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HomeMy WebLinkAbout2016-02-16 Agenda and Supporting Documentation Town Council Regular MeetingNOTE: VAIL TOWN COUNCIL REGULAR MEETING EVENING AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., FEBRUARY 16, 2016 ruwx OF va' ii> 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: Recognition of Ludwig Kurz, former Vail Town Council Member (5 min. ) PRESENTER(S): Dave Chapin, Mayor 2. ITEM/TOPIC: San Miguel de Allende Mexico Delegation Introductions (10 min. ) PRESENTER(S): Dave Chapin, Mayor BACKGROUND: Town of Vail and City of San Miguel de Allende entered into a "Sisterhood" arrangement with the execution of an agreement on July 16, 2015 in an effort to develop programming that would support cultural exchanges and promote tourism across resort communities. Ricardo Villarreal Garcia, the new Mayor of San Miguel de Allende and Zonia Torres, the new Director of Economic Development, will be visiting to follow up on the agreement to talk about ideas for programming. 3. ITEM/TOPIC: Citizen Participation (5 min.) 4. ITEM/TOPIC: Consent Agenda 1) Minutes from January 19, 2016 council meeting (5 min.) 5. ITEM/TOPIC: Town Manager's Report (5 min. ) PRESENTER(S): Stan Zemler, Town Manager 6• ITEM/TOPIC: The purpose of this public meeting is to present the Buyer Profile developed from the data obtained from the Chamonix Neighborhood Buyer Survey and present a staff recommendation for the approach to developing the Chamonix Neighborhood. (45 min.) PRESENTER(S): George Ruther, Community Development Director & Alan Nazarro, Housing Manager ACTION REQUESTED OF COUNCIL: Provide instruction to the town staff on the recommended actions to be taken regarding the Chamonix Neighborhood development plan and affirm the 2/16/2016 public/private partnership approach that has been recommended. BACKGROUND: Determining a target market for the Chamonix Neighborhood based upon a buyer profile and selecting an approach to developing the Chamonix Neighborhood are two critical tasks in moving the development forward. A Buyer Survey was prepared and distributed to better determine the target market for the Chamonix Neighborhood. The results of the survey has been compiled. On December 15, 2015, the Town staff presented four options for approaching the development of the Chamonix Neighborhood. In the end, based upon an understanding of tolerance of risk and level of control, the Town Council expressed a preference towards a public/private partnership in developing the Chamonix Neighborhood. STAFF RECOMMENDATION: See staff memorandums dated February 16, 2016. 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: Staff is requesting Council Table Ordinance No. 3, Series of 2016 to a date to be determined. 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 8. ITEM/TOPIC: Vail Transportation Ordinance Update The Town Transportation Ordinance will be reviewed and the current status of the system and permitting will be discussed. Potential changes will be recommended to address the Transportation Network Companies. Cliff Hinson of the Colorado Department of Regulatory Affairs, Public Utilities Commission will brief the Council on PUC regulations impacting transportation providers in Vail. (45 min. ) PRESENTER(S): Dwight Henninger, Police Chief, and Cliff Hinson, PUC ACTION REQUESTED OF COUNCIL: Listen to presentation and give input on potential changes to the Transportation Ordinance. 2/16/2016 BACKGROUND: In 2013 the Council passed Ordinance 7-10 Commercial Transportation Regulations and with the advent of Transportation Network Companies such as Uber and Lyft, there may need to be changes minor to the existing ordinance. 9. ITEM/TOPIC: Solar Crest Condominiums' trash/recycle structure approval request (15 min. ) PRESENTER(S): Tom Kassmel, Town Engineer ACTION REQUESTED OF COUNCIL: Approve or deny the request by Solar Crest Condominium Association to proceed through the approval process to maintain a newly built trash/recycle structure within the Town Right of Way. BACKGROUND: The Solar Crest Condominium Association located at 1400 Lions Ridge Loop illegally constructed a 150 square foot trash/recycle structure this past fall within the town's Right of Way (ROW) along Lions Ridge Loop. The town does not allow private structures to be built within town ROW. The applicant is requesting to proceed through the Town review process maintaining the structure within the ROW. STAFF RECOMMENDATION: Staff recommends that the illegal structure be removed from the ROW and placed on Solar Crest's own property; thus denying Solar Crest's request for permission to proceed through the review process with their private trash/recycle structure in the ROW. 10. ITEM/TOPIC: Adjournment (9:00 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. 2/16/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2016 ITEM/TOPIC: Recognition of Ludwig Kurz, former Vail Town Council Member PRESENTER(S): Dave Chapin, Mayor 2/16/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2016 ITEM/TOPIC: San Miguel de Allende Mexico Delegation Introductions PRESENTER(S): Dave Chapin, Mayor BACKGROUND: Town of Vail and City of San Miguel de Allende entered into a "Sisterhood" arrangement with the execution of an agreement on July 16, 2015 in an effort to develop programming that would support cultural exchanges and promote tourism across resort communities. Ricardo Villarreal Garcia, the new Mayor of San Miguel de Allende and Zonia Torres, the new Director of Economic Development, will be visiting to follow up on the agreement to talk about ideas for programming. 2/16/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2016 ITEM/TOPIC: Citizen Participation 2/16/2016 ►owx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February16, 2016 ITEM/TOPIC: Consent Agenda 1) Minutes from January 19, 2016 council meeting ATTACHMENTS: Minutes from January 19, 2016 meeting 2/16/2016 Vail Town Council Meeting Minutes Tuesday, January 19, 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: Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Absent: Dave Chapin, Mayor Stan Zemler, Town Manager Staff members present Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item of business during the evening meeting was Citizen Participation with comments as follows: Red Sandstone School PTA representative invited council members to Eagle County School District meeting at the school for a town meeting to discuss the future of the school. Foley, Mason and Bruno offered to attend. Penny Turilli, resident, spoke about her concern with the Vail Recreation District's rate for drop- in gymnastics program. As a Board member, Foley noted he would raise the concern at a VRD meeting on her behalf. The second item of business was the PEC and DRB meeting update presented by Chris Neubecker, Planning Manager. There were some questions about the Cascade property and converting tennis to parking per the PEC minutes; it was noted the town council would be able to review an application in the future. There were no call ups. The third item considered was the information updates, no comments were made at this time. The fourth item on the evening agenda was matters from the mayor, council and committee reports as follows: ■ Cleveland reported on the ECO trails retreat noting a request for increased funding for trails, and his upcoming attendance at VLMDAC meeting. ■ Mason reported on input received about a recent hockey tournament at Dobson and lack of available parking; she complimented streets department on great snow removal efforts. ■ Langmaid commended streets department as well, still concerned about snow plowing impacts on the creeks and how the water quality plan will address the topic. She suggested using a tips line as a way to collect input about concerns for Gore Creek. Town Council Meeting Minutes of January 19, 2016 Page 1 2/16/2016 Foley reported on the ECO transit retreat noting his request for 2:00 a.m. buses and request to see City Market lease in hopes of getting both City Market and Vail Commons owners engage in some dialogue. He noted a request for half court basketball at Stephens Park and noted Jan 28 meeting at Red Sandstone. Moffet commented on snow removal efforts and private vendors plowing and storing snow, requested information about skier numbers and Frontage Road parking numbers during the past weekend, and noted many have contact him about Chamonix project. Bruno requested input about VRI's early closing of April 10th; she noted a need to possibly extend the season and increase the season end festivities. There was support from the majority to request staff to review this further and come back with some suggestions. The fifth item on the agenda was the Consent Agenda as follows: 1) Resolution No. 2, Series of 2016, A Resolution Approving the First Amendment to the Memorandum of Understanding Between the Town of Vail and Pitkin County for Shared Emergency Dispatch Service Staffing; and Setting Forth Details in Regard Thereto After clarification from Human Resources Director was made about the payment arrangement between Vail and Pitkin County for reimbursement of full charges, a motion was made by Moffet to approve Resolution No. 2; Foley seconded the motion and it passed (6-0). 2) Resolution No. 3, Series of 2016, Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Holy Cross Energy; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 3; Foley seconded the motion and it passed (6-0). 3) Resolution No. 4, Series of 2016, A Resolution Approving an Intergovernmental Agreement between the Town of Vail and Loveland Fire Rescue Authority for the Provision of Training; and Setting Forth Details in Regard Thereto. Moffet moved to approve Resolution No. 4; Foley seconded the motion and it passed (6-0). Fire Chief summarized the details of the program. The sixth item on the agenda was the Town Manager's Report at which time there was brief discussion about the following two topics: 1) Town of Vail Annual Community Meeting: March 8, Donovan Pavilion; there was unanimous support for the date. 2) Chamonix Development Engineer's Option of Probable Cost (EOPC) Information Memorandum The seventh item on the agenda was discussion about follow up information regarding the Chamonix development options presented on December 15, 2015. Alan Nazzaro, Housing Manager, and Steve Lindstrom, VLHA, addressed many of the questions as follows: ■ Discussion of the history of the Vail Local Housing Authority Steve Lindstrom, VLHA, led the discussion about the history of the Vail Local Housing Authority which is governed by state statutes. He spoke about the backgrounds of authority members as well as what their role has been over the years. He listed several active projects the Authority is engaged in and noted they would submit recommendations for future code amendments related to housing. Allan noted that the packet memo included researched answers to the question listed below: 1. How to ensure that the future developer completes the project to town's expectations under option 4. Town Council Meeting Minutes of January 19, 2016 Page 2 2/16/2016 2. Discussion of the history of the Vail Local Housing Authority — 3. Detailed information on Development Agreements for Arosa Duplex, Red Sandstone Condominiums, Lion's Ridge Apartments and Middle Creek. 4. What is the correlation of time and timing to risk and level of control. 5. Present meeting notes or important take-aways from TC previous tour of Summit County. There were several aspects discussed about housing in general, including potential funding opportunities, the differing models used in the past to help them accomplish the affordable housing offered in Vail, the need for "quality" with future projects, the need to continue the discussion about pricing, subsidies and funding. Public input was invited at this time. The eighth item on the agenda was an update on the 1-70 Vail Underpass project as presented by Tom Kassmel, Town Engineer. He noted the 1-70 Vail Underpass project was now under contract between CDOT and Kraemer North America with an anticipated start date for major construction of April 4, 2016. Additional public outreach and a Public Open House was anticipated to take place in March. He suggested viewing the town of Vail website for helpful information about the schedule of construction for project, as it is scheduled to happen in phases. He spoke about the construction team and how public information will be compiled and released to the public. Below is a Tentative Project Schedule: Phase I (April - June 2016) The first phase of construction includes construction of the two new bridges for the underpass and requires traffic on 1-70 to utilize the cross-over detours that were constructed this past fall, and for 1-70 to be reduced to single lane traffic in each direction at the project site between April 4 and June 30, 2016. Once this phase is complete, 1-70 traffic should return to normal for the remainder of the project. It will be critical to get an early start on this work in order to avoid the heaviest summer traffic months of July and August. Local residents and guests can avoid 1-70 congestion during this time frame by utilizing the North and South Frontage Roads as traffic flow on the Frontage Roads will not be impacted during this initial phase. Phase II (July -November 2016) The second phase of construction includes lowering the South and North Frontage Roads. This phase will require excavating over 60,000 cubic yards of material and setting the Frontage Roads to their new elevations. This work will require the closing of the Frontage Roads at the work location and detouring Frontage Road traffic on to and adjacent to 1-70. In this phase 1-70 will remain as two lanes in each direction, as well as have one lane of Frontage Road traffic separated by