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Home My WebLink About2016-03-01 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., MARCH 1, 2016 TOWN QFVAIL� Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Proclamation No. 1, Series of 2016, One Book, One Valley Community Reading Program (5 min. ) PRESENTER(S): Lori Barnes, Vail Public Library BACKGROUND: The proclamation gives support for the community- wide reading program One Book, One Valley 2016. 2. ITEM/TOPIC: Citizen Participation (5 min.) 3. ITEM/TOPIC: Design Review Board Appointments (5 min. ) PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Appoint three members to the Design Review Board. BACKGROUND: Interviews with three interested applicants will be conducted during the afternoon meeting. 4. ITEM/TOPIC: Consent Agenda 1) Minutes from February 2, 2016 council meeting 2) Minutes from February 16, 2016 council meeting 3) Chamonix Residential Development - Infrastructure Contract Award 4) 2016 Overlay Contract Award 5) Resolution No. 5, Series of 2016, Designating Public Posting Locations (5 min.) 5. ITEM/TOPIC: Town Manager's Report (5 min. ) PRESENTER(S): Stan Zemler, Town Manager 6. ITEM/TOPIC: Resolution No. 6, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Creating A Partnership as Part of the Plan4Health Grant and Setting Forth Details in Regard Thereto (15 min.) PRESENTER(S): Mark Hoblitzell, Environmental Sustainability 3/1/2016 Coordinator and Kris Valdez Planner, Eagle County ACTION REQUESTED OF COUNCIL: The Vail Town Council will be asked to approve, approve with modifications, or deny Resolution No. 6, Series of 2016 to enter into an intergovernmental agreement (IGA) with Eagle County to support efforts associated with the Plan4health grant. BACKGROUND: Presentation on the PIan4Health program by Eagle County and the Healthy Communities Coalition. Discussion of an Intergovernmental Agreement with Eagle County Government as part of the PIan4Health program presented with Resolution No. 6, Series of 2016. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 6, Series of 2016 supporting the IGA and PIan4Health program. 7. ITEM/TOPIC: Restore the Gore; Gore Creek Water Quality Strategic Plan A discussion of high priority actions and budgetary planning associated with the Restore the Gore Strategic Plan. (60 min.) PRESENTER(S): Kristen Bertuglia, Environmental Sustainability Manager ACTION REQUESTED OF COUNCIL: In anticipation of approval of the Restore the Gore Plan staff requests the Vail Town Council identify questions or information needed. Staff will provide any additional information or edits required for adoption of the Plan by Resolution at the March 15, 2016 hearing of the Vail Town Council. BACKGROUND: At the February 2nd session of the Vail Town Council, staff presented the background and causes of decline of Gore Creek, and the overall Plan to address the lack of aquatic life for which Gore Creek is listed on the 303(d) list of impaired waters. At this session the Vail Town Council will take a more detailed look at the high priority action items selected by members of the community, as well as budgetary implications. STAFF RECOMMENDATION: As this is still a working discussion there is no staff recommendation at this time. 8. ITEM/TOPIC: Vail Golf and Nordic Clubhouse Remodel Project Construction Update (30 min.) PRESENTER(S): Stan Zemler, Town Manager ACTION REQUESTED OF COUNCIL: Direct staff to prepare for the first supplemental budget of 2016 from therecommended funding sources for maximum of up to $651,241 for the Vail Golf and Nordic Clubhouse project. BACKGROUND: The Golf Course and Nordic Center Clubhouse remodel project is a partnership between the Town of Vail (TOV) and the Vail Recreation District (VRD). 3/1/2016 The Town has hired NV5 to provide owner's representation services for the Golf and Nordic Clubhouse Project, Zehren and Associates to provide owner's representation to provide the architectural design and Evans Chaffee Construction Group to provide Construction Manager/General Contracting Services. Construction began on September 8, 2015; clubhouse completion is estimated to be August 2016. The purpose of this item is to: Provide Town Council with a construction budget update Provide project schedule update Provide Town Council direction regarding supplementing the Vail Golf and Nordic Clubhouse project budget STAFF RECOMMENDATION: Staff recommends supplementing the remaining budget from the RETT fund balance. This provides up to $175,000 in additional project contingency to complete the project. Any savings at the end of the project would be returned to the RETT Fund. 9. ITEM/TOPIC: First reading of Ordinance No. 4, Series of 2016, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are now nonconforming due to lot size requirements, and setting forth details in regard thereto. (40 min.) PRESENTER(S): Jonathan Spence, Planner ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No.4, Series of 2016, upon first reading. BACKGROUND: As a result of annexation into the Town of Vail, 35± duplex properties (2 dwelling units on a single development site) have been deemed Legal Nonconforming by the Vail Town Code due to not meeting the minimum lot size for 2 dwelling units. As Legal Nonconforming properties, homeowners are unable to utilize any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) unit or duplex property. The Prescribed Regulation Amendment is proposed to amend the density control section of the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts by providing an exception to the required minimum lot size for those subject properties. The effect of this language will be to remove the nonconforming designation from the properties, allowing utilization of available GRFA or potential property redevelopment. STAFF RECOMMENDATION: On February 8, 2016, the Planning and Environmental Commission recommended the Vail Town Council approve Ordinance No. 4, Series of 2016, upon first reading, with a vote of 5-0-0. 3/1/2016 10. ITEM/TOPIC: Adjournment (8:45 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. 3/11/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 1, 2016 ITEM/TOPIC: Proclamation No. 1, Series of 2016, One Book, One Valley Community Reading Program PRESENTER(S): Lori Barnes, Vail Public Library BACKGROUND: The proclamation gives support for the community -wide reading program One Book, One Valley 2016. ATTACHMENTS: Proclamation No. 1, Series of 2016 3/1/2016 TOWN OF VAIL t Proclamation No. 1, Series of 2016 ONE BOOK, ONE VALLEY, 2016 A Valley -wide reading program sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff and Vail WHEREAS, community -read programs have united and uplifted hundreds of cities and principalities throughout the United States of America; WHEREAS, the book "We Are Called to Rise" by Laura McBride (writer, community college teacher and graduate of Yale who resides in Las Vegas, NV) is McBride's first novel and was partially completed during her residency at Yaddo; WHEREAS, this Eagle Valley community read will feature book talks & discussions, film showings, special related programs such as a writing workshop, art programs, letter writing class and stress management seminar hosted by the partnering organizations, and a special guest appearance by the author; WHEREAS, the Vail Public Library, in collaboration with the Eagle Valley Library District, Colorado Mountain College, and the Bookworm of Edwards have resolved to bring this valley -wide reading program to the citizens of Eagle County; and WHEREAS, the One Book, One Valley initiative will encourage literacy and shared enjoyment of reading throughout Eagle County, NOW, THEREFORE, the Mayor and Vail Town Council do hereby proclaim our support of the One Book, One Valley initiative and officially announce and promote the novel "We Are Called to Rise" to all Eagle County residents for their enjoyment and the enjoyment of all. TOWN OF VAIL Dave Chapin, Mayor Attest: Patty McKenny, Town Clerk 3/1/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 1, 2016 ITEM/TOPIC: Citizen Participation 3/1/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 1, 2016 ITEM/TOPIC: Design Review Board Appointments PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Appoint three members to the Design Review Board. BACKGROUND: Interviews with three interested applicants will be conducted during the afternoon meeting. ATTACHMENTS: Memo DRB Interviews 030116 3/1/2016 TOWN Of 0) VAIL A Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: March 1, 2016 Subject: Interview and Appointments to Design Review Board The terms for both Planning and Environmental Commission and Design Review Board members finish at the end of March. There are four vacancies on the PEC and three vacancies on the DRB. Interviews will be conducted during the afternoon meeting for those interested in serving only on the DRB. The PEC interviews will be scheduled for March 15; the town received three letters of interest and will continue advertising for the fourth vacancy. The selection process is scheduled for the evening meeting. Terms for the appointments to these boards are two years, April 1, 2016 through March 31, 2018. The applicants for the Design Review Board (DRB) include: 1. Andy Forstl, finishing 2nd term 2. Rollie Kjesbo, finishing 3`d term 3. Bill Pierce, finishing 1 st term It is noted the Municipal Code addresses the duration of terms for Boards and Commissions that supports flexibility in allowing longer terms in some instances, described below. 3-1-1: DURATION OF TERMS: No member of any permanent Town board or commission shall serve for more than eight (8) consecutive years. A board or commission member who has served eight (8) consecutive years may serve again after a period of one year of nonservice. Notwithstanding the foregoing. if there is an insufficient number of applicants for a vacant position or positions on any permanent Town board or commission, a board or commission member who has served for more than eight (8) consecutive years shall be eligible to apply for reappointment. The vacancy advertisement was posted earlier this month in the Vail Daily and the town's website. Ten minute interviews are scheduled. Attachments: ■ Letters of Interest / Resumes from Candidates ■ Possible Interview Questions 3/1/2016 Andrew Forstl 2714 Larkspur Lane Vail, CO 81657 February 18, 2016 Town of Vail c/o Vail Town Council 75 S. Frontage Road W. Vail Co. 81657 Dear Vail Town Council, I am writing to express my sincere interest in applying for a Third term on the Vail Design and Review Board. I have thoroughly enjoyed my first term on the Board and feel that I have made a difference in the community by upholding the design guidelines to the best of my ability. I believe that I have helped honor our town's character while insuring that it remains a premier destination resort. Growing up as the son of an architect, my interest in design and building began at a young age. I have worked in the real estate, construction and design community in Vail for the past therteen years and feel that I have a good understanding of Vail's design standards. I am fully committed to raising my young family here in Vail and would like to keep our community as charming and vibrant as it was in the early 1980's when I first fell in love with the town. I feel that we will be facing many challenges in the years to come. We will need to strike a balance between the original reasons for our town's success while paying attention to future trends. 2015 is a big year for our town and now is the time to prepare wisely to welcome the world! I look forward to the next step and would greatly appreciate the opportunity to continue serving our community! Please call me if you need anything. Sincerely, Andrew Forstl 3/1/2016 ANDREW R. FORSTL 2714 Larkspur Lane, Vail CO 81657 970-376-8245 andyvail@msn.com Employment THE DAVOS GROUP VAIL LLC BROKER/OWNER Vail, CO January 2003 - Present Founded and operated a boutique residential real estate firm in the Vail Valley Assisted buyers and sellers in the real estate process from conception to completion, drafting contracts and negotiating terms and conditions Achieved success at all levels of sales, from first-time home buyer to the multi-million dollar investor Worked closely with banks/lenders to ensure clients' needs were met Worked with Town Planning and Zoning departments and architects to advise clients on design and feasibility of development opportunities Developed several rental properties in the Vail Valley, negotiating leases and terms for clients STRATTON FLATS LLC SALES AND MARKETING MANAGER Gypsum, CO May 2007- August 2010 Managed all sales and marketing efforts for Stratton Flats, an Eagle County affordable housing project Worked with the Town of Gypsum during the entitlement process Worked with developer and county to design and build Met with county commissioners and director of housing on a monthly basis during the design process Managed clients from contract inception to closing of home CORPORATE EDGE EXECUTIVE RECRUITING FOUNDER / OWNER/ RECRUITER Morrison, CO September 1996 - 2003 Recruited executive sales and engineering candidates for national telecommunications and IT companies Placed candidates at all levels from Account Executive to Vice President using direct cold calling tactics Worked directly with Senior Sales Executives to build first national sales team for Qwest Communications Worked directly with senior management as a "hired gun" to fill specialty positions Negotiated salaries and options for all candidates MFS INTELENET COMPANIES ACCOUNT MANAGER Denver, CO April 1996 - August 1996 Outside sales to medium and large businesses Provided consolidated local and long distance services Created programs for efficient communications management Established one point of contact for all of client's communication needs Focused on the legal market 3/1/2016 QWEST COMMUNICATIONS ACCOUNT EXECUTIVE Denver, CO February 1995 - April 1996 Focused on large business accounts Created networking systems for all telecommunications needs Provided on-site training for senior management Developed long-term sales management goals Cultivated and expanded client database Focused on the legal market Account Executive of the Year 1995 MVP for three consecutive months MCI TELECOMMUNICATIONS CORPORATION ACCOUNT EXECUTIVE Denver, CO January 1993 - January 1995 [9.193 - 1/95] Outside sales to large businesses Created programs individually tailored for each client Established and maintained long-term business relationships Provided estimates, scheduling, billing, budgets Managed junior sales representatives Attended MCI -sponsored training seminars and sales programs TERRITORY SALES REPRESENTATIVE [1:'93 -8.93] Outside sales to small businesses Created programs for small businesses and operations Learned operations/management procedures of small businesses EstabIished, updated/service:'grew accounts Monthly workshops and sales seminars Achieved 150% sales quota for 5 consecutive months [4; 93 - 8 93] Education Colorado State University, Fort Collins, CO December 1991 Bachelor of Arts, Business Economics Concentrations in Finance and Business Economics Minor in History University College at Dublin, Dublin, Ireland Fall 1988 European Finance and Economics, Irish history and culture Certifications/Memberships State of Colorado Real Estate License (01/03) Vail Board of Realtors (01/03 to Present) Vail Design and Review Board (04/12 to present) Interests Skiing, Mountain Biking, Travel, Music and Family References available upon request 3/1/2016 Vail Town Council My name is Rollie Kjesbo and I have been serving on the Design Review Board for the past 6 years. I am a general contractor in the valley and lived in the town since 1979. 1 very much would like to serve one more term on the DRB. Thank you very much for considering me for this board Roland (Rollie) Kjesbo 3/1/2016 I; ,k mu F dull \rc m of PIERCE ARCHITECTS 1}�un Ueanlufl Ihr.•clui ol':�rchilctlurc hruh} I 10111110 11111LO VAIL, COLORADO February 10, 2016 Town Council 75 S Frontage Road Vail, CO 81657 Attn: Patty McKenny Re appointment to Town of Vail Design Review Board Councilors, I request that you consider my application favorably to extend my service to the Town of Vail through maintenance of my position as a member of the Design Review Board. I have had the pleasure of serving the last four years on the DRB and on the PEC for eight years before that. In the late 1970's I was employed by the Town of Vail and was designated as administrator for the newly established Design Review Board. I had the opportunity to participate in creation of the legislation establishing these regulations and have a good understanding of the purpose behind design review. I attended the first DRB meeting and have participated as a member of the DRB on several occasions. I also served as Chief Building Official during my service to the Town. My understanding of Building Codes as well as local construction practices assists me with the review of development applications. As a practicing Architect in our community for more than 30 years I have experience as an Applicant as well as being in the role of reviewing applications by others. I believe this characteristic provides me with a fairly unique opportunity to understand the needs and desires of the development community while protecting the best interests of the community in terms of maintaining the quality of our built environment. My practice allows me to participate in the design review process in other communities allowing me to introduce improvements to our methods of design review when appropriate. Thank you for your consideration, ////"$ 11 - William Pierce, AIA, LEED GA 10.0 I ,dh(k-,u Roml, .tiuite C `',III C•ulur.« Iu g 1657 P 970.1'(, 043 I ' '170 476 4901 t adarchuect,,wm 3/1/2016 DRB SUGGESTED INTERVIEW QUESTIONS 1) The Town of Vail Design Review Board is charged with implementing Chapter 11, Design Review, of the Zoning Regulations and Title 14, Development Standards, of the Vail Town Code. On annual basis, the board reviews and takes action on more than 300 applications for design review. Applications range in scope from the redevelopment of a ski base area portal to a new sign or change in paint color of an existing single family home. Most importantly, the Design Review Board is responsible for maintaining a high standard of architectural design and high quality development throughout the Town. Given the prescribed role of the DRB, what makes you uniquely qualified to serve on the Board? Please provide an example from your past which demonstrates your qualifications and explain why you are interested in serving on the DRB?. 2) The DRB meets on the first and third Wednesdays of each month. Meetings begin with site visits at 1:00 pm and typically adjourn by 5:00 pm. DRB members shall be appointed to a 2 year term. Attendance at meetings is critical as it promotes a fair and equitable development review process. Please describe your availability to attend DRB meetings for the duration of your term and identify any conflicts of interests that may arise as a result of your employment, personal and/or professional relationships, or financial interests in the Town of Vail. 3) The DRB almost always acts in a quasi-judicial role (like a judge) on design review applications. Decision making is guided by both quantitative and qualitative design standards and design guidelines adopted by the Town Council and prescribed in the Vail Town Code. Personal opinions or subjective decision making is not part of the design review process. Vail is a small community and everyone seems to know each other in one form or another. Please describe your abilities to act in a quasi-judicial role and provide at least one example where you had to make and unpopular decision on an issued based upon a set of criteria or other certain considerations. Additional Potential Questions for DRB and PEC candidates 1) Do you understand the role and time commitment to be on the PEC/DRB? 2) What skills do you possess that you think would be a benefit to your role if appointed? 