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2016-06-07 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TOWN COUNCIL REGULAR MEETING Evening Agenda TOWN Of VAIL' Town Council Chambers 75 South Frontage Road W., Vail, CO 81657 6:00 PM, June 7, 2016 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 1.1. Citizen Participation 10 min. 2. Appointments for Boards and Commissions 2.1. Vail Local (Liquor) Licensing Authority Appointments 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint two members to Vail Local (Liquor) Licensing Authority. There are two vacancies on the Vail Local (Liquor) Licensing Authority; three interviews have been conducted and two appointments will be made for terms ending June 2018. 3. Consent Agenda 3.1. Resolution No. 22, Series of 2016, Fee in Lieu is one of a number of "methodologies" of mitigation of the employee housing requirement cited in Town Code for Commercial Linkage (Section 12-23-6) and Inclusionary Zoning (Section 12-24-6). Background: In accordance with Vail Town Code Sections 12-23-6 and 12- 24-6 the fee in lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council. 3.2. Resolution No. 23, Series of 2016, A Resolution of the Vail Town Council Establishing Fees for Permits and for Fire Protection Services Outside of the Town's Boundaries Background: Resolution No. 23, Series of 2016, amends the current fee structure for fire department response to properties outside the municipal June 7, 2016 - Page 1 of 163 limits of the Town of Vail. These changes are based upon Town Council direction. 3.3. Release of a deed restriction from an existing employee housing unit located at Lot A, of SDD#34 also known as 1631 Buffehr Creek Road Background: A request for the release of a deed restriction from existing employee housing unit located at Lot A, of SDD#34 also known as 1631 Buffehr Creek Road in exchange for a fee in lieu payment for 837 square feet pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. 4. Town Manager Report 5. Presentations / Discussion 5.1. KAABOO Festival Staff Update. 30 min. Presenter(s): Town Staff Background: VVF and KAABOO representatives presented information about their proposal to bring "KAABOO — a music experience" to Vail at the April 5 and May 17 town council meetings. On May 22nd they announced a change to the venue to exclude the Ford Park lower bench area amid concerns from Betty Ford Alpine Gardens and TOV. They also held two public meetings on May 26th for the community at large 5.2. East Vail Water Quality Projects Presenter(s): Chad Salli, Project Engineer Action Requested of Council: Input and Direction Background: The Town received a CDOT grant for water quality imrpovements at three sites in East Vail along 1-70, two at MM 182 and the largest one at the East Vail interchange at MM 180. The design team is kicking off the projects with public input and a review of the project goals and design direction. Staff Recommendation: Provide staff with input and affirmation of the design direction 6. Action Items 30 min. 6.1. Ordinance No. 9, Series of 2016, First Reading, An Ordinance Amending 10 min. Chapter 4 of Title 7 of the Vail Town Code to Regulate Electric Assisted Bicycles and Allow Electric Assisted Bicycles on Bicycle and Pedestrian Paths in the Town Presenter(s): Gregg Barrie, Senior Landscape Architect and Matt Mire, Town Attorney Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 9, Series of 2016 upon first reading Background: The Vail Town Council directed staff to prepare an ordinance for a trial period for the remainder of 2016 to allow e -bikes on Town of Vail paths. 6.2. Ordinance No. 11, Series of 2016, First reading, An ordinance repealing 30 min. and reenacting Ordinance No. 11, Series 2014, which adopted the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East June 7, 2016 - Page 2 of 163 Meadow Units 501 and 502 (Vail Village Inn, Phase III) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Town Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2016, upon first reading. Background: The applicant, Lublan S.A, represented by Eggers Architecture, Inc., is requesting a recommendation to the Vail Town Council on a revision to a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area and a change in project scope to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3). Staff Recommendation: The Planning and Environmental Commission forwarded a recommendation of approval on a revision to a major amendment to SDD No. 6, Vail Village Inn on May 9, 2016 with a vote of 3- 1-0, (Rediker opposed) 6.3. Request to Award Construction Contract for Renovation of the East Vail Fire 20 min. Station. Presenter(s): John King, Facilities Manager, Mark Novak, Fire Chief Action Requested of Council: Authorize the Town Manger to enter into a construction contract with MW Golden for the renovation of the East Vail Fire Station Background: In January of 2016, Council approved completion of construction documents for the renovation of the East Vail Fire Station as well as the release of an RFP for preconstruction services. Construction documents have been completed, and the building permit is ready to be issued. The next step to move this project forward is to award the construction contract. Staff Recommendation: Authorize the Town Manger to enter into a construction contract with MW Golden for renovation of the East Vail Fire Station. 7. Public Hearings 7.1. Ordinance No. 13, Series of 2016, An Emergency Ordinance Adopting a 15 min. Temporary Moratorium on Accepting Fee -In -Lieu Payments in Exchange for Release of a Deed Restriction from an Existing Employee Housing Unit or to Satisfy Employee Housing Mitigation Requirements Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 13, Series of 2016, as read Background: On May 17, 2016, the Vail Town Council held a joint worksession with the Vail Local Housing Authority to discuss possible next steps with regard to establishing an updated fee in lieu policy. During the worksession the idea of establishing a moratorium on the acceptance of fee in lieu as a method of mitigation was briefly discussed. Following discussion, the Vail Town Council instructed staff to return at the next public hearing with an ordinance proposing a moratorium on the acceptance of fee in lieu for a temporary period. Staff Recommendation: The Community Development Department recommends the Vail Town Council denies Ordinance No. 13, Series of 2016. Please see the staff memorandum to the Vail Town Council dated June 7, 2016 for more detail. June 7, 2016 - Page 3 of 163 7.2. Ordinance No. 10, Series of 2016, Second Reading, An 10 min. Ordinance Amending Chapter 7 of Title 5 of the Vail Town Code Concerning the Liability for Costs Associated with the Town's Provision of Fire Protection Services to Properties Located Outside Town Boundaries Presenter(s): Mark Novak, Fire Chief Action Requested of Council: Approve, deny or modify Ordinance No. 10 Series of 2016 on second reading. Background: Ordinance No. 10, Series of 2016 modifies Chapter 7 of Title 5 of the Vail Town Code to clarify certain provisions regarding fire department response to properties outside the Town of Vail municipal limits. Staff Recommendation: Approve Ordinance No. 10, Series of 2016 on second reading. 8. Adjournment 8.1. Adjournment 9:20 p.m. Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by Public Access Television Channel 5 and available for public viewing as the meeting is happening. The meeting videos are also posted to Channel 5 website the week following meeting day, www.publicaccess5.org. 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. June 7, 2016 - Page 4 of 163 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Citizen Participation TOWN OF VAR' June 7, 2016 - Page 5 of 163 TOWN OF VAR' VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Local (Liquor) Licensing Authority Appointments PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Appoint two members to Vail Local (Liquor) Licensing Authority. BACKGROUND: There are two vacancies on the Vail Local (Liquor) Licensing Authority; three interviews have been conducted and two appointments will be made for terms ending June 2018. ATTACHMENTS: Description Memo VI -LA Interviews and Appointments 051716 June 7, 2016 - Page 6 of 163 TOWN Of 0) VAIL A Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: May 17, 2016 Subject: Interview and appointments to Vail Local (Liquor) Licensing Authority (VLLA) I. SUMMARY The Town Council will have an opportunity to interview and make appointments to the Vail Local (Liquor) Licensing Authority (VLLA) during the May 17th afternoon and evening meeting. The public notice was posted in the Vail Daily and the Town's website for two vacancies on the VLLA with interviews to be conducted May 17. There have been three letters of interest received by the deadline from the following residents, 1) Craig Arseneau, 2) Michael Hannigan, and 3) Hermann Stauffer. Interviews will be conducted with Mr. Arseneau and Mr. Hannigan next Tuesday. Mr. Staufer will be out of the country on that date so was not available for an interview. The Council is asked to provide direction about postponing the appointments to June 7 if they would like to pursue an interview with Mr. Staufer at the next council meeting. II. BACKGROUND There are five members appointed by Town Council to serve on the Vail Local (Liquor) Licensing Authority. The VLLA is established pursuant to the provisions of Colorado Revised Statutes section 12-46-103(4), section 12-47-103(9), and the Town Charter section 8.6, and is a commission which oversees the licensing of locations within the Town to sell alcoholic liquors and fermented malt beverages and for the local administration of the Liquor Code of 1935 and the Fermented Malt Beverages Act in accordance with said statutes. Those serving must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. All three parties meet the criteria. Two members reach the end of their term June 2016 and include Mr. Arseneau and Mr. Hannigan, both seeking reappointment. Other current members include Amanda Zinn, Ted Steers, and Luca Bruno, whose terms end 2018. The VLLA meets the second Wednesday of each month and considers new liquor licenses, renewals, June 7, 2016 - Page 7 of 163 transfers and special event liquor permits. Note both applicants have not missed any meetings this past year. Letters of interest are attached. III. ACTION REQUESTED Provide direction on scheduling an interview with Mr. Staufer for the next council meeting and / or delay appointing members to the VILLA or move foreword with making appointments to VLLA during the evening meeting. Town of Vail Page 2 June 7, 2016 - Page 8 of 163 Patty McKenny From: Craig Arseneau <craig@vailcoffee.com> Sent: Thursday, May 12, 2016 12:10 PM To: Patty McKenny; Tammy Nagel Subject: Letter for the Liquor Board Subject: Liquor Board Att: Patty McKenny Town Clerk Town of Vail Dear Patty, April 14, 2016 Thank you for the opportunity to serve on the Local Licensing Authority for the past 2 years, its has been a wonderful experience. That said, I would like to extend my services on the board for another 2 year term. I have owned and operated businesses in the Vail Valley for over 26 years ; Co—founding partner for The Daily Grind Coffeehouse in Vail Village / Co founding partner for Vail Mountain Coffee & Tea Co in Minturn. While operating The Daily Grind in the Vail Village, we incorporated a successful wine bar concept in the early 90's (thus obtaining a liquor license) and so I am familiar with the Liquor Board licensing procedures within the Town of Vail district. I feel my resume would be a valuable asset to the Liquor Board. I have lived in the Vail Valley for 26 years and currently reside in East Vail with my wife and 8 year old daughter, who attends Stone Creek Charter School. Side bar, I was recently appointed (October 2015) to the Board of Director's at Stone Creek Charter School for a 2 year term. Please consider my application for the Town of Vail Local Licensing Authority. Regards, Craig Arseneau President Vail Mountain Coffee & Tea Co. Po Bo: 549, 23698 US Hwy 24, Minturn, Co 81645. Tel: (970) 827-4008 Fax: (970) 827-9265 w .vnilcoffee.com June 7, 2016 - Page 9 of 163 Patty McKenny From: Tammy Nagel Sent: Thursday, April 14, 2016 8:12 AM To: Patty McKenny Subject: FW: Local Licensing Authority Seat From: michael hannigan[mailto:michaelhanniganl3(&hotmail.com] Sent: Wednesday, April 13, 2016 7:21 PM To: Tammy Nagel Subject: Local Licensing Authority Seat Hello Tammy, I am writing this letter to let you, and the Vail Town Council, know that I am very interested in retaining my chair on the Vail Liquor Board. I hope that my attendance & participation during board meetings merits another term. Being a bartender in Vail for almost 22 years, I feel as if I bring a level view of the issues that are on hand during these meetings. Working with the Liquor Board members and even some of the other Boards on the issues that face this town, that are alcohol related, has been a pleasure. It's great to see the people that love this town working together to achieve a common goal. I'm not sure if I will be in Town during the Liquor Board seat interviews on May 17th, but I hope this letter proves my intent to serve another term to the best of my abilities. Thank you for your consideration & look forward to working with you in the future. Michael Hannigan 1768 Alpine Dr. #1 Vail, CO 81657 June 7, 2016 - Page 10 of 163 Patty McKenny From: Hermann Staufer <hsstaufer@gmail.com> Sent: Wednesday, April 20, 2016 9:16 PM To: Patty McKenny Subject: Fwd: Re. Local licensing authority Sent from my iPad Begin forwarded message: From: Hermann Staufer <hsstaufer@gmail.com> Date: April 20, 2016 at 2:33:38 PM MDT To: Hermann Staufer <hsstaufer(a�gmail.com> Subject: Re. Local licensing authority To Patty McKenny. My name is Hermann Staufer and I am interested to serve as a member on the Local Licensing Authority, I am sorry I can not be in town to be interviewed on May 17th as I will be on a cruise to Bermuda. Yours sincerely, Hermann Staufer. Sent from my iPad June 7, 2016 - Page 11 of 163 TOWN OF VAR' VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 22, Series of 2016, Fee in Lieu is one of a number of "methodologies" of mitigation of the employee housing requirement cited in Town Code for Commercial Linkage (Section 12-23-6) and Inclusionary Zoning (Section 12-24-6). ACTION REQUESTED OF COUNCIL: BACKGROUND: In accordance with Vail Town Code Sections 12-23-6 and 12-24-6 the fee in lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council. ATTACHMENTS: Description Staff Memo Resolution No. 22 June 7, 2016 - Page 12 of 163 rowN ofvain Memorandum To: Vail Town Council From: Community Development Department Date: June 7, 2016 Subject: Resolution No. 22, Series of 2016 — Establishing annual fee in lieu amounts I. INTRODUCTION At a joint Town Council and Vail Local Housing Authority (VLHA) work session on May 17, 2016, the VLHA was asked to develop recommendations for changes to the fee in lieu policy. In the interim until that task is completed, Town Council directed staff to calculate the 2016 fee in lieu using the current formula approved in 2007. In accordance with Vail Town Code Sections 12-23-6 and 12-24-6 the fee in lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council. The employee housing fee in lieu amount reflects the gap between a two -person household earning 120% of the Area Median Income ("AMI") and the median cost per unit plus an administrative fee of $3,000 per employee or $3.65 per square foot. II. 2016 FEE IN LIEU CALCULATION The formula for commercial linkage is: Affordability Gap ($130,505) / 1.5 (average employees per unit) _ Gap per Employee ($87,033) + the two previous years ($112,633 and $58,050) / three + administrative fee ($3,000 per employee) _ $88,905 and rounded to the nearest whole dollar The formula for inclusionary zoning is: Affordability Gap ($130,505) / 825 (average square feet of units) _ Gap per Square Foot ($158.00) + the two previous years ($205.00 and $106.00) / three + administrative fee ($3.65 per square foot) _ $159.65 III. ACTION REQUESTED OF TOWN COUNCIL Approve, approve with modifications or deny Resolution No. 22, Series of 2016 as presented. June 7, 2016 - Page 13 of 163 IV. STAFF RECOMMENDATION Staff recommends the Vail Town Council approve Resolution No. 22, Series of 2016 as presented. V. ATTACHMENT Resolution No. 22, Series of 2016 Town of Vail Page 2 June 7, 2016 - Page 14 of 163 RESOLUTION NO. 22 Series of 2016 A RESOLUTION ESTABLISHING THE 2016 PAYMENT OF FEES IN LIEU FOR EACH EMPLOYEE TO BE HOUSED, AS REQUIRED BY CHAPTER 12-23, COMMERCIAL LINKAGE, AND FOR EACH SQUARE FOOT, AS REQUIRED BY CHAPTER 12-24, INCLUSIONARY ZONING, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on April 3, 2007 the Vail Town Council adopted of Ordinance Nos. 7 & 8, Series of 2007 establishing Commercial Linkage and Inclusionary Zoning requirements in the Town of Vail; and WHEREAS, pursuant to Sections 12-23-6 and 12-24-6, Methods of Mitigation, payment of fees in lieu is one of five methods by which the mitigation of employee housing required may be accomplished; and WHEREAS, in accordance with Sections 12-23-6 and 12-24-6, the fees in lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council; and WHEREAS, the Vail Town Council has determined that the proposed fee in lieu amounts accurately reflect the affordability gap between a two person household earning 120% of the 2016 Area Median Income (AMI) and the 2016 Median Cost per Unit; WHEREAS, the Vail Town Council has determined the proposed fee in lieu amount should be calculated and then averaged with the two (2) previous years to more accurately reflect market conditions; and WHEREAS, the Vail Town Council finds that this Resolution furthers the development objectives of the Town and is in the best interest of the Town as it promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances the availability of employee housing within the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Establishment of Fees in Lieu a. The fees in lieu for each employee to be housed or for each square foot of employee housing provided in accordance with Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development , legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the Resolution No. 22, Series of 2016 6/07/2016 Page 1 of 3 June 7, 2016 - Page 15 of 163 P01Ir:] employee to be housed or for each square foot of employee housing provided in that year; b. An administrative fee of $3,000/per employee or $3.65 per square foot shall be added to the amount set forth in paragraph a hereof. C. Fees in lieu shall be calculated each year and that amount shall be averaged with the previous two (2) years calculated fees in lieu to establish the new annual fees in lieu. d. Fees in lieu shall be due and payable prior to the issuance of a building permit for the development. e. The Town shall only use monies collected from fees in lieu to provide new employee housing. The calculation formula for fee in lieu has been attached for reference (Exhibit A). 2. 2016 Payment of Fees in Lieu Amounts a. Fee in lieu per employee (commercial linkage) _ $88,905 b. Fee in lieu per square foot (inclusionary zoning) _ $159.65 3. Effective Date of the Resolution This Resolution shall be effective immediately upon adoption. INTRODUCED, READ , APPROVED AND ADOPTED this 7th day of June, ATTEST: Patty McKenny, Town Clerk Dave Chapin, Mayor, Town of Vail Resolution No. 22, Series of 2016 6/07/2016 Page 2 of 3 June 7, 2016 - Page 16 of 163 Exhibit A 2016 Fee in Lieu Calculation Formula 120% Area Median Income (2 -person household)* $84,960 Affordable Monthly Housing Payment $ 2,124 Property Taxes/Insurance/HOA (20% of Housing Payment) $ 425 Mortgage Payment $ 1,699 Maximum Mortgage Amount $294,500 Affordable Purchase Price $310,000 Average Square Feet of Units 825 2013 Median Price per Square Foot (all units)** $ 534 Cost per Unit $440,550 Affordability Gap/Payment per Unit in Lieu $130,550 ***Assumes 5% down, 5.5% interest for 30 years. Gap per Employee (1.5 employees/household on average) $ 87,033 2015 Gap per Employee (not averaged) $112,633 2014 Gap per Employee (not averaged) $ 58,050 Administrative Fee per Employee $ 3,000 Fee per Square Foot per Employee $158.00 2013 Fee per Square Foot per Employee (not averaged) $205.00 2012 Fee per Square Foot per Employee (not averaged) $106.00 Administrative Fee per Square Foot per Employee $ 3.65 Fee in Lieu per Employee Fee in Lieu per Square Foot (Note -these figures to be established annuallyby the Vail Town Council) * As published by the US Department of Housing and Urban Development ** Calculated using 2016 Eagle County Assessor's Data Base data *** Rounded to the nearest dollar $88,905*** $159.65 Resolution No. 22, Series of 2016 6/07/2016 Page 3 of 3 June 7, 2016 - Page 17 of 163 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 23, Series of 2016, A Resolution of the Vail Town Council Establishing Fees for Permits and for Fire Protection Services Outside of the Town's Boundaries BACKGROUND: Resolution No. 23, Series of 2016, amends the current fee structure for fire department response to properties outside the municipal limits of the Town of Vail. These changes are based upon Town Council direction. ATTACHMENTS: Description Staff Memo Re Resolution No. 23, Series of 2016 Resolution No. 23 Series of 2016 June 7, 2016 - Page 18 of 163 0 rowN of vain Memorandum To: Town Council From: Mark Novak, Fire Chief Date: June 7, 2016 Subject: Resolution No. 23 Series of 2016 Background At the April 20, 2016 Town Council meeting, Council directed staff to modify the current fee structure for fire department response to properties outside the municipal limits of the Town of Vail to be consistent with the rates for response specified by the Colorado Rate Resource Form for Vail Fire and Emergency Services on file with the Colorado Department of Public Safety, Division of Fire Prevention and Control. Council also directed staff that the current fee structure for fire services contracts should remain at the current 5.0265 mill levy equivalent. II. Current Situation Periodically, Council has established rates for various fire department services including fire protection system permits, requests for fire records, fire protection service contracts and response to properties outside the municipal limits of the Town of Vail. These rates were last modified by Resolution No. 14 and Resolution No. 16, Series of 2009. In the 2009 resolutions, rates for permits and response within the Town of Vail were adopted in a separate resolution from rates for response provided outside the Town of Vail. Resolution 23, Series of 2016 addresses rates for service within the Town of Vail and outside Town boundaries in one resolution. The fees established by Resolution No. 23, Series of 2016 are found in attachment A of the Resolution. A summary is provided below. A. Fire protection system plan review and permitting, special permits, special inspections: These fees are in addition to building permit fees. A separate fee for this type of permitting is charged due to the time and technical expertise required to review fire protection system plans. The authority for this review and permitting fee is established with the adoption of the International Fire Code. Based upon a staff analysis of time and personnel costs, these fees are unchanged from 2009. The rate charged for standby personnel has been changed to be consistent with Colorado Rate Reimbursement Form. A fixed rate for standby personnel is not June 7, 2016 - Page 19 of 163 applied as the actual personnel costs can vary based upon the employee(s) assigned to this duty. B. Fire reports: Previously the fire department had established its own fee schedule for records request. The fee schedule has been changed to reference the Town of Vail fee schedule. This will provide greater consistency for persons requesting records. C. Fire Protection Service Contracts: As per Council direction at the April 20, 2016 Town Council meeting, the fee for a Fire Service Contract will remain the equivalent of 5.0265 mill. D. Service to properties outside the Town's boundaries: Changed per Council direction to be consistent with Colorado Rate Resource Form. This section also clarifies that under specific circumstances a party may be billed for a response within the Town of Vail. This provision has historically been used for incidents such as hazardous materials incidents which require the commitment of employees and equipment for long periods of time and/or require specialized equipment and/or result in costs associated with clean up of a spilled material. III. Staff Recommendation Approve Resolution No. 23, Series of 2016 Town of Vail Page 2 June 7, 2016 - Page 20 of 163 RESOLUTION NO. 23 SERIES OF 2016 A RESOLUTION OF THE VAIL TOWN COUNCIL ESTABLISHING FEES FOR PERMITS AND FOR FIRE PROTECTION SERVICES OUTSIDE OF THE TOWN'S BOUNDARIES WHEREAS, Section 113 of the 2015 International Fire Code, duly adopted by the Town, provides that a fee be paid for each permit in accordance with a fee schedule established by the Town Council; WHEREAS, the Vail Fire Department responds to requests for fire protection services out of the Town's boundaries; WHEREAS, the fees for the provision of fire protection services outside the Town limits should be established to reflect the costs of such services; WHEREAS, the Town also desires to establish fees for fire protection service contracts with the Town; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting the fees set forth in this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves and authorizes the Vail Fire Department to collect the fees for permits and fire protection services outside the Town's boundaries as set forth in the fee schedule attached hereto as Exhibit A. Section 2. The Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED this day of June, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 1 5/29/2016 M: IADMINISTRATIONIOUT OF DISTRICT BILLING12016 OUT OF DISTRICT CHANGESIFIRE PROTECTION FEES- R052616.DOC June 7, 2016 - Page 21 of 163 EXHIBIT A FEE SCHEDULE FOR PERMITS AND FIRE PROTECTION SERVICES Permits a. Fire Alarm Permits — Minimum fee: $288.00, % Valuation: 3.75% b. Fire Sprinkler Permits — Minimum fee: $432.00, % Valuation: 4.25% C. Scope of Work Permits — Minimum fee: $144.00, plus $72.00 per hour for inspections, revisions and similar services. d. Re -inspection and Pan Review — $72.00 per hour. e. Operational Permits, Special Events Permits and Construction Permits, other than those required for Fire Alarm and Fire Sprinkler systems - $72.00/hour. f. Standby fire personnel will be billed at actual cost as per the terms of the Colorado Rate Reimbursement Form for Vail Fire and Emergency Services on file with the Colorado Division of Fire Prevention and Control, Department of Public Safety, on the date service is provided. II. Fire Reports Copies of reports and any time spent retrieving information upon request shall be governed by the Town's Open Records Policy. III. Fire Protection Service Contracts Fees for each fire protection service contract will be equivalent to 5.0265 mills of the most recent assessed valuation of the property subject to the contract, as determined by the Eagle County Assessor at the time of execution of the contract. IV. Service to Properties Outside the Town's Boundaries (without a Fire Protection Service Contract); or Service Within Town where the Recovery of Costs is Permitted by Statute Fees for fire protection services to locations outside of the Town's boundaries and for services within Town whereby state statute permits the recovery of costs shall be billed at an hourly rate (with a one hour minimum and then to the nearest 15 -minute increment). The hourly rate will be as specified in the Colorado Resource Rate Form for Vail Fire and Emergency Services on file with the Colorado Division of Fire Prevention and Control, Department of Public Safety, on the date service is provided. Expended consumable materials and damaged equipment will be billed at their actual cost. 2 5/29/2016 M: IADMINISTRATIONIOUT OF DISTRICT BILLING12016 OUT OF DISTRICT CHANGESIFIRE PROTECTION FEES- R052616.DOC June 7, 2016 - Page 22 of 163 These fees shall not apply to a response by the Fire Department as the result of an automatic or mutual aid agreement with the U.S. Forest Service or the State of Colorado. 