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2017-12-05 Agenda and Supporting Documentation Evening Regular Meeting
VAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, December 5, 2017 TOM Of UAJt 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 2. Proclamations 2.1. Proclamation No. 8, Series of 2017, Proclamation Decalring December8, 5 min. 2017 as "WhoVail Day"! Presenter(s): Dave Chapin, Mayor 3. Consent Agenda 3.1. Resolution No. 27, Series of 2017, A Resolution Approving the Purchase 5 min. of Real Property in the Town of Vail Legally Described as Altair Vail Inn Condominium, Unit #A104, Eagle County, Colorado with a Physical Address of 4192 Spruce Way, Vail, Colorado 3.2. Resolution No. 42, Series of 2017 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County for Animal Control Services; and Setting Forth Details in Regard Thereto 3.3. Minutes from November 7, 2017 meeting 4. Town Manager Report 4.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager 5. Action Items 5.1. Resolution No. 40, Series of 2017 Resolution to join the Eagle County Climate Action Collaborative and setting forth details in regard thereto Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager 5 min. 10 min. December 5, 2017 - Page 1 of 5 Action Requested of Council: Staff requests the Vail Town Council review the Memorandum of Understanding associated with Resolution No. 40, Series of 2017, to join the Eagle County Climate Action Collaborative, and approve, approve with modifications, or deny Resolution No. 40. Background: The Climate Action Collaborative is the next step of the Climate Action Plan for the Eagle County Community and the proposed organizational structure to accomplish the goals of the Plan. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 40, Series of 2017 as written. 5.2. Resolution No. 41, Series of 2017, Resolution to join the Compact of Colorado Communities and setting forth details in regard thereto Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council review Resolution No. 41, Series of 2017 and associated materials and approve, approve with modifications, or deny, Resolution No. 41, Series of 2017. Background: Founded by Mayor Steve Skadron (City of Aspen), the Compact of Colorado Communities has been established to bring cities and counties together to take constructive and practical climate action. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 41, Series of 2017. 5.3. Ordinance No. 19, Series of 2017, First Reading, Ordinance repealing Chapter 8 of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015 International Fire Code, concerning open burning. Presenter(s): Mike Vaughan, Fire Marshal Action Requested of Council: Approve or approve with amendments Ordinance No. 19, Series of 2017. Background: Please see the attached memo regarding this Ordinance Staff Recommendation: Approve or approve with amendments Ordinance No. 19, Series of 2017. 5.4. Ordinance No. 20, Series 2017, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series 2017 Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 20, Series 2017 6. Public Hearings 6.1. Ordinance No.15 Series 2017, second reading, an ordinance amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 15, Series 2017 Background: Please see attached memo Staff Recommendation: Approve or approve with amendments Ordinance 10 min. 15 min. 20 min. 75 min. December 5, 2017 - Page 2 of 5 No. 15, Series 2017 6.2. Ordinance No. 16, Series 2017, Second Reading, Ordinance providing for 5 min. the levy assessment and collection of town property taxes due for the 2017 tax year and payable in the 2018 fiscal year. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 16, Series 2017. Background: The town is required by Colorado state law to certify the mil levy by December 15 of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 16, Series 2017. 6.3. Ordinance No. 21, Series of 2017, First Reading, Ordinance Repealing and Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, Setting Forth Details in Regard Thereto 45 min. Presenter(s): Matt Panfil, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, deny, or continue the public hearing on Ordinance No. 21, Series of 2017 to December 19, 2017. Background: This is a request for a major amendment to Special Development District No. 36, Four Seasons Resort to allow for the reconfiguration of existing accommodation units (AUs), fractional fee units (FFUs), and dwelling units (DUs). The reconfiguration will result in an increase of eight (8) AUs (12) DUs, eighteen (18) attached accommodation units (AAUs/lockoffs), and a reduction of thirteen (13) unsold FFUs. Staff Recommendation: On September 11, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a major amendment to Special Development District No. 36, in accordance with the requirements of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 6-0-0 to forward a recommendation of approval to the Vail Town Council. A copy of the PEC meetings results have been included n the packet of materials. The Community Development Department recommends the Vail Town Council opens the public hearing on this request, listens to the staff and applicant presentations, asks questions of the staff and applicant and then continues this public hearing to December 19, 2017 for first reading. 6.4. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing 90 min. Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading. Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, 15 dwelling December 5, 2017 - Page 3 of 5 units with 20 attached accommodation units (lock -offs), and 15 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff Recommendation: On October 23, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail Town Council. 7. Adjournment 7.1. Adjournment at 10:45 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 High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. December 5, 2017 - Page 4 of 5 TOWN Of9 VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Proclamation No. 8, Series of 2017, Proclamation Decalring December8, 2017 as "WhoVail Day"! PRESENTER(S): Dave Chapin, Mayor ATTACHMENTS: Description Proclamation No. 8 WhoVail Day December 5, 2017 - Page 5 of 5 December 5, 2017 - Page 6 of 5 TOWN OF VAIL Proclamation No. 8, Series of 2017 A Proclamation Declaring December 8, 2017, as "WhoVail Day"! WHEREAS, this holiday season there will be a new twist to the story "How the Grinch Stole Christmas," in that this season it's not Whoville, it's WhoVAIL! WHEREAS, Four Seasons Resort and Residences Vail will unveil a life-size Dr. Seuss' Whoville-inspired gingerbread house, as part of its holiday offerings for children and their families. The giant gingerbread house combined efforts from their staff and children from the community; WHEREAS, the gingerbread house measures 140 square feet with over 1,500 gingerbread tiles and features an entrance through which children can enter, built in- house by master carpenter Frank Bontempo; WHEREAS, the gingerbread tiles inside will be made by the Resort's Pastry team lead by Andrew Schweska, and decorated by the children from Red Sandstone Elementary School, with a guest appearance from The Grinch and Fizzy Bruno starring as the Grinch's dog Max; WHEREAS, the local Vail Mountain School presents its student choir who will perform holiday carols for all to enjoy as part of the celebration; WHEREAS, the giant gingerbread house will be unveiled on Friday, December 8, 2017 at 4pm, at the Four Seasons Resort located at One Vail Road, symbolizing the beginning of the holiday season and providing an opportunity for all the community to come and enjoy; NOW, THEREFORE, BE IT PROCLAIMED by Mayor Dave Chapin and the Town Council of the Town of Vail, Colorado, that Friday, December 8, 2017, will be recognized as "WHOVAIL Day" to be celebrated by all who in live and visit our community, Vail, Colorado. Dated this 5th day of December 2017. Vail Town Council Attest: F,pltNG so , t.1 OF C'r's c, A.14 (.3:f PoRA-re° O�COMMUSN Dave Chapin, Mayor Patty McKenny, Town Clerk December 5, 2017 - Page 6 of 5 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 27, Series of 2017, A Resolution Approving the Purchase of Real Property in the Town of Vail Legally Described as Altair Vail Inn Condominium, Unit #A104, Eagle County, Colorado with a Physical Address of 4192 Spruce Way, Vail, Colorado ATTACHMENTS: Description Resolution No. 27, Series of 2017 December 5, 2017 - Page 7 of 5 RESOLUTION NO. 27 Series of 2017 A RESOLUTION APPROVING THE PURCHASE OF PROPERTY IN THE TOWN OF VAIL LEGALLY DESCRIBED AS ALTAIR VAIL INN CONDOMINIUM, UNIT #A104, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 4192 SPRUCE WAY, VAIL, COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to purchase property legally described as Altair Vail Inn Condominium, Unit #A104, Eagle County, Colorado with a physical address of 4192 Spruce Way, Vail, Colorado (the "Property"); and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The purchase of the Property is hereby approved by the Council at or below fair market value purchase price to be negotiated between the Town of Vail and the Seller. 2. The Town Manager is hereby authorized to execute, on behalf of the Town, an agreement to purchase the Property and to take whatever steps are necessary to complete the purchase of the Property. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5th day of December, 2017. Dave Chapin, Mayor of the Town of Vail, Colorado ATTEST: Patty McKenny, Town Clerk Resolution No. 27, Series of 2017 December 5, 2017 - Page 8 of 5 TOWN Of9 VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Resolution No. 42, Series of 2017 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County for Animal Control Services; and Setting Forth Details in Regard Thereto ATTACHMENTS: Description Resolution No. 42, Series of 2017 December 5, 2017 - Page 9 of 5 RESOLUTION NO. 42 Series of 2017 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY FOR ANIMAL CONTROL SERVICES; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town and the County of Eagle (the "County") wish to enter into an Intergovernmental Agreement (the "IGA") authorizing the County to provide animal control services within the Town limits; WHEREAS, the Council considers it in the interest of the public health, safety and welfare to provide animal control services; and WHEREAS, The Council's approval of Resolution No. 42, Series of 2017, is required to enter into an IGA NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with the County for animal control services on behalf of the Town in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5th day of December, 2017. Dave Chapin Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 42, 2017 December 5, 2017 - Page 10 of INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF VAIL FOR THE PROVISION OF ANIMAL SERVICES This Agreement made this , by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Vail, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Services on the terms and conditions hereinafter set forth; and WHEREAS, the County agrees to perform such Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 29-1- 201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY COVERED. The Services described herein will be provided within the municipal boundaries of the Town of Vail. SECTION 2. DEFINITIONS. "Eagle County Animal Services Officer" is defined as an employee of the County who performs tasks to provide services, among other tasks, described in this agreement. "Emergency Call" is defined as a situation involving life safety for a person or pet animal which cannot be defused by local law enforcement. "Emergency On -Call Service" is defined as any Emergency Call received by the County for which Animal Services assistance is required and no Eagle County Animal Services Officer is on duty to respond as more thoroughly described below. "Shelter" means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. December 5, 2017 - Page 11 of "Unclaimed Day" is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. The County agrees to provide General Animal Services and Emergency On -Call Service (collectively, the "Services") within the Town of Vail as follows: A. General Animal Services shall include: i. Randomly -scheduled patrols, consisting of inspection tours looking for violations or responding to complaints. The scope of these patrols is to be designed to gain voluntary compliance and uniform administration of the Town of Vail Animal Ordinance as defined below. ii. Administration and enforcement of Title 6 of the Town of Vail Municipal Code ("Town of Vail Animal Ordinance") presently in effect and as may be subsequently amended to apply for the control and licensing of animals within the Town boundaries. The Eagle County Animal Services Officer shall be considered the Animal Control Officer of the Town as defined by Section 6.4.2 of the Town of Vail Municipal Code. iii. The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Vail. iv. Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the Town are animals impounded within the Town of Vail and animals owned by persons dwelling, permanently or temporarily, in the Town of Vail. B. Emergency On Call Services shall include: i. Unless otherwise arranged in accordance with Section 3.0 of this Agreement, Emergency On -Call Services will be provided outside normal County business hours. In the event that an Eagle County Animal Services Officer is not immediately available to respond to an incident or emergency, the Town of Vail will provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Services Officer arrives to resolve said incident. C. After Hours Patrolling i. When requested by the Town and approved by the County patrolling will be provided outside of normal County business hours. December 5, 2017 - Page 12 of SECTION 4. OFFICIAL STATUS. For the purpose of performing the Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town's agent, the Town of Vail Animal Ordinances relating to animal control and licensing now in effect and as amended. SECTION 5. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 6. COMPENSATION. A. The Town of Vail agrees to pay the County, monthly, at the following amounts: 1. January 1 through December 31, 2018: $3645.00/month 2. January 1 through December 31, 2019: $3990.00/month 3. January 1 through December 31, 2020: $4335.00/month B. The Town of Vail agrees to pay the County on or before the fifteenth day of each month for all Services rendered the previous month. C. All fees and expenses recovered at or for the Shelter will remain with the County. D. All court fines and costs will remain with the court of venue. SECTION 7. PERSONNEL. A. The Eagle County Animal Services Officer shall have full cooperation from the Town of Vail, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. B. The rendition of Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. C. All persons employed in the performance of such Services for the Town of Vail, pursuant to this agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3. SECTION 8. LIABILITY AND INSURANCE. A. The County and the Town shall respectively provide its own general liability and public officials' errors and omissions insurance coverage for claims arising from this December 5, 2017 - Page 13 of Agreement. Further, the County and the Town, respectively as named insureds, shall include the other respective party, its officers, employees, and agents, as additional insureds under the named insured's insurance policies. The named insured's insurance shall be primary and non-contributory as respects any covered claim against an additional insured arising out of the premises or operations of the named insured. The parties agree that a claim arising out of the County's enforcement of the Town's ordinance in accordance with the terms of this Agreement shall constitute an operation of the Town for purposes of the County's additional insured status under the Town's insurance. A certificate of insurance consistent with the foregoing requirement is attached hereto as Exhibit A. This provision shall survive expiration or termination of this Agreement. B. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors' or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. SECTION 9. TERM AND TERMINATION. A. This Agreement is effective January 1, 2018, and shall end at 11:59 p.m. on the 31st day of December, 2020. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination (calculated by prorating the monthly rate for the number of days the County performed Services), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. B. Obligations of the Town of Vail and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. [the rest of this page is intentionally blank] December 5, 2017 - Page 14 of SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Vail and the County, under this Agreement, shall be in writing and shall be deemed to have been given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Vail: Town Attorney 75 S. Frontage Road Vail, CO 81657 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. December 5, 2017 - Page 15 of IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Attest: By: Regina O'Brien, Clerk to the Board Attest: By: Town Clerk Jillian Ryan, Chair TOWN OF VAIL By: Mayor December 5, 2017 - Page 16 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from November 7, 2017 meeting ATTACHMENTS: Description Minutes from November 7, 2017 meeting TOWN Of9 December 5, 2017 - Page 17 of Vail Town Council Meeting Minutes Tuesday, November 7, 2017 3:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 3:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. DRB / PEC Update 1.1. DRB / PEC Update Presenter(s): Chris Neubecker, Planning Manager There were no call up of the most recent DRB or PEC actions. 