of the property (i.e. a further reduction in landscape area).
While the applicant is proposing a guideline requiring driveways of the subject properties to
be concrete pavers and snowmelt heated at the time of some future redevelopment (the Lot
7 and Lot 8 driveways have already been upgraded), Staff believes the above listed parking
garage or off-site parking options are currently available to the subject properties to remedy
the non-compliant parking spaces that are located within the front setbacks and encroach in
the Gore Creek Drive street right-of-way.
Staff does not believe the applicant has demonstrated that the negative effects of the
deviations created by this special development district will be adequately mitigated or
outweighed by the applicant's proposed public benefits.
IX. STAFF RECOMMENDATION
Based upon review of the criteria outlined in Section VIII of this memorandum and the
evidence and testimony presented, the Community Development Department recommends
the Planning and Environmental Commission forwards a recommendation of denial to the
Vail Town Council of this request.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial of this request; Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of denial
to the Vail Town Council forthe establishment of a new special developmentdistrict,
pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code,
located at 303 Gore Creek Drive, Units 7 through 13 (Vail Rowhouses)/Lots 7
through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to forward a recommendation
of denial to the Vail Town Council this request, the Community Development Department
recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VI of Staff's March 23,
2009, memorandum and the evidence and testimony presented, the Planning and
Environmental Commission finds:
"1. That the SDD does not comply with the standards listed in subsection A of
this section, unless the applicant can demonstrate that one or more of the
standards is not applicable, or that a practical solution consistent with the public
interest has been achieved.
2. That the SDD is not consistent with the adopted goa/s, objectives and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town; and
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11-5-19
3. That the SDD is not compatible with and suitable to adjacent uses and
appropriate forthe surrounding areas; and
4. That the SDD does not promote the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality. "
X. ATTACHMENTS
A. Actual allowed floor area comparisons (i.e. not "GRFA")
B. Vicinity Map
C. Applicant's revised request dated April 13, 2009
D. Public Comment letter dated April 9, 2009
20
11-5-20
Attachment A
1969 ALLOWED ACTUAL FLOOR AREA RATIO (NOT GRFA)
Lot # Lot Size (sq.ft.) Allowed Floor Area (1.5) Allowed Floor Area Ratio
(sq.ft.)
7 2,744 4,116 1.50
8 2,614 3,921 1.50
9 2,396 3,594 1.50
10 2,265 3,398 1.50
11 2,309 3,464 1.50
12 2,919 4,379 1.50
13 5,750 8,625 1.50
PRE-2004 ALLOWED ACTUAL FLOOR AREA RATIO (NOT GRFA)
Lot Lot Size GRFA (0.60) "250" Interior Allowed Floor Allowed Floor
# (sq.ft.) (sq.ft.) Additions Conversions Area (sq.ft.) Area Ratio
(sq.ft.) (sq.ft.)
7 2,744 1,646 500 unknown 2,146+ 0.78
8 2,614 1,568 500 unknown 2,068+ 0.80
9 2,396 1,438 250 unknown 1,688+ 0.70
10 2,265 1,359 500 unknown 1,859+ 0.71
11 21309 1,385 500 unknown 1,885+ 0.81
12 2,919 1,751 500 unknown 2,251+ 0.77
13 5,750 3,450 500 unknown 3,950+ 0.69
CURRENT ALLOWED ACTUAL FLOOR AREA RATIO (NOT GRFA)
Lot Lot Allowed Existing "250" Interior 2004 Allowed Allowed
# Size GRFA Non- Additions Conversions Basement Floor Area Floor Area
(sq.ft.) (0.76) conforming (sq.ft.) (sq.ft.) Deduction (sq.ft.) Ratio
(sq.ft.) Additional (sq.ft.)
GRFA
s .ft.
7 2,744 2,085 167 500 unknown 1,509 4,261+ 1.55
8 2,614 1,987 726 500 unknown 1,438 4,651+ 1.80
9 2,396 1,821 0 250 unknown 1,318 3,389+ 1.41
10 2,265 1,721 756 500 unknown 1,246 4,223+ 1.86
11 2,309 1,755 810 500 unknown 1,270 4,335+ 1.88
12 2,919 2,218 348 500 unknown 1,605 4,671+ 1.50
13 5,750 4,370 0 500 unknown 3,163 8,033+ 1.40
21
11-5-21
PROPOSED ACTUAL FLOOR AREA RATIO (NOT GRFA)
Lot Lot Size Proposed Basement Actual Proposed Change from Change from
# (sq.ft.) Floor Deduction proposed FloorArea Current Floor Current Floor
Area (1.5) (sq.ft.) floor area Ratio Area (sq.ft.) Area Ratio
(sq.ft.)
7 2,744 4,116 1,509 5,625 2.05 1,364 32%
8 2,614 3,921 1,438 5,359 2.05 708 22%
9 2,396 3,594 1,318 4,912 2.05 1,523 45%
10 2,265 3,398 1,246 4,544 2.01 321 8%
11 2,309 3,464 1,270 4,734 2.05 399 9%
12 2,919 4,379 1,605 5,984 2.05 1,313 28%
13 5,750 8,625 w/ 3,163 9,933 1.73 1,900 24 %
without cap of
land 6,770
dedication
13 4,835 6,675 2,659 9,334 1.93 1,301 16%
with land w/cap of
dedication 6,770
22
11-5-22
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23
11-5-23
Attachment C
Va i I Row Houses
Special Development District
Planning and Environmental Commission
final Recommendation
April 13, 2009
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I. INTRODUCTION AND BACKGROUND
The infenl of this Special Developmenl Disfrict (SDD) applicafion is fo correct a long sfanding problemafic
applicafion of High Density Mulfiple Family Zoning fo a fown house projecf, known as the Vail Row Houses,
wifhin the Vail Village. The proposal will essenfially creafe new "Town House Zoning" for the property wifhin
the vehicle of a Special Development District. -
Lols 7 through 13 of the Vail Row Houses were originally
platted as town house parcels in 1962 and the existing
row houses were developed on the property in 1963. This
was done under Eagle County jurisdidion before Ihere was
zoning in Eagle County and before the Town was
incorporafed in 1966. Zoning was nof adopfed in the Town of Vail until 1969 (Ordinance No. 7, Series of
1969). Since 1969 the property has been zoned High ~ ~
Density Mulfiple Family (HDMF). Under the original zoning
ordinance, Ihe development on lots 7 through 13 was substantiall more in com liance with the zonin
Y P 9
requiremenfs fhan if is foclay uncler currenf zoning
requiremenfs. Under the 1969 zoning code, there was only a front setback requirement and no side setback
requirements, fhere was no building height limifation and the GRFA limifation (then termed Floor Area Ratio -
FAR) was 1.5 to 1, meaning Ihat 150 sq. ft. of GRFA was allowed for each 100 sq. ft. of total land area
instead of the 0.76 to 1 ratio that exists ioday. (The 1969 HDMF Zone District and the plat are attached).
Now, 46 years later, the zoning on the property is more restrictive and does not appropriately recognize
traditional town house development, which is described as a series of attached homes with zero lot lines
between the units. Unlike a condominium development, town houses traditionally sit on fee simple parcels of
land, as is the case with Vail Row Houses. The lots were platted unconventionally, and are legally defined
as Lots 7 Ihough 13, a Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village First Filing.
Under the current HDMF zoning, the individual lots are not in compliance with the following provisions:
Standard Allowed Existin
Lof Size Min of 10,000 sq. ft. Range from 2,300 sq. ft. fo 5,750 sq.
R.
Fronta e Min of 30 N. Ran e from 20 R. to 45 N.
Densily (Dwelling Unit Per Acre) Range from 1.3 fo 3.3 du per lot Range from 1 to 2 du per lot
(de endin on lol size)
GRFA (ratio .76 Ran e from .7 to 1.1 1
Side setbacks Min of 20 N. 0 N.
Landsca e Area 30% of sile area Ran es from 7% fo 53°6
Parking - number of parking 1.4 per unif Ranges from 1 to 2 per unif
s aces
Parking - requiremenl for enclosed 75% of required parking spaces must No enclosed parking
arkin be enclosed
Parking - location of parking Parking must be within properiy Parking located within the front setback,
spaces boundaries and not within the front with porfions located within the right-of-
setback wa
Voil Row Houses SDD ~
The nonconformifies on Ihe properfies require the owners to seek variances wifh any application for
redevelopment lo the property which makes the approval process cumbersome and wasteful. Numerous
variances have been granted over the years bul with each new application additional variances are always
required. Under this proposal, the overall redevelopmenf framework will be established by the Town of Vail
Planning and Environmenial Commission and Town Council, so thai in the future, owners can simply seek DRB
approval for redevelopment of fhese older unifs. This has the effect of crealing de{ined expectahions for
redevelopment, both from the Town's perspective and from the owners' perspective.
This applicafion was reviewed by the Planning and Environmenfal Commission on March 9, 2009. Based
on the comments of the Commissioners and the public, the following changes have been made to this
applicafion:
1. 7he GRFA proposed for Lot 13 has been substantially reduced. Rafher than using a ratio for Lof
13, a cap of 6,770 sq. ff. of GRFA has been proposed for Lof 13, a reduction of 1,855 sq. ff.
This is an increase of 39% over the allowable GRFA today (versus a 77% increase over allowable
GRFA).
2. Lot 13 will donate a 10 ft. strip of Iand, totally approximately 915 sq. ft. along the weshem
property line, and limit construction to 2 ft. from this new properiy line. As a result, this allows for
construction no closer than 12 ft. from the existing property line. The land dedication allows the
Town lo increase the size of the park and gain land adjacent to the stream tract. Based on the
recent sale of Lot 10, Ihis value of this 915 sq. ft. of land is worth approximately $2 million.
Development potential for Lot 13 (other than GRFA, which is further restricted) will be based on
the new lot size (ie. site coverage and landscape area). The resulting relationship to the park is
similar to that of the Vorlaufer on the east side of the park and many other town home properties
in the Village area.
3. The original proposal included a public benefit of providing pavers and heat tubing for portions
of Gore Creek Drive. The Planning and Environmental Commission requested direction from the
Town Engineer regarding this as a public benefit. Tom Kassmel, Town Engineer, indicated that
the Town does not see the benefit of pavers for Gore Creek Drive (higher maintenance) and does
not believe fhat heating if is necessary. As a result, no improvements to Gore Creek Drive are
proposed at this time.