concrete barrier. The North Frontage Road will be limited to west bound traffic only within the limits of construction and the South Frontage Road will be limited to east bound traffic only within the limits of construction during this phase. Local residents and guests can utilize the Frontage Roads as normal except at the project site where the North Frontage Road will be westbound traffic only and the South Frontage Road will be eastbound traffic only; 1-70 can also be used as an alternate between Vail Town Center and West Vail. Phase III (December 2016 — March 2017) At the end of the second phase of construction, the Frontage Roads and 1-70 will return to normal traffic patterns. The third phase of construction will consist of minimally impactful work to traffic. On viable winter days the contractor will be excavating beneath the new 1-70 bridges to create the opening for the underpass. This work will be contained within and under 1-70 other than trucks entering and exiting the site onto the Frontage Roads. Phase IV (April — December 2017) The fourth and final phase of construction will be constructing the roundabouts, installing curb and gutter, sidewalk, permanent pavement, landscaping, stone veneer, lighting, and striping. The traffic patterns in order to complete this work will be identical to that in Phase ll. There were some general comments and questions from council addressing the following topics: Town Council Meeting Minutes of January 19, 2016 Page 3 2/16/2016 ➢ What impacts will be to Red Sandstone Elementary School and how will they get that information? ➢ What safety measures are in place and how will they be enforced? ➢ Who is the primary contact for handling all community input? Who is the local contact? ➢ What happens to all the bike traffic that uses the frontage road? Staff noted they would follow up on these questions so that the community would be provided the information accurately and timely. There were no public comments at this time. The ninth item on the agenda was an update on the Vail Traffic Impact Fee & Transportation Master Plan as presented by Tom Kassmel, Town Engineer. He noted that it was time to review the 2009 Traffic Impact Fee Nexus Study, discuss codifying a new Traffic Impact Fee, and award a contract to update the Transportation Master Plan to FHU as a next step in completing the analysis of whether or not to increase the impact fee. The last time the town's traffic impact fee was updated was in 2006. Since then much has changed in Vail with regards to construction costs and anticipated future transportation infrastructure needs. Considering this and the resurgence in redevelopment, it is prudent to reassess and update the impact fee and the correlating 2009 Vail Transportation Master Plan. There was a review of a prior presentation given in 2009, addressing some of the components of setting up the program as well as an explanation of what the town is currently assessing: ✓ Why impact fees ✓ Impact fee ground rules ✓ Colorado impact fee act ✓ Vail's current mitigation fee ✓ Road impact fee comparison So in summary, the information was presented in 2009 but there was not a fee codified at that time. Kassmel identified the proposed next steps as 1) reassessing and updating the 2009 Tischler Bise Impact Fee Nexus study, and 2) updated the 2009 Vail Transportation Master Plan. Town staff received a proposal to update our Transportation Master Plan from Felsburg Holt and Ullevig (FHU). FHU has been involved with Vail's traffic master plan efforts since 1990, completed the original Master Plan in 1993, and the 2002 and 2009 updates, as well as completed the design and traffic analysis for the anticipated 1-70 Underpass project. Upon completion of the Transportation Master Plan update, the updated document can then be used by Tischler Bise to update the 2009 Traffic Impact Fee Nexus study. He noted the Town has budgeted $150,000 to complete both studies. ✓ FHU has provided a proposal in the amount of $47,000 to complete the Transportation Master Plan update, the first necessary step in the process. ✓ Staff has also reached out to Tischler Bise recently to provide an estimate for completing an updated Traffic Impact Fee Nexus study, the estimate provided was $50k -$60k. Both well within the 2016 total budget. After some discussion about why it is time to move this process forward, Moffet moved to direct the Town Manager to enter into a contract with FHU to update the 2009 Vail Transportation Master Plan in the amount of $47,000 in a contract form approved by the Town Attorney. Foley seconded the motion and it passed (6-0). The tenth item on the agenda was 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 1/19/2016 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 Town Council Meeting Minutes of January 19, 2016 Page 4 2/16/2016 forth details in regard thereto. George Ruther, Director of Community Development, requested, on behalf of the applicant, that the item be tabled until February 2 as the applicant could not make the meeting that evening. Moffet moved to table Ordinance No. 3; Foley seconded the motion and it passed (6-0). The eleventh item on the agenda was second 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, noted there was nothing new to add to the matter. There were no public comments. Moffet moved to approve Ordinance No. 2, Series of 2016, with support of the PEC findings and recommendations for approval of the ordinance. Cleveland seconded the motion and it passed (6-0). The twelfth item of business on the evening's 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 (6-0) and the meeting adjourned at 7:30 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of January 19, 2016 Page 5 2/16/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2016 ITEM/TOPIC: Town Manager's Report PRESENTER(S): Stan Zemler, Town Manager 2/16/2016 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February16, 2016 ITEM/TOPIC: The purpose of this public meeting is to present the Buyer Profile developed from the data obtained from the Chamonix Neighborhood Buyer Survey and present a staff recommendation for the approach to developing the Chamonix Neighborhood. PRESENTER(S): George Ruther, Community Development Director & Alan Nazarro, Housing Manager ACTION REQUESTED OF COUNCIL: Provide instruction to the town staff on the recommended actions to be taken regarding the Chamonix Neighborhood development plan and affirm the public/private partnership approach that has been recommended. BACKGROUND: Determining a target market for the Chamonix Neighborhood based upon a buyer profile and selecting an approach to developing the Chamonix Neighborhood are two critical tasks in moving the development forward. A Buyer Survey was prepared and distributed to better determine the target market for the Chamonix Neighborhood. The results of the survey has been compiled. On December 15, 2015, the Town staff presented four options for approaching the development of the Chamonix Neighborhood. In the end, based upon an understanding of tolerance of risk and level of control, the Town Council expressed a preference towards a public/private partnership in developing the Chamonix Neighborhood. STAFF RECOMMENDATION: See staff memorandums dated February 16, 2016. ATTACHMENTS: Development Recommendation Buyer Profiles Memorandum Chamonix Neighborhood Survey 2/16/2016 0) rowN of vain Memorandum To: Vail Town Council From: George Ruther, Director of Community Development Date: February 16, 2016 Subject: Chamonix Neighborhood Development Approach Recommendation Purpose of the Public Hearing In a public meeting on the Chamonix Neighborhood development held earlier this year staff was asked to take the next step of identifying and presenting development approach options for vertical construction on the Chamonix site to the Vail Town Council (100% public, 100% private, public/private partnership, etc.). To that end, staff completed an initial analysis of four development options and presented the information to the Vail Town Council for consideration on December 15, 2015. As result, the majority of the Town Council members expressed a preference for pursuing a development approach which included some or all private developer participation (Option 3 or 4). Selecting a development approach is necessary to realize the Town's goal of developing Vail's newest residential neighborhood for families. The purpose of this public hearing is to present a recommendation on development approach to the Vail Town Council and to share the next steps in the process of selecting a development partner for the vertical construction of the homes at the Chamonix Neighborhood. The Chamonix Neighborhood development helps the Vail Town Council achieves it adopted goal of "growing a thriving and balanced community'. Phase 1 Development The decision on the development approach for the site access and infrastructure construction (Phase 1) has already been made. The decision was made that the Town of Vail will finance, construct and complete the necessary site access and infrastructure improvements. An estimate of opinion of probable cost has been completed and shared with the Vail Town Council. An advertisement for bids to qualified contractors was released and the bid process has been completed. The Vail Town Council will be asked to award a construction contract for the Phase I site access and infrastructure improvements at their March 1, 2016 public meeting. 2/16/2016 Weather permitting, the Phase I work will be started the week of April 4t" and completed by no later than June 17, 2016. III. Recommendation of Develoament ADDroach The Town has invested a great deal of time, money and resources to bring the Chamonix Neighborhood to fruition and stands on the threshold of seeing the development begin construction. The Town staff recommends the Vail Town Council selects a form of public/private partnership development approach for the development of the Chamonix Neighborhood. The basics of this approach would include: Release a request for qualifications (RFQ) to the development community in an effort to establish a short list of affordable housing developers qualified to complete the vertical construction phases at Chamonix. Draft amended deed restriction format and create a preliminary Development Agreement which outlines the Town's general terms and expectations of the public/private partnership to be shared with the developers on the short list established through the RFQ process. Release a request for proposals (RFP) to be shared with the short list of qualified developers. Among other important information, the RFP will ask developers to respond with proposals that address their ability to: o deliver the Chamonix Neighborhood and achieve the community's objective of developing Vail's Newest Neighborhood for families; o achieve the project goals and objectives as affirmed by the Vail Town Council; o deliver the Chamonix Neighborhood development within the range of the approved entitlements; o complete the development within the time frames of a mutually accepted project schedule and timeline; o complete the development in phases and over time; o ability to adhere to the Town's terms and meet the expectations of the development agreement; and o achieve the expected financial terms and conditions of the agreement to ensure the future affordability of the homes. The anticipated timeframe for completing this work would be approximately six to eight weeks once started. Public Sector Roles: 1. Contribute the land and the site access and infrastructure improvement costs to the Chamonix affordable housing development; 2. Provide other financial assistance through subsidies to the development as deemed appropriate (i.e., tax and fee waivers); 2 2/16/2016 3. Obtain regulatory entitlements for the development to proceed prior to entering into Development Agreement. 4. Facilitate the mutual acceptance of a Development Agreement. 5. Allow for a portion of the site to be used for free market homes to be mixed with affordable homes to offset cost of subsidies. 6. Assist in the future sale of the completed homes to ensure the integrity of the deed restrictions. 7. Take the developer out at the end of the development. Private Sector Roles: 1. Implement a Design/Build approach to the construction of the homes. 2. Prepare a project pro forma and perform within an "open book" environment to ensure budget and margin transparency. 3. Finalize development/home design for vertical construction. 4. Obtain construction financing for the development. 5. Manage construction from ground breaking of vertical construction through home completion. 6. Take an equity stake in the development to maintain accountability and share in the financial risk. 7. Oversee all post -construction obligations. Pros: 1. Reduces financial risk to ToV with equity investment from the private sector 2. Capitalizes on private sector "know-how" to better manage development project. 3. Timely implementation from private sector partner whose profit margin depends on it. 4. Knowledge of the home market and the financing community to make the development success. 5. Apply business knowledge and experience to manage risk for the development. 6. Ability to combine debt and equity in a workable capital structure for the development. 7. Construction knowledge and abilities to obtain high-quality standards and long-term durability of the units produced. Cons: 1. Development objectives could be unsuccessful if the mission and goals of the partnership are misaligned. 2. The Town will be required to relinquish some control in certain design decisions. 3. Integration of the day to day decision making and project management can be delayed whenever partnership agreement is required. 4. Profit -margin desired by the private sector partner may conflict with the affordability gap goals. 