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HomeMy WebLinkAbout2016-02-02 Agenda and Supporting Documentation Town Council Regular MeetingNOTE: VAIL TOWN COUNCIL 0� REGULAR MEETING AGENDA TVWN OF VA10 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., FEBRUARY 2, 2016 Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM/TOPIC: Citizen Participation (5 min.) 2. ITEM/TOPIC: Consent Agenda 1) Minutes from January 5, 2016 council meeting 2) Minutes from January 12, 2016 council special meeting 3) EHU Exchange - 1592 Matterhorn Circle (5 min.) 3. ITEM/TOPIC: Town Manager's Report 1) Follow up discussion and direction about Vail Commons Rent and Percentage Payment 2) Town Council Retreat Follow up (30 min. ) 0 5 PRESENTER(S): Stan Zemler, Town Manager ITEM/TOPIC: Review of the aesthetic alternatives developed for the new Bridge Road Structure over Gore Creek. (10 min.) PRESENTER(S): Chad Salli, Project Engineer ACTION REQUESTED OF COUNCIL: Staff is asking the Council to either endorse the staff preferred alternative or to provide direction towards one of the other alternatives. BACKGROUND: The Town has received a federal bridge replacement grant to replace the existing Bridge Road structure with a new bridge. The existing structure has had to be closed numerous times over the years for safety concerns as debris has created a blockage in one or multiple culverts and the waters of Gore Creek have overtopped the pavement. The new structure will completely span the creek minimizing the possibility of future overtopping, and provide additional clearance for boaters. Construction is scheduled for fall 2017. Loris and Associates, contracted by the Town, has developed four aesthetic alternatives for the new structure. STAFF RECOMMENDATION: Based on public feedback staff recommends proceeding to the Design Review Board with option C. Through the DRB process the aesthetic treatments will be finalized and the design team will continue to work on minimizing disturbance to adjacent properties and Gore Creek. ITEM/TOPIC: Enhancement of activities for final week of ski season (15 min. ) 2/2/2016 PRESENTER(S): Kelli McDonald, Economic Development Manager ACTION REQUESTED OF COUNCIL: Staff request Council review enhancement activities presented for the last weekend of ski season and direct staff on next steps. BACKGROUND: At the Council meeting on January 19, 2016, the Town Council requested staff research opportunities for additional activations during the final week of ski season to drive increased overnight guests and vitality. 6. ITEM/TOPIC: Second reading of Ordinance No. 1, Series of 2016, An Ordinance Amending the Definition of Short -Term Rental in the Vail Town Code (5 min. ) PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2016, upon first reading. BACKGROUND: Section 12-2-2 of the Vail Town Code defines a short-term rental as a rental for a period of time not exceeding 31 days. Section 4-1-2 of the Vail Town Code defines short-term rental as a rental for a period of time not exceeding 30 days. The Town Council desires to amend Section 12-2-2 to ensure consistency in the Vail Town Code. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2016, upon first reading. 7. ITEM/TOPIC: First reading of Ordinance No. 3, Series of 2016, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (30 min.) PRESENTER(S): Jonathan Spence, Planner ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 3, Series of 2016, upon first reading. BACKGROUND: The applicant is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive , Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District. The boundary amendment will provide a zoning more suitable for the project and allow appropriate redevelopment/expansion consistent with the Medium Density Multiple -Family District. It is anticipated that a Design Review Board (DRB) application for an addition to Unit E, the easternmost unit in the building, will be submitted subsequent to a successful rezoning of the property 2/2/2016 STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Council approve on first reading Ordinance No. 3, Series of 2016, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District 8. ITEM/TOPIC: Adjournment (8:00 p.m.) Please call (970) 479-2136 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. 2/2/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February2, 2016 ITEM/TOPIC: Citizen Participation 2/2/2016 ►owx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February2, 2016 ITEM/TOPIC: Consent Agenda 1) Minutes from January 5, 2016 council meeting 2) Minutes from January 12, 2016 council special meeting 3) EHU Exchange - 1592 Matterhorn Circle ATTACHMENTS: January 5, 2016 Meeting Minutes January 12, 2016 Meeting Minutes EHU Exchange Memorandum 2/2/2016 Vail Town Council Meeting Minutes Tuesday, January 5, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dave Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item of business during the evening meeting was Citizen Participation with comments as follows: Jonathan Levine, Hummers of Vail, expressed concern about the following: 1) Vail Transportation Ordinance 2) Their relations with the Vail Police Department 3) The URB operations He requested that a meeting be convened with the stakeholders, operators and business community, to review the current ordinance and requested a review by the town council. It was noted that the town attorney is currently reviewing the ordinance and the PUC has recently released some regulations. The Town Manager informed the council that a policy around transportation services has been implemented and is working successfully; he expressed concern that there continues to be negative comments about the Vail Police Department related to this topic. Michael Cacioppo expressed appreciation to the council and staff for answering some questions by Mr. Levine, and he is unsure the PEC regulations supersede a home rule municipality's ordinances. The second item of business was the Consent Agenda as follows: 1) Minutes from December 1, 2015 meeting Moffet moved to approve the meetings; Foley seconded the motion and it passed (7-0). 2) Minutes from December 15, 2015 meeting Moffet moved to approve the meetings; Foley seconded the motion and it passed (7-0). 3) Resolution No. 1, Series of 2016, a Resolution Approving the Amendment to the Development Agreement Between the Town of Vail and Lion's Ridge Apartment Homes, LLC; and Setting Forth Details in Regard Thereto Foley noted the extension was until May 1 2016 and moved to approve Resolution No. 1, Series of 2016; Moffet seconded the motion and it passed (7-0). Town Council Meeting Minutes of January 5, 2016 Page 1 2/2/2016 The third item on the evening agenda was the Town Manager's Report at which time there was mention 1) Summit County Tour of Affordable Housing Properties and Special Council Meeting to discuss Chamonix Housing Project set for January 12, 2016 at 6 pm. Zemler noted the tour would begin mid morning with a follow up evening special council meeting focused on the discussion about what market to serve by the Chamonix housing project. The fourth item of business during the evening meeting was consideration of an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on October 21, 2015, approving a dehumidifier, associated condenser, screen wall and landscaping at the Simba Run Condominiums, located at 1100 North Frontage Road West/Lots 6- 10, Block C, Lion's Ridge Subdivision, and setting forth details in regard thereto. (DRB150454). Background information from the council memo notes the Town Council was to answer the question: Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10, Design Review Standards and Guidelines properly applied in the decision to allow for an exterior alteration for a dehumidifier, associated condenser, screen wall and landscaping at the Simba Run Condominiums, located at 1100 North Frontage Road West? And the decision to be made was pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town 1/5/2016 Council shall uphold, uphold with modifications, or overturn the Design Review Board's October 21, 2015, decision. Additional detail was presented in the council memo. Jonathan Spence, Planner, was present to answer any questions. Mayor Chapin opened the public hearing at this time. Robert Kleinman, resident of Simba Run, presented his case to appeal the decision of the DRB, with information noting several health concerns that could result from the installation of a dehumidifier at this Simba Run property so close to the residents. His letter stated the following decisions made were to be appealed: The approval of the project referenced as DRB 150388, Simba Run condominium swimming pool building humidity mitigation project, consisting of: ✓ The installation of large above -ground commercial "desert aire" dehumidification systems and condensers; ✓ The construction of surrounding and adjacent walls, screens, roofing and gates; ✓ The installation of hydronic piping, refrigerant piping, condensate piping and natural gas piping; ✓ Construction of all other related and incidental structures and components; and ✓ The proposed regrading of existing land and removal of mature trees. Kleinman spent some time sharing his concerns about the potential health hazards of Legionnaires' disease which could be a result of moving the dehumidifier. Jack Huhn, owner's rep for Simba Run, presented the application for the installations noting they were trying to reconcile the pool's humid atmosphere with the impacts to the buildings, which consisted of a great deal of rusting around the building. The conditions resulted in impacts to the inside an area of the buildings, and the intent was to try to mitigate this from continuing to occur. There have been several locations suggested for housing the equipment, two of which have already been approved by DRB, and with much review and research, the first location is now being considered. He also addressed the decibel noise level proposed to be generated by the equipment which was not to the levels suggested by the appellate. Town Council Meeting Minutes of January 5, 2016 Page 2 2/2/2016 Brad Corrigon, newly elected board member of Simba Run and owner since 2004, shared that he is also in the process of reviewing information about the dehumidifying solution. He noted that their earlier site tour showed them a site that is not feasible and he would like to defer any further review until the Association has made a final decision about the "right" location. His suggestion is to allow Simba Run representatives the ability to continue the study of the matter. Town Attorney Matt Mire reminded the Council their role is only to consider whether or not DRB made their decision in error. He informed council that public input could be heard as well. William Pierce, member of technical committee for Simba Run, informed them they are continuing to look for the best location. Charlie Calcaterra, resident and board member Simba Run, expressed questions about "why" they are here and "what" is being reviewed. Spence noted they were not here to review the project application again, but rather noted the context of the appeal process was to review the decision made by the DRB. There were several discussion items noted (from the memo) that suggested the project was incompatible with the Code. Chapin closed the public hearing at this time. It was suggested the town council's task was narrow in scope and much of the material presented was not germane to their decision. Moffet moved to uphold the determination of the Design Review Board's decision and finds that the Vail Town Code was properly applied in regard to the October 21, 2015 Design Review Board approval of DRB150454. Furthermore, the project consisting of a dehumidifier, associated condenser, screen wall and landscaping at the Simba Run Condominiums, located at 1100 North Frontage Road West/Lots 6- 10, Block C, Lion's Ridge Subdivision, is consistent with Title 14, Development Standards, of the Vail Town Code. Cleveland seconded the motion and commented that he supported Moffet's comments and the role of DRB is aesthetic in nature and all operational aspects are not for the council's review. The motion passed (7-0). The fifth item on the agenda was Resolution No. 38, Series of 2015, a Resolution amending the Lionshead Redevelopment Master Plan to amend detailed plan recommendations for future development on the Evergreen at Vail development site, as prescribed in Chapter 5 of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. The applicant, Evergreen Lodge at Vail, represented by the Mauriello Planning Group, requested a public hearing with the Vail Town Council to present recommended amendments to Chapter 5, Detailed Plan Recommendations, subsection 5.19, Evergreen Lodge at Vail, of the Lionshead Redevelopment Master Plan. The four purposes of the amendments are to: 1. Clearly identify and articulate the desired outcomes of a future redevelopment of the Evergreen Lodge at Vail property, 2. Remove language from the Master Plan which is no longer relevant or applicable, 3. Respond to changes in conditions as a result of the land exchange with Vail Valley Medical Center, and 4. Establish predictability within the review process by providing detailed site specific recommendations for redevelopment of the Evergreen Lodge at Vail site. The requested amendments are as reflected in Resolution No. 38, Series of 2015. 