3 5/29/2016 M: IADMINISTRATIONIOUT OF DISTRICT BILLING12016 OUT OF DISTRICT CHANGESIFIRE PROTECTION FEES- R052616.DOC June 7, 2016 - Page 23 of 163 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Release of a deed restriction from an existing employee housing unit located at Lot A, of SDD#34 also known as 1631 Buffehr Creek Road BACKGROUND: A request for the release of a deed restriction from existing employee housing unit located at Lot A, of SDD#34 also known as 1631 Buffehr Creek Road in exchange for a fee in lieu payment for 837 square feet pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. ATTACHMENTS: Description Staff Memo Staff memo to VLHA June 7, 2016 - Page 24 of 163 0 rowN of vain Memorandum To: Vail Town Council From: Community Development Department Date: June 7, 2016 Subject: 12-13-5: Employee Housing Unit Exchange Program — A request authorizing the Town Manager to execute a release of a deed restriction from an existing employee housing unit located at Lot A, of SDD#34 also known as 1631 Buffehr Creek Road I. HOUSING AUTHORITY RECOMMENDATION The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the proposed exchange of an employee housing unit located at Lot A, of SDD#34 also known as 1631 Buffehr Creek Road in exchange for a fee in lieu payment for 1674 square feet. The current fee in lieu amount is $134.65 per square foot. Based on that, the fee in lieu due is $225,404.10. The Vail Local Housing Authority recommends the following motion be made: "The Vail Town Council authorizes the Town Manager to execute a deed restriction release and approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Lot A, of SDD#34 also known as 1631 Buffehr Creek Road, in exchange for a fee in lieu payment for 1674 square feet, and setting forth details in regard thereto." III. ATTACHMENT A. Staff Memorandum dated May 31, 2016. June 7, 2016 - Page 25 of 163 TOWN OF Memorandum TO: Vail Local Housing Authority FROM: Community Development Department DATE: May 31, 2016 SUBJECT: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Lot A, of SDD#34 also known as 1631 Buffehr Creek Road in exchange for a fee in lieu payment for 837 square feet pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicants: Jim and Cookie Flaum DESCRIPTION OF REQUEST The applicants, Jim and Cookie Flaum, are proposing to exchange a deed restriction from an existing 837 square foot employee housing unit located at 1631 Buffehr Creek Road for a fee in lieu payment for 1,674 square feet. The Employee Housing Unit Deed Restriction Exchange Program requires 1631 Buffehr Creek Road to use a square foot multiplier of two pursuant to 12-13-5D, General Requirements, Vail Town Code. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; and The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in Section 12-23-3 of this title; and The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. Town of Vail June 7, 2016 - Page 26 of 163 3. The effect of any homeowners' association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 4. The correlation between any homeowners' association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners' association; and The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the Town; and The proposed fee in lieu payment for the exchange will be for double the square feet of the existing deed restricted employee housing. Therefore, the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed exchange will not change the existing harmonious, convenient, workable relationship among land uses consistent with municipal objectives. 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Staff believes the proposed exchange complies with the applicable requirements of the Town's zoning regulations and is therefore consistent with this criterion. IV. RECOMMENDATION The Community Development Department recommends the Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the proposed employee housing unit deed restriction exchange based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Town of Vail Page 2 June 7, 2016 - Page 27 of 163 Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority pass the following motion: "The Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the release of a deed restriction from an existing 837 square foot employee housing unit located at Lot A, SDD#34 also known as 1631 Buffehr Creek Road in exchange for a fee in lieu payment for 1,674 square feet, pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code and setting forth details in regard thereto. " Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority make the following findings: "Based upon the review of the criteria outlined in Section 11 of the May 31, 2016, staff memorandum and the evidence and testimony presented the Vail Local Housing Authority finds: 1. The application meets the general requirements of subsection D of Section 12- 13-5, Vail Town Code; 2. The application is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; 3. The application furthers the general and specific purposes of the zoning regulations, Section 12-1-2, Vail Town Code and the employee housing regulations of Section 12-13-1, Vail Town Code; and, 4. The application promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " ar_[91:IM14LI III I A. Applicant's Request Town of Vail Page 3 June 7, 2016 - Page 28 of 163 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: KAABOO Festival Staff Update. PRESENTER(S): Town Staff BACKGROUND: VVF and KAABOO representatives presented information about their proposal to bring "KAABOO — a music experience" to Vail at the April 5 and May 17 town council meetings. On May 22nd they announced a change to the venue to exclude the Ford Park lower bench area amid concerns from Betty Ford Alpine Gardens and TOV. They also held two public meetings on May 26th for the community at large ATTACHMENTS: Description KAABOO Festival Staff Memorandum 060716 June 7, 2016 - Page 29 of 163 TOWN OF Memorandum To: Town Council From: Stan Zemler, Town Manager Mike Ortiz, Vail Recreation District Kelli McDonald, Economic Development Manager Kathleen Halloran, Finance Director Patty McKenny, Town Clerk Matt Mire, Town Attorney Date: June 7, 2016 Subject: Follow up Discussion "KAABOO Music Experience" Event I. PURPOSE The purpose of this discussion is to provide more information and topics for consideration regarding the proposal / request to host a three-day music experience and ancillary events in Ford Park August 2017. Mike Imhoff, VVF, and Brian Gordon, KAABOO have requested final approval on the project at the July 19 Council meeting. Staff will make best efforts to achieve that timeframe, but with many event details and impacts yet to be recognized are skeptical that a contract could be drafted, reviewed and approved in such a short timeframe. The below information is a preliminary gathering of economic benefit, as well as estimated impacts to the community, the town and VRD. II. BACKGROUND VVF and KAABOO representatives presented information about their proposal to bring "KAABOO — a music experience" to Vail at the April 5 and May 17 town council meetings. On May 22nd they announced a change to the venue to exclude the Ford Park lower bench area amid concerns from Betty Ford Alpine Gardens and TOV. They also held two public meetings on May 26'" for the community at large. Prior to the venue change announcement, TOV Event Review Committee staff met with VVF and KAABOO to review a preliminary site plan of Ford Park and the proposed production schedule. The event is proposed to take place August 17-20, 2017 with a request to use portions of Ford Park and Golden Peak, including the soccer complex, for a three-day music experience and related activities, including access to high end art, fine dining, comedy, and premium spirits, craft breweries, VIP viewing and hospitality June 7, 2016 - Page 30 of 163 and boutique wines all amongst access to live music offerings. The audience targeted includes an older, discerning, and affluent demographic that gets catered to throughout the weekend event. The KAABOO enterprise is owned by the Madison Companies, a private investment firm who in their own words "focuses on markets which exhibit demonstrable future demand, compelling demographic fundamentals and identifiable barriers to entry, as it aims to build or acquire investments at discounts to underlying market values in select geographic regions of the U.S." Their investment focus is currently commercial real estate, fine art storage and services, and live -music entertainment experiences. III. EVENT BUSINESS POINTS AND IMPACTS There are currently many unanswered questions about the production and implementation of the event. Some of the initial concerns compiled by various VRD and TOV staff have been identified below: Town of Vail Process The Town of Vail has a thorough process for permitting required by all event promoters using public right of way or town amenities. A detailed list is included as an attachment and requires details for categories such as comprehensive site diagram, site map and description of event site, canopies and tents plan, parking plan, sponsor activation, green events checklist, waste management plan, business licenses, amplified sound and entertainment plan, security and emergency services plan, insurance requirements, etc. It is recommended that VVF use this permit process as a tool to provide additional detail to Council. TOV is not granting a permit at this time. An economic benefit analysis from VVF/KAABOO is also necessary for Council in weighing the costs and benefits of hosting this event. Impacts from Production Schedule The proposed production "load -in" timeframe is from August 10 through August 17 and proposed load out schedule is from August 20 through August 28, a production and implementation window of three weeks. More time may be necessary for repairs to assets and field recovery. While the complete length of time the event might impact is still in question, any event of such duration will impact the Ford Park users and the surrounding neighborhoods. VRD has identified other Ford Park events that might be compromised because of such a large scale production for such a long period of time. Please see the event calendar attachment, which lists TOV-sponsored events and VRD events. Local sporting groups such as the Youth Soccer, tennis clubs, volleyball teams and adult softball leagues would be displaced for several weeks (these items are listed in red on the calendar). The Vail community risks losing those groups to down -valley locations permanently if the fields are unavailable for an extended period of time. Nature Center programming would also be impacted for approximately 7 days. The impact of this displacement will affect the VRD's business and will be a major consideration of the VRD Board when making a decision about this event. The VRD will also need to establish a contingency Town of Vail Page 2 June 7, 2016 - Page 31 of 163 plan to displace sporting groups longer than expected should repairs or recovery be necessary. Based on the production schedule, the following amenities would be unavailable for public use: Nature Center: (7 days) Tennis Courts: Courts #1-2 (14 days); Courts #3-4 (5 days); Courts #5-8 (7 days) Volleyball Courts: 10 days Rugby Field: 10 days Ford Park Fields: West field (7 days); Middle field (7 days); East field (14 days)* *The number of days does not include time the fields may need to recover from the event prior to public use. Per the VRD turf expert, another 7 days may be added to this timeframe for the field only. Impacts from Event Attendance Due to the lack of detailed information, there is uncertainty regarding impacts from the "scale" of the event. The current proposal includes three days of live music and multiple other activities mainly located in one venue, Ford Park, with estimated attendance to reach from 14K and ultimately reach 30K attendees over the course of several years. Not only will there be "musical noise impacts" from the venue but there will be noise in general from the thousands of people who will attend the show. Event Impacts on Parking/Transportation Vail parking staff documented 12,877 cars in the structures during the third weekend of August, 2015 (Friday, Saturday & Sunday). The parking structures have a maximum capacity of 2,430 spaces and the cars typically "turn over" 2 to 3 times per day (guests coming in and out of the structure). Using those assumptions, staff estimates that the structures had a range of 520 — 720 available spaces during that weekend. The frontage road has a capacity of approximately 350 spaces. With nearly 14,000 attendees projected for year one of the event, the VVF has estimated a total of 4,300 cars (2,700 destination guests and 1,600 locals). Of those, they assume the destination guests will utilize parking spots provided by Vail lodges (total parking inventory at the lodges is estimated at 3,000; with typical lodging occupancy of 65% and assuming 2/3 of summer guests use onsite parking, leaves approximately 1700 parking spaces available for KAABOO guests). For the 4,300 cars projected by VVF, 1,700 may be housed by the lodging community leaving 2,600 needing a parking space. The TOV may be able to provide a range of 520 - 720 in the structures plus another 350 on the frontage roads. This still leaves a shortfall in spaces of 1,530 — 1,730. Ford Park and Soccer Lot has capacity for 250 spaces. If those lots are requested for event for equipment staging and operations setup, there will be impacts to public access to the park, Betty Ford Alpine Gardens and the Nature Center. Consideration would also have to be given to the schedules for Hot Summer Nights and the International Dance Festival. Town of Vail Page 3 June 7, 2016 - Page 32 of 163 Another parking challenge to consider is the second phase of the Vail Valley Medical Center project will be underway and the VVMC parking garage may be closed during this timeframe. Currently, the town is experiencing high volume in the Lionshead parking structure, even during off-season, made up of construction contractors (Strata and VVMC projects), hospital employees and hospital customers. To handle the shortfall of parking spaces, the VVF and KAABOO propose implementing a Traffic Management Plan (no details on this as yet) which would include park & ride locations outside of Vail and robust bus service into Vail. Separately, normal TOV transit services may be impacted from the volume of cars and people, creating navigation challenges for town buses. Event Impacts on Town Assets In addition, there are concerns about the impacts that could result with building stages on the fields and the number of people using town assets at one time. The promoters are proposing a total of three stages including the Gerald R. Ford Amphitheater, the Ford Park fields and the soccer field. The tennis courts would be used for art, food and spa activities. The comedy tent structure would be located at Golden Peak. The volume of event -goers may increase the rate of wear and tear on the town's infrastructure and assets. Staging and field covering materials, should there be adverse weather during the event, could be an issue and may cause damage to the fields. While the field covering is designed to protect the fields under most conditions, weather before, during and after the event can have impact on turf conditions. Damage will cause regularly -scheduled programming to be delayed due to field renovation. In a worst-case scenario, there is such damage to the fields that they cannot be repaired before fall temperatures make the rooting of new turf impossible. This could impact events in the following year, if additional time is needed to get turf ready in the spring. Economic Impacts • The Town of Vail requires a projected ROI from all event promoters and Council could consider asking for a detailed economic impact projection from VVF/KAABOO. Lodging occupancy that week of August has averaged 47% (Wed), 55% (Thurs), 67% (Fri), 66% (Sat) and 34% (Sun) over the last five years. • Could signal a long lasting shift in event strategy for the town to larger events • Changes the business model for the VRD with less time available on recreational amenities for sport recreation. • Transportation issues such as parking, transit and congestion may discourage our regular August guests and locals from coming into Vail Town of Vail Page 4 June 7, 2016 - Page 33 of 163 Vail Brand Does this event as proposed align with the Vail Brand as defined by the Vail Local Marketing District in the summer 2016 campaign platform? "There's only one place in the world that has been meticulously built and sculpted to offer you the best vacation in the world. Whether your path leads you through a wilderness wonderland or along the crafted cobblestones of the Village, Vail is a world apart. It awaits, but the first step is up to you. Step in. " Vail. Like Nothing on Earth. Does this event align with the CSE's goal of "delivering a diverse calendar of events in the Town of Vail that promote economic vitality and community enrichment"? Would this event score well on the CSE scorecard if it were subject to the same evaluation process as other events? Would this represent a directional shift in the Town of Vail events strategy? IV. SUGGESTED CONSIDERATIONS The staff is concerned about the aggressive schedule proposed by VVF, specifically noting a potential request for final actions on contracts with VRD and TOV as well as their request for TOV of Vail funding, all proposed to happen within less than 45 days. It is the staff's opinion the Council should not proceed until: 1. TOV receives a fully -prepared permit application from KAABOO/VVF. The town would not approve a permit at this time, but the permit application is necessary to understand the many details, impacts and remedies of the event. 2. TOV and VRD conduct a thorough analysis on the proposed use of the turf at Ford Park and the soccer field from appropriate experts. *VRD and TOV staff scheduled a consultation with Tony Schuster, Director of PGA Tour Golf Tournament Operations on June 3rd, and will report back with his recommendations and information regarding the necessary time window for turf to recover from the event prior to use. 3. Town Council and VRD hold a public meeting July 14 when residents have returned. Otherwise we face criticism that decisions were made when people were out of town during the off-season. Also, stakeholders, such as the Ford Park daily users and BFAG staff, deserve an opportunity to participate in a community discussion. 4. If the VVF requests funding from the TOV during the 2017 budget process, the budget adoption does not occur until November of 2016. This clearly is out -of - sync with the schedule they are proposing and may put the council in an inappropriate position when considering the budget. Attachments: Town of Vail Aug—Sept-Oct 2016 Event Calendar Town of Vail Special Event Permit Application Outline and Overview Town of Vail Page 5 June 7, 2016 - Page 34 of 163 Town of Vail Special Event Permit Application: Outline and Overview Step 1: Contact Information and Detailed Event Description Event Location Details- including signed uses agreements if proposed site is not owned or managed by the Town of Vail Estimated Attendance Event Time and Date Information: 1. Detailed Operations Schedule: includes set-up and tear down information 2. Detailed Schedule and description for public information Step 2: Detailed Site Diagram, Site Map and Description of the Event Site: drawn to scale and includes all pertinent event details including tents, canopies, barricades, fencing, signage, vehicle display sites, generators, entrances, and exits. Larger events may require multiple maps detailing event support vehicle parking, security placement, emergency access, pedestrian egress, police, fire and ambulance parking. Step 3: Canopies and Tent Permit: tents larger than 10x12 will require a temporary tent permit. Attach diagram showing location(s), interior layout and dimensions, exits, electricity, gas, heating, lighting and the fuel storage site Step 4: Parking Plan (both for attendees and event infrastructure), Bus Route Impacts and/or Re-routes and Requested Street Closures Step 5: List of any additional Town of Vail services requests. Examples include: electrical power, water, increased bus service, traffic control, trash containment and/or removal, security patrols, directional and/or traffic signage, variable message signs, etc. Rental fees may apply. Step 6: Event sponsor activation and display vehicles request Step 7: Green Events Checklist including name of person responsible for overseeing green event practices, training of staff and volunteers in sustainable practices: recycling, composting, reuse, waste and energy reduction. Step 8: Waste Management Plan: Trash disposal, Containers and Waste Removal. Compliance with the Wildlife Protection Ordinance is required. All events are required to have a plan for the removal of waste and garbage during and after the event as well as a plan to accommodate recyclable materials, as well as how waste receptacles will me maintained and monitored during the event. Each refuse disposal location must include separate and adjacent receptacles for general refuse and for recyclable goods. Please explain below a DETAILED Storage Container and Trash Removal Plan that includes an explanation of how you intend to separate and remove recyclable goods (i.e. aluminum cans and plastic). Larger events please attach a detailed trash removal and recycling plan, port -o -lets delivery, locations, service and pick-up plan. Zero Hero event program is required for events expecting more than 2500 attendees. Step 9: Business Licensees, Out of Town Merchandise and Food Vendors, Exhibitors and Product Sampling, and Non - Profit Vendors. A $75.00 non-refundable fee must accompany each out of town vendor applying for a Special Event Sales Tax License. All permitted vendors will be issued a certificate indicating that their participation has been approved by the Town of Vail Sales Tax Administrator. Town of Vail Business Licensees need not apply for a Temporary Business License/Special Event Sales Tax License; however they must be listed on the Special Event Permit Application submitted by the event organizer. Steps 10 and 11: Amplified Sound Permit and Entertainment Plan. A complete event entertainment plan/schedule is required and must include location(s), set-up time, sound check time, description of the type of entertainment, names of entertainers and time of event. If your event will have amplified sound neighboring merchants and homeowners must be notified and proof of notification is required. Page 1 of 3 June 7, 2016 - Page 35 of 163 Step 12: Security and Emergency Services Plan Provision of a detailed explanation of your security plan to include: • The number of security personnel employed, showing their placement on your site plan. • Medical information and stand-by ambulance may be required. • If alcohol is served an explanation of the type of ID system you are using (bands, stamps, etc.), hours of alcohol service, hours of set up & tear down. Barricade or perimeter fencing diagram. Give a complete list of the number of servers of alcohol, ID checkers, and indicate whether the servers are TIPS trained. (or have other alcohol server training certification) If an optional premise license is being used for this event, please include a map of premises, management plan and a signed authorization from the liquor license holder. A minimum of two police offers will be required for the duration of the service period. A State of Colorado Special Event Permit (Liquor license) must be authorized by the Local Licensing Authority. A hearing should be scheduled a 30-60 days in advance of the event. Step 13: Additional Police Services Information and Agreement Step 14: Town of Vail Local Licensing Authority Administrator Information and Colorado Alcohol Information Step 15: Special Event Barricade Rental Agreement Step 16: Drones, Balloons and Inflatables Information and Permit Application Step 17: Parade Permit: Provide a detailed map and description of staging and route plan, estimated numbers of attendees and proposed safety controls. Step 18: Banners and Signage: Directional, Display (both within venue and for roundabout and reservations of the Vail Village and Lionshead sites) and Banner Signs Step 19: Insurance Requirements (in the minimum about of $2,000,000 and listing the Town of Vail as "additional insured") Indemnification and Signature for Submittal Step 20: Additional uploads, if needed. Application Summary Page: Provides electronic means of communication between the Town of Vail departments' designated event review staff and the event permit applicant, as part of the approval process. Provides applicant's contact information, direct access to all uploaded documents and permit fees payment verification and permit approval status. Town of Vail Departments represented at the Event Review Committee's (ERC) weekly meetings: • Fire Department • Police • Public Works • Parking and Transit • Environmental Health • Sales Tax • Office of the Town Clerk • Economic Development List of Permit Fees attached. Page 2 of 3 June 7, 2016 - Page 36 of 163 Fee Schedule: Town of Vail Special Event Permits and Licenses Unless otherwise noted, checks are payable to "Town of Vail." Payment by Cash, Credit Card (MC or Visa) is acceptable. Please call the Special Events Coordinator at 970 477-3551 to submit you information. Name of Event: Date(s): Please check the boxes adjacent to the fees that have been included with your application: ❑ Special Event Permit Application Fee: $50 The following additional fees may or may not be applicable to your event application: ❑Temporary Business License/Special Event Sales Tax License: $75 for each vendor that does not hold a current Town of Vail Business License # of additional vendors: Total amount due: ❑Amplified Sound Permit: $50 ❑Temporary Tent Permit and Site Inspections: $100/per site inspection. # of inspections required: Total amount due: ❑Barricade Rental: $200 plus 8.4% sales tax for a total of $216.80 for first 40 barricades, additional $100 plus 8.4% sales tax for each additional 40 barricades. Price is per delivery/pickup. # of delivery/pickups: # of barricades requested: Total amount due: Banner Displays: ❑ Vail Village and Lionshead: $50 per installation: # of installations: Total amount due: ❑ Roundabouts: $500 per roundabout per installation: # of installations: Total amount due: Alcohol Permit and Colorado State Liquor License Fees* (Colorado non -profits only): ❑$25ep r day: Check payable to State of Colorado # of days: 0$100 per application: Check payable to Town of Vail # of days: * please confirm with the Vail Town Clerk that there have been no changes to the Liquor Licensing Fees. Total Fees Due: Amount Paid: Date: Page 3 of 3 June 7, 2016 - Page 37 of 163 Auaust2016 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 Vail Farmers' Market Junior Tennis Group VIDF: Dorrance Dance in Tennis Ladie's Day Vail Jazz: Joey Alexander VIDF: International Vail Family Fun Fest Lessons 10 a.m. - noon Concert 9 a.m. - noon Evenings of Dance I Colorado Cyclist Copper VIDF: BalletX: 2016 Junior Tennis Camps Junior Tennis Group Tennis - Club 50 Triangle Company -In -Residence 1 - 4 p.m. Tennis Senior Men's Lessons 10 a.m. - noon 9 - 11 a.m. USTA Bill Wright Clay Tennis Men's Doubles 5-7 Doubles 9 a.m. - noon Junior Tennis Camps Junior Tennis Group Court Championships p.m. Junior Tennis Group 1 - 4 p.m. Lessons 10 a.m. - noon VIDF: International Evenings of Lessons 10 a.m. - noon Junior Tennis Camps Dance 11 Adult Softball Junior Tennis Camps Adult Softball 1 - 4 p.m. 1 - 4 p.m. Adult Softball USTA Bill Wright Clay Court Championships 7 8 9 10 11 12 13 Vail Farmers' Market VIDF: NOW: Premieres VIDF: Dance for $20.16 Vail Kids Adventure Games Vail Kids Adventure Games Vail Kids Adventure Games Vail Family Fun Fest Farm to Table Dinner USTA Bill Wright Clay Tennis Senior Men's Tennis Ladie's Day VIDF: Paul Taylor Dance VIDF: Ballroom Vail Kids Adventure Games Court Championships Junior Tennis Group Doubles 9 a.m. - noon 9 a.m. - noon Company Spectacular Lessons 10 a.m. - noon Junior Tennis Group Junior Tennis Group VIDF: Dance TV Junior Tennis Camps Lessons 10 a.m. - noon Lessons 10 a.m. - noon Vail Jazz:Cecile McLorin Tennis Ladies Doubles 1 - 4 p.m. Junior Tennis Camps Junior Tennis Camps Salvant 9 - 11 a.m. Tennis Men's Doubles Tennis Men's Doubles 5-7 1 - 4 p.m. 1 - 4 p.m. Men's Doubles 10 a.m. - noon p.m. Tennis Club 50 1 - 3 p.m. Adult Softball 9 - 11 a.m. Junior Tennis Group Softball Fields Adult Softball Junior Tennis Group Lessons 10 a.m. - noon Lessons 10 a.m. - noon Junior Tennis Camps Junior Tennis Camps 1 - 4 p.m. 1 - 4 p.m. Softball Fields Adult Softball 14 15 16 17 18 19 20 Vail Farmers' Market Tennis Men's Doubles Hot Summer Nights Tennis Ladie's Day Vail Jazz: Maraca + his Tennis Ladies Doubles Vail Family Fun Fest 5-7 p.m. Concert Series 9 a.m. - noon Latin Jazz All -Stars 9 - 11 a.m. Vail Kids Adventure Games Junior Tennis Group Junior Tennis Group Men's Doubles Tennis Men's Doubles Lessons 10 a.m. - noon Tennis Senior Men's Lessons 10 a.m. - noon Tennis - Club 50 1 - 3 p.m. 10 a.m. - noon Tennis Mixed Doubles Junior Tennis Camps Doubles 9 a.m. - noon Junior Tennis Camps 9 - 11 a.m. Junior Tennis Group Tennis Private Lessons 9 a.m. - noon 1 - 4 p.m. Junior Tennis Group 1 - 4 p.m. Junior Tennis Group Lessons 10 a.m. - noon 33 hours for the week Tennis Private Lessons Tennis Private Lessons Lessons 10 a.m. - noon Tennis Private Lessons Lessons 10 a.m. - noon Junior Tennis Camps 33 hours for the week 33 hours for the week Junior Tennis Camps 33 hours for the week Junior Tennis Camps 1 - 4 p.m. Youth Soccer 1 - 4 p.m. 1 - 4 p.m. Tennis Private Lessons