5. Drafting public/private partnership development agreements takes time and money to negotiate. IV. Action Requested The Town staff asks that the Vail Town Council affirms the public/private partnership development approach recommended. Staff will return to the Town Council with more detailed 2/16/2016 information as progress is made in preparing the RFQ/RFP, draft development agreement, deed restriction amendments, development entitlements, etc. 2/16/2016 0 rowN of vain Memorandum To: Vail Town Council From: Community Development Department Date: February 16, 2016 Subject: Chamonix Neighborhood Home Buyer Profile I. PURPOSE The purpose of this meeting is to present the Buyer Profile developed from the data obtained from the Chamonix Neighborhood Buyer Survey. II. BUYER PROFILE A buyer profile is a generalized representation of ideal potential home buyers. The profile helps understand the needs of prospective buyers better, and makes it easier to tailor development to the specific needs, behaviors, and concerns of different buyer groups. The strongest buyer profiles are based on market research (Chamonix has had three market studies and one update) as well as on insights gathered from actual customer base through surveys. The Town collected 187 surveys from actual potential buyers at the Chamonix Neighborhood Open House and through the on-line survey. Based upon the results of the survey data obtained, the typical buyer represents a cross section of the community. Both persons with professional/managerial occupations and those with resort/community-related occupations are expressing an interest in the Chamonix Neighborhood. There is definite market demand for two and three-bedroom townhomes and duplex homes (with room to grow). There is lesser demand for one -bedroom flats. The typical buyer works in Vail or close by and wants a permanent home in a neighborhood setting in the Town of Vail. There are needs for more affordable homes on the lower end of income spectrum and more incrementally higher priced homes on the other. Garages, guest parking, private outdoor space, shared open space and storage are important features to the typical buyer. The typical buyer wants quality built homes with amenities and room to grow and they are willing to sacrifice some features in order to live in Vail. 2/16/2016 Highlights of the Characteristics of Potential Home Buyers: Home owners make up 34.8 % of potential home buyers, and renters are 65.2%. Of the home owners, 54.5% purchased their homes for less than $300,000 and 55.17% of renters pay between $1,100 and $1,950 per month in rent. • Occupations are split into two general categories that reflect somewhat correspondingly to the renter/owner mix. There are professionals/mangers, e.g., doctors, lawyers, hotel managers, restaurant managers, accountants, etc. and resort and resort/community-related occupations, e.g., ski industry, waiters, concierge, firefighter, police, locksmith, teachers, etc. The typical buyer has worked in Eagle County for an average of five to six years, works within the Town of Vail (57.48% of all income earners identified) and has a median household income of $87,500 (the potential home buyers are almost precisely split 50% below and above this level of income). The largest single group of respondents has incomes between $100,000 and $125,000 at 17.4%, while the second largest group has incomes between $62, 501 and $75,000, at 15.7% of the tota 1. • The majority of potential buyers (55.11 %) have lived in Eagle County for 10 years or less with 42.62% having lived in the County 11 years or more. The vast majority of the potential buyers (76%) have lived in the Town of Vail at some time in their past, whereas only 47.2% currently do today. The next largest segment lives between Eagle -Vail & Edwards (32.6%). • 50% of potential home buyers are married couples, 34.9 % are families with children, and 19.7% percent are unmarried couples with no children. • 40.56 % of potential home buyers are currently two -person households, while another 37.75% have household sizes of 3 or more persons. • At 67.23%, the duplexes and townhomes are the most favored style of home to accommodate the needs of the potential home buyers with 32.77% showing a preference for condos. • The typical buyer owns at least two vehicles (63.44%) and therefore needs at least two parking spaces. The overwhelming majority of potential buyers (74.13%) have two or more parking spaces available currently. • The typical buyer is ready to buy now and can afford homes in a variety of price ranges. The largest single segment (40.56%) states their maximum affordable price between $300,000-$399,000. A full 30% are at or above $400,000 and 26.67% are below $275,000. Town of Vail Page 2 2/16/2016 • Comments that support the readiness for people to purchase homes in Vail include: o Any opportunity to own property in Vail, especially within the neighborhood we have called home for many years, would be a dream fulfilled. o / would love to have a place to grow and raise my children that's close to work in a safe area. o Would like a place of which we can be proud and live in for the long term. o We are living in a friend's house that moved to Georgia. He gives us a break on rent. We are desperate to get back to Vail. o We need reasonable housing for families (incl. pets) that are affordable on a TOV paycheck. o With both of us working in Vail, a child going to school in Vail, it would be nice to not have live down valley in order to afford a home. o We currently rent from the town of vail as 1 am a TOV employee. 1 currently work for the Vail police department and since my time here (2.5 years) we have had about 20 people leave due to affordability of living in the area. 1 think this project could keep people in our department for a lot longer. o There are currently very few options for families with more than one or two children and with older children. This forces families to move down -valley. o Currently renting an out of date property for the price that / would expect modern and energy efficient, due to market demand. Would like to buy something / can call home and care for in a neighborhood that would reflect all owners enjoying and caring for each property. o Would be great to have an affordable housing option for purchase in the town we love. o We both want to continue to live in town of vail but expect our family size to grow and want a home where we can have kids but still live close to work and in town recreation. III. COMPARE/CONTRAST When compared to the most recent site plan proposals, the needs and wants of the typical buyer profiled suggest that the Town evaluate alternative options. The typical buyer prefers townhomes and duplexes to condos, but the profile shows that not all of the buyers could afford the homes as presently sized. Private space and "room to grow" were key features requested by the typical buyer. Consideration, therefore, should be given to building slightly smaller townhomes and/or duplexes with unfinished space to allow more buyers the opportunity to purchase now and expand their livable space in the future as needs change. Perhaps the site plan could be reconfigured in such a way to allow a group of smaller sized townhomes to be built in place of one multiple family building in the center of the site without drastically impacting the total density. Town of Vail Page 3 2/16/2016 Since the profile also shows that there are buyers, who can afford slightly higher priced units, perhaps there can be a variety of sizes and types of units to accommodate the needs of this segment and priced according to means, thereby generating additional revenue to balance the sale and subsidy of more modestly priced homes. There is also contrast among the buyers with a large group of potential home owners, who have lived and worked in the Valley 10 years or less and those who have been here much longer. This suggests that there may be a need to amend the Town's lottery process to ensure that newer residents have an opportunity to live in the Chamonix Neighborhood. IV. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council considers the following: • changing the mix and sizes of the homes to accommodate the needs of the typical buyer profile as outlined. • develop a pricing strategy which allows for a variety of price points to meet the varying needs of the buyers, which also allows for higher price points to help subsidize more affordably priced units. • using a variety of deed restrictions to allow some homes to be sold with lesser restrictions to generate more revenue and still maintain permanent residency, while others have greater restrictions to maintain affordability. • changing the lottery parameters for some of the homes in to allow more recent residents the opportunity to obtain a home in the Chamonix Neighborhood. • building a number of the new homes with unfinished spaces that allows for affordability today and the opportunity to grow into the home over time as needs and lifestyle change. Attachment: Chamonix Neighborhood Buyer Survey Town of Vail Page 4 2/16/2016 TOWN OF VAIL 75 South Frontage Road West Vail, Colorado 81657 vailgov.00m Chamonix Neighborhood Buyer's Survey Community Development Department 970.479.2138 Thank you for taking the time to help us with this information request. This information is very important in helping to determine the vision for development of the Chamonix Neighborhood. It should only take you 5 to 10 minutes to complete the question naire.This survey is anonymous, meaning that there is no way to connect your responses with you. Toward that end, please do not sign your name to the survey or include any information in your responses that makes it easy to identify you. The information collected from this survey will only be used in composite totals to show ranges of data to decision makers. All of the information collected will remain strictly confidential and not used for any type of solicitation. Housing Preferences: 1. What size of home do you need? a. 1 bedroom, 1 bath units to maximize affordability at the low end b. 2 bedroom, 2 bath units with adequate storage C. 2 bedroom, 2 bath units plus unfinished "bonus space" d. 3 bedroom, 2.5 bath units e. 4 bedroom, 3 bath units f. Please provide a explanation related to your selections above: 2. What approximate square footage are you looking for? 3. What is the maximum price you can afford for your next home? 4. How many vehicles do you have? 2/16/2016 5. On a scale from 1 (most important) to 10 (least important), please rate the relative importance of these features (there can be more than one feature with the same rating)? a. quality over quantity of units b. maximize quantity of units to accommodate more residents c. generous open space (and lower density to allow for green space) d. quality park for public use e. 2 -car garages in all instances; some visitor parking nearby f. common area landscaping consistent with the neighborhood g. architectural features consistent with the nearby Fire Station h. architectural features compatible with Vail Mountain Architecture i. all black solar arrays on as many roof surfaces as possible j. additional storage for all units, regardless of type or size k. small private exterior spaces for all units I. unfinished space for storage/future expansion, e.g., basement with plumbing "rough -in" for future bathroom M. energy efficiency n. eat -in kitchen o. larger closets vs. larger rooms 6. What important features did we overlook? 7. What style of home best accommodates your needs and lifestyle; please rank the choices below 1-3? a. condo b. town house c. duplex home Current Employment Situation: 8. Number of persons in Household: 9. Number of persons earning an income: 1 person 2 persons 3 persons (or more) 10. For each income earner in your household, where is their place of employment (place the corresponding number in descending order of earnings by the location P1, P2, P3)? a. Town of Vail (with the Town's boundaries) b. East of Vail — Frisco, Silverthorne, Dillon, or other locations Town of Vail Page 2 2/16/2016 C. Minturn, Red Cliff, Leadville, or other locations d. Between Eagle -Vail and Edwards e. West of Edwards and east of Eagle & Eagle Ranch f. Eagle or Eagle Ranch g. Gypsum h. West of Gypsum i. Other location: 11. What is each income earners occupation? P1. P2. P3. 12. How many years has each been in this occupation? P1. P2. P3. 13. How many years employed in this current position? P1. P2. P3. 14. If less than two years, how many years with the previous employer? P1. P2. P3. 15. What is your total annual household income (combined income of all income earners living in your residence)? a. under $50,000 b. $50,000 to $62,500 C. $62,501 to $75,000 d. $75,001 to $87,500 e. $87,501 to 100,000 f. $100,001 to $112,500 g. $112,501 to $125,000 h. $125,001 to $150,000 i. more than $150,000 Housing Situation: 16. Which circumstance best describes the current occupants of your residence: a. Single, no additional occupants b. Single with at least one additional adult occupant (roommate situation) C. Two adult occupants, unmarried, no children d. Two adult occupants, married, no children e. Single parent with 1 or 2 children f. Couple with 1 or more children Town of Vail Page 3 2/16/2016 17. Which phrase below best describes the size of your current residence: a. way too small b. a bit small c. just about right and will be OK going forward for the next 5 to 7 years d. plenty of room to grow into it e. other — describe: 18. What is the approximate square footage of your current residence? 19. What is the number of bedrooms in your current residence? 20. How many parking spaces do you have at your current residence? 