1/5/2016 Mayor Chapin reopened the public hearing which was continued from the last meeting, December 15, 2015. George Ruther, Director of Community Development presented the resolution and Lionshead master plan amendment with some technical clarifications about what changed from the last meeting, sections 5.19.3 (minimum live beds), 5.19.4 (requirement for reports related to stream health), 5.19.5 (references to Lot 10 removed). He noted two letters were received, one from Vail International Condominium Association, and one from Mauriello Planning Group on behalf of the applicant, the Evergreen Lodge, in response to the VI letter. Staff presented their effort in addressing concerns was to refine the language to include broader Town Council Meeting Minutes of January 5, 2016 Page 3 2/2/2016 references to the concerns of both parties rather than trying to solve their concerns. Dominic Mauriello, representing the applicant the Evergreen Lodge, spoke about supporting most of the changes and referenced his letter submitted that addressed the concerns from Vail International residents. Chapin opened the public comment and several persons spoke: Rick Pylman, representing Vail International, noting some concerns have been addressed but some of not which is why they've submitted their specific language proposals in the letter. Gwen Scapello, resident, expressed her concern about the language referencing Lot 10, i.e. why a pedestrian connection between Frontage Road and West Meadow Drive, and suggested further attention be given to 5.19.4 and 5.19.5. She requested the town reconsider the references to the connections and do not allow for any structures on Lot 10. Tom Braun and Jim Wear, representing Vail Valley Medical Center, expressed support for the adoption of the Lionshead Master Plan and supported formalizing the land exchange between Evergreen Lodge and VVMC. He requested town council support of the amendment to move this partnership in the land exchange forward. He also mentioned that the development review process would be the venue for resolving some of the other concerns. Chapin closed public hearing. Ruther reminded them their consideration is about the amendment only and not the the proposed development plan and the PEC recommended approval of the amendment after four hearings. It was noted the effective date language takes into account the land exchange process, section below: This Resolution shall become effective upon the date that the land exchange subdivision amendment (the "resubdivision map") with the Vail Valley Medical Center is duly recorded at the Office of the Clerk and Recorder of Eagle County, Colorado. The condition approval of this Resolution shall expire on December 31, 2020 (the "expiration date") unless the resubdivision map is recorded as required prior to the expiration date. There were some concerns expressed about Title 12 not living up to certain standards for protecting the riparian corridor and the need to revise some of the code sections. It was noted if that would occur, the timing would impede the ability of this project to move forward. There was further discussion about pedestrian access and references to Lot 10, specifically language in 5.19.1 and 5.19.5. There was agreement to striking any references to Lot 10. Moffet moved to approve Resolution No. 38, Series of 2015, a Resolution amending the Lionshead Redevelopment Master Plan to amend detailed plan recommendations for future development on the Evergreen at Vail development site, as prescribed in Chapter 5 of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. Bruno seconded the motion. The motion passed (6-1; Cleveland — no). The sixth item on the agenda was Ordinance No. 1, Series of 2016, Ordinance Amending the Definition of Short -Term Rental in the Vail Town Code. Matt Mire, Town Attorney, noted that Section 12-2-2 of the Vail Town Code defines a short-term rental as a rental for a period of time not exceeding 31 days and Section 4-1-2 of the Vail Town Code defines short-term rental as a rental for a period of time not exceeding 30 days. He suggests consideration of this ordinance in an effort to amend Section 12-2-2 to ensure consistency in the Vail Town Code. Moffet moved to approve Ordinance No. 1, Series of 2016; Foley seconded the motio and it passed (7-0). Town Council Meeting Minutes of January 5, 2016 Page 4 2/2/2016 The seventh item on the agenda was first reading of Ordinance No. 2, Series of 2016, an Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for Religious Institutions as a Conditional Use in all zone districts except the Heavy Service (HS) District; Outdoor Recreation (OR); Natural Area Preservation (NAP); Hillside Residential (HR); Single Family Residential (SFR); Two -Family Residential (R) ; Two -Family Primary/Secondary (PS); Housing (H); Vail Village Townhomes (VVT); and Arterial Business (ABD); amending the definition of Religious Institutions, and setting forth details in regard thereto. Chris Neubecker, Planning Manager, presented purposes of this ordinance which are to: ■ Provide more zone districts in town where Religious Institutions may be located ■ Expand community infrastructure that supports cultural opportunities ■ Clarify the definition of Religious Institutions to include the incidental and ■ secondary uses that customarily accompany Religious Institutions ■ Bring the Town's Zoning Regulations into greater conformance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). He noted the ordinance was drafted in response to a request and after it was discovered the lack of zoning districts that allow Religious Institutions. In reviewing applicable federal laws, the Department determined that this issue extended beyond the commercial zone districts and needed greater attention. It was also their intent to draft an ordinance that would bring the Town's Zoning Regulations into greater conformance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). He clarified this was not a rezoning but rather it was adding text to the zoning code related to religious institutions; he presented a map that showed the zone districts proposed to allow for religious institution. It was also noted the town's regulations are consistent with uses of meeting rooms and conference spaces as there are currently four of these areas in use. It was requested the list that reflects the zone districts that allows the religious institutions be presented next time as well. Moffet moved to approve Ordinance No. 2, Series of 2016; Bruno seconded the motion. Public comments were invited and Michael Cacioppo supported granting more religious opportunities throughout the town with comments that addressed constitutional rights, and that no local government can limit the ability of religious institutions to practice. The motion passed on first reading (7-0). The eighth item on the agenda was the update on the East Vail Fire Station Renovation, Budget and Design as presented by Mark Novak, Fire Chief, and John King, Facilities Manager. They noted in August 2015, town council authorized the Town Manager to enter into an agreement with Pierce Architects to complete conceptual and schematic design for the for the renovation of the East Vail Fire Station. This phase of the design has been completed and has resulted in an updated budget for the project. To move forward with the project, Council will need to direct staff to supplement the project budget in the March 2016 Supplemental and direct the Town Manager to enter into an agreement with Pierce Architects to complete the design work, resulting in complete construction documents. An escalation of construction costs in the valley, the recommendation to address some operational needs with an increase in the footprint of the remodel, the need to move the driveway which is on private property, and the inclusion of an employee housing unit, were the basis for the budget increase. He noted safety concerns related to distance around fire trucks and edge of the buildings and storage for their equipment, would be mitigated if these changes could be included. Staff reviewed initial costs and value engineered the project for some reductions. The construction documents require allocating $1.5 funding for the construction of the fire station and $400K to build the employee unit. King presented some of the historical information related to maintenance of the 35 years old building, which have been nominal. Some details of the EHU were presented, 1) inclusion of an outside Town Council Meeting Minutes of January 5, 2016 Page 5 2/2/2016 entry, 2) per square foot cost estimated at $200, and 3) no elevator required. There was council support to finish the design work and obtain bids on the project at which time they would then review the project again for costs and appropriations. Moffet moved to authorize the Town Manager to enter into an agreement with Pierce Architects to complete the design work, resulting in complete construction documents; Bruno seconded the motion and it passed (7-0). The ninth item of business on the evening's agenda was adjournment. There being no further business to come before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed (7-0) and the meeting adjourned at 8:15 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of January 5, 2016 Page 6 2/2/2016 Vail Town Council Special Meeting Minutes Tuesday, January 12, 2106 10:30 A.M. Vail Town Council Chambers The special meeting of the Vail Town Council was called to order at approximately 10:30 A.M. by Mayor Dave Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Greg Moffet Jen Mason (present for Summit County Tour; absent for special meeting) Staff members present: Stan Zemler Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk The first item on the agenda was the Summit County Tour of Affordable Housing Properties in the towns of Breckenridge and Frisco. The Town Council visited the Valley Brook Neighborhood, located at 1100 Airport Road in Breckenridge and the Peak One Neighborhood, located at 257 Belford Street in Frisco for the first part of the meeting. The Vail Town Council held a follow up evening meeting at the Council Chambers at 6:00 pm; Mayor Chapin reconvened the special council meeting noting that all council members were present except for Jen Mason. The second item on the agenda was the discussion with the Vail Town Council to clarify the vision for the Chamonix development and determine the target market of the future homeowners at Chamonix. Mayor Chapin noted the purpose of tonight's meeting was to seek clarification from the Town Council on a vision for future housing development in Chamonix neighborhood in West Vail and to determine the target market of the future homeowners. The Director of Community Development George Ruther and Vail Housing Manager Alan Nazzaro took a few minutes to provide council with a quick overview of 1) the existing deed restriction housing inventory, 2) the gap and affordability faced by respective homeowners, 3) the results of three market studies and 4) an overview of the strategic efforts that have been done today to make affordable housing on the Chamonix site a reality. It was explained the Affordability Gap is defined as the difference between the price the average household can afford to pay for a home and the median price of the housing market. A typical family would need to earn more than three times their current income to be able to afford the typical free market home in Vail. An analysis was done on Area Median Income (AMI) and affordability. The amount of subsidies required to make units affordable in Vail would range from $28,500 per unit for a 615 square foot unit to $220,000 for a 1,800 square foot unit. They noted the market studies recommended focusing on wide range of buyers creating diversity and variety within the project, size of units and types Special Town Council Meeting Minutes of January 12, 2016 2/2/2016 of units, affordability and who the buyer is going to be, the desirability and market ability. The Chamonix Master Plan and the strategic efforts focused on: 100% of the homes deed -restricted, for sale housing Variety of units and size Families 60%-120% AMI and up to 140% Neighborhood block scheme New sidewalk and one story of height along Chamonix Road Will Henshell with 359 Designs presented three studies which balanced out the master plan: a high density study, medium density study and a lower density study. The high density had 71 units and up; the medium density 68 units; and the lower density is 47-50 units. All three studies would be made up of a mixture of 3 -story and 2 -story buildings and fit within the master plan. Council reviewed and answered the questions within the community development memorandum concerning place and people of Chamonix. Highlights from the discussion about a vision for the development included such components as: ✓ Open Space ✓ Garage/Storage ✓ Families ✓ High quality of life ✓ Larger Units Highlight from their discussion about "What is the character of the neighborhood and of the buildings?" included: ✓ Townhome, duplex ✓ Parking ✓ Open green space to connect with people ✓ Private space Highlights from their discussion about "What do you see happening within the Chamonix neighborhood in 5 years? 15 years? 