3) Why are you interested in being appointed/reappointed to the PEC/DRB? 4) What impact do you believe you could have on the PEC/DRB if appointed? 5) What do you think the PEC/DRB is doing correctly? 6) What do you believe the PEC/DRB could improve upon? 3/1/2016 7) What has been your most rewarding aspect of having served on the PEC/DRB? 8) What do you see as the future of the Town of Vail? 9) What impact are you hoping to have on the future of the Town of Vail? 3/1/2016 ►owx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 1, 2016 ITEM/TOPIC: Consent Agenda 1) Minutes from February 2, 2016 council meeting 2) Minutes from February 16, 2016 council meeting 3) Chamonix Residential Development - Infrastructure Contract Award 4) 2016 Overlay Contract Award 5) Resolution No. 5, Series of 2016, Designating Public Posting Locations ATTACHMENTS: Minutes from February 2, 2016 Minutes from February 16, 2016 Chamonix Residential Development - Infustructure 2016 Overlay Contract Award Resolution No. 5, Series of 2016 3/1/2016 Vail Town Council Meeting Minutes Tuesday, February 2, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dave Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Members absent: Greg Moffet Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item of business during the evening meeting was Citizen Participation with comments as follows: ■ Diana Mathias, resident since1980, expressed concern about losing the Cascade tennis courts. She also read a letter on behalf of Mary Sue Katz, resident, that requested the town council get involved with this topic and suggested they address the Special Development District parking requirements. ■ Joe Langress, resident, expressed his support the tennis courts and suggested the town become partners with other entities owning existing courts, i.e. Vail Racquet Club. ■ Vicki Keleske, resident, expressed concerns about losing the tennis courts. ■ Bill Ophir, resident, expressed support of the courts and supported what Diana Mathias expressed. ■ Billy Suarez, resident & VRD Board member, supported them programming and operating a court if there were one they could manage. ■ Michael Cacioppo, business owner, spoke about tennis in general, his role in helping to create VRD, and suggested the town consider exploring the idea of finding an indoor tennis court. Zemler, Town Manager, helped clarify the role of the town in this matter and informed the group the new owners really dictate what happens to the tennis court; the town council does not have a say in the matter at this time. He offered to meet with the group in order to share the details of the topic with them. The second item of business was the Consent Agenda as follows: 1) Minutes from January 5, 2016 council meeting 2) Minutes from January 12, 2016 council special meeting Cleveland moved to approve item numbers 1 & 2, meeting minutes; Foley seconded the motion and it passed (6-0). Town Council Meeting Minutes of February 2, 2016 Page 1 3/1/2016 3) EHU Exchange - 1592 Matterhorn Circle Cleveland asked about VLHA findings as part of the consideration of this topic; Mire, Town Attorney, noted that findings were not necessary. Cleveland move to authorize the Town Manager to execute a deed restriction release and approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Lot 2 Timber Vail Subdivision/1592 Matterhorn Circle, in exchange for a fee in lieu payment for 1,000 square feet. Foley seconded the motion and it passed (6-0). Council requested a review of the fees -in -lieu for the EHU Deed Restriction Exchange ordinance be made in the near future because of the current housing demands. The third item on the evening agenda was the Town Manager's Report at which time there were updates as follows: ■ Follow up discussion and direction about Vail Commons Rent and Percentage Payment Zemler introduced the topic with the request from the homeowners association about their annual land lease payment due the town and request to forego this obligation or dedicate it to a capital fund to be used by their HOA. He noted some background information about the project, the financing, and the current condition of the Vail Commons. There were some options presented, 1) continue to require the payment, 2) forgive the land lease payment obligation which would require finding a "public purpose" to do so, 3) continue requiring the lease payment but instead then earmark the monies for exterior improvements at the Commons. He noted the town has been approached with similar requests in the past. Public input was taken at this time: ✓ Bill Vanguard, HOA President, thanked them for their consideration with support of the third option; the HOA views the funding as their to use on their project. ✓ Bob McKown, Vail Commons homeowner, supported option 3 as well noting the public purpose is the improvements to the property. Town Council feedback included: ✓ Thanks to Town Manager for suggesting options to the HOA request. ✓ Support for using the monies for capital improvements at the property with suggestion to use it for roads & community spaces. ✓ The need to develop criteria to be met before releasing the funds. ✓ Possibly time to review the leases in case other general items would need to be addressed. There were five members in support of directing staff to draft an agreement that would outline such arrangement of using these funds to support capital improvements at Vail Commons. This item would be presented at a future council meeting for further public discussion. ■ Town Council Retreat Follow up Zemler presented a document outlining the priorities identified by Town Council at a December retreat; there were no changes to the list. The council work plan would be drafted using these priorities and presented at a later date for further review. The fourth item of business during the evening meeting was a review of the aesthetic alternatives developed for the new Bridge Road Structure over Gore Creek as presented by Chad Salli, Project Engineer. Council was asked to either endorse the staff preferred alternative or to provide direction towards one of the other alternatives. Salli noted the Town has received a federal bridge replacement grant to replace the existing Bridge Road structure with a new bridge. The existing structure has had to be closed numerous times over the years for safety concerns as debris has created a blockage in one or multiple culverts and the waters of Gore Creek have overtopped the pavement. The new structure will completely span the creek minimizing the possibility of future overtopping, and provide additional clearance for boaters. Town Council Meeting Minutes of February 2, 2016 Page 2 3/1/2016 Construction is scheduled for fall 2017. Loris and Associates, contracted by the Town, has developed four aesthetic alternatives for the new structure which were reviewed. Option A: Traditional Bridge rails with focal columns at the bridge abutments. Options B and C: Bridge rails with arch elements taking into consideration the concrete arches around the existing culverts. Option D: An arch span over the creek. There were descriptions made of each option, a review of costs identified with each option, and a review of some of the public suggestions they received. After further discussion, there was agreement for selecting Option B without the arch in an effort to help keep cinders out of Gore Creek. The fifth item on the agenda was a discussion about the suggested enhancement of activities for final week of ski season as presented by Kelli McDonald, Economic Development Manager. She noted at the Council meeting on January 19, 2016, the Town Council requested staff research opportunities for additional activations during the final week of ski season to drive increased overnight guests and vitality. A review was made of the following three suggestions: 1. Spring Back to Vail Concert Addition: 2. Vail Film Festival Enhancements: 3. Retail and Restaurant Promotional Activation: Vail Chamber and Business Association James Diegan, Highline Sports and Entertainment, spoke about concert bookings and related costs. There was some discussion about proposal no. 2, the film festival, with some support to this group for additional funding its programming. There was overall support for one concert on Friday, Film Festival enhancements, and retail / restaurant activation. It was noted funding would be from the reserves and appropriated with the first supplemental budget ordinance. The sixth item on the agenda was second reading of Ordinance No. 1, Series of 2016, An Ordinance Amending the Definition of Short -Term Rental in the Vail Town Code presented by Matt Mire, Town Attorney. Mire noted this item would be withdrawn because it actually involves a text amendment to Code Title 12 and requires PEC review first. The ordinance was formally withdrawn and no action taken. The seventh 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 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. Mire noted the applicant requested this item be tabled to February 16, 2016 meeting. Foley moved to table first reading of Ordinance No. 3 to February 16, 2016 meeting; Bruno seconded the motion and it passed (6-0). Town Council Meeting Minutes of February 2, 2016 Page 3 3/1/2016 The eighth item on the agenda was adjournment. There being no further business to come before the council, Foley moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at 7:25 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of February 2, 2016 Page 4 3/1/2016 Vail Town Council Meeting Minutes Tuesday, February 16, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dave Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item of business was recognition of Ludwig Kurz, former Vail Town Council Member by Mayor Dave Chapin. Chapin thanked Kurz for his eight years of service to the community; Kurz shared his thoughts about his tenure as a Vail Town Council member. The second item of business was the introductions of San Miguel de Allende Mexico delegation, including the new Mayor of San Miguel de Allende, Ricardo Villarreal Garcia, the new Director of Economic Development, Zonia Torres, and the new Director of Non Profits and Foreign Relations, Teri Kavanagh. The delegation was visiting Vail as follow up to the Sisterhood Agreement executed on July 16, 2015 to further talk about ideas for programming that would support cultural exchanges and promote tourism across resort communities. The third item of business was Citizen Participation with comments as follows: Michael Cacioppo commended Suzanne Silverthorn's communications work with the Town of Vail as the Communications Director; he noted her continuous efforts to inform the public of town business is outstanding; especially the tweeting and arrangement with Channel 5 for the live streaming of the meeting. He also expressed his support of legislation to not allow drones in the Town of Vail and opposed their earlier afternoon decision not to take public input during the initial discussions about the topic. Mike Imhof, President and CEO, Vail Valley Foundation, on behalf of Harry Frampton, Chairman VVF, expressed their thanks to the Town of Vail, and specifically the town's support of funding for the Gerald R. Ford Amphitheater capital improvements, with their loan on the project. He presented the town with a check for early repayment of the loan in the amount of $1,122,198, again thanking the town for their longstanding partnership. Ellen Miller expressed her thoughts about the Vail Trail and asked the town to be thoughtful with decisions that would change the precious elegant graceful walking trail! Town Council Meeting Minutes of February 16, 2016 Page 1 3/1/2016 Jeanne Reid, Bravo! Vail, introduced Jennifer Teisinger as the new Executive Director for their organization. Ms. Teisinger shared some comments about her new position and the upcoming season. Jonathan Levine, Hummers of Vail, suggested the town council postpone their discussion about the transportation ordinance to a later date since not enough notification was provided to the stakeholders. Tom Vucich, resident, requested the review process for the Vail Trails improvements be slowed down so the entire community has a chance to better understand what is being proposed. It was noted a memo has been provided the community that explains facts about the Vail Trail and proposed changes and planned phases of implementation and an open house would be held for the community on February 29, 2016. The fourth item of business was the Consent Agenda as follows: 1. Minutes from January 19, 2016 council meeting Moffet moved to approve the minutes; Bruno seconded the motion and it passed (7-0). The fifth item on the agenda was the Town Manager's Report at which time there was mention made of the upcoming annual community meeting taking place on March 8t" at the Donovan Pavilion. The sixth item of business was a presentation about the Buyer Profile developed from the data obtained from the Chamonix Neighborhood Buyer Survey and review of a staff recommendation for the approach to developing the Chamonix Neighborhood. Alan Nazzaro, Housing Manager, summarized the results of the open house and survey. The results of the survey were compiled and it was noted on December 15, 2015, the Town staff presented four options for approaching the development of the Chamonix Neighborhood. At this time there was preference shown towards a public/private partnership in developing the Chamonix Neighborhood. Concern was noted about the need to avoid setting up a housing program that would award housing based on income level and to be wary of using the public-private partnership approach to developing the project. Michael Cacioppo commented during public input with questions addressing the amount of subsidy that would be required and estimated appreciation of the units. Moffet moved to support the public/private partnership development approach; Langmaid seconded the motion and it passed (7-0). Additional support was stated with comments as follows, 1) the project must keep moving forward, 2) high quality is a must, 3) must move towards understanding the "real" costs to build, and 4) be aggressive with the schedule. The Community Development staff, lead by George Ruther and Alan Nazzaro, was commended on their successful open house, the outcome with the survey results, and their presentations outlining the options, outline for decisions and next steps, and proposed schedule for the project. The seventh 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 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. Cleveland called for a point of order on this topic. Planning Manager Chris Neubecker noted this agenda item was withdrawn due to several posting notice issues and referred back to PEC. Town Council Meeting Minutes of February 16, 2016 Page 2 3/1/2016 The eighth item on the agenda was the Vail Transportation Ordinance update with a review of the current status of the system and permitting of transportation services presented by Dwight Henninger, Police Chief, and Cliff Hinson, Colorado Department of Regulatory Affairs, Public Utilities Commission. An overview of the changing environment in transportation services was presented, with a note that 56 commercial transportation companies are operating in Vail, for a total of 419 vehicles. Henninger noted in 2013 the Council passed Ordinance 7-10 Commercial Transportation Regulations and with the advent of Transportation Network Companies such as Uber and Lyft and in increase in the use of courtesy cars by hotels on bus routes, there may be a need to make minor changes to the existing ordinance. There was a review of the complaints the PUC received as having been reduced in recent years as the state's enforcement became more active. There were some suggestions made by staff moving forward: ✓ Review trends on number of permits issued, especially the number of hotel vehicles ✓ Review need for and possible locations for skier drop off and whether existing locations are successful ✓ Increase public outreach about Lionshead Parking Structure skier drop off location ✓ Review areas where local ordinance conflicts with state law regulations the transportation network companies Hinson spoke in detail about their regulation efforts in permitting and enforcement of the differing transportation services, the PUC budget constraints and recent ability to increase their staffing. He noted some challenges in regulating the different services, i.e. taxis, limousines, and TNC vehicles. He explained the PUC staff works closely with law enforcement agencies as well. The question for Vail is about what changes to their current regulations would be in order. Page three (3) of the council memo outlined the applicability of the Town's current ordinance to that of the PUC regulations. Public input was taken at this time and Michael Cacioppo, owner Business Briefs newspaper, expressed concern about the notice given to the transportation services community and quested if the council should be acting on this topic tonight. He requested they table any action and have further discussions with another review in April. Mire asked council members if there was enough support to move forward the modifications to the ordinance outlined in the memo and addressing the Transportation Network companies; there were four members in support of drafting an ordinance with some of the changes discussed. The ninth item of business was a review of the Solar Crest Condominiums' trash/recycle structure as presented by Tom Kassmel, Town Engineer. The council was asked to either 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. Kassmel presented some background on the matter in that 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. He noted the town does not allow private structures to be built within town ROW so now the HOA is requesting to proceed through the Town review process maintaining the structure within the ROW. Kassmel noted they do not recommend the illegal structure remain in the ROW and that it should be placed on Solar Crest's own property. Michael Letourneau, representing Solar Crest, was present to explain the details and address any questions. There was some discussion about DRB or PEC becoming the review board. It was also noted there are probably 30 other properties that might consider this avenue to resolving some of their similar issues. Again, it was reiterated that Solar crest can not move forward unless the town agrees to serve as the applicant. Foley moved to approve the request to proceed through the process; Langmaid seconded the motion and it passed (5-2; Moffet and Cleveland no). Town Council Meeting Minutes of February 16, 2016 Page 3 3/1/2016 The tenth item of business on the evening's agenda was adjournment. There being no further business to come before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed (7-0) and the meeting adjourned at 8:25 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of February 16, 2016 Page 4 3/1/2016 WIWI Memorandum To: From: Date: Subject IV. Town Council 10171f. 0671:w 03/01/2016 Chamonix Residential Development — Infrastructure Contract Award ITEM/TOPIC Chamonix Residential Development — Infrastructure Contract Award ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Oldcastle SW Group, Inc. dba United Companies to complete the Chamonix Residential Development project for installation of utilities and roadway grading. BACKGROUND February 5, 2016 staff received five bids from contractors to complete the project. Oldcastle SW Group, Inc. dba United Companies $599,342.40 7.30, Inc. dba Western Pipeway $678,393.00 Icon, Inc. $683,210.00 Schofield Excavation, Inc. $738,053.00 Johnson Construction, Inc. $894,922.00 The project is within the engineer's estimate. Work includes installation of water and sanitary sewer mains, storm sewer, conduits for future electric/phone/tv and grading the roadway platform. The project is scheduled to be completed by June 17, 2016. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Elam Construction to complete the Chamonix Residential Development project in the amount not to exceed $599,342.40. 3/1/2016 rowN of vain Memorandum To: Town Council From: Public Works Date: 03/01/2016 Subject: 2016 Vail Overlay Contract Award ITEM/TOPIC 2016 Vail Overlay Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Elam Construction to complete the 2016 Vail Overlay Project. III. BACKGROUND Bids were received on February 18, 2017 from Elam Construction ($433,262.00), United Companies ($457,754.50) and Columbine Hills ($476,551.50). The project is budgeted with the Capital Street Maintenance budget and is within the engineer's estimate. Roads included in the 2016 Vail Overlay Project include Chamonix Lane, Buffehr Creek Road and Lions Ridge Loop from Buffehr Creek Road to Glacier Court. The project is scheduled to be completed by June 12, 2016. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Elam Construction to complete the 2016 Vail Overlay Project in the amount not to exceed $433,262.00. 3/1/2016 RESOLUTION NO. 5 SERIES OF 2016 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24-6-402(2)(c), C.R.S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice as required by Colorado law. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1 st day of March, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 3/1/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 1, 2016 ITEM/TOPIC: Town Manager's Report PRESENTER(S): Stan Zemler, Town Manager 3/1/2016 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 1, 2016 ITEM/TOPIC: Resolution No. 6, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Creating A Partnership as Part of the PIan4Health Grant and Setting Forth Details in Regard Thereto PRESENTER(S): Mark Hoblitzell, Environmental Sustainability Coordinator and Kris Valdez Planner, Eagle County ACTION REQUESTED OF COUNCIL: The Vail Town Council will be asked to approve, approve with modifications, or deny Resolution No. 6, Series of 2016 to enter into an intergovernmental agreement (IGA) with Eagle County to support efforts associated with the Plan4health grant. BACKGROUND: Presentation on the PIan4Health program by Eagle County and the Healthy Communities Coalition. Discussion of an Intergovernmental Agreement with Eagle County Government as part of the PIan4Health program presented with Resolution No. 6, Series of 2016. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 6, Series of 2016 supporting the IGA and PIan4Health program. ATTACHMENTS: Staff memorandum Resolution No. 6 P1an4Health Program ECO Plan4Health Presentation 3/1/2016 0 rowN of vain Memorandum To: The Vail Town Council From: Community Development Department Date: March 1, 2016 Subject: Resolution No. 6, Series of 2016 establishing an intergovernmental agreement between the Town of Vail and Eagle County creating a partnership as part of the PIan4Health grant BACKGROUND In the summer of 2015, the Healthy Communities Coalition via Eagle County applied for the PIan4Health Grant, a program to encourage healthy communities from a planning perspective. The PIan4Health project was developed by the American Planning Association (APA) in partnership with the American Public Health Association through an award from the Centers of Disease Control and Prevention. These funds have allowed the APA to bring support to local coalitions in efforts to reduce chronic disease in communities across the United States. In the fall of 2015, Eagle County and the Healthy Communities Coalition were selected in round two of grant distributions and is the only group in Colorado to receive funding through this program. In return for assistance with grant programs, the Town of Vail will receive a $5,000 distribution of grant funds and a review of the town's policies in support of healthy eating and active living identifying strengths and opportunities for the Town of Vail. The town may be asked to provide staff time for document searches, stakeholder meetings, and program review. II. EAGLE COUNTY PRESENTATION Eagle County, acting as agent for the Healthy Communities Coalition, comprising local food producers, citizens, government officials and other professionals, will present to the Vail Town Council a brief overview of the Coalition and the PIan4Health project in Eagle County. III. ACTION REQUESTED OF COUNCIL The Vail Town Council will be asked to approve, approve with modifications, or deny Resolution No. 6, Series of 2016 to enter into an intergovernmental agreement (IGA) with Eagle County to support efforts associated with the Plan4health grant. IV. STAFF RECOMMENDATION Staff recommends approval of Resolution No. 6, Series of 2016 supporting the IGA and PIan4Health program. Attachments: 1. Resolution No.6 Series 2016 and IGA 2. Healthy Communities Coalition PIan4Health ppt. 3/1/2016 RESOLUTION NO. 6 Series of 2016 A RESOLUTION APPROVING AN INTERGORVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY CREATING A PARTNERSHIP AS PART OF THE PLAN4HEALTH GRANT AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the American Planning Association ("APA") received an award from the Centers of Disease Control and Prevention as part of the National Dissemination and Implementation program within the Division of Community Health Funding Opportunity Announcement; WHEREAS, these funds have allowed the APA to bring support to local coalitions in efforts to reduce chronic disease in communities across the Unites States through the APA's PIan4Health project; WHEREAS, the Healthy Communities Coalition of Eagle County (the "Healthy Communities Coalition"), in conjunction with the Colorado Public Health Association and the Colorado Chapter of the APA (the "Colorado APA"), applied for funding under the PIan4Health Project; WHEREAS, the PIan4Health project will enable the Healthy Communities Coalition to further its mission to increase opportunities for healthy eating and active living (HEAL) for all in Eagle County by 1) enabling a policy scan of municipal comprehensive plans for components that support or deter HEAL, 2) supporting municipalities to pass resolutions prioritizing HEAL and 3) providing resources to municipalities to support community engagement; WHEREAS, the Town has determined that it is in the best interest of the Town and its inhabitants to contribute to the efforts of Eagle County and the Healthy Communities Coalition (the "Parties") in support of and implementation of the PIan4Health Project; and WHEREAS, the PIan4Health Grant Award allows for payment of an administrative fee to the Town in exchange for the Town's commitment to and participation in the PIan4Health Project; and WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to define the manner in which the Town will participate in the PIan4Health Project. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Resolution No. 6, Series of 2016 Page 1 of 2 1. The Council hereby approves the Intergovernmental Agreement and authorizes the Town Manager to enter into the Intergovernmental Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 2016. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of March, ATTEST: Patty McKenny, Town Clerk Dave Chapin, Mayor, Town of Vail Resolution No. 6, Series of 2016 Page 2 of 2 EXHIBIT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COUNTY OF EAGLE, COLORADO FOR PLAN4HEALTH PROJECT This Intergovernmental Agreement ("Agreement") by and between EAGLE COUNTY, a body politic and corporate of the State of Colorado ("County") and the TOWN OF VAIL, a Colorado municipal corporation ("Town") (collectively the "Parties") is effective this day of MARCH, 2016. WHEREAS §29-20-101 et seq., C.R.S. enables the Parties to enter into Intergovernmental Agreements and authorizes each of the Parties to perform the functions described herein, as provided in §29-20-105 C.R.S.; and WHEREAS, the American Planning Association ("APA"), in partnership with the American Public Health Association received an award from the Centers of Disease Control and Prevention (the "Sponsor") as part of the National Dissemination and Implementation program within the Division of Community Health, Funding Opportunity Announcement #DP14-1418. These funds have allowed the APA to bring support to local coalitions in efforts to reduce chronic disease in communities across the United States through the APA's Plan4Health project (the "Plan4Health Project"); and WHEREAS, the Healthy Communities Coalition of Eagle County (the "Healthy Communities Coalition"), in conjunction with the Colorado Public Health Association and the Colorado Chapter of the APA (the "Colorado APA"), applied for funding under the Plan4Health Project; and, WHEREAS, APA Colorado received an award of grant funds (the "Grant Award") from the APA pursuant to the Plan4Health Project Grant Agreement (the "Grant Agreement"); and, WHEREAS, Eagle County is the subgrantee of such Grant Award and is working collaboratively with the Healthy Communities Coalition to implement the Plan4Health Project in Eagle County; and WHEREAS, the Plan4Health project will enable the Healthy Communities Coalition to further its mission to increase opportunities for healthy eating and active living (HEAL) for all in Eagle County by 1) enabling a policy scan of municipal comprehensive plans for components that support or deter HEAL, 2) supporting municipalities to pass resolutions prioritizing HEAL and 3) providing resources to municipalities to support community engagement; and WHEREAS the Town has determined that it is in the best interest of the Town and its inhabitants to contribute to the efforts of Eagle County and the Health Communities Coalition in support of and implementation of Plan4Health Project; and WHEREAS the Plan4Health Grant Award allows for payment of an administrative fee to the Town in exchange for the Town's commitment to and participation in the Plan4Health Project; and WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to define the manner in which the Town will participate in the Plan4Health Project. NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the parties agree to the following: A. SCOPE OF PROJECT. 1. The County will collaborate with the Town to conduct a policy scan of the Town's comprehensive plan to determine existing policies that support and/or prohibit healthy living in the context of the built environment. The policy scan will be facilitated by a subcontractor engaged with Plan4Health Grant Funds and managed by the County. The County will additionally collaborate with and support the Town in consideration and adoption of a resolution to prioritize goals relating to healthy living. The Town will also be encouraged to consider amendments, modifications and additions to existing local government health related policies to prioritize healthy living goals. 2. The Town agrees to work with County Representatives, as well as subcontractors engaged with Plan4Health Funds and managed by the County, to facilitate the Plan4Health Project. The Town's participation may entail attending occasional meetings, providing access to requested policy documents (e.g. comprehensive plan), and answering questions relating to those documents. Total staff time to be devoted by the Town to the Plan4Health Project is anticipated to be minimal. 3. The Town may participate in additional Project Strategies that may include: working with County and Plan4Health Grant Project subcontractors to develop a framework and system for community engagement, participating in learning opportunities about authentic community engagement, and receiving materials to support municipal community outreach efforts. B. TOWN COMMITMENTS. The Town has determined that it is in the best interest of the Town and its inhabitants to contribute to the efforts of Eagle County and the Healthy Communities Coalition in support of and implementation of Plan4Health Project. The Town is committed to participating in the Scope of Project outlined and to collaborate with and support Eagle County and the Healthy Communities Coalition in implementation of the Plan4Health Project. To the extent applicable, the Town shall be subject to the terms and conditions of the Plan4Health Grant Agreement between the APA and the Colorado APA. C. AUTHORIZED REPRESENTATIVES. The County designates Katie Haas, of the Eagle County Public Health and Environment and Kris Valdez, Eagle County Planner, as its Representatives for the Agreement. The County's Representatives are its liaison officers to the Town for all purposes in carrying out the Agreement. The Town designates Mark Hoblitzell, Environmental Sustainability Coordinator as its Representative for the Agreement. The Town's Representative is its liaison officer to the County for all purposes in carrying out the Agreement. 2 D. FUNDING. In exchange for the Town's commitment to and participation in the Plan4Health Project and the Scope of Project outlined above, the Town will receive funding from the Grant Award in an amount not to exceed $5,000.00 (the "Project Funds"). The Project Funds should be used in support of the Town's participation in this Agreement and the Plan4Health Project. Disbursement of the Project Funds will be made to the Town upon completion of the Project Strategy 1 policy scan, referenced in Section A above. Additional funds from the Grant Award may be disbursed to the Town for additional projects deemed necessary by the Plan4Health Project. In such case, the Town will submit an invoice and supporting documentation to the County identifying the additional tasks or projects performed. Disbursement of additional funds from the Grant Award will be made in accordance with the Plan4Health financial requirements and guidelines. The Town acknowledges that the County is not responsible for any payments which may become due to the Town under the Plan4Health Project or this Agreement. Plan4Health Funding is regulated under Code 45 of the Federal Regulations (CFR) Part 75, Uniform Administrative Requirements, Cost Principles and Audit Requirements for HHS Awards. As specified in this Code, Project Funds may not be used for lobbying purposes. E. PERSONNEL. Every Town officer and employee engaged in performing under this Agreement shall remain an officer or employee of the Town while performing the same. The relationship of the Town to Eagle County under this Agreement is that of independent political bodies. This Agreement does not change the status of any employee, contractor or officer of the Town or County. The Town shall have no authority to bind or commit the County to any agreement or other obligations. F. LIABILITY. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. G. INSURANCE. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. The County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. The Parties further agree, without waiving any governmental immunity protection to which they and their officials and employees are entitled under CRS 24-10-101 et seq., to procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. H. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town or to the County and their respective officials, employees, contractors, or agents, or any other person acting on behalf of the Town or the County, and, in 3 particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. I. TERM. This Agreement will be effective as of the effective date stated above and subject to the provisions set forth herein, shall continue in full force and effect through the 30th day of September 2016. J. TERMINATION. 1. Termination Due to Unavailability of Funding: The Town understands that the availability of Project Funds is contingent on appropriations made by the Sponsor. If at any time the Colorado APA determines that funds are insufficient to sustain existing or anticipated spending levels, the Town understands that the Colorado APA may reduce, suspend or terminate any reimbursement, other payments or allocations of funds provided by the Colorado APA for the P1an4Health Project. 2. Termination by Mutual Consent: This Agreement may be terminated in whole or in part when both Parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of the Project Funds. The parties must agree on the termination conditions, including effective date and the portion of the Agreement to be terminated. 