2. Presentations / Discussion 2.1. Update on Gore Creek Macroinvertabrate Scores Presenter(s): Dave Rees, Timberline Aquatics and Pete Wadden, Watershed Education Coordinator Action Requested of Council: As this in an informational presentation only, there is no action requested of Council at this time. Background: Dave Rees, aquatic entomologist, will provide an overview of his surveys of Gore Creek Macroinvertebrate populations from 2016. Gore Creek has been listed as an "Impaired Waterway" by the Colorado Department of Health and Environment for failing to meet EPA standards for aquatic life since 2012. The town and its partners have undertaken major efforts to reverse the downward trend in insect populations in the creek. In 2016, some improvements in aquatic insect populations were observed in several monitoring locations in the creek, while declines were observed in others. Rees will present the findings from 2016 and offer analysis of what the scores indicate about the current status of Gore Creek. The presentation covered an overview of the surveys of Gore Creek bug populations from 2016. Results included both improvements and declines on various locations of the creek. Town Council Meeting Minutes of November 7, 2017 Page 1 December 5, 2017 - Page 18 of 2.3. Presentation of the Commission on Special Events (CSE) funding allocations for 2018 Cultural, Recreational and Community Events and Education and Enrichment Programming Presenter(s): Mark Gordon, Commission on Special Events Action Requested of Council: Informational only. No formal action required. Background: The CSE received 49 proposals in response to the RFP for 2018 events/programs that was issued in August. "Special Event Rating Criteria" was used to evaluate all proposals with respect to how they align with a strategic approach to providing a diverse calendar of events that are well matched to the Vail brand and will exceed the expectations of the Vail guest. Staff Recommendation: The CSE believes this is a strong calendar of events aligned with the Town Council's mission of providing our citizens and guests with "an abundance of recreational, cultural and educational opportunities" that will continue to drive increased results and contribute to providing thought provoking educational and life enriching opportunities. It was noted that of 49 funding proposals, 41 of them were slated for funding from CSE. There were additional comments made about the Legacy Fighting Alliance, mixed martial arts sporting event, TEDxVail, Vail Craft Beer, and Vail Centre proposals. Concerns were expressed about meeting brand and the details of the programming. Moffet moved to call up recommended funding allocations for Vail Centre, Betty Ford Alpine Gardens and King of the Mountains event for further detailed discussion and evaluation. Foley seconded the motion and it passed (6-1; Mason opposed). 2.2. The Vail Valley Foundation will present the opportunity for Vail to host one stage of the 2018 Colorado Classic on Friday, August 17, 2018. Presenter(s): Mike Imhof, Vail Valley Foundation Action Requested of Council: No action requested. Informational and discussion purposes only. Background: The Colorado Classic & Velorama Festival is a professional bike race and music festival including an expo and food & beverage offerings. The event producers are currently scheduling their 2018 schedule and stage locations. The VVF is interested in acting as the hostorganizer for a stage in Vail and partnering it with their Whistle Pig music festival event occurring the same weekend. Staff Recommendation: Staff recommends exploring the opportunity of one stage of the Colorado Classic in Vail on Friday, August 17, 2018. Discussion was held on the possibly hosting of the Colorado Classic in August 17, 2018. Imhof explained the different options of the proposed event, i.e. time trial vs. circuit race. Town Council was generally supportive of the proposal with preference for multi-year commitment, two-stage event. More negotiations would occur and VVF would return with an update at the next meeting. Town Council Meeting Minutes of November 7, 2017 Page 2 December 5, 2017 - Page 19 of 3. Information Update 3.1. VLHA Meeting Results 3.2. September 2017 Sales Tax Report 3.3. August 2017 Vail Business Review 3.4. Revenue Update 4. Matters from Mayor, Council and Committee Reports Several committee and town updates were presented by council members. 5. Executive Session 5.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b) - to receive legal advice on specific legal questions Regarding: Topic of which cannot be disclosed without jeopardizing the purpose of the Executive Session. Moffet moved to convene to an executive session; Foley seconded the motion and it passed (7-0) at 4:45 p.m. The executive session adjourned at 5 p.m. 6. Consent Agenda 6.1. Resolution No. 37, Series of 2017, A Resolution Approving an Amended and Restated Reciprocal Hazardous Material Incident Intergovernmental Agreement; and Setting Forth Details in Regard Thereto. 6.2. Minutes from October 3, 2017 meeting 6.3. Minutes from October 17, 2017 meeting 6.4. Contract Award to Adcon Moffet moved to approve the consent agenda; Cleveland seconded the motion and it passed (7-0). 7. Town Manager Report It was noted a community reception would be held November 14 to recognize the new town manager, the police chief and the streets superintendent. 8. Break estimated at 5:15 p.m. 9. Citizen Participation began at 5:30 p.m. Bob Armour, resident, spoke about signage at the Sandstone underpass and flashing signs in general; he does not support excessive signs or flashing signs. In addition, he thanked Dick Cleveland for his years of service to the Town. Tom Saafield, VRD Chairman, thanked the town for their support of their election question and passage of the mil levy tax increase; he looked forward to working cooperatively together. Penny Wilson, resident, spoke about winter parking policies requesting the enforcement of looping and a return to the two hour free parking. Town Council Meeting Minutes of November 7, 2017 Page 3 December 5, 2017 - Page 20 of 10. Action Item 10.1. Resolution No. 29, Series of 2017 A Resolution Approving the Town of Vail Transportation Impact Fee Schedule, Pursuant to Title 12-26; and Setting Forth Details in Regard Thereto Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, modify or deny Resolution No. 29, Series 2017. Background: On July 11, 2017 the Town of Vail adopted an amendment to Title 12 of the Vail Town Code to add a new Chapter 26, Transportation Impact Fee. In order to implement this fee the Town Council must approve a Transportation Impact Fee Schedule by Resolution. After a brief presentation, Mayor Chapin invited public comment and Tom Braun, Braun & Associates, and Jim Lamont, Vail Homeowners Association, provided input on the topic. Bruno moved to approve Resolution No. 29, Series of 2017 A Resolution Approving the Town of Vail Transportation Impact Fee Schedule, Pursuant to Title 12-26; and Setting Forth Details in Regard Thereto, with a 15% reduction in the fee; Foley seconded the motion and it passed (6-1; Moffet opposed). 10.2. Permission to Proceed - Solar Vail Access Presenter(s): Justin Lightfield, Planner Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of improved access for the redevelopment of Solar Vail. This utilization of Town of Vail property would be subject to the terms of an access easement in a form acceptable to the Town Attorney. Background: The proposal includes a modification to this existing access driveway to improve both vehicular and pedestrian safety, and two sidewalks to the west to provide pedestrian access to the existing bus stop. The proposal within Tract A includes a driveway, sidewalks, and lighting. The access improvements impact approximately 2,000 square feet of Tract A. The proposal on Potato Patch, Block 2, Lot 8 (zoned General Use), includes two walkways totaling 280 square feet. The Applicant must obtain approval from the Vail Town Council as the property owner before proceeding through the Town's development review process for any improvements on Town owned property. Staff Recommendation: Instruct Town Staff to sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed improvements. Moffet moved to approve the permission to proceed through the town development review process with the Solar Vail access application. The motion was seconded and approved (7-0). 10.3. First reading of Ordinance No. 15, Series 2017, an ordinance amending Title 4 of Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith Town Council Meeting Minutes of November 7, 2017 Page 4 December 5, 2017 - Page 21 of Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve, deny or approve with amendments Ordinance No. 15, Series 2017. Background: Please see the attached memo outlining proposed changes to short term rental regulations based on feedback from Council throughout the year. Staff Recommendation: Approve, deny or approve with amendments Ordinance No. 15, Series 2017 After a brief introduction of the topic and some discussion about the join ownership terms of the short-term rentals as it relates to duplexes, public input was invited by Mayor Chapin. ■ Dinnis & Shelia Linn expressed support for the joint ownership. ■ Leah O'Brien noted there is a loss of community and rental property with short term rentals. ■ Joe Staufer expressed concern about allowing this kind of use in the residential areas. ■ Stephen Connolly requested more provisions addressing shared spaces. ■ Bill Fleischer expressed concern with the legislation. Council's comments addressed the local property contact, on-site posting of the contact information, the affidavit requirements for the life -safety measures. The council voted to table the short term rental ordinance to allow staff to make changes as directed by town council (6-1; Moffet opposed). 11. Public Hearing 11.1. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading. Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff Recommendation: On October 23, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail Town Council. Town Council Meeting Minutes of November 7, 2017 Page 5 December 5, 2017 - Page 22 of Ordinance No. 9 was tabled to the December 5, 2017 meeting. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of November 7, 2017 Page 6 December 5, 2017 - Page 23 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report PRESENTER(S): Greg Clifton, Town Manager ATTACHMENTS: Description Town Manager Report TOWN Of9 December 5, 2017 - Page 24 of TOWN OF511.) 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - DEC. 5th TOWN COUNCIL MEETING TOPICS • Bicycle Friendly Community • Regional Mayors & Managers • Clubhouse Update • Holiday Decorations • Vail Board of Realtors • Intermountain Project • Holiday Party • Looping Enforcement • Community Meetings 4-r-4 BICYCLE FRIENDLY ;Amp COMMUNITY 2r,7-zr.2, THE LEAGUE SILVER OS AW(IICAN BICYCLISTS TM Bicycle Friendly Community Town Manager's Office 970.479.2106 970.479.2157 fax We've retained our ranking as a Silver Bicycle Friendly Community by the League of American Bicyclists following a recent assessment. Vail was elevated to a silver designation in 2014 after earning a bronze status in 2009. The award recognizes communities with remarkable commitments to bicycling. With the announcement of 65 new and renewing Bicycle Friendly Communities for 2017, Vail remains in a leading group of over 500 communities across the country that are transforming neighborhoods and destinations. Thanks to the hard work of Gregg Barrie and Mark Hoblitzell on our staff for facilitating the application process. Our silver ranking is good through 2021 and is due, in part, to Vail's extensive recreation trail system and mountain biking facilities as well as the community's longstanding enthusiasm for biking. In recent years, we have widened shoulders along frontage roads and added bicycle markings on other streets. We also manage the Sole Power Challenge which encourages bicycle commuting throughout the summer. In addition, the new Sandstone underpass includes bicycle lanes and an improved access point to the Gore Valley Trail. Regional Mayors & Managers Meeting The meeting was held in Eagle on November 17th and was well attended. Jill Ryan, BOCC Chair, led the discussion. Topics for discussion included (1) an update on Ballot 1A, the Mental Health Ballot Initiative, and next steps; (2) an update regarding the International Mountain Bike Association Designation, being sought in April, 2018; (3) an update re the Eagle County Climate Action Plan; and (4) an update from the USFS regarding its parcel in Down Junction, currently used for administrative purposes (the agency is seeking to consolidate its facilities in one location in Eagle.) December 5, 2017 - Page 25 of Town Manager's Report Golf & Nordic Clubhouse Update Temporary remedial work has been performed to correct some flooring issues, as depicted in the image of newly installed carpeting in the most problematic area. As noted previously, we will likely be seeing a complete replacement of the flooring in the spring. There are numerous other items that remain on the punch - list, which remains a work -in -progress at this time. As the warranty period for many of the improvements approaches, we will need to regroup and strategize our best approach going forward, with emphasis upon correcting those issues that present more immediate problems. Holiday Spirit The beautiful Holiday wreath now adorns Town Hall, courtesy of Dave Richardson with Public Works. When Dave is not serving as an electrician, he fills his time by beautifying the town. In between all that, he stays busy in the kitchen, and is quite known for his talents there as well! Vail Board of Realtors Mayor Chapin and I attended the Vail Board of Realtors meeting in Edwards on Nov. 28th and presented an update on current issues and topics with the Town of Vail. The presentation was well received and numerous questions were entertained afterward. Intermountain Fire Mitigation Project Pile burning on Phase I of the Intermountain Fuels Reduction Project was initiated the week of Nov. 27th. During the first week, 750 piles were burned on a total of 37 acres. While efforts were taken to notify the public, including the usage of the CDOT variable message sign, we did receive numerous phone calls inquiring about the smoke, and one complaint which was promptly addressed. Pile burning will be conducted in the Buffer Creek and Intermountain areas when conditions are favorable for smoke dispersal and fire control. Pile burning on the Intermountain phase II units (helicopter logging) will occur next winter. Page 2 December 5, 2017 - Page 26 of Holiday Party A friendly reminder: The Town employees are excited to celebrate the holiday season. The annual employee holiday party is scheduled for Thursday, December 7th from 5:30 to 9pm at Pepi's. The Town Council is of course invited and encouraged to attend. Keep an eye out for the official invitation and please RSVP. Reigning -in the Loopers With utilization of existing infrastructure and monitoring systems at both parking structures, the Town is taking enforcement action against those drivers who are "looping" within the parking facilities. Warning tickets will be issued until December 101h, and citations will be issued subsequently thereafter. Meeting Community Members Recent meetings have involved the folks at Bravo!Vail, Chris Montera with Eagle County Paramedic Services, Chris Romer with Vail Valley Partnership, Ross Iverson with Vail Centre, and Stephen Connolly. We continue to have discussions with the Vail Valley Foundation related to the Velorama Bike Race (stay tuned), and we look forward to our continued meetings and a soon -to -be - scheduled joint retreat with Vail Resorts. Chamonix Update George Ruther will be providing a verbal update regarding this project during the Council meeting. Town Manager's Report Page 3 December 5, 2017 - Page 27 of TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 40, Series of 2017 Resolution to join the Eagle County Climate Action Collaborative and setting forth details in regard thereto PRESENTER(S): Kristen Bertuglia, Environmental Sustainability Manager ACTION REQUESTED OF COUNCIL: Staff requests the Vail Town Council review the Memorandum of Understanding associated with Resolution No. 40, Series of 2017, to join the Eagle County Climate Action Collaborative, and approve, approve with modifications, or deny Resolution No. 40. BACKGROUND: The Climate Action Collaborative is the next step of the Climate Action Plan for the Eagle County Community and the proposed organizational structure to accomplish the goals of the Plan. STAFF RECOMMENDATION: Staff recommends the Vail Town Council approve Resolution No. 40, Series of 2017 as written. ATTACHMENTS: Description Resolution No. 40, Series of 2017 Memorandum Resolution No. 40, Series of 2017 Climate Action Plan for the Eagle County Community Exhibit A - Resolution No. 40 Series of 2017 December 5, 2017 - Page 28 of TOWN of vain f Memorandum TO: Vail Town Council FROM: Community Development Department DATE: December 5, 2017 SUBJECT: Resolution No. 40, Series of 2017, a resolution to join the Eagle County Climate Action Collaborative I. PURPOSE The purpose of this memorandum is to present Resolution No. 40, Series of 2017, which allows the Vail Town Manager to sign a Memorandum of Understanding on behalf of the Town of Vail to join the Eagle County Climate Action Collaborative, and commits the town to the following strategies and actions to achieve the goals of the Climate Action Plan for the Eagle County Community: 1) Demonstrating leadership, 2) Coordinating policies and programs, 3) Developing education and outreach, 4) Data collection and sharing, 5) Collaborative participation and representation, 6) Support (either financial or in-kind, based upon organizational budget or greenhouse gas emissions) 11. BACKGROUND On January 17, 2017 the Vail Town Council approved Resolution No. 2, Series of 2017, a resolution supporting the goals of the Climate Action Plan for the Eagle County Community. Resolution No. 2 was the result of a year-long process during 2016 in which a group of 30 stakeholders representing local governments, businesses, schools, and nonprofits from throughout Eagle County collaboratively worked together to create a community -wide climate action plan to help guide greenhouse gas emission reductions into the future. Through this resolution, the Town of Vail supported the goals of the plan, which include reducing greenhouse gas emissions by 25% by 2025 and 80% by 2050. Throughout 2017, individual working groups relating to each topic area (e.g. waste, energy, education, transportation) have met to develop plans of action to meet the goals of the plan. In addition, the greater stakeholder committee and an organizational structure committee have met to determine the proper collaborative structure upon which the Climate Action Plan stakeholders can work together to achieve the Plan's initiatives. To that end, the group has formed the Climate Action Collaborative, established through a non-binding Memorandum of Understanding amongst the stakeholder organizations. As part of the Climate Action Collaborative, the Town of Vail will have access to technical assistance and training, educational, promotional, and public relations opportunities, financial incentives and grant funding, measurement and metrics data and analysis related to GHG inventories, and the Climate Action Collaborative Annual Report. December 5, 2017 - Page 29 of III. STAFF RECOMMENDATION Staff recommends the Vail Town Council approve Resolution No. 40, Series of 2017 as written. IV. ATTACHMENTS A. Resolution No. 40, Series of 2017 B. Climate Action Plan for the Eagle County Community C. Climate Action Collaborative Memorandum of Understanding Town of Vail Page 2 December 5, 2017 - Page 30 of RESOLUTION NO. 40 Series of 2017 A RESOLUTION TO JOIN THE EAGLE COUNTY CLIMATE ACTION COLLABORATIVE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail's Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, includes Goal #2, "Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change"; WHEREAS, the Town of Vail supports the goals of the Climate Action Plan for the Eagle County Community of a reduction of greenhouse gas emissions of 25% by 2025 and 80% by 2050; WHEREAS, the stakeholders of the Climate Action Collaborative (CAC) of the Eagle County Community desire a collaborative structure to meet the goals and recommendations of the 2016 Climate Action Plan (CAP) for the Eagle County Community; and WHEREAS, the Memorandum of Understanding (MOU) supports the creation of a collaborative structure upon which CAC stakeholders can work together and partner to achieve CAP initiatives. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Town of Vail hereby formally supports the Town Manager in signing the Exhibit A, Memorandum of Understanding, joining the Eagle County Climate Action Collaborative and committing the town to the following: A) Leadership: The signatories of this MOU (member stakeholders of the CAC) commit to demonstrate leadership in the mountain region of Colorado by providing a model for how decisive, coordinated local climate action contributes to robust regional economic growth and inspires collective action on GHG emissions that helps protect the natural environment, year-round resilient economy, and overall community health and well-being. B) Coordinated Policies and Programs: The signatories of this MOU will strive to coordinate on policy goals and program outcomes that are aligned and complementary to reduce GHG emissions throughout all of the communities in Eagle County. Signatories will collaborate on adopting consistent standards, benchmarks, strategies, projects, and overall goals related to community -wide climate action. C) Education and Outreach: The signatories of this MOU will collaboratively develop, refine and utilize messaging and tools for climate action outreach to engage decision makers and the general public in GHG emission reductions activities. Signatories will share success stories, challenges, and other related information that supports and enhances GHG emission reduction efforts throughout the Eagle County community. Resolution No. 40, Series of 2017 Page 1 of 2 December 5, 2017 - Page 31 of D) Data: The signatories of the MOU commit to providing data and information to the CAC as necessary to assist in developing metrics and measurements to calculate GHG emissions and in order to share collective impacts and successes. E) Collaborative Participation and Representation: The signatories of this MOU agree to work together to develop smart innovative ways to learn from one another and add value, efficiency and effectiveness to existing and future climate action initiatives which will minimize duplication of efforts, with the goal of reducing, not increasing, resource demands to achieve shared objectives. Each signatory will provide a designated representative to participate in quarterly collaborative meetings and additional working group meetings. Each representative will have one vote on decisions of the collaborative. Representatives will elect a chairperson and a co -chairperson to serve a three-year term to help guide and support governance of the collaborative group. F) Support: The signatories of this MOU will provide annual financial and/or in-kind membership contributions, subject to annual appropriations, to support: 1) overall collaborative strategy and management including partner services, communications, financial administration, and meetings; 2) technical energy efficiency and renewable energy services which directly benefit signatories' buildings and other infrastructure; and 3) coordinated education and outreach strategies and public awareness campaigns to positively impact and engage constituents throughout the Eagle County community. Financial and/or in-kind membership contributions may be determined based upon each signatory's total annual budget, annual energy use, or other method as deemed appropriate to support the CAC's efforts annually to complete goals and tasks necessary to implement of the Climate Action Plan. G) Member Services and Fiscal Agent: In order to gain financial efficiencies and leverage combined resources of the signatories to this MOU, the CAC may determine to contract a local non-profit or other entity to provide overall member services support, serve as fiscal administrative agent, and assess and evaluate the performance of the CAC. The Town of Vail hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents/constituents of the Town of Vail. 2017. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of December David Chapin, Mayor, Town of Vail ATTEST: Patty McKenny, Town Clerk Resolution No. 40, Series of 2017 Page 2 of 2 December 5, 2017 - Page 32 of CLIMATE ACTION PLAN FOR THE EAGLE COUNTY COMMUNITY December 2016 ember 5, 2017 - Page 33 of 567 OUR MOUNTAIN COMMUNITY IS AT RISK > Winters are getting warmer and shorter ■ There are now 23 fewer days with freezing temperatures than before the 1980s ■ Scientists predict we'll have 30 more days without freezing temperatures by 2060 ■ Spring snow packs are declining and Tess predictable > Summers are getting hotter ■ The last 15 months have been the hottest on record globally ■ Warmer average summer temperatures are on the rise ■ With every i.o°F increase in temperature, we'll see a 3-4% decrease in water supply > Mountain ecosystems are changing ■ Increasing insect pests are changing our forests ■ Scientists predict more extreme events - wildfires, droughts, and floods ■ Wildlife is on the move, adapting to changes in habitat ■ Rising temperatures lead to declining runoff in creeks and rivers ■ The Eagle County Community is Ready to Take Climate Action December 5, 2017 - Page 34 of 567 TABLE OF CONTENT Acknowledgments Introduction Why Climate Action? Why Now? Targets for Greenhouse Gas Emission Reductions Recommended GHG Reduction Goals by Sector • Education and Outreach • Residential Buildings • Commercial Buildings • Transportation and Mobility • Waste and Landfill • Energy Supply Recommendations for Decision Makers What Does Success Looks Like? Considerations for Implementation Appendix A - Project Ideas and Recommendations Appendix B - Stakeholder Meetings and Public Engagement Information Appendix C - 2014 Eagle County Energy Inventory Appendix D - Glossary of Key Terms Appendix E - Literature Cited Page 1 Page 2 Page 6 Page 13 Page 14 Page 21 Page 22 Page 23 Page 24 Page 34q Page 35 Page 40 Page 40 PROTECTING COMMUNITY VALUES We can help prevent community health threats like increasing insect -borne diseases, increasing allergies, smoke waves from wildfires, and other forms of air and water pollution. We can protect the places we play, reduce the risk of catastrophic fires in our forests, and reduce flooding in our streams and rivers. Investing in energy efficiency, solar arrays, electric and hybrid vehicles, smart growth, and creating new green jobs will position us as leaders in the coming `post -carbon economy'. December 5, 2017 - Page 35 of 567 December ACKNOWLEDGMENTS Stakeholders Terry Armistad, Town of Minturn Jared Barnes, Eagle County Kristen Bertuglia, Town of Vail Tom Boyd, Vail Valley Foundation Fritz Bratschie, Vail Resorts Shawn Bruckman, Ground Up Mikayla Curtis, Eagle River Youth Coalition Deron Dirksen, Town of Eagle Matt Donovan, Vail Honeywagon Lana Gallegos, Town of Gypsum Mac Garnsey, Vail Valley Foundation John Gitchell, Eagle County Chris Hildred, Holy Cross Energy Patrick Hirn, Eagle County Schools Melissa Kirr, Walking Mountains Science Center Stephanie Lewis, Vail Mountain School John -Ryan Lockman, Energy Smart CO at Walking Mountains Chris Lubbers, Eagle County Nikki Maline, Energy Smart CO at Walking Mountains Jesse Masten, Eagle County Anne McKibbin, Town of Eagle Roberto Morales, Vail Valley Medical Center Adam Palmer, Eagle County Glenn Phelps, Eagle River Water & Sanitation District Susan Philp, Town of Basalt Mercedes Quesada-Embid, Ph.D., Colorado Mountain College Brian Rodine, Vail Resorts Clete Saunier, Eagle County Derek Schmidt, East West Destination Hospitality Sarah Smith-Hymes, Town of Avon Harry Taylor, Eagle County Brian Tracy, Eagle River Water & Sanitation District Mary Wiener, Holy Cross Energy John Widerman, Town of Minturn Technical Presentations / Consultants Abel Chavez, Ph.D., Western State Colorado University Peter Krahenbuhl, Natural Capitalism Solutions Chris Menges, City of Aspen Erica Sparhawk, Clean Energy Economy for the Region Preparers Kim Langmaid, Ph.D., Walking Mountains Science Center Kelsey Maloney, Walking Mountains Science Center Larissa Read, Common Ground Environmental Consulting, LLC Scott Robinson, Walking Mountains Science Center Special thanks to the Eagle County Board of County Commissioners for their support and leadership on climate action: Jeanne McQueeney, Chair Kathy Chandler -Henry, Commissioner Jillian H. Ryan, Commissioner This planning effort was supported by funding from the Eagle County Government and coordinated by staff at Walking Mountains Science Center. walking mountains® science center wallcingmountains.org 1 970.827.9725 Climate Action Plan for the Eagle County Community I Page 1 EAGLE COUNTY 5, 2017 - Page 36 of 567 INTRODUCTION Climate change is disrupting the basic operating system of our planet. Mountain regions are particularly vulnerable due to their hydrology, ecology, and recreational economies. In the past 30 years, the annual average temperature in Colorado has increased by 2.0°F (Lukas et al., 2014), and Eagle County's natural environment is feeling the effects. The timing of snowmelt and peak runoff has shifted earlier in the spring, and there are more frost -free days (days with minimum temperatures above freezing) than there were before the 1980s. These fewer days of freezing temperatures impact the water storage in our snow pack, alter the timing and amount of river runoff, hamper the ability to make snow for skiing, debilitate the health of our forests and wildlife, increase the threat of forest fires and flooding, and subsequently, put at risk the very basis of our recreational economy and daily lifestyles. Local climate change takes place within the context of global climate change and greenhouse gas (GHG) emissions. Carbon dioxide (CO2), a potent GHG, has increased by 40% from 280 parts per million (ppm) in the pre -industrial era to 400 ppm today, a level that the earth has not seen in at least 800,000 years, due primarily to the burning of fossil fuels (Lukas et al., 2014). Each of us has a responsibility to take action to reduce GHG emissions and prevent increasing negative impacts of climate change. We can be proactive and embrace the challenge of climate change. We can learn to change; we can take action and innovate; and, we can each do our part to ensure a sustainable future for our Eagle County community. Each of us has a responsibility to take action to reduce GHG emissions and prevent increasing negative impacts of climate change. December 5, 2017 - Page 37 of 567 le County Community I Page 2 December This Climate Action Plan for the Eagle County Community is the culmination of a year-long effort that included more than 30 community stakeholders. Their tasks were to develop targets for the reduction of GHG emissions for the entire community within Eagle County and to identify and prioritize projects and policies by sector that will help the community achieve those targets. The plan calls for aspirational, yet achievable, targets for overall GHG emission reductions: 25% by 2025, and a minimum of 800/o by 2O5o. The 2050 target is in alignment with the recent recommendation of the Intergovernmental Panel on Climate Change (IPCC, 2014). In order to meet the established targets, this plan also contains project recommendations for the community, including the county government, towns, businesses, nonprofits, and other partners to begin immediate climate action, as well as plan for the future. Stakeholders hard at work discussing solutions. The stakeholders met regularly from March to November 2016, and each meeting included educational components, as well as activities to engage and solicit stakeholder feedback on critical elements of the plan. The stakeholders represented a diverse and engaged group of community leaders, county and municipal government employees, and representatives from key industries in the community. Guest speakers added technical expertise and an outside perspective to the process. Collectively, the plan reflects the strong values of the Eagle County community including our health and well-being, our natural environment and recreational economy, and our potential as leaders in creating a robust post -carbon economy. Highlights of the plan were shared at three public open house meetings during September 2016. A survey was available at the open house sessions and on the Walking Mountains Science Center website to solicit feedback and public comments. The stakeholders recommended the final plan for adoption by the Board of Eagle County Commissioners and other elected officials in December 2016. Climate Action Plan for the Eagle County Community I Page 3 Recommended GHG emissions reduction targets: 25% by 2025, minimum of 80% by 2050. 5, 2017 - Page 38 of 567 SUMMARY OF RECOMMENDATIONS FOR CLIMATE ACTION Education and Outreach ■ Establish climate education team ■ Create county -wide marketing campaign ■ Enhance Eco -Schools for K-12 schools ■ Expand Actively Green business trainings and certifications ■ Leverage special event platforms to change behaviors Commercial Buildings Sector Reduce GHG emissions 25% by 2025 Focus on energy efficiency Provide incentives Adopt "above building code" standards Promote and incentivize efficient use of water Waste and Landfill Sector Set a waste diversion goal that is above the national average Develop a plan to increase waste diversion through recycling and composting Install waste -to -energy methane capture system at landfill Provide residential and commercial composting services Residential Building Sector ■ Reduce GHG emissions 25% by 2025 ■ Focus on energy efficiency ■ Expand Energy Smart Colorado program and incentives ■ Adopt "above building code" standards ■ Promote and incentivize efficient use of water Transportation and Mobility Sector ■ Reduce local GHG emissions 100/0 by 2025 ■ Include local commuter train or bus rapid transit ■ Expand use of electric vehicles ■ Encourage multi -modal transportation systems ■ Strive for efficient land use patterns with housing in proximity to workplaces Energy Supply Sector ■ Expand local exterior energy offset programs (Eco -Build example) ■ Identify locations for local solar arrays ■ Encourage energy utilities to set aggressive GHG emission reduction goals for the Eagle County Community I Page 4 December 5, 2017 - Page December As the impacts of climate change become evident around the world and international efforts to curb GHG emissions are more prevalent, many local communities have begun serious climate action planning to be part of the solution. The Eagle County Board of County Commissioners made "climate action planning" a priority in the County's 2016 strategic plan, and Walking Mountains Science Center's Sustainability and Stewardship Programs Department was contracted to convene and facilitate a stakeholder and community - driven climate action plan. The resulting Climate Action Plan for the Eagle County Community reflects a strong commitment to reduce the community's GHG emissions by a minimum of 80% by 2050, an amount in alignment with that of the Intergovernmental Panel on Climate Change (IPCC, 2014). Local, regional, and state efforts have become the cornerstone of climate action because national and international energy policy and emissions reduction efforts are slowed and often stifled by policy, politics, and bureaucratic processes. Furthermore, local governments and communities are often in a better position to engage citizens and have an immediate and direct impact toward reducing GHG emissions. This climate action plan is specifically focused on mitigation. Climate mitigation is defined as efforts that reduce or prevent GHG emissions. Climate adaptation is defined as efforts that help the community prepare for and adjust to the current and future impacts of climate change. Although this plan does not specifically address climate adaptation, other efforts are being taken throughout the Eagle County community to prepare for the changing climate. The stakeholders believe that future climate action planning initiatives should integrate both mitigation and adaptation. 