4. To provide additional public benefit lo off-set the increase in development potential, the Vail Row
Houses will increase the inclusionary zoning requirement for employee housing from 10% fo 15%.
The proposed benefits of the SDD are as follows:
• Height limit reduced to 45' on south elevation of the buildings;
• Site coverage above grade reduced to 50%;
• Design requiremenf that with any application for redevelopment, all parking surfaces to be converted
to concrete unit pavers or other material as approved by the Design Review Board;
• All parking to be heated with a snowmelt heat system;
• Land dedication of 915 sq. ft. to increase the size of the park and the stream. tract.
• Increase in employee housing requirement from 10% to 159'a
Vail Row Houses SDD 2
II. INTENT OF APPLICATION
The intent of Ihis SDD application is lo allow Ihese town houses to exist in the format Ihat they have for the
past 46 years and allow them lo be appropriately redeveloped in Ihe fulure. The eslablishment of an SDD
allows the following:
1. Quantifying and identifying how the Vail Row Houses, Lots 7 through 13, do not meet the
requirements of the HDMF zone district and the Vail Town Code as a whole.
2. Establishing modified development regulations and requirements that eliminate the nonconforming
status of the existing dwelling units. These modified development regulations and requiremenls
then provide the framework for redevelopment of the property within acceptable parameters.
3. Simplifying the process for property owners to redevelop their property by eliminating the need for
individual review of variances for each lot. Redevelopment would occur under the limitations
established by the Planning and Environmenlal Commission and the Town Council, allowing the
Design Review Board and Town Staff to review proposals for compliance with the SDD and other
applicable regulations.
In addition to the correction being sought to remedy the existing non-conformities, the owners are also seeking
to modify the GRFA ratio so that there is an inducement to redevelopment, especially wholesale
redevelopment of a dwelling. There are good reasons fo allow an increase in the GRFA rafio on fhis properfy
including but not limited to:
1. Encouraging invesfinenf and redevelopmenf of sfructures originally developed 46 years ago;
2. Bringing development standards on this site into check with changes made elsewhere in the Town.
Lionshead zoning allows for a GRFA ratio of 2.5, Public Accommodation was amended to allow a
ratio of 1.5, and the original HDMF zoning on fhis properfy allowed a rafio of 1.5;
3. Increasing the ratio does not mean allowing more building height or site coverage beyond zoning
(48') but instead allowing owners to take advantage of filling the envelope they are currently
perm i tted .
Below is an analysis of the increased development potential of the Vail Row Houses, comparing the
allowable GRFA under the existing zoning requirements to the proposed allowable GRFA:
Voil Row Houses SDD 3
Allowable
Allowable GRFA with Proposed Net Change % Increase
Existing GRFA 2505 Allowable GRFA ~(from proposed to over
GRFA allowable wiih
Lot# (.76) (based on TOV (1.5) 250s) Allowable
anal is)
7 2,252 2,085 2,752 4,116 1,364 50%
8 2,713 1,986 3,213 3,421 708 22%
9 1,667 1,820 2,120 3,594 1,474 70%
10 2,477 1,721 2,977 3,398 421 14%
11 2,565 1,754 3,065 3,464 399 13%
12 2,566 2,218 3,066 4,379 1,313 43%
13 3,926 4,370 4,870 6,770 1,900 39%
TOTALS 18,166 15,957 22,063 29,641 7,578 34%
In response fo the Planning and Environmental Commission's commenfs from the previous review, Ihe GRFA
potential of Lot 13 has been reduced to 6,770 sq. ft., a reduction of 1,$55 sq. ft. from the 8,625 sq. ft. of
the previous proposal. This has reduced Ihe overall polential GRFA increase to 34%, or a total site increase
of only 7,578 sq. ft. It should be noted that under fhe current GRFA policy, if any unit were to demolish and
rebuild, which given the age of these units would be more appropriate, they would lose the ability to add
250s. This is another reason that if is appropriafe fo set a new sfandard regulating GRFA.
In addition to allowing the correction of these limiting nonconformities and creating an inducement lo
redevelopmenl, the owners are proposing to limit the overall bulk and mass of the project by agreeing to fhe
following limitafions:
• Reduced maximum building height at the froni (south) elevation of the project to 45';
• Reduced site coverage above grade to 50% (currently allowed at 55%);
Voil Row Houses SDD 4
III. PUBLIC BENEFIT
We believe thal what is being proposed is in and of itself a public benefit in lerms of fair treatmenl, ease o{
process, and local re-investmenl. However, the owners also recognize that the Town of Vail may feel ihat
additional public benefit is needed wiih this project and have proposed the following:
• Height limit reduced to 45' on soufh elevation of the buildings;
• Site coverage above grade reduced to 50%;
• Design requirement that with any applicaiion far redevelopment, all parking surfaces to be converfed
fo concrefe unif pavers or olher material as appraved by the Design Review Board;
• All parking to be heated with a snowmelt heat system;
• Land dedication of 915 sq. ft. fo increase the size of the park and the stream tract.
• Increasing fhe employee housing requirement from 10°,6 to 15% of net new GRFA.
Each owner will be responsible for providing either o(f-site employee housing or payment in-lieu of providing
housing. The employee housing requirement will be fulfilled prior to the issuance of a lemporary certificate of
occupancy for the individual addition or remodel (as is required by 12-24-10).
Lot # EHU Fee impact afi Sq. Ft. Impad at 10% EHU Fee impact at Sq. Ft. Impact at
10% 15% 15%
7 $ 74,308.36 186 $111,462.54 280
8 $ 48,156.92 121 $ 72,235.38 181
9 $ 76,819.86 193 $1 15,229.78 289
10 $ 36,695.73 92 $ 55,043.60 138
11 $ 35,818.70 90 $ 53,728.05 135
12 $ 72,255.31 181 $108,382.97 272
13 $ 113,376.06 284 $170,064.09 427
Total $ 457,430.94 1,147 $686,146.41 1,721
The Town Code, Section 12-9A-9, states thaf deviations from the underlying zone district require the following
deferminafion:
. That such deviation provides benefits to the town that oulweigh the adverse effects of such deviation. "
Public benefits are not intended to mitigate for private benefit received, but rather to mitigate the effects of the
deviations being sought. Most of the deviations being sought are really correcting deficiencies with the
zoning and have no relationship to the use already constructed. We believe that the proposed public
benefits far outweigh the effects of the deviations requested.
Voil Row Nouses SDD 5
IV. VRH COMPARISON TO SDD #40: THE WILLOWS
Generally, when dealing with Special Development Districfs, Ihe tendency is to Ihink of large projects, like
Solaris or the Four Seasons. However, Ihere are aclually a large number of much smaller Special
Developmenf Disfricfs fhaf are similar fo ihe SDD proposed for fhe Vail Row Houses. fhe mosf recenf new
SDD shares a greaf deal of similarity wifh fhe Vail Row Houses. The Willows SDD was approved by
Ordinance 30, Series of 2006.
The Willows was an existing structure, constructed in 1971 and consisted of 28 small units. The site was
zoned HDMF and Ihe sfructure was non-conforming with regards to: setbacks, density, GRFA, site coverage,
and landscape area. The primary difference between Ihe Willows and the Vail Row Houses is that the
Willows was constructed as a condominium building, whereas Ihe Vail Row Houses were constructed as
Townhomes, on individually platted, fee-simple lots. Though the entire structure was to be demolished,
making the entire site a clean slate for development, the Willows proposed a redevelopment scenario as a
Special Development District, maintaining fhe underlying zoning of HDMF. Ordinance 30, Series of 2006,
approved the Willows SDD with the following deviations: Front, Side, and Rear Setbacks, Density, GRFA,
and Site Coverage. The GRFA analysis for Ihe Willows is strikingly similar to Ihe GRFA analysis for the Vail
Row Houses. The Willows was permilted only 16,069 sq. ft. of GRFA (76% of the lot area) but were
approved at 32,240 sq. ft. of GRFA (152% of the lot area), more than doubling the amount of GRFA
allowed by HDMF. In supporfing this amount of GRFA, Town Staff stated fhe following:
Though the amount of GRFA exceeds whal is allowed, Slaff be/ieves thaf the proposed densify (7.5 FAR)
is re/alive/y compalib/e lo the densify /eve/s expecfed in fhe Uifian Design Guide P/an wifhin this area.
The same statement is frue at the Vail Row Houses. Also similar to fhe Vail Row Houses, the SDD approval for
the Willows allowed for deviations from setbacks. The HDMF requires 20 ft. setbacks from all properfy lines.
The Willows was approved with above-grade improvements with a front setback of 1 1 ft., a side setback of
7.5 ft., and a rear setback of 6.2 ft. The following statement was provided by the Town Staff as support for
the deviations from the setback requirements:
Regarding compatibilily, the proposed building is similar to its surroundings padially because it
indudes some encroachment into the setbacks, similar to that of each of its neighbors, and less of a
buf{er zone than the underlying zone district requires. Many of the surrounding buildings are located
within mere feet of the properly lines. However, the neighborhood has been able to maintain its
intimate residential feel as a resuli. Buffer zones have instead been provided through mature
landscaping and variation of the building facades.
Staf{believes that the proposed project is compatible with and sensitive to the immediate environment
and neighborhood relative to design, scale, bulk, building height, buffer zones, identily, character,
visual integrily and orientation because of the similarily of the design and placement of the building
on its site to the design and placement of surrounding buildings on their siies.
The public benefits associated with the project included $70,000 for public art, streetscape improvements to
Willow Road including a paver sidewalk, 1 1 beds of employee housing, and a reduction in the number of
dwelling units, which some may argue was not a benefit at all, and it should be noted that the number of
dwelling units still exceeds that allowed by the underlying zoning.