21. What is the location of your current residence: a. Town of Vail (with the Town's boundaries) b. East of Vail — Frisco, Silverthorne, Dillon, or other locations C. Minturn, Red Cliff, Leadville, or other locations d. Between Eagle -Vail and Edwards e. West of Edwards and east of Eagle & Eagle Ranch f. Eagle or Eagle Ranch g. Gypsum h. West of Gypsum i. Other location: 22. Have you ever lived in Vail? Yes No 23. How long have you lived in your current residence? 24. How long have you lived in Eagle County? 25. Do you own your home or are you renting? a. Own b. Rent 26. If you own, what was the purchase price of the property? a. under $300,000 b. $300,000 to $350,000 C. $350,001 to $400,000 d. $400,001 to $450,000 e. $450,001 to $500,000 f. more than $500,000 Town of Vail Page 4 2/16/2016 27. When did you purchase your current residence? 28. Is your current residence deed restricted? 29. If renting, what are you currently paying per month? 30. If renting, when does the current lease agreement expire? 31. Please provide any additional input you feel strongly about? 32. How did you hear about the Chamonix Neighborhood: a. Newspaper b. Internet C. Friend d. Realtor e. Radio f. Town Website g. Other — Describe: Town of Vail Page 5 2/16/2016 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February16, 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: Staff is requesting Council Table Ordinance No. 3, Series of 2016 to a date to be determined. 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 ATTACHMENTS: Staff memorandum Ordinance No. 3, Series of 2016 PEC Memorandum 12-14-2015 with att. December 14, 2015 PEC Results 2/16/2016 0) TOWN OF VAIL Memorandum TO: Vail Town Council FROM: Community Development Department DATE: February 16, 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. 2/16/2016 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 1S 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 2/16/2016 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 2/16/2016 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 2/16/2016 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- 2/16/2016 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- 2/16/2016 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 16th day of February, 2016, and a public hearing for second reading of this Ordinance set for the 1St day of March, 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 2/16/2016 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1St day of March, 2016. ATTEST: Patty McKenny, Town Clerk Ordinance No. 3, Series 2016 m Dave Chapin, Mayor 2/16/2016 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- 2/16/2016 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. 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 2/16/2016 1 • too 1 ! All, r �f w 1 4D 140 .. r'�"' ►ice 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 2/16/2016 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 2/16/2016 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 2/16/2016 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 IP "Imp Ile - p k ar; 42/ 2016 R� 44"1 IM a —- Mlinsuremont Markers Salected Parccls Dl recti c ns/R€ tAl nR Pv_ Eagle County Parcels Parcel Deta]s SIze - Apprax. (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 vlllagH mastur Plan burisl Ia-2d R+duvaPjpimmit Nlugtui F'Wn 0ammunAy Cu ii I i I i+H uj 2/16/2016 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: 2/16/2016 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. 2/16/2016 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? 2/16/2016 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? 2/16/2016 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). 2/16/2016 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? 2/16/2016 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 2/16/2016 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. 2/16/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2016 ITEM/TOPIC: Vail Transportation Ordinance Update The Town Transportation Ordinance will be reviewed and the current status of the system and permitting will be discussed. Potential changes will be recommended to address the Transportation Network Companies. Cliff Hinson of the Colorado Department of Regulatory Affairs, Public Utilities Commission will brief the Council on PUC regulations impacting transportation providers in Vail. PRESENTER(S): Dwight Henninger, Police Chief, and Cliff Hinson, PUC ACTION REQUESTED OF COUNCIL: Listen to presentation and give input on potential changes to the Transportation Ordinance. BACKGROUND: In 2013 the Council passed Ordinance 7-10 Commercial Transportation Regulations and with the advent of Transportation Network Companies such as Uber and Lyft, there may need to be changes minor to the existing ordinance. ATTACHMENTS: Transportation Council Memorandum 021616 2/16/2016 TOWN OF To: Town Council Stan Zemler, Town Manager From: Dwight Henninger, Chief of Police Date: February 16, 2016 Subject: Commercial Transportation Ordinance In the Fall of 2012 Council discussed and passed the current Commercial Transportation Ordinance 7-10 with the stated purpose of: Memorandum • Provide for safety of pedestrians, motorists and transportation provider passengers. • Reduce congestion in skier drop off locations. • Monitor the significant increase in hotel/motel shuttles within the Town, which had significantly increased in those years prior to 2012. Now that we are in our 40' season of experience with the ordinance it is appropriate to review the successes and areas that need additional work in our passenger transportation system. Overall, it appears that the goals of the ordinance have been met, safety has improved, there is still congestion in Golden Peak, Hanson Ranch Road and East Lionshead Circle, but all three areas seem to be functioning in a more efficient manner. Most importantly we have gained compliance from a majority of the transportation providers to follow the established rules and we have a much better understanding of the number of vehicles accessing the Town, through the process. The original ordinance was based on the requirements of the Eagle County Airport Ground Transportation rules, in an effort to prevent duplication or confusion between the County and Town's rules. A new class of providers has come to Vail since the ordinance was put in place and those are the Uber and Lyft type drivers, also known as Transportation Network Companies (TNCs). A review of our Transportation Ordinance by the Town Attorney as compared with the new Public Utilities Commission (PUC) regulations for TNCs has shown that a majority of our ordinance applies to these drivers, except in the area of insurance. See the below analysis on TNCs. In preparation for this winter season, the Vail Police Department provided email information and a frequently asked questions document (attachment A & B) on the 2/16/2016 Town's Transportation Vehicle Ordinance to provider companies, the new Transportation year started November 1, 2015. Educational outreach meetings have been held in past years for the Hotel Shuttle Drivers, Taxi and Limo Companies, so they can review and be updated on the rules, maps and to provide a forum to express concerns. I have personally conducted these educational meetings for the last two years. Since attendance has only been minimal, email was determined to be the best method of communications for the 2015-2016 year. There were only limited responses to this communication effort and primarily in regards to Uber. It appears that the transportation system is well understood and functioning effectively for most companies. On October 19, 2015 a media release reminding companies of the permit requirements was sent and printed on November 5, 2015 in the Vail Daily, see attachment C. Information on the ordinance is also on the Town Website and includes the Taxi and Limousine Regulations document, attachment D. The Vail Police Department is committed to public education, ensuring the safety of pedestrians and reducing traffic congestion in the Town. To this end, an information card was printed this year for officers to hand out to transportation company drivers reminding them of the ordinance, see attachment E_ The Records Department has been attentive on all ordinance registrations by contacting businesses thru phone, fax, and email to assist in ordinance applications and compliance. Vail Officers have given warnings to seven different businesses for their non-compliance with the ordinance since November 1, 2015. The Police Department has taken a mainly educational stand on the ordinance for the past 3 years by only writing warnings after multiple contacts with the same business. This winter 56 businesses have been permitted and more than 419 permits have been issued to taxis, shuttles, courtesy cars, and luxury limousine service vehicles. The current fee for a vehicle permit is $50 and if purchased after April 1 then it is $25. Since the ordinance enforcement started, there have been noticeable decreases in traffic congestion, according to hotel operators, Cmdr. Daric Harvey and other Town employees. The proceeds from these permit payments have gone to towards purchasing permits and are in a fund to provide physical improvements, or signage as identified. The AVI transponder sections of the ordinance have not been enacted, as it has not been shown that the system would assist in regulating the industry. In the past few years, the State of Colorado PUC has taken a much stronger role in regulating the transportation companies in Vail, which had not been the case for the 10 years preceding the changed enforcement strategy. This has reduced the need for the Vail Police Department to regularly enforce PUC regulations. With the change in clientele at some of our high-end hotels there has been a significant increase in hotel shuttles and courtesy cars, many of these hotels are along the in -town bus route, which carries about 1.5 million passengers a year. Although the Transportation Ordinance has helped improve safety and congestion with these providers, there are still questions if this is an appropriate use of our public roadways. Town of Vail Page 2 2/16/2016 Applicability to Town's Current Ordinance C.R.S. §§ 40-10.1-603 and 40-10.1-604 address the limited ability of the PUC to regulate TNCs, but the statutes are silent as to the ability of municipalities to impose greater restrictions. Generally, municipalities may enact more restrictive provisions than state statutes, provided such provisions do not conflict with the state law. With that in mind, we address each of the sections of Title 7, Chapter 10 of the Vail Town Code. § 7-10-3: This section requires that each "commercial operator" (which includes TNCs) register with the Town and "obtain a permit for each vehicle in the commercial operator's fleet at least thirty (30) days prior to each transportation year." This permit requirement is in line with the requirements under the state law, and it merely imposes an additional process upon TNCs. Because operation of vehicles within Town limits likely is a matter of both local and statewide concern, the Town is permitted to impose additional regulations, provided they do not conflict with the state law. Consequently, this portion of the Town's ordinance does not raise any issues with respect to the interest analysis. § 7-10-4: This section requires that TNCs submit to the Town current copies of authorizations, registrations, and tariffs that have been issued to the TNCs by PUC. The ordinance imposes an additional obligation on TNCs, but the obligation does not conflict with the state law, and, therefore, this is a permissible municipal regulation. § 7-10-5: This section imposes insurance requirements on TNCs, including the obligation to name the Town as an additional insured. This section arguably conflicts with state law, which already imposes insurance requirements on TNCs. As such, we would recommend that this section be modified to exclude TNCs. § 7-10-6: This section requires that TNCs agree to indemnify and defend the Town in the event of any losses arising out of the operation of vehicles by TNCs within the Town limits. Because indemnification directly affects insurance, this section arguably creates a conflict with the PUC's insurance requirements. As such, we would recommend that this section be modified to exclude TNCs. § 7-10-7: This section regulates the conduct of TNCs. Most of the conduct regulations in this section simply restate other traffic laws. Nothing in this section is contrary to state law, but several provisions are vague. For example, Subsection A provides that employees must not "use improper language or [... ] act in a loud or boisterous or otherwise improper manner" and must "not engage in open, notorious and public disputes, disagreements or conflicts tending to deteriorate the quality of passenger transportation services[.]" Consequently, we recommend that this section be modified. § 7-10-8. This section allows the Police Chief to require that TNCs equip their vehicles with an Artificial Voice Intelligence ("AVI") transponder, for a fee. Town of Vail Page 3 2/16/2016 Id. While the purpose of this requirement is not stated, presumably, the purpose is so that law enforcement is able to track and locate TNCs to ensure the safety of passengers. Operating under this assumption, the requirement appears to be a reasonable one that furthers a local interest -- i.e., the enforcement of the Town's permitting requirements and the safety of passengers. As such, it is likely valid. Conclusion Most of the Town Code sections regulating TNCs do not run afoul of the current state law regulating TNCs. However, as noted above, we would recommend that several sections be modified. In addition, we are not aware of any other Colorado municipality attempting to regulate TNCs, so any legal challenge to local regulation in Colorado would likely involve the Town. The Town Council may want to consider that when determining whether to continue applying Chapter 10 of Title 7 of the Vail Town Code to TNCs. Questions for Council to consider: 1. Are there physical changes that should be made to improve the passenger experience and safety? Staff has no recommendations at this time. 2. Should staff engage in an analysis of the hotels along the in -town bus route that providing courtesy car and shuttle services, which increase traffic in congested areas? 