Sand Volleyball Tennis Private Lessons Sand Volleyball Tennis Private Lessons 33 hours for the week Sand Volleyball 33 hours for the week 33 hours for the week Youth Soccer Vail Nature Center Sand Volleyball Vail Nature Center Sand Volleyball Sand Volleyball Adult Softball Youth Soccer Vail Nature Center KAABOO Youth Soccer Vail Nature Center Adult Softball KAABOO Youth Soccer 21 22 23 24 25 26 27 Vail Farmers' Market Tennis Men's Doubles Hot Summer Nights Tennis Ladie's Day Vail Jazz: H2 Big Band Tennis Ladies Doubles Vail Family Fun Fest 5-7 p.m. Concert Series 9 a.m. - noon Tribute to Count Basie 9 - 11 a.m. KAABOO Tennis Private Lessons Tennis Private Lessons Men's Doubles Tennis Men's Doubles 32 hours for the week Tennis Senior Men's 32 hours for the week Tennis - Club 50 1 - 3 p.m. 10 a.m. - noon Tennis Mixed Doubles Doubles 9 a.m. - noon 9 - 11 a.m. Tennis Private Lessons Tennis Private Lessons 9 a.m. - noon Youth Soccer Tennis Private Lessons Youth Soccer Tennis Private Lessons 32 hours for the week 32 hours for the week Tennis Private Lessons 32 hours for the week 32 hours for the week 32 hours for the week Adult Softball Adult Softball Youth Soccer Youth Soccer Adult Softball Sand Volleyball Sand Volleyball Vail Nature Center Sand Volleyball Youth Soccer Vail Nature Center Vail Nature Center Adult Softball Vail Nature Center 28 29 30 31 1 2 3 Vail Farmers' Market Tennis Men's Doubles Tennis Senior Men's Tennis Ladie's Day 5-7 p.m. Doubles 9 a.m. - noon 9 a.m. - noon Tennis Mixed Doubles Tennis Private Lessons Tennis Private Lessons Tennis Private Lessons 9 a.m. - noon 26 hours for the week 26 hours for the week 26 hours for the week Tennis Private Lessons 26 hours for the week Youth Soccer Youth Soccer Youth Soccer Adult Softball Adult Softball June 7, 2016 - Page 38 of 163 September 2016 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 Vail Jazz: Vail Jazz All- Gourmet on Gore Vail Family Fun Fest Stars, Alumni Quintet + House Band Tennis Ladies Doubles Gourmet on Gore 9 - 11 a.m. Tennis - Club 50 Men's Doubles Tennis Men's Doubles 9 - 11 a.m. 1 -3 10 a.m. - noon Tennis Private Lessons Tennis Private Lessons Tennis Private Lessons 26 hours for the week 26 hours for the week 26 hours for the week Youth Soccer Youth Soccer Adult Softball 4 5 6 7 8 9 10 Vail Farmers' Market Labor Day Tennis Senior Men's Tennis Ladie's Day Tennis - Club 50 Vail Oktoberfest (LH) Vail Oktoberfest (LH) Gourmet on Gore Doubles 9 a.m. - noon 9 a.m. - noon 9 - 11 a.m. Gourmet on Gore Outlier Offroad Festival Outlier Offroad Festival Rotary Duck Race Youth Soccer Youth Soccer Youth Soccer Vail Jazz: Afternoon Vail Jazz: Afternoon Adult Softball Adult Softball Tennis Ladies Doubles Sonnenalp Casual Classic Session Session 9 - 11 a.m. Men's Doubles Tennis Men's Doubles Vail Jazz: Gospel Prayer Tennis Men's Doubles 1 - 3 p.m. 10 a.m. - noon Meetin' 5-7 p.m. Youth Soccer Tennis Mixed Doubles 9 a.m. - noon 11 12 13 14 9 - 11 a.m. 16 17 Vail Farmers' Market World Fly Fishing World Fly Fishing World Fly Fishing World Fly Fishing Vail Oktoberfest (VV) Vail Oktoberfest (VV) Vail Oktoberfest (LH) Championships Championships Championships Championships World Fly Fishing World Fly Fishing Outlier Offroad Festival Tennis Men's Doubles Tennis Senior Men's Tennis Ladie's Day Tennis - Club 50 Championships Championships Vail Automotive Classic 5-7 p.m. Doubles 9 a.m. - noon 9 a.m. - noon 9 - 11 a.m. Colorado Grand Colorado Grand World Fly Fishing Youth Soccer Youth Soccer Youth Soccer Youth Soccer Championships Adult Softball Adult Softball Adult Softball Tennis Ladies Doubles Tennis Men's Doubles 9 - 11 a.m. 10 a.m. - noon Tennis Mixed Doubles Men's Doubles 9 a.m. - noon 1 - 3 p.m. Youth Soccer 18 19 20 21 22 23 24 Vail Farmers' Market Tennis Men's 5-7 p.m. Tennis Senior Men's Tennis Ladie's Day Tennis - Club 50 Tennis Ladies Doubles Tennis Men's Doubles Doubles 9 a.m. - noon 9 a.m. - noon 9 - 11 a.m. 9 - 11 a.m. 10 a.m. - noon Vail Oktoberfest (VV) Youth Soccer Men's Doubles Youth Soccer Youth Soccer Youth Soccer 1 - 3 p.m. Youth Soccer World Fly Fishing Adult Softball Adult Softball Adult Softball Championships Tennis Mixed Doubles 9 a.m. - noon 25 26 27 28 29 30 1 Vail Farmers' Market Tennis Men's 5-7 p.m. Tennis Senior Men's Tennis Ladie's Day Tennis - Club 50 Vail/Beaver Creek Doubles 9 a.m. - noon 9 a.m. - noon 9 - 11 a.m. Restaurant Week Tennis Mixed Doubles Youth Soccer 9 a.m. - noon Adult Softball Youth Soccer Youth Soccer Youth Soccer Tennis Ladies Doubles Adult Softball Adult Softball 9 - 11 a.m. Men's Doubles 1 - 3 p.m. June 7, 2016 - Page 39 of 163 October 2016 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 25 27 30 1 Vail/Beaver Creek Vail/Beaver Creek Restaurant Restaurant Week Week Vail's Top Shelf Harvest Vail Valley Soccer Cu 2 3 4 5 6 7 8 Vail Farmers' Market Vail/Beaver Creek Vail/Beaver Creek Vail/Beaver Creek Vail/Beaver Creek Vail/Beaver Creek Vail/Beaver Creek Restaurant Restaurant Week Restaurant Week Restaurant Week Restaurant Week Restaurant Week Week Vail/Beaver Creek Restaurant Week Youth Soccer Youth Soccer Adult Softball Valley Tastings: Food For Youth Soccer Adult Softball Youth Vail Valley Soccer Cup Youth Soccer Adult Softball 9 10 11 12 13 14 15 Vail/Beaver Creek Columbus Day Youth Soccer Youth Soccer Youth Soccer Youth Soccer Restaurant Week Adult Softball Adult Softball Youth Soccer Adult Softball 16 17 18 19 20 21 22 Youth Soccer Youth Soccer Youth Soccer Global Solutions Forum Global Solutions Forum Global Solutions Forum Adult Softball Adult Softball Youth Soccer Ski Swap Ski Swap Adult Softball Youth Soccer 23 24 25 26 27 28 29 Global Solutions Forum Youth Soccer Youth Soccer Youth Soccer Youth Soccer Youth Soccer Ski Swap 30 31 1 2 3 4 5 Youth Soccer June 7, 2016 - Page 40 of 163 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: East Vail Water Quality Projects PRESENTER(S): Chad Salli, Project Engineer ACTION REQUESTED OF COUNCIL: Input and Direction BACKGROUND: The Town received a CDOT grant for water quality imrpovements at three sites in East Vail along 1-70, two at MM 182 and the largest one at the East Vail interchange at MM 180. The design team is kicking off the projects with public input and a review of the project goals and design direction. STAFF RECOMMENDATION: Provide staff with input and affirmation of the design direction ATTACHMENTS: Description 1-70 East Vail Landscape/Water Quality Project Update Memorandum June 7, 2016 - Page 41 of 163 0 rowN of vain Memorandum To: Vail Town Council From: Department of Public Works Date: June 7, 2016 Subject: 1-70 East Vail Landscape/Water Quality Project — Town Council Update I. Introduction The purpose of this discussion is to update the Town Council in regards to the landscape and water quality improvements project at the East Vail interchange. The Gore Creek Water Quality Improvement Plan identifies the need for water quality improvements in East Vail as a result of highway runoff from 1-70 and 1-70 Frontage Roads. The two largest priority improvements include water quality facilities at the 1-70 East Vail MM 180 interchange and along Gore Creek at 1-70 MM 182 near the Gore Creek campground overpass 11. Background In 2014 the Town received a Transportation Alternative Program grant from CDOT in the amount of $700,000.00, with a Town match of $440,000, for the construction of water quality improvements along I-70 at three locations; the East Vail interchange, underneath the 1-70 bridges near the Gore Creek trailhead and the lower runaway truck ramp. The Town has also budgeted $1.1 million for the design and construction of landscape improvements at the East Vail interchange to coincide with the water quality improvements. The main project goal is to protect and improve the water quality of Gore Creek from surface runoff originating from 1-70 and the 1-70 Frontage Roads in East Vail. These improvements supplement and enhance the on-going Vail Pass Sediment Control Action Plan, which is currently funded by the CDOT Regional Priorities Program. Another project goal is provide an aesthetically pleasing natural landscape plan to complement the water quality improvements. To date the Town has hired RESPEC as the design consultant. Information gathering and preliminary design has begun to meet a construction start date in 2017. A public open house was held tonight prior to the Town Council meeting to present the project to the public and receive feedback. The project Schedule includes additional future opportunity for the Town Council, Design Review Board and the public to weigh in on the design progress prior to selection of the preferred alternative and beginning the CDOT review process to meet a 2017 construction schedule. June 7, 2016 - Page 42 of 163 III. Design Discussion Staff and the design team have recently kicked -off this project and discussed the goals, design constraints, and process schedule of the project; Goals: • To protect and improve the water quality of Gore Creek from surface runoff originating from 1-70 and the 1-70 Frontage Roads in East Vail • To provide an aesthetically pleasing natural landscape plan to complement the water quality improvements Design Constraints: • All work is within Federal Highway / CDOT Right of Way and will be required to meet Federal and State standard, regulations, and process. This will significantly impact schedule and require an expedited conceptual design process • The project site is significantly impacted by snowplow maintenance operations and accommodations for these operation will need to be maintained, including; snow storage, sand and cinder usage and clean up • The project site is constrained by Gore Creek on the south and steep hillsides and retaining walls on the north which will limit water quality and landscape opportunities • The project site is an interstate interchange set in a beautiful natural landscape setting, the intent is to enhance both the water quality and the existing natural beauty Process and Schedule: • June 7, 2016 • July * • July 19, 2016* • July 20, 2016* • Aug. -Oct. 2016* • Nov. — Feb. 2017* • May -Nov. 2017* Public Open House & Town Council Update Conceptual Design Public Open House Town Council: Design Concept Review Design Review Board Preliminary Design Final Design Construction *All dates subject to change There are a range of options for improving the aesthetic qualities of the East Vail interchange. The 1989 Town of Vail Landscape Improvement Plan was the original guiding document for landscape treatments at the 1-70 interchanges and various other locations along the Frontage Road. In the early 1990's the East Vail interchange was the first of the Town's three 1-70 interchanges to undergo a landscape enhancement project with wild flowers and evergreen tree planting. While the majority of the trees planted have survived and are healthy, the aggressive road side revegetation grasses have pushed out most of the wildflowers. The current design concept is for a natural vegetation plan taking advantage of certain plant species for water quality with the use of vegetated swales, enhanced wetlands where feasible and a combination of settling basins and underground vaults to reduce the sediment load of storm water prior to entering the storm sewer system. The existing landscape is somewhat natural, with native grass and pockets of evergreens. There is a bus stop on the north side and the Town of Vail Page 2 June 7, 2016 - Page 43 of 163 south side is near the East Vail parking lot. In general, it has a rural aesthetic and could benefit from creating defined edges and established snow -storage areas as well as increased landscape plantings. Other options include the addition of walls, landscape boulders and/or improved signage identifying the entrance to East Vail. Both the Main Vail and West Vail interchanges provide a high-level aesthetic. These types of landscapes require significant resources to maintain their appearance. While this type of design is a possibility for East Vail, it is not within the existing scope and would require additional design/construction funding as well as increased staffing for maintenance. In addition, a high-level landscape would reduce the options available for water quality treatment as the treatment facilities would likely need to be placed underground which also increases construction and maintenance requirements. Staff is requesting general input from the public and from the Town Council as to the desired aesthetic for Vail's eastern -most entry. Comments will be used to develop several options to be presented at an upcoming Council meeting. A few images are attached which provide existing conditions, and comparisons between high-level manicured aesthetics versus the vegetated natural landscapes. IV. Other Improvements At the south-east corner of the interchange is an 18 -space parking lot used for accessing the town's Katsos bike path, the Vail Memorial Park, parking for fishermen and boaters, and by bikers who ride up Vail Pass. Because of the heavy use, and the nature of these outdoor activities, the lot could also benefit from the addition of a public restroom as well as several additional parking spaces. The nearest public restroom is Bighorn Park or the future Booth Creek Park. Options for a restroom could include a fixed shelter that encloses a portable toilet facility, a single room facility similar to the one approved for the Golden Peak Pickleball Courts, or a two -room facility. Parking expansion and a restroom are not currently within the existing project scope. If directed, staff can explore the options available and the associated costs. V. Town Council Request Staff is requesting the Town Council consider the information presented above, provide input and affirmation of the design direction. Town of Vail Page 3 June 7, 2016 - Page 44 of 163 io-.'? s t. East Vail looking east from Bighorn Rd Town of Vail Page 4 June 7, 2016 - Page 45 of 163 East Vail looking north from Bighorn Rd Town of Vail Page 5 June 7, 2016 - Page 46 of 163 Wi F Main Vail North Roundabout Main Vail South Roundabout Town of Vail Page 7 June 7, 2016 - Page 48 of 163 Town of Vail Page 9 June 7, 2016 - Page 50 of 163 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 9, Series of 2016, First Reading, An Ordinance Amending Chapter 4 of Title 7 of the Vail Town Code to Regulate Electric Assisted Bicycles and Allow Electric Assisted Bicycles on Bicycle and Pedestrian Paths in the Town PRESENTER(S): Gregg Barrie, Senior Landscape Architect and Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 9, Series of 2016 upon first reading BACKGROUND: The Vail Town Council directed staff to prepare an ordinance for a trial period for the remainder of 2016 to allow e -bikes on Town of Vail paths. ATTACHMENTS: Description Ordinance No. 9, Series of 2016 June 7, 2016 - Page 51 of 163 ORDINANCE NO. 9 SERIES 2016 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 7 OF THE VAIL TOWN CODE TO REGULATE ELECTRIC ASSISTED BICYCLES AND ALLOW ELECTRIC ASSISTED BICYCLES ON BICYCLE AND PEDESTRIAN PATHS IN THE TOWN WHEREAS, the Town encourages alternative transportation modes that are environmentally friendly and that reduce society's dependence on fossil fuels; WHEREAS, the Town desires to promote the use of electric assisted bicycles as an alternate mode of transportation and to encourage more people to complete trips by environmentally -friendly modes of transportation; WHEREAS, currently, the Vail Town Code does not permit electric assisted bicycles to be operated on bicycle and pedestrian paths; and WHEREAS, the Town Council desires to safely integrate electric assisted bicycles into the Town's bicycle and pedestrian path system and to ensure that the use of electric assisted bicycles as an alternate mode of transportation contemplated by this ordinance is safe, prudent, and in the best interest of all users. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 7-4-1 of the Vail Town Code is hereby amended to include the following new definition: ELECTRIC ASSISTED BICYCLE: A vehicle having two tandem wheels or two parallel wheels and one forward wheel, fully operable pedals, an electric motor not exceeding seven hundred fifty (750) watts of power rating, and a top motor -powered speed of twenty (20) miles per hour. Section 2. The definition of "motor vehicle" contained in Section 7-4-1 of the Vail Town Code is hereby amended to read as follows: MOTOR VEHICLE: Any self-propelled vehicle, other than an electric assisted bicvcle or electronic personal assistive mobility device (EPAMD), which is designed primarily for travel on the public streets and highways and which is generally and commonly used to transport persons and property over the public streets and highways. Section 3. Section 7-4-5 of the Vail Town Code is hereby renumbered as Section 7-4-6. Section 4. Former Section 7-4-5 of the Vail Town Code is hereby replaced with the following: 1 5/31/2016 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCI69B22954-79A0-4683-BCC9- 8201580B3FFMVAIL GOV. 7812. 1. ORDINANCENO._9_SERIES_OF2016. DOC June 7, 2016 - Page 52 of 163 7-4-5: ELECTRIC ASSISTED BICYCLES: A. Model Traffic Code: 1. Except as otherwise provided in this Section, the operation of electric assisted bicycles in the Town shall be exempt from the Model Traffic Code adopted by the Town as well as such other Town ordinances that regulate motorized vehicles in the Town. 2. For purposes of operation, parking, and equipment, electric assisted bicycles shall be considered bicycles and shall be subject to the provisions and regulations concerning bicycles contained in the Model Traffic Code adopted by the Town. B. Bicycle and Pedestrian Paths: A person may operate an electric assisted bicycle, with the motor activated, on any bicycle and pedestrian path in the Town, other than a bicycle and pedestrian path in any of the prohibited areas set forth below. C. Prohibited Areas: It is unlawful for a person to operate an electric assisted bicycle with the motor activated in or on the following: 1. Vail Nature Center; 2. Betty Ford Alpine Garden; 3. Village Streamwalk; 4. Children's playgrounds; 5. Turf areas; 6. Natural/unimproved areas; 7. Pedestrian areas of Vail Village and Lionshead Village; 8. Sidewalks that are not part of a designated bicycle and pedestrian path; or 9. Streets and highways that are parts of the state highway system. D. Minimum Age: An electric assisted bicycle shall only be operated by persons sixteen (16) years of age or older. E. Exception: The provisions of this Section limiting the use of electric assisted bicycles shall not apply to a person with a mobility impairment 2 5/31/2016 C: IPRO GRAM FILES (X86)WEEVIA. COMI DOCCONVERTERPROI TEMPI NVDCI69B22954-79A0-4683-BCC9- 8201580B3FF0WAIL GOV. 7812. 1. ORDINANCENO._9SERIES_OF 2016.DOC June 7, 2016 - Page 53 of 163 caused by physical disability that uses the device to enhance that person's mobility. F. Equipment: All electric assisted bicycles operated in the Town shall be equipped with audible warning devices. G. To allow for safe integration of electric assisted bicycles on bicycle and pedestrian paths, the Town Manager may prescribe, adopt, promulgate and enforce reasonable rules that restrict or otherwise limit the time, place or manner of operation or use of electric assisted bicycles; Section 5. Not later than 180 days after the effective date of this ordinance, Town staff shall provide a report to the Town Council that evaluates whether use of electric assisted bicycles on pedestrian paths is safe, prudent, and in the best interest of all users of the Town's bicycle and pedestrian path system, so that the Town Council may determine whether this ordinance should be repealed. Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance for any reason is held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares that it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of any one or more parts, sections, subsections, sentences, clauses or phrases declared invalid. Section 7. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town and the inhabitants thereof. Section 8. 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 9. 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. 3 5/31/2016 C: IPRO GRAM FILES (X86)WEEVIA. COMI DOCCONVERTERPROI TEMPI NVDCI69B22954-79A0-4683-BCC9- 8201580B3FFMVAIL GOV. 7812. 1. ORDINANCENO._9SERIES_OF 2016.DOC June 7, 2016 - Page 54 of 163 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2016 and a public hearing for second reading of this Ordinance is set for the day of , 2016, 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 day of , 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 4 5/31/2016 C: IPRO GRAM FILES (X86)WEEVIA. COMI DOCCONVERTERPROI TEMPI NVDCI69B22954-79A0-4683-BCC9- 8201580B3FF0WAIL GOV. 7812. 1. ORDINANCENO._9SERIES_OF 2016.DOC June 7, 2016 - Page 55 of 163 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 11, Series of 2016, First reading, An ordinance repealing and reenacting Ordinance No. 11, Series 2014, which adopted the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn, Phase III) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. PRESENTER(S): Jonathan Spence, Town Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2016, upon first reading. BACKGROUND: The applicant, Lublan S.A, represented by Eggers Architecture, Inc., is requesting a recommendation to the Vail Town Council on a revision to a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area and a change in project scope to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3). STAFF RECOMMENDATION: The Planning and Environmental Commission forwarded a recommendation of approval on a revision to a major amendment to SDD No. 6, Vail Village Inn on May 9, 2016 with a vote of 3-1-0, (Rediker opposed) ATTACHMENTS: Description Council Memo Ordinance No. 11, Series of 2016, SSD #6 06-07-2016 Ordinance No. 11, Series of 2016, First Reading PEC16-0014 Staff Memorandum with attachments PEC Minutes, May 9, 2016 Site Photos June 7, 2016 - Page 56 of 163 rowN ofvain ") Memorandum TO: Vail Town Council FROM: Community Development Department DATE: June 7, 2016 SUBJECT: First reading of Ordinance No. 11, Series of 2016, an ordinance repealing and reenacting the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn, Phase III) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC16-0014) Applicant: Lublan S.A., represented by Eggers Architect Planner: Jonathan Spence I. SUMMARY The applicant, Lublan S.A, represented by Eggers Architecture, Inc., is requesting a recommendation to the Vail Town Council on a revision to a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3). The subject units received approval from the Vail Town Council, via Ordinance No. 11; Series 2014, for an increase in GRFA utilizing two new roof projections. This approval followed a unanimous recommendation from the Planning and Environmental Commission on April 14, 2014. The applicant is requesting a revision to this approval, described in greater detail below in Section IV, that result in a decrease in the overall scope and scale of the project. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2016, upon first reading. June 7, 2016 - Page 57 of 163 III. BACKGROUND On May 9, 2016, the Planning and Environmental Commission held a public hearing on the request for a recommendation on a revision to a major amendment to add GRFA to Units 501 and 502. The Commission forwarded a recommendation of approval, with conditions, to the Vail Town Council for a major amendment to SDD No.6, Vail Village Inn, to increase the allowable GRFA for Phase III, with a vote of 3-1-0 (Rediker opposed). Commissioner Rediker's opposition stemmed from a concern that the proposal was not meeting the letter of the law as it relates to the code requirement that nonconforming roofs be brought into conformance when GRFA additions exceed 500 square feet. This recommendation was based upon the review of the criteria outlined in the May 9, 2016 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. For a more detailed history of the Special Development District No. 6 please see pages 3 and 4 of the PEC16-0014 staff memorandum. IV. DESCRIPTION OF THE REQUEST The owners of units 501 and 502, Lublan S.A., represented by Eggers Architecture, Inc., are requesting a revision to the previously approved amendment to Special Development District No. 6. The proposed revisions and consistencies with the original approval are as follows: Unit 501 Unit 502 Unit 501 is proposing to not make the exterior changes to the building as previously approved, but to only add ten (10) skylights to the exterior. Unit 501 is proposing to add 264 square feet of GRFA vs. the 277 square feet previously approved. The proposed increase in GRFA will be within the existing mass and scale of the building. The changes to Unit 501 could be processed as an Interior Conversions application, not necessitating a PEC or Town Council review. • Unit 502 is proposing to keep the previously approved exterior changes. • Unit 502 is proposing adding an additional 57 square feet on the main level from existing attic space. Town of Vail Page 2 June 7, 2016 - Page 58 of 163 Roof Material The 2014 approval included the replacement of the existing cedar shake roofing on levels four and five with DaVinci synthetic shakes. This also included DaVinci shakes on the new roof projections. As the project no longer includes the dormer/gable element for Unit 501, the applicant is proposing DaVinci shakes on only the Unit 502 shed dormer. The applicant is proposing not to replace the existing wood shakes on the remainder of roof. Other Improvements • The application, consistent with the original approval, includes the replacement of the existing street lights located along the Frontage Road with new lights that meet Town of Vail Specifications. Should Ordinance No. 11, Series of 2016 be approved, the development statistics in Phase III will change as follows: Development Existing/Approved 2014 Approval 2016 Amendment Change Standard prior to 2014 Ordinance No. 11, Series of 2014 Gross Residential Floor Area (GRFA) Unit 501 2,467 sq. ft. 2,744 sq. ft. (+277) 2,731 sq. ft. (+264) -13 sq. ft. Unit 502 1,399 sq. ft. 1,914 sq. ft. (+515) 1,971 sq. ft. (+572) +57 sq. ft. Total Phase 46,067 sq. ft. 46,859 sq. ft. (+792) 46,903 sq. ft. (+836) +44 sq. ft. III (1%T) SDD #6 Parking 108 spaces 108 spaces No change No change 1.4 spaces per 1.4 spaces per unit unit Dwelling 11 Dwelling Units 11 Dwelling Units No change No change Units DUs Height 5 stories (74.3' 5 stories (74.3' per Removal of planned No change per SDD) SDD) (new roof west dormer/gable elements @ 67.6') Site 55% (per SDD) 38% No change No change Coverage Landscaping 30% (per SDD) 57% No change No change Town of Vail Page 3 June 7, 2016 - Page 59 of 163 V. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 11, Series of 2016, upon first reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves Ordinance No. 11, Series Of 2016, an ordinance repealing and reenacting the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. " Should the Vail Town Council choose to approve Ordinance No. 11, Series of 2016, the Community Development Department recommends the Council applies the following condition: 1. The applicant shall mitigate the employee generation impact created by the addition of 836 square feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. The applicant shall make the required fee in lieu payment to the Town of Vail prior to the issuance of any building permit. 2. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging, if necessary. 3. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting any final planning or building inspection. 4. The applicant shall replace the three (3) existing street lights located along the Frontage Road with Town of Vail street lights per Public Work's specification. The location of the streetlights is depicted in the Streetlight Exhibit, included as Attachment C to the May 6, 2014 PEC130046 Town Council Memo. The number of new fixtures shall be determined by the Director of Public Works and will not exceed three. The new street lights shall be installed prior to requesting any final planning or building inspection. Town of Vail Page 4 June 7, 2016 - Page 60 of 163 Should the Vail Town Council choose to approve Ordinance No. 11, Series of 2016, the Planning and Environmental Commission recommends the Council makes the following findings: 'Based upon the review of the criteria outlined in the May 9, 2016 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That the special development district amendment complies with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. That the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the special development district 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. 