'Jail Row Houses SDD 6
V. CRITERIA FOR REVIEW OF A SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT
The following design crileria shall be used as the principal criteria in evaluating the merits of the proposed
special development dislrict. It shall be the burden of Ihe applicanl to demonshate that submittal material and
the proposed developmenl plan comply with each of the following standards, or demonsfrofe fhat one or
more of them is not applicable, or that a practical solution consistent with the public interesf has been
achieved:
1. CompafibiliJy.- Design compatibilrly and sensitivily fo the rmmediafe environmenf, neighborhood and
adjaceni pl-operfies relaiive io archiledura/ design, sca/e, bulk, bui/drng height, buffer zones, iden/ify,
characier, visual infegfily and ofienfafion.
Applicanf Response: The architectural design of the Vail Row Houses is governed by the Design
Guidelines prescribed in Chapier 11, Design Review, of the Vail Town Code and by the
recommendations Vail Village Masfer Plan. Due to the uniqueness of the way the Vail Row Houses have
evolved overtime, each unit will come in individually lo have the design reviewed by the Town of Vail
Staff and Design Review Boards, based on the parameters prescribed by the proposed SDD.
The scale, bulk, and building height of the Vail Row Houses are prescribed by the standards of the SDD.
The main intent of redevelopment of the Vail Row Houses is to maintain the unique character of each
hame, while also maintaining common themes. Building height is the first fool used to limit the scale and
bulk of the Vail Row Houses. HDMF zoning allows for a maximum building heighf of 48 ft. The SDD will
limit the building height fo 45 ft. along the front fa~ade (along Gore Creek Drive). This limifafion is more
restridive fhan the existing zoning, and will allow the Vail Row Houses to preserve its 2- to 3- story fa(;ade
along Gore Creek Drive. The Vail Village Master Plan recommends building heights of 3 fo 4 stories in
this area, and therefore the proposed height is consistent with the Master Plan.
Following building height, site coverage also controls scale and bulk of a structure. The sife coverage
allowed by HDMF is 55%. The proposed site coverage for the Vail Row Houses is limited to 55% below-
grade, but furfher restricted to 50% above-grade. This creates a smaller building footprinf and reduces
the scale and bulk beyond the requirements of the existing zoning.
Buffer zones are the areas between adjacent structures and uses. Typically, setbacks mandate buffer
zones. In the case of the Vail Row Houses, these setbacks have historically been interpreted os requiring
20 ft. from all properfy lines, rendering development on the site impossible without variances. The
proposed SDD eliminates the requirement for the interior setbacks, and instead prescribes setbacks along
the front, rear, and east sides only. The setbacks prescribed by HDMF for the front, rear, and stream
setback wili be maintained. The only deviation from whaf exists today requested is for the easternmost
property line of lot 13. Originally, the SDD proposal was to mainhain a 10 ft. setback from this properfy
line. However, ihere was concem abauf the impacts to the adjacent park. To alleviate those concems,
the proposal has been revised to maintain a 12 ff. separahion from the exisfing properfy line, and fo
maintain the infegrity of the park, the applicanf is willing to donate their private property to Ihe public.
Approximafely 915 sq. ft. of laf 13 will be donated fo Roger Sfaub Park, enlarging the park by 10 ft. to
the west. lot 13 will then maintain a 2 ft. setback from the new property line. There is then
approximately 110 R. to the Vorlaufer, which sits on the other side of Roger Staub Park. The Vorloufer
Voil Row Houses SDD 7
has no setbacks and sits on the property line it shares with the park. Therefore, Ihe Vail Row Houses is
consistent wilh the other slructures in Ihe neighborhood.
Identiiy, character, visual integrity and orientation will be maintained for the Vail Row Houses based on
the existing development. Because each lot is relatively small and narrow, redevelopment of each lot is
limited by the development surrounding it and the restrictions placed on it by the proposed SDD.
The applicant believes that the proposed proiect is compatible with and sensitive to the immediafe
environmeni and neighborhood relative to design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orienfation because of the similarity o( the design and placement of the
building on its site to the design and placement of surrounding buildings on their sites.
2. Relalionship: Uses, activiJy and densiiy which provide a compalible, eycienf and workable relalionship
wilh surrounding uses and activify.
Applicant Response: The uses proposed are the same as the existing - residential dwelling units. No
changes to the uses and activity are proposed. Density (dwelling units per acre) shall not be increased,
but may be decreased without an amendment to the SDD. GRFA, another method of the Town to
measure density, is proposed to increase from an allowable ratio of .76 to 1.5. However, this increase
in GRFA is tempered with addifional restrictions on site coverage and height, and is consisteni with similar
projecfs in the area (generally, all HDMF-zoned projects in fhe area exceed the allowable GRFA). The
Town has also recently increased allowable GRFA for surrounding projects zoned PA, which has an
allowable GRFA ratio of 1.5. Addifionally, the original zoning applied to the property in 1969 allowed
a GRFA ration of 1.5, so the proposed GRFA is consistent with the original ratio of the property before
those rights were taken from the property. Furfhermore, the challenges related to development wifhin this
area are evident by the number of Special Development Dislricts around the Vail Row Houses, including
the following (and their deviations):
#35 - Austria Haus - density, setbacks, sife coverage, commercial area, common area.
#32 - Cornice Building - single Family residence in HDMF, setbacks, parking in front setback
#19 - Garden of the Gods - sefbacks, GRFA
#37 - Tivoli Lodge - height, loading and delivery in front setback, landscape area
#28 - Chrisfiania - density, GRFA, common area, setbacks, parking
Special Development Districts wifh an underlying zoning of HDMF are also common in the general area,
including:
#38 - Manor Vail - building height, dwelling units, GRFA
#02 - Norfhwoods - density
#40 - the Willows - seibacks, GRFA, sife coverage, densily
#15 - Bishop Park - building height, setbacks, GRFA
The unique developments thaf occurred in the early stages of Vail's growth lead to many challenges in
redevelopment that can only be solved through Special Develapment Districts, which were created to deal
wilh Ihese types of challenges which could not be solved through the traditional zoning regulations.
.
Voil Row Houses SDD 8
3. Pai-king and [oading: Compliance wiih pal-king and loading requiremenis as ouflined in chap{el- 10 of
ihis iitle.
Applicant Response: The intention of the proposed SDD is lo maintain the number of parking spaces that
exist currently for each unit. Therefore, the parking requirement for this site is a no net loss of parking
spaces. The one exception is for Lot 13, which currently exceeds its parking requirement. Should one of
the dwelling unifs be eliminafed on Lof 13, they would be allowed to reduce their total number of parking
spaces to 2 spaces, which complies with Town Code.
4. Comprehensiue Plan: Conformily wilh applicable e%ments of the l/ail comprehensive plan, town policies
and urban design plons.
Applicant Response: The goals contained in several of Ihe Town's comprehensive, guiding documents
are applicable during Ihe review process for the establishment of a Special Development District. The
applicable plan sections below are identified as relevant to the review of this proposal.
(/ai/land Use P/an (In pod)
1.0 General Gfowih/Deve%pment
7.7 l/ailshould conlinue to grow in a control%d environmeni, maintaining a balance belween
resideniial, commercial and recreational uses to serve boih fhe visiior and the permanent resident.
7.3 The qualily of deve%pment shoulo(be maintained and upgraded whenever possible.
1. 12 l/ailshoulc(accommodate most ofthe adoitionalgrowih in existing deve%ped areas ~infill
areasJ.
4.0 V llage Core / Lionshead
4. 2 /ncreased densily in Ihe Core areas rs accepiable so long as fhe exisfing character of each
area is preserved lhorough rmp/emeniafion of ihe Urban Desrgn Guide P/an.
4.3 The ambiance of l/ai/ V//age is imporlanl to the iden/ily of t/ai/ and should be presenved.
(scale, alpine charader, smalliown feeling, mouniains, naturalsetling, in>ima>e size, cosmopolitan
feeling, en vi-onmenial qualily. )
5.0 Resideniial
5. 1 AddIfional residentialgrowfh shoulo(continue io occuf primarily in existing, platled areas and
as appropriafe in new areas where high hazards do nol exist.
5.3 Affordable employee housing shoulo(be made available through private efforts, assisted by
limifed incentives, provided by the Town of l/ail with appropriate restfictions.
Vail Row Houses SDD 9
5.4 Residentialgrowth shoulol keep pace with Ihe marketplace demands for a fullrange of
housing Jypes.
55 The exisling employee housing base shoulolbe preserved and upgraded. Adolifional
employee housing needs should be accommodated at varied sites throughout Ihe communify.
Vail Village Master Plan (in pad)
The l/ail Ro w Houses !s located within Ihe "l/ail V llage MasJer Plan " land use caJegory. The
fol%wing slafed goals of 1he Vail V llage Masler Plan are applicable fo 1hls applicafion:
Goal#I: Encourage high qualify redeve%pmenl while preserving Ihe unique archifecluralscale of
Ihe Vllage in order Jo susJain iJs sense of communiJy and idenJiJy.
Objeclive 7.2: Encourage Ihe upgrading and redeve%pmenl of residenlial and commercial facilifies.
Objeclive 7.3.- Enhance new deve%pmenl and redeve%pmenllhrough public improuemenls done by
private deue%pers working in cooperation with Ihe Town.
Policy 7.3 I: Public improvemenls shall be deve%ped wilh Ihe working padicipaJion of Jhe privaJe
sector working with Ihe Town.
Goal #3.- To recognize as a fop priorify 1he enhancemenl of 1he walking experience lhroughoullhe
V llage.
EAST GORE CREEKSUB AREA (#6)
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w' k ~ . ~/'Ql~ 1~ j~ t4 ~ \.Y
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mi IIILLAGE" 7 -8 ~ 5
EAST GOAE . - ~
CREEK - :
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':4 number of Ihe earliesl projecls deve%ped in l/ail are locafed in Ihe Eas1 Gore Creek Sub.4rea.
Deve%pmenl in lhis area is exclusively mulJlfamily condominium projecJs wiJh a uery limiJed amounJ of
suppod commercial. Sur{ace parking is found a1 each sife, which creafes a very dominanl visual
impression of Jhe sub-area.
Vail Row Houses SDD 10
While the level of deve%pmeni in Easi Gore Creek is generally greater ihan ihai ol%wed under
existing zoning, 61s afea has the pofenfia/ to absoifi densi/y wilhout compromising the character of
the Village. This deve%pment could be accommodated by partial infill of existing porking areas
balanced by gfeenspace addifions or through increasing the heighf of exrsting burldings (generolly
one story over existing heighJs1 /n order to mairztain the crrchrtecturai contrnurly of projech, adc~ifional
densify shou/d be consideied on/y in con junctron ►vith the comprehensive redeve%pment of projecls.