3. Are there other changes to the ordinance, other than those recommended by staff (sections 7-10-5 and 7-10-6), which should be considered? Town of Vail Page 4 2/16/2016 N-rrnc.a+lc.'rt A Dwight Henninger From: Vail Police Sent: Thursday, October 01, 2015 3:25 PM Subject: Vail Passenger Transportation Permits Attachments: Transportation_Permit FAQ.pdf Vail Passenger Transportation Providers: 1 hope you had a good summer and are ready for the busy season. I would like to remind you that the start of the new transportation vehicle permitting year is November 1, 2015. 1 encourage you to print and complete the permit application form posted to http://www.vaileov.com/Portals/0/docs/Police/2015%20Transportation Permit Application Form.adf. . You may also come to the front desk of the Vail Police Department to complete the paper work. To submit completed applications, make payments and obtain the 2015-2016 permits, visit the Vail Police Department. Applications must be approved prior to commencing operations in the Town of Vail. Enforcement begins November 20, 2015. Tips for completing the 2015-2016 Transportation Permit Application: • All forms, regulations and maps relevant to the Transportation Ordinance are on our website (http://www_v-ailgov.com/departments/oolice/town-ordinances-rules/vail-passeneer-transoortation- ordinance). • To expedite the approval of your application, please make sure all required information is provided on your permit application, including proof of registration with Colorado Utilities and certificates of insurance. • Please thoroughly review your certificate of insurance to make sure you have the required coverage. The number one reason for denial of a request for a transportation permit is due to incorrect or inadequate coverage. • To learn answers to frequently asked questions, please see the attached FAQs document. The Vail Police Department is committed to ensuring the safety of your passengers, our pedestrians and to reducing traffic congestion in the Town. This permitting system continues to assist in successfully effecting the outcomes of these goals. Last year 56 businesses were permitted and more then 357 permits were issued to taxis, shuttles, courtesy cars and luxury limousine service vehicles. Since the ordinance enforcement started, there has been a noticeable decrease in traffic congestion and conflicts between transportation providers. With new industry trends emerging, such as the rise of service providers using mobile -based apps, like Uber and Lyft, it is now more important than ever to comply with the Transportation Vehicle Ordinance. If you have questions about the ordinance please see the on-line code at: http://www.sterlingcodifiers.comlcodebook/index.r)hp?book id=560 section 10-7-3. For questions regarding your permit application please contact a records technician at 970-479-2210 or vpdrecordsiEvaligov.com. There is the possibility of infrastructure upgrades and improve facilities used by your industry. With funds generated by permit fees, relevant upgrades and improvements are possible. Please email me with your recommendations for upgrades. Mere is hoping for a safe and good winter season! 2/16/2016 2/16/2016 AjilAcu most' Vail Passenger Transportation Permits TOWN OF VAIN` 1. What is the Vail Passenger Transportation Ordinance? 2. Who needs a permit? How much do they cost? 3. How many permits can be issued to me? 4. Where do I apply for a permit(s)? 5. Where should a permit be affixed? 6. What are the terms and conditions of using a permit? 7. What documents are needed to support my permit application? 8. What are the dimensions of an oversized vehicle? 9. What are the areas impacted under this ordinance and the allowed vehicle types? 10.What are the penalties for non-compliance of the terms and conditions of this ordinance? 11. Where can the public report ordinance violations? 12.Taxi and Limo Regulations 13. Available Resources 1. What is the Vail Passenger Transportation Ordinance? Vail Ordinance No. 15, Series of 2412, also known as the Vail Passenger Transportation Ordinance, is a municipal decree establishing a permit system to help regulate the town's management of shuttles, limousines, taxis, buses and oversized transportation vehicles. The system addresses staging, congestion and ease of service issues in the Village Core and Lionshead. Visit www.vailgov.com/commercialpgrmits for more information. 2. Who needs a permit? How much do they cost? Transportation companies and oversized -vehicles needing to access restricted passenger pick up and drop off areas. A permit is $50 per vehicle per transportation year for in -county commercial operators; and, $25 per vehicle per transportation year for out -of -county commercial operators. A transportation year is defined as November 1 to October 31 of the following year. 3. How many permits can be issued to me? One per vehicle as needed. 4. Where do 1 apply for a permit(s)? You can apply between 7:30 a.m. to 5:30 p.m. Monday — Saturday at the Vail Police Department, 75 S Frontage Rd, Vail, CO 81657. (For questions about purchasing permits, call Vail Police Admistration at 970-479-2210.) You can also download the permit application form at www.vailgov.com/commercialpermits then mail the completed application with payment to the Vail Police Department. A vehicle permit will then be mailed to you or is available for pick up at the Vail Police Front Counter. 5. Where should a permit be affixed? Permits must be attached to the front windshield, lower right passenger side and visible to the public. 2/16/2016 b 6. What are the terms and conditions of using a permit? Commercial Operators shall abide by rules of conduct for demeanor; truthfulness; obedience to signs; attendance of vehicles; adherence to designated passenger loading, pick-up and drop-off locations and times; ban on cruising; ban on double parking; restrictions on vehicle idle time; and, restrictions on oversized vehicles. 7. What documents are needed to support my permit application? 1) CertIficates of insurance, evidencing that insurance is in full force and effect during the term of operating privilege, with the following coverages and with the Town of Vail named as an additional insured: ■ Comprehensive general liability insurance policy with limits of not less than $150,000 for any one person injured in any one accident and $600,000 for injury to two or more persons in a single occurrence_ ■ Auto insurance in such minimum amounts as required by the Colorado PUC. ■ Worker compensation insurance coverage required by statute. Please review the sample Certificate of Liability included with this FAQ. 2) (IF YOU ARE REQUIRED TO REGISTER WITH THE COLORADO PUC) Current authorization by or registration with the Colorado Public Utilities Commission (PUC) or the federal government. 8. What are the dimensions of an oversized vehicle? A vehicle over 80" in width or a vehicle with a 16 -passenger or more, seating capacity is considered an oversized vehicle. To ensure efficient traffic movement and protect pedestrian safety, the Town may restrict oversized vehicles from certain areas of the Town, and such restrictions shall be indicated by appropriate signage. 9. What are the areas impacted under this ordinance and the allowed vehicle types? 2/16/2016 0 10. What are the penalties for non-compliance of the terms and conditions of this ordinance? A first violation shall result in the issuance of a warning notice to the Commercial Operator. A second violation shall result in a second warning. A third violation will result in suspension of the Operator's operating privileges in the Town for seven (7) days. Upon a fourth violation during a Transportation Year, the operating privileges of an Operator shall be revoked for one (1) year. The Town Manager or designee may suspend, without prior notice, the operating privileges of a Commercial Operator, if the Town Manager or designee has reasonable grounds to believe that the public health, safety or welfare requires such emergency suspension. 11. Where can the public report ordinance violations? Via email at vailviolationsOvailaov.com; or by calling Vail Police Dispatch at 970-479-2201. Vail Police Department 75 S Frontage Road, Vail, CO 81657 Tel. 970-479-2210 12. Taxi and Limo Regulations EFFECTIVE DATE December 21, 2010, updated December 13, 2012 1-Taxisllimos may not pick up/drop off clients beyond Checkpoint Charlie between 8 a.m. and 5 p.m. unless clients are residing in hotels/condos in the Village core area. 2- Taxis/limos may not drive on Bridge Street to pick up or drop off passengers unless a special circumstance exists such as assisting an injured or handicapped passenger. Clients with large amounts of luggage or personal items do not comprise a special circumstance. Under no circumstances can Taxis/Limos go north on Bridge Street from Gore Creek Drive. 3- Taxis/limos may not stage at the intersection of Bridge Street and Gore Creek Drive but may pick up passengers who have called to arrange a pick up and are waiting at the intersection; limos must have a completed charter order. 4- Taxis may not stage in the Village core area prior to 10 p.m. or after 4 a.m. Limos are not authorized to stage in the Village core area. 5- After 10 p.m., taxi companies may stage up to two taxis each in the loading zone on the south side of Gore Creek Drive between Checkpoint Charlie and the Squash Blossom. Taxis may not stage any closer to Bridge Street than this. Passengers will be able to hail taxis from the intersection of Bridge Street and Gore Creels Drive. 6- After 10 p.m., each taxi company may stage one taxi in the loading zone north of Checkpoint Charlie on the south side of the International Bridge. These taxis can then move up to the loading zone 2/16/2016 indicated in #5 as space becomes available. 7- Taxis/limos are not authorized to enter the Lionshead Mall area, or the bus lane on East Lionshead Circle. Taxis/limos should use the shuttle area on the north side of East Lionshead Circle for pick-up and drop-off between 7 p.m. to 4 a.m. or the skier drop off area inside the Lionshead parking structure (Northwest corner). If the vehicle is over 7 feet in height the top deck of the Lionshead parking structure is available between the hours of 4:01 a.m. and 6:59 p.m. The mall area is a designated fire lane. 8- Taxis/limos must adhere to skier drop-off signage instructions. 9- Taxis may use the north designated lane (west end) at the Village Transportation Center to wait for passengers and must adhere to posted signs. This is a recognized taxicab stand. 10- Town of Vail vehicles will endeavor to park at the east end of the taxi lane_ If you should have any questions regarding these regulations, please contact Vail Police the on -duty patrol supervisor at 479-2201. ADDITIONAL LIMOUSINE SERVICES RULES Effective February 18, 2011, limousines will no longer be allowed to loiter for extended periods at the Vail Transportation Center (TRC). A staging area has been approved for the area east of the Village Information Center to pick up or drop off clients from 7 p.m. to 4 a.m. daily_ This area is the eight parking spaces marked for 15 minute skier drop off east of the building and near the east end stairs from the Colorado Ski Museum. Limos without clients should use the east entrance/exit driveway nearest these parking spaces to access the area. An area on the south through lane on the east side of the Village Information Center, currently marked for Authorized Vehicles (more then 100 feet from the taxicab stand) has been authorized for strop off of clients 24 hours a day. This is also an approved staging area for very large (oversized) limousines, one per company from 7 p.m. to 4 a.m. daily. In all cases, though, limousine carriers must be able to present a completed charter order or manifest upon request whether dropping clients, or when about to provide service to a newly pre -arranged party or clientele. Any limo stopped west of this location without a valid charter order is subject to a class 2 misdemeanor, or PUC fines. Additionally, limousines using this space must have proper PUC and Colo registration documentation. The Colorado Public Utilities Commission (the regulating authority for limousines) regulations state: "No person shall provide luxury limousine service except on a prearranged basis. For purposes of this rule, prearranged basis' means that the luxury limousine service has been arranged or reserved before the luxury limousine service... is provided. No person shall provide luxury limousine service... if that person arranges provision of the service with the chartering party at or near the point of departure. " The PUC has said that arranging any limo service at the TRC would be a violation of this rule. Further: Commission rules expressly prohibit the stationing of luxury limousine vehicles in front of or across the street from a hotel or motel, or within 100 feet of a recognized taxicab stand at any time without a completed charter order in the vehicle. A charter order must consist of the name, telephone number, pickup time, and pickup address of the chartering party who has arranged for the service. A luxury limousine carrier shall provide the charter order immediately upon request by any enforcement official or airport authority. Updated October 24, 2013- H 2/16/2016 TS 15. Available Resources: For clarification on zones, questions about a specific street or permit questions please call Vail Code Enforcement at 970-476-7603. Hours of operation are S a.m. to 6 p.m. For questions about purchasing a permit call Vail Police Department Records 970-479-2210. Hour of operation are 7:30 a.m. to 5:30 p.m. Monday- Saturday. To report a violation or request an officer call Vail Dispatch 970-479-2201. The ordinance, application package, and frequently asked questions are available online at: %vwwi.vailgov.cQm f Mmmercialaermit 5 2/16/2016 Sample '� �• CERTIFICATE OF LIA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT. if the certificate holder Is an ADDITIONAL INSURED, the the terms and conditions of the policy, certain pallcies may require an I certificate holder In lieu of such endorsement(s). ABC Insurance Camp. 1234 Ln. Denver. CO INsuiiED Resorts Vail Road Vail CD 81651 USA BILITY INSURANCE DATE12JI(13312012 12012 YY) IF AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES rE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to ndorsemenL A statement on this certificate does not confer rights to the NNAAMEACT PHONE FAX IAIC. No. Ertl AIC, No.): ADDRESS: INSURERIS) AFFORDING COVERAGE NAIC 9 INV,RERA. insurance company 3214 INSURERS insurance Co. 1324 INSURER insurance co. 1326 INSURER o INSURER E INSURER F: uv tKAL3�5 CERTI FICATE NUMBER: 570040389256 p THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUF INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBI EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA 17 A130L 'r TR TYPE OF INSURANCE INSR YVVO POLICY NUMBER MMIDLVY-r n GENERALLIaaIUTY I123456 t=%�:':" IJ ".. - �"-a X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ElOCCUR X Deductible - N -'NE GEN'L AGGREGATE LIMIT APPLIES PER X I POLICY PRO LOC j !D HEREIN A SUBJECT TO ALL ANY PRr,PRIETOR I PARTNER 1 EXECUTIVE MS Limits shown are as re uested EACH OCCURRENCE_ AUTOMOBILE L.RTY Y N I A � ].11-0113013 111717.x.91.