11, Series of 2016, First Reading B. PEC16-0014 Staff Memorandum with attachments C. PEC Minutes, May 9, 2016 D. Property Photos Town of Vail Page 5 June 7, 2016 - Page 61 of 163 ORDINANCE NO. 11 Series of 2016 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 11, SERIES 2014, WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE III OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR AN INCREASE IN GROSS RESIDENTIAL FLOOR AREA TO FACILITATE ADDITIONS TO EXISTING DWELLING UNITS, LOCATED AT 100 EAST MEADOW UNITS 501 AND 502 (VAIL VILLAGE INN, PHASE III) /LOT O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Ordinance No. 11, Series of 2014, amended the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn; and WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on May 9, 2016 to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 3-1; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8, Vail Town Code, and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the Town Council finds that the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and WHEREAS, the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Ordinance No. 11, Series of 2016 1 June 7, 2016 - Page 62 of 163 Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied; and WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the development plan for Phase III of Special Development District No. 6, Vail Village Inn. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of this ordinance is to repeal and reenact Ordinance No 11, Series of 2014 to amend the approved development plan for Phase III of Special Development District No. 6 to increase the allowable gross residential floor area (GRFA). This amendment increases the allowable GRFA in Phase III from 46,859 square feet to 46,903 square feet, an increase of 44 square feet. Ordinance No. 11, Series of 2014, is hereby amended as follows (all additions are illustrated with bold italics, deletions are illustrated with strikethrou h, and text not affected has been omitted): Ordinance No. 11, Series of 2016 2 June 7, 2016 - Page 63 of 163 Section 2. Amendment Procedures Fulfilled, Planning Commission Report The approval procedures described in Article 12-9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning and Environmental Commission for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn Phase III. Section 3. Special Development District No. 6 The Special Development District and the major amendment to the Approved Development Plan for Phase III are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the goals, objectives and policies of the Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning and Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of standard Public Accommodation zone district requirements. Section 4. Development Standards — Special Development District No. 6, Vail Village Inn, Phase III The amended development plan for Special Development District No. 6, Vail Village Inn, Phase lll, shall include the following plans and materials prepared by Eggers Architects, Inc., dated March 10, 2016 and stamped approved by the Town of Vail, dated May 9, 2016 (as may be further amended by the Town of Vail Design Review Board): A. A1.4 Roof Plan, Proposed B. A2.1 South Elevation, Proposed C. A2.3 North Elevation, Proposed D. A2.5 West Elevation, Proposed Ordinance No. 11, Series of 2016 3 June 7, 2016 - Page 64 of 163 •. .. . . . .. . . . k AP . • The amended development plan for Special Development District No. 6, Vail Village Inn, Phase lll, shall include the following plans and materials prepared by Eggers Architects, Inc., dated March 10, 2016 and stamped approved by the Town of Vail, dated May 9, 2016 (as may be further amended by the Town of Vail Design Review Board): A. A1.4 Roof Plan, Proposed B. A2.1 South Elevation, Proposed C. A2.3 North Elevation, Proposed D. A2.5 West Elevation, Proposed Ordinance No. 11, Series of 2016 3 June 7, 2016 - Page 64 of 163 The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase III, shall include the following plans and materials prepared by Blue Line Architects, dated September 24, 2008: A. A1.3 Parking Map B. A2.1 Level 95.0 Existing C. A2.2 Level 95.0 Proposed D. A2.3 Level 105.0 Existing E. A2.4 Level 105.0 Proposed F. A2.5 Level 114.4 Existing G. A3.1 Exterior Elevations H. A3.2 Exterior Elevations I. A5.1 Vicinity Map Section 5. Condition of Approval for Special Development District No. 6, Phase III. .. . . .. f f 11 - jr 102 A - . AA AA ._ I .. 5. The appfiGant sha# neplaGe the three (3) existing street fights iGGateel aiong the F-mntage Read with Town Of Va4 street fights per PubfiG h4 6, 2044 PEC130046 Town 064emp. The Pumber of new fixtures shag be determined by the Ordinance. of , June 7, 2016 - Page 65 of 163 Conditions applied by the Planning and Environmental Commission in conjunction with the May 9, 2016 recommendation of approval with conditions: 1. The applicant shall mitigate the employee generation impact created by the addition of 836 square feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. The applicant shall make the required fee in lieu payment to the Town of Vail prior to the issuance of any building permit. 2. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging, if necessary. 3. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting any final planning or building inspection. 4. The applicant shall replace the three (3) existing street lights located along the Frontage Road with Town of Vail street lights per Public Work's specification. The location of the streetlights is depicted in the Streetlight Exhibit, included as Attachment C to the May 6, 2014 PEC130046 Town Council Memo. The number of new fixtures shall be determined by the Director of Public Works and will not exceed three. The new street lights shall be installed prior to requesting any final planning or building inspection. Section 6. Applicability The changes contained in this ordinance shall only apply to the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn. Those changes were contained within the documents associated with the Planning and Environmental Commission Major SDD Amendment, PEC16-0014. No other provisions or requirements of the governing ordinance for any other phase of Special Development District No. 6, Vail Village Inn, are amended, altered, or eliminated by this ordinance. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining Ordinance No. 11, Series of 2016 cJ June 7, 2016 - Page 66 of 163 portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. 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. Section 10. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7t" day of June, 2016 and a public hearing for second reading of this Ordinance set for the 21 st day of June, 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 Ordinance No. 11, Series of 2016 6 June 7, 2016 - Page 67 of 163 READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in full this 21St day of June, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series of 2016 7 June 7, 2016 - Page 68 of 163 Memorandum To: Planning and Environmental Commission From: Community Development Department Date: May 9, 2016 Subject: A request for a recommendation to the Vail Town Council on a revision to a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Drive, Units 501 and 502 (Vail Village Inn Phase 3) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC16-0014) Applicant: Lublan S.A., represented by Eggers Architect Planner: Jonathan Spence I. SUMMARY The applicant, Lublan S.A, represented by Eggers Architecture, Inc., is requesting a recommendation to the Vail Town Council on a revision to a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3). The subject units received approval from the Vail Town Council, via Ordinance No. 11, Series 2014, for an increase in GRFA utilizing two new roof projections. This approval followed a unanimous recommendation from the Planning and Environmental Commission on April 14, 2014. The applicant is requesting a revision to this approval, described in greater detail below in Section II, that result in a decrease in the overall scope and scale of the project. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of a revision to the major amendment to Special Development District (SDD) No. 6, Vail Village Inn, subject to the findings noted in Section VIII of this memorandum. June 7, 2016 - Page 69 of 163 II. DESCRIPTION OF THE REQUEST The owners of units 501 and 502, Lublan S.A., represented by Eggers Architecture, Inc., are requesting a revision to the previously approved amendment to Special Development District No. 6. The proposed revisions and consistencies with the original approval are as follows: Unit 501 Unit 502 Unit 501 is proposing to not make the exterior changes to the building as previously approved, but to only add ten (10) skylights to the exterior. • Unit 501 is proposing to add 264 square feet of GRFA vs. the 277 square feet previously approved. The proposed increase in GRFA will be within the existing mass and scale of the building. The changes to Unit 501 could be processed as an Interior Conversions application, not necessitatina a PEC or Town Council review. • Unit 502 is proposing to keep the previously approved exterior changes. • Unit 502 is proposing adding an additional 57 square feet on the main level from existing attic space. Roof Material The previous approval included the replacement of the existing cedar shake roofing on levels four and five with DaVinci synthetic shakes. This also included DaVinci shakes on the new roof projections. As the project no longer includes the dormer/gable element for Unit 501, the applicant is proposing DaVinci shakes on only the Unit 502 shed dormer. The applicant is proposing not to replace the existing wood shakes on the remainder of roof at this time. Other Improvements • The application, consistent with the original approval, includes the replacement of the existing street lights located along the Frontage Road with new lights that meet Town of Vail Specifications. The applicant has provided a written description of their request, (Attachment A) and plans, (Attachment B), both dated March 10, 2016. Town of Vail Page 2 June 7, 2016 - Page 70 of 163 III. BACKGROUND In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No.6, Vail Village Inn. The purpose of SDD No.6 is to assure the comprehensive development and use of an area of land in a manner that would be harmonious with the general character of the town, provide adequate open space and recreation amenities, and promote the objectives of the zoning ordinance of the town. Ordinarily, a special development district will be created only when the development is regarded as complementary to the Town by the Town Council, Planning and Environmental Commission, and Design Review Board, and there are significant aspects of the development which cannot be satisfied under the existing zoning. Project History: The following is a summary of the existing phases and development for the Vail Village Inn Special Development District (SDD No. 6): Phase I- This phase consists of the buildings located at the southeast corner of the District. Phase I includes one residential dwelling unit approximately 3,927 square feet in size and nine commercial/retail spaces. The original development plan for Phase I called for 16,128 square feet of commercial space, and no GRFA. The Alpenrose Restaurant is part of Phase I. Phase II- This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase II is generally located in the center of the District and includes the Claggett-Rey Gallery. Phase III- This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase III is located at the northeast corner of the District. Phase IV- This is the original, oldest and most recently redeveloped Phase in the District. This Phase (The Sebastian) consists of two residential dwelling units totaling approximately 6,827 square feet in size, one hundred accommodation units and forty-nine fractional fee units comprising approximately 97,788 square feet of floor area. Phase IV is generally located in the northwest corner of the District. Phase V- This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retail spaces. Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. This phase includes the La Botega restaurant. Town of Vail Page 3 June 7, 2016 - Page 71 of 163 Ordinance No. 1, Series of 1985 (March, 1985) granted 120,600 square feet of GRFA to SDD No. 6. This ordinance also required a minimum of 175 accommodation units (AUs) and 72,400 square feet of GRFA, devoted entirely to AUs in Phase IV. Ordinance No. 14, Series of 1987 (May, 1987), amended Phase IV of SDD No. 6. The amendment allowed Phase IV to be broken into two distinct and separate phases, which were called Phase IV and Phase V. This ordinance also set the maximum GRFA for the SDD at 120,600 square feet. Further, the ordinance required a minimum of 148 AUs and 67,367 square feet of GRFA devoted to AUs in Phases IV and V. Ordinance No. 24, Series of 1989 (November, 1989) amended the density section of SDD No. 6. This ordinance modified the SDD by increasing the allowable GRFA to a total of 124,527 square feet. This allowed Unit No. 30 (originally Good's retail) in the Vail Village Plaza Condominiums to be converted from commercial to residential use. The space consists of 3,927 square feet of GRFA, and the conversion to residential use has been completed. This ordinance also maintained the approval for a minimum of 148 AUs and 67,367 square feet of GRFA, devoted to AUs, in Phases IV and V of SDD No.6. Ordinance No. 1 and No. 4, Series of 2000, a major amendment to Special Development District No. 6 was approved to allow for construction of the Vail Plaza Hotel. Ordinance No. 15, Series of 2001 adopted a revised Approved Development Plan for Phase II, which brought the total allowable GRFA for the entire SDD No. 6 to 182,325 square feet. Ordinance No. 21, Series of 2001 adopted a revised Approved Development Plan for Phase IV (i.e. Vail Plaza Hotel), and did not specify, in the form of a revised Approved Development Plan, the total allowable GRFA for the entirety of SDD No. 6. Ordinance No. 32, Series of 2003, adopted a major amendment to SDD No. 6, allowing for the construction of a new dwelling unit above the Alpenrose Restaurant location, which increase the amount of allowable GRFA for the entire SDD to 184,708 sq. ft. and increase the density to 13 DU's per acre. Ordinance No. 6, Series of 2005, adopted a major amendment to SDD No. 6, revising the amount of allowable GRFA for the entire SDD to 186,561 sq. ft. and increasing the density to 13.25 DU's per acre. Ordinance No. 11, Series of 2014, adopted a manor amendment to SDD No. 6, revising the allowable GRFA for Phase III to facilitate additions to Units 501 and 502. It is this manor amendment that the applicant is requesting to revise. Town of Vail Page 4 June 7, 2016 - Page 72 of 163 IV. APPLICABLE PLANNING DOCUMENTS A. 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. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-9A, SPECIAL DEVELOPMENT DISTRICT (in part) 12-9A-1: Purpose and Applicability: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of Town of Vail Page 5 June 7, 2016 - Page 73 of 163 streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. B. Applicability. Special development districts do not apply to and are not available in the following zone districts: hillside residential, single-family residential, two-family residential and two-family primary/secondary residential. 12-9A-10: AMENDMENT PROCEDURES: B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12- 9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. V. SURROUNDING LAND USES Land Uses Zoning North: CDOT right-of-way Not Zoned South: Mixed Use Public Accommodation East: Mixed Use SDD #39 (Solaris) West: Multiple Family SDD #21 (Gateway) Town of Vail Page 6 June 7, 2016 - Page 74 of 163 VI. ZONING ANALYSIS/SDD #6, VAIL VILLAGE INN, PHASE III Development Existing/Approved 2014 Approval 2016 Amendment Change Standard prior to 2014 Ordinance No. 11, Series of 2014 Gross Residential Floor Area (GRFA) Unit 501 2,467 sq. ft. 2,744 sq. ft. (+277) 2,731 sq. ft. (+264) -13 sq. ft. Unit 502 1,399 sq. ft. 1,914 sq. ft. (+515) 1,971 sq. ft. (+572) +57 sq. ft. Total Phase 46,067 sq. ft. 46,859 sq. ft. (+792) 46,903 sq. ft. (+836) +44 sq. ft. III 0%T) SDD #6 Parking 108 spaces 108 spaces No change No change 1.4 spaces per 1.4 spaces per unit unit Dwelling 11 Dwelling Units 11 Dwelling Units No change No change Units (DUs) Height 5 stories (74.3' 5 stories (74.3' per Removal of planned No change per SDD) SDD) (new roof west dormer/gable elements @ 67.6') Site 55% (per SDD) 38% No change No change Coverage Landscaping 30% (per SDD) 57% No change No change VII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA Before acting on an application for a major amendment to a special development district, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. In contrast to other phases of SDD #6, Vail Village Inn, Phase III has seen relatively few amendments. The structure has seen minor changes since its original construction, mainly exterior window updates and interior remodels, but remains largely unchanged from its original build. Town of Vail Page 7 June 7, 2016 - Page 75 of 163 The roof changes contained in the original 2014 application were found to be compatible with the neighborhood related to architectural design and style. The application was also found to meet the guidelines recommended in the Vail Village Urban Design Standards by locating the infill out of sun/shade or views as illustrated by the drawings contained on pages 7-8 of the April 14, 2014 PEC Staff Memorandum, included as Attachment C. The amendment no longer includes the proposed dormer/gable element on the western side of the roof, and instead includes only flush mounted skylights in its place, as shown below. The 2014 approval included alterations or impacts to approximately 1, 415 square foot of roof area. With the removal of the western dormer, the quantity of roofing proposed to be altered is reduced to approximately 410 square feet. Figure #1 shows the existing conditions, Figure #2 the previously approved elevation and Figure #3, as now proposed. Figure #1 �— - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - - SOUT4 ELEV,4TION - EXISTING Town of Vail Page 8 June 7, 2016 - Page 76 of 163 Figure #2 . r—-------------------------------------------------------------------- SOUTH ELEVATION - PREVIOUSLY APPROVED Figure #3 + �-�=�-------------------------------------------------------------------- — - SOUTH ELEVATION - PROPOSED Town of Vail Page 9 June 7, 2016 - Page 77 of 163 Consistent with earlier findings, staff finds the proposal does comply with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The applicant does not propose to change any of the uses, activity, or densities which are currently constructed within the project. The proposal to increase the allowable GRFA within the SDD requires mitigation of the impacts to employee generation pursuant to Chapter 12-24, Inclusionary Zoning, Vail Town Code. The applicant has stated in their written materials that the pay -in -lieu option would be selected if the proposal were approved. An increase in the allowable GRFA by 836 square feet results in a pay -in -lieu fee of $11,256.74 (836 sq. ft. x 10% x $134.65) under the existing adopted fee schedule. The required payment is calculated at the time of building permit submittal and may be different than the number above. Staff finds the proposal complies with this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. The proposal to add 836 square feet of GRFA to Units 501 and 502 do not change the required parking or loading and delivery requirements for the development. As a component of the approval for the Sebastian, its developer was required to provide a centralized loading and delivery facility for the use of all owners and tenants within SDD #6 and also to be made available for public and/or private loading and delivery programs. The continued use of this facility is vital in mitigating the loading and delivery impacts upon Vail Village. Staff finds the proposal complies with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff has reviewed the Vail comprehensive plan and found the following documents and associated goals, objectives, statements applicable to this proposal. Vail Land Use Plan (in part) 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Town of Vail Page 10 June 7, 2016 - Page 78 of 163 1. 12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4. Village Core / Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) 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. Vail Village Master Plan (in part) V. GOALS, OBJECTIVES, POLICIES AND ACTION STEPS GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Obiective 1.1: Implement a consistent development review process to reinforce the character of the Village. Policy 1.1.1: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. VII. VAIL VILLAGE SUB -AREAS Town of Vail Page 11 June 7, 2016 - Page 79 of 163 A major goal of this Plan is to address the Village as a whole and at the same time be sensitive to the opportunities and constraints that may exist on a site specific basis. To facilitate long range planning unique to each area of the Village, ten different sub -areas are delineated in this Plan. Sub -areas were determined based on a number of different considerations. Foremost among these were: design and site characteristics geographic or physical boundaries land uses and ownership patterns Each of the ten sub -areas have been evaluated relative to the overall goals, objectives, and policies outlined for Vail Village. The potential improvement projects, referred to as sub -area concepts, which have emerged from this evaluation are graphically represented on the Action Plan. These sub -area concepts are physical improvements intended to reinforce the desired physical form of the Village as outlined in the various elements of the Master Plan. The 10 sub -areas (which follow), provide detailed descriptions of each sub -area concept and express the relationship between the specific sub -area concepts and the overall Plan. The applicable goals and objectives are cited for each of the sub area concepts at the end of each description under "special emphasis. " The sub -area concepts described in this Section are meant to serve as advisory guidelines for future land use decisions by the Planning and Environmental Commission and the Town Council. Compliance with the sub -area concepts does not assure development approval by the Town. It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan. The Urban Design Guide Plan includes additional design detail that is to be used in conjunction with the Vail Village Master Plan sub -area concepts. Town of Vail Page 12 June 7, 2016 - Page 80 of 163 MIXED USE SUB -AREA (#1) The Mixed -Use sub -area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub -area is characterized by a mixture of residential/lodging and commercial activity. The Vail Comprehensive Plan elements that speak to this site include the Vail Land Use Plan and the Vail Village Master Plan. Staff believes the proposed changes do not have an overall negative impact on the intent of stepping buildings up from the pedestrian oriented East Meadow Drive to the South Frontage Road East. The revised proposal is consistent with the infill recommendations of the Vail Village Urban Design Guidelines. The additions are located such that their impacts on adjacent properties and on the pedestrian experience are minimal to nonexistent. Staff finds the proposal complies with this criterion. Town of Vail Page 13 June 7, 2016 - Page 81 of 163 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Special Development District No. 6, Vail Village Inn, is not located within any identified geologic hazard. Staff finds the proposal complies with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not include any changes to the site plan, building footprint design or location, or open space provisions. The proposal does include modifications to the roof plan that will allow the greater utilization of the top floor residential units. The new roof elements are designed to be compatible both with the existing structure and the overall design of the district. Staff finds the proposal complies with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The proposal does not include any changes to the pedestrian or vehicular circulation on or off site. Staff finds the proposal complies with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposal does not include any changes to the landscaping or open space on the site as identified on the approved development plan. Staff finds the proposal complies with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposal is intended to be constructed in one phase. Staging for any construction related activity will be reviewed by the Town of Vail staff to ensure impacts are Town of Vail Page 14 June 7, 2016 - Page 82 of 163 minimized to public rights-of-way and adjacent properties. It is anticipated that the use of the South Frontage Road East right-of-way will be necessary. This right-of-way is controlled by the Colorado Department of Transportation (CDOT) and will require all appropriate review and permits from CDOT should the project move forward. Staff finds the proposal complies with this criterion. VIII. SPECIAL DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS The Vail Town Code requires all proposals within Special Development Districts to meet the following code provision: 12-9A-9 Development Standards Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article. The 2014 approval included the replacement of the existing cedar shake roofing on building levels four and five in conjunction with the dormer/gable addition to Unit #501 and the shed dormer for Unit #502. With the elimination of the western dormer/gable element and the resulting decrease in proposed changes to the roof, the applicant has no longer included the proposed shingle replacement as a component of this project. Staff believes that there are no recognizable adverse effects of the proposed deviations to allowable GRFA. Staff finds that the elimination of the proposed shingle replacement does not result in the project noncompliance this requirement. It should be noted that Village Inn Plaza Phase III completed a rehabilitation of many of its exterior, pedestrian level elements in 2009. Phase I and II are anticipated to act on a recent DRB approval to complete these improvements in the district that include new pavers, site walls, ADA access and landscaping. Although not tied to this proposal, these improvements demonstrate Vail Village Inn's commitment to maintaining and improving public spaces. Town of Vail Page 15 June 7, 2016 - Page 83 of 163 IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Town Council on a revision to a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Drive, Units 501 and 502 (Vail Village Inn Phase 3) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for a revision to a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the Commission applies the following conditions: 1. The applicant shall mitigate the employee generation impact created by the addition of 836 square feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. The applicant shall make the required fee in lieu payment to the Town of Vail prior to the issuance of any building permit. 2. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging, if necessary. 3. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting any Town of Vail Page 16 June 7, 2016 - Page 84 of 163 final planning or building inspection. 4. The applicant shall replace the three (3) existing street lights located along the Frontage Road with Town of Vail street lights per Public Work's specification. The location of the streetlights is depicted in the Streetlight Exhibit, included as Attachment C to the May 6, 2014 PEC130046 Town Council Memo. The number of new fixtures shall be determined by the Director of Public Works and will not exceed three. The new street lights shall be installed prior to requesting any final planning or building inspection. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll this Staff memorandum to the Planning and Environmental Commission dated May 9, 2016, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the special development district amendment complies with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. That the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the special development district 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." Town of Vail Page 17 June 7, 2016 - Page 85 of 163 X. ATTACHMENTS A. PEC16-0014 Applicant Narrative, 3-10-2016 B. PEC16-0014 Plan Set, 3-10-2016 C. PEC130046 Staff Memorandum, with Attachments, 4-14-2014 D. PEC Meeting Minutes, 4-14-2014 Town of Vail Page 18 June 7, 2016 - Page 86 of 163 Village Inn Plaza Vail Village Inn, SDD #6, Phase III Major Amendment to Special District No. 6 Expansion of Units 501 & 502 with Exterior Modifications March 10, 2016 11050 B1MIfflu 14 v 1Va0 SWIMZo d%f ''ZOOVA MZ -V DFF1CZ 4W116Z =dO FLY tlSWI MZZW EGGERS ARCHITECTURE, INC. PO BOX 798 KREMNMING, CO 80459 (970) 724-3411 FAX: (970) 724-3412 don. eggers@eggersarchitecture.com June 7, 2016 - Page 87 of 163 I. Introduction The owners of units 501 and 502, Lublan S.A., represented by Loguer Design and Eggers Architecture, Inc., are requesting an amendment to the previously approved Amended Special Development District No.6 (SDD#6). Unit 501 (parcel #: 2101-082-54-027) is proposing to not make the major exterior changes to the building as previously approved, but to only add skylights to the exterior. Unit 501 is proposing to add 264 square feet to the GRFA vs. the 277 square feet previously approved. Unit 502 (parcel #: 2101-082-54- 028) is proposing to keep the previously approved exterior changes and adding an additional 57 square feet of GRFA. The Unit 502 approval included an increase to the GRFA by 515 square feet and the inclusion the addition of secondary roof form. The modification of Unit 502 also included the relocation of an existing mechanical mezzanine to a newly constructed area with a net square footage loss of 49 square feet. According to Section 12-9A-2: Definitions, Vail Town Code, an increase of GRFA is considered a Major SDD Amendment. Unit 501 is proposing to undergo a complete interior remodel. The current plan includes 4 bedrooms, 4 baths and major living spaces on the main level of 2145 square feet. This plan has a loft area overlooking the main living space that includes 322 square feet. The remodel proposes to redesign the main level with an entry area expanded in to the common hallway between units 501 and 502. The new square footage of the main level will be 2255 square feet, an increase of 110 square feet from the HOA Common Area. Additionally, the loft area will be remodeled with an additional 154 square feet of GRFA added from existing attic space. Total new GRFA will be 2731 square feet, representing an increase of 264 square feet. The previously approved changes included 277 square feet of additional GRFA. Unit 502 is proposing to maintain the previously approved remodel and addition of 515 square feet to the GRFA. The current proposal also includes adding an additional 57 square feet of space on the main level from existing attic space. The previously approved roof element is above the main ridgeline of the building but lower than the two elevator tower units on each side of the dormer. This element would remain and the roofing in this area only is proposed as DaVinci synthetic shake. The new proposal would bring the total GRFA of the unit to 1971 square feet, a total increase in the GRFA of 572 square feet. June 7, 2016 - Page 88 of 163 Floor plans of the proposed changes are provided below: June 7, 2016 - Page 89 of 163 AIR IN 01110 June 7, 2016 - Page 89 of 163 IN June 7, 2016 - Page 89 of 163 II. Background Village Inn Plaza is located at 100 East Meadow Drive. The property is part of Phase III of Special Development District No. 6, Vail Village Inn. This SDD has an underlying zoning of Public Accommodation (PA). See vicinitv mar) of Dror)ertv below: SDD #6 was adopted by Ordinance No. 7 of 1976 and has undergone multiple amendments since is adoption. Most of the amendments have been associated with the other phases of the SDD. The structure has seen minor changes since its original construction, mainly exterior window updates and interior remodels, but remains largely unchanged from its original construction. The proposed modifications will be add some exterior detail and update the appearance of the building to match the architectural detailing of the more recently constructed adjacent properties. See photo of the frontage road view taken from the north side of the highway: Vail Village Inn deviates from the maximum height limitation set forth in the Public Accommodation zone district of 48 feet for sloped roofs. Building heights were defined by number of stories in the original adoption of SDD#6 and further illustrated in a drawing June 7, 2016 - Page 90 of 163 created by consultants Royston, Hanamoto, Beck and Abey dated February 12, 1976. The building was constructed according to these height restrictions and has not been modified since. The previously approved roof mass over unit 502 is lower than the adjacent elevator shaft elements, therefore not affecting the overall building height. See drawing below: There are no additional parking requirements as the number of units is not changing. III. Zoning Analysis The proposed modification only affects the GRFA and Employee Housing standards of the zoning analysis. All other standards are unchanged and remain as approved by Special Development District #6. Standard Existing Previously Approved Proposed GRFA -_ _ •iii � � i1i _ _ �_ Unit 501 L r r r r r! .IIIIIIII - Unit 502 1399 sf r r r r r 1---_ '_IIIIIIIIIIII I. 1.4 per unit .IIIIIIIIIIII = I■■1I■1■� ��G� llr■ r r r r r l IIIIIIIIIIII_.-.... ................................. ■■■■■■11 �-r--r�r-r-W--1 - 11 �� 1 _IIIIIIIIIIII I �� Irrr I .rl IIIIIIIIII - !■■.r■.1r :a, yt 11 ■■ 1 ]. :s'.:.,, I -- — ■ ■■ ■■ Irrr -- �-i IIII IIIIIIIIIIII IIIIIIIIIIII Requirement ■ _-_-- K- —111!119 ■■■1■■■1 y 4 .. ■■■ ■■■ �� 4 II U I III11 �® ■■ Im I ■■■1■■■1 • N O!11 IIIII•I•■ ��- ■■■ a ■■ N II N I IIIIIIIIIIII: 1::::: ;I■■ Irrr ■ ■■ Irrr I rr■ - grr7 ■r: 11 ■■ 1 - - - I::::: -- — ■■ ■■ l■■■ ■ -- NWIIIIWWWiIIIIIIIIIIII C■1© There are no additional parking requirements as the number of units is not changing. III. Zoning Analysis The proposed modification only affects the GRFA and Employee Housing standards of the zoning analysis. All other standards are unchanged and remain as approved by Special Development District #6. Standard Existing Previously Approved Proposed GRFA Unit 501 2467 sf 2744 sf (+277) 2731 sf (+264) Unit 502 1399 sf 1914 sf (+515) 1971 sf (+572) Parking 1.4 per unit no chane no change Employee Housing Approved prior 79 sf (pay -in -lieu) 83 sf (pay -in -lieu) to Inclusionary Requirement IV. Criteria for Review for the Major Amendment to a Special Development District Section 12-9A-8: Design Criteria and Necessary Findings in the Vail Town Code provides the criteria for review of a Major Amendment to a Special Development District. Below is a listing of the criteria and how the proposal complies with each: June 7, 2016 - Page 91 of 163 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Proposed: The architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation remains largely unchanged as a result of the proposed amendment. The roof changes fit between the existing elements, therefore the height remains the same as constructed. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Proposed: There is no change to the use, activity or number of dwelling units within the proposed amendment. The increase is GRFA is consistent with the intent of Chapter 15 of the Vail Town Code and without the size of the roof elements would qualify as a minor amendment to the SDD. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Proposed: The addition of GRFA does not affect the parking requirements for the units and is unchanged. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Proposed: Village Inn Plaza is within the boundaries of the Vail Village Master Plan and further located within Mixed Use Sub -Area #1. The following objectives of the master plan are applicable to this application: Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Proposed: The above criterion is not affected by the proposed improvements. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Proposed: The above criterion is not affected by the proposed improvements as there are no changes proposed for the site plan. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. June 7, 2016 - Page 92 of 163 Proposed: The above criterion is not affected by the proposed improvements. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Proposed: The above criterion is not affected by the proposed improvements. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Proposed: The above criterion is not affected by the proposed improvements. V. Photo images: Below are images taken from Meadow Drive and the Frontage Road. The proposed improvements are not visible from other locations within the Village. From Meadow Dr. June 7, 2016 - Page 93 of 163 From walk below Vail Village Plaza From walk below Sebastian June 7, 2016 - Page 94 of 163 VI. Adjacent Property Owners Vail Gateway Plaza Condo Association c/o Vail Tax & Accounting PO Box 5940 Avon, CO 81620 Vail Plaza Hotel (Sebastian) c/o Timbers Resorts 16 Vail Road Vail, CO 81657 Village Inn Plaza Phase I,II,V c/o Jonathon Staufer, Manager 100 E. Meadow Drive, #31 Vail, CO 81657 Solaris c/o Peter Noble, John Boord 2211 N. Frontage Road, Suite A Vail, CO 81657 One Willow Bridge Road Condo Association c/o Corporation Service Company 1560 Broadway, Suite 2090 Denver, CO 80202 One Willow Bridge Road Condo Association 4148 N Arcadia Drive Phoenix, AZ 85018 Talisman Condo Association c/o Ptarmigan Management 62 E. Meadow Drive Vail, CO 81657 Sonnenalp c/o Johannes Faessler 20 Vail Road Vail, CO 81657 June 7, 2016 - Page 95 of 163 CONDO REMODEL &EXPANSION 5 UNITS 501 & 502, VILLAGE INN PLAZA PHASE III, SDD #6, VAIL VILLAGE INN � k Z OC o zVAIL COLORADO� Hew REVISED PEC SUBMITTAL SET MARCH 10, 2016 � U . w � w O V1 O Ow W ►— O O o Wr -- M O � OWNER DRAWING SCHEDULE LUBLAN S.A. C COVER C/O DELTEC BANK & TRUST LIMITED TRUSTEE ILC SURVEY DELTEC HOUSE All FIFTH FLOOR & LOFT EXISTING FLOOR PLANSIA- = - - •- _ ,:. F LYFORD CLAY PO BOX N3229 A1.2 FIFTH FLOOR PROPOSED & PREVIOUSLY APPROVED PLANS NASSAU, BAHAMAS A1.3 LOFT PROPOSED & PREVIOUSLY APPROVED PLANS 17110 Ow. PROJECT NO: 1502-13 (242 302-4100 A 1 e4 ROOF EXISTING AND PROPOSED PLANS'Y "�, • r R = a xt: ,._,::= A1.5 ROOF PREVIOUSLY APPROVED PLAN —� DESIGN ARCHITECT A1.6 FIFTH FLOOR & LOFT GRFA CHANGES F. LOGUER DESIGN A2.1 SOUTH ELEVATION —PROPOSED &EXISTING t — - 1450 BICKELL AVENUE, SUITE 2190 A2.2 SOUTH ELEVATION — PREVIOUSLY APPROVED & _ -- — MIAMI FLORIDA 33131 EAST ELEVATION — EXISTING (NO CHANGE) (786) 762-2260 FAX: (786) 762-2357 A2.3 NORTH ELEVATION — PROPOSED & EXISTING cn A2.4 NORTH & WEST ELEVATIONS - PREVIOUSLY APPROVEDLU CONSULTING ARCHITECT A2.5 WEST ELEVATION - PROPOSED & EXISTING �f: - -oLU ,rtif U EGGERS ARCHITECTURE INClu PO BOX 798 ,. e o' ... _f KREMMLING, COLORADO 80459 (970)724-3411 CELL: 970 409-9790 LU Z db • `% ' ia+`jFS- - - - - iw "L' - . _ fir, at VICINITY MAP June 7, 2016 - Page 96 of 163 EXISTING FINN FLOOR LEVEL. 3/1&" June 7, 2016 - Page 97 of 163 0 UNIT 501 (5A): 4 BEDROOMS EXISTING GRFA: 2145 sf 5TH FLOOR 322 sf LOFT 24rol sf TOTAL UNIT 502 (55): 2 5EDROOMS EX15TING GRFA: 1399 sf 5TH FLOOR 0 sf LOFT 1399 sf TOTAL I I � OPEN TO BELOW I � � EXIST. U k, LOFT ti I I --- — — — — — — — — — — — — — — — — — — -- 7z I I T I W I �0c: ao I I I I I I I I I I ------- ------------------J L ----------- ----------- I I I I I I I I I L— — — — — — — — — — L- - - - - - - - - - - - - - - - - - - - - - - - - I I I ATTIC SPACE UNDER ROOF STRUCTURE I SUSPENDED MECHANICAL LOFT ATTIC SPACE ' UNDER ROOF STRUCTURE I I ATTIC SPACE UNDER ROOF STRUCTURE ON *1 LOFT OPEN TO BELOW EX15TIN LOFT FLOOR LEVEL 3/16" i LsOPT NOTES: UNIT 501 (5A): EXISTING GRFA: 322 sf LOFT UNIT 502 (55)— EXISTING GRFA. 00 sf LOFT COMMON AREA / MECHANICAL: EXISTING: 330 sf TOTAL PROJECT NO: 1702-13 F - z LU O U A1.1 Y N ------ I r- IF --------- ------ ' I I I I I I I I I o I I ----------� I- - - - - - - - - - --- I 1 � 5� KNIT 503 KNIT 503 1 q I I I I I ----------------- I I I I L 1 ^v am am IN W 4D KNIT � � KNIT 4D �M __ ' USP i -- II I II 1 ii I I II COMMON AREA I COMMON AREA II I I ------------m LITE COURT ----------------------- ---------- m LITE COURT II II I I II ATH _ BEDROOM 01 o — X, Em L/ aEOROOM *1 sib LZ 1 / I +�I / I 1:ITCHEN I / I ITCHES / II ------ ------ x ------ ------lu / �� x I I � r---�-- x—-- I x l— I--------------- O ---j ------------------------ _ F —� I�'�I ►—� ^ C 4' OR LIVING AREA CIVIN AREA BEDROOM 02 1/2" DEDROOM 02 IU- ISR I I 519 CLOSET \5* 1am ED G OS T i 1 1 ATH 03 anH 03 \ �\\ 0 \\ I I I I I \\\\ O NO ►--� H i6i 3: -14 11 11171 11 COMMON AREA STORAGECOMMON AREAMEDR I I OOM *1` t KID'S OOM I tt�w \ I � � W I I ATH ATH 02 (5�1"$ 5i SF W FLOOR AREA I FOY I777777771 CONVE FROM ATTIC I - - I® 1 IA I I ENTRANCE SPACE TO IVIDUAL UNIT I �� UP 15R !SO 1 I '� II i i HA •�tr�•MWL- - — iATH BATH ttcOONRT FLOOR FA A CORRIDOR TO MDIVID UNIT I I I I I I I O I 01 ' I V o I PROJECT NO: 1502-13 CORRIDORDr=DRI W41 ooM 03 2L, Yi I tooM PDR ° 1�� 1 I 1 I® 11 I I I I 0 F- -1 I � I I I I 4 IL--- __----- I c>- -------- INING A I I------------- � --- KITCH ------ !!tt I I I ININ G A / I � 1 ' u Ell L__JMEDROOM 03 I / ooM I 1 1 I o tt I I / sic1 --- 1 11 / I I x I U, II I - - - - - - - - z w w 1 I ISL I I o � x� I LU u1G IVING AREA - 1 / // 1 W41 eµ 1 AH 03 < IVING AREA NOTES: o / \ \ D13UNIT 501(5A).- 4 BEDROOMS /\ PROPOSED GRFA: 2248 of 5tH FLOOR (103 sf INCREASE) // / _ W / 496 of LOFT (114 of INCREASE) / // MASTER NOTES: w 2144 of TOTAL (211 of INCREASE) / / uP 15R UNIT 501 l5A): 4 BEDROOMS (n m / / BEDROOM .1 1/2• PROPOSED GRFA: 2255 of 5tH FLOOR (110 of INCREASE) — — — — — — — — IU.I.C. UNIT 502 (5B): 2 BEDROOMS / / �� 1 416 of LOFT (154 of INCREASE) z PROPOSED GRFA: 1399 of 5tH FLOOR (NO CHANCE) // / — 2131 or TOTAL (264 of INCREASE) — — — — 515 of LOFT (515 of INCREASE) 1914 of TOTAL (515 of INCREASE) _ _ _ — UNIT 502 (55): 2 BEDROOMS 11ELL-PROPOSED GRFA: 1456 of 5TH FLOOR (51 of INCREASE) 515 of LOFT (515 of INCREASE) 1911 of TOTAL (512 of INCREASE) FREVICU51......Y ,APPROVED FIFTH FLOOR LEVEL FROF05ED FIFTH FLOOR LEVEL 11-07 3/16" 11-07 June 7, 2016 - Page 98 of 163 I I I I I ATTIC SPACE UNDER ROOF STRUCTURE EXIST. LOFT ON ISI II II I II I II \ I \ \ I CLOSET b" OOM "4 bmf — — — — — — — — — — — — — — — VICUSLY A June 7, 2016 -Page 99 of 163 DN ATTIC SPACE UNDER ROOF STRUCTURE MECHANICAL LOFT EXISTMCs EQUIPMENT RELOCATED To THIS LOCATION AND NEW DUCTWORK RUN / / / / / / / / / OPEN TO BELOW / I \ / I \ / I \ I � I I I I I I I I J LOFT NOTES: UNIT 501 (DA): PROPOSED GGA: 496 of LOFT (114 of INCREASE) UNIT 502 (55): PROPOSED GGA: 515 of LOFT (515 of INCREASE) COMMON AREA/ MECHANICAL: PROPOSED: 281 of TOTAL (45 of DECREASE) OVED LOFT FLOO L --J LADDER OPEN TO BELOUI I I I J I I I I I I I I ST 62® 154 SF OF NEW FLOOR AREA CONVERTED FROM ATTIC SPACE TO INDIVIDUAL UNIT L -------- 515 OF OF NEW FLOOR AREA CONVERTED FROM ATTIC SPACE TO INDIVIDUAL UNIT ATTIC SPACE UNDER ROOF STRUCTURE ATTIC SPACE UNDER ROOF STRUCTURE EXIST, LOFT OPEN TO BELOW ATH ATTIC SPACE X04 UNDER ROOF STRUCTURE J i i III II II J1/ III II II /I � III I I I I 11 1 I ROOM III I I II I I II I I I I I I I �----- II�----- II I I I 1 11 I I I I III I I III 1 1 \\ I I III I I I II I \ \\ I I I \ III I I 111 I I I \y 1 III I I III J I I y �\ III I DN 15R 11 \ \ MECHANICAL LOFT EXISTING EQUIPMENT RELOCATED TO THIS LOCATION AND NEW DUCTWORK RUN II F — — bre I I I L__J L--� I I I I L ---J >< SHOWER � I I L J II ^ I I I I L J 109 SF OF NEW FLOOR AREA CONVERTED FROM ATTIC SPACE TO COMMON AREA OPEN TO BELOW OPEN TO BELOW OPEN TO BELOW PROPOSED LOFT FLOOR LEVEL 11-011 I I I I I I I J LOFT NOTES: UNIT 501 (5A): PROPOSED GGA: 4'16 of LOFT (154 of INCREASE) UNIT 502 (55): PROPOSED GGA: 515 of LOFT (515 of INCREASE) COMMON AREA/ MECHANICAL: PROPOSED: 281 of TOTAL (45 of NET DECREASE) PROJECT NO: 1502-13 ua o� 4 a r� U V to bA u � M � (_U LTj 0 b PROJECT NO: 1502-13 A1.31 ua 4 u 0- m n N w 0 N c Lu Cl W(� Lu LLIO U Q U1 m 73 o LU 0 0 m LU w cn m U) z A1.31 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I d, I I I r ------------------------------------------------ I a ----------------------- I I I I I I I I i I I I I L ------------------------ I I I I I d L----------------- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I rQ ----------------------- -------------------------------- J I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Lam__ I I I I I I I r--------------------- --------------------------------- I I I I I i I I I I I I I I I I I I I I I I I I I I I I L--------------- 477'/�I I I I I I I L -------------------------- --------------------------L EXISTING; ROOF FLAN_ 3/16" I'-011 June 7, 2016 - Page 100 of 163 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I d, I I I r ------------------------------------------------ I a ----------------------- I I I I I I I I i I I I I L_____ I I I I I a L ------------------------------------- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I rQ-----------------------1- ------------------------------- I I I I I I I I IF -1 I I NEW SOLAR POWERED SKYLIGHTS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII / I I I I I I I I I --------------------- ---------------------------------1 i I F------------------------------1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L-------- -------------------- I-------------------------I T-- --7 I I I I I I I I I I I I I I O I I � w �I a �U I I I I � i I I I I I I I I I I I I I I I - I I I — ------------------------------7� oc I I I I I I I I I I I I I I I I I I I I L 3zdz IL--------------- ------------------------------------ I I I I I I I I I I I I L-------------------- �IIIIIIIIIIIIIIIII �IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII L-------- J I I LU LU I I I I I I � I I I I I I i I I N LU � Q Z fL I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L -------------------------- --------------------------J PROPOSED ]ROOF PLAN 3/1611 ROOF NOTE&: 1. ROOF MATERIAL ON NEW ROOF MASS TO BE DAVINCI SYNTHETIC SHAKE ROOFING. ALL OTHER ROOF AREAS TO REMAIN UNCHANGED. 2_ ROOF AREAS SHOWN HATCHED ARE CHANGED FROM EXISTING. 3_ ALL ROOF ASSEMBLIES MUST BE CLASS 'A' PROJECT NO: lr.702-13 w r--------- -------------------- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L -------- -------------------L Q 0 r--------- -------------------- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L-------------------J U I I I I I I I I I I I I I I I I I I I I L--------------- 477'/�I I I I I I I L -------------------------- --------------------------L EXISTING; ROOF FLAN_ 3/16" I'-011 June 7, 2016 - Page 100 of 163 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I d, I I I r ------------------------------------------------ I a ----------------------- I I I I I I I I i I I I I L_____ I I I I I a L ------------------------------------- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I rQ-----------------------1- ------------------------------- I I I I I I I I IF -1 I I NEW SOLAR POWERED SKYLIGHTS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII / I I I I I I I I I --------------------- ---------------------------------1 i I F------------------------------1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L-------- -------------------- I-------------------------I T-- --7 I I I I I I I I I I I I I I O I I � w �I a �U I I I I � i I I I I I I I I I I I I I I I - I I I — ------------------------------7� oc I I I I I I I I I I I I I I I I I I I I L 3zdz IL--------------- ------------------------------------ I I I I I I I I I I I I L-------------------- �IIIIIIIIIIIIIIIII �IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII L-------- J I I LU LU I I I I I I � I I I I I I i I I N LU � Q Z fL I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L -------------------------- --------------------------J PROPOSED ]ROOF PLAN 3/1611 ROOF NOTE&: 1. ROOF MATERIAL ON NEW ROOF MASS TO BE DAVINCI SYNTHETIC SHAKE ROOFING. ALL OTHER ROOF AREAS TO REMAIN UNCHANGED. 2_ ROOF AREAS SHOWN HATCHED ARE CHANGED FROM EXISTING. 3_ ALL ROOF ASSEMBLIES MUST BE CLASS 'A' PROJECT NO: lr.702-13 w w � Q 0 e U m W IL w d H 1H m c m z N LU IL p N U) p I I I I I I I I I I I I I I I I I I I I L 3zdz IL--------------- ------------------------------------ I I I I I I I I I I I I L-------------------- �IIIIIIIIIIIIIIIII �IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII L-------- J I I LU LU I I I I I I � I I I I I I i I I N LU � Q Z fL I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L -------------------------- --------------------------J PROPOSED ]ROOF PLAN 3/1611 ROOF NOTE&: 1. ROOF MATERIAL ON NEW ROOF MASS TO BE DAVINCI SYNTHETIC SHAKE ROOFING. ALL OTHER ROOF AREAS TO REMAIN UNCHANGED. 2_ ROOF AREAS SHOWN HATCHED ARE CHANGED FROM EXISTING. 3_ ALL ROOF ASSEMBLIES MUST BE CLASS 'A' PROJECT NO: lr.702-13 w m O w w � Q 0 e U m W IL w d H 1H m c m z N LU IL p N U) p z w LULUp � Z U � w m O A1.4 w � Q 0 e 0 m W w w Cn m c z A1.4 June 7, 2016 - Page 101 of 163 OF05 3/16" June 7, 2016 - Page 102 of 163 FIFTH FLOO NOTES: UNIT 501 (5A): 4 BEDROOMS PROPOSED GRFA: 2255 of 5tH FLOOR (110 of INCREASE) 416 of LOFT (154 of INCREASE) 2131 of TOTAL (264 of INCREASE) UNIT 502 (55). 2 BEDROOMS PROPOSED GRFA: 1456 of 5tH FLOOR (51 of INCREASE) 515 of LOFT (515 of INCREASE) IS -11 of TOTAL (512 of INCREASE) i I � I OPEN TO BELOW I � I I I EXIST. K LOFT I I ----------------------� I I I I Hwy I I I W ap I I to I I -� I I I I I I I -------------------------� I L ----------- LADDER DOWN OPEN TO BELOW 154 SF OF NEW FLOOR AREA CONVERTED FROM ATTIC SPACE TO INDIVIDUAL UNIT L----------- I —� 515 OF OF NEW FLOOR AREA CONVERTED FROM ATTIC SPACE TO NdDIVIDUAL UNIT - ATTIC SPACE UNDER ROOF STRUCTURE ATTIC SPACE UNDER ROOF STRUCTURE ---------- 1-71 ATTIC SPACE UNDER ROOF STRUCTURE THIS LOCATION AND NEW S�IIo ° I ' �--� L � LOFT F---1 ^ I I I I I I___� I DN ISR . sm�� IOS OF OF NEW FLOOR AREA CONVERTED FROM ATTIC SPACE TO COMMON AREA OPEN TO BELOW OPEN TO BELOW OPEN TO BELOW PROPOSED LOFT FLOOR LEVEL 311ro 11 11-011 LOFT NOTES: UNIT 501 (5A): PROPOSED GRFA: 416 sf LOFT (154 of INCREASE) UNIT 502 (55): PROPOSED GRFA: 515 of LOFT (515 of INCREASE) COMMON AREA/ MECHANICAL: PROPOSED: 281 of TOTAL (45 of NET DECREASE) PROJECT NO: 1502-13 W m p w W 0 0 U m LU m d w cn m U m z N w It p 0 cn p z W LU p � Z W O W m p A1.6 w 0 0 0 m LU m w cn m U z A1.6 T EXIStING RIDGE EL.= 1-14'-4I 4'-4 1/2" _ _ _ _ _ _ _ -- _ _ _ I � SOLAR POWERED ROPOSED RIDGE EL.= 168'-3 1/2" - SKYLIGHTS - - EXISTING RIDGE EL.= 164'_10 1/2" I ROOF PLATE HEIGHT= 155'-0"_ FIFTH FLOOR EL.= 145'_0" _ FOURTH FLOOR EL.= 135'-0" THIRD FLOOR EL.= 125'-0" _ SECOND FLOOR EL.= 115'-0" FIRST FLOOR EL.= 105'-0" UNDERSIDE SLAB EL.= 102'-8" PARKING LEVEL 2 EL.= 93'-0" _ 3 DAVINCI SYNTHETIC SHAKE CLASS "A" ROOF ON NEW ELEMENT BETWEEN 4 5 6 EXISTING RIDGE EL.= 1-14'-4 1/2" POSED RIDGE EL.= 168'-3 1/2" STING RIDGE EL.= 164'-10 1/2" ROOF PLATE HEIGHT= 155'-0" — FIFTH FLOOR EL.= 145'-0" _ ZTH FLOOR EL.= 135'-0" THIRD FLOOR EL.= 125'-0" SECOND FLOOR EL.= 115'-0" FIRST FLOOR EL.= 105'-0" COMMERCIAL LEVEL EL.= 95'-0" PARKING LEVEL 1 EL.= 83'-011- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PARKING LEVEL 1 EL.= 83'-0" 5OUTH ELEVATION - FIROF05EID 1/8" I 2 EXISTING RIDGE EL.= 1-14'-4 1/2" I I EXISTING RIDGE EL.= 164'_10 1/2" I I ROOF PLATE HEIGHT= 155'-0"_ PARKING LEVEL 2 EL.= 93'-0" T I I' 1'-0" EXISTING RIDGE EL.= 1i4'-4 1/2" I EXISTING RIDGE EL.= 164'-10 1/2" ROOF PLATE HEIGHT= 155'-0" — uu uu u u u uuw_ uuuuuuuuuuuuuuuu,_.I I, I I l SECOND FLOOR EL.= 115'-0"E771 E:I.FI I FIRST FLOOR EL.= 105'-0" I F 1 1 I COMMERCIAL LEVEL EL.= 'W-0" PARKING LEVEL 2 EL.= 93'-0" — PARKING LEVEL 1 EL.= 83'-011_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PARKING LEVEL 1 EL.= 83'-0" — SOUTH ELEVATION - EX15TING 1/8" June 7, 2016 - Page 103 of 163 O V 1 O O W V �l TT ll I—I I --I O O 1 ^ W � � M O � O � O V PROJECT NO: 1502-13 LU 4 U m N LU (210 Cl z wf� LU � Z O LLI U Q LLI 73 m Q LU 0 0 m w m LU m z A2.1 00 O M -I O1 O� a UU � W � LTJ 0 b O V 1 O O W V �l TT ll I—I I --I O O 1 ^ W � � M O � O � O V PROJECT NO: 1502-13 LU 4 U m N LU (210 Cl z wf� LU � Z O LLI U Q LLI 73 m Q LU 0 0 m w m LU m z A2.1 O © © 00 4 T EXISTING - -•• •- TOWERS w/ POWER OPERATED AWNING WINDOWS ROPOSED RIDGE EL.z 168'-3 1/2 III III .• .�� EXISTING � 1 lirr�■i■r�ii■r�■i■r�■i■r�■i■r�■i■r�■ir•1 �Jirt�Jlrrt�Jlrrt�Jtlrrt�Jirt�Jirt�Jirt�Jii RIDGE 164'-101/2" soEiriiOi�ltlivii irri�ir�i�ir�� DAVINCI SYNTHETIC �4- SMININ rtrJlrrtrJllrrtrJlrrrrJ�rtrJ�r CLASS "A" ROOF: ON 4THII II `�irililfiCi�ilfir��lfirl 4 5TH LEVELS ONLY iir�lt►�M III IIIA`rlri����'t�Jlrrt�Jlrrt�Jlrrt�Jlrrt�Jlrrt�Jlrrt�111rrI��J�rt�J�rt�J�rt�Jlrrt�J`rt�Jirt�Jlrrt�J�rl><�J!Irl it±i�l��= � IIA III � �r�►iiri j�iri j�iri j�iri j�iri j�iri jai �i jMir����r���iNl, � ���i!ri/�ir!���!�r���iH�jhir/1� Jr±i�lrr±�rrr±�rrr±��rr±��rr±�rrr±�rrr■u�\i±��i\-ir..%' ��ir�:r�r±���\—�r��!��\�■±mil 11i�r�Tl�iy�1 IIIA III r I Ir�li�ir�iiir�iiir��iir��iir���ir���ir���irui�ir���ir ' ` ir�i�ir�i�ir�iiii�liiii�� �rlr�J���t�J�rt�J�rt�J�rt�J�rt�Jt�rt�J�rt�J�rlr�J�r���" �ROOF - OL LOFT FLOOR EL.z l54'-4"_ � �.� ��i� �� �� �i � aC�-:�Cr=s-' .±iii ■ ■■ 1■!■■ ■ .� ��■� i NEW IIII _�irr±���rr±��rrr±��rrr± DORMER -.. nl I M � �tlir��lfir��lfir��lfir��lfi� ARCH TOP -. WINDOW AND DOOR _1 _F M ' I J!rr�Jlrrt�Jlrrt�JIrrt�JIrrt�J_�i FNI 1. -------------------------------------- �i!�iir�iiir�iiir�iiir�iiirr - - - - - - 0000 FLOOR, -- ►7i:isisisisisisisisisisisisisisisisisisisisisisisisisisisisisi:i:i:i:i:i:i:i:i:i:i:i:i:i:i1� i=1:1:i:i:i:im.1111 II 011ilf111Mijf11111jijiNl/'' _—_ _---_ --_ PARKING LEVEL 2 EL.= 93'-0" EXISTING RIDGE EL.= 114'-4 1/2" 1 PROPOSED RIDGE EL.= 168'-3 1/2" EXISTING RIDGE EL.= 164'-10 1/2" ROOF PLATE HEIGHT= 155'-0" FIFTH FLOOR EL.= 145'-0" _ nrl F -I F1 FOURTH FLOOR EL.= 135'-0" FFFF I THIRD FLOOR EL.= 125'-0" PARKING LEVEL I EL.= 83'-011- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PARKING LEVEL I EL.= 83'-0" 5OUTH ELEVATION - FREVIOU5L� APPROVED 1/8" 11-011 F E EXISTING RIDGE EL.= 114'-4 1/2" IL EXISTING RIDGE EL.= 164'-10 1/2" * ROOF PLATE HEIGHT= 155'-0" * THIRD FLOOR EL.= 125'_0" _ * SECOND FLOOR EL.= 115'-0" _ * FIRST FLOOR EL.= 105'_0" COMMERCIAL LEVEL EL.= 95'-0" I IuI f PARKING LEVEL 2 EL.= 93'-0" - - - - - - - - - -IF S - 4 - STING RIDGE EL.=_114'-4 1/2" iTING RIDGE EL.= 164'-10 1/2" ROOF PLATE HEIGHT= 155'-0" FIFTH FLOOR EL.= 145'-0" FOURTH FLOOR EL.= 135'-0" THIRD FLOOR EL.= 125'-0" _ SECOND FLOOR EL.= 115'-0" _ FIRST FLOOR EL.= 105'-0" _ HKING LEVEL 2 EL.= 93'-0" PARKING LEVEL I EL.= 83'-0"_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PARKING LEVEL 1 EL.= 83'-0" EAST ELEVATION - EX15TING NO GHCx ANES11-011 June 7, 2016 - Page 104 of 163 l✓ r 1 °�o l M-1 O1 O� �O r� U c� V bA � M � V O LTj 0 b O V 1 O O W V �l TT ll I—I I --I � o � W � � M O � O � F—I O V PROJECT NO: 1502-13 LLI 4 U m N W (21p N cn p z Lu LU p � Z � Lu O U Q LLI 73 m p L 0 0 m w Lu Lu z A2.21 PARKING LEVEL 1 EL.=_83'-0" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PARKING LEVEL 1 EL.= 83'-0" NORTH ELEVATION - FIROF05EID 1/8" III FF T I L !.I 2 1 dk EXISTING RIDGE EL.= 1-t4'-4 1/2" I I I I I I EXISTING RIDGE EL.= 164'-10 1/2" FT T I I I I I I I T I I I I I I I I I I I 1 I I I PARKING LEVEL 2 EL.= 93'-0" _ _ _ _ ------ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PARKING LEVEL 2 EL.= SV -0" PARKING LEVEL 1 EL.=_83'-0" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PARKING LEVEL 1 EL.= 83'-0" NCRT�4 ELEVATION EX15TING 1/8" June 7, 2016 - Page 105 of 163 O V1 0 H O W V �l TT ll I—I I --I O O W � � M O � CA CA O � O PROJECT NO: 1502-13 LI 4 U m N w (21p N cn p z L1 LU p � Z LI O U Q LI 73 m p L Q c<1 Lij m L C', Z A2.31 o� a r� U V bA � M � (_U o LTj 0 b O V1 0 H O W V �l TT ll I—I I --I O O W � � M O � CA CA O � O PROJECT NO: 1502-13 LI 4 U m N w (21p N cn p z L1 LU p � Z LI O U Q LI 73 m p L Q c<1 Lij m L C', Z A2.31 T NEW ROOF BETWEEN ELEVATOR TOWERS w/ POWER OPERATED AWNING WINDOWS T 3 Ciel. ----------- --------- ;---; --------- m 7F1 2.1 2 u u I EXISTING RIDGE EL.= 1i4'-4 1/2" I I I I I ' PROPOSED RIDGE EL.= 16i -8 3/4" EXISTING RIDGE EL.= 164'-10 1/2"Zyl NEW DORMER ROOF AND ADJACENT ROOF CHANGES. NEW WINDOWS IN DORMER ROO_F PLATE_ HEIGHT= FIFTH FLOOR EL.= 145'-0" I , , ILL I ti I I I I I 1 � FOURTH FLOOR EL.= 135'-0" o Z 00 U M--1 O nE I I � 1 Aga u THIRD FLOOR EL.= 125'-0" _ rr�ll U U Q SECOND FLOOR EL.= 115'-0" <r , I I � FIRST FLOOR EL.= 105 -0�� I I I I I I I I I I I I I I I I I I PARKING LEVEL 2 EL.= 93'-0" - - - - ------ -- - - - - - - - - - - - - - - - - - - - - - - - - - - - PARKING LEVEL 2 EL.= 93'-0" PARKING LEVEL 1 EL.=_83'-0" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PARKING LEVEL 1 EL.= 83'-0" NORTH ELEVATION - FREVIOU5L� APPROVED 1/8" 11-011 B C D E F EXISTING RIDGE EL.= 114'-41 _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ --------------- EXISTING RIDGE EL.= li4'-4 I/2"- I I I I NEW DORMER ROOF AND ADJACENT ROOF CHANGES. I I I EXISTING RIDGE EL.= 164'-10 1 _ _ _ _ _ _ _ _ I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ OIL EXISTING RIDGE EL.= 164'-10 1/2" Qe:)rp PI ATF W;=Ie-,WT= 155'-01, I Rne--x PI ATF W;=It-,WT= 155'-n-1 PARKING LEVEL I EL.= 83'-0" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PARKING LEVEL 1 EL.= 83'-011- - WE5T ELEVATION - PREVIOUSLY APPROVED11-011 June 7, 2016 - Page 106 of 163 O V 1 O O W V �l Q�a W O O W � � M O � O O V PROJECT NO: 1502-13 LI 4 U CIA N w 1L (21p N cn p z L1 Lu p � Z LI O U Q LI 73 m p L Q nl w m L m D A2.41 B C D E F EXISTING RIDGE EL.= 114'-4 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ EXISTING RIDGE EL.= 114'-4 1/2" III Hill III Hill III I SOLAR POWERED EXISTING RIDGE EL.= 164'-10 1 _ _ _ _ _ _ _ _ _ _ _ SK _IGHTS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ EXISTING RIDGE EL.= 164'-10 1/2" i HIM Hill I� Hill 11 Hill 11 Hill III Hill ROOF PLATE 1-IEIGI-IT= 155'-0" I ROOF PLATE 1-IEIGI-IT= 155'-0" � Q O ti PARKING LEVEL 1 EL.= 83'-0" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PARKING LEVEL I EL.= 83'-011 _ WE5T, 1/8" NATION - OPOS 1'-0" B B C D E F EXISTING RIDGE EL.