25 years? included: ✓ Mobility within the units — people could move from larger to smaller units and not have to leave the neighborhood Highlights from their discussion about "How is the Chamonix neighborhood integrated into the surrounding area? The community?" included: ✓ Vitality and mirroring the current neighborhood ✓ Families attending Red Sandstone Elementary ✓ Multi -generational ✓ Future community leaders Highlights from their discussion about "What community opportunities or issues are being addressed or solved as a result of people living with the Chamonix neighborhood? What role does the Chamonix neighborhood play in addressing or solved as a result of people living within the Chamonix neighborhood?" included: ✓ Employee housing ✓ Group of employees who currently cannot afford to live here with their families Special Town Council Meeting Minutes of January 12, 2016 2/2/2016 Highlights from their discussion about "What do you want people to say about the Chamonix neighborhood once completed?" included: ✓ It made our community stronger ✓ Looks good — architecture quality Highlights from their discussion about "What is the target market for the development at the Chamonix neighborhood? and Who do you see living in the Chamonix neighborhood?" included: ✓ Demand across the valley ✓ "Missing middle" — doctors, hotel managers, nurses, attorneys, teachers ✓ People who work in Vail have a greater chance to own ✓ Bring people back And finally comments to the following questions were provided: Where do the future owners within the Chamonix neighborhood currently reside? ✓ In Vail Where are the future owners primarily employed in Vail? Down Valley? Both? ✓ In Vail What are their likely occupations? ✓ Hotel Managers, Doctors, mix of community Are they primarily employed full time? Part time? Seasonal? ✓ Full time Mayor Chapin opened the discussion for public comments. ■ Brian Rodine was looking for housing continuity. He would also like to have ample storage. ■ Ellen Katz has lived here 15 years and thinks Chamonix is great! Her children currently attend Red Sandstone Elementary, but they live in Edwards. Katz felt this would be a great opportunity for families. ■ Elyse Howard thinks it's a great opportunity and hopes there will be a wide range of incomes considered. ■ Herman Staufer suggested building as many units as possible, then sell units back to the businesses to be used as employee housing. ■ Nina Landes lives and works in Vail and wants to stay in Vail. She was a disappointed to hear the council is only considering families for the Chamonix development. Public comment closed. Council thanked the citizens for coming to the meeting. The third item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed unanimously, (6-0) and the meeting adjourned 8:00 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Tammy Nagel, Deputy Town Clerk Special Town Council Meeting Minutes of January 12, 2016 2/2/2016 TOWN OF VAIL � Memorandum TO: Vail Local Housing Authority FROM: Community Development Department DATE: January 26, 2016 SUBJECT: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Lot 2, Timber Vail Subdivision also known as 1592 Matterhorn Circle in exchange for a fee in lieu payment for 1,000 square feet pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: Lee and Olga Payne Housing Coordinator: Nina Timm DESCRIPTION OF REQUEST The applicant, Lee and Olga Payne, are proposing to exchange a deed restriction from an existing 500 square foot employee housing unit located at 1592 Matterhorn Circle for a fee in lieu payment for 1,000 square feet. The Employee Housing Unit Deed Restriction Exchange Program requires 1592 Matterhorn Circle to use a square foot multiplier of two pursuant to 12-13-5D, General Requirements, Vail Town Code. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; and The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in Section 12-23-3 of this title; and Town of Vail 2/2/2016 The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 3. The effect of any homeowners' association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 4. The correlation between any homeowners' association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners' association; and The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 5. The extent to which the exchange 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 The proposed fee in lieu payment for the exchange will be for double the square feet of the existing deed restricted employee housing. Therefore, the exchange 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. 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed exchange will not change the existing harmonious, convenient, workable relationship among land uses consistent with municipal objectives. 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Staff believes the proposed exchange complies with the applicable requirements of the Town's zoning regulations and is therefore consistent with this criterion. IV. RECOMMENDATION The Community Development Department recommends the Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the proposed employee housing unit deed restriction exchange based upon a review of the Town of Vail Page 2 2/2/2016 criteria and findings as outlined in this memorandum and the evidence and testimony presented. Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority pass the following motion: "The Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the release of a deed restriction from an existing 500 square foot employee housing unit located at Lot 2, Timber Vail Subdivision also known as 1592 Matterhorn Circle in exchange for a fee in lieu payment for 1,000 square feet, pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code and setting forth details in regard thereto." Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority make the following findings: "Based upon the review of the criteria outlined in Section 11 of the January 12, 2016, staff memorandum and the evidence and testimony presented the Vail Local Housing Authority finds: 1. The application meets the general requirements of subsection D of Section 12- 13-5, Vail Town Code; 2. The application 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; 3. The application furthers the general and specific purposes of the zoning regulations, Section 12-1-2, Vail Town Code and the employee housing regulations of Section 12-13-1, Vail Town Code; and, 4. The application 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. " V. ATTACHMENT A. Applicant's Request Town of Vail Page 3 2/2/2016 rowN ofvain Memorandum To: Vail Town Council From: Community Development Department Date: February 2, 2016 Subject: 12-13-5: Employee Housing Unit Exchange Program — A request authorizing the Town Manager to execute a release of a deed restriction from an existing employee housing unit located at Lot 2 Timber Vail Subdivision/1592 Matterhorn Circle I. HOUSING AUTHORITY RECOMMENDATION The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the proposed exchange of an employee housing unit located at Lot 2 Timber Vail Subdivision/1592 Matterhorn Circle in exchange for a fee in lieu payment for 1,000 square feet. The current fees in lieu amount is $134.65 per square foot. Based on that, the fees in lieu due is currently $134,650.00. The Vail Local Housing Authority recommends the following motion be made: "The Vail Town Council authorizes the Town Manager to execute a deed restriction release and approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Lot 2 Timber Vail Subdivision/1592 Matterhorn Circle, in exchange for a fee in lieu payment for 1,000 square feet, and setting forth details in regard thereto. " III. ATTACHMENT A. Staff Memorandum dated January 26, 2016. 2/2/2016 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February2, 2016 ITEM/TOPIC: Town Manager's Report 1) Follow up discussion and direction about Vail Commons Rent and Percentage Payment 2) Town Council Retreat Follow up PRESENTER(S): Stan Zemler, Town Manager ATTACHMENTS: Vail Commons Land Lease Payment Memorandum Memo Council Retreat Follow up 020216 2/2/2016 rowN ofvAi� Memorandum To: Vail Town Council From: Stan Zemler, Town Manager Alan Nazzaro, Housing Manager Date: February 2, 2016 Subject: Vail Common Land Lease Payment The Council asked that we look into the Vail Common's rent/lease payment. Several owners who spoke at the meeting in January requested TOV consider foregoing this obligation or dedicate it to a capital fund to be used by the HOA. KEY CONSIDERATIONS: • The agreement was entered into in 1995. • TOV continues to own land; purchased by the Town for $3,125,818 in May 1993. • Currently both commercial and residential lease payments are required; the commercial lease term and associated payments are for 49 -years and the residential lease term and payments for 99 -years. • There were 53 condominium units built in the residential portion and sold to qualified owners. The developer chosen by City Market, Warner Developments, constructed and sold 53 residential condominiums to purchasers identified by the Town of Vail. The Town of Vail did not set the original sale prices. • The residential unit deed restriction includes a price cap with a maximum 3% simple interest limit on annual appreciation and fifteen % for allowed capital improvements. • A subsidy in the deal is a long-term land lease for 99 years for the residential portion, paid back by each unit's quarterly HOA fees. • An analysis of sales data show that the units at Vail Commons have maintained their affordability over time because of the price cap. These units have always garnered the maximum allowed appreciation price upon resale. The term "affordable" herein describes the highest price possible for a household, in order not to exceed 30% of their gross income for mortgage principal, homeowner's insurance, taxes, and HOA fees. The calculations also include enough leeway to allow for Private Mortgage Insurance if needed. Our analysis of the sales of units in Vail Commons over the last six years (2010-2015) shows that even the most expensive of the Vail Commons Units (3 -bedroom, 1891-1975 sq. ft.) are affordable to four -person households at 90% of AMI ($77,580) and above and to three-person households at 100% of AMI ($77,600) and above. This assumes a 5% down payment and a 5% interest rate. If households 2/2/2016 pay a higher down payment or obtain a lower interest rate, these prices are affordable to a wider range of AMIs. Our analysis also shows that the majority of units sold over the last six years are still affordable to a much wider range of AMI households all the way down to 2 and 1 -person households at 80 % ($55,200) and 90 % ($54,360) of AMI, respectively and 3 and 4 -person households at 70% ($54,320) and 60% ($51,720) of AMI, respectively. If the Town Council chooses to forgive the residential land lease payment obligation, Council would be required to find a "public purpose" for ending the payment. Article 11 of the Colorado Constitution disallows private individuals or corporate entities from directly benefitting from public expenditures without a stated public purpose. Concerning the use of this lease payment for capital improvements, the Council could choose to continue requiring the lease payment, but it could be earmarked for exterior improvements at the Commons. For example, the Town could allow the HOA to apply for projects that would be approved by the Town's Housing Manager. This concept would need more vetting if chosen. This required lease payment does differ from some of the Town's other projects. Each of these developments are negotiated based on their particular circumstance and timing. The staff see's no compelling reason to eliminate the obligation which was assumed by each owner in Vail Commons at the time of purchase. Town of Vail Page 2 2/2/2016 rowN ofvain Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: February 2, 2016 Subject: Council Retreat Follow up Discussion Please find attached a draft document that outlines the list of council priorities identified during the Council Retreat on December 15, 2015, see column B. In addition, columns C and D further identify the lead department for the topic and the related "Focus Area" from the current action plan. Column F, labeled proposed action, is provided in an effort to describe if there is a current associated work program and/or the need for further review of the topic in order to propose new work plan/s. These updates were drafted by the departments. 