5, 2017 - Page 40 of 567 This Climate Action Plan for the Eagle County Community includes a vision for success—what success looks like, and how it can be achieved. The actions recommended in the plan are broken into six sectors: 1) education and outreach, 2) residential buildings, 3)commercial buildings and industrial operations, 4) transportation and mobility, 5) waste and landfill, and 6) energy supply. Detailed actions and projects have been identified by the stakeholders to support GHG emission reductions in each of the sectors. The plan also includes recommendations for decision makers at all levels within the community, ranging from needed policy changes to on -the -ground activities. Broader public comment on the plan was solicited during September 2016 at three open house sessions, and the community's ideas were incorporated into the final plan. This final plan has been approved by the stakeholders with a strong recommendation for adoption by all local governments, including special districts, businesses, nonprofits, educational institutions, and neighborhood associations, the goal is that GHG reduction targets are consistent with the ability of each entity to select the strategies and actions that are most appropriate for their situations. WHY CLIMATE ACTION? WHY NOW? The plan includes a vision for success — what success looks like, and how it can be achieved. We live in a county that is heavily dependent upon climatic conditions. As the climate warms, we enter an era of uncertainty. Imagine our ski and snowboard season starting a month later and ending a month earlier than it does now. Imagine hotter summers affecting our daily activities and our recreational opportunities. Imagine Western Slope ranchers and farmers facing severe droughts without enough water for crops and livestock Scientific research indicates there will be increasing changes to the flows of our streams and rivers. There will be earlier snowmelt in the mountains and an increase in wildfire on our surrounding open lands. There is also evidence of future changes to our daily health and well- being due to increases in insect -borne diseases like West Nile virus, Lyme disease, and the length and intensity of allergy season. Due to these local effects of climate change, communities across the state of Colorado and the U.S. are creating their own climate action plans and making significant commitments to reduce GHG emissions. le County Community I Page 6 December 5, 2017 - Page 41 of 567 December "Reducing greenhouse gases requires honesty, courage, & responsibility... There is a nobility in the duty to care for creation through daily actions." Pope Francis "Scientific evidence for warming of the climate system is unequivocal.."Intergovernmental Panel on Climate Change (IPCC, 2014) "Earth -orbiting satellites and other technological advances have enabled scientists to see the big picture, collecting many different types of information about our planet and its climate on a global scale. This body of data, collected over many years, reveals the signals of a changing climate. The heat -trapping nature of CO2 and other gases was demonstrated in the mid -19th century. There is no question that increased levels of greenhouse gases must cause the earth to warm in response."NASA (2016) SCIENTIFIC CONSENSUS ON CLIMATE CHANGE SCIENTISTS AGREE (97%) 1 SCIENTISTS UNSURE (3%) References: IPCC (2014) and Doran and Zimmerman (2009) CO2 is a heat -trapping GHG. As we burn more coal, natural gas, and oil, the "blanket" of GHGs in the atmosphere gets thicker, and the earth gets hotter. "Climate change has and will continue to impact the state's resources in a variety of ways, including more rapid snowmelt, longer and more severe droughts, and longer growing seasons."(Gordon and Ojima, 2015) Climate Action Plan for the Eagle County Community I Page 7 5, 2017 - Page 42 of 567 2014 Eagle County Energy Costs by Source Total energy costs: $243.5 million Gasoline Diesel and Aviation Fuel $139,516.465 57% Electricity $74,437,425 31% Natural Gas $29,528,161 12% **More than half of energy costs in 2014 were for transportation fuels, primarily from passenger vehicles on Interstate -70. Source: Eagle County Energy Inventory, 2016. As a mountain resort community, much of Eagle County is made up of second homes, hotels, and energy -intensive tourism and recreation facilities. The amount of money that leaves the local economy due to high energy expenses is a compelling reason alone to tackle this issue and create solutions. The Eagle County community releases 1.4 million metric tons of CO2 each year, at a cost of $243.5 million (Eagle County, 2016). Based on 2014 energy costs, if we achieve a 2570 reduction in GHG emissions by 2025, we could retain $60 million annually in the local economy and create new jobs in the sustainability industry. Our per capita rate of CO2 emissions, 25 metric tons per person per year, is 30% higher than the national average. One of the challenges to solving climate change is that GHGs are invisible. It can be helpful to think of one metric ton of CO2 as the equivalent of one full hot air balloon. For the Eagle County community, we can imagine 1.4 million hot air balloons floating up from the county each year. If we achieve a 25% reduction in GHG emissions by 2025, we will retain S60 million annually in the local economy. le County Community I Page 8 December 5, 2017 - Page 43 of 567 December KEY FINDINGS From the 2014 Eagle County Energy Inventory Inventory: Emissions by Sector Aviation 39,582 3% Landfill 131,328 On ground vehicles 378,615 27% Residential Building Energy Use 391,448 28% Commercial - Industrial Energy Use 446,10e 32% If we don't take action, GHG emissions will increase Buildings and commercial energy uses in our community had larger emissions (600/0) than on -ground vehicles (27%) or landfill (10%) The single largest source of emissions, at 39%, was from generation of electricity used to power residential and commercial buildings and facilities About 22% of electricity was generated from renewable sources, and of that, 1% from solar. The bulk of our electricity during 2014 was produced from coal-fired power plants (62%) and natural gas generation (16%) In the vehicles category, 79% of emissions were from SUVs and passenger cars; 21% were from trucks and tractor trailers. Only 9% of total transportation emissions was from aviation **See Appendix C for "2014 Eagle County Energy Inventory" Eagle County Community Business as Usual GHG Forecast Results GHGs (mt CO2e) 3,0t3,000 1,639,545 mt CO2e 2014 Total = 2014 2050 Total = 424!82 Commerdal Buildings Residential Buildings 2030 Year %Len 799,381 2050 In order to demonstrate scenarios of future GHG emissions for the Eagle County community, the Western State Colorado University Center for Environment and Sustainability was consulted. Expert data analyst Dr. Abel Chavez used the 2014 energy inventory to forecast the community's `business as usual' GHG emissions to the year 2050. The forecast accounts for several key drivers, including demographic, economic, and technical variables. SO WESTERN srhTE A COLORADO UNIVERSITY Learning, Elevated, Climate Action Plan for the Eagle County Community I Page 9 5, 2017 - Page 44 of 567 If we take action, we can reduce our GHG emissions Increasing the efficiency of our homes, commercial buildings and facilities is our biggest opportunity. GHG Emissions (mt CO2e) Eagle County GHG Emissions with Hypothetical Mitigation Actions 1.500,000 1,400,000 L,200,000 L.006000 Vshkln 1394,582 mt Co2e L(32% to 2025 Goal) 800,000 Commerchal 500.000 Energy 400,000 200,000 Residential Energy t l 2014 483,413 485,651 273,650 2025 Goal: 1,054,392 mt COze — -2025 Gosl 2050 Goal 2050 Goal: 281,171 int LOA 2030 Year 1,219,793 mt CO2e (334°h to 2050 Goal) 602,367 380,096 125,420 24 , 70 630,084 333,112 85,403 2050 This graph demonstrates that positive measures can be taken by the Eagle County community to reduce GHG emissions. Included in this graph are energy efficiency in residential and commercial buildings, more renewable energy from utilities, climate -friendly transportation, and reductions to waste in the landfill. Even with future population growth, the Eagle County community can be successful at climate action. The actions forecasted in this graph are a good start to climate action, but more actions will need to be included in order to meet the 25% by 2025 and minimum of 80% by 2050 GHG reduction targets. • 1 g • c 1 How YOU Can Cut One Ton of Carbon Pollution: Switch out 25 incandescent lights with LED Reduce single car use by 2,400 miles / year Replace 5 old fridges with Energy Star models Install 1 KW of Solar Electric (3 panels) Shut off lights, work stations, and equipment when not needed Get help from Energy Smart Colorado, and make improvements to your home or business e County Community 1 Page 10 December 5, 2017 - Page 45 of 567 December The Eagle County Community is Ready to Take Action The stakeholders involved in creating this plan believe that the Eagle County community is now ready and committed to undertake climate action. Involvement in the following existing programs is a good demonstration of peoples' engagement and interest: Over 50 local businesses are certified "Actively Green" in sustainable business best practices, and awareness of the program is increasing as businesses realize the financial, environmental, and marketing benefits of engaging employees and customers in sustainability. More and more local businesses are also participating in the Colorado Environmental Leadership Awards program. Through the Energy Smart Colorado program, more than 1,000 homes in the county have received energy assessments, and more than 600 homes and 200 businesses have completed energy efficiency and renewable energy improvements, resulting in over 6,000 metric tons of carbon emission reductions annually. Many more homes are adding rooftop solar; the number of LEED (Leadership in Energy and Environmental Design) certified buildings in the community is increasing; and, new community "solar gardens" are becoming a popular way for homes and commercial buildings to attain renewable energy. Holy Cross Energy board members and community volunteers installed a new solar array in Gypsum. Climate Action Plan for the Eagle County Community I Page 11 active/green EnergySmart COLORADO 5, 2017 - Page 46 of 567 Many community events now incorporate "zero waste" collection of recyclables and compostables while educating participants and diverting the majority of potential waste from the landfill. New electric vehicle charging stations are being added throughout the community, and more people are taking advantage of state and federal incentives for new purchases and leases on electric vehicles. Across the Eagle County community, there is a growing desire and demand for sustainable infrastructure and systems that will engage and enable people to participate in reducing GHG emissions. Another major reason why action should be taken now is that population growth in Eagle County is increasing. The state census found that there were 52,831 residents in the county in 2014. In less than 25 years, the county residential population is expected to increase to 94,000 people, or more than 40% by 2040 (DOLA, 2016). The growing population will result in more cars on the road, more homes being built, and more support services such as schools, stores, water infrastructure, and other utilities—all of which consume more energy and generate more GHG emissions. Increasing GHG emissions into the future will contribute to escalated climate change and create negative impacts on the natural environment around us. The projected temperature increases, changes to snowpack and local water resources, health effects on residents and visitors, impacts to the recreation -based economy, increasing population growth, and demands on energy supply are compelling reasons to take climate action seriously. There is an urgent call -to -action for the Eagle County community and local decision makers to collaboratively undertake decisive, meaningful policy and programmatic changes in the areas of energy use in homes and commercial buildings, transportation, waste, energy supply, water conservation, and climate change education. Goals for the Climate Action Planning Effort Set meaningful, feasible GHG emission reduction targets Identify projects and policies to achieve targets Educate and engage the community about climate change Build on the knowledge and commitment of the stakeholders Collaborate across towns, agencies, and organizations Support and reflect state goals and regional efforts Serve as a model for other communities i December 5, 2017 - Page 47 of 5 agle County Community I Page 12 December TARGETS FOR GHG EMISSIONS REDUCTION 25% by 2025 50% by 2035 70% by 2045 80% by 2050 *from 2014 Baseline (See 2014 Eagle County Energy Inventory - Appendix C) There are three main types of targets found in climate action plans: (1) directional (i.e., up or down from a baseline), (2) analytical (i.e., based on extensive modeling and projections), and (3) aspirational, (i.e., set to achieve something great). The stakeholders set an aspirational target for the year 2050, with interim targets, as well. These aspirational targets are realistic with concerted community action, and yet, they are high enough to have considerable impact and significance. The reduction targets refer to the 2014 Eagle County Energy Inventory data as a baseline. The climate action plan calls for the community to measure and monitor reductions on a regular basis, such as every three years. By 2050, the Eagle County community will reduce GHG emissions by a minimum of 80%. This target is in alignment with the Intergovernmental Panel on Climate Change's recommendation for reductions of GHG emissions by industrialized nations (I PCC 2014). The stakeholders agree that, while challenging, this aspirational target is a goal that must be achieved in order to foster a significant set of actions to reduce GHG emissions. In addition, collaborative impact would be greater by assuming a target that is in alignment with what the I PCC set, as many other local, regional, and state goals align with the target of 80% reduction by 2050. The science behind this aspirational target has been well -vetted by thousands of climate scientists, and it doesn't need to be defended or re -calculated. Lastly, this robust target will outlast changes in local political leadership that will naturally occur between now and 2050. By 2025, the Eagle County community will reduce GHG emissions by 25%. The stakeholders set an interim target that will require considerable efforts and hard decisions, but it also allows adequate time to achieve results. This target is consistent with goals set by other communities. By setting a considerable reduction—one quarter of the emissions the community emits now—some actions beyond the "low -hanging fruit" will be required. The aim is to get moving quickly on making annual GHG reductions throughout the community. The stakeholders also feel that the slogan "25% by 2025" would be compelling and effective for early communication efforts throughout the community. Using these targets, other interim reductions were calculated using a linear approach. The stakeholders agreed that a linear projection of emissions reduction would be the most understandable by the public, even though in reality, there might be large reductions followed by periods of fewer reductions as actions are put into place in different sectors at various times. Climate Action Plan for the Eagle County Community I Page 13 5, 2017 - Page 48 of 567 RECOMMENDED GHG REDUCTION GOALS & STRATEGIES BY SECTOR One of the most common ways that communities assess where gains can be made in reducing GHG emissions is by breaking down the source of emissions into understandable categories. These categories, or sectors, make decisions and actions for reducing GHG emissions easier during plan implementation. This plan contains six "sectors" that correspond to the particular climate action opportunities throughout the Eagle County community: 1) education and outreach to help inform sustainable climate -friendly behaviors, 2) residential buildings, 3) commercial buildings and industrial uses, 4) transportation and mobility, 5) waste and landfill, and 6) energy supply. Listed in the following section are the top goals and strategy recommendations for each climate action sector. A full list of ideas generated by stakeholders is provided as Appendix A. December 5, 2017 - Page for the Eagle County Community I Page 14 December 5, 2017 - Page 50 of 567 EDUCATION AND OUTREACH Greater community awareness and understanding of climate change is needed so that people can participate in climate -friendly sustainable behaviors in their daily lives at home, at work, and throughout the community. Effective community engagement in climate action strategies requires partnerships between multiple sectors, targeted education and outreach methods, and continual evaluation of program successes. Education and Outreach: Top Recommended Strategies • Use social -science research on climate change communications and education to inform strategies. • Create a climate action 'tool kit' to share throughout the community. • Develop a cross -sector Eagle County climate education team and education plan to reach all ages and demographics in Eagle County. Include Eagle County Schools, private K-12 schools, Colorado Mountain College, Walking Mountains Science Center, and other partners. • Create a county -wide marketing campaign to raise awareness to engage the community in projects and programs. Include regular announcements through e -newsletters and social media. • Ensure community equity so that climate action is all-inclusive and provides equitable social, economic, and health benefits. • Utilize special event platforms to share messages, provide resources, and engage participants in behaviors such as zero waste events and bike -to -work days. • Incorporate soil -health education to improve carbon sequestration and engage the community in stewardship. • Expand and enhance existing educational programs: - Actively Green sustainable business training and certification program, - Energy Smart Colorado energy efficiency coaching for homeowners, businesses, contractors, and realtors - Colorado Mountain College Certificate in Sustainability Leadership and Bachelor of Arts in Sustainability Studies - Eco -Schools program for K-12 schools, supporting student learning and measurable GHG reduction through energy education and behavior change at schools - Colorado State University Extension Service programs and resources. • Ael Sue l RI n.apk.:t�:• :i• rtili,niflo Ixi beer 4 -Era JrJ x COLORADO MOUNTAIN COLI.I:GF.. EDWARDS nnik,ng m ... Climate Action Plan for the Eagle County Community I Page 15 3. ESC Home Energy Assessments • 2025 = 26,870 mt CO2e • 2050 = 64,203 mt CO2e REDUCING EMISSIONS: RESIDENTIAL Residential homes create 247. of the total GHG emissions generated in Eagle County. There is a significant opportunity to reduce residential energy use with increased energy efficiency and conservation efforts. The Colorado State Demographer reports that of Eagle County's 31,675 housing units (this figure does not include commercial lodging properties), 38% were considered "vacant" or unoccupied in 2014. Energy efficiency retrofits from local programs, such as Energy Smart Colorado, can reduce a home's energy use by 20-30% and save residents hundreds of dollars on their annual energy bills. Residential Buildings Sector: Top Recommended Goals and Strategies Reduce GHG emissions 25% below 2014 levels in the residential buildings sector by 2025. For existing residential buildings, expand the local Energy Smart Colorado energy efficiency program and incentives in order to reduce GHG emissions in 25% of all residential buildings in Eagle County by 2025, 50% of all residential buildings by 2035, and 100% by 2050. Provide support and incentives for rental units to be updated with energy efficiency improvements. For new residential buildings, adopt "above building code" standards and provide incentives, including "net zero" codes, that are consistent across jurisdictional boundaries throughout Eagle County. Update Eagle County Eco -Build mitigation fees to include all energy -use for large homes over the average Eagle County home size of 3,700 sq. ft., not just offsetting heated exterior surfaces and pools. Promote and incentivize efficient use of water in interior and exterior of residential buildings. Continue partnerships with local energy utilities in order to leverage more economic incentives. 