C/eady, one of fhe marn objeclives to consider rn ihe redevelopmenf of ony proper/y shou/d be to
improve exisfing poiking facilifres. Thls indudes sattsfying parkmg demands for exisling and addllionol
deve%pmenl, as we// as design considera/ions relalive io redeve%pmen/ proposa/s. The oppottunify
!o inlioduce be%w grade sfrucfured parking will greatly improve pedeslrianizafion and landscape
fealures in lhis area. This shoulol be considered a goal of any redeve%pmenl proposal in lhis sub-
area. Deve%pmenf or redeve%pmeni of ihis sub-area will alfiacf ado~iiional traffic and populalion info
fhis area and may have signifi'canf impacis upon podions of Sub Areas 7 and 10. "
(This statemenl is largely directed at the Texas Townhomes and Vail Trails, which have large areas of
surface parking).
5. Nafural And/Or Geo%gic Hazard., ldeniificaiion and miiigaiion of naiural and/or geo%gic hazards fhai
affecl the pfoperty on which ihe special deve%pmeni disiiid ls proposed.
Applicanf Response: According fo the Official Town of Vail Geologic Hazard Maps, the Vail Row
Houses are not located in any geologically sensilive areas.
6. Design Feaiures: Site plan, builo~ing design and locaiion and open space provisions designed fo pioduce
a funclional deve%pmenf responsive and sensiiive to naiural feaiures, vegeiaiion and overall aesiheiic
quality of !he community.
The design of the Vail Row Houses is governed by the Design Guidelines prescribed in Chapter 1 1,
Design Review, of the Vail Town Code and by the recommendations Vail Village Masfer Plan. Due to the
uniqueness of the way the Vail Row Houses have evolved overfime, each unif will come in individually fo
have the design reviewed by the Town of Vail Staff and Design Review Boards, based on the parameters
prescribed by the proposed SDD. As proposed, the SDD for the Vail Row Houses meels Ihis criteria.
7 TlaNic: A circu/a/ion syslem designed fol- both vehicles and pedestrians adoliessing on and off si/e /raffl"c
circula/ion.
Applicant Response: There will be no change lo the existing circulation system.
8. Landscaping: Funcfional and aesfheiic landscaping and open space in order fo opfimize and preserve
nalural feolures, recreafion, views and funciion.
Applicant Response: The majority of lofs of the Vail Row Houses do nof currenfly comply wifh the
minimum landscape area requiremenfs of the HDMF zone districf. The proposed SDD would require a
minimum of 20% of the sife be landscape (HDMF currenfly requires 30%). However, the 2 lofs which are
most deficient in landscaping currently will be required fo have "no net loss of landscape area" which is a
similar requiremenf to the properfies within the commercial core and consislenl wilh an urban village
'Jail Row Houses SDD 11
character. To miligate for the lack of landscape area, as each lof is redeveloped, the proposed SDD
mandates Ihal Ihe parking area by converted to heated pavers. In addition, the properfy is surrounded by
an open space Irad which includes the siream trad and Roger Staub Park.
9 Workab/e P/an: Phasing plan or subdmsion p/on /haf wil/ mamtain a woikab/e, fundlona/ and efficieni
relaJionshrp lhroughoul lhe deve%pmenl of Ihe special deve%pmenl distric%
Applicant Response: The phasing of redevelopment of individual lots is one of the primary reasons for Ihis
proposed Special Development District. Some of fhe units have already been redeveloped, and therefore
a comprehensive redevelopment of the site is highly unlikely. Also, due to the nature of the Vail Row
Houses (each lot is owned fee-simple, as if it were a single family lot) the intention would be to allow
each row house to have a unique characfer fo make them look as if fhey developed over time (as they
have.) This "phasing" of development allows each owner to clearly understand the parameters of
redevelopment, in addition to having a clear understanding of what the neighbors are able lo do, unlike
the current method of individual variances for each lot.
'Joil Row Houses SDD 12
VI. VRH SDD ZONING STANDARDS
The proposal is fo create a new Special Developmenl Districi for the Vail Row Houses to treat the praperfy as
a town house development. The underlying zoning would remain HDMF. The permitted, condilional, and
accessory uses as defined by the HDMF zone district would not be modified. The following outl;nes the
current developmenfs regulafions of HDMF and notes which regulations will be deviated from (the deviations
and/or modifications are indicated in bo%landifalicj:
ARTICLE H. HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT (The deve%pmenl slandards as outlined
be%w apply to the individual lofs (Lofs 71hrough 13)of the I/ail Row Houses, as modified for this SDOJ
12-6H-5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area sholl be ten thousand (10,000) square feet of buildable area, and each site
shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing
a square area eighfy feet (80') on each side within its boundaries.
The minimum iot size shall be as tfie /oh exist loday, hoavever a//owing for minor changes to lot lines to
correct any encroachmenls.
12-6H-6: SETBACKS:
The minimum front setback shall be twenty feet (20'), the minimum side selback shall be Iwenty feet (20'), and
the minimum rear setback shall be twenty feet (20').
The minimum front and rear sel6ack shall be 20 h The minimum side selback shall be 0, except for Lot 13
h, which shallmaintain a minimum sefback of 2 ft. from the eastem propedy line (bosed on the new propeify
line fol%wing the 10 H. land donation). The 50 h steam sefback from Gore Creek shall be maintained
unless a variance is granted in accordonce wilh Chapter 17, Vail Town Code.
Puisuant !o Secfion 14-10-4, Porches, steps, decks or terraces or similar feofures localed at ground level or
within 5 ft. of ground /evel may project not more than 10 h. nor more lfian one-holf 6e minimum required
dimension inlo a required setback area. Balconies, deeks, terTaces, and olfier similor unroofed feafures
projecting from a stniclure a/ a heighi of more than 5{t. above ground level may projecf not more Ihan 5 ft.
nor more lhan one-fialf Ihe minimum requifed dimension into a iequired sel6ack areo. All existing decks and
patios may remain as exisling.
12-6H-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof,
the height of buildings shall not exceed forty eight feet (48').
For a sloping roof, Ihe height of buildings shall not exceed 48 f~ However, additional height restrictions
apply to Ihe front (southem fa~7ode) ro maintain Ihe appearance of a 2-3 story buildng along Gore Creek
Drive. The eave height is limited io 45 f/. fo Ihe initial eave of Ihe front fapode along Gore Creek Orive.
Eove height is defined os Ihe disiance fiom finished grade to Ihe ini/ial primory eove of Ihe slructure.
'Jail Row Houses SDD 13
12-6H-8: DENSITY CONTROL:
Not more Ihan seventy six (76) square feel of gross residenlial floor area (GRFA) shall be permifted for each
one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling
units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a
dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a mulfiple-family building
may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the
dwelling.
No more lhan 750 sq. H. of GRFA shall be permMed for each 7 00 sq. H. of total site area of each lot. Due
to the increase in ol%wable GRFA, lfie (/ail Row Houses is nof eligible for fhe 'Adclifional 250' as described
in 12-15-5- ADD/T/ON.4L GROSS RES/DENTl.4l FLOOR AREA (250 ORD/N.4NCE). lot 13 is funfier
resiricted to a fofal of 6,770 sq. It o/ GRFA.
GRfA and Densify for each /ol sha/J nof exceed 1he fol/owing..
lot # GRfA Densi
[or 7 41116 2 du
lor 8 3,921 2 du
Lor 9 3,594 1 du
Lor 10 3,397 2 du
lot 11 3,463 2 du
[or 12 4,378 2 du
lor 13 6,770 2 du
ln any case, tfie total number of units for Lots 7 ihrough 73 shall not exceed 13 dwelling unih. However, if
any of the unifs are consolidated info fewer unils on ihe sife, no amendmenl lo lhis SDD shall be required.
12-6H-9: SITE COVERAGE:
Site coverage shall not exceed fifty five percent (55%) of the total site area.
Site coverage shall not exceed 55% of the total site area of each lof, wilh lhe addilional reslricfion ihat
above-grode site coverage shall nof exceed 50% of ihe total site area of each lot.
12-6H-10: LANDSCAPING AND SITE DEVELOPMENT:
At leasi thiriy percent (30%) of the tolal site area shall be landscaped. 7he minimum width and length of any
area quali(ying as landscaping shall be fiNeen feet (1 S') with a minimum area not less lhan three hundred
(300) square feet.
AJ /eas/ 20% of ihe tofa/ site area of each l01 sha/I be /andscaped, except for [oh 11 and 72. 1ols 11 and
12 shall have no nei loss of landscope area. The fol%wing is lhe exisling /andscape area of each lot,
'Jail Row Houses SDD 14
Londscape Landscape
Lof # S. fi. Peicenta e
[0l 7 857 32%
lot 8 796 30%
1019 658 2$%
lot 10 624 27%
Lol 7 7 428 12%
Lot 12 160 79'0
Lot 13 2,119 44%
Because of the minimal opporfunify for landscaping, when redeve%pment of a lot occuis, the panFing surface
of the lot shall be convefted to concrete unit pavers or ofher material (os approved by the Design Review
BoardJ and a snowmehsyslem shallbe installed.
12-6H-1 1: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance wiih chapter 10 of Ihis title. At least seventy
five percent (75%) of the required parking shall be located within the main building or buildings and hidden
from public view or shall be completely hidden from public view from adjoining properiies within a
landscaped berm. No parking shall be located in any required front setback area.
PanFing requiremenls shall be based on the cuirenf number of panFing spaces and dwelling unifs.
Lo17 2 du 2 nFin s ces
Lot 8 2 du 2 rkin s ces
1019 1 du 2nFin s ces
10170 2 du 2 anFin s ces
l01 I 1 2 du 2 anFin s ces
Lot 12 2 du 2 anFin s ces
Lot 13 2 du 4 panFing spaces
lf any dwel/ing unifs are eliminated, fhere shall be no fewer lhan 2 paiking spaces for each lot. Due to site
constrainh, there is no requrrement for endosed ol- screened panFing. The parking is permilted fo be localed
wifhin the front sef6ack, and palfially within the Town of !/ail right-of-way.