2/2/2016 COUNCIL ACTION PLAN TOPICS (2016-2017) identified during Council Retreat Dec 15, 2015 TOPICS IMPORTANT TO COUNCIL DEPT. FOCUS AREA STATUS UPDATE Civic engagement MGMTTeam Balanced Community Annual Community Meeting—March 8 2016 Community Survey— March/April; report out June 2016 Employee outreach — March/April; report out June 2016 Neighborhood picnics — summer 2016 to include TOV 50th Anniversary Ceremony in August Part-time homeowner outreach — to be designed with Town Council input Millennial outreach and related research — to be designed with Town Council input Public outreach — Chamonix housing buyers forums, Vail 1-70 Underpass communications, Municipal site, pickleball court improvements Ongoing— activities, events, partnerships and outreach activities by Public Library to bring in new patrons Police Civic Engagement includes the following programs: Community Awareness Program training, February 4, 2016 Eagle County Law Enforcement Immigrant Advisory Committee meetings monthly Colorado Peace Officers Ski Race, March 11, 2016 Coffee with a cop, April 4, 2016 Special Olympics Law Enforcement Torch run, May 17, 2016 Public Safety Ride in Remembrance, May 20, 2016 50th Anniversary of VPD, Sept 2016 Citizen's Police Academy, Fall 2016 Food Drive, Oct 2016 Shop with a Cop, December 2016 Current and emerging trends EcDev Economic Focus Review RRC Reports from 2015 and 2016; Review VLMD 2016 Strategic Pla Study Opportunities for Multi Use Facility EcDev / PW Economic Focus Inventory & Current Facilities: EcDev Staff has complied list of current inventory in Vail and Peer Resorts for EE Facilities EcDev Staff has also complied list of what event promoters say is missing in Vail Focus on Arts EcDev Quality Experience Work with AIPP, local arts organizations and event promoters to focus on visual arts Iconic Events EcDev Quality Experience Work with CSE, Council and staff to determine criteria for iconic events and next steps TIF Plan Fin/PW Economic Focus Wildfire Management Fire Quailty Experience Intermountain fuel reduction Project -Implementation beginning fall 2016 - pending USFS Record of Decision and funding by Town Council Deer Underpass fuel reduction project summer 2016 Complete Buffehr Creek fuel reduction project Report on alignment of design standards and defensible space guidelines -spring 2016 Report on defensible space status of Town owned buildings spring 2016 Fire Adapted Communities public education outreach spring/summer 2016 Assessment of defensible space at the parcel level summer 2016 Draft Council Action Plan Topics 2016-2017 2/2/2016 1/28/2016 Page 1 COUNCIL ACTION PLAN TOPICS (2016-2017) identified during Council Retreat Dec 15, 2015 TOPICS IMPORTANT TO COUNCIL DEPT. FOCUS AREA STATUS UPDATE Professional workforce "Vail Way" HR Quality Experience Reinforce the Vail Brand & Values in orientation, training and employee communication Continue Guest Service initiatives including Random Acts of Kindness Community Leadership Academy (TOV, Eagle Cty, ERWSD & Vail Centre partnership) Technology Strategic Plan IT Master Planning Develop and refine a working IT Strategic Plan. Work with Town of Vail Departments and Town Council to ensure the plan meets both the short and long term goals / vision of the organization. We have both shared and department specific systems which need to be defined, but also public facing systems where council will need to weigh in to help us develop and refine the strategic plan. These include the public cellular and Wi Fi systems, camera systems, VMS systems, parking systems, broadband service providers, website development / enhancements ( including apps ), council technology ( iPads, presentation displays, Channel 10 ), new building / IT data center. We have already begun the base work but will need to have many in-depth discussions. Our timeline for developing the strategic plan has not yet been specified for 2016, more to come. Safety / Evacuation Plans Police Quality Experience Update evacuation plan add a reentry portion, do public education in June 2016, exercise plan with eastern Eagle County fire and law agencies in summer 2016 1-70 Noise — Continue speed enforcement efforts on 1-70 spend over 900 hours of enforcement time and write over 300 citations and give over 600 warnings during 2016 1-70 Noise Police / PW Environ Quality Continue speed enforcement efforts on 1-70 spend over 900 hours of enforcement time and write over 300 citations and give over 600 warnings during 2016 Trails Plan PW Beginning in the first quarter of 2016 with periodic meetngs with the Town Council and various stakeholder groups through out the county. Parking & Pedestrian Enhancement Plan PW Parking Beginning in the first quarter of 2016 with internal staff meetings, to include both operational plan preparation as well as short term (2016) and long term capital project requests Managed Parking Program PW Parking Data and input is being gathered this ski season through various methods to further define the discussion town Council and public with regard to parking both winter and summer. Update Transportation Master Plan PW Master Planning Beginning in the first quarter of 2016 and taking 6-8 months. There will be public sessions with the PEC, public and Town Council. Summer EPIC Discussion about impacts MGMTTeam Economic Focus Quality Experience Chamonix Housing ComDev Housing Housing Strategic Plan Update ComDev Housing Regional Opportunities ComDev Housing Land Analysis ComDev Housing Gore Creek Plan ComDev Environ Quality Update Strategic Environmental Plan ComDev Environ Quality Vail Nature Center Plan ComDev Master Planning Civic Area Plan ComDev Master Planning West Vail Plan ComDev Master Planning Draft Council Action Plan Topics 2016-2017 2/2/2016 1/28/2016 Page 2 COUNCIL ACTION PLAN TOPICS (2016-2017) identified during Council Retreat Dec 15, 2015 TOPICS IMPORTANT TO COUNCIL DEPT. FOCUS AREA STATUS UPDATE Reform around redevelopment ComDev Balanced Community Balance regulations ComDev Balanced Community Municipal Services MGMT Team Quality Experience UBR, RBO, AirBB MGMT Team Quality Experience Plan for Vail Resorts Inc Funding of $4.3 M TM Parking Discuss balanced community TM Balanced Community Red Sandstone Plan TM Balanced Community Best Practices Peer Resorts TM Economic Focus Regional Plan TM Master Planning CAPITAL PROJECTS PW PENDING PROJECTS 2016: Vail Golf Clubhouse Project Vail 1-70 Underpass Municipal Building Redevelopment Booth Creek Park Improvements East Vail Fire Station Pickle ball courts Lionshead Skate Park Bridges & streetscape improvements Ski Museum improvements Ford Park: lower bench improvements Vail Nature Center improvements Vail Valley Medical Center Phase II Vail Trails Program Implementaoni Draft Council Action Plan Topics 2016-2017 2/2/2016 1/28/2016 Page 3 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February2, 2016 ITEM/TOPIC: Review of the aesthetic alternatives developed for the new Bridge Road Structure over Gore Creek. PRESENTER(S): Chad Salli, Project Engineer ACTION REQUESTED OF COUNCIL: Staff is asking the Council to either endorse the staff preferred alternative or to provide direction towards one of the other alternatives. BACKGROUND: The Town has received a federal bridge replacement grant to replace the existing Bridge Road structure with a new bridge. The existing structure has had to be closed numerous times over the years for safety concerns as debris has created a blockage in one or multiple culverts and the waters of Gore Creek have overtopped the pavement. The new structure will completely span the creek minimizing the possibility of future overtopping, and provide additional clearance for boaters. Construction is scheduled for fall 2017. Loris and Associates, contracted by the Town, has developed four aesthetic alternatives for the new structure. STAFF RECOMMENDATION: Based on public feedback staff recommends proceeding to the Design Review Board with option C. Through the DRB process the aesthetic treatments will be finalized and the design team will continue to work on minimizing disturbance to adjacent properties and Gore Creek. ATTACHMENTS: Bridge Road Council Memorandum 2/2/2016 I(IM VAIL � Memorandum To: From: Date: Subject Vail Town Council Department of Public Works February 2, 2016 Bridge Road Over Gore Creek Aesthetics BACKGROUND The Town has received a Federal bridge replacement grant to replace the existing Bridge Road structure with a new bridge. The existing structure has had to be closed numerous times over the years for safety concerns as debris has created a blockage in one or multiple culverts and the waters of Gore Creek have overtopped the pavement. The new structure will completely span the creek minimizing the possibility of future overtopping, and provide additional clearance for boaters. Construction is scheduled for fall 2017. PROPOSED ALTERNATIVES Loris and Associates, contracted by the Town, has developed four aesthetic alternatives for the new structure. (See attached) Option A Traditional bridge rails with focal columns at the bridge abutments. Options B and C Bridge rails with arch elements taking into consideration the concrete arches around the existing culverts. Option D An arch span over the creek. All bridge options will have similar span lengths across Gore Creek minimizing as much as possible disturbance to the adjacent creek banks. One option does not provide any less disturbance than the other. All exposed concrete is proposed to have a colored structural coating, browns and tans. Options A, B and C are traditional pre -cast girder with cast in place concrete abutments and bridge deck construction. Option D is a pre -cast arch structure which is then backfilled with soil and an asphalt roadway surface. Approximately 3-5 weeks of 2/2/2016 construction time is saved utilizing this method by not having to form and pour abutments and bridge deck. There is not much of a difference in the overall project cost with any of the four options. Options B and C are approximately $20,000 and $25,000 more than option A. Option D is approximately $25,000 less than option A. The overall project budget for design/construction is $1.3 million. A comment in 2015 from the recreational community to maximize the clearance of the bridge during high water would be best accomplished by the traditional bridge options (A,B,C) vs the arch structure (D). The arch structure has a greater clearance at the center of the creek but much less at the banks. Currently the design criteria for the bridge clearance during high water is 1' above the water surface elevation during a 100 yr storm event. III. PUBLIC FEEDBACK On January 7, 2016 the four aesthetic alternatives were mailed to the neighborhood requesting input. To date, staff has received comment from 10 residences with residences with 6 votes for Option C, 2 for Option B, and 1 vote for Option A and D. The resident nearest the bridge prefers option D with its smaller structural section and shorter construction duration. Other comments submitted to staff: "our first choice would be option C, followed by option B." "First -Option C, Second -Option B, Third -Option A, And last and least desirable, Option D. The creek is beautiful and having a bridge with architectural embellishments will make it all the more special to look at." "The concrete simple arch has an appeal but it reminds me of the LA storm sewer overpasses ... Too industrial and efficient for quaint Vail I believe" "We really like options A & C. Option B is ok, and we really don't like Option D at all -- it would look really out of place with the setting." "We like Option B and then Option C" "Option 3 (C) is my least favorite by far -looks like a mini version of a railroad bridge in St Louis" IV. STAFF RECOMMENDATION Based on public feedback staff recommends proceeding to the Design Review Board with option C. Through the DRB process the aesthetic treatments will be finalized and the design team will continue to work on minimizing disturbance to adjacent properties and Gore Creek. Town of Vail Page 2 2/2/2016 Option A .110CEN PLAN9C CONCRETE FORM LINER (TYR) (Fitzgerald 15939( PRECAST CAP ,/— 57RCUTURALCONCREiE COATING (TYP.) MINNESOTA COMBINATION BRIDGE RAIL, DESIGN N3 (PAINT FINISH) OPTION A BRIDGE ROAD BRIDGE, VAIL, CO De l-,3.,2015 DRAFT Town of Vail PRECASTCAP CAST - IN - PLACE CAP 4'X3' I'X 2' REVEAL COLUMN 4'-D" 6'-0' SCALE 1-5' Page 3 2/2/2016 Option B "FLUTED RIR" CONCRETE FORM LINER MR) )FlI,Wrald 143101 CAST - IN - PLACE CAP WITH 3"REVEAL a 11T COLUMN Elm Option C BOARD -FORMED CONCRETE FORM LINER STRCUTURALCONCRETE COATING ITYP.)CORTEN STEEL F- ARCH +1-6° CORTEN STEEL CALIFORNIA ST -10 ARCH, /-B" BRIDGE RAIL _ WAINTFINISH STRC UTU RA L CONCRETE - � l/j•~ — —rl STALE I"=5' OPTION B BRIDGE ROAD BRIDGE, VAIL, CO December 3, 2015 DRAFT CALIFORNIA ST -10 BRIDGE RAIL (PAINT FINISH) I�s�� ■�s�e�e����>t��dlAlfial��1„�pf v �—STRCUTURAL CONCRETE _- OPTION C BRIDGE ROAD BRIDGE, VAIL, CO D-1-3,2015 DRAFT Town of Vail STRCUTURAL CONCRETE COATING (TYP.) 4'X4' COLUMN OR LIGHT 3' X 3' r COLUMN 1 NEIGHBORHOOD ]' 1D51GN)TYR) , © 1 Page 4 2/2/2016 Option D w - S" - " Town of Vail Page 5 2/2/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February2, 2016 ITEM/TOPIC: Enhancement of activities for final week of ski season PRESENTER(S): Kelli McDonald, Economic Development Manager ACTION REQUESTED OF COUNCIL: Staff request Council review enhancement activities presented for the last weekend of ski season and direct staff on next steps. BACKGROUND: At the Council meeting on January 19, 2016, the Town Council requested staff research opportunities for additional activations during the final week of ski season to drive increased overnight guests and vitality. ATTACHMENTS: 2016 End of Season Activation Memorandum 2/2/2016 TOWN OF 75 South Frontage Road West Vail, Colorado 81657 vailgov.com To: Vail Town Council From: Economic Development Staff Date: February 2, 2016 Economic Development Office 970.479.2454 970.479.2157 fax Subject: Enhancement of activities for the final week of the ski season to increase visitation, vitality and economic impact. Item/Topic: At the meeting on January 19, 2016 the Town Council requested that the staff research opportunities for additional activation during the final week of ski season to drive increased overnight guests and vitality. In addition, this activation would provide a more celebratory finish to another season of Vail's world class skiing and riding. The Economic Development Staff has investigated opportunities and present the following options below. Some or all of these programs could be implemented concurrently or independently, and are contingent on budget approval and ownership of the programs by specific entities in the community, i.e. local event producers or the