3. Termination for Cause: In the event of a default or violation of the terms of this Agreement by the Town or its failure to use the Project Funds for only the purposes set in this Agreement, the County may take the following action: i. Suspension: After notice to the Town, suspend this Agreement and withhold any further disbursement or prohibit the Town from incurring additional obligations of Project Funds, pending corrective action by the Town. ii. Termination: Terminate this Agreement in whole or in part, at any time before the date of completion, whenever it is determined that the Town has failed to comply with the terms and conditions of this Agreement. The County shall promptly notify the Town in writing of the determination and the reasons for the termination together with the effective date. Disbursements made to the Town or recoveries by the County shall be in accordance with the legal rights and liabilities of the parties. Disbursements and recoveries may include, but are not limited to, payments allowed for costs determined to be not in compliance with the terms of this Agreement. The Town shall return to the County all unencumbered Project Funds. Further, any costs previously paid by the Plan4Health Project which are subsequently determined to be unallowable through audit and close-out procedures may be recovered pursuant to the closeout procedures set forth in the Grant Agreement or as designated by APA Colorado or Sponsor. iii. Recovery of Funds: In the event of default, failure to perform under this Agreement or violation of the terms of this Agreement, the Town understands that APA Colorado or the Sponsor may institute such action as necessary to reduce, withdraw or recover all or part of the Project Funds from the Town. 4 K. FINANCIAL RESPONSIBILITY OF TOWN. The Town assumes sole responsibility for reimbursement to the Colorado APA or the Sponsor of a sum of money equivalent to the amount of any expenditures disallowed should the Sponsor or an authorized agency rule through audit exception or some other appropriate means that expenditures from Grant Funds allocated to the Town for were not made in compliance with the regulations of the granting or funding agency or the provisions of this Agreement. L. NOTICES AND PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, payments sent by mail should be address as follows: Town of Vail Town of Vail Attention: Mark Hoblitzell 75 S. Frontage Road W Vail, CO 81657 Telephone: 970-479-2333 E -Mail: Mhoblitzellgvailgov.com With a copy to: Town of Vail Attention: Town Attorney 75 S. Frontage Road W Vail, CO 81657 Telephone: 970-479-2107 Facsimile: 970-479-2150 Eagle County Eagle County, Colorado Attention: Katie Haas 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8855 E -Mail: Katie.haasga eaglecounty.us Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E -Mail: attykea le�y.us M. MODIFICATION. This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. The Parties agree that any amendments to laws or regulations pursuant to which the Grant Award was made shall result in the correlative modification of this Agreement without the necessity for executing written amendments. Any written amendment shall be prospective in nature. N. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub -consultant or sub -contractor of Town or County. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 5 O. VENUE, JURISDICTION AND APPLICABLE LAW. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF, each party, by signature below of its authorized representative, herby acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. Attest: Attest: Teak Simonton, Clerk to the Board Patty McKenny, Town Clerk A EAGLE COUNTY, by and through its Board of County Commissioners IIn Jeanne McQueeney, Chair TOWN OF VAIL WE Stan Zemler, Town Manager Katie Haas Healthy Communities Coordinator Eagle County Public Health and Environment Kris Valdez Planner Eagle County 3/1/2016 PLAN4Health An American Planning Association Project Grant Amount: 125,000 Grant Term: January - September, 2016 Implementation: Healthy Communities Coalition, Coordinated by Eagle County Government, in partnership with Eagle River Valley municipalities n E -I HEALTHY COMMUNITIES COALITION OF EAGLE COUNTY LIVE PLAIT EAT FEEL H ALT T HERE 3/1/2016 Plan4Health Communities Nationally Red = cohort 1 Blue = cohort 2 X11 Francies Los' An gel r -..,l o n t r 6 a Hol I'll 0 Toronto,11 D etroit Astor 4wChicago -J. i0 V) l� N ork N 1 .1,,4j D ti I' ,-k F I S 0 hiladelphia v. hington C11 as Atlanta all 46 HOUStOn N'llarril:! LrUl, A L'.v"CO BA 1 1, P. 1 A N1 F X I C Z3Ha,;L-ini 3/1/2016 P[an4Hea[th Prima Review comprehensive plans of all Eagle River Valley communities Activities • Support of Towns to adopt resolutions and/or policies that improve healthy living Understand Town's community engagement efforts • Provide tools and resources to support future engagement 3/1/2016 Healthy Living/Built Environment Examples Access to healthy food - e.g. community gardens, local grocers Access to physical activity — e.g. parks, open space, recreation centers, sidewalks Creating a sense of place Access to transportation Connectivity HEAL Cities and Towns Campaign • https://www.voutube.com/watch?v=-DUDt6eNx EUw 3/l/2016 PLAN4Health An American Planning Association Project 40 % At 410 HEALTHY COMMUNITIES COALITION OF EAGLE COUNTY LIVE PLAIT EAT FEEL HEALTHY HERE 3/1/2016 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 1, 2016 ITEM/TOPIC: Restore the Gore; Gore Creek Water Quality Strategic Plan A discussion of high priority actions and budgetary planning associated with the Restore the Gore Strategic Plan. PRESENTER(S): Kristen Bertuglia, Environmental Sustainability Manager ACTION REQUESTED OF COUNCIL: In anticipation of approval of the Restore the Gore Plan staff requests the Vail Town Council identify questions or information needed. Staff will provide any additional information or edits required for adoption of the Plan by Resolution at the March 15, 2016 hearing of the Vail Town Council. BACKGROUND: At the February 2nd session of the Vail Town Council, staff presented the background and causes of decline of Gore Creek, and the overall Plan to address the lack of aquatic life for which Gore Creek is listed on the 303(d) list of impaired waters. At this session the Vail Town Council will take a more detailed look at the high priority action items selected by members of the community, as well as budgetary implications. STAFF RECOMMENDATION: As this is still a working discussion there is no staff recommendation at this time. ATTACHMENTS: Restore the Gore Memo 030116 Attachment A Restore the Gore High Priority Actions 3/1/2016 rowN ofvain Memorandum To: Vail Town Council From: Community Development Department Date: March 1, 2016 Subject: Restore the Gore; Gore Creek Strategic Action Plan to improve water quality in Gore Creek PURPOSE The purpose of this memorandum is to present the final Restore the Gore Strategic Action Plan (the "Plan") as recommended by the Vail Planning and Environmental Commission (PEC). At this session staff will present the high priority action items identified by the PEC's recommended Plan, budgeting, and next steps. In the end the Town Council will be tasked with the adoption of the Plan, implementation policy, and budgeting. II. BACKGROUND At the February 2nd session of the Vail Town Council, staff presented the background and causes of decline of Gore Creek, and the overall Plan to address the lack of aquatic life for which Gore Creek is listed on the 303(d) list of impaired waters. The Restore the Gore; Gore Creek Strategic Plan identifies specific action steps, infrastructure and resources needed to reverse the causes of decline. Causes of Decline The Gore Creek Water Quality Improvement Plan (WQIP) Key Findings suggest that there are three categories of causes for the decline in water quality in Gore Creek. 1) Loss of riparian vegetation and habitat 2) Drainage from impervious surfaces 3) Pollutants from land use activities Strategic Plan Purpose Statement, Goals and Objectives The purpose, goals and objectives adopted in this Gore Creek -specific plan align with the overall Town Council goals of Growing a Balanced Community, and the Environmental Sustainability Strategic Plan adopted Goal #3, of improving ecosystem health. Goals 1. Restore the aquatic insect population to exceed the minimum standard set by CDPHE according to the MMI score within the allotted 10 -year time frame. 2. Ensure Gore Creek water chemistry meets or exceeds regulatory standards 3. Ensure sediment loads meet or exceed regulatory standards Objectives 1. Improve riparian buffer and stream habitat 2. Reduce impacts of impervious cover 3. Reduce pollutants associated with land use activities 3/1/2016 Strategies/Strategic Areas 1. Education and Outreach 2. Best Management Practices 3. Rules and Regulations 4. Data Collection and Research 5. Site Specific Projects Strategic Actions Over 200 strategic actions have been identified within the Plan, downloadable here: http://www.vaiIgov.com/pro'ects/restore-the-qore. III. HIGH PRIORITY PLAN ACTIONS The Restore the Gore Plan was developed with the input of the Gore Creek Advisory Committee, partner organizations and the Planning and Environmental Commission. Through this process a series of high priority action items (Attachment A) were identified to guide the sequencing of activities going forward. Each item was selected based on their high level of relative effectiveness and feasibility as defined by the following. Table 1 As noted in Attachment A, each action item falls into one of the five identified strategic areas (Regulations, BMPs, Education, Data Collection, or Site Specific Projects) and accomplishes the ultimate goal of either disrupting a pollutant on it's pathway to Gore Creek, or preventing said pollutant in the first place. Each high priority action corresponds with an action within the body of the Plan recommended by the Lotic Hydrological team and the Community members who provided input, and are noted as such. High priority action items will be amended address or reaffirmed annually as part of the budgetary process. Success will be evaluated based on stream and runoff sampling results, as well as additional volume of treatment. IV. BUDGETING FOR IMPLEMENTATION In summary, the costs of implementation over the life of the 5 -year Plan for each of the strategic area categories are allocated as shown by the estimates in Table 2. Annual maintenance costs associated with site specific projects and BMPs, upkeep of riparian restoration projects are not fully determined at this time and will be evaluated annually for budget requirements and tradeoffs with overall town budgetary priorities. Maintenance of additional riparian corridor would fall under the RETT operating budget for annual parks maintenance. After vegetation is established however, substantial maintenance costs are not anticipated. Note that a number of high priority actions include a new or amended regulation, which may require additional dollars or reallocated staff time toward compliance efforts and or enforcement. A detailed budget estimate may be found in the Chapter 5 Tables of the Plan. Town of Vail Page 2 3/1/2016 Ability to reduce pollutant loading Cost Ability to disrupt pathways of pollutants Political Challenge Scale/Scope Property Rights How broad/narrow the reach Resources (staff, funding, etc.) Location Community Expectations Leverage Table 1 As noted in Attachment A, each action item falls into one of the five identified strategic areas (Regulations, BMPs, Education, Data Collection, or Site Specific Projects) and accomplishes the ultimate goal of either disrupting a pollutant on it's pathway to Gore Creek, or preventing said pollutant in the first place. Each high priority action corresponds with an action within the body of the Plan recommended by the Lotic Hydrological team and the Community members who provided input, and are noted as such. High priority action items will be amended address or reaffirmed annually as part of the budgetary process. Success will be evaluated based on stream and runoff sampling results, as well as additional volume of treatment. IV. BUDGETING FOR IMPLEMENTATION In summary, the costs of implementation over the life of the 5 -year Plan for each of the strategic area categories are allocated as shown by the estimates in Table 2. Annual maintenance costs associated with site specific projects and BMPs, upkeep of riparian restoration projects are not fully determined at this time and will be evaluated annually for budget requirements and tradeoffs with overall town budgetary priorities. Maintenance of additional riparian corridor would fall under the RETT operating budget for annual parks maintenance. After vegetation is established however, substantial maintenance costs are not anticipated. Note that a number of high priority actions include a new or amended regulation, which may require additional dollars or reallocated staff time toward compliance efforts and or enforcement. A detailed budget estimate may be found in the Chapter 5 Tables of the Plan. Town of Vail Page 2 3/1/2016 Strategic Category Total Estimated Total Estimated Annual Total by Capital Costs Maintenance Costs Category Data Collection and Monitoring $154,000 26500*"* $154,000 Rules and Regulations" $101,000 $90,000 $191,000 Education and Outreach $251,000 $258,950 $509,950 (includes Vermilion Campaign + pedestrian image 2 yr. FTE - 100,008 100,000 - - Trac �errrencanranm Best Management Practices— $155,000 TBD ( included within or $155,000 - Reconstruction of trail near the Glen Lyon offtte building - added to the annual parks - - aecpndr.Moa of qre reer.a to Lp heaC mcludw,9 12 R. wide - - - maintenance) Vegetated Buffer Restoration— $1,889,358 TBD ( included within or $1,889,358 4100,000 urarn ware( to bank) and npanan repairs tf(om hank to land area and (evegelalion 3: Project wit added to the annual park 1,000.090 500,000 1,000,090 1,000.1100 1,000,000 2015 ms pauy repass made M4 dream pankJtratt mglgakan fw strum water and cut—ts; and landscape 60 wo 1,180.f10U Earl Val Water Quality Improvements; COOT TAP grant Nnding of $770 59409 - 1,p39.75A. _ maintenance Stormwater Controls $5,152,000 TBD ( included within or $5,152,000 Acces5anpruvernents to mcludaextended Wdewalk, new stats and War site mprovements: added to the annual park - - - 210,000 - 11,12cament 14 -yr old "catalog" playground equipment vier custom bold M 2019:$60K to add and landscape - 150,000 - Replacement 13-yrald "calatog° playground eclulpment with custom bold In 2018 maintenance) • Vavey Founda fa n; Puhlle rosaooms (5511 K), playground safety hip—nnenh (5449-W), and $.3BOK for lower _ - * Cost estimate for completing complete set of recommended regulatory amendments was provided by a regional compliance specialist. Further scoping is necessary to determine the cost of implementing individual recommendations. **As changes are made to operations this budget estimate will be improved (e.g. using suspected tarps of vacuum trucks to reduce pollutant drift off bridges, etc.) *** Calculated using $3.14/sq. ft. from WQIP and staff input ****Already allocated within ERWSD annual contribution Table 2 As the Plan's capital cost estimate is over $7,700,000 the Town Council has been presented a budget forecast to that effect during the 2016 budget planning process reflected under the Real Estate Transfer Tax (RETT) fund over the next five years totaling 1.6 million in streambank Noll( R—Hint Pella- Sna Vag le P.Msldan Brldda Gold Peak Pickle Hall Soft Surface Trals Timber Rldoe•BLtfehr Creek Rd separation Ford Parr Landse-Ve Enhancement Glen Lyon Ree Path Bridge Donovan Park trrvprovamarts St—mbankli—t M bUation Maier Quality 1810— water xer OVBIity TAPS East wall NlBrC , privanieYl� Permanenl Skate Park Stephens Park Safely hnprovemelts Bu8'shr Creak Park Safety Improvemems Ellefwn Park Safety Improvements Ford Park Poaal lmpro ar-1s Ford Park PlalgroundiLowgr Bench Improvements Vail Trac pad Park Parking Lot SlWe Revegstation Booth -r-i, Park Siger Plexal FountaeMStona Sewer Table 3 Amended 2015 150.000 $64,000 1,161,560 1.000.000 122.219 250.000 1,341,122 100,000 SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Increased cost from prior 5, -year plan Reftione I nasVly added project • Phicaholder lama 2015 2017 Zola 2019 2020 - - 125A00 - - North Recreation See Path reemesuuelian onhorth Frontage road b0smov Sun Val and the pedestrian image Construction of Foods Ball courts of Goad Peak - 100,008 100,000 - - Trac �errrencanranm To finish path from TlmbeiRidde In Roost: dffiel by Federal Grant o1 ariDmx 51501E 200,000 - _ - Ford Park lardsoopng.+mprovemants(in murontarew_nonollrrmeaaetoamor) - - - Reconstruction of trail near the Glen Lyon offtte building - - 2015 safely muprovemenis to playgnwnd I pads (10-11 years old); intrudes new plow 0a11ar - - aecpndr.Moa of qre reer.a to Lp heaC mcludw,9 12 R. wide - - - - concrete bad, repairs to eroded diverts ad Middle Creak in repair (50 ft. seclpnl: Basad an Eagle River Water Dntaol study results; Inckrd. estimates for stream bask repairs - 400.000 400.000 400.004 4100,000 urarn ware( to bank) and npanan repairs tf(om hank to land area and (evegelalion 3: Project wit span several years 1,000.090 500,000 1,000,090 1,000.1100 1,000,000 2015 ms pauy repass made M4 dream pankJtratt mglgakan fw strum water and cut—ts; previously 2015 - 2920 was 5409K each year 60 wo 1,180.f10U Earl Val Water Quality Improvements; COOT TAP grant Nnding of $770 59409 - 1,p39.75A. _ _ Landscaping design and consl-thdn 01 the InteNh . Ppled for grant LH Park" SWdure-Almnh- site. This includes �$100K for i tegrated arl and $609 far o mrn.lt 225 099 Acces5anpruvernents to mcludaextended Wdewalk, new stats and War site mprovements: Cb)'p"•+=^? v -as lA; 1444'• - - - 210,000 - 11,12cament 14 -yr old "catalog" playground equipment vier custom bold M 2019:$60K to add a picntahettsr, previously budgeted In 2017 - 150,000 - Replacement 13-yrald "calatog° playground eclulpment with custom bold In 2018 TOV portion of improvements in six portals into Ford Park; Maldldng contribution from Vail • Vavey Founda fa n; Puhlle rosaooms (5511 K), playground safety hip—nnenh (5449-W), and $.3BOK for lower _ - bench mprovaments such as the waladlne relocation• new pavers and ADA parking - - - Rs- egetate the skw down toward the river if the rand Park parking lot Rod .vebprn.nt or emir. park Including Innis coons, uray.rod are aie.aea an r„ ein �2014 will -ou, .hen overall park is w.Sln died- 150,OI10 1,350,000 - - RePY1'.90p,5arPl,f4lattebl BiM.6Mlr11 Rea'eCe, 3/1/2016 mitigation, 4.5 million in stormwater quality, and 2,299,764 for East Vail interchange and Frontage Rd. stormwater quality improvements partially supported by the Transportation Alternatives Program (TAP) grant funds, totaling 8.39 million (Table 3). V. ACTION REQUESTED In anticipation of approval of the Restore the Gore Plan staff requests the Vail Town Council identify questions or information needed. Staff will provide any additional information or edits required for adoption of the Plan by Resolution at the March 15, 2016 hearing of the Vail Town Council. VI. ATTACHMENTS A. High Priority Action Items Town of Vail Page 4 3/1/2016 High -Priority Plan Actions # Description Strategy Area Strategic Theme Recommendation(s) Implement pre -development planning and review processes that specifically considers the need for stormwater and/or erosion 1 Rules and Regulations Transport Disruption 3.A.2, 4; 3.C.2 controls based on the unique vegetative and topographic conditions present on a site . Update stream setback, riparian zone, vegetative buffer zone and other water quality objective definitions and maps (Title 12 Review 2 Rules and Regulations Transport Disruption 3.6.2-3 and Amendments). Develop a Finding of No Significant Impact (FONSI) process for development on all properties located within delineated zones of water 3 Rules and Regulations Transport Disruption 3.6.7 quality influence. Require that encroachments on Town of Vail property resulting in degradation of the water quality be remediated to pre -development 4 Rules and Regulations Transport Disruption 3.D.2 conditions. 