Expiration and Amendment.•
This SDD is established to set zoning standards for 1he fulure redeve%pment of individual dwelling unils wilhin
the SDD. Therefore, the SDD does not expire and will continue to provide the zoning standards into the
fufure. Nofhing herein prevenls an amendment to the SDD by any owner within the SDD. lf an amendment
only affec/s the applicants properly, no wriflen consent is required fiom ather ownel-s wiihin the SDD.
Voil Row Houses SDD 15
Attachment D
It
Connie Kniot, President
385 Gore Creek Drive, Suite 201 * Vail, CO 81657
Telephone 6r FAX: (970) 476-3615 4 e-mail: cknight@vail.net
1 . . _ . - . - . . . . . ` . . . _ _ . _ . . . _ _ . _ . _ . . r- r. . . - - . . . . .
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April 9, 2009
To: PEC
Re: Row Houses Special Development District
Dear Commissioners:
It seems there is very little benefit being offered to the town
to justify a Special Development District for the Row Houses.
Since all but one of the #7-14 townhomes already have
been remodeled, a variance as the others must have
obtained, could be granted for #10, the sole remaining
original unit.
The advantage to the homeowners would be excess square
footage pushing back toward Gore Creek. The view from the
Streamwalk looking to the back of these row houses is quite
attractive with their grassy lawns. Do we really need to infill
all the grass in Vail?
Certainly, taking away any open space from the park
immediately adaacent to #14, would be a huge loss.
Thank you for yowr conslderation,
.
~ .
Connie Knight , ,
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~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: Second reading of Ordinance No. 8, Series of 2009, An Ordinance making
supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital
Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment
Fund and Debt Service Fund of the 2009 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.
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second
reading of Ordinance No. 8, Series of 2009.
BACKGROUND: To be provided in a separate memo.
STAFF RECOMMENDATION: Staff recommends that the Town Council approves or
approves with amendments Ordinance No. 8, Series of 2009, upon second reading.
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: Resolution No. 11, Series 2009, A Resolution Designating Bank Accounts
for E-Commerce Transactions for the Town of Vail with Stan Zemler, Pam Brandmeyer, Judy
Camp and Jacque Lovato , as the Designated Signers on that Account. Permitted by the
Charter of the Town, Ordinances, and the Statutes of the State of Colorado; and Setting Forth
Details in Regard Thereto.
PRESENTER(S): Judy Camp / Ron Braden
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 11, Series of
2009.
BACKGROUND: Town wishes to subscribe to an eCourier transaction system that allows
electronic recordation of land records with the Eagle County Clerk and Recorder. The eCourier
company requires a bank account for automatic withdraws for the recording fee. The Town
anticipates the need for additional designated bank accounts to support e-commerce. The
Town has the power to designate banks or financial institutions for funds of the Town. The
Town wishes to designate opening an additional bank accounts with Firstbank of Vail with
Stan Zemler, Pam Brandmeyer, Judy Camp, and Jacque Lovato as signers on this account.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 11, Series of 2009.
ATTAC H M E NTS :
Resolution No. 11, Series of 2009
RESOLUTION NO. 11
Series of 2009
A RESOLUTION DESIGNATING BANK ACCOUNTS FOR E-COMMERCE
TRANSACTIONS FOR THE TOWN OF VAIL WITH STAN ZEMLER, PAM
BRANDMEYER, JUDY CAMP AND JACQUE LOVATO, AS THE DESIGNATED
SIGNERS ON THOSE ACCOUNTS, PERMITTED BY THE CHARTER OF THE TOWN,
ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, The Town has the power to designate banks or financial institutions
for funds of the Town; and
WHEREAS, the Town wishes to subscribe to an eCourier transaction system that
allows electronic recordation of land records with the Eagle County. The eCourier
company requires a bank account for automatic withdraws for the recording fee.
WHEREAS, the Town anticipates the need for additional designated bank
accounts to support e-commerce.
WHEREAS, the Town wishes to designate opening additional checking accounts
with Firstbank of Vail with Stan Zemler, Pam Brandmeyer, Judy Camp, and Jacque
Lovato as signers on these accounts.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1. Stan Zemler, Pam Brandmeyer, Judy Camp, and
Jacque Lovato, are herby designated as signers for the banking accounts for the funds
of the Town of Vail.
Section 2. This Resolution shall take effect immediately upon its
passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of May, 2009.
Richard D. Cleveland, Mayor, Town of Vail
Resolution No. 11, Series 2009
13 -i-i
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 11, Series 2009
13-1-2
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: Resolution No. 12, Series 2009, A Resolution Approving the Amendments to
the Vail Transportation Master Plan; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Bill Gibson / Tom Kassmel
ACTION REQUESTED OF COUNCIL: Approve the Amendments to the Vail Transportation
Master Plan.
BACKGROUND: The Planning and Environmental Commission held work sessions to
discuss the proposed master plan amendment on March 23 ands April 13, 2009. The Town is
proposing to consolidate and update the transportation master planning and design efforts into
a single master plan document. The proposed plan is based upon existing conditions, current
trends and anticipated growth. The proposed master plan is intended to be a guide for the
Town's transportation system for the next 20 years.
STAFF RECOMMENDATION: Approve the Amendments to the Vail Transportation Master
Plan.
ATTAC H M E NTS :
Resolution No. 12, Series of 2009
MEMORANDUM
TO: Vail Town Council
FROM: Public Works Department and Community Development Department
DATE: May 5, 2009
SUBJECT: Final review of Resolution No. 12, Series of 2009, a resolution adopting
amendments to the Vail Transportation Master Plan, and setting forth details in
regard thereto. (PEC090005)
Applicant: Town of Vail, represented by Tom Kassmel, Town Engineer
Planner: Bill Gibson
1. DESCRIPTION OF THE REQUEST
The applicant is requesting a final review of a resolution adopting amendments to the
Vail Transportation Master Plan, and setting forth details in regard thereto.
II. BACKGROUND
On April 27, 2009, the Town of Vail Planning and Environmental Commission voted 6-0-
0 to forward a recommendation of approval for the proposed amendments.
III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
The Planning and Environmental Commission forwards a recommendation of approval
to the Town Council for the adoption of amendments to the Vail Transportation Master
Plan, and setting forth details in regard thereto.
Should the Town Council choose to approve this request; the Planning and
Environmental Commission recommends the Town Council pass the following motion:
"The Town Council approves Resolution No. 12, Series of 2009, a resolution
adopting amendments to the Vail Transportation Master Plan, and setting forth
details in regard thereto. "
Should the Town Council choose to approve this request; the Planning and
Environmental Commission recommends the Town Council makes the following
findings:
"Based upon the review of the criteria outlined in Section IV of Staff's April 27,
2009, memorandum and the evidence and testimony presented, the Town
Council finds:
1. That the amendment is consistent with the applicable elements of the
adopted goa/s, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
Resolution No. 12, Series of 2009 1
14-1-1
2. That the amendment furthers the general and specific purposes of the
Transportation Master Plan; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality."
IV. ATTACHMENT
A. Resolution No.12, Series of 2009
Resolution No. 12, Series of 2009 2
14-1-2
RESOLUTION NO. 12
Series of 2009
A RESOLUTION AMENDING THE VAIL TRANSPORTATION MASTER PLAN; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, the Town of Vail and Colorado Department of Transportation are in the
process of updating the Vail Transportation Master Plan in response to the on-going and
projected increases in development activity, the results of past master planning processes, and
pending redevelopment plans; and
WHEREAS, the Town wishes to consolidate and update the transportation master
planning and design efforts that have been on-going for 20 years into a single master plan
document; and
WHEREAS, the proposed plan is based upon existing conditions, current trends and
anticipated future growth. The proposed master plan is intended to be a guide for the Town's
Transportation system for the next 20 years; and
WHEREAS, the Town Council finds and determines 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 Town Council finds and determines that the amendments further the
general and specific purposes of the Transportation Master Plan; and
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promotes the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the amendments of the Vail
Transportation Master Plan.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 5th day of May, 2009.
Resolution No. 12, Series of 2009 3
14-1-3
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 12, Series of 2009 4
14-1-4
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: Resolution No. 13, Series 2009, A Resolution Approving the Skier Drop-Off
Easement Agreement Between the Town of Vail, Colorado (the "Town") and the Vail
Corporation dba Vail Associates, Inc ("VAI"); and Setting Forth Details in Regard Thereto.
PRESENTER(S): Matt Mire / Greg Hall
ACTION REQUESTED OF COUNCIL: Approve the Skier Drop-Off Easement Agreement,
and authorize the Town Manager to sign and enter into the Agreement with VAI.
BACKGROUND: VAI is the owner of certain real property in Vail commonly known as the
"North Day Lot". The Town has given requisite development plan approvals for developing the
North Day Lot as a multi-family employee housing residential project together with other
related improvements. The approved development plans provide for the construction and
relocation of a nine (9) space skier drop-off area. The Town and VAI wish to enter into this
Skier Drop-Off Easement Agreement in furtherance of implementing the use of the skier drop-
off area for its intended purposes and of integrating such use with the future North Day Lot
development.
STAFF RECOMMENDATION: Approve the Skier Drop-Off Easement Agreement, and
authorize the Town Manager to sign and enter into the Agreement with VAI.