VCBA. Background: At their meeting on Tuesday, December 2nd, 2015 the CSE presented the Town Council with the calendar of events for 2016 that received public funding. The Council affirmed the CSE's decisions. Spring Back to Vail, in particular, was noted as it had been restructured as a smaller, and more community oriented, single day celebration of the end of the season. Reasons for this included: • Vail Resorts, who owns the event, determined that their event and marketing dollars would deliver better returns during "off-peak" periods earlier in the season when target guests are more likely to come for the quality of experience, and potentially return yet this year. Hence, CarniVail, the Vail -style Mardi -Gras celebration and Fat Tuesday parade, returns February 6-9. • Following the last two years of the event, there was input expressed to the Town Council by some community members and businesses that the Spring Back to Vail concerts in the village did not attract the demographic that brings positive benefit to the community. There was concern that the major concerts had become a liability. Providing activities on closing day that promote a festive atmosphere while encouraging all snow sliders to come off the mountain safely and early in the day and enjoy the party at Golden Peak featuring music, food, and Pond Skimming. • Current activities planned include a day of action including the World Pond Skimming Championships, DJ, sponsor Expo Village, an on -mountain luau, apres parties and giveaways from 1:30-5pm at Golden Peak... 2/2/2016 Description of Additional Programs/Promotions for consideration: 1. Option 1: Spring Back to Vail Concert Addition: Council requested that staff look into adding concerts and expanding the dates of the Spring Back to Vail event scheduled for Sunday, April 10 with a goal of driving additional overnight visitation to the last weekend of the ski season. Staff contacted Highline Sports and Entertainment for their input. The recommendation is to host concerts on Friday, April 8 and Sunday, April 10 in Checkpoint Charlie or Solaris Plaza, depending on the talent, with artists at the level to attract overnight guests. Saturday night is not recommended as it would compete with the already scheduled concert in Breckenridge by Michael Franti. The list of bands they would pursue includes the following: • Chris Robinson/Black Crowes • American Authors • Grace Potter • Ziggy Marley • Lukas Nelson • Nathaniel Rateliff • Sturgill Simpson • Leftover Salmon • Wallflowers • Stephen Marley • Soja An estimated total cost is $125,000 for both concerts all inclusive. Staff would contact Vail Resorts to assist in marketing under the Spring Back to Vail umbrella. Estimated total attendance would be 5,000 per concert. 2. Vail Film Festival Enhancements: Consideration: Dates for the 2016 Vail Film Festival are April 7-10. The decision to move to these dates was determined in light of the information that there would be no major concerts in the village. Additionally, they will be utilizing at least one of the screening rooms in Cinebistro, which would most likely be impacted by a Solaris Concert, both from a sound and crowd perspective. Film Tent at Solaris (Cost: $30K) • Daily screenings of Virtual Reality films and Virtual Reality immersion experiences (Symphony, Cirque du Soleil, Walking with dinosaurs). • Nightly family films on Friday/Saturday with skating and hot chocolate by the rink. Town of Vail Page 2 2/2/2016 3. Retail and Restaurant Promotional Activation: Vail Chamber and Business Association Spring Back Business Block Party: Individual businesses will provide retail promotions of their choice. All promotions would be compiled in advance to market to the public. Individual businesses will be encouraged to create ambient entertainment in their stores/mini store events, i.e. offering hot chocolate, DJ, lounge seating outside their store, racks will be allowed in front of stores in accordance with Town of Vail permit guidelines. In addition, produce a window sticker for stores to display if they are a part of the promotion. Spring Back Restaurant Promotions: Businesses will be encouraged to offer a consistent promotion of their choice for that weekend. Information will be compiled in advance for marketing purposes and a window sticker will be provided for display Costs for the above ideas would include conceptualization/implementation, marketing, communication, advertising and printing of window stickers. Proposed budget: $5,000. Action Requested of Council: Review enhancement activities presented for the last weekend of the ski season and direct staff on next steps. Town of Vail Page 3 2/2/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February2, 2016 ITEM/TOPIC: Second reading of Ordinance No. 1, Series of 2016, An Ordinance Amending the Definition of Short -Term Rental in the Vail Town Code PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2016, upon first reading. BACKGROUND: Section 12-2-2 of the Vail Town Code defines a short-term rental as a rental for a period of time not exceeding 31 days. Section 4-1-2 of the Vail Town Code defines short-term rental as a rental for a period of time not exceeding 30 days. The Town Council desires to amend Section 12-2-2 to ensure consistency in the Vail Town Code. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2016, upon first reading. ATTACHMENTS: Ordinance No. 1 Series of 2016 2/2/2016 ORDINANCE NO. 1 SERIES 2016 AN ORDINANCE AMENDING THE DEFINITION OF SHORT-TERM RENTAL IN THE VAIL TOWN CODE WHEREAS, Section 12-2-2 of the Vail Town Code defines a short-term rental as a rental for a period of time not exceeding 31 days; WHEREAS, Section 4-1-2 of the Vail Town Code defines short-term rental as a rental for a period of time not exceeding 30 days; and WHEREAS, the Town Council desires to amend Section 12-2-2 to ensure consistency in the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as follows: SHORT TERM RENTAL: Shall be deemed to be a rental for a period not exceeding thirtyons (30) days. Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. Retroactivity. 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 4. Repeal. 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 January, 2016 and a public hearing for second reading of this Ordinance is set for the 19th day of January, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 1, Series of 2016 2/2/2016 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING, AND ORDERED PUBLISHED IN FULL this 2nd day of February, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 1, Series of 2016 2/2/2016 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February2, 2016 ITEM/TOPIC: First reading of Ordinance No. 3, Series of 2016, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. PRESENTER(S): Jonathan Spence, Planner ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 3, Series of 2016, upon first reading. BACKGROUND: The applicant is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive , Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District. The boundary amendment will provide a zoning more suitable for the project and allow appropriate redevelopment/expansion consistent with the Medium Density Multiple -Family District. It is anticipated that a Design Review Board (DRB) application for an addition to Unit E, the easternmost unit in the building, will be submitted subsequent to a successful rezoning of the property STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Council approve on first reading Ordinance No. 3, Series of 2016, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District ATTACHMENTS: Staff Memorandum Ordinance No. 3. Series of 2016 PEC Memorandum 12-14-2015 with att. December 14, 2015 PEC Results 2/2/2016 0) rowN of vain Memorandum TO: Vail Town Council FROM: Community Development Department DATE: February 2, 2016 SUBJECT: First reading of Ordinance No. 3, Series of 2016, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC150034) Applicant: Garmisch Townhomes, represented by Triumph Development LLC Planner: Jonathan Spence SUMMARY The applicant, Garmisch Townhomes, represented by Triumph Development, LLC, is requesting a first reading of Ordinance No. 3, Series of 2016 for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive, Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple - Family District. II. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On December 14, 2015, the Planning and Environmental Commission recommended the Vail Town Council approve, Ordinance No. 3, Series of 2016, upon first reading, with a vote of 3-1-0, (Gillette opposed), with no conditions. Commissioner Gillette's opposition stemmed from a consideration that the Low Density Multiple -Family District (LDMF) might be a more appropriate fit then the Medium Density Multiple -Family District (MDMF). The two districts differ primarily in allowable Gross Residential Floor Area (GRFA) with the MDMF allowing 56% of the buildable site area while the LDMF allows 44% of the buildable site area as the basis for allowable GRFA. This recommendation was based upon the review of the criteria outlined in Section VII of the December 14, 2015 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. 2/2/2016 III. ZONING DISTRICT STANDARDS COMPARISON The following table compares the development standards of the Two -Family Primary/Secondary Residential (PS) District and the Medium Density Multiple -Family (MDMF) District. Development P/S MDMF Standard Standard Minimum Lot Size 15,000 sq. ft. 10,000 sq. ft. Minimum Setbacks Front: 20 feet Front: 20 feet Lot Size Side: 15 feet Side: 20 feet Complies Rear: 15 Feet Rear: 20 Feet Maximum Height Flat Roof: 30 feet Flat Roof: 35 feet Side (North): 21 feet Sloped Roof: 33 feet Sloped Roof 38 feet Maximum Dwelling 2 DU + 1 Type II EHU per site 18 units per acre units Rear: 90+ Feet GRFA 46% for 1't 10,000 sq. ft. 56% of Buildable Site 35 feet 38% for 2nd 5,000 sq. ft. Area 13% for 3rd 15,000 sq. ft. Sloped Roof: 38 feet 6% in excess of 25,000 sq. ft. 5 units Site coverage 20% 45% maximum du/acre) Minimum Landscaping 60% 30% Required Parking Per Sec. 12-10 Per Sec. 12-10 The table below compares the existing conditions on the Garmisch Townhomes site to what is permitted/ required on the same site with the Medium Density Multiple -Family (MDMF) District standards. Lot 15, Block G, Vail das Schone Filing 2 Development Existing MDMF Complies? Standard (Permitted/ required Lot Size 26,013 sq. ft. 10,000 sq. ft. Complies Minimum Setbacks Front: 0 feet Front: 20 feet Legal Nonconforming Side (North): 21 feet Side: 20 feet Complies Side (South): 5 feet Side: 20 feet Legal Nonconforming Rear: 90+ Feet Rear: 20 Feet Complies Maximum Height 35 feet Flat Roof: 35 feet Complies Sloped Roof: 38 feet Maximum Dwelling 5 units 10.75 units (18 Complies units/acre du/acre) GRFA 9,965* 14,567 sq. ft. Complies Permitted Site coverage 4,200 sq. ft. or 16% 11,706 sq. ft. or 45% Complies maximum (Permitted) Town of Vail Page 2 2/2/2016 Minimum Landscaping 18,300 sq. ft. or 70% 7,804 sq. ft. or 30% (Required) Complies Required Parking 12 spaces 10 spaces Complies (Required) Parking Location One half of required One half of required Complies parking enclosed. parking enclosed. No parking No parking permitted Legal Nonconforming permitted in the front in the front setback setback (20') (20') * GRFA will be verified at time of Development Application submittal. IV. ACTION REQUESTED OF THE TOWN COUNCIL Should the Vail Town Council choose to approve Ordinance No. 3, Series of 2016, upon first reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves Ordinance No. 3 Series of 2016, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. " Should the Vail Town Council choose to approve Ordinance No. 3, Series of 2016, the Community Development Department recommends the Council makes the following findings: ""Based upon the review of the criteria outlined in Section Vll of the Staff memorandum to the Planning and Environmental Commission dated December 14, 2015 and the evidence and testimony presented and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. 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 Town of Vail Page 3 2/2/2016 natural environment and its established character as a resort and residential community of the highest quality." V. ATTACHMENTS A. Ordinance No. 3, Series of 2016, with attachments B. PEC Memorandum, dated December 14, 2015, with attachments C. December 14, 2015, PEC meeting results Town of Vail Page 4 2/2/2016 ORDINANCE NO. 3 SERIES OF 2016 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF LOTS 15-A THROUGH 15-E, GARMISCH TOWNHOUSES, FROM TWO-FAMILY PRIMARY/SECONDARY DISTRICT TO MEDIUM DENSITY MULTIPLE -FAMILY DISTRICT, LOCATED AT 2308 GARMISCH DRIVE, LOT 15, BLOCK G, VAIL DAS SCHONE FILING 2, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); and, WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and, WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; and, WHEREAS, the subject property, described in Exhibit A attached hereto and incorporated herein by this reference, (the "subject property"); and, WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail; and, WHEREAS, the purpose of the amendment is to provide a zoning designation more appropriate for the subject property; and, WHEREAS, on December 14, 2015, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the subject property from Primary/Secondary District to Medium Density Multi -family District; and, WHEREAS, on December 14, 2015, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the zone district boundary amendment; and, WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, Ordinance No. 3, Series 2016 -1- 2/2/2016 WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with Section 12-3-7c1 b(2) of the Vail Town Code, specifically that the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and WHEREAS, the Vail Town Council finds and determines that the amendment promotes 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. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A : A rezoning, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary 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. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause Ordinance No. 3, Series 2016 -2- 2/2/2016 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 amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of February, 2016, and a public hearing for second reading of this Ordinance set for the 16th day of February, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk Ordinance No. 3, Series 2016 -3- Dave Chapin, Mayor 2/2/2016 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of February, 2016. ATTEST: Patty McKenny, Town Clerk Ordinance No. 3, Series 2016 m Dave Chapin, Mayor 2/2/2016 Zone District Amendmen Vail Das Schone Filing 2, Block G, Lots 15A - 15E (Garmisch Townhouses) 238 Garmisch Drive 4 125 250 Td" Wc"LL' Ordinance No. 3, Series 2016 -5- 2/2/2016 TOWN OF 7L` Memorandum To: Planning and Environmental Commission From: Community Development Department Date: December 14, 2015 Subject: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC150034) Applicant: Garmisch Townhomes, represented by Triumph Development LLC Planner: Jonathan Spence I. SUMMARY The applicant, Garmisch Townhomes, represented by Triumph Development, LLC, is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive, Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, to the Vail Town Council, for a zone district boundary amendment, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive , Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District. The boundary amendment will provide a zoning more suitable for the project and allow appropriate redevelopment/expansion consistent with the Medium Density Multiple -Family District. It is anticipated that a Design Review Board (DRB) application for an addition to Unit E, the easternmost unit in the building, will be submitted subsequent to a successful rezoning of the property. 2/2/2016 The applicant has supplied a narrative dated November 18, 2015 that is included as Attachment A. Staff has received no correspondence from property owners in the vicinity concerning the proposed rezoning at the time of the preparation for this memorandum. III. BACKGROUND The subject site was platted as Lot 15, Block G of Vail das Schone Filing #2 in Eagle County in 1969. The Garmisch Townhomes were approved and constructed in 1976/1977 and platted as a Minor Subdivision in Eagle County in 1978. The property was annexed into the Town of Vail in October of 1986 and subsequently zoned Two - Family Primary/Secondary Residential (PS). The application of the Two -Family Primary/Secondary Residential (PS) resulted in the property becoming legal nonconforming in terms of dimensional and development standards. The areas of nonconformity include use, density, height and setbacks. Improvements to the property since annexation have been confined to repainting and reroofing. No increases in Gross Residential Floor Area (GRFA) have been permitted due to the existing non conformities. IV. APPLICABLE PLANNING DOCUMENTS A. Town of Vail Land Use Plan Chapter II — Land Use Goals and Policies (In Part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Town of Vail Page 2 2/2/2016 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. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 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. 5.3. 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 market place 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. B. Title 12, Zoning Regulations, Vail Town Code (in part) Chapter 12-1: Title, Purpose and Applicability 12-1-2: Purpose: A. General: These regulations are enacted for the 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 manner that 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 for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. Town of Vail Page 3 2/2/2016 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen 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 12-6D Two -Family Primary/Secondary Residential (P/S) District 12-6D-1: Purpose: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two- family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-2: Permitted Uses: The following uses shall be permitted: Employee housing units, as further regulated by chapter 13 of this title. Single-family residential dwellings. Two-family residential dwellings. 12-6D-3: Conditional Uses: Town of Vail Page 4 2/2/2016 The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 12-6D-4: Accessory Uses: The following accessory uses shall be permitted: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of section 12-14-12 of this title. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family and two-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6D-5: Lot Area and Site Dimensions: The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80) on each side, within its boundaries. 12-6D-6: Setbacks: Town of Vail Page 5 2/2/2016 In the primary/secondary residential district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet (15). 12-6D-7: Height: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30'). For a sloping roof, the height of buildings shall not exceed thirty three feet (33). 12-6D-8: Density Control: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14, 000) square feet. B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10, 000) square feet, not exceeding fifteen thousand (15, 000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30, 000) square feet. 2. The secondary unit shall not exceed forty percent (40%) of the allowable gross residential floor area (GRFA). C. Employee Housing Units: Notwithstanding the provisions of subsections A and 8 of this section, a type I employee housing unit shall be permitted on lots of less than fourteen thousand (14,000) square feet in accordance with the provisions of chapter 13 of this title. Any type I employee housing unit existing on or before April 18, 2000, shall not be eliminated unless all dwelling units are demolished, in which case the zoning on the property shall apply. However, an existing type I employee housing Town of Vail Page 6 2/2/2016 unit may be replaced with a type 11 employee housing unit on lots of fourteen thousand (14, 000) square feet or greater. 12-6D-9: Site Coverage: Site coverage shall not exceed twenty percent (20%) of the total site area. 12-6D-10: Landscaping and Site Development: At least sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and length) with a minimum area not less than three hundred (300) square feet. 12-6D-11: Parking: Off street parking shall be provided in accordance with chapter 10 of this title. Article 12-G Medium Density Multiple -Family (MDMF) District 12-6G-1: Purpose: The medium density multiple -family district is intended to provide sites for multiple - family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple -family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6G-2: Permitted Uses: The following uses shall be permitted in the MDMF district: Employee housing units, as further regulated by chapter 13 of this title. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. Town of Vail Page 7 2/2/2016 12-6G-3: Conditional Uses: The following conditional uses shall be permitted in the MDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 12-6G-4: Accessory Uses: The following accessory uses shall be permitted in the MDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6G-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 Town of Vail Page 8 2/2/2016 of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12-6G-6: Setbacks: In the MDMF district, 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). 12-6G-7: Height: For a flat roof or mansard roof, the height of buildings shall not exceed thirty five feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38). 12-6G-8: Density Control: A. Gross Residential Floor Area: Not more than fifty six (56) 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 eighteen (18) dwelling units per acre of buildable site area. 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. B. Exemptions: All projects that have received final design review board approval as of December 19, 1978, shall be exempt from the changes in this section as long as the project commences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. 12-6G-9: Site Coverage: Site coverage shall not exceed forty five percent (45%) of the total site area. 12-6G-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. 12-6G-11: Parking: Off street parking shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) 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 Town of Vail Page 9 2/2/2016 from adjoining properties within a landscaped berm. No parking or loading area shall be located in any required front setback area. V. SURROUNDING LAND USES Land Use Designation Zoning North: Open Space N/A, National Forest South: Medium Density Residential Two -Family Primary/Secondary Residential (PS) East: Medium Density Residential Two -Family Primary/Secondary Residential (PS) West: Medium Density Residential Two -Family Primary/Secondary Residential (PS) VI. ZONING DISTRICT STANDARDS COMPARISON The following table compares the dimensional standards of the Two -Family Primary/Secondary Residential (PS) District and the Medium Density Multiple -Family (MDMF) District. General Development P/S MDMF Standard Minimum Lot Size 15,000 sq. ft. 10,000 sq. ft. Minimum Setbacks Front: 20 feet Front: 20 feet Side: 15 feet Side: 20 feet Rear: 15 Feet Rear: 20 Feet Maximum Height Flat Roof: 30 feet Flat Roof: 35 feet Sloped Roof: 33 feet Sloped Roof 38 feet Maximum Dwelling 2 DU +EHU per site 18 units per acre units/acre GRFA 46% for 1 st 10,000 sq. ft. 56% of Buildable Site 38% for 2nd 5,000 sq. ft. Area 13% for 3rd 15,000 sq. ft. 6% in excess of 25,000 sq. ft. Site coverage 20% 45% maximum Minimum Landscaping 60% 30% Required Parking Per Sec. 12-10 Per Sec. 12-10 Town of Vail Page 10 2/2/2016 VII. The table below compares the existing conditions on the Garmisch with what is permitted/ required on the same site with the Medium Family (MDMF) District standards. Garmisch Townhomes Site Townhomes site Density Multiple- Development Existing MDMF Complies? Standard (Permitted/ required) Lot Size 26,013 sq. ft. 10,000 sq. ft. Complies Minimum Setbacks Front: 0 feet Front: 20 feet Legal Nonconforming Side (North): 21 feet Side: 20 feet Complies Side (South): 5 feet Side: 20 feet Legal nonconforming Rear: 90+ Feet Rear: 20 Feet Complies Maximum Height 35 feet Flat Roof: 35 feet Complies Sloped Roof: 38 feet Maximum Dwelling 5 units 10.75 units (18 Complies units/acre du/acre) GRFA 9,965* 14,567 sq. ft. Complies (Permitted) Site coverage 4,200 sq. ft. or 16% 11,706 sq. ft. or 45% Complies maximum (Permitted) Minimum 18,300 sq. ft. or 7,804 sq. ft. or 30% Complies Landscaping 70% (Required) Required Parking 12 spaces 10 spaces Complies (Required) Parking Location One half of required One half of required Complies parking enclosed. parking enclosed. No parking No parking permitted Legal nonconforming permitted in the front in the front setback setback (20') (20') * GRFA will be verified at time of Development Application submittal. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment is consistent with all 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. Town of Vail Page 11 2/2/2016 Staff finds the proposed rezoning to be consistent with the following goals of the Vail Land Use Plan: 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 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. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds the proposed rezoning to be consistent with the following definition of the Medium Density Residential Land Use Designation: MDR Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/ public uses such as parks and open space, churches and fire stations. Staff finds the proposed rezoning to be consistent with the following general and specific purposes of the Town's adopted Zoning Regulations: 12-1-2: Purpose: A. General: These regulations are enacted for the 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 manner that will Town of Vail Page 12 2/2/2016 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 for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen 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. Staff finds the proposed rezoning to be consistent with the following purpose of the Medium Density Multiple -Family (MDMF) District identified in Section 12-6G-1, Purpose, Vail Town Code: The medium density multiple -family district is intended to provide sites for multiple -family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate Town of Vail Page 13 2/2/2016 with multiple -family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district Therefore, Staff finds the proposed rezoning meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Existing surrounding uses include single family, duplex and multi -family residential uses. The scale and intensity of these uses is compatible with the uses permitted under the Medium Density Multiple -Family (MDMF) District. The Vail Land Use Plan identifies the subject property and many of those in the general vicinity as Medium Density Residential, indicating their potential for possible future multi -family development. Future development on the subject site, including alterations and expansions of the existing structure is compatible with the proposed zone district. Staff finds that the proposed rezoning is suitable with the existing and potential uses on the site and with potential and existing surrounding uses. Therefore, Staff finds the proposed rezoning meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendment from the Two -Family Primary/Secondary Residential (P/S) District to the Medium Density Multiple -Family (MDMF) District for the property located at 2308 Garmisch Drive will allow for future improvements that are harmonious with its surrounding land uses. The rezoning is consistent with municipal development objectives as it is compatible with Chapter Vlll, Implementation, of the Town of Vail Land Use Plan. This section of the plan specifically tasks the community in evaluating the existing zoning map and current land uses for opportunities to bring these into conformance with the Land Use Plan when community interests are served. As noted under criteria number one, the rezoning is consistent with the development objectives of the town. Therefore, Staff finds the proposed rezoning meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. Town of Vail Page 14 2/2/2016 The development standards of Medium Density Multiple -Family (MDMF) District will ensure appropriate, compatible development that is in the best interest of the community. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Comprehensive Plan, two tests for a determination of spot zoning. Therefore, Staff does not believe the applicant's proposal constitutes a spot zoning and finds the proposed rezoning meets this review criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds that rezoning of the subject properties from the Two -Family Primary/Secondary Residential (P/S) District to the Medium Density Multiple -Family (MDMF) District will not substantially alter the impacts on the natural environment in comparison to existing conditions. All appropriate measures to address issues including stormwater run off and water quality shall be required with any development proposal. The property does not contain any desirable natural features for consideration. Therefore, Staff finds the proposed rezoning meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. As identified above, Staff finds that the proposed rezoning is consistent with the purpose of the Medium Density Multiple -Family (MDMF) District. The rezoning furthers the purpose of the zone district by recognizing the subject parcel as a suitable location for medium density multi -family development, designed and constructed to maintain the desirable residential qualities of the district, and the greater neighborhood. Therefore, Staff believes the proposed rezoning meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The subject properties were constructed in 1977 prior to annexation into the Town of Vail in 1986. The initial application of zoning contemplated the eventual discontinuance of the resulting nonconforming use. The adoption of the Vail Land Use Plan recognized the inconsistencies between existing land uses and zoning designations and provided guidance on steps moving forward in addressing these inconsistencies when it is in the community's interest. Town of Vail Page 15 2/2/2016 Therefore, Staff believes the proposed rezoning meets this review criterion. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC150034). Staff's recommendation is based upon the review of the criteria described 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, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC 150034)" Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll of this Staff memorandum to the Planning and Environmental Commission dated December 14, 2015 and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and Town of Vail Page 16 2/2/2016 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. IX. ATTACHMENTS A. Vicinity Map B. Applicant's Submittal dated November 18, 2015 with Attachments. C. Property Photos D. Town of Vail Official Land Use Map in the vicinity of the subject property. E. Town of Vail Official Zoning Map in the vicinity of the subject property. Town of Vail Page 17 2/2/2016 1 • too 1 ! All, r �f w 1 4D 140 .. r'�"' ►ice \� 1 r: Baumstark residence —November 18th. 2015 Address: 2308 Garmisch Drive #15E Owner Request: Triumph Custom Homes www.triumphdev.com The Baumstark family has owned 2308 Garmisch Drive #15E since 1988. Our family has outgrown the existing home and we desire to remodel and add to our current unit which will allow our continued enjoyment for many years to come. We are recommending a rezoning, from the current zoning primary / secondary, to MDMF (Medium density Multi -family) which better suites the existing structure and use. This will clean up all non -conforming issues except the existing front and "west" side setbacks. All other zoning requirements will be met. Mike Foster of Triumph Custom homes has met with George Ruther regarding this proposed change and he believes this cleans up the glaring non -conformity today. This application will be submitted to Planning and Environment Commission (PEC) for their recommendation to Town Council for approval. Once PEC / Town Council approval is complete, the revisions will need to be submitted to and reviewed by to assure all Design Review Board Guidelines are met. Property History and Current: Original Neighborhood Plat - Lot 15, Block G of Vail das Schone Filing #2. Platted June 1969 in Eagle County. The Minor Subdivision Plat for Garmisch Townhouse development was approved as a townhouse project in Eagle County and platted August 1978 with 5 units. Platted as separate lots with Declarations and Covenants governing the community. Not a common property, but this will be how Town of Vail views it for zoning purposes. When the property was original approved for development it was in a Multi -family Zone District - R/M/F. Property was annexed in to the Town of Vail in October 1986. Despite the existing townhome improvements, it was zoned Two -Family Primary/Secondary Residential to allow and encourage single family and duplex development. Unlike many Townhome communities in Vail, there is no common property. There are only utility easements that are written in a manner that says they cannot be adjusted to the P. 970.479.9990 12 Vail Road, Suite 400 F. 970.479.0619 Vail, CO 81657 2/2/2016 detriment of the other unit owners. Unit #15E is an end unit and rebuilding will not impact these common utilities with other units. The Declarations, Covenants, Conditions and Restriction for Garmisch Townhomes outline simple cost sharing of the maintenance of shared elements such as water and sewer, as well as the obligation to pay changes to common elements or impact to neighboring property caused by any one property. The Covenants required approval of all unit owners for material changes to the exterior of any unit. Lot Details and Zoning Requirements: Despite being built in a multifamily zone in Eagle County, when the property was annexed into the Town of Vail, it was prescribed Primary/Secondary zoning. This zoning made the Townhouses a non -conforming use. This zoning indicates that TOV wants single-family homes or duplexes vs. existing multifamily zoning. By rezoning this parcel to MDMF it better fits the existing 5 unit townhome structure. MDMF Code Actual/Proposed Notes Site size 26,013 Density / Acre 9 5 Meets Zoning Total GRFA allowed 56% 14,567 Meets Zoning Site Coverage 45% 11,706 Meets Zoning Landscaping 30% 7,804 Meets Zoning Height to Sloped Roof 38 35 Meets Zoning Setbacks: Front 20 0 Does not meet Setbacks: Side 20 5' Does not meet Setbacks: Rear 20 30' Meets Zoning www.triumphdev.com 2/2/2016 Conclusion: When the Town of Vail annexed the property, it prescribed new zoning to the area. This zoning made our townhouse community a non -conforming use. Our townhome structure can be rezoned to meet the majority of the criteria for MDMF, main one being units per acre, S. One item that will require a variance is existing front and side setbacks. Many other mult-family structures makeup our neighborhood. This will set the precedent for cleaning up their zoning as well. Tying our property to this non -conforming zoning of P/S handcuffs our property from making improvements. Anything the community tries to do to improve or reposition the property will be non -conforming to the current zoning. Please allow our project to move forward on this rezoning based on the MDMF zoning regulations of the Town. www.triumphdev.com 2/2/2016 Safari File Edit View History Bookmarks Window Delp n W)) 90%0)- Sian Ilov 7:43 PM :- IEI rnIal a_x, :raprn ls.aorn t, ❑ I Map Explorer � r f . JotAir ' ,10, : i i at F'' 44"1 Mir �a Y It -- Mlinsuremont Markers Satected Parccls D] recti c nsf R€ tAl nR Pv_ Eagle County Parcels Parcel Deta]s SIze - Ap-prox. (Acres) y Aderess D.mensions - Approx. (Feet) C.. rre nt M. 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'', 7. y t _ s ,s �' `si � .y, �'�'M ; • "� �� . .>, �1F ,.,�, amu'Aw44 IL NA IL r _1114 Rv_ Official Land Use Map Town of Vail, Colorado LAND USE DESIGNATIONS I III &du Rw. d u FAIJ Lu%v Duirsily kw-,tdaritial Mudium Daosdy Rasid4wtial 146h Nnsity Residential Resort Xwommodations and SarvirAs Girm,runity Offioa Village mastur Plan burisl i4a@d RwduvePjpimmit Nlugtui F'Wn 0ammunAy Cu 11111 I+H uj 2/2/2016 Tiarsbim Ama Plublc.?Sim-Pubhc Ski Rasa Park Opan Spa0a Nat Dimigriatad SIF Ski Flu Ila I Crack v , Tum Baun6ary Zoning Map in the vicinity of the Garmische Townhouses r4s] 1X17 �3 i:a 111 lki mw. i"4. . 6-1x1 z.-W—d We ux I OAU -1 I Srpa-I .nb ii—b-fmi pri - Lari.�tl Na.c U-2(LW-2j I"eai'.alrtl+i Ac«�:fl.l �=mi±.�IS.ma C.i. yGu[} O 1�1s+.rtAt l•rrt.r'A' �fI{�rd il:�.;-4arr 3�ay. y.HGJ O Eve�Ylffl�Imkaol�t O'.ii-;m ll..i..b^.rNa - W. ,, u—te WLft+. I.I+I 151G6x I ®isc r.l a a.— sp— W -1, :i.r.'.}'4tA5a+1.�1�1'Ei1�1.1 ;. -!tiY.s. lax cira�yLl OmwP tlx. Il.ai..b- (win © I`Ji: Ai� lnvj �Uv Catl!)vx :1:9A-$ -I"Atle haat 21FAm -nrk-G:v, - C.I.r.a[. Cc ZCCI: I - Gvm.r.'.. Ce.3(CG31 IIdF.I.A U..c.l'w M1sW.I dGl.Ara: 2/2/2016 0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of Mi. December 14, 2015, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order — Members Present: Brian Gillette, John Ryan Lockman, Henry Pratt, Kirk Hansen Members Absent: Webb Martin, John Rediker Chair Pratt indicated that item #4 (Religious Institutions) and 5 (Strategic Plan for Water Quality Improvements on Gore Creek) on the agenda are asked to be changed in the order on the agenda to accommodate Scott Todd, Golf Course Superintendent . The Commission agreed to make this change. 2. A request for the review of a conditional use permit, pursuant to Section 12-713-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150033) Applicant: 104-6 LLC, represented by Drew Riley Planner: Jonathan Spence Mr. Spence introduced the application. Rehabilitation is proposed of a former clothing store into a restaurant. An outdoor patio is proposed, mostly on town owned property. The layout of the patio was discussed. The Public Works and Fire departments have reviewed the application. The barrier for the patio will be removed each night to provide access to the trash area. Hansen- What is typical lease rate for these patios on Town property? Spence — About $6 per square foot. Applicant — No presentation Public Comment Russell Shay, owner of next door space - If I have problems with the seating encroaching into my store. What is my recourse or process to fix this issue? Spence — Barrier location is fixed and should not change over time. If there are problems, contact Town staff. Sasha Gross, Operator of the ski lockers next door - Seating looks like they are right in front of the door to my space (locker rooms). Post and trash cans look to block access to my door. Applicant, Mark Hollenbeck, General Contractor — Distance to column is 5' 8". Appears to us that there is plenty of room for access. Gross — Can't block the access to my door. You would not block access to Surefoot, why would you block access to my store? Dave Segerdahl, one of the owners of Crespelle - We gave paperwork to the building manager, John. He told us we did not have any arguments. We are happy to address these issues. Gross — We have owned the space for 30 years, this is the first time this has happened. People walking toward our door up Bridge Street will have their access to our door blocked. 