5 Adopt a comprehensive Illicit Discharge Detection and Elimination (IDDE) Program. Rules and Regulations Pollution Reduction 3.C.9 6 Consider the legal ramifications of partially or fully restricting commercial application of pesticides near streams and rivers. Rules and Regulations Pollution Reduction 3.C.7 7 Consider the legal ramifications of instituting "no -mow" zones on private property. Rules and Regulations Pollution Reduction 3.13.3; 3.13.8 Register snow plowing, landscaping and spraying contractors in order to maintain a database of contacts for the purposes of education 3.C.5; 1.C.1; 1.D.1, 8 Rules and Regulations Pollution Reduction and outreach, training opportunities for proper BMPs. 2.C.1 Delineate Stream Protection Overlay/Hazard Zones adjacent to waterbodies. Restrict land uses in near -stream zones to maintain 9 and/or restore water quality buffer characteristics. Rules and Regulations Transport Disruption 3.D.1 Adopt Stormwater Management Plan (SWMP) requirements that respond to local geography and patterns of build -out. Reduce the 10 Rules and Regulations Transport Disruption 3.A.3; 3.E.2 development size threshold for triggering SWMPs during planning review process. 11 Develop and implement a comprehensive riparian zone management program for Town of Vail stream tract. BMPs Transport Disruption 2.F.2 12 Emphasize water quality BMPs in all utility work that occurs within Town of Vail boundaries. BMPs Transport Disruption 2.A.1, 2.A.7 Ensure stormwater infrastructure owned by the Town is properly maintained. Track all maintenance activities Track all maintenance 13 activities and ensure maintenance on private developments through code amendments. BMPs Transport Disruption 2.8.16; 2.E.2,3,9,13 *Assess structural/functional condition and maintain a spatial database of Town of Vail stormwater infrastructure (e.g. all inlets and Data Collection and 14 outfalls, stormwater quality vaults. Monitoring Transport Disruption 4.C.2 Develop and implement a public-private cost -share program to facilitate restoration of important vegetated buffers on private 15 Education and Outreach Transport Disruption 1.C.3 property. *Develop a comprehensive marketing campaign to inform residents, businesses, visitors, and Town staff about water quality issues on 1.A.1-3; 1.6.3,4,7,8,9; 16 Education and Outreach Pollution Reduction 1.C.4; 1.D.1-2; 1.E.1a Gore Creek and the need for actions to address those issues. h Develop curriculum for landscape contractors/spraying companies that allow for a "gold star" certification or similar program to 1.A.3; 1.C.1; 1.C.2; 17 Education and Outreach Pollution Reduction acknowledge proper BMPs. Implement through additional FTE 1.D.1 Partner with local non -profits and conduct focused outreach to pesticide applicators, landscapers, homeowners, businesses and 18 property managers regarding water quality issues on Gore Creek and the types of individual action that can reduce or exacerbate Education and Outreach Pollution Reduction 1.A.2-3; 1.C.1; 1.D.1- 2; 1.E.1b,d,f,g,h, 2.C.1 those issues. Develop a criteria manual for "creek friendly" landscaping practices. Distribute the manual to homeowners, property managers, and 19 Education and Outreach Transport Disruption 1.C.2, 2.C.1 landscapers. 20 *Install structural stormwater controls to capture and treat highway runoff from the East Vail/1-70 interchange. Site Specific Projects Transport Disruption 5.13.7 21 Install structural stormwater controls to capture and treat highway runoff below the 1-70 bridge span over Gore Creek. Site Specific Projects Transport Disruption 5.13.1.A; 5.13.1.13 22 Install structural stormwater controls to capture and treat highway runoff from the West Vail/1-70 interchange. Site Specific Projects Transport Disruption 5.B.36.A; 5.B.37.A 5.A.8.1; 5.A.8.2; 23 Restore vegetated buffers along Gore Creek through Vail Recreation District property. Site Specific Projects Transport Disruption 5.A.8.3; 5.A.8.5; 5.A.8.6; 5.A.8.8 3/11/2016 24 Restore vegetated buffers along Gore Creek in the vicinity of Lionshead. Site Specific Projects Transport Disruption 5.A.11.3; 5.A.11.4; 5.A.11.5; 5.A.12.1 25 Restore vegetated buffers along Gore Creek in the vicinity of Covered Bridge. Site Specific Projects Transport Disruption 5.A.10.1; 5.A.10.2 26 Restore vegetated buffers along Gore Creek in the vicinity of Vail Valley Blvd. Bridge. Site Specific Projects Transport Disruption 5.A.9.3; 5.A.9.4 27 1 *Restore vegetated buffers along Gore Creek in the vicinity of Booth Creek Drive. Site Specific Projects Transport Disruption 5.A.7.1; 5.A.7.2 *Project underway at time of adoption 3/1/2016 Tammy Nagel From: Kristen Bertuglia Sent: Tuesday, March 1, 2016 6:06 PM To: Council Dist List; Stan Zemler Subject: Fwd: Please include in tonight's comments Good evening Council members, please see attached note from Blondie and Tom Vucich regarding the Gore Creek Plan. Sent from my iPhone Begin forwarded message: From: Blondie Vucich <runblondie49kcomcast.net> Date: March 1, 2016 at 5:57:29 PM MST To: Kristen Bertuglia <KBertuglia(c�r�,vailgov.com> Subject: Please include in tonight's comments We respectfully request the Town Council to consider item #15 as a high priority on the Gore Creek Restoration list. We count ourselves amongst a group of citizens facing significant loss of property that is contributing to the degradation of Gore Creek. This group shares the town's concerns and are looking for leadership, expertise and collaboration in order to address this significant problem. #15 "Develop and implement a public-private cost -share program to facilitate restoration of important vegetated buffers on private property." Thank you for your consideration. Tom and Blondie Vucich Sent from my iPad On Mar 1, 2016, at 10:40 AM, Kristen Bertuglia <KBertugliagvailgov.com> wrote: TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 1, 2016 ITEM/TOPIC: Vail Golf and Nordic Clubhouse Remodel Project Construction Update PRESENTER(S): Stan Zemler, Town Manager ACTION REQUESTED OF COUNCIL: Direct staff to prepare for the first supplemental budget of 2016 from therecommended funding sources for maximum of up to $651,241 for the Vail Golf and Nordic Clubhouse project. BACKGROUND: The Golf Course and Nordic Center Clubhouse remodel project is a partnership between the Town of Vail (TOV) and the Vail Recreation District (VRD). The Town has hired NV5 to provide owner's representation services for the Golf and Nordic Clubhouse Project, Zehren and Associates to provide owner's representation to provide the architectural design and Evans Chaffee Construction Group to provide Construction Manager/General Contracting Services. Construction began on September 8, 2015; clubhouse completion is estimated to be August 2016. The purpose of this item is to: Provide Town Council with a construction budget update Provide project schedule update Provide Town Council direction regarding supplementing the Vail Golf and Nordic Clubhouse project budget STAFF RECOMMENDATION: Staff recommends supplementing the remaining budget from the RETT fund balance. This provides up to $175,000 in additional project contingency to complete the project. Any savings at the end of the project would be returned to the RETT Fund. ATTACHMENTS: Staff Memo NV5 letter 3/1/2016 rowN ofvain Memorandum TO: Vail Town Council FROM: Stan Zemler, Town Manager; Greg Hall, Director of Public Works and Transportation; Jessica Killian, NV5; Chris Evans, Evans Chaffee Construction Group; Tim Losa, Zehren and Associates DATE: March 1, 2016 SUBJECT: Vail Golf and Nordic Clubhouse Remodel Project Construction Update I. PURPOSE The purpose of this item is to: • Provide Town Council with a construction budget update • Provide project schedule update • Provide Town Council direction regarding supplementing the Vail Golf and Nordic Clubhouse project budget II. BACKGROUND The Golf Course and Nordic Center Clubhouse remodel project is a partnership between the Town of Vail (TOV) and the Vail Recreation District (VRD). The project envisions a significant reconstruction and renovation of the existing clubhouse. The project is being funded with a portion of the conference center fund ballot initiative which was approved by voters in the fall of 2011. The Town has hired NV5 to provide owner's representation services for the Golf and Nordic Clubhouse Project, Zehren and Associates to provide the architectural design and Evans Chaffee Construction Group to provide Construction Manager/General Contracting Services. III. CURRENT PROJECT ACTIVITIES The following is an updated summary of the progress on the remodel project and status since the September 1, 2015 Vail Town Council construction award. Design 1. Zehren and design team completed: • 100% Construction Drawings and • Have issued 3 revisions to the drawings set for all disciplines due to the following: a. Unforeseen conditions b. Further design coordination between disciplines c. Final design based on groundwater geotechnical recommendations for the site d. Interior finishes details e. Continued value engineering f. Owner requested changes 3/1/2016 Construction Management/General Contractor (CMGC) Selection and Preconstruction Services 1. Evans Chaffee Construction Group (ECCG) has been diligent in working toward critical milestones, even though there have been significant changes as to how the project was to be constructed. One major obstacle to the schedule has been the default of the original steel supplier; this has further complicated the schedule. 2. ECGC continues final buyout of all subs. 3. ECGC continues to provide the team assistance on value engineering alternative proposals during the course of construction with input from all team members. 4. Construction began on September 8, 2015; clubhouse completion is estimated to be August 2016 with additional restoration being completed in the fall of 2016. 5. The contractor is contractually obligated to deliver the cart barn on June 1, 2016. Temporary Structure 1. The temporary structure was installed and has been utilized for the temporary Nordic Center and Clubhouse. 2. The temporary structure will be removed in the fall, once occupation of the clubhouse is obtained. Site Utility Work 1. The majority of the site utility work has been completed, there will be additional work required for completion the work in the short period between end of Nordic and beginning of golf. Public Outreach 1. As the Nordic season begins to wind down and as the snow melts we have been working with the contractor and VRD on the tactics and critical areas for golf course restoration. Once this is further defined and as we are closer to the end of April, we will be able to distribute public information on the work sequence. IV. PROJECT BUDGET In September, the overall project budget was established with a 9% owner's construction contingency. In order to get to this point, the project team developed a list of project alternatives with specific deadlines as to when they would need to be executed. This list addresses mostly interior finishes and fixed finishes and equipment (FIFE) items. As the project progressed, project owner risks were exposed, such as poor soils, ground water, unexpected conditions during demolition, and weather related expenses. The project team was hopeful to be able to order the alternates back into the project. This is no longer feasible and now comes with budget shortfalls. The attached memo from the Town's owner's representative NV5, provides additional detail as to where the costs have occurred. At this time the project team has identified $315,000 worth of overages which will need to be supplemented to complete the project. The project team is also recommending that an additional $335,000 be spent to reinstate the interior, operational enhancements and amenity alternates which would complete the project to the level of quality and finish of other Town of Vail projects. Funding The staff recommends the following sources to be used to fund the approximate $650,000 shortfall. i► 3/1/2016 VA VI The project has used the recreational amenity fund, (accumulated annual VRD golf rental payments set aside specifically for golf course and clubhouse improvements) to pay for a portion of the project. The years up to 2014 have been allocated to the project. The staff would allocate the 2015 and 2016 funds. There are savings in the RETT line item account "Golf Course Other Improvements" from 2015 which the staff would recommend to fund the extensive repair to the golf course. The photovoltaic system for the clubhouse would be recommended to be paid from savings in the energy enhancements capital project fund. Staff recommends supplementing the remaining budget from the RETT fund balance. This provides up to $175,000 in additional project contingency to complete the project. Any savings at the end of the project would be returned to the RETT Fund. 2015 and 2016 Recreation amenity Funds $272,001 Savings from 2105 Golf Course Other Improvements Account $100,783 Energy Enhancement Capital Funds $ 50,000 RETT Fund Balance $228,457 Total Supplemental $651,241 ACTION REQUESTED Direct staff to prepare for the first supplemental budget of 2016 from the recommended funding sources for maximum of up to $651,241 for the Vail Golf and Nordic Clubhouse project. ATTACHMENTS NV5 Letter 3 3/1/2016 N V 5 To: TOV — Stan Zemler & Greg Hall From: Chris Penney & Jessica Killian Subject: ToV Clubhouse Budget Expenditures MEMORANDUM Date: February 24, 2016 Project: ToV Golf Clubhouse Remodel The Town of Vail (ToV) has asked NV5 to provide an analysis of the Golf Clubhouse budget and expenditures to date in an effort to document the need for a budget adjustment by increasing the allocated funds. Due to significant unforeseen conditions, revisions to the original drawings, and identified owner upgrades, the original project budget will be exceeded. The original project contingency was approximately $770,000. However, in order to complete the project based on current needs without adding value options, an additional $315,000 is required. This addresses $140,000 of current budget shortfall as a result of the noted project issues, and also allows for $175,000 of additional project contingency to cover future unforeseen issues. In addition, $336,000 of value added scope is being recommended. The total recommended addition to the budget is $651,241, which is broken down as follows. I. Alternates As the Town Council is aware, certain value engineering savings was identified prior to establishment of the GMP (Guaranteed Maximum Price) in order to align the project budget with original expectations. The intent of targeting these alternates was to allow the project scope to include these items at a later date without impacting the ability of the project to be completed, if funds were not available. The project team has reviewed the previously identified alternates and agreed that, in order to maintain the quality expected by residents of and visitors to the Town of Vail, the previously removed items should be included in the project. These include wood tongue -and -groove ceilings, tile wainscot in the restrooms, and a paver finish at the Grille patio. Additional items viewed as essential to the functionality of the building include electric hand dryers in the restrooms, exterior hydronic snowmelt at certain stairs and landings, and inclusion of all design kitchen equipment for the catering kitchen. These alternates total a requested $226,000 increase to the approved budget. Additionally, the Town would like to include a photovoltaic system in the project which costs approximately $50,000, after receiving rebates. However, like the building alternates, inclusion of this system can only be a benefit to the project's occupants and owner. Other added value costs include public art and replacement of the electric snowmelt system at the mechanical well with a hydronic system. Previous owner additions to the project have already been incorporated, which has reduced the available contingency by approximately $55,000, with an additional projected $120,000 which will be necessary to complete the project. II. Unforeseen Conditions The project budget approved by Town Council in September 2016 included 9% of construction contingency to complete the project (approximately $770,000). This contingency was targeted to be used for unforeseen conditions and owner changes. However, within the first two weeks of demolition and construction, it was realized by the general contractor and design team that the existing building identified to remain was not structurally sufficient per current codes. Therefore, 3/1/2016 approximately $90,000 was needed to rebuild the remaining walls. Dewatering costs have also exceeded the original expectations due to extended dewatering at the new lift station, resulting in approximately $20,000 of unforeseen costs. Winter conditions costs are projected to be upwards of $150,000, which is above our budget. Finally, our original budget for costs to restore the golf course and repair irrigation did not adequately address the magnitude of these repairs, which may exceed $125,000. These costs are critical to restoring the Vail Golf Club course to a top level course in the valley. This budget bust could have been covered with available contingency; however, those funds have already been allocated to other project issues. The project to date has experienced unexpected plan changes after the contractor's GMP was established. While the project team has worked diligently to keep up with these updates before they become a problem in the field, coordination of the information has resulted in additional change orders. The magnitude of these issues were not foreseen in producing the budget and has impacted the funds available for completion of the project. NV5 and the Town have identified potentially $200,000 in change orders from plan changes which have reduced the remaining project budget. Additional fees since the approved budget in September 2015 have been requested by the design team which have also increased the anticipated consultant budgets. The Town and NV5 are still negotiating some of these requested additional services requests. III. NV5 Analysis Since the project's start in 2012, Town Council has been presented with