ATTAC H M E NTS :
Resolution No. 13, Series of 2009
Skier Drop-0ff Easement Agreement
RESOLUTION NO. 13
Series of 2009
A RESOLUTION APPROVING THE SKIER DROP-OFF EASEMENT AGREEMENT BETWEEN
THE TOWN OF VAIL, COLORADO AND THE VAIL CORPORATION d/b/a VAIL
ASSOCIATES, INC.; AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, Vail Associates, Inc. ("VAI") is the owner of certain real property in the Town
of Vail commonly known as the "North Day Lot"; and
WHEREAS, the Town has given requisite development plan approvals for developing the
North Day Lot as a multi-family employee housing residential project, together with other related
improvements. The approved development plans provide for the construction and relocation of a
nine (9) space skier drop-off area; and
WHEREAS, the Town and VAI wish to enter into this Skier Drop-Off Easement
Agreement in furtherance of implementing the use of the skier drop-off area for its intended
purposes and of integrating such use with the future North Day Lot development.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter into the
Skier Drop-Off Easement Agreement with VAI in substantially the same form as attached hereto
as Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 5th day of May, 2009.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 13, Series 2009
15 -1-1
SKIER DROP-4FF EASEMENT AGREEMENT
THIS SKIER DROP-OFF EASEMENT AGREEMENT (this "Agreement") is made by
and between THE VAIL CORP4RATZC?N d/b/a VAIL ASS4CIATES, TNC., a Coiorado
cazpoxatian ("VAI"), whase street address is 390 Interlocken Crescent, Suite 1000, Braomfield,
Colorado 84021, and the TOWN OF VAIL, a municipal corporatinn duly organized and existing
under and by virtue of the lavvs nf the State of Colarado (the "Town"), whose street address is
75 South Fronfiage Road, Vail, Colorado 81657.
A, The Town and VAI, alang with the Vail Reinvestznent Authority, are parties to
that certain Coare Site Development Agreement dated November 8, 2004, and recorded in the real
property records for Eaglc Caunty, Colorado {the "Records"}, on November 21, 2005, at
Reception Na. 937604 (the "Original Dcvelopmcnt Agreement"), as modified by an Amendment
to Core Sifie Development Agreement dated July 19, 2005 (#he "Fzrst Amandment"), rnade
among the same parties, a.nd recoxded in the Recoxds on November 21, 2005, at Receptinn
Na.937bOS, and as fiuzthear na:mod'zfiect by that certain Seeond Amendrnent to Core Site
Development Agreement dated as of December 21, 2007 (the "Second Amendment") (as so
amended, the "Develnpment Agreement").
B. Initially capitaiized terzns used but not defined in oar by other reference under this
Agreement shall have the ameanings ascxibed to tlaem under the tertns of the Development
Agreerrzent. The Core Site Projcct is referred to in this Agreement as the "ArrabeIle Projeet."
C. VAI is the owner of certain reat property in Vaxl, Colorada, adjacent to the
Arrabelle Project, which is caznmanly knawn as the "North Day Lot," and which is legally
described pn the attached Exhibzt A("North Day Lot"). VAT has cnmpleted the initial
construction af the Skier Drop-Off Area in aceordance vvith the Secand Amendment, whxch
Skier Drop-Off Area contains 9 parking spaces and is now in operatianal, functi4ning condition.
Development of the balance of the North Day Lot has nat yet commenced.
D. The Tawn has given requiszte develapment plan approvals for developing the
North Day Lot as a zxaulti-family residential project with etnployee housing units, together with
site and other ancillary or related improvements. Such approvals were rendered by the Town's
Planning and Environrnental Carnmissian on Februaxy 9, 2009 (with madzfied conditions
adopted by Town Council on March 3, 2009), and by the Tawn's Design Review Soard on
February 1$, 2009. Such appxpved development plans, tagethear with any rnadificatinns or
supplements thereto given arequzsite Town approvals, are sometimes referred tn hereinafter as the
"Approved Development Plans," and the improvements developed from 1:irne to time on the
North Day Lat are sometimes referred ta hereinaftear as the "North Day Project." The Approved
Develap:rnent Plans pravide for a relocatian of the Skier Drop-Off Area.
E. The Town and VAI have entered into this Agreement in furtherance of
implementing the use o£ the Skier Drop-Off Area far its intended purpases, and of integrating
such use with the future North Day Lot development.
is-2-I
NOW, THEREFORE, in eonsideration of the above premises, and other gaad and
valuabie consideration, the reccipt and sufficicncy of whieh are hereby acknowledged, the Town
and VAI hereby agree as follows:
1. G:rant of Easement.
(a) Skier Drop-Off Easement. Subject to the terrns and iimitations set forth
herexnafter in Yhis Agreement, VAZ hereby grants the Town an easement over, acrass,
upon and tharough the Servient Estate (defined below) (the "Easernent") far the £ollawing
purposes: (i) to use tlae Skiear Drop-Off Area for the "Darop-Off Use" (defined below);
(ii) fnr passenger vehicles engaged in the Drop-Off Use to employ the vehicular aecess
ways within the North Day Lot as necessary for puxpnses of ingress and egress to and
from the Skier Drop-Off Area; (iii) for Recreational Users (defined below) engaged in the
Drop-Off Use to employ the pedest7rxara walkways within the North Day Lat as necessary
for purposes of pedcstrian ingress and egress between the Skier Drop-Off Area and the
easterly baundary af the Narth Day Lot; and (Xv) for certain maintenance funefipns as set
forth in paragraph 6 belaw. Those vehzcular access ways are sonnetimes re£erred to
hereinafter as the "Vehiculax Ways," and those pedestrzan walkways are sometimes
referred to hereinafter as the "Pedestrian Ways." The "Servient Estate," as tihat term is
used herein, shall mean the Skier Drop-Off Area, Vehicular Ways, and Pedestrian Ways,
which at'e initially established by their present existing configuration depicted on
Exhibit B attached hereto. The Servient Estate will be subject to adjustznent as
hereinafter set forth.
(b) Dra -O~ ff Use. The "Drop-Off Use" shatt mean the short-term laading and
uzxlaad'ang of Vail IV~ountain slciers, snowboarders and usera of other Vail Mauntain
recareational resources ("Recxeatzonal Users") by przvate passenger vehzcles during the
Vail Mountain skz season (i.e., the season arznually durzng which skiizag/snawboarding
and related slci lift transport are affered to the public as a carnmercial operation) for the
periods when the ski lift is in aperation (the "Reserved Hours") (i. e. generally between
the hours of 7:00 AM to 7:00 P1VT). As part af the North. Day Paroject, VAI will cause
signage to be posted in the Skier Drop-Off Area disclosing the Rescrved Hours for the
Drop-Off Use, in compliance with the applicable provisions of the Vail Town Code.
(c) Nn Use During Cnnstruction. The Drop-Off Use may not he used and the
Easement and its enjoyment will be suspended commencing on April 1, 2010 and
cantinuing until the first day of the 2011-2012 Vail Mauntain ski season.
' (d) Sub-surface and Air Rights. The Servzent Estate and the enjoyranent of the
Easement shall be limited to the surface of the areas cornprising the Servient Estate frnm
time ta time, and VAI reserves and shall have alI rights, on an exclusive basis, to develop,
irztpxove, accupy, use and enjQy (i) alI subterranean axeas underlying or proximate to the
Servient Estate (provided that the Servient Estate will not be deprrived of the subjacent
and lateral support necessary for the ordinary use and enjoyment of the Easement), and
{iz} alI air space overlying the Servient Estate that is above the height necessary to
accommodate the Easeznent use (and any above-surface improvements given the xequisite
govemmentat appravals af the Town shail be deemed tQ fall within thzs clause (iz)). In
2
is-2-2
connection with VAI's exercise of rights undex this paragraph l. (d), after the
comrrxenceznent of the 2011-2012 Vail Motntain ski season (while skiing/snowbaaxding
and related lift transportation is offerecl ta the public), except as may be necessary for
short term maintenance or other bona t"ide purposes, the Drpp-Off Use shall not bc
suspended by VAI during the Vail Mountazn ski-season. Aftear the commencement of the
201 1-2012 Vail Mountain ski season and hefare undertaking any developments or
iznpravements to the Servicnt Estate during the Vail Mauntain ski-season pursuant to this
paragraph 1(d) that would suspend the Drop-Off Use, VAI will provide the Tawn with at
Ieast ten (10) days prior written notice and VAI will obfain any permits required ta be
abtained under fihe Vazl Town Code for the applicable work. Notwithstanding anything
in this Agreement to the contrary, if any need arises for repairs or replacements ta the
Servienti Estate that presents an imminent safety risk and eznergeney laecause of a
dangerous condition, then VAI znay suspend the Drop-Off Use and completie the
pertinent repairs withaut pxoviding ten {10} days prior written natice to the Town;
prpvided, hawever, VAI agrccs to parovide written notice ta the Town of the suspension
of the Drop-Off Use as soon as reasonably practicahle.
2. Non-Exelusive Use. The Easement shall he nan-excluszve, and VAI, for itself
and its $uccessors in znterest in and to the Narth bay Lot, expressly reserves the right to the use
and enjoyzzkent of the Serviezzt Estate foar any and all purposes that are nat materialty inconsistent
wath the use and enjayncaent of the Easernent by members af the puhlic for the Drop-Off Use.
3. Development.
(a) Relocation of Skier Dro -Off Area. In connectian with any ctevelopment
of the North Day Praject, the Servient Estate arr partians thereof anaay be relocated by VAi
cansistently with the Apprpved Development PIans (the relocated Servient Estate being
genera.lly depzcted an Exhibit C attached hereto). The Servient Estate as relocated will
continue to incorporate and serve nine (9) parking spaces for the Drop-Off Use. The
Servient Estate shakl be deemed re-defined by any such relocation when thc applicable
work is completed and shall be memorialized in aeeordance with paragraph 5 belor7v.
(b) Town Paropertv Access Way. The Tovvn is to grant to VAI, pursuant to a
separate agreeznent, azi easement to construct, maintain, replace and repaix an access way
within the Town Property (defined below), and ta operate, use and ezajpy that access way
for vehicular and pedestrian izzgress and egress (the "Tawn Property Access Way"). The
parties mutually acknowledge and agree that the Town Property Aceess Way shafl be
subject ta use for vehieular access for purposes of serving the enjoyment of the llrop-Off
Use within the Skier Drap-4ff Area. The "Town Praperty" shall am.ean the site owned by
the Town that is contiguous to the Narth Day Lot and "zs legally described and depicted an
Exhibxt D hereto.
4. Frontage Road Access.
(a) Town Wprk Easement. VAI hereby further grants the Town an easement
over the applicable portions of the North Day Lot (the "Tawn Work Easerzaent") to
construct, as a Vehicular Way within the Servient Estate and far use as pazt af the
3
15-2-3
Easement, a snow-melted vehicular drive that is accessed farozn Frontage Raad and that is
generally located withirz the North Day Lot and the Town Praperty as depicted pn
Exhibit E attached hereta (the "Fr4ntage Road Access"). If and when the Frontage Road
Access is initially constructed and cornpleted, the Tawn Work Easement will terminate
and be o fno £urther force or effect.