2014 700,000 500.000 w 500,000 0 u 400,000 ... 300,000 200,000 100,000 .11 Residential Buildings Sector Mitigation Wedges 2025 1. Elee Grid — 50% renewables • 2030 = 64,869 mt CO2e 2. Elec Grid - 100% renewables • 2050 = 281,725 mt CO2e Year 2040 SC Deep Energy °fits 2025 = 112,424 mt CO2e 2050 = 176,657 mt CO2e This graph was developed by Dr. Abel Chavez using "EMiTT" (Effective Mitigation Transition Tool) to help visualize, model, track, and quantify climate action mitigation targets. This graph is a hypothetical scenario that includes the following GHG abatement pathways: 1) electricity from the grid would include 50 renewable energy by 2050 and 100% renewable energy by 2050, and 2) Energy Smart Colorado would reach the recommended goal of 100% of homes in Eagle County receiving home energy assessments, and half of those homes would complete deep energy retrofits. This graph illustrates that the Eagle County community can take climate action and make significant GHG emission reductions. Fixing aging, leaky buildings is a great start toward effective climate action, but more actions will be needed to reach recommended targets. (BAU = Business As Usual) Action Plan for the Eagle County Community I Page 16 December 5, 20 December REDUCING EMISSIONS: COMMERCIAL Commercial buildings and facilities account for the top sources of GHG emissions in Eagle County. A large amount of energy waste occurs due to inefficient buildings, high energy demands, deferred maintenance, inattention to building performance, and inefficient behavior on the part of occupants. Given current advances in energy efficiency technology and financing programs, there can be up to 40-60% reduction in building -generated GHGs (American Council for an Energy Efficient Economy, 2014). The commercial buildings that exist today will be inhabited into the foreseeable future; therefore, maximizing building efficiency will help ensure reduced energy demands well into the future. Commercial Buildings Sector: Top Recommended Goals and Strategies Reduce GHG emissions 25% below 2014 levels in the commercial buildings and facilities sector by 2025. For existing commercial buildings, expand the Energy Smart Colorado energy efficiency program and incentives in order to reduce GHG emissions in 25% of all commercial buildings in Eagle County by 2025, 50% of all commercial buildings by 2035, and 100% by 2050. Provide support and incentives for buildings over 10,000 square feet to measure and track their energy use through CLEER's Energy Navigator, the Energy Star Portfolio Manager, or other energy monitoring tools. For new and newly remodeled commercial buildings, adopt "above building code" standards and incentives, including "net zero" codes that are consistent across jurisdictional boundaries throughout Eagle County. Promote and incentivize efficient use of water. Continue partnerships with local energy utilities in order to leverage for more economic incentives. Climate Action Plan for the Eagle County Community I Page 1 5, 2017 - Page 52 of 567 TRANSPORTATION AND MOBILITY The majority of GHG emissions from transportation are generated from passenger vehicles. The Eagle County community faces a significant challenge due to Interstate -70 and the many vehicles that pass through the county. Nevertheless, significant improvements in local transportation, mobility systems, and infrastructure can reduce locally generated GHG emissions dramatically, while engaging residents and visitors in healthy climate -friendly lifestyles. Transportation and Mobility Sector: Top Recommended Goals and Strategies • Reduce GHG emissions 10% below 2014 levels in the transportation and mobility sector by 2025. Consider FREE bus service and expanded services throughout the county. • Continue to pursue rail transit opportunities to utilize the existing railroad tracks from Dotsero to Leadville. • Expand the network of electric vehicle charging stations and promote state and federal incentives for purchasing electric vehicles. • Incentivize and encourage multi -modal transportation, including park-and-ride locations and safe county -wide bike commuting paths and lanes. • Strive for compact mixed-use communities and land -use patterns with affordable workforce housing in close proximity to job centers to enable walking, biking, and transit. 1,000.000 900,000 800,000 700,000 04, 600,000 o 500,000 4g 400,000 300,000 200,000 100,000 Surface Travel Sector Mitigation Wedges 2014 2025 - 1. Smart Growth Planning 2025 = 14,484 mt CO20- 2050 O202050 = 90,181 mt CO :' 2. Paki Parking • 2025 = 8,878 mt CO2e • 2050 = 52,095 mt CO2e YEAR 2090 CID El 3. Zero tailpipe emissions vehicles • 2025 = 34,190 mt CO2e • 2050 = 179,478 mt CO2e 2050 This graph is a hypothetical scenario that includes the following GHG abatement pathways: 1)1% of the Eagle County population annually adopts driving a zero emission at tailpipe vehicle/electric vehicle, 2) increase in paid -parking, reducing the number of people who drive a car to work, 3) all new population growth to the year 2050 lives and works in transit -oriented neighborhoods and workplaces. (BAU = Business As Usual) December 5, 2017 - Page 53 of 567 le County Community I Page 18 December WASTE AND LANDFIL The waste and landfill sector refers to methane GHG emissions that result from anaerobic decomposition of organic waste in the landfill. During the first 20 years after its release into the atmosphere, methane gas is 84 times more potent as a GHG than CO2. The 2015 Eagle Valley waste diversion rate was 19.6%, and the recycling rate was 26.9%. There is an effort at the national and state levels to transition away from disposal and towards materials management. The greatest positive impacts in this sector can be realized through reducing materials altogether through more sustainable purchasing practices. Waste and Landfill Sector: Top Recommended Goals and Strategies Meet and exceed the current Eagle County landfill waste diversion goal of 30% diversion rate by 2030, and set an inspiring and achievable waste diversion target that is above the national average. Divert 30% of organics currently landfilled by 2030 through increased composting infrastructure and services. Support sustainable purchasing policies and practices, and incorporate supply chain management systems. Add new programs and infrastructure to increase recycling and composting in public areas that are currently deficient, and address hard -to -recycle items like, construction waste and mattresses. Support and incentivize recycling and composting services for multi -family buildings which often face challenges, such as high resident turnover and contamination of recycling containers. Integrate local waste diversion plan and solutions with the 2016 Colorado Integrated Solid Waste & Materials Management Plan, designed to provide guidance, cost analysis, strategies, and recommendations to communities and local governments. z50,000 N 200.000 0 V E � lsaooa 100,00© somoo • Landfill Sector Mitigation Wedges 2014 2030 Year 1. Divert Compostable Materials • 2025 = 21,078 mt CO2e • 2050 = 114.033 mt CO2e 2050 This graph is a hypothetical scenario that includes diverting half of the compostable materials that currently end up in the landfill. Compostable organics, including paper, account for 607. of the overall tonnage brought to the landfill on an annual basis. (BAU = Business As Usual) Climate Action Plan for the Eagle County Community I Page 19 5, 2017 - Page 54 of 567 ENERGY SUPPLY In 2004, Colorado became the first state in the U.S. to create a renewable energy portfolio standard in order to reduce GHG emissions. As the primary provider of energy for buildings and commercial uses throughout the Eagle County community, member -owned utility Holy Cross Energy provides electricity and strives to be a conscientious steward of natural resources. Holy Cross Energy was a pioneer in Colorado, offering consumers the option of purchasing renewable energy to offset GHG emissions. Partnering with utilities, such as Holy Cross Energy, Xcel Energy, and Black Hills Energy, is key toward making large-scale energy supply transitions. Energy Supply Sector: Top Recommended Goals and Strategies ■ Create more financial resources and incentives, and increase the capacity of exterior energy offset programs within the Eagle County community (examples: Eagle County Eco - Build Program, Avon Exterior Energy Offset Program, and Aspen Renewable Energy Mitigation Program), and strive for consistency across jurisdictional boundaries. ■ Research feasibility of local and regional locations for community solar arrays. ■ Encourage utilities to set aggressive goals to reduce their GHG emissions and transition over time away from coal-fired power production. N 0 v E .11 800,000 700,000 600,000 500.000 400,000 300,000 200,000 100,000 Commercial Buildings Sector Mitigation Wedges 2014 1. Elec Grid - 50% renewables • 2030 = 76,872 mt CO2e 2030 Year 2. Elec Grid - 100% renewables • 2050 = 310,566 mt CO2e 2050 This graph is a hypothetical scenario that includes reducing the GHG intensity from the electrical power mix by 501. in 2030 and 10070 in 2050. (BAU = Business As Usual) December 5, 1 ction Plan for the Eagle County Community I Page 20 December EY RECOMMENDATIONS FOR COMMUNITY r kDERS & DECISION MAKERS The following recommendations support the success of the overall climate action plan and apply to all sectors in this plan: Adopt this climate action plan. Identify people to guide the implementation and follow-through of recommendations in the current plan—designate a task force and hire sustainability/climate staff as needed within local governments and large businesses. eAllocate funds for implementation of projects and infrastructure. O Collaborate across jurisdictional boundaries for greater impact and likelihood of success. O Measure and monitor GHG reduction impacts over time. O Begin to address climate change adaptation. Climate Action Plan for the Eagle County Community I Pag 5, 2017 - Page 56 of 567 WHAT DOES SUCCESS LOOKS LIKE? Successful community -driven GHG reduction efforts have several key elements that are centered on realistic and achievable targets, community endorsement and support, and strong alignment with community and organizational values. At the onset of the planning process, the stakeholders identified the following elements that are critical to long-term success of the Climate Action Plan for the Eagle County Community. Set Realistic and Achievable Targets • GHG reduction targets must be achievable and measurable • A diverse number of GHG emissions reduction strategies and projects are needed • Actions must be taken by local governments • Progress should be monitored regularly • Celebrate successes along the way to reaching larger goals Community Endorsement, Ownership, and Support of this Plan is Critical • There must be broader community awareness of the need for climate action • Individuals should understand their impacts and responsibilities • Private sector participation and public-private partnerships are keys to success • There must be simple, accessible opportunities for individuals to take action • The community has the tools and resources to reach short and long-term targets Align the Plan with Community and Organizational Values • Local governments adopt the plan and hold values that align with the plan • The plan integrates benefits to the economy, the environment, and social equity • The plan is a catalyst to coordinated climate action across jurisdiction boundaries • Local organizations are aligned with the plan and keys to its success • Local governments strive to coordinate across boundaries • Minimize policy restrictions that limit people's abilities to take action • Community -wide climate change education is imperative Despite the rewards of success, there are challenges to climate action planning and implementation. These include concerns about communication to and adoption by the public, leadership and prioritization of climate change by decision makers, lack of available funding for new projects, lack of long-term coordinated climate action effort, and tangible obstacles such as technology and infrastructure. December 5, 2017 - Page for the Eagle County Community I Page 22 December CaII To Action The success of this plan rests in the hands of the community and its leaders at many levels. The stakeholders have identified projects, programs, and policies that are both feasible and meaningful for the Eagle County community. In order to meet the 2025 target of 25% reduction of GHG emissions, and the aspirational but critical goal of achieving the 2050 target of a minimum of 80% reduction, this plan must be adopted quickly, shared throughout the community, and supported with meaningful resources. 5, 2017 - Page 58 of 567 CONSIDERATIONS FOR IMPLEMENTATION ■ Breadth of community: Develop programs and education for both residents and guests ■ Celebrate successes: Take time to recognize accomplishments along the way ■ Clarity: Use language and communication tools that the public can understand ■ Funding: Decision makers prioritize funding for GHG mitigation actions ■ Diversity: Include a variety of people, strategies, and actions to ensure success ■ Implementation: Decision makers support human resources to enact projects and policies ■ Infrastructure: Be ready to make tough decisions about infrastructure and building codes ■ Measurement: Develop metrics that can be monitored and used by all stakeholders ■ Longevity: Instill a culture of sustainability, and enact policies that outlast changes in leadership ■ Resistance to change: Tackle incremental actions that build confidence ■ Unity: Support towns, county, and other organizations in new climate action partnerships Climate Action Plan for the Eagle County Community I Page 23 APPENDIXES Appendix A: Project Ideas & Recommendations 0 0 Pj 0 This Appendix includes detailed tables for each of the six sectors including a basic explanation of each and why they matter. This section also includes lists of recommendations for reducing GHG emissions through water conservation and soil carbon sequestration. The tables include an overview of what is already being done in Eagle County, as the county, towns, and other entities have already undertaken meaningful work in reducing GHG emissions. Finally, the tables include details on programs, projects, and policies that can be undertaken to reduce GHG emissions. These robust lists were developed by the stakeholders in order to provide all users of this climate action plan a place to begin mitigating GHG, and they are reflective of the "triple bottom line" of people, planet, and profit. The stakeholders' intent is that the county, towns, and other entities use these tables to help guide conversations about planning, policy development, and project implementation. The tables on the following pages also include three columns highlighting ideas that the stakeholders felt would be of special interest to businesses, towns, and the county. InCommercial Buildings and Industrial Energy This sector includes traditional commercial buildings, multi -family housing, ski area operations, and commercial area heated streets and driveways. Why focus on the commercial building sector? At 32% of 2014 emissions, this sector constitutes the largest component of the Eagle County community's GHG emissions. The emissions from this sector can be mitigated through incentives for commercial building owners and landlords, new energy efficient technologies, community solar gardens, education, and sustainable practices in the hospitality sector. What's already being done: Energy rebates from Energy Smart Colorado (Eagle County Eco -Build Fund, Avon Exterior Energy Offset Program) and Holy Cross Energy, Actively Green Sustainable Business Training and Certification Program, county and municipal goals to reduce energy use, private sector sustainability initiatives, Eco -Schools programming, and more. Cont'd Page 25 December 5, 2017 - Page 59 of 567 December OCommercial Buildings & Industrial Energy Programs and projects Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Modify buildings to maximize natural light; add dark sky compliant lighting retrofits High ✓ Increase assessments and rebates for renewable energy use on commercial properties High ✓ Adopt SmartRegs for buildings High ✓ ✓ Include more advanced levels of Actively Green High ✓ Land planning: encourage gardens, green roofs, and native plants in all commercial buildings; create infrastructure for construction and demolition waste, convert golf course "rough" areas into natural habitat High ✓ Make sustainability practices part of consideration in awarding contracts/ new building requirements - onsite or offsets High Allow renters in multi -family buildings to make energy -smart recommendations to building owners ✓ Encourage landlords to use "green leases"; incentives for landlords ✓ V Develop baseline energy usage for commercial buildings / plazas ✓ Minimum rental energy efficiency guidelines v Reduce hotel energy use: install key cards that turns on/off utilities for each room; install timers on gas fireplaces; install occupancy sensors and better automation systems; more education for hospitality sector ✓ Expand Energy Smart to beyond retrofits; focus on multi -family, low income units ✓ ✓ Hold annual meeting of building officials and planning and design review boards to exchange ideas and best practices Policies and regulations Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Require green laundry practices and efficient toilets at hotels ✓ Expand local mitigation programs and fees on snowmelt to address outdoor energy use High ✓ Develop net zero building codes and certification programs ✓ Set wattage limits for lighting for new/remodeled buildings and dark sky code Encourage local stores to sell only LED lights ✓ Incorporate flexible work hours and telecommuting to reduce building energy use ✓ Support free building phase two audits / recommissioning Climate Action Plan for the Eagle County Community I Page 25 5, 2017 - Page 60 of 567 OResidential Buildings This sector includes residential homes, both primary and second homes, and multi -family residences with fewer than five units. Why focus on the residential building sector? Residential building -use constituted 28% of emissions in the Eagle County community in 2014. This large