= 114'-4 1 _ _ ------ _ _ _ _ _ _ _ _ _ _ --------------------------- _ EXISTING RIDGE EL.= 114'-41/2" iiiiii hill 111111111 11 1 111 11 1 1 IYN I 111 11 EXIStING RIDGE EL.= 164'-10 _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ I ------ __ _ _ _ _ _ _ ------ _ _ EXISTING RIDGE EL.= 164'-10 I/2" III mililill IIIIIII IIIIIII III ROOF PLATE 1-IEIGI-IT= 155'-0" ROOF PLATE I-IEIGI-IT= 155'-0" PARKING LEVEL 1 EL.= 83'-0" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PARKING LEVEL I EL.= 83'-0"_ WE5T ELEVATION - EX15TING11-011 June 7, 2016 - Page 107 of 163 O V1 0 O W V I� O TT ll I—I I --I O O W � � M O � O � F—I O V PROJECT NO: 1502-13 4 U m N w (21p N U) p z w LU p � Z � ua O U Q U! 73 CID p L Q nl w m �^ w vJ m z A2.51 Q.) 0� Z 00 o o� r� U V � bA � M � LTJ 0 b O V1 0 O W V I� O TT ll I—I I --I O O W � � M O � O � F—I O V PROJECT NO: 1502-13 4 U m N w (21p N U) p z w LU p � Z � ua O U Q U! 73 CID p L Q nl w m �^ w vJ m z A2.51 41199 HIGHWAY 6 & 24, EAGLE-VAIL P.O. BOX 1230 EDWARDS, CO. 81632 (970)949-1406 SpUTH FRONT STORM - A �e ROAD INLET 0 \-�� INTERSTATE 7 BOX � O R � pW \� �\ TOP/BACK CURB STORM /EDGE ASPHALT ROAD _ H GRATE TOP/BACK CURB FLOWLINE ( PAVER r� _ PAN F WALK 1 0.6' STEEL/ CONC. POST 0.3' DRAIN 0.6' STEEL/ CONC. POST CONC. WALK 0.3' DRAIN STEEL a ° FENCE DOWNSPOUT %� 1 S7946'00,,E DRAINCOCH RE 1 4.08' 80.9 ° -><CONC. r 1 1' DRAIN • WALK 1' DRAIN® I 1 0.5' DRAIN 13. 1 1 I 1 JI 42 +/_,° 2' ELEC. � ' STORM GRATE em 29.2' TRANSFORMER 5 _ 11.3'Od d 3 .91 27.5' 00 C %I`'4 2. 9, ECKI�N • 1' DRAIN Q S10'14'E 21'+/- HOLY CROSS EASEMENT 7.9, AS RECORDED IN 8326, P932. BUILDING WALL LINE 2.1'X27.8' 1 BUILDING N09'30'00"E al° OVERHANG 190.44' 27.5• VAIL PLAZA HOTEL 0.3' DRAIN O O �❑O ❑ ❑ RESORT CLUB ❑ ❑ ❑ ❑ ❑ e�� ❑ o e ❑ `r 1' DRAIN ❑ N ❑ ❑ ❑ ❑ 28.0' 0.3' DRAIN ❑a ❑ ❑ ❑ ❑ ❑ EPT99 ;/< u ElEf"R ❑ El❑ El❑❑❑❑ STONE VENEER 0.7' DRAIN N80'30'00"W • 0.7' DRAIN 56.60' VAIL VILLAGE PLAZA CONDOMINIUMS June 7, 2016 - Page 108 of 163 00 PAVER a ° PATIO CONCRETE 27.4' DRIVEWAY ' 3 P V_ DOWNSPOUT DRAIN 80.1 a.Z `. ri 40.0' 0 Ki 5.7 X9.9 ° co s .• / / VENT ° ° / JCAL 80X a O VILLAGE INN PLAZA 2.o'x27.8' 20 00' CONDOMINIUMS BUILDING OVERHANG I a AREA 1.074 ACRES LS#30116 IBUILDING 6 STORY STUCCO/WOOD ° BUILDING WITH PARKING OVER ANG a ` GARAGE BELOW o°3' STEEL I a ° PIPE 1 DOWNSPOUT DRAIN \ 12.0' _ _ 12.0' tXtXtk NSPOUT DRAIN DECK X 00 io \ IN TRENCH DRAIN ; DOWNSPOUT DRAIN 80.1 a.Z `. ri 40.0' 0 Ki STAIRS H4 N 39'30'00"W 82,00' PAVER WALK STAIRS ... N1 0*1 3'02"E 52.98' 1' UTILITY MANHOLE o 27.s' OECIC I w C; PATIO N ABOVE GARAGE -7-,_27.5' cTcac I 1414MI.1 GAS VALVE HOUSING ro M 0.64�_,j BUILDINGf\2 OVERHAN 3 STORY STUCCO/WOOD BUILDING 7.3 18.7' (BELSTA OW (RWELL OVERHANG) i I I •� J Cd_ _ DECK L 10.1' - C5 CONCRETE LANDING 0.9� ` � 11� 0.3' ro N N (n O O fv W 6 O M N N OD S82.18 -E 6.1' AIRS VENT N00'04'W 147.5' 12.0' 12.1' 1 10' EASEMENT FOR HOLY CROSS ELECTRIC 321ASSOC. REORDED IN B222, EAST MEADOW DRIVE (40' R. p, W.) TOPOGRAPHIC LOCATES TAKEN TO CONSTRUCTION FENCE AT BACK OF WALL. LOT P CROSSROADS OF VAIL A CONDOMINIUM SITE UNDER CONSTRUCTION. BUILDING OUTLINE NUMEROUS OVERHANGS, WALLS AND DECKS NOT SHOWN LOT P CROSSROADS OF VAIL A CONDOMINIUM STAIRS / FD NAIL & WASHER LS #27598 NOTES: 1) DATE OF SURVEY: 12/23/13 2) SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR AMENDED PLATS, EASEMENTS OF RECORD (OTHER THAN PLATTED), ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. 3) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 4) BASIS OF PROPERTY LINE LOCATION: FOUND MONUMENTS AT CORNER SECTION 5/6/7/8 AND N 1/16 COR SECTION 7/8 T5S, R80W, 6TH P.M. 5) BEARINGS AND DISTANCES ALONG PROPERTY LINES SHOWN HEREON ARE AS SHOWN ON THE SUBDIVISION PLAT ONLY. A BOUNDARY SURVEY WOULD BE NECESSARY TO DETERMINE THE TRUE DIMENSIONS OF THE LOT AND SETBACKS, WHICH MAY VARY FROM THE PLATTED DIMENSIONS. 6) THIS SURVEY AND THE INFORMATION CONTAINED HEREON IS THE PROPERTY OF EAGLE VALLEY SURVEYING, INC. AND IS INTENDED FOR THE SOLE USE OF THE ORIGINAL CLIENT ONLY. ANY USE OF OR TRANSFER TO OTHERS IS PROHIBITED. 7) AREAS OF BUILDING/PARKING GARAGE BELOW GROUND ARE NOT SHOWN ON THIS DRAWING. LEGEND ® DENOTES SEWER MANHOLE (E DENOTES ELECTRIC MANHOLE ua DENOTES WATER VALVE .. DENOTES SPRINKLER VALVE p DENOTES TV HANDHOLE 0 DENOTES UTILITY HANDHOLE ® DENOTES ELECTRIC HANDHOLE DENOTES LIGHT POLE ♦ DENOTES STAND PIPE o DENOTES ELECTRIC OUTLET ® DENOTES SCULPTURE X DENOTES SEWER CLEANOUT I DENOTES SIGN V DENOTES FIRE HYDRANT • DENOTES GAS VALVE 0 DENOTES GAS METER DENOTES ROCK WALL ® DENOTES STONE VENEER WALL ® DENOTES WOOD TIE WALL ® DENOTES CONCRETE WALL DENOTES BLOCK WALL IMPROVEMENT LOCATION CERTIFICATE I hereby certify that this Improvement Location Certificate was prepared for that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building or other future improvement lines. I further certify that the improvements on the above described parcel on this date, 12/23/13, except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. Mason L. Torry Colorado P.L.S. 38233 Date: \ N09'30'00"E F uNo AIL 20 00' &WASHER LS#30116 IBUILDING N o, OVER ANG STORM GRATE \ 12.0' _ _ 12.0' BUILDING OUTLINE \ DECK X io \ IN DECK N STAIRS H4 N 39'30'00"W 82,00' PAVER WALK STAIRS ... N1 0*1 3'02"E 52.98' 1' UTILITY MANHOLE o 27.s' OECIC I w C; PATIO N ABOVE GARAGE -7-,_27.5' cTcac I 1414MI.1 GAS VALVE HOUSING ro M 0.64�_,j BUILDINGf\2 OVERHAN 3 STORY STUCCO/WOOD BUILDING 7.3 18.7' (BELSTA OW (RWELL OVERHANG) i I I •� J Cd_ _ DECK L 10.1' - C5 CONCRETE LANDING 0.9� ` � 11� 0.3' ro N N (n O O fv W 6 O M N N OD S82.18 -E 6.1' AIRS VENT N00'04'W 147.5' 12.0' 12.1' 1 10' EASEMENT FOR HOLY CROSS ELECTRIC 321ASSOC. REORDED IN B222, EAST MEADOW DRIVE (40' R. p, W.) TOPOGRAPHIC LOCATES TAKEN TO CONSTRUCTION FENCE AT BACK OF WALL. LOT P CROSSROADS OF VAIL A CONDOMINIUM SITE UNDER CONSTRUCTION. BUILDING OUTLINE NUMEROUS OVERHANGS, WALLS AND DECKS NOT SHOWN LOT P CROSSROADS OF VAIL A CONDOMINIUM STAIRS / FD NAIL & WASHER LS #27598 NOTES: 1) DATE OF SURVEY: 12/23/13 2) SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR AMENDED PLATS, EASEMENTS OF RECORD (OTHER THAN PLATTED), ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. 3) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 4) BASIS OF PROPERTY LINE LOCATION: FOUND MONUMENTS AT CORNER SECTION 5/6/7/8 AND N 1/16 COR SECTION 7/8 T5S, R80W, 6TH P.M. 5) BEARINGS AND DISTANCES ALONG PROPERTY LINES SHOWN HEREON ARE AS SHOWN ON THE SUBDIVISION PLAT ONLY. A BOUNDARY SURVEY WOULD BE NECESSARY TO DETERMINE THE TRUE DIMENSIONS OF THE LOT AND SETBACKS, WHICH MAY VARY FROM THE PLATTED DIMENSIONS. 6) THIS SURVEY AND THE INFORMATION CONTAINED HEREON IS THE PROPERTY OF EAGLE VALLEY SURVEYING, INC. AND IS INTENDED FOR THE SOLE USE OF THE ORIGINAL CLIENT ONLY. ANY USE OF OR TRANSFER TO OTHERS IS PROHIBITED. 7) AREAS OF BUILDING/PARKING GARAGE BELOW GROUND ARE NOT SHOWN ON THIS DRAWING. LEGEND ® DENOTES SEWER MANHOLE (E DENOTES ELECTRIC MANHOLE ua DENOTES WATER VALVE .. DENOTES SPRINKLER VALVE p DENOTES TV HANDHOLE 0 DENOTES UTILITY HANDHOLE ® DENOTES ELECTRIC HANDHOLE DENOTES LIGHT POLE ♦ DENOTES STAND PIPE o DENOTES ELECTRIC OUTLET ® DENOTES SCULPTURE X DENOTES SEWER CLEANOUT I DENOTES SIGN V DENOTES FIRE HYDRANT • DENOTES GAS VALVE 0 DENOTES GAS METER DENOTES ROCK WALL ® DENOTES STONE VENEER WALL ® DENOTES WOOD TIE WALL ® DENOTES CONCRETE WALL DENOTES BLOCK WALL IMPROVEMENT LOCATION CERTIFICATE I hereby certify that this Improvement Location Certificate was prepared for that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building or other future improvement lines. I further certify that the improvements on the above described parcel on this date, 12/23/13, except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. Mason L. Torry Colorado P.L.S. 38233 Date: TOWN OF Memorandum To: Planning and Environmental Commission From: Community Development Department Date: April 14, 2014 Subject: A request for a recommendation to the Vail Town Council on a major amendment to a Special Development District No. 6, Vail Village Inn, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3) /Lot ❑, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130046) Applicant: Deltec Bank and Trust, represented by Eggers Architect Planner: Jonathan Spence I. SUMMARY The applicant, Deltec Bank and Trust, represented by Eggers Architect, is requesting a recommendation to the Vail Town Council on a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow, Units 501 and 502, (Vail Village Inn, Phase 3). Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the major amendment to Special Development District (SDD) No. 6, Vail Village Inn, subject to the findings noted in Section VIII of this memorandum. li. DESCRIPTION OF THE REQUEST The applicant is proposing to add approximately 277 square feet of GRFA to Unit 501 and approximately 515 square feet of GRFA to Unit 502. Components of this project include: • The main floor entrance of Unit 501 will expand into the existing common area, capturing 103 square feet of floor area. This expansion coincides with a complete interior remodel of that level. June 7, 2016 - Page 109 of 163 • The existing 322 square foot loft of Unit 561 is proposed to be remodeled to include a bedroom suite and loft area with an increase of 174 square feet. • A new roof element is being added to Unit 501 to meet egress requirements for the bedroom suite and loft area. The roof will present as a dormer on the north elevation and as a gable end element on the south elevation. The ridgeline of the proposed gable matches the existing ridgeline of the building. • The existing 5th floor deck of Unit 501 is proposed to be enlarged to coincide with the new roof element. • Unit 502 is proposing an interior remodel that includes a new loft in the attic area above the unit currently occupied by a suspended mechanical mezzanine. The mechanicals will be relocated and the 515 square foot loft will consist of an exercise room with an attached bath and steam room. • A shed dormer is proposed to provide natural lighting to the new loft area of Unit 502. This dormer bridges the existing tower elements and is approximately three (3) feet above the existing ridge. • All new roof elements and the existing roofs of levels four and five will be clad in DaVinci Shakes. The existing roof was shingled with natural wood shakes in 2005. The remaining wood shingle elements in existence on levels two and three will be replaced in the future with DaVinci Shakes to match. • Replacement of the existing outdated street lights located along the Frontage Road with lights that meet Town of Vail specifications. The applicant has provided a written description of their request, (Attachment A) and plans, (Attachment B), both dated April 4, 2014. Ill. BACKGROUND In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No.6, Vail Village Inn. The purpose of SDD No.6 is to assure the comprehensive development and use of an area of land in a manner that would be harmonious with the general character of the town, provide adequate open space and recreation amenities, and promote the objectives of the zoning ordinance of the town. Ordinarily, a special development district will be created only when the development is regarded as complementary to the Town by the Town Council, Planning and Environmental Commission, and Design Review Board, and there are significant aspects of the development which cannot be satisfied under the existing zoning. Town of Vail Page 2 June 7, 2016 - Page 110 of 163 Project History: The following is a summary of the existing phases and development for the Vail Village Inn Special Development District (SDD No. 6): Phase I- This phase consists of the buildings located at the southeast corner of the District. Phase I includes one residential dwelling unit approximately 3,927 square feet in size and nine commercial/retail spaces. The original development plan for Phase I called for 16,128 square feet of commercial space, and no GRFA. The Alpenrose Restaurant is part of Phase I. Phase II- This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase II is generally located in the center of the District and includes the Claggett-Rey Gallery. Phase III- This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase III is located at the northeast corner of the District. Phase IV- This is the original, oldest and most recently redeveloped Phase in the District. This Phase (The Sebastian) consists of two residential dwelling units totaling approximately 6,827 square feet in size, one hundred accommodation units and forty-nine fractional fee units comprising approximately 97,788 square feet of floor area. Phase IV is generally located in the northwest corner of the District. Phase V- This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retail spaces. Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. This phase includes the La Botega restaurant. Ordinance No. 1, Series of 1985 (March, 1985) granted 120,600 square feet of GRFA to SDD No. 6. This ordinance also required a minimum of 175 accommodation units (AUs) and 72,400 square feet of GRFA, devoted entirely to AUs in Phase IV. Ordinance No. 14, Series of 1987 (May, 1987), amended Phase IV of SDD No. 6. The amendment allowed Phase IV to be broken into two distinct and separate phases, which were called Phase IV and Phase V. This ordinance also set the maximum GRFA for the SDD at 120,600 square feet. Further, the ordinance required a minimum of 148 AUs and 67,367 square feet of GRFA devoted to AUs in Phases IV and V. Town of Vail Page 3 June 7, 2016 - Page 111 of 163 Ordinance No. 24, Series of 1989 (November, 1989) amended the density section of SDD No. 6. This ordinance modified the SOD by increasing the allowable GRFA to a total of 124,527 square feet. This allowed Unit No. 30 (originally Good's retail) in the Vail Village Plaza Condominiums to be converted from commercial to residential use. The space consists of 3,927 square feet of GRFA, and the conversion to residential use has been completed. This ordinance also maintained the approval for a minimum of 148 AUs and 67,367 square feet of GRFA, devoted to AUs, in Phases IV and V of SDD No.6. Ordinance No. 1 and No. 4, Series of 2000, a major amendment to Special Development District No. 6 was approved to allow for construction of the Vail Plaza Hotel. Ordinance No. 15, Series of 2001 adopted a revised Approved Development Pian for Phase II, which brought the total allowable GRFA for the entire SDD No. 6 to 182,325 square feet. Ordinance No. 21, Series of 2001 adopted a revised Approved Development Pian for Phase IV (i.e. Vail Plaza Hotel), and did not specify, in the form of a revised Approved Development Plan, the total allowable GRFA for the entirety of SDD No. 6. Ordinance No. 32, Series of 2003, adopted a major amendment to SDD No. 6, allowing for the construction of a new dwelling unit above the Alpenrose Restaurant location, which increase the amount of allowable GRFA for the entire SDD to 184,708 sq. ft. and increase the density to 13 DU's per acre. Ordinance No. 6, Series of 2005, adopted a major amendment to SDD No. 6, revising the amount of allowable GRFA for the entire SDD to 186,561 sq. ft. and increasing the density to 13.25 DU's per acre. IV. APPLICABLE PLANNING DOCUMENTS A. 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. Town of Vail Page 4 June 7, 2016 - Page 112 of 163 B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-9A, SPECIAL DEVELOPMENT DISTRICT (in part) 12-9A-1: Purpose and Applicability: R. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas, and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. Town of Vail Page 5 June 7, 2016 - Page 113 of 163 V. Vi. B. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, single-family residential, two-family residential and two-family primarylsecondary residential. 12-9A-10: AMENDMENT PROCEDURES: B. Major Amendments: Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12- 9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. SURROUNDING LAND USES Land Uses Zoning North: CDOT right-of-way Not Zoned South: Mixed Use Public Accommodation East: Mixed Use SDD #39 (Solaris) West: Multiple Family SDD #21 (Gateway) ZONING ANALYSIS/SDD #6, PHASE III Development Standard Approved/ Existing Proposed Change Gross Residential Floor Area (GRFA) Unit 501 2,467 sq. ft. 2,744 sq. ft. +277 sq. ft. Unit 502 1,399 sq. ft. 1,914 sq. ft. +515 sq. ft. Total SDD #6 186,561 sq. ft. 187,353 sq. ft. +792 sq. ft. (0.4%T) Parking 108 spaces 108 spaces 1.4 s aces per unit 1.4 spaces per unit No change Dwelling Units DUs 11 Dwelling Units 11 Dwelling Units No change Height 5 stories (74.3' per 5 stories (74.3' per No change (new roof SDD) SDD) elements @ 67.6' Town of Vail Page 6 June 7, 2016 - Page 114 of 163 Site Covera e 55%(per SDD 38% 1 No change Landscaping 30% (per SDD) 157% 1 No change VII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA Before acting on a major amendment to a special development district amendment application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal - 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. In contrast to other phases of SDD #5, Phase III has seen relatively few amendments. The structure has seen minor changes since its original construction, mainly exterior window updates and interior remodels, but remains largely unchanged from its original build. The proposed modifications will add interest and detail to the building and assists in its relationship to the more recently constructed adjacent properties. Staff believes that the proposed additions are compatible with the neighborhood related to architectural design and style. The additions will have a minor effect on the building's perceived mass and scale. The application has followed the guidelines recommended in the Vail Village Urban Design Standards by locating the infill out of sun/shade or views as illustrated by the drawings below- Pedestrian Level Town of Vail Sun/ShadelViews f -R■ it �. ■ ��- � ._F : � : -� � �'� _.__ ___ _- J y _..."... Page 7 June 7, 2016 - Page 115 of 163 Sun/ShadeNieGrs SunrShadei\iiews 44 Flo':: of Roof Forms U Level Pedestrian Level The proposal complies with the overall height limit of the district as the proposed dormers do not increase the building's height. The new roof forms follow the flow of the existing roof forms to allow the viewer's eye to carry, resulting in a complete building whose additions are not over dominant or recognizable. The building additions are of appropriate scale for the structure and are compatible with the character of the neighborhood. Staff finds the proposal does comply with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposal does not propose to change any of the uses, activity, or densities which are currently constructed within the project. The proposal to increase the allowable GRFA within the SID❑ requires mitigation of the impacts to employee generation pursuant to Chapter 12-24, Inclusionary Zoning, Vail Town Code. The applicant has stated in their written materials that the pay -in -lieu option would be selected if the proposal were approved. An increase in the allowable GRFA by 792 square feet results in a pay -in -lieu fee of $10,664.00 (79.2 s. f. x $134.65) under the existing adopted fee schedule. The pay -in -lieu fee is currently under its annual review with potential changes occurring in April. The required payment is calculated at the time of building permit submittal and may be different that the number above. Staff finds the proposal complies with this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter TO of this title. Town of Vail Page 8 June 7, 2016 - Page 116 of 163 The proposal to add approximately 792 square feet of GRFA to Units 501 and 502 do not change the required parking or loading and delivery requirements for the development. As a component of the approval for the Sebastian, its developer was required to provide a centralized loading and delivery facility for the use of all owners and tenants within SDD #6 and also to be made available for public and/or private loading and delivery programs. The continued use of this facility is vital in mitigating the loading and delivery impacts upon Vail Village. Staff finds the proposal complies with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff has reviewed the Vail comprehensive plan and found the following documents and associated goals, objectives, statements applicable to this proposal. Vail Land Use Plan (in part) 1. General Growth 1 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4. Village Core 1 Lionshead 4.1. Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Town of Vail Page 9 June 7, 2016 - Page 117 of 163 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. Vail Village Master Plan (in part) V. GOALS, OBJECTIVES. POLICIES AND ACTION STEPS GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE iN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.1: implement a consistent development review process to reinforce the character of the Village. Policy 1.1.1: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. VII. VAIL VILLAGE SUB -AREAS A major goal of this Plan is to address the Village as a whole and at the same time be sensitive to the opportunities and constraints that may exist on a site specific basis. To facilitate long range planning unique to each area of the Village, ten different sub -areas are delineated in this Plan. Sub -areas were determined based on a number of different considerations. Foremost among these were: design and site characteristics geographic or physical boundaries land uses and ownership patterns Each of the fen sub -areas have been evaluated relative to the overall goals, objectives, and policies outlined for Vail Village. The potential improvement projects, referred to as sub -area concepts, which have emerged from this evaluation are graphically represented on the Action Plan. These sub -area Town of Vail Page 10 June 7, 2016 - Page 118 of 163 concepts are physical improvements intended to reinforce the desired physical form of the Village as outlined in the various elements of the Master Plan. The 70 sub -areas (which follow), provide detailed descriptions of each sub -area concept and express the relationship between the specific sub -area concepts and the overall Plan. The applicable goals and objectives are cited for each of the sub area concepts at the end of each description under "special emphasis." The sub -area concepts described in this Section are meant to serve as advisory guidelines for future land use decisions by the Planning and Environmental Commission and the Town Council. Compliance with the sub -area concepts does not assure development approval by the Town. It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan. The Urban Design Guide Plan includes additional design detail that is to be used in conjunction with the Vail Village Master Plan sub -area concepts. MIXED USE SUB -AREA (#1 } The Mixed -Use sub -area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development Town of Vail Page 11 June 7, 2016 - Page 119 of 163 projects, this sub -area is characterized by a mixture of residentialllodging and commercial activity. The Vail Comprehensive Plan elements that speak to this site include the Vail Land Use Plan and the Vail Village Master Plan. Staff believes the proposed changes do not have an overall negative impact on the intent of stepping buildings up from the pedestrian oriented East Meadow Drive to the South Frontage Road East. The proposed building additions are consistent with the infill recommendations of the Vail Village Urban Design Guidelines. The additions are located such that their impacts on adjacent properties and on the pedestrian experience are minimal to nonexistent. The changes to the roof form allow the greater utilization of the upper residential units without the roof reading as cluttered or haphazard. Staff finds the proposal complies with this criterion. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Special Development District No. 6, Vail Village Inn, is not located within any identified geologic hazard. Staff finds the proposal complies with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not include any changes to the site plan, building footprint design or location, or open space provisions. The proposal does include modifications to the roof plan that will allow the greater utilization of the top floor residential units. The new roof elements are designed to be compatible both with the existing structure and the overall design of the district. Staff finds the proposal complies with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The proposal does not include any changes to the pedestrian or vehicular circulation on or off site. Town of Vail Page 12 June 7, 2016 - Page 120 of 163 Staff finds the proposal complies with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposal does not include any changes to the landscaping or open space on the site as identified on the approved development plan. Staff finds the proposal complies with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposal is intended to be constructed in one phase. Staging for any construction related activity will be reviewed by the Town of Vail staff to ensure impacts are minimized to public rights-of-way and adjacent properties. It is anticipated that the use of the South Frontage Road East right-of-way will be necessary. This right-of-way is controlled by the Colorado Department of Transportation (CDCT) and will require all appropriate review and permits from CDQT should the project move forward. Staff finds the proposal complies with this criterion. 10. Public Benefit: The proposed deviations provide benefits to the town must outweigh the adverse effects of such deviations. As a component of this project, the applicant is proposing to use DaVinci shake shingles on all new roof elements and to replace the existing roofs of levels four and five, currently clad in wood shake, with the polymer based composite roof. This change in roofing material over a significant portion of the building will reduce fire risks for the residents in this building and in the general vicinity. Also included as component of this project is the replacement of the existing outdated street light fixtures along the Frontage Road with TCV approved street lights. As the current plans do not illustrate this element, staff has included an appropriate condition of approval. It should be noted that Village Inn Plaza Phase III completed a rehabilitation of many of its exterior, pedestrian level elements in 2009. Phase I and II are anticipated to act on a recent DRB approval to complete these improvements in the district that include new pavers, site walls, ADA access and landscaping. Although not tied to this proposal, these improvements demonstrate Vail Village Inn's commitment to maintaining and improving public spaces. Town of Vail Page 13 June 7, 2016 - Page 121 of 163 Staff believes that the benefits to the Town including the replacement of outdated street lighting and a reduction in the fire risk to the area outweighs any adverse impacts associated with the proposal. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Town Council on a major amendment to a Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3)/Lot Q, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for a major amendment to Special Development District No. 6, Vail Village inn, pursuant to Section 12-9A-10, Amendment Procedures Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3) /Lot Q, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V11 this Staff memorandum to the Planning and Environmental Commission dated April 14, 2014, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the special development district amendment complies with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. Town of Vail Page 14 June 7, 2016 - Page 122 of 163 2. That the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the special development district 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." Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the Commission applies the following conditions: 1. This SDD major amendment approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application, including compliance with Sec. 14-10-5 BUILDING MA TERIALS AND DESIGN, Vail Town Code 2. The applicant shall mitigate the employee generation impact created by the addition of 792 square feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. 3. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging, if necessary. 4. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting a planning certificate of occupancy inspection. 