+ It YYes, describe esce under GENERAL AGGREGATE 52,000,000 00000001 $1,000,000 COMBINED S;NGLE LIMIT 1,000.000 ...,.ens,. BODILY INJURY ( Per person) BODILY IN'UR'Y {Per accident) ANY AUTO PROPERTY DAMAGE I Per emdentl EACH OCCURRENCE A" OWNED MSCHEOULED AGGREGATE Y ` " o IMIITS 100 000 E.L EACH ACCIDENT AUTOS E.L. DISEASE -EA EMPLOYEE 500,000 4 X H":RED AUTOS X. NON -OWNED AUTOS UMBRELLALIABOCCUR 1113112J1J EXCESS LULB X CLAIMS -MADE 1354654 WUR11ER5 COMPENSATION AND EMPLOYERS' LIABILITY Y! N! !D HEREIN A SUBJECT TO ALL ANY PRr,PRIETOR I PARTNER 1 EXECUTIVE MS Limits shown are as re uested EACH OCCURRENCE_ OF FICERIMEfuem EXCLUDED? ❑ N I A (Mandatory In NH) 5,000 PERSONAL&ADVINJURY _ It YYes, describe esce under GENERAL AGGREGATE 52,000,000 DESCFIPTION.OF OPERATIONS below $1,000,000 COMBINED S;NGLE LIMIT V IQIL:P1 IYulrlocrV. ED NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS !D HEREIN A SUBJECT TO ALL THE TERMS. MS Limits shown are as re uested EACH OCCURRENCE_ s1,000,000 PREMISES LEsoccurren. 100,000 MED EXP (Any one person) 5,000 PERSONAL&ADVINJURY _ S110001000 GENERAL AGGREGATE 52,000,000 PRODUCTS -COMPIOPAGG $1,000,000 COMBINED S;NGLE LIMIT 1,000.000 ...,.ens,. BODILY INJURY ( Per person) BODILY IN'UR'Y {Per accident) PROPERTY DAMAGE I Per emdentl EACH OCCURRENCE AGGREGATE Y ` " o IMIITS 100 000 E.L EACH ACCIDENT 100,000 E.L. DISEASE -EA EMPLOYEE 500,000 E.L. DISEASE•POucY LIMn- DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Addilions[ Remarks Schedule, If more space Is requlrod) RE: Vail, CO 81657 Town of Vail is included as Additional insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability and Auto Liability policy(s). CERTIFICATE 'HOLDER Town of Vail 75 S. Frontage Rd Vail CO 81657 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU I nUf4vfn 1AePNE5ENTATIVE Someone Rep. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD to ut obi 10M 0 0 0 Z w IC U 1: d v 2/16/2016 R I 2/16/2016 J 074c omtvv C. FOR IMMEDIATE RELEASE October 19, 2015 Contact: Chief Dwight Henninger, 970 479-2218 Vail Police Department Vail Transportation Permits Required for New Season Beginning Nov. 1 (Vail) --Transportation providers doing business in Vail are reminded that a permit is required to provide passenger service within the town. The permit system was established in 2012 to help regulate the town's management of shuttles, limousines, taxis, buses and other transportation services, including Uber and Lyft. Permits are issued on an annual basis and are valid Nov. 1 through Oct. 31 of the following year. Permit -holders are allowed access to designated staging areas for passenger pick-up and drop-off areas in Vail Village and Lionshead. Permits are $50 per vehicle per transportation year for in -county commercial operators and $25 per vehicle per transportation year for out -of -county commercial operators. Applications are available online at vailgov.com/commercialpermits or from the Vail Police Department Records Counter which is open from 7:30 a.m. to 5:30 p.m. Monday through Saturday, 75 S. Frontage Road. For questions about purchasing permits, call Vail Police Records at 970-479-2210. 2/16/2016 A8 I Thursday, November 5.2015 1 The Vail Da ly ci rl asrf REAL NEMOCAM p OFF TMA MU• ALL DAY! valid with eery other aaers. Mus Grefrra coaaw� LOCAL & REGION Transportation services need permits System helps fegulate town's management of transit services Daly staff report ne.rr-rn.^�ewkLotymn VAIL - Transportation prmiders doing bttsinree in Vail arc requim<l to purchase annual permits to provide passenger scnice within the town. The permit system was established in foil to help regulate the towrok management of shuttles.limousima, taxis, buses and other tranaportati an services, Including Uber and LyfL Permits are issued an an annual basis and are valid Nor,1 through Oct. 31. Permit -holders am allowed access to designated staging areas for passenger pick-up and drop-off anal in Vail Village and LionAwad, Pcrmitn are 550 per schici+ per trarisportation year Tarin -county commercial opentnts and $25 per vehicle per t ansportatinn year for out -of county commercial operators. Applications am available online at vailgov.com/cornmercialpermits or from the Vail Police Mpartment Records Counter, which is open from 7a0 am. to 5:30 pm. Mondays through Saturdays, 7.s, S. Frontage Road. Far questions about purchasing permits, call Vail Police Records at 970-479-2210, Las E 0*6 dd Cmrdado EgA coin pnparaM6 m plan reaeoo & Imxkdam low'slosl qw t quo lar —min y slrm inaal0000n wmpfan con bs sorsa y aigdivm a Imgaplum. 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Seam"M E094 Valry, Fnmoria lmsh Geek, Pei ROM oil Gypsum, Mmmia Rad Hd, Ucuadano Gypsum Creek, RCHS, W151 Edtemo We Elimeo Olde f svammt lame Moufao Prep robed fogle Va ty 9 de nariembre, 2515 17 de mo:rem6% 2015 50 BAD pm 5.00 1!00pm soPrcpa`__ odododeM'dn rmrpme. nm=Ranee rn espadal djWvAlo AWMAUN Els[i rdttnts�x 2/16/2016 TOWN OF Awn CiSr�$,� '0' P OLl �.c; �* �'�' j;l .4 l2T'COP 75 South Frontage Road West Police Department Vail, Colorado 81657 970.479.2210 vailgov.com/police 970.479.2216 fax TAXI & LIMOUSINE REGULATIONS EFFECTIVE DATE: December 21, 2010, updated December 12, 2013 1- Taxis/limos may not pick up/drop off clients beyond Checkpoint Charlie between 8 am and 7 pm unless clients are residing in hotels/condos in the Village core area. The Code Enforcement Officer at Checkpoint may authorize deviations from this rule for special cases such as rule #2. 2- Taxis/limos may not drive on Bridge Street to pick up or drop off passengers unless a special circumstance exists such as assisting an injured or handicapped passenger. Clients with large amounts of luggage or personal items do not comprise a special circumstance. Under no circumstances can Taxis/Limos go north on Bridge Street from Gore Creek Drive. 3- Taxis/limos may not stage at the intersection of Bridge Street and Gore Creek Drive but may pick up passengers who have called to arrange a pick up and are waiting at the intersection; limos must have a completed charter order. 4- Taxis may not stage in the Village core area prior to 10 pm or after 4 am. Limos are not authorized to stage in the Village core area. 5- After 10 pm, taxi companies may stage up to two taxis each in the loading zone on the south side of Gore Creek Drive between Checkpoint Charlie and the Squash Blossom. Taxis may not stage any closer to Bridge Street than this. Passengers will be able to hail taxis from the intersection of Bridge Street and Gore Creek Drive. 6- After 10 pm, each taxi company may stage one taxi in the loading zone north of Checkpoint Charlie on the south side of the International Bridge. These taxis can then move up to the loading zone indicated in #5 as space becomes available. 7- Taxis/limos are not authorized to enter the Lionshead Mall area or the bus lane on East Lionshead Circle. Taxis/limos may use the shuttle area on the north side of East Lionshead Circle for pick-up and drop-off between 7 pm to 4 am any other times they must use the skier drop off area inside the Lionshead parking structure (southwest corner, first level). If the vehicle is over 7 feet in height the top deck of the Lionshead parking structure is available between the hours of 4:00 am and 7:00 pm. The mall area is a designated fire lane. 8- Taxis/limos must adhere to skier drop-off signage instructions. 9- Taxis may use the north designated lane (west end) at the Village Transportation Center to wait for passengers and must adhere to posted signs. This is a recognized taxicab stand. 10- Taxis/limos must use the lower lot at Golden Peak for pick-ups and drop-offs, no staging. 11- Town of Vail vehicles will endeavor to park at the east end of the taxi lane at the TRC. 2/16/2016 TOWN OF h T DD t �A9RVA 75 South Frontage Road West Police Department Vail_ Colorado 81657 970.479.2210 vailgov,comlpolice 970,479.2216 fax ADDITIONAL LIMOUSINE SERVICES RULES Effective February 18, 2011, limousines will no longer be allowed to loiter for extended periods at the Vail Transportation Center (TRC). A staging area has been approved for the area east of the Village Information Center to pick up or drop off clients from 7 pm to 4 am daily_ This area is the eight parking spaces marked for 15 minute skier drop off east of the building and near the east end stairs from the Colorado Ski Museum. Limos without clients should use the east entrance/exit driveway nearest these parking spaces to access the area. An area on the south through lane on the east side of the Village Information Center, currently marked for Authorized Vehicles (more then 100 feet from the taxicab stand) has been authorized for drop off of clients 24 hours a day. This is also an approved staging area for very large (oversized) limousines, one per company from 7 pm to 4 am daily. In all cases, limousine carriers must be able to present a completed charter order or manifest upon request whether dropping clients, or when about to provide service to a newly pre -arranged party or clientele. Any limo stopped west of this location without a valid charter order is subject to a class 2 misdemeanor, or PUC fines. Additionally, limousines using this space must have proper Town Permits, PUC and Colorado registration documentation. The Colorado Public Utilities Commission (the regulating authority for limousines) regulations state: "No person shall provide luxury limousine service except on a prearranged basis. For purposes of this rule, `prearranged basis' means that the luxury limousine service has been arranged or reserved before the luxury limousine service... is provided. No person shall provide luxury limousine service... if that person arranges provision of the service with the chartering party at or near the point of departure." The PUC has said that arranging any limo service at the TRC would be a violation of this rule. Further: Commission rules expressly prohibit the stationing of luxury limousine vehicles in front of or across the street from a hotel or motel, or within 100 feet of a recognized taxicab stand at any time without a completed charter order in the vehicle. A charter order must consist of the name, telephone number, pickup time, and pickup address of the chartering party who has arranged for the service. A luxury limousine carrier shall provide the charter order immediately upon request by any enforcement official or airport authority. Further information is in the Town's Transportation Ordinance 7-10-1, which can be viewed on- line at www,vailgov.com If you should have any questions regarding these regulations, please contact Vail Police the on - duty patrol supervisor at 479-2201. Updated December 12, 2013 -I- 2/16/2016 7'a (_" r+ Ejr F_ WHAT Vail Ordinance No. 15, Series of 2012 (Vai` Passenger Transportation Ordinance) is a municipal decree establishing a permit system to help regulate the town's management of shuttles, limousines, taxis, buses and oversized transportation vehicles. WHO All transportation companies and oversized -vehicles needing to access restricted passenger pick up and drop off areas are required to have a permit. WHEN November 1 - October 31 WHERE Apply 7:30 a m. to 5.30 p m. Monday - Saturday at the Vail Police Department: 75 S. Frontage Rd. WHY The system addresses staging, congestion and ease of service issues in the Village Core and laonshead. HOW Information, FAQs and the Application can be found here: vaiigov.com/commercialpermits. Please contact Vail Police Records with questions at 970.479.2210 or VPD@vailgov.com. 75 South Frontage Road TOWN OF VA i t A Vail„ Colorado 81657 970.479.2210 l vailgov com Police Department 2/16/2016 2/16/2016 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February16, 2016 ITEM/TOPIC: Solar Crest Condominiums' trash/recycle structure approval request PRESENTER(S): Tom