multiple iterations of the budget as the Owner has attempted to maintain a viable cost estimate throughout legal challenges, cost escalation (estimated at 12%+ per year), and design iterations. With construction proceeding and the end in sight, it is important that the project be finished in a way that will allow for a meaningful impact to the Town for years to come. Multiple challenges have been faced since Council was last asked to approve the project budget in September 2014. In order to compensate for the significant impacts noted previously, the Owner requests Town Council approve an additional $651,241 to complete the project. This 6% increase in the total project budget will allow for all forecasted items to be included in the project, as well as account for additional unforeseen conditions which may become apparent in the spring, once the snow has cleared and final sitework occurs. The Council should be aware that any money that is not spent from this increase will come back to the Town. We appreciate your consideration and look forward to a fantastic grand opening, estimated in September 2016. Sincerely, Chris Penney Jessica Killian NV5 NV5 Provided By: NV5 3/1/2016 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 1, 2016 ITEM/TOPIC: First reading of Ordinance No. 4, Series of 2016, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are now nonconforming due to lot size requirements, and setting forth details in regard thereto. PRESENTER(S): Jonathan Spence, Planner ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No.4, Series of 2016, upon first reading. BACKGROUND: As a result of annexation into the Town of Vail, 35± duplex properties (2 dwelling units on a single development site) have been deemed Legal Nonconforming by the Vail Town Code due to not meeting the minimum lot size for 2 dwelling units. As Legal Nonconforming properties, homeowners are unable to utilize any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) unit or duplex property. The Prescribed Regulation Amendment is proposed to amend the density control section of the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts by providing an exception to the required minimum lot size for those subject properties. The effect of this language will be to remove the nonconforming designation from the properties, allowing utilization of available GRFA or potential property redevelopment. STAFF RECOMMENDATION: On February 8, 2016, the Planning and Environmental Commission recommended the Vail Town Council approve Ordinance No. 4, Series of 2016, upon first reading, with a vote of 5-0-0. ATTACHMENTS: Staff Memorandum Draft Ordinance No. 4, Series of 2016 PEC Memorandum w/ att. February 8, 2016 PEC meeting results, February 8, 2016 3/1/2016 0) rowN of vain Memorandum TO: Vail Town Council FROM: Community Development Department DATE: February 16, 2016 SUBJECT: First reading of Ordinance No. 4, Series of 2016, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are now nonconforming due to lot size requirements, and setting forth details in regard thereto. (PEC160003) Applicant: Town of Vail Planner: Jonathan Spence SUMMARY As a result of annexation into the Town of Vail, 35± duplex properties (2 dwelling units on a single development site) have been deemed Legal Nonconforming by the Vail Town Code due to not meeting the minimum lot size for 2 dwelling units. As Legal Nonconforming properties, homeowners are unable to utilize any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) unit or duplex property. This situation gives rise to questions of fairness and equity between homeowners in the Town of Vail. In addition to these properties being unable to utilize GRFA or redevelop, the unintended consequences of the existing policy include property deterioration aesthetically, environmentally and safety -wise (building codes) from lack of investment and a perceived lack of equity, fairness and consistency between property owners. The Prescribed Regulation Amendment is proposed to amend the density control section of the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts by providing an exception to the required minimum lot size for those subject properties. The effect of this language will be to remove the nonconforming designation from the properties, allowing utilization of available GRFA or potential property redevelopment. 3/1/2016 II. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On February 8, 2016, the Planning and Environmental Commission recommended the Vail Town Council approve, Ordinance No. 4, Series of 2016, upon first reading, with a vote of 5-0-0. This recommendation was based upon the review of the criteria outlined in Section VII of the February 8, 2016 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. Please see the PEC Meeting Results included as Attachment C for additional detail on the PEC discussion. III. BACKGROUND Many existing homes within the Town of Vail were constructed legally in Eagle County before being annexed and subsequently zoned by the Town of Vail. This application of zoning has resulted in many properties being deemed Legal Nonconforming due to discrepancies between the constructed properties and the dimensional and development standards of the Town Code. Many of these nonconformities are minor, including building setbacks, which do not pose significant barriers to homeowners wishing to expand or redevelop their properties. Other nonconformities including use or density (dwelling units per acre/site) create a different scenario. Properties that were developed in unincorporated Eagle County with two (2) units (duplex) on lots whose sizes do not conform to the current minimum lot size of 14,000 square feet, required for two (2) units are unable to make additions or redevelop their properties, regardless of available GRFA on the site. Prior to the rewriting of the calculation and allotment of GRFA in 2005-2006, properties nonconforming due to density controls were eligible for additional GRFA pursuant to Section 12-15-5 Additional Gross Floor Area (250 Ordinance). Since the adoption of the changes to GRFA, the only alterations that have been permitted are those that result in no net increase in GRFA, including interior remodels and exterior alterations. The Town has consistently allowed Duplex Subdivisions to separate ownership, regardless of conforming or nonconforming status. Currently, the only conforming way to have more than one dwelling unit on a P/S or R District zoned property under 14,000 square feet in lot size is to restrict one unit as a Type I Employee Housing Unit (EHU). This designation also comes with incentives related to GRFA (+550 sq. ft.), site coverage (+5%), and landscaping (-5%). None of the subject properties have taken this approach. Proaerty Characteristics The subject properties fall into two zoning districts; the Two -Family Residential (R) District and the Two -Family Primary/Secondary Residential (PS) District. There are 9 properties located within the Two -Family Residential (R) District and 24 properties within the Two -Family Primary/Secondary Residential (PS) District that do not meet the minimum lot size (14,000 square feet) that were annexed into the Town of Vail with, and currently have, two units. The subject properties must meet all of the following requirements to be included in this discussion: Town of Vail Page 2 3/1/2016 • Properties must have been annexed into the Town. • Properties must have had two units on the property at time of annexation. • Properties must still have two units on the property. • Properties must have less than 14,000 square feet of lot area. The charts below illustrate the existing size of the subject lots: 14000 12000 -� 10000 8000 m N 6000 r ° 4000 2000 U 14000 12000 10000 r 8000 m N 6000 r 0 �O O 1C 2000 E Lot sizes of R District Lots less than 14,000 square feet with 2 Units Invidual Properties (9) Figure 1, 02/09/2016 Lot sizes of PIS District Properties less than 14,000 square feet with with 2 units Individual Properties (24) Town of Vail I Figure 2, 02/09/2016 1 Page 3 3/1/2016 All of the P/S District lots were annexed into the Town of Vail in 1986 or 1987 while the R Zoned lots were annexed in 1969 and 1974. All of the properties are designated on the Vail Land Use Map as Low Density Residential with the exception of four properties which are designated as Medium Density Residential. One of these properties is located on Garmisch Drive while the other three are located on West Gore Creek Drive. IV. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendment is proposed to amend the density control section of the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts. The effect of this language will be to remove the nonconforming designation from the subject properties, allowing utilization of available GRFA or potential property redevelopment. The proposed language is as follows with new language in bold - 12 -6C-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. 1. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14,000) square feet. a. The property was annexed into the Town of Vail with two (2) existing dwelling units on a lot less than fourteen thousand (14,000) square feet. b. The property as of April 1, 2016 contained two (2) dwelling units on a lot less than fourteen thousand (14,000) square feet. c. At no time between the property's annexation and April 1, 2016 did the property contain less than two (2) dwelling units. 2. Discontinuance of Exception: If at any time any property as described above develops or redevelops with only one (1) dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. 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. Town of Vail Page 4 3/1/2016 3. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14,000) square feet. d. The property was annexed into the Town of Vail with two (2) existing dwelling units on a lot less than fourteen thousand (14,000) square feet. e. The property as of April 1, 2016 contained two (2) dwelling units on a lot less than fourteen thousand (14,000) square feet. f. At no time between the property's annexation and April 1, 2016 did the property contain less than two (2) dwelling units. 4. Discontinuance of Exception: If at any time any property as described above develops or redevelops with only one (1) dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. V. ACTION REQUESTED OF THE TOWN COUNCIL Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2016, upon first reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 4 Series of 2016, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are nonconforming due to lot size requirements, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2016 on first reading, the Planning and Environmental Commission 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 February 8, 2016 and the evidence and testimony presented and the evidence and testimony presented, the Vail Town Council finds: Town of Vail 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 Page 5 3/1/2016 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " VI. ATTACHMENTS A. Ordinance No. 4, Series of 2016 B. PEC Memorandum, dated February 8, 2016, with attachments C. February 8, 2016, PEC meeting results Town of Vail Page 6 3/1/2016 ORDINANCE NO. 4 Series of 2016 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTIONS 12- 6C-8 AND 12-6D-8, TO PROVIDE AN EXCEPTION TO THE MINIMUM LOT SIZE FOR PROPERTIES IN THE TWO-FAMILY RESIDENTIAL (R) AND THE TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICTS, AND SETTING FORTH DETAILS IN REGARD THERETO.. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a public hearing on the proposed amendment on February 8, 2016 in accordance with the provisions of the Vail Town Code; WHEREAS, the Planning and Environmental Commission recommended approval of these amendments at its February 8, 2016 meeting, and has submitted its recommendation to the Council; WHEREAS, the Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose The purpose of this ordinance is amend Title 12, Sections 12-6C-8 and 12-6D-8, to Ordinance No. 4, Series 2016 -1- 3/1/2016 provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are now nonconforming due to lot size requirements. Language added is shown in bold. Section 2. Section 12-6C-8: DENSITY CONTROL, Vail Town Code, is hereby amended as follows: 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. 1. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14,000) square feet. a. The property was annexed into the Town of Vail with two (2) existing dwelling units on a lot less than fourteen thousand (14,000) square feet. b. The property as of April 1, 2016 contained two (2) dwelling units on a lot less than fourteen thousand (14,000) square feet. c. At no time between the property's annexation and April 1, 2016 did the property contain less than two (2) dwelling units. 2. Discontinuance of Exception: If at any time any property as described above develops or redevelops with only one (1) dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. Section 3. Section 12-6D-8: DENSITY CONTROL, Vail Town Code, is hereby amended as follows: Ordinance No. 4, Series 2016 -2- 3/1/2016 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. 1. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14,000) square feet. a. The property was annexed into the Town of Vail with two (2) existing dwelling units on a lot less than fourteen thousand (14,000) square feet. b. The property as of April 1, 2016 contained two (2) dwelling units on a lot less than fourteen thousand (14,000) square feet. c. At no time between the property's annexation and April 1, 2016 did the property contain less than two (2) dwelling units. 2. Discontinuance of Exception: If at any time any property as described above develops or redevelops with only one (1) dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. 4, Series 2016 -3- 3/1/2016 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of March, 2016 and a public hearing for second reading of this Ordinance set for the 15th day of March, 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of March, 2016. ATTEST: Patty McKenny, Town Clerk Ordinance No. 4, Series 2016 Dave Chapin, Mayor M 3/1/2016 TOWN OF V7AIL" Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 8, 2016 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are now nonconforming due to lot size requirements, and setting forth details in regard thereto. (PEC160003) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY As a result of annexation into the Town of Vail, 35± duplex properties (2 dwelling units on a single development site) have been deemed Legal Nonconforming by the Vail Town Code due to not meeting the minimum lot size for 2 dwelling units. As Legal Nonconforming properties, homeowners are unable to utilize any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) unit or duplex property. This situation gives rise to questions of fairness and equity between homeowners in the Town of Vail. In addition to these properties being unable to utilize GRFA or redevelop, the unintended consequences of the existing policy include property deterioration aesthetically, environmentally and safety -wise (building codes) from lack of investment and a perceived lack of equity, fairness and consistency between property owners. Through Town of Vail property records, GIS and Eagle County records, the Community Development Department has attempted to identify all known properties that meet the required characteristics, namely annexed with two dwelling units constructed, still contain two dwelling units and be on a property less than 14,000 sq. ft. Although staff is reasonably confident that most of the subject properties have been identified, the possibility of other properties meeting the required characteristics exists. Property owners who feel they may have been wrongly excluded from this class may demonstrate through documentation such as approved building permit plans, Eagle 3/1/2016 County Assessor tax information or other materials that the property in question meets the criteria necessary to be affected by the proposed prescribed regulation amendment. II. DESCRIPTION OF REQUEST The Town of Vail has grown from its inception in 1966 to its size today largely through annexations of properties platted previously in Eagle County under Eagle County jurisdiction. At the time of annexation into the Town of Vail, many of these properties had homes already constructed under Eagle County rules and regulations. Approximately thirty five (35) properties were developed in unincorporated Eagle County (and later annexed) with two (2) dwelling units (duplex) on lots whose sizes do not conform to the current minimum lot size of 14,000 square feet, required for two (2) dwelling units. As a result, these properties are deemed Legal Nonconforming by the Vail Town Code. This means that the properties were legally and lawfully constructed, but do not conform to current code requirements. One of the consequences of being a nonconforming property as it relates to density (number of dwelling units on a lot) is that homeowners are unable to utilize any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) dwelling unit or duplex property. The Community Development Department has initiated this application and , informing potential property owners. It should be noted that this proposal only pertains to the subject properties and has no impact on the existing minimum lot size for all other Two - Family Primary/Secondary Residential (PS) and Two -Family Residential (R) zoned properties. III. BACKGROUND Many existing homes within the Town of Vail were constructed legally in Eagle County before being annexed and subsequently zoned by the Town of Vail. This application of zoning has resulted in many properties being deemed Legal Nonconforming due to discrepancies between the constructed properties and the dimensional and development standards of the Town Code. Many of these nonconformities are minor, including building setbacks, which do not pose significant barriers to homeowners wishing to expand or redevelop their properties. Other nonconformities including use or density (dwelling units per acre/site) create a different scenario. Properties that were developed in unincorporated Eagle County with two (2) units (duplex) on lots whose sizes do not conform to the current minimum lot size of 14,000 square feet, required for two (2) units are unable to make additions or redevelop their properties, regardless of available GRFA on the site. Prior to the rewriting of the calculation and allotment of GRFA in 2005-2006, properties nonconforming due to density controls were eligible for additional GRFA pursuant to Section 12-15-5 Additional Gross Floor Area (250 Ordinance). Since the adoption of the changes to GRFA, the only alterations that have been permitted are those that result in no net increase in GRFA, including interior remodels and exterior alterations. The Town Town of Vail Page 2 3/1/2016 has consistently allowed Duplex Subdivisions to separate ownership, regardless of conforming or nonconforming status. Currently, the only conforming way to have more than one dwelling unit on a P/S or R District zoned property under 14,000 square feet in lot size is to restrict one unit as a Type I Employee Housing Unit (EHU). This designation also comes with incentives related to GRFA (+550 sq. ft.), site coverage (+5%), and landscaping (-5%). None of the subject properties have taken this approach. Property Characteristics The subject properties fall into two zoning districts; the Two -Family Residential (R) District and the Two -Family Primary/Secondary Residential (PS) District. There are 9 properties located within the Two -Family Residential (R) District and 24 properties within the Two -Family Primary/Secondary Residential (PS) District that do not meet the minimum lot size (14,000 square feet) that were annexed into the Town of Vail with, and currently have, two units. The subject properties must meet all of the following requirements to be included in this discussion: • Properties must have been annexed into the Town. • Properties must have had two units on the property at time of annexation. • Properties must still have two units on the property. • Properties must have less than 14,000 square feet of lot area. The charts below illustrate the existing size of the subject lots: 14000 12000 -- 10000 8000 d N 6000 ° 4000 2000 [e7 Lot sizes of R District Lots less than 14,000 square feet with 2 Units Figure 1, 02/09/2016 Town of Vail Invidual Properties (9) Page 3 3/1/2016 14000 12000 10000 s 8000 0 N Cn 6000 0 J 4000 2000 0 Fiqure 2, 02/09/2016 Lot sizes of P/S District Properties less than 14,000 square feet with with 2 units Individual Properties (24) All of the P/S District lots were annexed into the Town of Vail in 1986 or 1987 while the R Zoned lots were annexed in 1969 and 1974. All of the properties are designated on the Vail Land Use Map as Low Density Residential with the exception of four properties which are designated as Medium Density Residential. One of these properties is located on Garmisch Drive while the other three are located on West Gore Creek Drive. Town of Vail Page 4 3/1/2016 IV. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendment is proposed to amend the density control section of the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts. The effect of this language will be to remove the nonconforming designation from the subject properties, allowing utilization of available GRFA or potential property redevelopment. The proposed language is as follows with new language in bold: 12-6C-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. 1. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14,000) square feet. a. The property was annexed into the Town of Vail with two (2) existing dwelling units previously constructed in unincorporated Eagle County on a lot less than fourteen thousand (14,000) square feet. b. The property as of April 1, 2016 contained two (2) dwelling units on a lot less than fourteen thousand (14,000) square feet. c. At no time between property annexation and April 1, 2016 shall the property have contained less than two (2) dwelling units. 2. Discontinuance of Exception a. If at any time any property as described above develops/redevelops with only one (1) dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. 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. 1. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14,000) square feet. Town of Vail Page 5 3/1/2016 a. The property was annexed into the Town of Vail with two (2) existing dwelling units previously constructed in unincorporated Eagle County on a lot less than fourteen thousand (14,000) square feet. b. The property as of April 1, 2016 contained two (2) dwelling units on a lot less than fourteen thousand (14,000) square feet.. c. At no time between property annexation and April 1, 2016 shall the property have contained less than two (2) dwelling units. 2. Discontinuance of Exception a. If at any time any property as described above develops/redevelops with only one (1) dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Town of Vail 3/1/2016 Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also prov des the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 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. 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. Town of Vail Page 7 3/1/2016 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. 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. 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. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the prescribed regulation amendment further the general and specific purposes of the zoning regulations by promoting the harmonious development of the Town's neighborhoods while maintaining established community qualities and economic values. In addition, the prescribed regulation amendment conserves and enhances residential communities of the highest qualities by providing opportunities for property improvement and redevelopment that are consistent with the residential character of the neighborhoods. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, staff identified the following applicable statements: Town of Vail 3/1/2016 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. 5. R esidential 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. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The affected properties are considered legal nonconforming per Section 12-18, Nonconforming Sites, Uses, Structures and Site Improvements. The overall intent of the section is to limit the number and extent of nonconforming uses and structures. This is intended to be accomplished through limitations on enlargements, redevelopment or restoration. The underlying premise is that at a point in time the nonconforming use or structure will no longer exist. This premise may not be entirely valid, especially with respect to duplex structures on undersized lots. Overtime, the Town of Vail has permitted some level of improvements to these properties to occur in addition to allowing the subdivision of ownership. Both of these activities have worked against the premise by reinforcing their presence and longevity in the community. None of the subject properties have redeveloped in such away as to come into conformance with existing regulations. As such, the existing regulation is no longer appropriate, necessitating the proposed revisions to the density control section of the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, by removing the subject properties from the nonconforming designation, property improvements and redevelopment opportunities are more clearly understood by affected residents and decision makers. Staff finds that this criterion has been met. Town of Vail Page 9 3/1/2016 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, 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 prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are nonconforming due to lot size requirements, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section V this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: Town of Vail 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 outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its Page 10 3/1/2016 natural environment and its established character as a resort and residential community of the highest quality. " IX. ATTACHMENTS A. Map Showing Location of Subject Properties with R Zoning B. Map Showing Location of Subject Properties with P/S Zoning C. Letter of support form Dayle Shames, affected property owner, December 14, 2015 D. Letter of support, Tom Braun, representing affected property owners Gene and Mary Jo Grace, December 21, 2015 Town of Vail Page 11 3/1/2016 Two -Family Residential Lots less than 14,000 sq.ft. with Two Units (as of October, 2015) soP,,kOe 955 5 945 980 Erooktree V 62 935 665 645 Cottonwood 93 a C` 933 10 z 897 895 893 0 891 685 635 F!ED 929 925 i SANDSTONE $90 C1R 927 921 `�' 896 898 894 725 715 923 m 917 Co,.k 191 Sandstone 73 O 894 884 Ca,c I 915 91 �I 911 909 SPRUCE 874 907 905 864 199 sandstone 701 V� 3 99 1 West,,- 901 O?�P 710 vad ex�w_7 W. 903 5 D W .r.........n 01R L� °`error � m reanrsfoe ma "^,�'.vasoe u. .npsr P+q �,yoN� i-7 I S o \ i°a�,°a°a, � w tlww,aesEae „G a o , �oAEp,a a a ��\ F Two -Family Residential (R) Two -Family Residential - Two Units on Lots < 14,000 sq.ft. _ Two -Family Primary/Secondary Residential (PS) = Primary/Secondary Residential - Two Units on Lots < 14,000 sq.ft. Thls map was createtl by the Town of Val GIS Team. Use of rM1ls map sM1oultl be far general purposes only. TM1e Town of Vail tloes not warrant rM1e accuracy o/ Ne Infonnatlon conralnetl M1eraln. (wM1are shown, parcel Ilne work Is approximate) Oecembar 21, 2015 TOWN OF VAIL ` 3/1/2016 Two -Family Primary/Secondary Residential Lots less than 14,000 sq.ft. with Two Units (as of October, 2015) 1183 1163 1031 P 10451055 1054 11151125 0\0 aR 1193 967 1042 1050 1100 1153 C'1184 1007 11061187 1191 100 �, G,� 1022 1044 1136 80RN51L Ep 1195 Q- 012 0V` 1034 1157 �SSP1014 1109 1127 VAIL 992 ti 1250 ptPR�\GP� 994 ^ 1220 3 1200 a 996 a o -lip 1170 1017 1027 '1067^ 1119 11301150 1190 975 s a Q e Two -Family Residential (R) Two -Family Residential - Two Units on Lots < 14,000 sq.ft. _ Two -Family Primary/Secondary Residential (PS) = Primary/Secondary Residential - Two Units on Lots < 14,000 sq.ft. TOWN OF VAIL ` 3/1/2016 From: Davie Shames To: Jonathan Spence Cc: "mt.docCabmac.com" Subject: Re: Town of Vail Email Address Date: Monday, December 14, 2015 1:07:01 PM Hello Jonathan, Thank you for returning my phone call this morning. I await hearing possible options for the 30 properties involved in the current discussions scheduled for the December 28th commission meeting. I understand the need for uniformity, but I feel very strongly, that these few properties should be grand -fathered in as they currently are into the building specifications for Vail. I see that as the only reasonable option. Thank you for your consideration. Dayle Shames On Dec 14, 2015, at 11:12 AM, Jonathan Spence wrote: Jonathan Spence, AICP Planner Community Development Department <image001._ 970.479-2321 Communitv Development Surve vailgov.com twitter.com/vailgov <image002 Jpg> 3/11/2016 AaWwB N A55�7C=I�TCS, INC_. LAND PLANNING & COMMUNITY DEVELOPMENT December 21, 2015 Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, CO 81632 RE: Work Session on Non -conforming Primary/Secondary and Two -Family Residential Lots Dear Members of the PEC: My firm represents Gene and Mari Jo Grace, owners of a home on West Gore Creek Drive in West Vail. I am writing to express my support for the staff and PEC initiating amendments to address issues with the non -conforming section of the zoning code as outlined in the Staff's December 28th memo. The Graces and I suspect other Vail home owners will be expressing their personal reasons for why they support amending this section of the zoning code. I will offer a more general, planning and zoning based perspective on this situation and why I believe existing provisions of the Town's non -conforming section are inconsistent, unnecessary and not in keeping with the Town's development objectives. Basics on Non -conforming Sites, Uses, Structures Virtually all zoning codes regulate uses, structures and sites that were lawfully created yet due to changes in development regulations no longer conform to current standards. The purpose of the Town's non -conforming chapter is "intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards". Continuance of Non -conforming Sites, Uses, Structures The code allows non -conforming situations to continue under the following circumstances: Non -Conforming Sites — May continue and "shall be deemed legally established building sites". Non -Conforming Uses — May continue provided the use shall not be enlarged to a greater site area or building floor area. Non -Conforming Structures — this section addresses four considerations: 12-18-5 A. Lot and structure requirements — improvements that do not conform to setbacks, site coverage, height, etc. may continue and may be enlarged, provided "such enlargement does not further increase the discrepancy (or the non -conformity)". 12-18-5 B. Density Control — Structures that do not conform to density control (GRFA and dwelling units per acre) may be modified, "provided total GRFA of enlarged structure does not exceed the total GRFA of the pre-existing non -conforming structure". This provision means that if a property is non -conforming with respect to dwelling units it may be modified or enlarged but only if GRFA does not increase. This provision is the crux of this conversation. 12-18-5 C. Open Space and Landscaping — Non -conforming situations can be enlarged provided open space and landscape requirements applicable to the proposed enlargement be satisfied. Opal Building • 225 Main Street • Suite G-002 • Edwards, Colorado • 81632 970-926-7575 • 970-926-7576 fax • www.braunassociates.com 3/1/2016 12-18-5 D. Off Street Parking - Non -conforming situations can be enlarged provided parking requirements of the proposed enlargement shall be satisfied. Observations on How the Code Addresses Non -Conforming Situations It seems clear that with the exception of Density Control (12-18-5 B.), the Town's approach to non- conforming situations is generally not overly restrictive. For example — • A structure with a non -conforming setback condition may be enlarged and only the addition must conform to current setback standards. There is no requirement to remedy the non- conforming setback situation. • A building with a non -conforming parking condition may be expanded and new parking is required only for the new expansion. There is no requirement to remedy the non -conforming parking situation. The flexibility to expand these types of situations while not addressing the non -conforming aspect of the property is why I would characterize the Town's non -conforming section as "not overly restrictive". The manner in which Density Control is handled is different. In this case a property that is not conforming with respect to lot size and allowable dwelling units is not allowed to add GRFA, even if the property has allowable GRFA available. Not only does this provision "merge" two distinctly different development standards (GRFA and allowable units), it prohibits adding GRFA even when the addition of GRFA would not "increase the discrepancy' of the non -conforming situation (dwelling units). Section 12-18-5 B. is inconsistent with how it treats GRFA as compared to the flexibility the section affords other non -conforming situations and Section 12-18-5 B. is unnecessary because preventing a homeowner from adding otherwise allowable GRFA does nothing to exacerbate, or "increase the discrepancy" of a non -conforming dwelling unit situation. At a more general, policy level, section 12-18- 5 B. is not in keeping with the Town's development objectives to encourage the redevelopment and upgrading of properties. Nor does this section further the Town's desire for locals to live in Vail. Note that a significant percentage of existing homes that are in this non -conforming situation are owned by locals and this section creates an encumbrance or disincentive for locals to improve (and continue living in) their homes. I appreciate the time you are taking to evaluate this situation and look forward to working with staff and the Commission on a solution that maintains the integrity of the non -conforming chapter while relaxing the unnecessarily restrictive implications of Section 12-18-5 B. Regards, Da - Thomas A. Braun �_� _ 3/1/2016 0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VAIL February 8, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order Members Present Brian Gillette, Ludwig Kurz, John Rediker, Henry Pratt, John Ryan Lockman Members Absent: Kirk Hansen, Webb Martin SiteVisits: 1. Vail Cascade Resort & Spa - 1300 Westhaven Drive 2. Villa Valhalla, Unit 10 - 384 Gore Creek Drive 2. A request for the review of a variance from Section 11-6-3: Business Signs, Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to allow for a free standing business identification sign, located at 223 Gore Creek Drive (White Buffalo Restaurant, Creekside Condominiums)/Lot A, Block 513, Vail Village Filing 1, and setting forth details in regard thereto. (PEC160001) Applicant: White Buffalo Restaurant, represented by Elevation Resort Management Planner: Jonathan Spence Action: Approve with Conditions Motion: Rediker Second: Kurz Vote: 5-0-0 Jonathan Spence introduced the project. Free standing signs are not allowed without a variance. He showed photos of the location of the business. Line of sight to signage location would otherwise be difficult to see. He showed the location of past signs for menu boards. Staff recommends approval based on the criteria in the Town Code. Conditions of Approval include not allowing the menu board in this location. Pratt — Existing sign should come down if this is approved. Spence — Existing sign has a time limit. It must be removed before this sign is installed. Rediker — Are menu boards different from other signs? Spence — Yes, menu boards can be in other locations that primary signs cannot. David Segerdal — A number of restaurants have been in that space. It's hidden in spring and summer when trees bloom. A sign where the past menu board was located is not much to ask. Public Comment — None Gillette — Agree with staff recommendation, Rediker— Looking at criteria in 11-10-1, looks like we do have physical limitations, Kurz — Agree with comments made so far. 3/1/2016 Pratt — Agree with staff. 