component of the community's emissions can be addressed with homeowner education, energy efficiency audits and incentives, building codes, and other local programs. What's already being done: Energy Smart Colorado and Holy Cross Energy home energy assessments and rebates for retrofits, `green' MLS program, access to community solar and wind projects through Holy Cross Energy, and more. Programs and projects Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Expand Energy Smart Colorado; more education on existing rebate programs; shift to performance based programs High Incentives for landlords and short-term rentals to be more efficient High ✓ LED light bulb giveaways or conversions; require only LED holiday lights; buy- back program for non -LED lights ✓ Multi -zone split systems for efficient electric baseboards Smart sensors in homes, especially large second homes Town -sponsored events and programs that support energy efficiency ✓ ✓ Develop net zero building codes and certification programs ✓ ✓ Work with HOAs to promote low water use and energy efficiency practices ✓ Policies and regulations Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Promote water conservation — native grasses, organic matter, xeriscaping High ✓ Generate new sources of revenue for income qualified energy efficiency upgrades; employers could offer as benefit to employees High ✓ ✓ Eco -Build 3.0 — above 2015 IRC codes for new and existing buildings High ✓ ✓ Consistent building codes across local political boundaries to increase building contractor's time efficiency and avoid "jurisdictional shopping" by contractors High ✓ ✓ 1 - - •lan for the Eagle County Community I Page 26 December 5, 2017 - P December Transportation and Mobility This sector includes transportation and transit -oriented design. It also includes the Eagle County Regional Airport. Why focus on the mobility sector? Almost 300/0 of the Eagle County community's 2014 emissions came from this sector (3% was from the Eagle County Regional Airport). This sector represents an area in which great gains can be made with policy, infrastructure, education, and a "culture change" among residents and visitors. What's already being done: ECO Transit, Town of Vail bus system, Sole Power program, improved bike path development, policies to support use of electric bikes, small scale bike share programs, idling policies, and more. Programs and projects Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Change car culture; company incentives for collective transport and telecommuting/encourage remote working High ✓ ✓ Bicycle education programs (ex: learn to ride safely, bike repair classes, bike donation/earn a bike programs); bicycle sharing program; E -bikes sharing program High ✓ Electric vehicle infrastructure and incentives; electric buses, more electric charging stations High ✓ ✓ ✓ Car sharing programs High V Bike sharing programs and more bike parking areas High ✓ ✓ Complete connectivity for biking/walking between towns and better designated bikeways to improve safety ✓ ✓ Public transport service with existing rail line ✓ Shared work spaces (co -working spaces shared by businesses and others) so people don't have to commute cross county) ✓ Policies and regulations Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Transit -oriented design zoning High ✓ ✓ Local in -proximity to workplace affordable housing to reduce commuting miles; reduce county sprawl infrastructure extensions High ✓ ✓ Commit to low carbon emission, and zero tailpipe emission, vehicles and equipment ✓ v ✓ Ride share/carpool service V Charge for parking ✓ Encourage carpooling in company vehicles ✓ Emissions testing; increase MPG policies ✓ Funding for low cost/free transit; first study who uses and if this would be productive ✓ 5, 2017 - Page 62 of 567 Waste and Landfill This sector includes waste diversion, residential and commercial recycling, and the county landfill. Why focus on the waste reduction sector? Reduce -Reuse -Recycle, all three R's are important. In 2015, the overall waste diversion rate of the Eagle Valley was 19.6%. This included general recycled materials, organic materials including yard waste, and household hazardous waste including electronic waste. Eagle County has set an overall waste diversion goal of 30% by 2030. The Eagle Valley recycling rate was 26.9% in 2015; this is below the national average of 34%. Waste reduction, recycling and composting, and sustainable purchasing are areas in which the community can have a greater impact through policy, better infrastructure, education, and programs. A 2010 study of the waste stream at the Eagle County landfill revealed that 40% of current landfill waste could be processed as compost if a commercial scale facility were available. What's already being done: Eagle County Materials Recovery Facility, waste haulers provide recycling, county and town supported recycling drop- off sites, e -waste collection events, zero waste events, collaboration amongst Eagle Valley Waste Diversion Steering Committee, waste reduction goals set by local governments and other entities, Actively Green Sustainable Business Training and Certification Program, Eco -Schools, and other programs. One town has recently implemented a plastic bag ban and a recycling ordinance. Educational tours to the landfill and recycling facility are very popular. Cont'd Page 29 December 5, 2017 'on Plan for the Eagle County Community I Page 28 December Waste and Landfill Programs and projects Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Update Eagle Valley Waste Diversion plan; consider increasing waste diversion goals High .7 Ensure all schools recycle and compost (when commercial composting becomes available) High ✓ ✓ Reuse construction materials (lumber and construction and demolition waste) High ✓ Group for sustainable purchasing, including local food purchasing High ✓ Infrastructure improvements for waste diversion, possible single stream at MRF, organic waste diversion High Zero waste events supported by towns and event producers ✓ Repurpose waste into energy or materials ✓ Address infrastructure gaps discovered in waste access audit of public spaces ✓ ✓ Visible public recycling areas, drop sites — at bus stops, sidewalks, at events, etc. ✓ ✓ Home and community composting Anaerobic digesters and methane capture operations ✓ Policies and regulations Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Zero waste event goals — encourage events and event facilities to be zero waste High ✓ ✓ Research feasibility of increasing landfill tipping fee to support waste diversion efforts High ✓ Support a Colorado Bottle bill — recycling of glass bottles Reduce use of single use shopping bags county -wide ✓ ✓ Yard waste collection county -wide ✓ ✓ Commercial compost provided V ✓ Packaging policies, get rid of Styrofoam ✓ ✓ ✓ Register pesticide users to protect organic waste V Consistent county -wide recycling practices and procedures ✓ ✓ Waste hauler licensing ✓ Pay as you throw ✓ ✓ Climate Action Plan for the Eagle County Community I Page 29 5, 2017 - Page 64 of 567 OEducation and Outreach Give community members the knowledge and power to understand their impacts and make climate -friendly choices • Use social -science research on climate change communications for education and outreach strategies (e.g., Yale Program on Climate Change Communication, and George Mason Center for Climate Change Communication resources) • Incorporate social diversity and inclusivity throughout education and outreach • Develop a climate action class to feed into current sustainability education programs and trainings • Convene and educate neighborhood climate action groups • Continue to host educational tours to the landfill, and include the materials recovery facility (MRF) and hazardous household waste facility • Host household zero -waste training for residential homeowners • Educate home owners and businesses on shutting down and unplugging when leaving the home or office (reduce "vampire" energy -use) • Educate and incentivize second homeowners to reduce energy use • Promote use of "smart hubs" to understand real-time energy use • Conduct trainings specifically for property managers and landscapers • Educate land owners and users on climate -friendly land use practices Support businesses in climate -friendly practices • Encourage more participation of businesses in the Actively Green Sustainable Business Training and Certification Program Reduce waste through sustainable purchasing practices and less packaging • Provide more employer/employee climate action and sustainability training • Leverage the VVP Actively Green Awards and the Annual Actively Green Awards Party for businesses Engage local organizations and groups in educating businesses • Provide cards for hotel rooms and short-term rentals; educate guests on why their efforts matter (water -wise signage, etc.) • Develop employee field experiences, retreats, and experiential learning for climate science understanding for mountain communities Cont'd Page 31 December 5, 2017 - Page 65 of 567 December OEducation and Outreach Create a culture in the community that promotes climate action and sustainability • Create a climate education team to educate about and support implementation of the Climate Action Plan • Provide an e -newsletter with updates on progress related to the Climate Action Plan • Create a valley -wide marketing campaign to elevate day-to-day awareness of climate action and sustainable living • Use an "education -through -demonstration" approach to showcase climate -friendly building, landscaping, and other best -practices • Share the benefits with visitors, such as carbon sequestration and water conservation Engage school children and their families for long-lasting change • Expand the Eco -Schools program at all K-12 schools to educate and recognize youth for their leadership, and incorporate energy saving programs and infrastructure at all schools • Develop competitions for schools on 'how to reduce carbon footprint' • Develop "farm -to -school" fresh, local food served in school cafeterias, and teach food production and gardening as part of the curriculum Ideas for an education and marketing campaign promoting climate action • Develop a multi -media brand platform • Create a video about actions that can be taken to promote climate action • Utilize local media, TV, radio, and social media • Fund an educational point position with responsibilities to oversee implementation of climate action education and outreach • Use standardized and frequently communicated, measurable goals • Use empowering positive messages and real-world examples • Focus messages on improved quality of life, connect the message to people and the future • Identify influencers and have them speak up—local celebrities and leaders at regular and fun community events • Host "Trash Talk" about waste with winter visitors—education campaign • Train volunteer advocates for each neighborhood to share ideas with their neighbors; work through neighborhood and homeowner associations • Include outreach to all community sectors, associations, clubs, chambers, etc. Climate Action Plan for the Eagle County Community I Page 5, 2017 - Page 66 of 567 Energy Supply 0 0 0 0 0 0 0 0 Reduce reliance on coal-fired power plants, and add more renewable energy sources Provide consumers an option to return equity checks back to Holy Cross Energy to invest in clean power or energy efficiency programs Restructure utility rates to make energy efficiency and conservation more attractive Educate utility co-op owners to advocate for changes Identify areas for local solar arrays Explore use of geothermal energy supply for homes and commercial buildings Explore new technologies, such as storage, to increase renewable energy usage Support Colorado Communities for Climate Action (policy initiatives and lobbyists at the state -level focused on GHG reduction) max. om. , z �v-:. 1: -.p.:_ _ .� � �� y-. •1!f ! .i �� _r w2 'em ;- ~- -a�� � +'fie. --31 _a AWAIMpramm..jIMIliarmiwarririffsigmy 1=1SalrarAWAIM o December 5, 2017 - Page 67 of 567 December ADDITIONAL RECOMMENDATIONS Water Conservation and Energy Water conservation reduces demand for both water and energy. Conserving water can play an important role in reducing GHG emissions. The storage, transport, and delivery of water for commercial, residential, and agricultural needs lead to significant GHG emissions. The stakeholders recommend several strategies to conserve water and save energy: • Educate people that all water consumed has to be pumped and processed, requiring energy • Support water utilities and local governments in initiatives to reduce water consumption in facilities and operations • Include more heat recovery systems that use heat energy from discharged treated effluent, such as Avon's Community Heat Recovery System that heats the pools at the Avon Recreation Center using heat energy from the Avon Waste Water Treatment Facility • Reduce use of water in residential and commercial properties • Develop small hydro plants for electricity generation • Create a study on incentives to switch to xeriscaping for buildings and residences • Work with HOAs to promote low water use and energy efficiency practices Carbon Sequestration and Land Management Organic matter holds carbon in the soil. Land management, landscaping, farming, and ranching practices that support healthy soil development can also be important ways to capture, or sequester, GHGs in the soil and help protect the atmosphere. Below are recommendations related to carbon sequestration: • Engage agencies, such as CSU Extension, USDA, NRCS, Betty Ford Alpine Gardens, and The Ground Up, to provide education on land management techniques that increase carbon storage • Reduce methane emissions by stopping biodegradable materials from entering the landfill, composting can be a vital way to restore and protect the climate • Promote leaving grass clippings on the ground to return nutrients to the soil • Reduce impermeable surfaces, and encourage catchment of water that promotes healthy ecosystems • Encourage green roofs with native plant species that do not require a large amount of water • Reduce use of synthetic fertilizers and pesticides that are made from fossil fuels that contribute to climate change • Encourage holistic approaches during revegetation and restoration after disturbances, such as after building and infrastructure construction or after natural disasters (e.g., fires and flooding) Climate Action Plan for the Eagle County Community I Page 33 5, 2017 - Page 68 of 567 Appendix B: Stakeholder Meetings and Public Engagement Information Guiding Principles for Stakeholder Group • Value each other's and the community's input and knowledge • Keep in mind the triple bottom-line: "people, planet, profit" • Take calculated risks • Address all sectors that contribute to GHG emissions • Develop meaningful goals and metrics to show progress through time • Strive for informed consent on decisions Stakeholder Meeting Dates March 21, 2016 April 18, 2016 May 23, 2016 June 20, 2016 August 22, 2016 November 14, 2016 Stakeholder Meeting Notes and Materials Meeting notes, slideshow presentations, and other supporting materials can be found at www.walkingmountains.org/cap. Public Open House Sessions September 14, 2016, Brush Creek Pavilion, Eagle September 19, 2016, Grand View, Lionshead Welcome Center, Vail September 22, 2016, Miller Ranch Community Center, Edwards December 5, 2017 - Page 69 of 567 e County Community I Page 34 Appendix C: 2014 Eagle County Energy Inventory 2014 data on energy use, costs and GHG emissions KEY FINDINGS • Consistent with national a) O U 6 >' O c o C O U a) c vA 0 co W (6 O c fs C a--, �O C -O C C O aS _C co C c7 2 f6 4.0 co0 0 0_ c C CO - a 7 U O E O U a) co > i O c Q O 1 O E U a) co o (1) C 111 4- bA 0) -0 W 0 CO " N a • OCV • >, O c E c E O O E-2 O a) a _c p i >, ,c E a) >,� co 0 a) O OU O O C a) O _c co • c (1) co dN : (- C c i E ) c } +, 0 E o O 4 S- (-) U N 0) T 0) _c tto `- a) U O a) a) c6 a) o c s_ a) U B a) c< co c6 i W O a) i N ., L7 -0U M (( c 0 Q IT) VO) O N• c --' c a) 0 U O O O O V c o O (n -0E o,-a- a)E •7)=en au N}. oo> E� • _a — 4— Ea) .c u) _ -a 6 O cc O UaOco O U DN c!) )NO O'- (a cL) OO fn c E -. C U O c W bAcl- C O Ya0 O c (6 a1 c -I a) C 0) N O N 5 ao a) o w E o N +T-, O N a0i a) i 0 0 0 06- O o "o C bA 2O • U -a • .2 N • L o _c NC O .� O c N y_ o W _ +, N U 446 OU W m C a) Q) > ■ 'i aa)) Q) a) >O u) 0 2 J C V_ �1 O • C U E 71. • A ER c c as o �p 0 a) U co c co c ( c a) a O C a3 •O -0 UA -a O y OC EN +)6 +Lca 03 a) Emc Ui+, ao ao abc -8 c - _c 0 (0 a)1:3c UA O C Iv a YID 2 (O 730 X C OU n c c o2c 0) -- w o 0 0 0 a) c a 0 0 C C N N- i 0 a 0 U> DC o a +, a) a5 2 > 00 O O O 0 O a C 0'0 N0 s (1) -c _ a) O O O V N Q) . M 12 4R 4 4 �1 G LL] O N O a) >O U C o O cn c N o E W 9 a ' orjg =�LLPi m o w � O a 2. Emissions by Sector, 2014 0 U 3 3 t A N 0 0 0 c M ¢ w 2 December 5, 2017 - Page 70 of 567 0 0 U) C 0 0 C 0 O co c t cr CO c o s • .� •O N U c 22 0 0 .O E E E ua) o 'E O a) U 0 92 >--• O N C C c O O O h0 a) O m ao0 a) Q .N aco o O++ C 7 0 (.0 2 O N N a) + L.> c N a) O c a) o (1) U - OU `- j 0 0 a) a) .4-, 0 +, = La a) ,, •+0'' 2 _ U 'O C a) c (I)_o0 •C N •0 cin 0 to (0 •� 0 4- bA U ao 0)m- Eagle County Energy Inventory/ 2014 data on energy consumption, spending and emissions / April 2016 8. Holy Cross Energy Electricity Sources L2 N CO C T 0 O a) c E 71- E co o co 0) O cn U C p O Q% Cl) O C E U m N: 2 }, i O N O � y U 0 45 N C ^V E O W W c 2 L Member -owned 1 c .O.4)N O c v) 0) To (1) a) E U M C 2 O 03 0 cL)mcr c0.0 co co 2U 2N(0 at It fr c 2 7 74 N R m V C7 3E C, eNp N N . m m ri N � Electricity is the dominant source of emissions from building energy use. Notes for Charts 9 and 10: >, U UO 'c cn t +' Y -0 c,-, 0 0 3 m co U U( -a Q.) ° c C0Ew Q.O 735 , ai+0a om 2 o m o > c� 0 o a' 90 o- N 7 oo 0 O o t10 ui C p C (n C U U N O a_ U p (C6 • *OA 'C 7 c C'' o oro cn c i W L Q bCA E •U N ., NO0 a) -0.N +-,U OU 3 c (6 m -co ) a) a)4- -0 V7 O U C E ToE Wa� O pi •n3Q.(j) 7-' 0 U p 7 U C_ C a 5 Q c0O c) a nn 0}'<= 3 Ou'`.: c.oc a) 7moo a � > mE ai E cc E 0 U E s= a E giv n . E a) •5 WONW UOD E . 0 U a 0 E E 8 Residential § r5 (9 8 (9 8 8 ai a' m E ° >' +_' CO (6 (13 Y0, - Q C C VU) .� (6 -O 7 E o 2 a) j O ..., 0 4 G s C O a) p .N', 2 O M n U fl U 4 3 0 as +ao O c -E LL) o N YU) vim) o o c 0 E pS. U 4- U (n 3 r°i (U6 N cn E o N 0 c on n = co N E cc c 0 c p .0.0 >Im E a w m com va ra M 0) 2 E s a v = 7, E 0 0 N U E a w 12 o C re TN CU rw TS E C W 0 a) s co w .-, o CC z °_ V_) n c C U 0 COaa>, E 3 ( m sac ± O ()a LwE 0o U6 00 a3 c>I O.47 -,Q N 6 U aT L O`n Na -a6O j 6 a) O a) C U t.7N -0 CO E c p p c a) C .� u) C o .