Kassmel, Town Engineer ACTION REQUESTED OF COUNCIL: Approve or deny the request by Solar Crest Condominium Association to proceed through the approval process to maintain a newly built trash/recycle structure within the Town Right of Way. BACKGROUND: The Solar Crest Condominium Association located at 1400 Lions Ridge Loop illegally constructed a 150 square foot trash/recycle structure this past fall within the town's Right of Way (ROW) along Lions Ridge Loop. The town does not allow private structures to be built within town ROW. The applicant is requesting to proceed through the Town review process maintaining the structure within the ROW. STAFF RECOMMENDATION: Staff recommends that the illegal structure be removed from the ROW and placed on Solar Crest's own property; thus denying Solar Crest's request for permission to proceed through the review process with their private trash/recycle structure in the ROW. ATTACHMENTS: Staff Memo Solar Crest Letter 1-27-16 Vail Honeywagon Letter Existing ROW Encroachments Staff Letter 11-24-15 2/16/2016 WIWI Memorandum To: From: Date: Subject Town Council Public Works Department February 16, 2016 Solar Crest Trash/Recycle Structure within Town Right of Way SUMMARY The Solar Crest Condominium Association located at 1400 Lions Ridge Loop illegally constructed a 150 square foot trash/recycle structure this past fall within the town Right of Way (ROW) along Lions Ridge Loop. The town does not allow private structures to be built within town ROW. Designated ROW areas are areas of land that are dedicated to the town for the purposes of constructing, operating and maintaining public facilities such as roads, sidewalks, bike paths, utilities and other public infrastructure. Staff recommends that the illegal structure be removed from the ROW and placed on Solar Crest's own property; thus denying Solar Crest's request to proceed through the process with their private trash/recycle structure within ROW. BACKGROUND The Solar Crest property was constructed in 1976. After the sale of the majority of its excess land in the early 1990's for the Dauphinais-Mosely Subdivision, Solar Crest had an on-going parking and trash issue. As a result parking was allowed to occur within the town ROW. In 1995 the paved existing parking in the ROW along with a concrete pad and fence for the existing dumpster was approved with some notable conditions; no roof was allowed, thus becoming a fence rather than a structure, and the fenced in area could only be as large as necessary for the then dumpster to fit, approximately 60-70 square feet. Since that time the dumpster and parking have remained within the ROW. This past fall it was discovered that the 60-70 square foot fenced in dumpster area was being enlarged into a 150 square foot trash/recycle structure. After some research it was determined that no approval or permit was issued for the construction. A red tag was issued on November 4th and the HOA was notified and required to submit a Design Review Board application for review. Once the DRB application was under review it was determined that the structure was solely within the town ROW, so the application was denied. A denial letter was sent to the HOA on November 24th (See attached). Town staff met with Mr. Letourneau on November 30th to discuss options and steps to move forward. Staff suggested the structure be moved to one of three locations on the 2/16/2016 Solar Crest property. Mr. Letourneau then attended the December 1st Council meeting during public comment and requested to have the structure remain within the ROW. On December 10th follow up direction was provided by staff to Mr. Letourneau to submit a formal request to Town Council for permission to proceed through the review process if they desired to maintain the structure within town ROW. Due to the holidays, and the original desire of the HOA to obtain an updated property survey, staff did not receive the formal request until January 28th III. DISCUSSION Right-of-way is an area of land that is dedicated to the town for the purposes of constructing, operating and maintaining public facilities and infrastructure. Examples of public right-of-way uses: • Roadways • Sidewalks and Bike paths • Utility mains and services (i.e. Water, Sewer, Phone, Cable, Gas, Electric, etc...) • Drainage Facilities (i.e. Curb and Gutter, Storm Sewer, Ditches, etc...) • Fire Hydrants • Street Lighting • Bus Stops • Driveway entrances • Public On -Street Parking Permissible private encroachments in the ROW are generally driveways (heated and non -heated) and landscaping. These encroachments are required to meet the town code and are required to have a revocable right of way permit filed with the county and recorded against the property. The revocable right of way permit requires the private owner to insure and indemnify the town against accidents or claims as a result of the encroachment, allows the town to have the encroachments removed and/or modified as necessary at the expense of the private owner, and holds harmless the town from any damage to the private encroachment. There are many existing dumpster encroachments throughout the town that would be considered illegal and are not permitted. Many of these encroachments, by default, have been considered "grandfathered" and action has generally not been taken by the town to have them removed until such modifications or new development occur on the property. In this case, the "grandfathered" dumpster pad and fence has been modified, enlarged, and enclosed, and therefore should now be required to become compliant. Staff completed a drive-by survey of all the local roads and found 20-30 trash dumpsters, and/or trash/recycle structures that currently reside either partially or completely within the town ROW. A list of these encroachments is attached. A similar circumstance to the Solar Crest trash structure issue came up within the past year at the Telemark townhomes. Telemark has historically had a dumpster within the Town of Vail Page 2 2/16/2016 ROW along Vail View Drive and recently made a request to town staff to enclose and enlarge their existing dumpster pad in order to become compliant with the town code for both trash and recycle. The HOA desired to enclose the dumpster in its existing location which was within the ROW along Vail View Drive. Since the improvement would introduce a structure within the ROW, it was denied. However since the HOA came to the town first, prior to construction, the town and the HOA were able to find a reasonable solution that moved the existing dumpster out of the town ROW and onto Telemark's property where they were able to build an enlarged trash/recycle structure. Allowing the Solar Crest trash/recycle structure to remain in the ROW after it has been illegally constructed would be against Town Code and contrary to the direction and approval that was recently given to Telemark. It would embrace a build first ask for forgiveness later attitude and penalize those who asked for permission first like the Telemark Townhomes. Staff believes there are at least three possible alternative locations for this structure that are actually on Solar Crest's property. If town staff had been brought into the discussion prior to the illegal construction, these would have been brought to the HOA's attention. This would have saved significant time and resources. The preferred location is one which would have minimal impacts to the property itself but would require parking coordination on days of trash/recycle pick-up (See attached). If the structure were moved to this location, upwards of two parking spaces would need to be displaced once a week during the periods of trash/recycle pickup. These vehicles could possibly be temporarily displaced to the area that is currently occupied by the illegal structure. Two other locations that are available on Solar Crest property are to the west of the parking, and would not impact parking but would require some embankment fill and small retaining walls. If Council decides to allow the existing structure to remain completely or partially within the ROW and proceed through the development process, it should be noted that even with permission to proceed through the development review process, there are known issues with the current structure that would have to comply to other portions of the Town Code; unless these are also specifically waived by Council: • All structures shall be a minimum of 10' off of the edge of road; the current structure is -r4.5' off the edge of road. • T 111 siding is not permitted • Since the structure is greater than 120 SF it should comply with the currently adopted IBC. The IBC does not govern over projects within the public ROW, however if the structure is allowed to remain in the ROW it should be compliant with the IBC for building safety reasons. • Additionally there may be other unknown issues that may be discovered through the review process, once a formal submittal is made. Also if the structure is permitted within the ROW, Council will need to provide staff with direction on how proposed and existing structures within the ROW should be dealt with in the future. There are 20-30 more potential existing "grandfathered" candidates within the ROW and staff will need to understand the desired direction for these non-compliant Town of Vail Page 3 2/16/2016 structures, as well as any new ones that may be requested in the future. Also, staff would need to know whether or not those properties that recently came into compliance (i.e. Telemark Townhomes) should be allowed to reinstate a structure in the ROW as originally requested. IV. STAFF RECOMMENDATION Staff recommends that the illegal new structure built in the ROW by Solar Crest be removed from the ROW by June 25, 2016. In the meantime the current illegal structure will remain in a stop work status and a new application with a proposed location on Solar Crest property should be submitted for review and approval. Council may also consider whether or not the existing structure should be used temporarily until such time it is moved and/or a new structure is built on Solar Crest property. If Council permits the temporary usage of the structure, a new revocable right of way permit will need to be filed, and then revoked no later than June 25, 2016. The revocable right of way permit provides the necessary temporary approval and liability insurance if the structure should be damaged by or cause damage to the public. V. ATTACHMENTS Photos Letter to Solar Crest — 11/24/15 List of ROW encroaching trash facilities Letter of Request from Solar Crest — 1/27/16 Letter from Honeywagon — 1/13/16 Town of Vail Page 4 2/16/2016 Town of Vail Page 5 2/16/2016 - � ��� � a►a Wr , Cji'1�, _ t Subject: Repaired/Rebuilt Dumpster Shed 1/27/2016 Solar Crest Condominium Association 1400 Lions Ridge Loop Vail, Co. 81657 Property Manager: Michael Letourneau C-970-401-0938 E-mail- MKLET30AOL.COM To the Vail Town Council, This is a letter regarding a request to have our recently repaired/rebuilt dumpster/recycle Shed to remain as built on a Town of Vail ROW. The intention of the Shed was to satisfy a new mandatory recycling program via the TOV. With no formal building protocol or criteria for the repaired and upgraded structure, the Assoc., enthusiastically took it upon itself to redo a very badly worn dumpster with a new updated version which will accommodate recycling for now and in the future. In the original TOV website notice for mandatory recycling, it states simply that: HOA's are required to recycle on site (add a dumpster to the area where they have trash). Above in the same notice it comments about "Keeping our footprint small", and "think of it as a small token of your love". Keeping our footprint small was a big consideration and a cause we ideally do not want to add to at this stage with the Shed near completion. Our footprint, is a piece of dirt 9'x15' in a logical location for us, the trash company, and we think, for the TOV. As with any repair, our intent was to repair and improve any functional design flaws in the newer recycling version of the old dumpster. Of course the dumpster had to be larger to accommodate the two or three new recycle bins. The first repair/improvement was to create a level slab or dumpster pad which would greatly reduce the trash truck drivers accidentally slamming into the back of the Shed because of the downward sloping driveway. The Sheds durability is directly affected by the driver's ease of direction or angle for the trash pick up. We installed metal posts in the rear inside floor of the shed, to prevent years of constant ramming by the truck drivers into the rear of the Shed, which eventually jars the Shed from its floor anchors. After critiquing the neighborhood dumpsters, we determined that we should have a heavy-duty roll -a -way door for the big dumpster can, as the old swinging doors needed constant repair. The $4k roll -a -way door (waiting to be installed), would be 2/16/2016 mounted on the inside of the shed for protection from the trash truck drivers and to reduce the general ugliness. We would add a 36" wide metal door with a punch code for daily access to the recycling bins and the main dumpster. This would eliminate poachers and the bears from making a mess.. The grey metal roof would match the color of our grey shingles on the condo complex. The roof would be self cleaning for snow loads off the back side of the dumpster. The roof is completely vented for air flow. We are aware of the Sheds outdated siding (T1-11), which has been used to match the current condo siding (which has survived 40+ years). We plan on this siding to be used as the base plywood for our new future siding. 