5. The applicant shall replace the three (3) existing street lights located along the Frontage Road with TO V street lights per Public Work's specification. The number of new fixtures shall be determined by the Director of Public Works and will not exceed three. The new street lights shall be installed prior to requesting a planning certificate of occupancy inspection. Town of Vail Page 15 June 7, 2016 - Page 123 of 163 IX. ATTACHMENTS A. Written Request dated April 4, 2014 B. Proposed Pians dated April 4, 2014 Town of Vail Page 16 June 7, 2016 - Page 124 of 163 Village Inn Plaza Vail Village Inn, SDD #6, Phase III Major Amendment to Special District No. 6 Expansion of Units 501 & 502 with Exterior Modifications December 30, 2013 Amended March 12, 2014 Amended April 4, 2014 1.050 ZWC,V �4 -4 F"ZW sTlM �9a 9ff "'W-4 IvM DF"M 12OW PX2Z&� AXX /tel PKZZW EGGERS ARCHITECTURE, INC. PO BOX 798 RREMI MING, CO 80459 (970) 724-3411 FAX; (970) 7243412 doii. eggen@eggmwchitecture.com June 7, 2016 - Page 125 of 163 i. introduction The owners of units 501 and 502, Lublan S.A., represented by Loguer Design and Eggers Architecture, Inc., are requesting a major amendment to Special Development District No.6 (SDD#6) to allow for the remodel and expansion of their units. Unit 501 (parcel #: 2101- 082-54-027) is proposing to increase the GRFA by 277 square feet and includes exterior changes to the building including the addition of secondary roof forms. Unit 502 (parcel #- 2101-082-54-028) is proposing to increase the GRFA by 515 square feet and includes the addition of secondary roof forms. The modification of Unit 502 also includes the relocation of an existing mechanical mezzanine to a newly constructed area with a net square footage loss of 49 square feet. According to Section 12-9A-2: Definitions, Vail Town Code, an increase of GRFA is considered a Major SDD Amendment. Unit 501 is proposing to undergo a complete interior remodel. The current plan includes 4 bedrooms, 4 baths and major living spaces on the main level of 2145 square feet. This plan has a loft area overlooking the main living space that includes 322 square feet. The remodel proposes to redesign the main level into three bedrooms and baths with an entry area expanded in to the common hallway between units 501 and 502. The new square footage of the main level will be 2248 square feet, an increase of 103 square feet. Additionally, the loft area will be remodel to include a bedroom suite and loft area overlooking the common area. This new space will include 496 square feet of space, an increase of 174 square feet. Total new GRFA will be 2744 square feet or an increase of 277 square feet on both levels. In order to meet egress requirements for the bedroom on the loft level, a new roof element is being added. The roof will present as a dormer on the north elevation and as a gable end element on the south elevation. The ridge line of the proposed gable matches the existing ridgeline of the building and does not represent a change is the building height. The size and configuration of the gable element is consistent with the existing gable elements on the south elevation. Unit 502 is proposing to remodel the existing kitchen/living area and update the bathrooms in the unit. Additionally, a loft is proposed in the attic area immediately above the unit. There currently exists a suspended mechanical mezzanine between the ceiling of the Unit 502 and the structural roof members. This loft area is 150 square feet is size. By relocating and constructing a new mechanical area in the attic space immediately adjacent and above the common area, the attic space can be utilized as living space by Unit 502. This area is proposed as an exercise room with an attached bath and steam room. A shed dormer is proposed for this area to allow for natural lighting. The roof element is above the main ridgeline of the building but lower than the two elevator tower units on each side of the dormer. This proposed loft represents an increase in the GRFA of 515 square feet to the unit. June 7, 2016 - Page 126 of 163 Floor plans of the proposed changes are provided below- EXI IWI rlr-� F-OOR :EYE_ ._.._.... i!i� army, �GL16 I June 7, 2016 - Page 127 of 163 II. Background Village Inn Plaza is located at 100 East Meadow Drive. The property is part of Phase III of Special Development District No. 6, Vail Village Inn. This SDD has an underlying zoning of SDD #6 was adopted by Ordinance No. 7 of 1976 and has undergone multiple amendments since is adoption. Most of the amendments have been associated with the other phases of the SDD. The structure has seen minor changes since its original construction, mainly exterior window updates and interior remodels, but remains largely unchanged from its original construction. The proposed modifications will be add some exterior detail and update the appearance of the building to match the architectural detailing of the more recently constructed adjacent properties. See photo of the frontage road view taken from the north side of the highway: June 7, 2016 - Page 128 of 163 Vail Village Inn deviates from the maximum height limitation set forth in the Public Accommodation zone district of 48 feet for sloped roofs. Building heights were defined by number of stories in the original adoption of SDD#6 and further illustrated in a drawing created by consultants Royston, Hanamoto, Beck and Abey dated February 12, 1976. The building was constructed according to these height restrictions and has not been modified since. The new major gable element matches the existing ridgeline and the new dormer is lower in height than the existing elevator shaft roof elements, therefore not affecting the overall building height. See drawing below- Y 'z • x d6 _ — tip.,....... C i� 17-1 --_ - t, .. ... A2.1 er.er..,w There are no additional parking requirements as the number of units is not changing. M. Zoning Analysis The proposed modification only affects the GRFA and Employee Housing standards of the zoning analysis. All other standards are unchanged and remain as approved by Special Development District #6. Standard Existing Pro osed- GRFA Unit 501 2467sf 2744 sf (277 additional) Unit 502 x= lam: _ �_ _ i ; •. ; —: . 1.4 spaces per unit No change Employee Housing Approved prior to J79 sf (pay -in -lieu) Inclusions Re uirement * r ryw-r" _ _ - _ � � ►7T IT rI yT`T1 Y 'z • x d6 _ — tip.,....... C i� 17-1 --_ - t, .. ... A2.1 er.er..,w There are no additional parking requirements as the number of units is not changing. M. Zoning Analysis The proposed modification only affects the GRFA and Employee Housing standards of the zoning analysis. All other standards are unchanged and remain as approved by Special Development District #6. Standard Existing Pro osed- GRFA Unit 501 2467sf 2744 sf (277 additional) Unit 502 1399 sf 1914 sf 515 additional Parking 1.4 spaces per unit No change Employee Housing Approved prior to J79 sf (pay -in -lieu) Inclusions Re uirement June 7, 2016 - Page 129 of 163 IV. Criteria for Review for the Major Amendment to a Special Development District Section 12-9A-8: Design Criteria and Necessary Findings in the Vail Town Code provides the criteria for review of a Major Amendment to a Special Development District. Below is a listing of the criteria and how the proposal complies with each: 9. Compatibility.- £design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identify, character, visual integrity and orientation. Proposed: The architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation remains largely unchanged as a result of the proposed amendment. The roof changes align with the existing ridge, there fore the height remains the same as constructed. The massing and detailing of the gable elements is consistent with the adjacent gable ends on the building and the added elements add a level of architectural character evident on the newer adjacent properties. Since originally constructed, the character and level of architectural detailing of the village has increased dramatically. Adjacent buildings have been approved with greater heights and the proposed modifications are compatible with the immediate environment. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Proposed- There is no change to the use, activity or number of dwelling units within the proposed amendment. The increase is GRFA is consistent with the intent of Chapter 15 of the Vail Town Code and without the size of the roof elements would qualify as a minor amendment to the SDD. June 7, 2016 - Page 130 of 163 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 9+7 of this title. Proposed: The addition of GRFA does not affect the parking requirements for the units and is unchanged. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Proposed: Village Inn Plaza is within the boundaries of the Vail Village Master Plan and further located within Mixed Use Sub -Area #I. The following objectives of the master plan are applicable to this application: Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural andlor geologic hazards that affect the property on which the special development district is proposed. Proposed: The above criterion is not affected by the proposed improvements. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Proposed: The above criterion is not affected by the proposed improvements as there are no changes proposed for the site plan. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Proposed: The above criterion is not affected by the proposed improvements. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Proposed: The above criterion is not affected by the proposed improvements. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Proposed: The above criterion is not affected by the proposed improvements. June 7, 2016 - Page 131 of 163 V. Photo images: Below are images taken from Meadow Drive and the Frontage Road. The proposed improvements are not visible from other locations within the Village. From Meadow Dr. gc Plaza June 7, 2016 - Page 132 of 163 From walk below Sebastian sidewalk along Frontage Road June 7, 2016 - Page 133 of 163 VI. Adjacent Property Owners Vail Gateway Plaza Condo Association c/o Vail Tax & Accounting PO Box 5940 Avon, CO 81620 Vail Plaza Hotel (Sebastian) c/o Timbers Resorts 16 Vail Road Vail, CO 81657 Village Inn Plaza Phase I,II,V c/o Jonathon Staufer, Manager 100 E. Meadow Drive, #31 Vail, CO 81657 Solaris c/o Peter Noble, John Boord 2211 N. Frontage Road, Suite A Vail, CO 81657 One Willow Bridge Road Condo Association c/o Corporation Service Company 1560 Broadway, Suite 2090 Denver, CO 80202 One Willow Bridge Road Condo Association 4148 N Arcadia Drive Phoenix, AZ 85018 Talisman Condo Association c/o Ptarmigan Manangement 62 E. Meadow Drive Vail, CO 81657 Sonnenalp c/o Johannes Faessler 20 Vail Road Vail, CO 81657 June 7, 2016 - Page 134 of 163 TOWN OF ML } PLANNING AND ENVIRONMENTAL COMMISSION April 14, 2014 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Swearing-in New Members — Patty McKenny, Town Clerk MEMBERS PRESENT MEMBERS ABSENT Henry Pratt Luke Cartin Michael Kurz John Rediker Pam Hopkins Webb Martin Dick Cleveland Chair: Henry Pratt Motion: Kurz Second: Cleveland Vote: 7-0-0 Vice -chair: Michael Kurz Motion: Rediker Second: Cleveland Vote: 7-0-0 30 minutes A request for a recommendation to the Vail Town Council on a major amendment to a Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3) /Lot 0, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130046) Applicant: Deltec Bank and Trust, represented by Eggers Architect Planner: Jonathan Spence ACTION: Recommendation of approval, with conditions MOTION: Kurz SECOND: Rediker VOTE: 7-0-0 CONDITION(S): 1. This SDD major amendment approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application, including compliance with Sec. 14-10-5 BUILDING MATERIALS AND DESIGN, Vail Town Code 2. The applicant shall mitigate the employee generation impact created by the addition of 792 square feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. 3. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging, if necessary. 4. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting a planning certificate of occupancy inspection. 5. The applicant shall replace the three (3) existing street lights located along the Frontage Page 1 June 7, 2016 - Page 135 of 163 Road with TOV street lights per Public Work's specification. The number of new fixtures shall be determined by the Director of Public Works and will not exceed three. The new street lights shall be installed prior to requesting a planning certificate of occupancy inspection. Jonathan Spence gave a presentation per the staff memorandum. Don Eggers, representing the applicant, made himself available for any questions. Commissioner Rediker inquired as to other improvements that may be coming in the future and why those components were not coming forward in conjunction with this application. Don Eggers explained that it was largely owner driven as the owners are in different countries. The owner of the top two condominiums would like to get started this year, which is why this application is moving forward. Warren Campbell, Chief of Planning, explained that there was also a difference in process for the various forth coming applications in that the deck expansions and the building re -skin will not require Commission review as currently understood. Commissioner Rediker inquired about the condition regarding the replace of the pedestrian street lights with lights which match the Town of Vail uniform street lights. Commissioner Cleveland asked how the public benefit of replacing the pedestrian street lights would be attributed to Phase III of the Vail Village Inn. There was no public comment. The Commissioners general expressed their support for the application and the improvements made to the {dans since the last hearing. 2. A request for the review of a conditional use permit, pursuant to 12-9C-3, Conditional Uses, Vail Town Code, for a public and quasi -public indoor community facilities (education center), to allow for the construction of the Betty Ford Alpine Gardens Education Center, located 530 South Frontage Road/Unplatted, and setting forth details in regard thereto. (PEC140005) Applicant: Betty Ford Alpine Gardens, represented by Jack Hunn Planner: Jonathan Spence ACTION: Table to May 12, 2014 MOTION: Kurz SECOND: Cleveland VOTE: 7-0-0 3. A request for a variance from Section 14-3-1, Table 1, Minimum Standards, Vail Town Code, pursuant to Section 14-1-5, Variances, Vail Town Code, to allow for a residential driveway to exceed the permitted maximum centerline grade, located at 2754 Snowberry Drive 1 Lot 15, Block, 9, Vail Intermountain and setting forth details in regard thereto. (PEC140007) Applicant: Mike Dantas, represented by Mauriello Planning Group Planner: Joe Batcheller ACTION: Table to April 28, 2014 MOTION: Kurz SECOND: Cleveland VOTE: 7-0-0 4. A request for the review of variances from Section 12-7D-9 Landscaping and Site Development Section 12- 7D-10 Parking and Loading, Section 14-5-1, Minimum Standards and Section 14-5-2 Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, for relief from the minimum landscape requirement, the parking space dimensional requirement, the snow storage requirement and to Page 2 June 7, 2016 - Page 136 of 163 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF UAJi # May 9, 2016, 1:00 PM Vail Town Council Chambers 75S. Frontage Road -Vail, Colorado, 81657 Call to Order Members Present: Brian Gillette, Ludwig Kurz, John Ryan Lockman, John Rediker, and Brian Stockmar Absent: Kirk Hansen and Henry Pratt 2. A request for a recommendation to the Vail Town Council on a revision to a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3)/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC16-0014) - 45 min. Action: Approve with Conditions Motion: Gillette Second: Lockman Vote: 3-1-1 (Rediker opposed, Kurz abstained) Conditions: 1. The applicant shall mitigate the employee generation impact created by the addition of 836 square feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. The applicant shall make the required fee in lieu payment to the Town of Vail prior to the issuance of any building permit. 2. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging, if necessary. 3. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting any final planning or building inspection. 4. The applicant shall replace the three (3) existing street lights located along the Frontage Road with Town of Vail street lights per Public Work's specification. The location of the streetlights is depicted in the Streetlight Exhibit, included as Attachment C to the May 6, 2014 PEC130046 Town Council Memo. The number of new fixtures shall be determined by the Director of Public Works and will not exceed three. The new street lights shall be installed prior to requesting any final planning or building inspection. June 7, 2016 - Page 137 of 163 Jonathan Spence, Town Planner, presented on behalf of the Community Development Department. The proposal is to revise a previous approval granted in 2014. The previously approved exterior improvements included a new dormer on the south elevation for Unit 501, a modification to the roof for Unit 502, and another new dormer on the north elevation, also for Unit 501. Part of the 2014 approval included an agreement to replace the wood shake roof on levels four and five. The proposed changes result in a project approximately one-third of what were originally approved. In addition to the revisions to the roof, the applicant is also seeking a change to the roof replacement agreement. The current roof dates to 2007 and has approximately fifteen (15) years of life remaining. Lockman — When did the Town change the code from requiring to prohibiting wood shake roofs? Spence — The code changed in 2008, just after the applicant had installed the cedar shake roof. Rediker — Asked for clarification of the status of the formerly proposed dormers. Spence — The only roof penetrations are for skylights. The previously approved dormers on the north and south elevations are no longer proposed. Don Eggers (representing the applicant) — Unit 501 has a loft that is built within the existing volume of the roof. There is additional square footage being added underneath the existing gables. This proposal will replace some of the wood shakes with DaVinci-brand roofing, but not to the previous extent required. Gillette — Have you considered a different type of roof such as a standing seam metal roof? Eggers— The plan is to replace the majority of the roof in approximately fifteen years. There are only a few places where someone can see the area of the roof being changes. Lockman — Why are the proposed changes considered a major amendment? Spence — Due to its previous approval, felt it best to bring it back to the PEC. Rediker — What are the current cedar shake roof regulations? Spence — Since 2008 cedar shake roofs have been prohibited for new construction. Rediker — Does the code require a disturbance to the roof and an increase in GRFA to trigger the roof replacement? Spence — Yes, both are required. The question at hand is whether the change in scope of the plans necessitates the full replacement of the roof? Rediker — Asked for clarification as to whether or not the PEC was being asked to approve something that does not comply with code. Spence — The SDD allows for such a revision and would not be considered a variation. Public Comment — None June 7, 2016 - Page 138 of 163 Stockmar — Concurs with staff. Gillette — Concurs with staff. Lockman — Concurs with staff and other Commissioners, it would be wasteful to require a new roof when there is life left on the existing roof. Rediker — Does not see an issue with the GRFA. It is important not to overburden applicants, but at the same time it is important to maintain the letter of the law. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) - 5 min. Action: Table to June 13, 2016 Motion: Lockman Second: Stockmar Vote: 5-0-0 4. A request for review of a conditional use permit, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a religious institution, located at 12 Vail Road/Lots N & O, Block 5D , Vail Village Filing 1, and setting forth details in regard thereto. (PEC16-0015) Withdrawn 5. Approval of Minutes April 25, 2016 PEC Meeting Results Action: Approval Motion: Stockmar Second: Lockman Vote: 3-0-2 (Gillette and Rediker abstained) 6. Informational Update Prior to the Eagle County PIan4Health presentation, and at the request of Commissioner Lockman, George Ruther gave a brief update on the Chamonix housing proposal. Rediker — Asked for information about a music festival he has heard is proposed for next year. Ruther — Internal meetings have occurred to review this type of event and what the positive and negative impacts would be. No determination has been made as to whether or not the event will occur. Rediker — Is there a way to access master plans online? Spence demonstrated where the master plans are available on the Town's website. Informational presentation by Eagle County on PIan4Health grant program and process. Presenters: Katie Haas and Kris Valdez of Eagle County Government - 15 min. June 7, 2016 - Page 139 of 163 Haas — Plan4Health is a program supported by the Healthy Communities Coalition and American Planning Association that is funded by the CDC with the purpose of uniting planning and public health policies. Eagle County was one of only seventeen areas selected nationwide for the $117,000 grant. The project includes six (6) Eagle River Valley communities and Eagle County itself. One of the processes of the program will be a "policy scan" to review the master plans for each of the communities. The main focus of the program is on the built environment and the impact on healthy eating and active living. Implementing successful programs across communities is another goal. The final product will be a report for each community that includes an analysis of existing policies and recommendations for the future. The projected completion date for the project is by the end of the calendar year. Gillette — What does healthy food access look like? Haas — Examples include zoning ordinances that allow for community gardens and farmers' markets. Rediker — Is there healthy eating educational component as part of this project? Haas — There are other initiatives regarding public education, but this project focuses on policies impacting the built environment. Rediker — Who is the subcontractor working on this project? Haas — Will Kerns of Open Plan Consultants. Rediker — What are some of the things that may have already been identified that the Town can work on? Haas — The process has not been completed yet for each specific community, but one area discussed regarding all communities is community outreach and including diversity in public participation. More specific recommendations will be available in early fall. Lockman — Will there be a presentation made as to where community policies are consistent and or inconsistent with each other? Haas — The review will include a presentation of possible synergies among communities. Stockmar —Will Vail's medical and physical therapy resources be involved? Haas — It is an asset that can be recognized, but is not sure yet where it fits into the master plan level review. 7. Adjournment Action: Approval Motion: Kurz Second: Lockman 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 June 7, 2016 - Page 140 of 163 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. 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F `` L F ,F 41 J. F + __ti PIN F - # r' ` W ■ I 1p R opIL ti #� 9l.. . r pits sm. z ' * J TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Request to Award Construction Contract for Renovation of the East Vail Fire Station. PRESENTER(S): John King, Facilities Manager, Mark Novak, Fire Chief ACTION REQUESTED OF COUNCIL: Authorize the Town Manger to enter into a construction contract with MW Golden for the renovation of the East Vail Fire Station BACKGROUND: In January of 2016, Council approved completion of construction documents for the renovation of the East Vail Fire Station as well as the release of an RFP for preconstruction services. Construction documents have been completed, and the building permit is ready to be issued. The next step to move this project forward is to award the construction contract. STAFF RECOMMENDATION: Authorize the Town Manger to enter into a construction contract with MW Golden for renovation of the East Vail Fire Station. ATTACHMENTS: Description Staff Memo Regarding Request to Award Construction Contract for the East Vail Fire Station MW Golden Memorandum Regarding Construction Market June 7, 2016 - Page 144 of 163 rowN ofvain ") Memorandum To: Town Council From: Mark Novak — Fire Chief, John King — Facilities Manager Date: June 7, 2016 Subject: Request to Award Construction Contract for Renovation of the East Vail Fire Station Background The East Vail Fire Station (Station 1) was constructed in 1980 and is need of a major renovation to address operational deficiencies, provide improvements to the mechanical systems and to improve the livability of the building. In achieving these goals, an emphasis was placed on creating a durable, energy efficient, low maintenance facility with a service life that will exceed thirty years. The project consists of the following components: o Addition of 1770 square feet of new building space. In the current configuration, fire apparatus are parked within inches of the back wall and front door. To address this issue it is necessary to increase the footprint of the building. This addition will help prevent accidents and improve the function of the space. The additional space will also provide additional storage space which will help extend the service life of firefighter personal protective equipment and will address current operational needs. o Addition of a new Employee Housing Unit (EHU) and renovation of the existing EHU. Employees who hold "critical" positions will be given priority when leasing these units. Critical employees are: Police Officers, Firefighters, Dispatchers, Mechanics, Heavy Equipment Operators, Code Enforcement Officers, Public Information Officer and IT Specialists. Currently the EHUs at the Vail Village Fire Station are occupied by a dispatcher and a firefighter along with his family o Creation of a separate entry for the EHUs. In the current configuration the existing EHU is accessed through the fire station. This will also enhance the livability of the EHUs by creating greater separation from the noise associated with fire station operations. o Abandoning the existing driveway and creating a new driveway on the opposite side of the building. This is will improve snow removal and provide better access to the parking area. The existing driveway was built partially on the adjacent property which is not owned by the Town. Page 1 of 5 June 7, 2016 - Page 145 of 163 o Replacing the existing emergency generator and creating an exterior enclosure for the emergency generator. This is necessary to improve fire department operations and increase serviceability of the generator. o Mitigation of existing snow removal and ice accumulation problems on the front apron. o Removal of street -side parking spaces o Installation of storm -water treatment system Since the original construction of Station 1, very little has been done to upgrade the facility with the exception of the installation of a new roof approximately eight years ago. There are a number of systems within the building which are in need of immediate attention to prevent an unexpected failure. These include the electrical, plumbing and emergency power systems. In 2015 Council approved entering into a contract for design work with Pierce Architects. The project has been designed using a collaborative process that has included neighbors, fire department personnel, facilities maintenance personnel, and the community development department. The 2016 Budget allocated $1.5 million for the actual construction of the project. In late 2015 the preliminary design was completed. Based upon this design, G.E. Johnson was hired to provide an estimate of actual construction costs. The estimated construction cost provided by the consulting contractor was estimated at $ 2.14 million. In addition to the construction costs, other costs, including design, furniture, fixtures and equipment, information technology, construction administration, fees and owner's contingency brought the estimated total project cost to $2.92 million. In January of 2015, staff presented the projected budget to Council and requested permission to complete the design process which would result in a complete set of construction documents. Staff also requested authorization to complete the entitlement process and issue a Request for Proposals (RFP) for preconstruction services. Council authorized completion of the design work, completing the entitlement process and entering into a contract for pre -construction services. During this discussion, Council cautioned against establishing a final budget until construction documents were complete and proposals had been received for the project. II. Current Situation To date the following milestones have been achieved: • Construction documents are complete • A building permit is ready to be issued. • Design Review Board and Planning and Environmental Commission approvals have been obtained. • An RFP for preconstruction services has been released, a contract awarded and preconstruction services have been completed resulting in a final proposal from the general contractor. Town of Vail Page 2 June 7, 2016 - Page 146 of 163 During the RFP process it became apparent