� a) U U a) N a .E c C C U co 2 7 U i U (Co U N E U 7 7 a) C 0 O N a) U o `� O E 8 E m a� E a� .D (n U (n 2 E a t o E n3 3 E o 0 0 o a) 0 p co m E o u' E m 0 :6 �'0 E •N o O m c o .� 0 E= c °� C O � ."' c-1 O U U C +-+ 'a i U W 3 +� E •- N p` O C U U O 2 a o E D a m U g E U_a m rl 2 U.0 >,a) 0 c.E cU_a Q� c nF December 5, 2017 - Page 71 of 567 Eagle County Energy Inventory/ 2014 data on energy consumption, spending and emissions / April 2016 Section 4: Transportation Energy Emissions and Use 0 N 0 0 0 U > 2 O E co (0 U (0 U c -I c -I (6 0 C a) E 0 0 0 O O O U 0 O O an 3 0 O a) E co co ca N c 0 N • +�• W C c U O as a) _ UA O cts W U eq (15 -I-I H N s O U 0 (0 (0 W 2 U 1n (�0 0 4 - co co 0 ((00 0 0. 0 all 0 U 4- 0 0 0 4di c G a N x ;1 x" Frei a N i m a 7. I=6 , ball L • O ((00 E 2 1113 u) E O L 4O 0 O (0 U 0 CO a) 0 C (0 (00 > 0 N O U >, c co 0 0 C co E 0 > O c m 0 co 0 C O 40 CO 0 In -1-' w O 0 0 C U (0 U - 5 0 > 0 _ (0 O O T U . +T' C 0 O U 0 L C 0 O_ 2 O � U 0 4_ (6 (0 U C C N O Eo O 0 i U C co O 0� 0 L E 2 IP 0 0 a) +' (n 0 0 o E+� Chart 13. Within the U.S. r" U2 0 00 " M eL 0 - E N C Lai mc7.) 7 to N 0 0 L C E)O c O - i N 0 J (0 0 0_ >8 • 5 U (ll C E U 110 U O .- 0 To 0 a) to c aYO � E 0>, M -I C >, (a E o N CO •- N C T 4 10 O 1110 U f0 .0 O (0 110 i 0 C rn = (0 0 s C 0 O C E -O 0 O_ 7 00 i > a0 O (0 (A 0 0 C 0 o N 6 O Q i N Q .0 i N 2 7 73 O C 2 O (0 (0 O 4) CO C .+ E 0 10 0 0 O 2 - a) >, a) (1) c a0 0 0 0 0 0 11A .o 0 . co > 0 2 +-+U -1--•a) 0 0 E .= = E 10 U co 0 , N U`0 O 0 (A 3 0 (0 U N 0 0 i -_ pU 0 a) (0 0 -O a) 0 E 0 E 0 0 �' 1113 C C an 0 2 N.0 O L 0 O (0 0 EO 1- 0 0 aa) U 0 N - N 110 N T)O N 0 i 0 U .-+ T) co a0 1113 t 0 -0 - _0 0 U 0 .- .- H 1/0 (0 > 2 0 N 0) 0) U a) 0 t a) 0) G) C an W O 0 c To CD 0 0 a) N as cO W oi O ICS C C 0 0 0 to C � O O C 110 U ((1) 0 0. 0 0 0 2 C 0 U 110 (0 W ❑ 0 0 N 000 N O o o ❑ 8-I h 1 r -I N 0 0) 0 N E 0 0) 0 C (0 Section 5: Recommendations 0 C co U C (0 0 a E E O 0 U 0 0 > 110 (0 0 -D 0 0 C C a) 0 CO 0 CO4-1 0 2 U0 7, 0 (0 0 0) 0 IP C C a0 0 O E 0 a O 0 0 '0 C Y _a 3 multi -modal transportation planning. O "- -o -O (o () 0 O 0 O N _co 0; 2 C 0 0 E E (0 0 U.0 to O _U .0 Q C0 1- Areas of Further Study 0 N O>� 110 C 0 O U 0 N C 0 C 0 O E w m COE - 0 C 0 co C O .5 0 . C a' U C W O (6 O 0 0 i U C a) C U •5 0 ) W .> co U O 'MA 0 N U 0 . C 0 -o E w a) C 0 an C O .O E 0 U (0 (0 U O .0 u) co 0 O T 0 1n C 2 co 0. > H 0 0 3 O 0 Q 2 " E 120a= C c10 O W 0 T+ N .� U 2 .5 a+ 0 >, >, ' 0 = 0 0 0 O 0 4- N O C 'Cr) C 2 5 CO 0 00 CL .-, N C CO 0 E 0 E U w 0 = 4 +� R 0 0 (0 0 .5 Q December 5, 2017 - Page 72 of 567 0 O U a) 110 (0 W .0 (0 T 0 0 0) C O 0) 0 0. E 0 U N a0+ 0 0 C 2 (0 O 0. O U E .co ((00 CO C 0 U 0 0 O E 0 0 N C 0 O 9- C co 0 C 0 E O 0. E 110 0 0 c U (0 O C 0 O 0 O 0 C > -a -a 0 t6 J CD 4- .4-+ 0 aA (0 0 • U C 0 0 U C 0 O .0 C 0 C O O_ E O U 0 0 0 0 co (0 0 0 (0 C 0 0 Q 0 U 0 0 N 0 0 C 0 0 0 0 0 0 CO 2 0 (0 0 4- U 110a) C 0) "a 0 -D 0-0 ) -Co IUI 0 U LE a) a) O U E 0 (0 U a) E U 0 E Q > U t 0 2 110 0 O 0 C an (0 0 U .0 N O- 0 0 (0 w - 1113 .0 0 co U'0 'Es co 0 U N 0 0 0 E E O U C .0 0) C O •0. O co 0 .) U_ (0 5 N a0 O 0 0 .0 N a) C (0 O_ C 0 E C > 1100 (0 U J 0 d U C 0 .0 0>� 11D 0 C 0 co (0 U 0 N 0) C 0 N 5 0 0 U 0 0 ., (0 .0 .--, 0) 0 U O Q Eagle County Energy Inventory/ 2014 data on energy consumption, spending and emissions / April 2016 c Q a Energy and Emissions by Population and Household O T u) bio (tea O C m 4- T 0 4-, to C co coc co N (a O E > a) C (a • a) CO 2 � 12 (6 T C T .0 Q 0 oo 0 0 _c T 0 a4-, E bA a) u7) U L a) co iT3 a) CD CL u) o 1 3 7 7 O 7 (a (n � o = a) m C(a O CA DA 7 a� O U 0 O U w 3 i) O C c (a C 15 ._ a) 0 .�a a , E ca 7 U U O_ O O (a U (a _c> O -C U O C d) (A C T CO +_T+ (a C (- j a) m 7 E o m 0E ( U OU a3 a) o -o O O (o O c co U j 3 U � O b73 i0 = N C .-) i) 7 O C N (a CD >4 C C 3 E 4) 0 o_ EO N O -O (�6 CU (0 O C w a) o D 0. a) (a (1) U O- 7 _0 E N O O (Ca 0- U O- 0 as Eagle County. when vacant. CD0) a)C N aC 'O 03 7>-OOW7 (,) o > a) m ai CO c to Z o 'on a .r1.-') C (A > N •a V) 7 4) C - O c-1 _0 7 W (tea U N Q -C >OT, '0 .0 .� >, 8 V L �0 T O O a) O o_ O O C Yap i a) (tea O >i (o a) a) N i C 3 (A s_ a) O o � a C Q E a 2 V- 7 2 6 bo 7 C a) U 7 n3, C O Qa) iU4- ) tfo�.cO0 O T N 0�,U co 17) a) -w p0O—O Y co,t u) N> +(aC C C 09-o O O A C poN O co N C +_> c(n -:s 9) 7 o to am OE o is Q u)°)m a> m a E C o a) a) -C 3 o n 2 -a -0 C CO 7 m-0 a) ( 0 o-0 0 o a) ui -0 f6 — 'a E 0 0 tCl() L •a - 3 • n3 O 45 •a >, U C (}a 'qp U N (6- U (C6 N CCD i a) Q a) O a) O a5 8 L u) 'O bA 2 3 C 3 'C N a) O_ �O p _o T .c _o +-, ri — 7 a—>' E m ' >, m :a >, a) O ('7 (a c -I C O U > C C C O> C 1- _ O a) t 'p •C 0 7 0 0 0 a) , OU C "O 7 a) (A .6 bA aca U b.0 b0.0 C O_ .+-T' E OU U i V 7 O 7 a) HU U � o_0 3 0 u- Us-o_oU-o as C a) O NYuD i 'O (a a ,� >, (6 N r'' S- .E 7 .f*'6 C 7— (a .,_, -O O C C C N 7 0 CO 70 N oc o c- E E} U U O Q (0 O O c m .- }, E E E 7 a) O O -O O 0 2 a) (a 7 8 E. 0 O_ O. b.0 -0 C a)(a (1) C �, C Q) O- C W C co Y Q CO 7 U a) (a a) .1-,O 6 a) O bip U> +�-+ C �_ C (a ' (0 O a) -0 •_ 7 O C N N -O '6 N 7 Y''+H o a) o Om O 3 . CO T v u� E C m ? c 7 �O CCOC U 7° c) O (3 hpE(AE U C H 00 W 7 (AaO (a-I-.)C-c(7CLI bD O 0 A U 0 C NC 2 �_ a as aN O 15 N t N sO a) C*' E by n3 (n m co Q C E 0 .., on u) C N C Q O Q f t 7 >i 4 -0 N h0 ?O EO C 7 O (a 0 o- C 0 C `� c U >, (A wE (n � • C C U (A n3 N ui _c 0 C y o (a a) O QCa O N H +�, 2 a) () O 3 u) U C_C C.) o -UU = C m m cn +, n3 m a aa)) c U w 00) m 00) a E _C This calculation excludes emissions from the commercial sector, avoiding the imbalance seen in Chart 1. However, the per housing unit calculation is also difficult to Electricity per Household per Year, 2014 Energy per Household per Year, 2014 17. Electricity Cost 16. Electricity Use, in mWh 14. Energy Use, in million BTUs 15. Energy Cost .4 R 4 4 S 1 s m o r n. 8 8 8 $ 8 0 3 er 43 3 8 0 C What is a BTU? 1 generates 1 BTU. 18. Occupied and unoccupied housing units, 2014 1 1 1 December 5, 2017 - Page 73 of 567 1 8 8 8y ui Eagle County Energy Inventory/ 2014 data on energy consumption, spending and emissions / April 2016 • Sources and Acknowledgements Data collection and analysis by Erica Sparhawk, CLEER, and Rick Heede, Climate Mitigation Services Energy Inventory Protocol 0 C 0 co co a) s (n (o .-1 0 U0 C .N 0 0 N co 4 C 0 co 0 0 O L , > J 0 -0 -C C 0 U -0 ( co C O 0 'a N It?, O O U 0 w 0 nn 0 -0 N 'Er:-1,3'Ta) C(n 0 2 0 0 0 N .O LO (0i) .(1)0° 2 0 O E 0 0 0. 0 -6 0 0 1 C } -0 C CO C 0 .0 0 c 0 u C Q CO C U) 0 > 7 0 (O T0 C° E + N .0 0 2 E 1— 0 .c o 0) 0 0 N EW C E E O U a) s 0) 0 Q o U OU i U O +J C 2 0 O N O O 1- a 2 0 h0 C 0 Q 0 cc C G.0 C C .N .0 E F- c 0 C .03 > Q co U u) a) C 0 07010 0 C 2 O T O E 0 0 > C 4- 0 N O <• 0 0 4- c a) - 0 - I 0 -cs0 o 2 To N a) U) > 0 00 co L bT_0 T 0 0 > U) 0 L.' i O C E > O U 0 C C as 0 (i 0 C O .0) E E 0 0 C O 0 0 co 0 L ,-J 0 (1) C 0 U 0 a 0 2 '3 C a) 2 2 N t-'30 a O C L (o .0 _c E U 0) 0 -0 C -0 T cc O N C 0 0 a) 2 C a. U C 2 O >� O 0 T O 0 2, 0 0 > C C .O a) C U O 0 Q co 0 - E E 0 a) 0 +� 0 }' h0 h0 0 C .E E LE,C O 0 CD 0 _0 0 E E o C O C U 0 a 0_ 0) .0 20.0 N C 0 U 03 bA -0 W 0 o E co_ O d NE N0 > 1E L O -0 (3.) aS Oo0 O Q � 0 o H co Heather McGregor and Alice Laird, CLEER Chris Menges, City of Aspen Canary Initiative Chris Hildred, Holy Cross Energy Steve DeGrazio, Xcel Energy 0 C W 0) 0 U (o 00 0 C co .0 0 0 co C 0 cc C co 0 000 4-4 O d U (n Amanda Nolan, Eagle County Landfill Chris Anderson and Jeffrey Brownback, Eagle County Airport N 0 0) 4) 2 a) U .0 0 O (0 0 Q 0) C co H O C a) E i (o Q a) 0 O (O O 0 0 T 0) C O E 0 C O co 0 C O co E E C 0 ((0 E 2 C C W vi 0 u0 0 2 C (O 0) 0 0 U 0 7 O 0. ((0 (o V7 U a) > (O L 0 0 > J O J C aS N i .0 U co 0 0 .0 CO CO 0. O 0C CL 0 0 -0 as 0 t O a 0 20 0 (I) co E (O W 0 O a .0 (O 0 O 0 = 0 .0 0 coC E O U co as ((0 H 2 0 ((O 0) 0 E 0 U tki) C O 0 G 0 G O U O .0 0 N N 0 Q U C 2 -, °3 co m U E oQ 0 O a) a) -0 03 T > .0 0 m O Q _ (O co_ C 0 c I 0 0 N N N O 2 C 1— 0 0_ 0 O Q Charts 2 - 7 0- 7 0 U .Q i aS U 0 C U C ai Q aT� 0 U N Y > 0 *' O_ 0 (0 0 L 0 -0 C a- (O 0 E ' 0 0 '_E .) E >0 (o M�l t U O O N 0 7 O C z 0 (7 < 0- 0 0 0. tj 0 crj co .0 .0 0 -co i 0 co , 0 0 C co o a) m 1(0 0 C Q 2Q - m r) 0 0 0) 0 c -I 0) C 0 .( N E W O U 0 0) 0 t C 0 0 0 O U 0 C 0 0 0_ 0) C (a H N co .0 U M 0 H 0 U c�6 rl 0 N 0 2 0 O N M O Lo c -I LL O a W In 2016, Black Hills Energy acquired SourceGas. Charts 14 -18 co (0 .0 U O O O 0 oa E O 0 U ch C E O 0 03 E o O •C C W �U (n C 0 Holy Cross Energy, 2014 CO2 Emissions Report December 5, 2017 - Page 74 of 567 C (6 C o -0 co (0a co_ 0 0 0 (0) 0 0 0 u) N O _ a U (6 O UD4- cvti O tto 0 G 0 0 C U O 0co o 0 E O 0 '+c CTS+ W 0 o O (0 -0 -C 0- g3 0 0 c 0 12 Charts 9 -10 E O O 0 U C co U00 0 N 03 03 O C > C 0 C W 0 O U 0 no as W C co C W 0 U X a>d 0 C W 0) O 0 0 E O 4 0 0 (i) 110 110 c6 l UC 0 in M N 00 O a (a 0 O 0 ai (0 a C O Q C (0 • 0 c cc E>" � Y z 0 O to (j T *) E 0) c a 0 L W ~ cp U o N N \ W Ln 0 O C 0) U O E O ti W m O JO ti 0 d Appendix D: Glossary of Key Terms Adaptation - efforts by society or ecosystem to prepare for and adjust to future climate change (e.g., upgrading infrastructure to be prepared for climate change - induced changes in summer temperatures or annual rainfall) Climate - the average weather over 30 years Climate Change - a statistically significant variation in either the mean climate or in its variability (decade or longer) due to natural or anthropogenic causes Mitigation - an effort to reduce or prevent impacts of greenhouse gas emissions (e.g., building more multi -modal trails to reduce vehicle use) Projection - a model that describes the future of the climate based on trajectories and data Trend - the trajectory of past climate over short- and long-term periods of time Resilience - the capability to anticipate, prepare for, or recover from a complex, multi -hazard threat Weather - the current and short-term way the atmosphere is behaving Appendix E: Literature Cited CO Integrated Solid Waste and Materials Management Plan. 2016. www.colorado.gov/pacific/cd phe/integrated-solid-waste-management-plan Doran and Zimmerman. 2009. Examining the scientific consensus on climate change Transactions of the American Geophysical Union. Eagle County. 2016. Eagle County Energy Inventory for year 2014. Eagle County Government and Clean Energy Economy for the Region. http://www.eaglecounty.us/EnvHealth/Documents/General/Energy_Inventory/ Energy Efficiency - Report: Amercian Council for an Energy Efficient Economy. 2014. www.aceee.org Gordon and Ojima. 2015. Colorado climate change vulnerability study: A report submitted to the Colorado Energy Office. http://wwa.colorado.edu/climate/co2o15vulnerability/ Intergovernmental Panel on Climate Change (IPCC). 2014. Fifth assessment report. https://www.ipcc.ch/report/ar5/wg3/ Lukas et al. 2014. Climate Change in Colorado: A Synthesis to Support Water Resources Management and Adaptation. A report for the CWCB. http://cwcb.state. co.us/environment/climate-change NASA. 2016. http://climate.nasa.gov/evidence/ State of Colorado. 2015. Colorado Climate Plan. http://cwcb.state.co.us/environment/climate-change State of Colorado Department of Local Affairs (DOLA). 2016. State Demography Office - Dashboard. Accessed 7/2016, https://dola.colorado.gov/demog_webapps/dashboard.jsf December 5, 2017 - Page 75 of 567 e County Community I Page 40 CLIMATE ACTION PLAN FOR THE EAGLE COUNTY COMMUNITY December 5, 2017 - Page 76 of 567 Exhibit A Memorandum of Understanding Climate Action Collaborative of the Eagle County Community Statement of Purpose — The stakeholders of the Climate Action Collaborative (CAC) of the Eagle County Community desire a collaborative structure to meet the goals and recommendations of the 2016 Climate Action Plan (CAP) for the Eagle County Community. This Memorandum of Understanding (MOU) supports the creation of a collaborative structure upon which CAC stakeholders can work together and partner to achieve CAP initiatives. The stakeholders recognize that the mountain communities throughout Eagle County are bound together by a common geography, shared infrastructure, and a regional economy that is highly dependent on a cold winter climate and a healthy natural environment. The stakeholders observe that the impacts of climate change include warmer and shorter winters, hotter and drier summers, drought, wildfire, extreme weather, and other impacts which threaten the natural environment, historic water cycle, private and public property, economic and recreational resources, and public health and safety of our region. The stakeholders have articulated a shared vision for the Eagle County community to reduce greenhouse gas (GHG) emissions in alignment with the recommended targets in the 2016 CAP (25% by 2025 and 80% by 2050 from the 2014 Eagle County baseline inventory), and to collaborate on creating a vibrant, low -carbon regional economy by transforming energy systems, buildings, transportation, waste management, and through coordinated education and outreach strategies. The stakeholders acknowledge that our mountain communities and organizations can do much individually, but can do far more together to shape and benefit from the low -carbon economy of the future. Commitments — The signatories of this MOU hereby commit to the following: A) Leadership: The signatories of this MOU (member stakeholders of the CAC) commit to demonstrate leadership in the mountain region of Colorado by providing a model for how decisive, coordinated local climate action contributes to robust regional economic growth and inspires collective action on GHG emissions that helps protect the natural environment, year-round resilient economy, and overall community health and well-being. B) Coordinated Policies and Programs: The signatories of this MOU will strive to coordinate on policy goals and program outcomes that are aligned and complementary to reduce GHG emissions throughout all of the communities in Eagle County. Signatories will collaborate on adopting consistent standards, benchmarks, strategies, projects, and overall goals related to community -wide climate action. C) Education and Outreach: The signatories of this MOU will collaboratively develop, refine and utilize messaging and tools for climate action outreach to engage decision makers and the general public 1 December 5, 2017 - Page 77 of in GHG emission reductions activities. Signatories will share success stories, challenges, and other related information that supports and enhances GHG emission reduction efforts throughout the Eagle County community D) Data: The signatories of the MOU commit to providing data and information to the CAC as necessary to assist in developing metrics and measurements to calculate GHG emissions and in order to share collective impacts and successes. E) Collaborative Participation and Representation: The signatories of this MOU agree to work together to develop smart innovative ways to learn from one another and add value, efficiency and effectiveness to existing and future climate action initiatives which will minimize duplication of efforts, with the goal of reducing, not increasing, resource demands to achieve shared objectives. Each signatory will provide a designated representative to participate in quarterly collaborative meetings and additional working group meetings. Each representative will have one vote on decisions of the collaborative. Representatives will elect a chairperson and a co -chairperson to serve a three-year term to help guide and support governance of the collaborative group. F) Support: The signatories of this MOU will provide annual financial and/or in-kind membership contributions to support: 1) overall collaborative strategy and management including partner services, communications, financial administration, and meetings; 2) technical energy efficiency and renewable energy services which directly benefit signatories' buildings and other infrastructure; and 3) coordinated education and outreach strategies and public awareness campaigns to positively impact and engage constituents throughout the Eagle County community. Financial and/or in-kind membership contributions may be determined based upon each signatory's total annual budget, annual energy use, or other method as deemed appropriate to support the CAC's efforts annually to complete goals and tasks necessary to implement of the Climate Action Plan. Suggested stakeholder contribution level guidelines include the following: Organization Budget OR $0 to $500,000 $501,000 to $2 million $2 million to $20 million $20 to $100+ million Organization GHG Emissions 0 to 50,000 mTCO2e 50,000 to 100,000 100,000 to 150,000 More than 150,000 Recommended Contribution $1,000 to $ 5,000 $5,000 to $15,000 $15,000 to $50,000 $50,000 and above G) Member Services and Fiscal Agent: In order to gain financial efficiencies and leverage combined resources of the signatories to this MOU, the CAC may determine to contract a local non-profit or other entity to provide overall member services support, serve as fiscal administrative agent, and assess and evaluate the performance of the CAC. Benefits and Deliverables — As part of the CAC, signatories will receive and/or have access to: 2 December 5, 2017 - Page 78 of A) Inclusion and recognition in on-going public relations and education and outreach campaigns in both digital and print media. Inclusion in relevant press releases, media events, and other community engagement opportunities to share positive stories about successful accomplishments that support the goals and recommendations in the Climate Action Plan for the Eagle County Community. B) Decision input to CAC governance including providing direction on proposed strategies, programs and policies. Each CAC signatory will have a "seat at the table" to provide guidance, give feedback, set recommendations, and determine the most effective and efficient means to leverage programs and resources for maximum impact. Each CAC signatory will have a vote on all decisions affecting strategy, policies, programs, and annual budgets. C) Technical assistance, training, and best practice information sharing opportunities will be available to each signatory as may be developed and/or expanded through the CAC and partner entities and/or contractors. Technical assistance and training may include residential and commercial building energy saving audits, employee coaching, energy reduction behavior change strategies, and case studies and best practices to reduce GHG pollution and save energy costs. D) Access to financial incentives and grant funding. Regional collaboration and cooperation of the signatories makes a powerful case to prospective funding partners including philanthropic foundations, individual donors, and other entities that provide financial assistance toward proactive coordinated climate action implementation. The CAC will apply for grant funding to complement the CAC's annual financial and in-kind membership support, and signatories will have access to shared financial resources and other benefits which may become available. E) Measurement and metrics data and analysis and CAC Annual Report. In order to ensure accountability and monitor and communicate successes and GHG trends, the CAC will provide ongoing data and measurement information on GHG emissions. Measurement and metrics data and analysis will be based on periodic county -wide GHG inventories, information from energy utilities, in addition to data provided by signatories from time to time on a volunteer basis. An Annual Report on the progress, collective outcomes and impacts, and annual financial and in-kind revenue and expenses of the CAC will be provided in a written report and presentation available to each signatory. Non -Binding Agreement — This MOU shall have no legal effect, impose no legally binding obligation enforceable in any court of law or other tribunal of any sort, and will not change, influence or create new legal relationships among the signatories. Effective Timeframe — This MOU is effective when signed by all signatories. Progress by the CAC will be assessed and the agreement reevaluated every three years. The MOU may be amended at any time by agreement among the stakeholders including adding signatories and adding or revising commitments, any signatory may withdraw upon written notice to the others. 