(b) Canfg.uratian of_ Aecess. The configuration of azxd improvement
specifications fox the Frontage Road Access must be eompatible with the ~'~nal
configuration of the Skier Drap-Off Area and the other elements of the Narth Day Projeet
as determined by VAI in its ordinary business judgment. The plans and speci~'~cations for
the Frontage Raad Access and all site modifications and improvements pertaznzng or
incidental thereto (the "Frontage Road Access Plans") shall be subject ta the reasonahle
a.pproval of VAI in writing, pricar to the commenccment of the Frontage Road Work
(de£'ineci below). The Town vvill be pezmitted and requzred ta connect the snow-melt
systezn wzthin t.he Frontage Raad Access ta the boiler or othear heat source £or the snow-
melt systezns within the North Day Project (the "Narth Day Snow-Melt Source") in
accordancc with VAI's speei£'zcations.
(c) Frontage Road Work. The Tawrz shall cause the canstruction and
installation wQrk for the Frontage Road Access (the "Fxontage Road Wark") ta be
undertaken axad campleted in compliance with the final approved Frontage Road Aecess
P1ans, in a good and warkmanlike manner, and in aecordance with good standards and
practiees generally prevailing izz the canstruction industry. The Frontage Road Worlc will
include, as applicahle, restarations, replacements and/or reconfigurations of any Narth
Day Lat irnproverrients affected by the Frontage Road Access. The Town agrees that the
constnuetion of the Frontage Road Access shall not prevent access to the North Day
Project or unrcasonahly interfere with any constxuctian or development on or use or
enjoyarza.ent af the Narth Day Lot or cause any damage on the North Day Lat (zncluding,
without linrzitation, any impairment oF subjacent or lateral support). Priar #a the
carnrnencernent oF an.y Frontage Raad Work: (i) the Town and VAI will agree upon tize
canstruction schedule (including constructxorz hours and times) and the location, physical
scope and required safety rneasures for the Frontage Road Wark during tne construcfiion
parocess; and (ii) the Town shail furnish ta VAI copzes af all requisate permits and
approvaIs From CDOT authorizing the relafied curb cut and othcr access improvements
atzd pezmitting ingress and egress io and from Frontage Raad. Upan Yhe completion of
any Frontage Road Work or any expiratian nfthe Town Woark Easement, the Town at its
sole expense shall vacate and cause its agents and contractors to vacate the North Day
Lot, remave any related debris, materials and equipmcnt, and shall restnre any affected
areas within the North Day Lot (aar proznptly rearnhurse VAZ for any costs and expenses
associated with any such restoration undeztaken by VAZ).
(d) Casts. The construction and installation of the Frontage Road Access
(including all restoratzans and repairs) shall be undertaken solely at the Town's expense,
and the Town shall bear and pay all casts and expenses incurred in cnnnection therewith,
it being agreed that VAT vvill not have any obligation ta undertake an.y such construction
ar installation or to bear any such costs or expenses; pravided, however, that VAI, at its
sole expense and in aceordanee vsrith the Approved Develapmerzt Plans, will undertake
4
15-2-4
the removal and :reIocation of a.ny trash starage facilities/improvements which are within
the Frontage Roact Access. VAI daes not and will not have any obligatian to furnish
improvements to public v,rays or areas in connection with the Narth Day Project except ta
the extent specifically contained in the Approved Development Plans.
(e) Na Liabilzty for VAJ. The Tovcm agrees that VAI shall nat have any
liability ta the Town or any ather person, party or entity for or on account of injury to
persons or property, or any other izabilzty, loss, or damage, or any claim related thereto,
axzsing from the use and enjoyYnent of or in cozanection with the Town Wor1c Easement,
and any such Iiability is hereby waived to the fullest extent permitted by law.
(f) Srxppleznezzt and Access. If any Frontage Road Aecess is established, then
(i) an aecess easement wiil be merrzarialized as part of the Servient Estate with a
supplement in accordance with paxagraph 5 beiow; and (ii) the Tovvn will grant tn VAT,
pursuant to a separate agreernent, an access easement adjacent to the I'rontage Road
Access within the Town Property to use and enjoy that aceess way for vehicular and
pedestrian ingress and egress.
5. Further Record Deseription of Sezvient Estate. VAI wi1l prepare a supplernent for
this Agreement to establish a revised depiction of #he Sexvient Estate to reflect its relncation
pursuant to the Appxoved Development P1ans and based on as-built canditiozas (the "Relocation
Supplerrient"). The Relocation Supplement, and any related Iegai description supplements, wzll
be mutually executed by VAI and the Tawn and will be recorded in the Records.
6. Maintenance.
(a) Skier Drop-Off Area. VAI, at zts sole cost and expense, will maintain the
Skier Drop-Off Area, the Vehicular Ways, Pedestrian Ways and alI improvemients
located thereon and therein (including snavv-melt systems and excluding the Frontage
Raad Aceess, if any) in good condition and repair, ardinary wear anci tear cxcepted, and
will bear all operating costs arising in connection with the Skier Drop~Off Area and alI
uses and fuzactians therein, including utilities eosts for liglating and snow-me1t aperations.
During the term of tlae Ease7rxaent, VAI shall operate the snowmelt systezzas within the
Servient Estate, to the extent of their capaeities, in arder to provide snow removal for tlae
Servient Estate to an equivalent standard that the Town implements for its snowmelt
systezns within the Tract C public pedestrian access areas adjoining the Servien.t Estate.
This snowmelt operation will eease at such time, if ever, as the Town d'rscontinues the
opexatian of its public snowmelt systerns wi.thin those Tract C areas;. provided, however,
VA1 wzll continue to provide snow rernoval for the Skier Dxop-Off Area, the Vehieular
Ways, Pedestrian Ways, at its soIe cost, in accardance with the Vail Town Code and the
means and rnethods determined by VAI in ifis sole cliscretion.
(b) Frantage Road Access. The Tawn, at its sole eost and expense, will
maintain any Frontage Road Access and all impravemenfis located thereon and therein
(in.cluding snow-melt systems) in gaod condition and repaxr, oxdinary wear and tear
excepted, and wzll bear all operating casts arising in connectioza with any Frantage Roaci
Access and aIl uses and ~'unctions therein, including utilities costs foar lightizag and snow-
5 '
15 -2-5
melt operatinns. The Town will fiirnish separate metering or sub-metering for any
FrQntage Road Access. The Town will alsa share zn maintenance, repair and replacement
costs incurred by or through VAI for the North Day Snow-Melt Source, and related
delivery systems, based on relative utilifiies consutnption for snow-melt operations of any
Frontage Rflad Access (with the Town's share to be payable within thirty (30) days after
demand frorn time to time).
{c} Vehicular Wavs and Pedestrian Wavs. The Town will further provide or
pramptly reimburse VAT fnr the costs of repairs ta the Vehicular Ways and Peciestrian
Ways to the extent any damage oar wear and tear thereto (other than ordinary wear and
tear) arises in connection with the use of the Town Work Easement.
(d) Interim Snow-Plowin~. VAI will furnish snow-piowing fnr the Scrvient
Estatc in the ordinary caurse af business unless and until the Servient Estate incorporates
a snow-melt system.
(e) Off-Site Mairztanance. Except for the maintenance of the Town Paraperty
Access Way, the Town will znazntain all improvements located adjacent to but outside the
bpundaries of the Nnrth Day Lot, inclucizng snow-znelt systems (colIectively, the "Off=
Site Improvernents") in good condition and repair, ordinary weaz' and tear excepted, and
will bear aIl aperatirzg casts arising in cannectinn vvith the Off Szte Improvements and a11
uses and functzons af such C)f£ Site Irriprovements, including utilities costs for Iighting
and snaw-melt operations.
(f) Access far Maintenance. The Tawn., as part of the Easement, rnay come
upon th.e Sezvient Estate and ather portions of the North Day Lot as reasonably necessary
fior the Tawn's perfarnnan:ce a£ its maintenance nbligations under this paragraph 5,
provided that any such eniary shall not cause any interference with the use of or damage to
other portions of the North Day Lot.
(g) Mechanic's Licns. In cnnnection with any znaintenance or other work
undertaken hy or th7raugh the Town (including, vvithout lirnitation, arzy Frontage Raad
Work under paragraph 4 above), the Town shall not cause, suffer or permit any
mechanic's, materiatrrzen's or other liens ta attach to or be recorded against the Servient
Estate ar the North Day Lat or any payrnent elaizns ta be made against VAI. In the event
any such lien claim is recorded, t1ae Town at its expense shall promptly cause its removal
and release of record ar pramptly rezmburse VAI (after dernand) far VAI's costs and
expenses incurred in securing the Iien release.
7. Liability Insurance. The Town and VAI at all times will maintain in full force
and e-Ffeet, adequate general commercial or general eomparehensive Izability insurance providing
caverage agazn.st aIl claims for personal injury, death or property damage occurring upon, in or
about the Servient Estate or arising in corunection with the use and enjoyment of the Easernent or
Town Work Easement. Each party's insurance shall be prizxaary and non-contributory to any
insurance held by the other party with respect tn any events or lass arzsing by, fhrough or under
the first party.
6
is-2-6
S. Skier Drop-Off Requzaremcnts. The Town acknowledges and agrees that by virtue
of the cvnstruction of the existing Skier Drop-4ff Area, Vehicular Ways and Pedestrian Ways,
and the naalcing of this Agreement, VAI has satisfied thc requirements and obligatzons axising
under the Second Amendment to parovide pavxng and othez improvements for the Skier Drop-Off
Area, and further reconfirms, as set Forth in the Second Amendznent, that the requirements to
incozporate skier drQp-off within the approved plans faar the North Day Lot Project have been
satisfied. Upon the recoxdation of this Agreernent in the Records, the Letter o£ Cred'zt and the
Easement (as those terms are defined in the Second Amendment) shall be retuarned and released
to VAI, along vvith sucla related dacumentation as the issuer of the Letter of Credit rnay require,
and the Town shall have no interest therein.