that the construction industry was operating near capacity. Although there were six general contractors who requested the RFP documents, only one proposal was received. Staff was concerned by this lack of response to the RFP. Follow-up inquiries were made into general market conditions. Based upon these inquiries, it became apparent that the market was favorable to general contractors and subcontractors, with most having an ample amount of work on their schedule. A single proposal received was from MW Golden Constructors. MW Golden has previous experience completing projects for the Town of Vail, with the most recent being the entry to the Lionshead Parking Structure. During this project, the Facilities Manager found that MW Golden was easy to work with, focused on creating value for the customer and delivered a quality product. Based upon these factors, a Pre -Construction Contract in the amount of $10,000.00 was awarded to MW Golden. During the pre -construction phase, MW Golden was an active participant in suggesting value engineering approaches to control project cost. Upon completion of the construction documents, MW Golden brought subcontractors into the process who provided bids which were incorporated into the proposal letter. An initial proposal letter was provided by MW Golden in May. The proposed costs were significantly higher than the estimated costs provided by G.E. Johnson in December of 2015. Staff worked with MW Golden to insure that the costs were being properly estimated and to apply additional value engineering. Following this process an updated proposal letter was issued. The updated proposal for construction costs is $3,274,229. This proposal is $236,044 less than the initial proposal of $3,510,273. The proposal is based upon a Guaranteed Maximum Price which includes a contractor fee of 6.3%. The proposed budget is summarized in the following table: Fire Station #1 Budget Fire Station Housing: Two- 700 SF EHUs Contractor's Estimate (construction) 2,838,110 436,119 Architectural Fees 225,062 34,600 Construction Administration 30,000 5,000 FFE 146,828 IT 35,000 Utility and Building Fees 15,000 20,000 Contingency 310,000 47,000 Total 3,600,000 543,000 2015 Budget 150000 0 2016 Budget 1,500,000 0 1,650,0000 0 Total Budget Difference 1,950,000 543,000 Town of Vail Page 3 June 7, 2016 - Page 147 of 163 Advancing this project will require a budget supplemental of $1,950,000 to complete the renovation of the fire station and $543,000 to renovate one EHU and to add one additional EHU. In addition to value engineering, staff analyzed numerous options to reduce costs of the project. These options are described below: Re -bid the project at a more favorable time: There is the potential that if the project was bid early next winter that contractors wanting to fill their 2017 schedule would be more competitive. The general consensus is that many contractors already have begun scheduling 2017 projects and that this would yield little savings. There is a potential that bids would come in higher than the current figure due to market and material cost escalation (See attached MW Golden Memorandum regarding construction costs). Temporarily close Station 1 during construction to allow for greater efficiency during construction: MW Golden discussed this with the subcontractors. None of the subcontractors indicated that this approach would lower their bid. MW Golden estimated that this approach would save approximately three weeks of general conditions costs. This savings is estimated at $ 18,000. These savings would potentially be offset by the costs associated with providing temporary housing for the fire station crew. In anticipation of this option, fire department staff analyzed alternative locations for a temporary fire station. No suitable locations were identified in East Vail. One option would be a temporary location based at the Town Public Works facility. A time/travel study demonstrated that this would result in response times to all portions of East Vail that would exceed the target maximum response time of 240 seconds. The 240 second response time is a national consensus standard based upon the time it takes a structure fire to progress to flashover and the time it takes for permanent brain death to in a non - breathing patient. • Eliminate EHU's from the project: This approach could potentially eliminate some of the new square footage currently proposed. A substantial redesign would be required which would incur additional design and engineering costs and result in delays to the project. • Finish EHU's at a later time: While this approach would save an appreciable amount of money, it would not result in a reduction of the full cost of the EHU's. This is due to the fact that the design of the building would require the EHU space to be conditioned to prevent issues such as freezing pipes. The cost to complete the EHU's at a later date would likely increase due to normal market escalation. • Re -design the project as a tear-down/rebuild: Substantial costs would be incurred to redesign the project and take the project through the entitlement process. Demolition costs would also be substantially higher. This approach would also require removal of the large septic tank that is underneath the fire station. There would be significant costs associated with the excavation and fill necessary to prepare the site for construction. Staff compared the costs of the renovation of the Vail Village Fire Station (Station 2) which was initiated in 2012 and completed in 2013. The RFP for this project was released during the depth of the recession, which led to a favorable contracting market for the project. This project consisted of 7140 square feet at a cost of $ 2,013,883 which yielded a cost per square foot of $282. Station 2 did not include any appreciable new square footage. The East Vail Fire Station Town of Vail Page 4 June 7, 2016 - Page 148 of 163 IV. consists of 8111 square feet, which includes 1770 square feet of new construction. Based upon construction costs of $3,274,229, the proposed cost is $403.60 per square foot. The difference between the proposed Station 1 construction costs and costs to renovate Station 2 demonstrates escalation costs which are consistent with the change in market conditions that has occurred since the post -recession economic recovery. PROPOSED PROJECT SCHEDULE • Contract awarded June 2016 • Construction initiated June 2016 • Apparatus bays/duty quarters completed October -November 2016 • EHU's/office space completed December 2016/January 2017 Staff would like to adhere to this schedule for the following reasons: • Potential need for conduct repairs. During the last year a number of repairs have been differed in anticipation that the renovation would occur. Most concerning is the current status of the emergency generator which had a significant failure earlier this year and cannot be considered to be reliable. • It is important to complete the apparatus bays during the warmer months due to the fact that the fire apparatus require a conditioned parking space to be functional in the winter months. If this cannot be achieved, the fire apparatus and crews would need to be housed off site which would lead to increased response times and additional project expense. STAFF RECOMMENDATION 1) Staff recommends that Town Council authorize the Town Manager to enter into a contract for construction services at the East Vail Fire Station for the amount of $3,274,229. 2) Town Council direct staff to include in the July 2016 budget supplemental $1,950,000 for the renovation of the East Vail Fire Station and $543,000 to renovate one EHU and to construct one additional EHU. V. ATTACHMENTS 1) MW Golden Memorandum regarding Construction Market Town of Vail Page 5 June 7, 2016 - Page 149 of 163 I MSV GOLDEN 1*1 � H 1;,1114 V QUALITY AND PERFORMANCE June 1, 2016 Town of Vail — Public Works Department Public Works Admin. Building 1309 Elkhorn Drive Vail, CO 81657 Attention: John A. King Reference: Vail Fire Station One Renovation/Addition Subject: Construction Market Dear John: MW GOLDEN CONSTRUCTORS has been constructing projects for public entities for over 32 years. Our past experience shows most construction budgets for public entities are created 5 to 10 years prior to execution of the work. Regardless of the state of the economy, this typically sets projects to be over the slated budget. During the recession some projects did come in under budgets that were established years ago. MW GOLDEN CONSTRUCTORS has built numerous fire stations in the front range over the past 32 years. Average costs of a new fire station is $400 a SF. Most of our fire stations were constructed during the recession. Commodities have quadrupled if not octupled in the last 3 years. We have seen pricing increases on raw materials consistently for the past three years. I have seen concrete prices stabilize but they have quadrupled from their prices three years ago. There is a labor shortage in the industry, especially in Colorado. With labor shortages comes higher wages, just to keep the people you have tenures with. Through the many years of such struggle in the industry most of us did not receive or expect a raise. In many cases benefits were taken away and wages were reduced just to keep people employed and to keep companies competitive. Now that the construction economy and national economy itself is on a steady incline, craftsman are receiving higher wages and benefits are being increased. The market is in a position that contractors and subcontractors have the ability to pick and choose their projects. The construction industry finally has the ability to make money. I have not seen subcontractors inflating their estimates, I have seen them taking on projects that they want to be involved in for prices they are willing to perform the projects for. Clients have become accustomed to Mailing: P.O. Box 338, Castle Rock, Colorado 80104-0338 (303) 688-9848 Fax (303) 688-8269 Physical: 1700 N. Park Street, Grand Canyon Suite, Castle Rock, CO 80109-3009 CASTLE ROCK • COLORADO • GRAND LAKE www.mwgoiden.com June 7, 2016 - Page 150 of 163 Vail Fire Station One Renovation/Addition June 1, 2016 Page: 2 spending very little for their projects with such a long recession. The change in fair market prices is a reality of today's market. I do not anticipate construction costs coming down in years to come. I believe they will continue to steadily increase with the cost of inflation. Waiting to construct projects will result in higher costs. Sincerely, MW GOLDEN CONSTRUCTORS Jason Golden Executive Vice President Mailing: P.O. Box 338, Castle Rock, Colorado 80104-0338 (303) 688-9848 Fax (303) 688-8269 Physical: 1700 N. Park Street, Grand Canyon Suite, Castle Rock, CO 80109-3009 CASTLE ROCK • COLORADO • GRAND LAKE www.mwgoiden.com June 7, 2016 - Page 151 of 163 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 13, Series of 2016, An Emergency Ordinance Adopting a Temporary Moratorium on Accepting Fee -1 n -Lieu Payments in Exchange for Release of a Deed Restriction from an Existing Employee Housing Unit or to Satisfy Employee Housing Mitigation Requirements PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 13, Series of 2016, as read BACKGROUND: On May 17, 2016, the Vail Town Council held a joint worksession with the Vail Local Housing Authority to discuss possible next steps with regard to establishing an updated fee in lieu policy. During the worksession the idea of establishing a moratorium on the acceptance of fee in lieu as a method of mitigation was briefly discussed. Following discussion, the Vail Town Council instructed staff to return at the next public hearing with an ordinance proposing a moratorium on the acceptance of fee in lieu for a temporary period. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council denies Ordinance No. 13, Series of 2016. Please see the staff memorandum to the Vail Town Council dated June 7, 2016 for more detail. ATTACHMENTS: Description Staff Memorandum Ordinance No. 13, Series of 2016 June 7, 2016 - Page 152 of 163 rowN ofvain ") Memorandum To: Vail Town Council From: George Ruther, Director of Community Development Date: June 7, 2016 Subject: An Emergency Ordinance Adopting a Temporary Moratorium on Accepting Fee - In -Lieu Payments in Exchange for Release of a Deed Restriction from an Existing Employee Housing Unit or to Satisfy Employee Housing Mitigation Requirements I. PURPOSE The purpose of this memorandum is to present Ordinance No. 13, Series of 2016, An Emergency Ordinance Adopting a Temporary Moratorium on Accepting Fee -In -Lieu Payments in Exchange for Release of a Deed Restriction from an Existing Employee Housing Unit or to Satisfy Employee Housing Mitigation Requirements. If approved, this ordinance accomplishes three objectives: 1.) Establishes a temporary moratorium on the acceptance of fee in lieu as a method of mitigation for ehu exchange requests and employee housing mitigation requirements of more than 438 square feet in size or one employee or greater from June 8, 2016 to December 6, 2016, unless repealed or extended. 2.) Restricts the Town from accepting or processing any applications requesting the use of fee in lieu as a method of mitigation of an employee housing requirement of more than 438 square feet in size or one employee or greater from June 8, 2016 to December 6, 2016, unless repealed or extended. 3.) Affords the community additional time to gather information and investigate, evaluate and update the options for amending the Vail Town Code to further regulate or prohibit fees -in -lieu of payments authorized under Code Sections 12- 13-5(D), 12-23 and 12-24. This agenda item affects and impacts the following 2015 Areas of Focus of the Vail Town Council: Enhance Economic Vitality Elevates the Quality of the Experience Grow a Balanced Community June 7, 2016 - Page 153 of 163 II. BACKGROUND On May 17, 2016, the Vail Town Council held a joint worksession with the Vail Local Housing Authority to discuss possible next steps with regard to establishing an updated fee in lieu policy. During the worksession the idea of establishing a moratorium on the acceptance of fee in lieu as a method of mitigation was briefly discussed. The purpose of the moratorium would be to prevent additional property owners from using fee in lieu as a method of mitigation until such time as the current regulations could be amended. Following discussion, the Vail Town Council instructed staff to return at the next public hearing with an ordinance proposing a moratorium on the acceptance of fee in lieu for a temporary period. III. RECOMMENDATION The Community Development Department recommends the Vail Town Council denies Ordinance No. 13, Series of 2016, as read. This recommendation is based upon the following considerations: • Employee housing is important infrastructure in the Town of Vail and a moratorium places a negative tone on what otherwise needs to be a positive relationship with the Town's private sector partners. • Proposed amendments to the fee in lieu method of mitigation can be discussed and adopted in the absence of establishing a moratorium. • A moratorium may unintentionally prohibit a property owner's ability to redevelop or remodel residential or commercial property. • A moratorium should be used when there is an imminent threat to the public health, safety and welfare of the community or the potential for irreparable and long lasting harm exists. • The adoption of Resolution No. 22, Series of 2016 provides an immediate and partial stop -gap measure. Regardless of whether the Vail Town Council chooses to approve or deny Ordinance No. 13, Series of 2016, the Town staff has already taken steps towards preparing possible amendments to the Vail Town Code to address any potential shortcomings or otherwise unintended consequences of the adopted fee in lieu method of mitigation. The list of next steps includes a worksession meeting with the Vail Town Council on June 21, 2016 with a similar meeting with the Town of Vail Planning & Environmental Commission on June 27, 2016. Town of Vail Page 2 June 7, 2016 - Page 154 of 163 ORDINANCE NO. 13 SERIES 2016 AN EMERGENCY ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON ACCEPTING FEE -IN -LIEU PAYMENTS IN EXCHANGE FOR RELEASE OF A DEED RESTRICTION FROM AN EXISTING EMPLOYEE HOUSING UNIT OR TO SATISFY EMPLOYEE HOUSING MITIGATION REQUIREMENTS WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council have been duly elected and qualified; WHEREAS, pursuant to C.R.S. § 31-23-301, the Town is empowered to regulate and restrict zoning, including but not limited to the density of population, and the location and use of buildings within its jurisdiction; WHEREAS, the Town's employee housing unit exchange program, Section 12- 13-5(D) of the Vail Town Code (the "Code"), allows for the release of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free- market dwelling unit to the Town to be deed restricted or payment of a fee -in -lieu; WHEREAS, the Town has recently received a large number of requests proposing a fee -in -lieu payment to satisfy on-site employee housing mitigation requirements for new commercial and residential development and redevelopment projects pursuant to Code Sections 12-23 and 12-24; WHEREAS, it is the desire of the Town Council that Town Staff study the effects of accepting fees -in -lieu payments on the availability and affordability of quality housing opportunities for the community's work force, considering the Town's existing master plan and the specific purposes of the employee housing regulations of Chapters 13, 23 and 24 of the Code; WHEREAS, Town Staff needs sufficient time to gather information and study the impacts of accepting fees in lieu of payments, and thereafter provide information to the Town Council as to whether such payments should continue to be accepted; WHEREAS, it is the intent of the Town Council in enacting this moratorium to allow sufficient time to conduct a public hearing(s) to listen to and consider the concerns of its residents regarding possible Code amendments; and WHEREAS, the imposition of a moratorium on accepting fees -in -lieu payments will allow the Town to assess whether accepting such payments are in the best interest of the public health, safety and welfare. 1 6/2/2016 S:ICOMMUNITY DEVELOPMENDBOARDSITOWN COUNCILIORDINANCES1161ORDINANCE NO. 13, SERIES OF 2016 FEES IN -LIEU TEMPORARY MORATORIUM-0060116.DOCX June 7, 2016 - Page 155 of 163 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Temporary Moratorium. Upon the adoption of this ordinance, a moratorium is imposed on the processing and approval of the following: A. Deed Exchange Program: All applications proposing to release a deed restriction from an existing employee housing unit in exchange for a fee -in -lieu payment pursuant to Section 12-13-5(D), unless the applicant is proposing a fee - in -lieu payment only for a gross residential floor area of 438 square feet or less in excess of the square footage of the existing employee housing unit that is being proposed to have the deed restriction released. B. Commercial Linkage and Residential Redevelopment Mitigation: All applications proposing a fee -in -lieu payment as a method of employee housing mitigation, unless the applicant is only required to provide mitigation for one employee or less or four 438 square feet or less. Section 2. Investigation and Evaluation. During the term of this moratorium, Town Staff shall investigate, evaluate and update the options for amending the Vail Town Code to regulate or prohibit fees -in -lieu of payments authorized under Code Sections 12-13-5(D), 12-23 and 12-24. Section 3. Authority. The Town Council of the Town of Vail hereby makes the following findings to support the adoption of a temporary moratorium within the Town: A. The Town is a legally created, established, organized and existing Colorado municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the Vail Town Charter. B. In addition to the authority granted by the Vail Town Charter, the Town has the authority to regulate the use and development of land pursuant to the following Colorado Revised Statutes: 1. Article 20 of Title 29 (The Local Government Land Use Control Enabling Act); 2. Part 3 of Article 23 of Title 31 (Municipal Zoning Powers); 3. Part 1 of Article 15 of Title 31 (Municipal Ordinance Powers); and 4. Part 4 of Article 15 of Title 31 (Municipal Police Powers). C. The Town is authorized to enact a moratorium as part of its broad police and planning powers to advance the interests of the public health, safety and welfare. Droste v. Board of County Commissioners, 159 P.3d 601 (Colo. 2007); Hermanson v. County of Fremont, 595 P.2d 694 (Colo. App. 1979); Dill v. Lincoln County, 928 P.2d 809 (Colo. App. 1996); Dolloghan v. County of Boulder, 2 6/2/2016 S:ICOMMUNITY DEVELOPMENPBOARDSITOWN COUNCILIORDINANCES1161ORDINANCE NO. 13, SERIES OF 2016 FEES IN -LIEU TEMPORARY MORATORIUM-0060116.DOCX June 7, 2016 - Page 156 of 163 749 P.2d 444 (Colo. App. 1987); Deighton v. City Council of Colorado Springs, 902 P.2d 426 (Colo. App. 1994); Williams v. City of Central, 907 P.2d 701 (Colo. App. 1995). Section 4. Expiration. The moratorium imposed by this ordinance shall expire on December 6, 2016, unless earlier repealed or extended. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 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. Section 8. Emergency Clause. Pursuant to Section 4.11 of the Charter, this ordinance is deemed necessary for the protection of the public health, welfare and safety, because the continued acceptance of fees -in -lieu of providing livable, affordable employee housing could cause irreparable harm to the Town and its residents and visitors. Section 9. Effective Date. This ordinance shall take effect immediately passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED on this 7th day of June, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 3 6/2/2016 S:ICOMMUNITY DEVELOPMENPBOARDSITOWN COUNCILIORDINANCES1161ORDINANCE NO. 13, SERIES OF 2016 FEES IN -LIEU TEMPORARY MORATORIUM-0060116.DOCX June 7, 2016 - Page 157 of 163 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 10, Series of 2016, Second Reading, An Ordinance Amending Chapter 7 of Title 5 of the Vail Town Code Concerning the Liability for Costs Associated with the Town's Provision of Fire Protection Services to Properties Located Outside Town Boundaries PRESENTER(S): Mark Novak, Fire Chief ACTION REQUESTED OF COUNCIL: Approve, deny or modify Ordinance No. 10 Series of 2016 on second reading. BACKGROUND: Ordinance No. 10, Series of 2016 modifies Chapter 7 of Title 5 of the Vail Town Code to clarify certain provisions regarding fire department response to properties outside the Town of Vail municipal limits. STAFF RECOMMENDATION: Approve Ordinance No. 10, Series of 2016 on second reading. ATTACHMENTS: Description Staff memo re Ord No 10 Series of 2016 Ordinance No. 10, Series of 2016 June 7, 2016 - Page 158 of 163 TOWN OF Memorandum To: From: Date: Subject Town Council Mark Novak, Fire Chief June 7, 2016 Ordinance No. 10, Series of 2016 Background During the April 20, 2016 Town Council meeting, staff delivered a presentation regarding fire department response to areas outside the Town of Vail municipal boundaries. In the process of preparing for this presentation, the Town Attorney identified several provisions within Chapter 7 of Title 5 of the Vail Town Code that required clarification. Ordinance No. 10 Series of 2016 provides such clarification. Notable changes to Chapter 7 of Title 5 of the Town of Vail Code proposed in Ordinance No. 10 are: 5-7-2 (A) Clarifies that requests for service in areas outside the municipal limits of the Town of Vail do not necessarily originate with the Eagle County Sheriff. 5-7-2 (B) Specifies that in addition to individual property owners, homeowners' associations and tenants may enter into a fire service contract. This section also clarifies that parties with a fire service contract will not be billed for response. 5-7-2 (D) Clarifies billing procedures and liability for payment for response to properties outside the municipal limits of the Town of Vail. In addition, 5-7-2 (A) has been amended based upon council direction at the first reading to specify that the Town Fire Department may (previously read shall) respond to request for service out of the Town's boundaries. Ordinance No. 10, Series of 2016 does not set the actual fees for fire protection contracts or response to properties. Resolution No. 23, Series of 2016 amends the fee structure referenced in 5-7-2 (A -B) of the Vail Town Code. Action Requested of Council Approve Ordinance No. 10, Series of 2016 on second reading. June 7, 2016 - Page 159 of 163 ORDINANCE NO. 10 SERIES 2016 AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 5 OF THE VAIL TOWN CODE CONCERNING COSTS ASSOCIATED WITH THE TOWN'S PROVISION OF FIRE PROTECTION SERVICES TO PROPERTIES LOCATED OUTSIDE TOWN BOUNDARIES WHEREAS, the Town's Fire Department provides fire protection services to properties located outside its municipal boundaries; and WHEREAS, the Town desires to clarify the responsibility for the costs associated with the provision of fire protection services to properties outside its municipal boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-7-1 of the Vail Town Code hereby is amended to read as follows: 5-7-1: PREAMBLE PURPOSE: The Town Council finds and determines that it would be of benefit to the Town as well as to the areas outside the Town of Vail boundary kRown as West Vail to continue providing fire protection services to these areas known as West Van! under the conditions set forth in this Chapter, because ire that provision of such services would protect property located within West Van! area outside the Town and would also help prevent the spread of any fire frern the West it area into the Town itself. Section 2. Section 5-7-2 of the Vail Town Code is hereby amended to read as follows: 5-7-2: SERVICES FEES OUTSIDE TOWN BOUNDARIES; FEES LIMITS: A. Response Set By TOWR Ce innil: The Town Fire Department may respond to requests for fire protection services out of the Town's boundaries Vis. Because the Town operates the dispatch for emergency and fire services for Eagle County, the Eagle County Sheriff is not required to request that the Town respond to fires outside the Town's boundaries. B. Alternative Optional Fees: As an alternative option to the fee schedule set forth in subsection C below, the Town may enter into contracts with property owners, homeowners' associations or tenants for the who ove—/' outside of Town l;rr„+s fie—provision of fire protection services outsideQ the Town's boundaries. When such a service contract is 1 5/26/2016 M: IADMINISTRATIOMOUT OF DISTRICT BILLINGI2016 OUT OF DISTRICT CHANGESIFIRE PRO TEC TION -0052016. DOCX June 7, 2016 - Page 160 of 163 in place, the fees for fire protection services shall be as stated in such service contract, and no additional fees or costs shall be charged for a response to a request for fire protection services. C. Fees: The fees for provision of fire protection services outside Town boundaries without a service contract Fees FefeFred toOn s b68Gtiens A and R abode shall be as currently adopted by the Town Council and shall be set forth on the schedule of fees maintained in the Fire Department. D. Liability: If a property is not subject to a service contract for fire protection services as described in subsection 8 hereof, and the Town Fire Department responds to a request, the Town may seek reimbursement from the property owner(s) and/or any party benefited by such fire protection services, as determined by the Fire Chief in his or her sole discretion, for the actual costs incurred by the Town in the provision of such fire protection services. The party benefiting from the fire protection services and the property owner(s) shall be jointly and severally liable for such costs. Any such costs, if unpaid, may be certified to the Eagle County Treasurer as a first and prior lien on any associated real property. Section 3. If any part, section, subsection, sentence, clause, or phrase of this ordinance for any reason is held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares that it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of any one or more parts, sections, subsections, sentences, clauses, or phrases being declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repeal shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. 2 5/26/2016 M: IADMINISTRATIOMOUT OF DISTRICT BILLIN02016 OUT OF DISTRICT CHANGESIFIRE PRO TECTION-O052016.DOCX June 7, 2016 - Page 161 of 163 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of May, 2016 and a public hearing for second reading of this Ordinance is set for the 7th day of June, 2016, 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 day of 12016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 3 5/26/2016 M: IADMINISTRATIOMOUT OF DISTRICT BILLIN02016 OUT OF DISTRICT CHANGESIFIRE PRO TECTION-0052016. DOCX June 7, 2016 - Page 162 of 163 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment 9:20 p.m. TOWN OF VAR' June 7, 2016 - Page 163 of 163