20 years ago, our Shed was approved as long as we added a horizontal wood siding over the T1-11. That wood siding looked completely different than our existing T1- 11 condo siding and eventually curled up and looked ridiculous for many years before the recent repair. We might propose in this case the continued use of the T-1-11 siding for the repaired Shed. Again the real challenge for the Shed, is making it easy for the truck driver's to access the trash. Our other structural miss is that we are 6" to close to the road. Which is in this case is about 4 sq ft of the corner of the building. We intentionally pulled it back from the road about a 1.5' from the old sheds proximity to the road. The rear of our neighbor's trucks when parked, are the same distance from the road as the Shed. If the TOV feels it is important to regain the six inches back from the road, we could move the Shed back 1 foot and cut down the rear of the Shed by 1 + feet, to reduce the overall square footage by 15+', thus making the building under 120 square ft. which is the size of a structure that apparently does not need a building permit. This adjustment would make the use of three recycling bins(which we expect to have in use because of all the cardboard) very tight as well as make our daily trash access forced at best. We again are hoping these misses are OK'd for the sake of the new recycling program. Like many Vail residents, we have had many close encounters with bears over the years. Dumpsters attract bears and our neighbors have kids. For safety reasons we feel the current location is best. Solar Crest has recently been made aware of the recalling of previously granted use of TOV ROW'S. Our appeal is to the TOV for continued use of the very same 9' x15' piece of land that was granted for use 20 years ago, and also, for the approval of the sheds ideal and most logical location on our property for the trash pickups without changing or reducing our very limited parking situation. Less parking for guest would be a disaster for us and drastically reduce our property value as who would want to buy a home with no extra parking. 2/16/2016 This loss in real estate cost, because of recycling, in our case, could represent hundreds of thousands of dollars, which for most of us is a large part of our retirement. . The largest challenges we see with the other viable TOV suggested location, which is behind 2 current parking spots, are as follows: -We will lose 2 valuable parking spots leaving us with only 1 quest spot for our 6- plex. If this was a proposal for a new building complex, we doubt the DRB would approve only one guest spot. -Our parking lot is sloped from west to east and will require an awkward angled concrete ramp to be built in the middle of our parking lot, allowing the truck driver's entry to be level with the new dumpster shed to pick up the trash and to avoid hitting the Sheds vertical walls. Also, the main road gets much narrower and slippery in the winter, which makes the approach angle for the truck drivers into that location very tight and has a good potential for the driver to hit one of the adjacent parked cars. The new Sheds concrete slab will have to be at least 10" to 14" thick in the back to accommodate the ramp and height needed to bring in the trucks at an appropriate level. Our Footprint is now growing very big for the sake of recycling. -We often have our plow driver, do a complete side sweep our lot with all the cars removed, to make our parking less intrusive into the street. The new ramp would make that impossible. -One option the TOV has suggested, is to remove the current dumpster and grant us use of that same TOV ROW location as our extra parking so that would get the Shed off the road. The current dumpster sits on a built up level slab, which is needed for the truck drivers entry into the Shed to avoid hitting the Sheds vertical walls. The current level concrete pad, could potentially be torn up and sent to the landfill and a new downward sloping slab poured again, to gain us back 1 of the 2 lost parking spots. -If the new Shed location is approved, the extra use of raw materials, including roughly two full concrete trucks would be needed to achieve everything the TOV desired. -All of this, is in the name of attempting to use less resources and create a smaller environmental footprint. (See attached letter from Matt Donovan) We realize that on a purely legal level the TOV has the right to revoke any ROW for any reason they feel necessary. We hope the decision for our property is base on logic and not because someone has the upper hand. We hope the "Spirit" of this recycling program, appeals to a more reasonable judgment, which is really what this is about. 2/16/2016 WE RISK LOSING A LOT, while the TOV would have to grant continued use of a very small piece of land for the "Spirit" of recycling, a piece of land that has no other significant use. We suggest the real "Spirit" of recycling is about an avenue to use an important common cause to bring us all together so we can tackle the bigger issues of the world, ie... Help each other however we can! We are still hoping the Town Council and Building Department will either sell us the current 9'X 15" piece of land at a nominal fee or grant us the continued use of the TOV ROW. The TOV has asked a lot from its citizens in the new mandatory recycling program, and we are asking for the TOV to give back a little. In this case a little piece of dirt. It would be our desire to put all the extra effort, time and cash resources we have into the next phase our property improvement. Please, let's turn this project into a positive for all parties and causes involved. Sincerely, Michael Letourneau P.S. If the decision to approve or disapprove will take a while, we ask permission to install the main roll -a -way door and side access door to start using the dumpster, and to remove the 4 yard dumpster sitting in our guest spot. 2/16/2016 2/16/2016 2/16/2016 44 A� gONEYwAGO* Satisfaction guaranteed or your trash 6ack' To whom it may concern, January 13, 2016 As the owner of The Vail Honeywagon waste removal company, I have been asked to evaluate the existing dumpster location and a potential new location. The existing location, from my opinion, has an ideal set-up for our weekly pick-ups. The main door for the 4 yard bin is farthest away from any cars or other potential features our drivers could potentially hit. The angle of the shed is built correctly for our trucks to have an easy access angle to pick up the 4 yard bin. The planned rolla- way door is our ideal choice from the old style swinging doors. Also, the planned metal smaller access door will be convenient for the recycle bins. The building size is really just right for the properties needs which would accommodate a third recycling bin comfortably without being too jammed. The other spot, behind the parking spots has some real issues, which I would not chose to support. The bigger issues are increased liability with my drivers having to enter so close to parked cars and the risk of an accident. This seems to be only a mater of time before that happens. Also, the tight radius turn in the winter time especially, is not ideal. That would require some back and forth movements with my drivers, causing a potential traffic hazard by the crest of a somewhat blind hill. I would need a leveled slab poured to enter the level shed, which would put my trucks much higher than the parked cars. Also, not preferred. If possible, I would request leaving the dumpster where it is. Sincerely, Matt Donovan P.O. BOX 4330 Edwards, Colorado 81632 970-476-3511 Fax: 926-3712 www.vailhoneywagon.com 2/16/2016 Address Encroachment Type 1612 Matterhorn Cricle Tash Locker 1693 Upper Matterhorn Trash Locker 1796 W Gore Creek Dr Trash Locker 1815 W Gore Creek Drive Trash Locer Ptarmigan Townhimes (Gore Creek Drive) Trash Lockers 2665 Larkspur Lane Trashlocker 2625 Larkspur Lane Trash Locker 2801 Basingdale Dumpster(2) 2850 Basingdale Dumpster 2793 Kinnickinnick Dumpster 2958 S Frontage Road (Interlocken Condso) Dumpster 3008 S. Frontage Road Dumpster 2050 Chamonix Dumpster The Valley Condos/Grouse Glenn Enclosure(2) 1880 Meadow Ridge (Bueffer Creek West Condos) Dumpster 1860 Meadow Ridge (Bueffer Creek Condos) Dumpster Simba Run Condos Enclosure Snow Lion Condos Dumpster Lionsmane Condos Enclosure Homestake Condos -1136 Sandstone Dumpster 4192 Spruce Way -Altair Vail Enclosure 4093 Spruce Way- Vail East Condos Enclosure 3094 Booth Falls Road Enclosure 5123 Black Bear Lane Dumpster Alpenglow- Black Bear Lane Dumpsters Timber Falls Condominiums -Meadow Drive Enclosure Ridgeview Square- Spruce Way Enclosure Bighorn Road- Vail Raquet Ball Court Townhomes Enclosure 2/16/2016 TOWN OF 1309 Elkhorn Drive Vail, Colorado 81657 vailgov.com 11/24/2015 Dear Mr. Michael Letourneau, Public Works/Transportation Department 970.479.2158 970.479.2166 fax The Town of Vail has received your Design Review Board application for the construction of an enlarged trash and recycle enclosure at 1400 Lions Ridge Loop. The application has been denied since the structure is proposed to be constructed within the town Right of Way (ROW). After research into the town files, it was determined that the existing trash enclosure was staff approved in 1995 with multiple conditions. The conditions required the enclosure to be no larger than necessary to house the dumpster, have no roof, and require a revocable Right of Way permit. The proposed structure, which has already been illegally built and enlarged, does not comply with these conditions as well as a few others. (see attached) In addition the Town of Vail is in the process of cleaning up historical structural encroachments within the ROW throughout town. As new requests are submitted for replacement or enlargements of existing structures in the ROW they have been denied and alternate locations on the applicant's own property have been approved. In this case we believe there are a few possible alternate locations that could accommodate the new trash and recycle enclosure on Solar Crest's property (see attached). The illegal new structure in the ROW built by Solar Crest will be required to be removed from the Right of Way within the next 30 days. In the meantime a new application with a proposed location on Solar Crest property should be submitted, and the current illegal structure will remain in a stop work status. If you have any questions or if you would like to arrange a meeting to discuss alternate locations, please contact me at 970-479-2235. Sincerely, i Tom Kassmel Town Engineer Town of Vail Cc: Greg Hall, Director of Public Works George Ruther, Director of Community Development Chris Neubecker, Planning Manager Jonathan Spence, Senior Planner Martin Haeberle, Chief Building Official 2/16/2016 TOWN 75 South Frontage Road Vail, Colorado 81657 303-479-21381479-2139 FAX 303-479-2452 January 20, 1995 Solar Crest Condominium Association C/O Wayne ward 14001 Lionsridge Loop Vail, CO 81657 Dear Wayne: • FILE COPY Department of Communiry Development The staff of the Community Development Department has reviewed your application to construct a parking lot on Lionsridge Loop. We feel that the project is appropriate and should go forward with the following conditions. --'The plans for the parking lot and the retaining walls should be stamped by a certified professional engineer who has analyzed the proposed parking and retaining wall system for stability. Please work will Terri Martinez of our Public Works department at 479-2158 regarding this issue. We cannot final approve your parking plans without an engineer's stamp on the drawings. 2. The corner of the trash dumpster enclosure must be located no closer than 5 feet from the edge of asphalt. Additional landscaping will be necessary around the enclosure in the form of shrubs and trees. Please propose a planting plan for the area around the enclosure and indicate the exact location of any existing vegetation. All shrubs must be a minimum size of 5 gallons and trees must be a minimum of 6 feet tall for evergreens. and 2 -inch caliper for deciduous. Please contact me directly to discuss this issue further. 3. The enclosure for the trash dumpster is acceptable as proposed with the exception that we feel that full length doors should be added to the front of enclosure. A gap of 4 to 6 inchtm could be left under the doors so that t swing more easily in snowy conditions_ Plywood cannot be used as a final exterior finish material on the enclosure_ Solid wood siding must be nailed oar. any kind of plywood used in the construction of the enclosure. The dimensions of the enclosure should be no larger than what is necessary to house the dumpster, and the doors cannot swing into the roadway. The dumpster enclosure should be constructed without a roof. The color of the dumpster enclosure should match the color on the existing Solar Crest buildings. 2/16/2016 0 4P Mr. Ward January 20, 1995 Page Two I Adding additional light standards similar to the small landscape lights that you have currently is acceptable, I would recommend placing three to four lights strategically along the south edge of the parking lot. Only two are currently proposed. 4. We would prefer a wider planting bench between the two dry stack walls. We typically require a 4 foot -wide bench measured from the lower face of the upper wall to the upper back side of the lower wall. Can this be accommodated with the space available on the property? Plant material should be proposed between the two retaining walls. Consult with your engineer on this matter. Once we have resolved the issues stated above, we will complete the revocable right-of-way permit and issue you final design review approval. I look forward to meeting with you next Monday at 9:00 a.m. so we can resolve these last few minor issues. Sincerely, Randy Stouder Town Planner 2/16/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 16, 2016 ITEM/TOPIC: Adjournment (9:00 p.m.) 2/16/2016