9. Successors and Assi ns. The rights and any obligations of VAI hereunder shall
rr.ui with the Iand and shail be binding upan and inure to the benefit of the ownershzp of the
Servient Estate, with such xights ta aiso benefit the ownership of other portions of the North Day
Lflt as applieable, wrth eaclz ownear ta be lzable anly for such obligatians that accrue during the
owrzership period of such successor owner. The Town znay nat transfer or assign the Easernent
oar Town Work Easement, without the prior written cansent of VAI, which xs not to be
unreasonably withheld. Notwithstanding the faregoing, following the approval of the Frontage
Road Access Plans in accordance with paragraph 4 and subject to the terms and conditions of
this Agreernent, the Town may authorize its contractors to pearfaarzn the Frpntage Road Work
without VAI's consent. The Town wili provide VAI vvith written zzotice of any such
authorization at least ten (10) days priar to commencement of any Frontage Road Work by the
Town's contractnrs.
10. Amendment. The Easement and this Agreement may be terminated, amended or
modified by furthex ;recorded instrument mutually exeeuted by VAI and the Town,
notwithstanding that the Drop-Off Use under the Easement is a public benefit, and the Town
shall have and retain alI right, power and au#hority to make any such terminatinn, atnendment or
znadiicatian as the Town may deterrnine to be apparopriate.
11. Remedies. VAI and the Tawn shall each have any remedies referenced hexexn or
available at law or equity to en£arce their respective rights and interests and the obligations of the
other party under this Agreeam.ent, and all such remedies shall be cumulative with and non-
exciusive of one another; no exercise of any one remedy shall constitufe an eteotion to the bar of
the exexcise of any other remedy.
12. Notices. Al1 notices requzared under this Agreement shall either be (a) hand
delzvcred, (b) given by certified mail, return receipt requested, directed to the name and adctress
set forth below, (c) given by overnight courier direcYed to the name and address set forth below,
or (zv) sent by faesirnile transmission to the applicable facsimile numbers set forth bcIow. All
notices so gzven shall be considered effective (i) if hatzd delivered, when xeceived, (ii) if by
certified zzxail, three (3) calendar days after deposit, certified mazl postage prepazd, wzth the
United States Postal Sezvice, (iiz) zf by ovemight courier, ane (1) business day after depasit with
an overnight courier, with deiivezy charges prepaid, or (iv) if by facsimile transmissian, upon
receipt of a machine-generated confirmatian of a suceess£ul transmission of all pages. Any party
hereto may change the address or facsimile number to which future notices shall be sent by
7
is-2-7
notice given in accordance with this paragraph 12. A"business" day shali rnean any day ather
than a Saturday, a Sunday, or any holiday on which U.S. Mail service is not provided.
If to the Town: Town of Vail
75 South Frantage Road
Vail, Colorado 81657
Attentian: Director oFPuhiic Works
Facszranile No.:
With a copto: Torvn of Vail
75 South Frontage Road
Vail, Colorado $1657
Attentian: Town Attorney
Facsirzzile No.: (970) 479-2157
If t4 VAL• The VaiI Cozporation cilb/a Vail Assoeiates, Inc.
390 Interlocken Crescent, Suzte 1000
Braomfield, Colorado 80021
Attention: Legal Department
Facsimile No.: (303) 648-4787
With a capy to: Vai1 Resorts Management Company
P.O. Box 959
137 Benchmark Road
Avon, Colorado 81624
Attention: Asszstarzt General Counsel
Facsirnile No.: (970) 754-2555
13. Statutory Parotection. The members of the general public enjoying the Easement
shall all constitute invited guests of the Town for purpases of C.R.S. § 33-41-103, and pursuant
thereto and to tie fullest extent the Easement grant falls within the scope of C.R.S. § 33-41-103,
VAI and Tawn mutually intend and agree that the VAI shall have ihe full benefit and protection
of the provisions of C.R.S. § 33-41-103 zn relatian iQ the Drop-Off LTse and the Easement. VAI
specifically aelcnawledges and agrees that zaa charge sha11 be levied upon and no revenues shall
be collected for the enjoyment of the Drop-Off Use or 1he Easement (provided that the faregning
wiIl not limit the obligations af the Town hereunder or any ahligations of publie users arising by
opexation of law). References herein to C.R.S. § 33-41-103 sha11 be deezned to include a.ny
subsequent amendments thereto or successor provisions ofi 1aw.
14. Governing. Law; Miscellaneaus. This Agreement will be governed by and
construed in accoardance wzth the Iaws af the State of Colo:rado, without reference to conflicts of
laws principIes. Headzngs and captions confiaineci herein are inserted as amatter of convenience
and £or reference, anct in no way define, liznit, extend, or describe the scflpe of this Agreement ar
any pravisions hereof. Where requzred for pxoper interpretatian of this Agreement, wards in
singular shall include the plura.I and the masculine gender shall include the neuter and the
feminine, and vice versa. The tezms "include" and "including" shall each be construed as if
follawed by the phrase "withaut being lzmzted tQ" whether or nat so stated. This Agareeament may
S
is-2-s
be executed in counterparts, each af which wiil canstztute an ariginal, axad which tagether will
constitute one and the sarne agreement.
15. Entire Agreement. This Agreernent sets farth the entire agreement and
understanding af the parties with respect to the subjeet mattcr hereof, and any prior or extrinsic
agreements ar understandings with respect to the subject matter hereof, whether oral or written,
are superseded hereby.
16. Severabilitv. Tf any provision of this Agreement as applied to particular
circumsfances shall be illegal and unenforceable, such illegality and unonforceability shall nat
affect the enforceability of any ather provisions of this Agreement, ar the affected provision as
applied to circumstances for which it is enfarceable, 'rt being intended that all pxavzsi4ns of this
Agreement be valid and enfaarceable to the fixllest extent legally pearmissible. Any provision
suffering frorn such iliegality or unenforceahility shall be deemed replaced with a substitute
provision which as closely as legaIly possible reflects the substantive content and intended effeet
af the illegal ar unenforceable provisian.
17. Iznmunitv. VAI acknawledges that the Tpwn is relying an, azad does not waive ar
intend to waive by any provision of this Agareement, the znonetary iimztations or any other rights,
immunities, and protectinns prnvided by the Colorado Gavernmental Immunity Act, C.R.S.
§ 24-10-10 1, et sec .
18: Recoardin . This Agreement wxll be recorded in the Records.
19. Cantingencv, No Debt. Pursuant ta Article X, § 20 0f the Colaxada Constitutiorz,
the Town's Fnancial ohligations undear this Agreernent are specifieaily cantiangent upan annual
appropriatian of funds sufficient to perform such obligation. This Agreement shall never
constitute a multi-year debt or financial nbligatinn of the Town wifihin any statutory ar
constztutional provision.
`Satance of page intentionally left blank]
9
. is-2-9
IN WITNESS WHEREOF, VAI and the Tawn have made this Skier Drop-Of'FEasement.
Agreement as of the day af , 2009.
VAI:
THE VAIL CORPORATION, d/b/a VAIL
ASSOCIATES, INC., a Colorado corporafiion
By:
Keith Femandez,
President and CaO-VRDC
STATE C}F C(3LORADO )
} ss.
COUNTY OF EAGLE }
The foregoing instrument was ackn.owledged before me this day of
, 2009, by Keith Fernandez as President and C04-VRDC a£ The Vail
Corporation, d/b/a Vail Associates, Inc., a Colorado corpnratinn.
Witness my hand and official seal.
My Commission expires:
Natary Public
[Town signatuYe black follows on next page]
za
15-2 -10
Towlv:
TOWN OF VAIL, a municipal corporatia:n duly
organized and existing under and by virtue of the
laws o£ the State af Caloradp
By:
Stanley B. Zemler, Town Manager
ATTEST:
Lorelei Donaldson, Town Clerlc
STATE OF COL4RADO }
) ss:
COUNTY OF EAGLE )
The f4regoing instrument was aclcnawledged before me this day af ,
2009, by Stanley B. Zemler as Towrz Managear of the Town of Vail, a zxa.urzicipal eorporation duly
arganized and existing under and by virtue of the laws nf the State of Colarado.
WTTNESS my hand and official seaL
My carnmission expires:
Natary Public
II
is-2-1i '
EXHIBIT A
Legal Description of Narth Day Lot
Lot 1, Black 1, Vail/Lzanshead, Third Filzng, accoarding ta the arecorded pIat thereof, County of
Eagle, State of Colorado, except those portions canveyed in Deeds recordec€ November 3, 1972,
in Book 226 at Page 32 and recorded Tuly 11, 1983 in Book 363, at Page 341.
A-1
is-2-12
EXHIBIT B
Depictipn of Present Servient Estate
(See the attached)
B-1
15-2-]3
Elt «R.iRIHXil li EOAY 1O1'EI/IWY 69LC& 'ON 9Qf 60-90-TA 31VQ
o: '8~I .4~IY33°8nf43~8~'a~
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15-2-]4
EXHIBIT C
General Depiction
of Re4ocated
Servient Estate
(See the attached)
G1
15-2-]5
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15-2-]6
EXHIBIT D
Town Property
The real property conveyed to the Town of Vail by deed recorded in the real property records for
Eagle County, Colorado, on July 11, 1983, in Book 363, at Page 341.
D-1
15 -2-»
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15-2-18
EXHIBIT E
General Depietian
of Frontage Road Access
(See the attached)
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E-1
15-2-]9
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15 - 2- 20
*(irvk
~ VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 5, 2009
ITEM/TOPIC: Resolution No. 14, a resolution approving the increased fees in the provision of
fire protection services out of town limits; and setting forth details in regard thereto. Increases
in other fees as charged by the Fire Department.
PRESENTER(S): Judy Camp / Mike McGee
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny
Resolution No. 14 increasing the fees charged for fire protection services outside of town
limits. No formal action is required on other fees, which are presented for Town Council's
review before implementation.
BACKGROUND: Town Council has asked for a review of fees charged for town services to
assure the town's costs are recovered. Fees for fire protection service contracts were last
updated in 1991 and clearly do not recover the town's costs. Other fees administered by the
Fire Department were last increased in 2003 and also do not recover the town's costs. The
proposed fee schedule increases fees to a level appropriate for 2009.
STAFF RECOMMENDATION: Approve Resolution No. 14 as presented