2/2/2016 Segerdahl — We are happy to work with the neighbors. Close the public comment Action: Table to December 28, 2015 Motion: Gillette Second: Hansen Vote: 4-0-0 A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive, Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC150034) Applicant: Garmisch Townhomes, represented by Triumph Development Planner: Jonathan Spence Mr. Spence introduced the application — Property was built in 1976 — 1977, annexed in 1986, zoned as Two -Family Primary / Secondary does not conform to built property. As a result, no improvements or additions have been allowed. Future Land Use Map for this area shows the project in Medium Density Residential area, in contrast to Low Density Residential in other areas. Proposal is in conformance with the Future Land Use Map. Staff recommends approval of this request. Gillette — Chart showing setbacks, property is non -conforming. Are they redeveloping the eastern -most unit? Spence - There is a possibility of an addition to that unit. All future development would need to meet development standards. Pratt — Why would this be MDMF (Medium Density Multiple Family) and not LDMF (Low Density Multiple Family)? It would be much more GRFA (Gross Residential Floor Area), but LDMF would be same setbacks, but less GFRA. Spence — GRFA is one of the limiting factors. Off the top of my head I cannot point to a building in LDMF (that is conforming.) Applicant Mike Foster — We did this due to the added square footage. Due to the pie shape of the lot, it allows about 1,400 square feet of additional GRFA. Side setback and topography will also be limiting factors. That is one of the reasons we requested MDMF. Western setback is about 5 feet from property line. Spence — Internal lot lines would not be considered for setback purposes. Hansen — What is to prevent redevelopment to build 10 units on this site? Spence — Parking may limit the redevelopment Public Comment: None Gillette — I am curious on the alternatives to this zoning as requested. Would like to know if one district is better than another. Spence — Townhouse zoning is specific to those properties in Vail Village. LDMF or MDMF are really the only options. Pratt- Only difference is GRFA and units per acre. Gillette — If they built out, would they have enough parking? 2/2/2016 Spence — It would be challenging to meet the parking requirements. Mike Foster — 4500 square foot increase would be shared among the existing townhomes. Gillette — Do you have room for parking to build out the 1400 square feet? Foster — Yes, we do. There will be no common elements. There is no HOA. Spence — LDMF is behind Breakaway West. Sandstone is Low Density Pratt — Reviewed the allowed density and GRFA in LDMF and MDMF zones. Setbacks and Height are the same. Site coverage is different. Hansen — Staff write up was good. I can see why you are proposing these changes. Proposal seems to better support the development than existing zoning. Lockman — Surrounding development appears to be medium density. Spence — One of our tasks is to review developments that are nonconforming with their zoning. Lockman — There are a lot of properties in town that do not match their zoning. Pratt — My concern is that someone will buy all 5 units and redevelopment the site as 12 units. My question is if MDMF vs LDMF are appropriate. Foster- Difference in GRFA is about 1000 sf per unit. Gillette — If that parcel is built out, it would be inappropriate for that neighborhood. Pratt — Does a 500 square foot addition or a 1200 square foot addition meet the Town's goals? My fear is that someone will develop the whole site and we would see 12 units and not 5 units. Gillette — This lot is by far the largest. Even with the extra lot size, we get only 500 square feet more GRFA. Foster — If applicant wants to take advantage of this, they need to build down the hill. Action: Recommend Approval to Vail Town Council Motion: Hansen Second: Lockman Vote: 3-1-0 Gillette opposed. 4. A request for a recommendation to the Vail Town Council to allow for a zoning code amendment pursuant to section 12-3-7, Amendment, Vail Town Code, to allow for Religious Institutions as a Conditional Use in all zone districts except the Heavy Service (HS) District, and setting forth details in regard thereto. (PEC 150030) Applicant: Town of Vail Planner: Chris Neubecker Mr. Neubecker walked the Commission through the staff report and what is being proposed. Religious Institutions would be added as a conditional use in 11 zone districts. Chris discussed the changes incorporated following the previous PEC meeting. Gillette -Which of these districts currently allow similar uses (such as meeting rooms, etc.)? Neubecker-We coordinated the uses so that Religious Institutions would follow the same zoning as meeting rooms in all the zone districts where proposed. Gillette -Why didn't we just incorporate the religious use into the definition of other uses, such as meeting rooms? 2/2/2016 Neubecker — We considered it, but the parking demand is different. Gillette -The parking demands don't seem all that different. Neubecker -In Vail the parking requirement for religious uses is set by the PEC while meeting rooms are listed by square feet of seating floor area. Other communities have different parking requirements for meeting rooms vs religious uses. How many people arrive per vehicle may be the difference. Gillette -If we delete religious uses and add them to the definition to conference rooms and meeting rooms, we would be done. We should look at the parking generated by the existing chapel. Neubecker-If we are ok with the parking, then perhaps we can go that route. We have aligned the uses to be compliant with RUILPA (Religious Land Use and Institutionalized Persons Act). This is also consistent with the Town's vertical zoning aspect. Dominic Mauriello, Applicant - What has been proposed aligns with what we had proposed originally. What is proposed today will allow religious uses to incorporate into existing buildings. I support keeping the uses distinct because of how varied religious uses are. I like the ability for an applicant to propose a parking rate. I support recommending to Town Council this amendment. Gillette- Still supports simplifying it. Would like to get rid of religious uses and incorporate them into the definitions of convention center, meeting room, conference space and theater. Hansen -Does see a significant difference in parking requirements. Respects staff's approach. Would support staff's recommendation. Lockman -Supports staff's approach. Was concerned about the residential neighborhoods but supports the approach now taken. Pratt -Can understand Gillette's intent but believes in the Town of Vail that meeting rooms and conference space demands are generally driven internally and not externally. Recognizes the variables in religious uses and supports keeping them separate. Gillette -We should consider how we might be in violation with RLUIPA by setting the parking requirement. Pratt- The meeting room parking requirement is quite strict and what we are proposing is less discriminating than applying the meeting room or theater requirements. Mauriello - Does not think what is proposed will be problematic with RLUIPA. Action: Recommend Approval to Vail Town Council Motion: Lockman Second: Hansen Vote: 3-1-0 Gillette opposed. A request for a recommendation to the Vail Town Council for the adoption of the Strategic Plan for Water Quality Improvements on Gore Creek. (PEC150027) Applicant: Town of Vail Planner: Kristen Bertuglia Environmental Manager Kristen Bertuglia introduced the project and that the focus of this meeting will be on the best management practices of the Vail Golf Course with respect to water quality (application of pesticides, buffer zones, etc). 2/2/2016 Scott Todd, Golf Course Superintendent, walked the commission through a PowerPoint presentation on the current practices employed at the Golf Course. Gillette -Are there any opportunities to increase the size of the pond and stream buffers? Todd -Always a balancing act between course playability and water quality. Hansen -How is the tree spraying done? Todd- We contract out and treat those trees near water with direct trunk spraying. Continued the presentation including water and soil testing. Pratt -What percent of the town water supply is generated by the wells at the golf course? Todd- Not entirely sure. Described where the existing wells are located. Pratt -Is the majority coming from the golf course wells? Greg Hall, Public Works Director -About half (three). Pratt -Is there a difference in water quality between the golf course wells and other wells? Bertuglia - The surface water testing differ all along Gore Creek, even though the entirety of the Creek is listed as impaired under the 303(d) list. The Eagle River Water and Sanitation District tests for drinking water quality standards and could report on those results, but I do not believe there are any drops in drinking water quality. Hansen- Who is doing the testing and what is being tested? Bertuglia-There are a lot of organizations testing the waters including the town, water district, state and federal. The testing information is shared and work has been done to centralize a database. Gillette- Did the consultants (Lotic) provide any recommendations related to the golf course? Bertuglia - Yes, as in many areas throughout town they recommended increased buffers zones and attention to application of pesticides. Gillette- We should look at the buffer zones that do not meet the recommended 25 feet and then analyze on how it would affect play. Todd - If you find a problem then yes, let's extend the buffers but if a problem hasn't been identified then there may not be a need to extend the buffers. I would like to understand the basis for the recommendation. Gillette- Is there a question as to what is being tested? Are they testing for the actual fertilizers used? Bertuglia -The recommendations are as a result of testing for macro invertebrate levels, not drinking water standards as the testing is different. Todd- We do not analyze based on the bugs but rather the drinking water standards. Gillette -Does the course use pesticides? Todd -Yes (pesticides are a catch all term — it covers herbicides, insecticides, fungicides, etc.) Pratt- Do you test for the heavy metals and the like, similar to the water district testing? 2/2/2016 Todd -Discussed their testing protocol and how pesticides are applied. Mostly test for nutrients (phosphorus, pH, ammonia) Gillette- Does it make sense to get coordination around the testing? Bertuglia -Yes. Agrees that perception may not be accurate related to the Golf Course's effect on water quality. Gillette -Do other organizations certify golf courses besides Audubon International? Todd- Audubon is the major one and the only one he is aware of. He also discussed trends in the industry related to environmental health as having gotten much better over time. Hansen -How are hard surfaced (impervious) areas addressed? Todd-Hardscapes include the cart paths or the main parking lot. Take care in the adjustment of the sprinklers to keep the water off of the hardscape. Greg Hall -New parking lot is designed with water quality in mind. Public Comment Jim Lamont -Need coordination in testing, especially ground water contamination. More testing should provide more answers. Lockman -Strongly agree that we need to coordinate testing. Understands the complexities of the golf course (playability). Hansen -Impressed with the environmental stewardship of the golf course. Supports testing coordination. Gillette -Impressed with the work the course has done. Supports looking at testing and determining what the problems are and where they are located. Pratt -Thankful for the presentation. Supports looking at the well zones as far as contamination. Supports testing related to drinking water and the bugs. Bertuglia -For clarification, when referring to coordination, is there a data set to provide in advance of the plan adoption or would the Commissioners prefer to see a high priority action item identified that calls for data coordination and more accessibility (public or otherwise)? Pratt -A lot of organizations are testing. Why can't there be just one testing group? Bertuglia - USGS, USFS, ERWSD, Eagle River Watershed Council, Town, EPA, all have different mandates for testing, different funding sources as well. Agree we could demonstrate the data/coordinate it better. Gillette- We do not need the results of the testing but the action item should be about coordinating the testing. Hansen -Would like to see all the data. Bertuglia -We will share what we have and also present an action item. Action: Table to January 11, 2016 Motion: Lockman Second: Gillette Vote: 4-0-0 2/2/2016 6. A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the redevelopment of the former Cascade Village Theater and Colorado Mountain College property to include 14 dwelling units, one (1) onsite Employee Housing Unit and the preservation 4,087 square feet of existing commercial, retail and office space, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. This project was previously approved most recently in 2007 and expired on June 1, 2015. (PEC150014) Table to January 25, 2016 Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Action: Table to January 25, 2016 Motion: Gillette Second: Hansen Vote: 4-0-0 7. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) Table to December 28, 2015 Applicant: Town of Vail Community Development Department Planner: George Ruther Action: Table to December 28, 2015 Motion: Gillette Second: Hansen Vote: 4-0-0 8. Approval of Minutes November 23, 2015 PEC Meeting Results Action: Table to December 28, 2015 Motion: Hansen Second: Gillette Vote: 4-0-0 9. Informational Update parking. Mr. Spence provided Commissioner Pratt with requested information concerning on -street 10. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. 2/2/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February2, 2016 ITEM/TOPIC: Adjournment (8:00 p.m.) 2/2/2016