2. A request for a recommendation to the Vail Town Council on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Villa Valhalla Building into View Corridor #5, located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150036) Applicant: Jose Pedro Valenzuela Rionda, represented by Pierce Architects Planner: Jonathan Spence Action: Recommendation of Denial to Town Council as Criteria #2, #3, and #5 have not been met Motion: Gillette Second: Kurz Vote: 4-1-0 (Lockman opposed) Jonathan Spence introduced the topic and explained the different types of applications related to view corridors. One is an encroachment, and the other is a change to the view corridor. He explained with photos where the addition is proposed. Property is using the "250 Ordinance" to add square feet. He also showed images of how the view would be affected and where the encroachment would take place. Portion of the addition in the view corridor is a dormer on the roof. He reviewed the View Corridor Encroachment Criteria in the Town Code. Due to the Founders Garage already encroaching, the proposed encroachment is very minor and there are no other options for expansion of the condominium. Pratt — It would be good to get on record the reason that the Founders Garage was built as is. Spence- It appears to be an oversight that Founders Garage was built within the view corridor. Bill Pierce, Architect — Discussed some of the slides and photos and how the encroachment would be minimized. Space is partially used for sleeping spaces. Low headroom in this space. Height is about 66". We designed this to be as minimal impact as possible. Public Comment - Art Carroll, 385 Gore Creek Drive, 30 year resident. I stood on the view corridor point. If we have a view corridor, and someone takes a little bit, where does it stop, when does the Town stop selling itself? It takes fortitude to say no the first time, but easier to say no the second time. April Carroll — I stood in front of Troy's to see the encroachment. The trees are the encroachment now. After this, it will be built. Why have view corridors if we allow people to build into them? Final Comment - Lockman — I tend to agree with the public. Where do you stop? Applicant has shown the minimal amount that the proposed project will encroach. Agree with staff. Kurz — View corridors have been sacred over the past few years. This one is already encroached upon. Don't recall how this encroachment happened. Does it show in Town records? (Spence- No.) Hopeful there is another solution. Rediker — Difficult time with this encroachment. Embarrassment to the Town how this one happened at Founders Garage. Proposed encroachment is minor in nature, but an encroachment nonetheless. There are criteria we need to consider. Application needs to meet all other criteria. Difficulty seeing 3/1/2016 how it meets #2, protecting the view corridor. Struggling with #5 as well. Founders Garage has completely destroyed this view, but at some point we need to put our foot down. Not sure how I will vote. Gillette — Where do you stop? As I look at this, I ask how you get the view back. Founders Garage, its likely mechanical space on the top of that garage. It's possible to get this back from the Founders Garage, but not once you put up living space. Council should look at an amendment to the view corridor. Town Council should look at this to determine if they want to protect this view, by working with the Founders Garage. Use eminent domain to fix the mistake we made. Pratt — Brian makes a good point. View corridors have been sacrosanct. Appreciate attempts to minimize the impact. It's a tiny sliver, but then the next guy needs more encroachment. I don't think we can do this. If the Town Council wants to change the view corridor, that may be an impetus to approve this. Pierce — If the Council does not want to make any changes to the Founders Garage, would this be a minor encroachment? Would this be palatable if the Council decides not to make a change? Pratt — If Council decides not to make a change, I would not support this application. Gillette — If Council redraws the line to be above the Founders Garage. Lockman — Feel that the criteria have been met, but agree that it could be amended. The Commission discussed the options for approval, denial, or attaching conditions to the approval 4. A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two -Family Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units but are now nonconforming due to lot size requirements, and setting forth details in regard thereto. (PEC160003) Applicant: Town of Vail Planner: Jonathan Spence Action: Recommendation of Approval to Town Council Motion: Rediker Second: Kurz Vote: 5-0-0 Planner Spence introduce the projects and the history of this proposed code amendment. These lots were constructed upon as a duplex in Eagle County prior to annexation. Lots are nonconforming since they are less than 14,000 sq. ft. Owners cannot use the available GRFA. Nonconforming section of the code assumes that nonconforming uses or structures will go away someday. In this situation, that premise may not be valid. None of the properties have become conforming since annexation. Small 250 sq. ft. additions have been allowed over time, and properties have been allowed to subdivide. This proposal does not change the minimum lot size, change allowed density or GRFA, site coverage, etc. This change will only apply to these specific properties. Properties must meet these specific criteria. Result would allow use of GRFA and would allow demo/rebuild. Consequence of not changing code is that properties begin to age; many of these properties have not been upgraded. Public Comment — Mike Mathias, live on Black Bear Lane in East Vail. At least 40-50% of my property is the creek. Any 3/1/2016 efforts I have made to upgrade the property have met with disapproval. All I can do is basic maintenance. I can't add on since I don't meet variance criteria. I recommend changes to this policy. Otherwise I can't upgrade property as is needed. Tim Howard - 5123 Black Bear Lane — This change would be immensely helpful to help us to upgrade our property. We own and live here. We support this recommendation Christie Hochtl - 890 Red Sandstone — A few years ago our renters moved out. The way our home sits on the lot, we had an opportunity to condominiumize the lot. Home sits awkward on the lot. We would be in favor of this being passed. If we wanted to demolish and rebuild, that would be good for passing this property to our children. Great location, not confined since we border the park. We have used some of our GRFA to modernize. We are very much in favor of this passing. Susan Bird 1771 Alpine Drive — Bought 32 years ago in Eagle County, and voted to get annexed into Vail. This lot is fractions off from being eligible for Primary/Secondary. Final Comments Gillette — Like what staff has done, support this. Rediker — Agree in all respects with staff analysis. Kurz — Want to verify that I don't have a conflict of interest due to my relationship with neighbors affected. I paid $1,800 for the lot. Lockman — Good to hear from the public on this issue. Pratt — Criteria have been met, these 35 properties should have an exception. 5. A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Area A, Vail Cascade, pursuant to Section 12-9A-10 Amendment Procedures, Vail Town Code, to allow for a reduction of seven (7) accommodation units, major interior renovation, new fitness area, new spa for guest use, new entry vestibule and a modified porte-cochere in the Vail Cascade Resort & Spa, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC160002) Applicant: Vail Hotel Partners LLC, represented by Mauriello Planning Group Planner: Chris Neubecker Action: Recommendation of Approval to Town Council with Condition Motion: Kurz Second: Rediker Vote: 4-0-1 (Pratt Recused) Condition: The proposed pool shall be reviewed and approved by the Planning and Environmental Commission. Henry Pratt recused himself from the hearing due to a conflict of interest. Planning Manager Neubecker introduced the proposed amendment to the Vail Cascade Hotel. Reduction in accommodation units is primary reason this is a major amendment. Other changes in uses are also to be considered. New ownership has certain improvement requirements to bring the hotel up to their standards. The primary change on the exterior is a new porte-cochere (covered entry for vehicles). Other exterior change include a change from wooden to stone panels on 3/1/2016 entrances, changes to the terrace, and a change in the size of landscape island. The current hotel does not experience full occupancy and it is hoped that the upgrades and management will increase occupancy despite a reduction in the overall amount of units. The staff report highlights the extent of the proposed changes, including a reduction in approximately 2,000 sq. ft. of GRFA and a slight increase in commercial space. No parking changes are proposed. Changes to the tennis facilities have already been approved under separate application and are not a requirement of the SDD. There is no change to employee housing or height. There are minor change to site coverage and landscaping. Staff finds the proposal meets the criteria for SDDs and recommends approval, with one condition. Rediker asked for Commission comments. Lockman asked about a comment on the staff report regarding the maximum number of units. Neubecker confirmed that the existing conditions exceed the maximum number of 289 units. Lockman commented that the change in landscaping seems like a lot of square feet, but only a very small percent change. Neubecker responded that the percent change is very small based on the relatively large size of the site. Gillette asked what other documents regulate the property, to which Neubecker responded just the Town Code and existing SDD. Gillette asked about AUs (accommodation units). Neubecker responded that because it is not part of Lionshead, reduction of accommodation units is not regulated by the master plan. Gillette asked what specifically causes the proposal being a major amendment, to which Neubecker responded that a reduction in the amount of accommodation units requires a major amendment, per Town Code. Gillette asked if staff knew why the site is noncompliant in regards to landscaping to which staff did not have any information explaining why it was out of compliance. Rediker commented about the location review criteria used by staff. He then asked about AUs being mentioned in the Vail Land Use Plan, to which Neubecker responded there is no requirement within the Vail Land Use Plan to preserve AUs. Rediker asked if there are specific documents like the Lionshead Plan which require the preservation of AUs, to which Neubecker responded in the positive, but this is not within the Lionshead area. There are no such statements within the Cascade SDD. Gillette asked what landscaping percentages existed on other sites. Dominic Mauriello responded he can address that question in his presentation. Dominic Mauriello, MPG, consultant for the Applicant, began by introducing the development and team and referencing a PowerPoint presentation. Philip Cyburt of Laurus Corp. reviewed the proposed investment in the redevelopment of the property. Investment will be made into the hotel, but also the hotel will be branded as part of the Starwood Luxury Collection. Enhanced booking systems and marketing are part of this improvement. The reduction in rooms is due to a desire to be competitive within the luxury market by increasing the amount of suites and to have a spa within the hotel. 3/1/2016 Cyburt continued by summarizing the applicant's vision for the redevelopment of the hotel. The hotel will need to be temporarily closed to accommodate the construction of the improvements. A subsequent application for improvements to the Aria Health Club is anticipated in the future. Mauriello summarized the SDD amendment and the sensitivity to a reduction in AUs. The SDD is one of the few SDDs within the town that has multiple owners. Dominic speculated that sometime in the 1990s part of a salon was converted to four additional hotel rooms. Based upon what the original ordinance stipulated, the proposed reduction is only three AUs less than the established maximum. Dominic provided statistics regarding occupancy and noted that over the last three years, only 0.05% of the time was the hotel over 285 units occupied. The reduction should have a minor impact and the upgraded rooms will help increase the aggregate rate. Dominic referenced an image depicting the location of the rooms to be eliminated. He then referenced the proposed improvements specified in the application, including changes to the bar and restaurant floor plans, expanded terrace area, remodeled lobby, common areas, and conference and meeting rooms. John Garth, General Manager of the Cascade Hotel, was introduced to speak of the impact of updated conference and meeting rooms. Right now, the hotel is limited to second and third tier groups. However, the footprint should allow for the hotel to be a premier space capable of accommodating first tier groups. Mauriello continued discussing the proposed improvements, including an on-site spa and salon, fitness area, and kids play area. Discussing the exterior improvements Dominic described the porte-cochere and terrace improvements. The location of the terrace improvements is where the loss of landscaping occurs. In regards to the zoning analysis, there are no other issues outside of the reduction in the number of rooms. The issue of parking was then discussed. The existing parking structure is compliant with the SDD. Dominic expressed his belief that because they are not changing the conference facilities, they should still be subject to the required 35 parking spaces for conference use, not the 69 spaces identified within the staff report. In regards to the tennis court conversion, Dominic stated that the tennis courts were not a required improvement and noted that the structure was designed to accommodate parking. After the conversion, there will be a surplus of 26 parking spaces beyond what is required. Employee housing is only required when adding area, but Dominic stated that the proposed changes actually reduce the demand for employee housing. Dominic concluded by reviewing the criteria for approval of a major amendment. Rediker asked for commissioner comments. Lockman asked for an explanation as to how the employee housing demand decreased. Dominic referred to a table on a slide that calculated the change in floor area with each specific use. Gillette asked for more information on the loss of landscaping to which Dominic referred to a slide and identified an area where a pool could be located, thus resulting in a loss of landscaping. Gillette asked for information about the amount of landscaping at other similar properties. Dominic 3/1/2016 responded that it depends on location and the applicable regulating documents. Gillette asked staff to check on the amount of landscaping required within the Public Accommodation (PA) zone district, to which Neubecker responded that 30% is required. Rediker asked if the SDD regulates setbacks from the bike path, to which Dominic responded in the negative. Rediker asked for clarification if the creation of suites would also result in the loss of beds, to which Dominic and John Garth responded that they should have the ability to sleep the same number as before through the use of pull-out couches. Public Comment - None Final Comments — Lockman stated that the loss AUs is a concern, but the overall need to renovate the property makes sense and he can favor approval. Kurz stated that he is also in favor of the proposal and through personal experience he felt the addition of quality improvements offsets the loss of AUs. He asked for confirmation that the parking is compliant, to which Neubecker responded in the positive. Gillette concurred with staff's recommendation and favors the proposal, despite his concern regarding the loss of landscaping. Rediker noted that there is not a prohibition against reducing the amount of AUs and based on existing low occupancy rates that it should not be an issue. Rediker expressed concern regarding the loss of landscaping, especially in placing concrete in an area where buffers along Gore Creek are needed. Rediker stated that he is concerned about approving the changes to the terrace without a definite plan moving forward. Rediker suggested approval of the terrace be subject to future PEC approval. Gillette agreed with Rediker's suggestion. Neubecker asked for clarification of the area to be subject to future approval, which should be the pool and not the terrace. Rediker described the area in which the future pool may be proposed. Gillette suggested the review of a stormwater plan. Neubecker stated that there are existing stormwater regulations within the existing SDD. After discussion regarding conditions of approval, Ms. Sarah Baker, attorney for the applicant, suggested agreed upon language that a future pool would be subject to PEC review. 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) 3/1/2016 Table to February 22, 2016 Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Action: Table to February 22, 2016 Motion: Kurz Second: Rediker Vote: 5-0-0 7. A request for review of a Conditional Use Permit pursuant to Section 12-813-3 Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code, to allow for the installation of parking in the Chalet Road right -of- way and the conversion of the existing tennis courts to pickle ball courts, located at 461 Vail Valley Drive, Tract F2, Vail Village Filing 5, and setting forth details in regard thereto. (PEC150037) Table to February 22, 2016 Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Chris Neubecker Action: Table to February 22, 2016 Motion: Kurz Second: Rediker 8. Approval of Minutes January 25, 2016 PEC Meeting Results Action: Approve Motion: Gillette Second: Rediker Vote: 5-0-0 Vote: 4-0-1 Ludwig Abstained) Lockman pointed out an error in the spelling of his name in the minutes. Henry Pratt stated that there is an incomplete sentence regarding a statement he made. 9. Informational Update Energy Update - Environmental Team Mark Hoblitzell provided an update regarding the town's energy usage. Energy is purchased from Holy Cross Energy. Since 2006, Holy Cross has seen a reduction in CO2 intensity from approximately 2 Ib/kwh to 1.5 Ib/kwh. Coal accounted for approximately 62% of their energy source in 2014. Natural gas accounted for approximately 16%. In regards to the town's consumption, from 2006 to 2015 a 31% reduction in electricity use has been achieved. LED upgrades in the parking structures and the construction of other new facilities have increased efficiency. Gillette asked what the cost was to achieve a 31 % reduction and if it is realistic to achieve another 20% reduction in four years. Kristin Bertuglia estimated that approximately $4 million dollars have been spent and there is approximately a 15 year payback. Gillette asked which programs have the shortest payback, to which Kristin responded lighting. Hoblitzell summarized a table depicting the yearly cost reductions and reminded the PEC that there have been two rate increases in this time. Solar energy has been added at the Lionshead Transit Center and Vail Village Welcome Center. Lockman asked how we can achieve energy use reduction for homeowners and businesses. Mark stated that the town has been active with many partners on education programs and offering rebates. Kristen 3/1/2016 stated that the International Building Code has incorporated energy efficiency requirements. Gillette asked if the town can get information by each meter within the town, to which Kristen responded the information is currently only available at a substation level. George Ruther stated that some of the commissioner's terms were ending in the future, but applications can be made for reappointment. 10. Adjournment Action: Adjourn Motion: Rediker Second: Kurz Vote: 5-0-0 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. 3/11/2016 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 1, 2016 ITEM/TOPIC: Adjournment (8:45 p.m.) 3/1/2016