3 December 5, 2017 - Page 79 of Signed in (location) this day of , 2017 By: Printed name: Title: Organization: 4 December 5, 2017 - Page 80 of TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 41, Series of 2017, Resolution to join the Compact of Colorado Communities and setting forth details in regard thereto PRESENTER(S): Kristen Bertuglia, Environmental Sustainability Manager ACTION REQUESTED OF COUNCIL: Staff requests the Vail Town Council review Resolution No. 41, Series of 2017 and associated materials and approve, approve with modifications, or deny, Resolution No. 41, Series of 2017. BACKGROUND: Founded by Mayor Steve Skadron (City of Aspen), the Compact of Colorado Communities has been established to bring cities and counties together to take constructive and practical climate action. STAFF RECOMMENDATION: Staff recommends the Vail Town Council approve Resolution No. 41, Series of 2017. ATTACHMENTS: Description Resolution No. 41, Series of 2017 Memorandum Resolution No. 41, Series of 2017 Compact Guidelines December 5, 2017 - Page 81 of TOWN of vain f Memorandum TO: Vail Town Council FROM: Community Development Department DATE: December 5, 2017 SUBJECT: Resolution No. 41, Series of 2017, a resolution to join the Compact of Colorado Communities I. PURPOSE The purpose of this memorandum is to present Resolution No. 41, Series of 2017, a resolution to join the Compact of Colorado Communities, an organization that focuses on the necessity for building capacity in local governments and community collaboration to rapidly scale up and advance climate action planning. II. BACKGROUND Founded by Mayor Steve Skadron (City of Aspen), the Compact of Colorado Communities has been established to bring cities and counties together to take constructive and practical climate action. The Compact will dynamically advance and expand upon city and county efforts to address climate change, resilience to extreme events and grow a clean energy economy throughout Colorado. On May 19, Town of Vail Mayor Dave Chapin and environmental sustainability manager Kristen Bertuglia, and elected officials from 27 Colorado cities and counties convened in Aspen, Colorado and signed a pledge to build their capacity to tackle climate change by forming the Compact of Colorado Communities through a resolution of their local councils. The Objectives of the Compact are to: 1. Dramatically enhance local government capacity to address climate change and clean energy throughout critical decision-making roles; 2. Create jobs, improve public health and demonstrate bold actions; 3. Drive the development of visible community improvement projects that will be coveted by residents and businesses; 4. Spur economic development through sound clean energy and preparedness programs; 5. Provide an important forum addressing public engagement and awareness; and 6. Facilitate flow of funding from Colorado/Federal agencies, philanthropy and the private sector to member initiatives. As a founding member community, based on its operating budget, Vail is committing to dedicating $2,000 per year to the Compact, subject to annual appropriations. For more information, visit https://www.compactofcoloradocommunities.orq/ III. STAFF RECOMMENDATION Staff recommends the Vail Town Council approve Resolution No. 41, Series of 2017 as written. IV. ATTACHMENTS A. Resolution No. 41, Series of 2017 B. Guidelines for the Compact of Colorado Communities December 5, 2017 - Page 82 of RESOLUTION NO. 41 Series of 2017 A RESOLUTION TO JOIN THE COMPACT OF COLORADO COMMUNITIES AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Colorado communities share in common a strong quality of life deeply rooted in the state's vigorous economy, agricultural and environmental resources, and rich cultural heritage; WHEREAS, Colorado communities, residents and businesses throughout the state are already beginning to feel the impacts of climate change such as reduced snowpack, high heat days, earlier snowmelt runoff, and more frequent and severe floods, droughts and wildfires; WHEREAS, the Town of Vail's Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, includes Goal #2, "Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change"; WHEREAS, the Town of Vail supports the goals of the Climate Action Plan for the Eagle County Community of a reduction of greenhouse gas emissions of 25% by 2025 and 80% by 2050; WHEREAS, Vail seeks to join neighboring communities in developing innovative ways to address climate change, build community resilience and stimulate local economies; WHEREAS, on May 19, 2017, elected officials and senior staff from Vail and other Colorado cities and counties pledged to present a formal charter to become co- founding members of the Compact of Colorado Communities; WHEREAS, the mission of the Compact of Colorado Communities is to build capacity of Colorado cities and counties in developing and implementing aggressive climate change and clean energy initiatives thus ensuring the security and economic prosperity of its member communities; WHEREAS, the Compact of Colorado Communities will advance climate change action and preparedness through: • Providing training and technical support to member communities in developing and delivering community improvement programs advancing GHG reduction, clean energy and climate preparedness; • Facilitating peer learning and resource sharing between local governments • Enhancing local government capacity to address climate related risks and opportunities throughout critical decision-making roles; • Securing technical support and funding resources for members' local implementation efforts; • Spurring creation of jobs, improving public health and demonstrating bold actions; and Resolution No. 41, Series of 2017 Page 1 of 3 December 5, 2017 - Page 83 of NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Town of Vail hereby formally joins the Compact of Colorado Communities and will adhere to the requirements for all Compact members that are summarized below and accounted for in the Compact's published guidelines: 1. Training & Capacity Building • Commit at least one elected official and assign at least one senior staff member to participate in the annual convening of the Compact. • Commit leadership and staff participation in annual climate change training as referenced in the Compact's published guidelines. 2. Contribution & Funding • Make an annual contribution to the Compact of $2,000, subject to annual appropriations, with the contribution due by no later than 30 days after the local government's fiscal year start date o Note: if a community's fiscal year 2017 began between January 1 and September 30, the designated 2017 minimum membership contribution will be prorated. 3. Actions • Establish and publicly announce a new goal or initiative by no later than September 30, 2018 that meets an appropriate aggressiveness threshold to be mutually agreed upon by the parties of the Steering Committee, including the Town of Vail, in consultation with ACCO and Compact staff. 4. Participation • Assign one elected official and one senior staff person to serve as liaisons and official representatives to the Compact. • Elected officials will be invited to participate in activities designed and appropriate for elected officials and government leaders (to be held no more frequently than twice annually). • Staff liaisons will be asked to address administrative issues, process annual contributions, coordinate usage of Compact benefits and participate in Compact -wide meetings (to be held no more frequently than on a quarterly basis). Resolution No. 41, Series of 2017 Page 2 of 3 December 5, 2017 - Page 84 of The Town of Vail hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents/constituents of the Town of Vail. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of December 2017. David Chapin, Mayor, Town of Vail ATTEST: Patty McKenny, Town Clerk Resolution No. 41, Series of 2017 Page 3 of 3 December 5, 2017 - Page 85 of Compact of Colorado Communities Guidelines for Member Participation & Commitments (updated August 15, 2017) Member Training & Participation COMPACT OF COMMUNITIES • Assign one elected official and one senior staff person to serve as liaisons and official representatives to the Compact. • Assign at least one elected official and one senior staff to participate in the annual convening of the Compact, the first of which will take place in late 2017 or early 2018. • The Steering Committee will work with the Association of Climate Change Officers ("ACCO") to establish parameters for each category of individuals participating in training to account for reasonable time requirements, desired core competencies, course format/delivery and appropriate learning progressions. • Commit leadership and staff participation in annual climate change training as referenced in the Compact's published guidelines per the following table: City/County Population Size Elected officials City/county management or chief of staff Staff with significant decision-making responsibilities and authority (e.g. planning, civil works, transportation, emergency management) Under 20,000 1 1 1 20,001-75,000 1 1 2 75,001-125,000 1 1 3 125,001-175,000 1 2 4 175,001-350,000 1 2 5 > 350,001 1 2 6 Member Contributions & Compact Fundraising • Encourage staff, as appropriate, to provide non-financial support to the Compact's fundraising efforts to ensure that the Compact has sufficient and sustainable funding to supports its members. • Make an annual contribution to the Compact based upon the following chart, with the contribution due by no later than 30 days after the local government's fiscal year start date. • Minimum contributions are based upon the table below: Annual Budget Member Contribution Under $10M $800 $10M - $25M $1,200 $25M - $50M $1,600 $50M - $100M $2,000 $100M - $200M $2,400 Annual Budget Member Contribution $200M - $300M $2,800 $300M - $500M $3,200 $500M - $1B $3,600 Over $16 $4,000 December 5, 2017 - Page 86 of Compact of Colorado Communities Guidelines for Member Participation & Commitments (updated August 15, 2017) Guidelines for 2017 Contributions COMPACT OF COMMUNITIES The 2017 fiscal year contributions are determined by the above contribution levels with the following prorated percentages applied. Contributions are due within 30 days of joining the Compact. January 1— March 31 April 1— June 30 July 1 — August 31 September 1 — December 31 25% I 50% I 75% I 100% Member Actions • Establish and publicly announce a new goal or initiative by no later than December 31, 2019 that meets an appropriate aggressiveness threshold to be agreed upon by the Steering Committee in consultation with ACCO, independent experts and Compact staff. • Each Compact member will have the flexibility to choose a commitment type that best fits their community's needs, opportunities, capabilities and other considerations (e.g. GHG reduction, clean energy deployment, climate preparedness). o Compact staff (leveraging third -party resources as appropriate) will provide guidance to members on shaping new goals/initiatives, as well as technical support on implementation of those activities. o Compact staff may also submit proposals to state, Federal and non-governmental organizations to secure funding for project implementation on behalf of member communities. • All final commitments must be publicly announced and should be completed within the time frame announced by the member community. Examples of goals, initiatives and projects include: o Establish a new or updated greenhouse gas reduction goal; and/or o Establish a renewable energy portfolio requirement, build a sufficiently sized renewable energy project or create a program enabling residents to access renewable energy; and/or o Establish a measurable energy-related goal resulting in a greenhouse gas (GHG) emissions reduction; and/or o Start a new local project that meaningfully reduces energy consumption or builds resilience in your community; and/or o Partner with at least one other Compact member to start a new clean energy project or climate preparedness initiative. Member Benefits • Technical support and guidance on local projects that reduce greenhouse gas emissions, increase clean energy deployment and/or build resiliency to climate affects. • Access to pro bono resources and tools made available exclusively through and by the Compact. • Opportunities to identify and establish new partners and funding resources. • Assistance with communicating and messaging with constituents. • Recognition as a signatory, and as appropriate, through speaking roles, publications and media opportunities. December 5, 2017 - Page 87 of Compact of Colorado Communities Guidelines for Member Participation & Commitments (updated August 15, 2017) COMPACT OF COMMUNITIES • Access to special events organized exclusively for Compact members and/or through third -party events/organizers, including in particular, training topics not covered by ACCO's training resources. • All online training furnished by ACCO to support members' training requirements is included with Compact membership contribution. • In addition to the staff participating in the required training referenced above, ACCO will provide on -demand and live online training at no additional cost to up to 25 total staff per year from each member community. December 5, 2017 - Page 88 of Compact of Colorado Communities Guidelines for Member Participation & Commitments (updated august 15, 2017) Member Benefits (continued) COMPACT OF COMMUNITIES • ACCO will waive the testing and application fees for up to 3 staff per year from each member community for the Certified Climate Change Professional° (CC -P®) credential. • Invitations to participate in ACCO's member -only activities, including ACCO's mentoring program. Additional Services • Members in need of technical or staff support beyond the scope of the Compact's deliverables to members may contract the Compact to provide additional technical support provided that the scope of work is consistent with the Compact's mission and programming. Service areas will include: o Assessment of Your Workforce Capabilities & Governance Structure o Workshop design & production o Executive briefings o Customized preliminary solar energy assessments o Clean energy job fairs o Facilitating energy efficiency treasure hunts o Research and general staff support • Service availability will be limited based upon staff availability and desired timing. Member activities that have been included as part of the annual membership contribution will be given priority over prospective activities being considered subsequently. A 25% discount on services will also be applied to members who secure or reserve services as part of their annual contribution. Members interested in securing additional services should contact Compact staff for additional information and to receive an estimate. • All prospective contracted activities must be approved by the Steering Committee until the Compact has engaged an executive director. Once the Compact has employed an executive director, all contract work in excess of $15,000 per year (or more than $5,000 if it is outside the scope of the above -referenced service menu), must be approved by the Steering Committee. Participation • Assign one elected official and one senior staff person to serve as liaisons and official representatives to the Compact. • Elected officials will be invited to participate in activities designed and appropriate for elected officials and government leaders (to be held no more frequently than twice annually). • Staff liaisons will be asked to address administrative issues, process annual contributions, coordinate usage of Compact benefits and participate in Compact -wide meetings (to be held no more frequently than on a quarterly basis). • Member communities will be invited to assign staff to participate in supplemental training, working groups/committees, special events and public engagement activities as they deem appropriate. December 5, 2017 - Page 89 of TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 19, Series of 2017, First Reading, Ordinance repealing Chapter 8 of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015 International Fire Code, concerning open burning. PRESENTER(S): Mike Vaughan, Fire Marshal ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 19, Series of 2017. BACKGROUND: Please see the attached memo regarding this Ordinance STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 19, Series of 2017. ATTACHMENTS: Description Staff Memo Re Ordinance No. 19, Series of 2017 Ordinance No. 19, Series of 2017 December 5, 2017 - Page 90 of TOWN OF VAIL. Memorandum To: Town Council From: Mike Vaughan, Fire Marshal Date: December 5, 2017 Subject: Ordinance No. 19, Series of 2017 I. Background At the August 1, 2017 Town Council meeting, direction was provided to staff regarding amending Town of Vail Code regarding open burning. The Ordinance No. 19, Series of 2017 is based upon direction provided to staff by Town Council. Currently open burning is addressed in Title 5, Chapter 8 and Title 10 Chapter 1 (amendments to the International Fire Code) of the Vail Town Code. Within these two sections, there are currently conflicts regarding regulations related to open burning. The proposed Ordinance will repeal Title 5, Chapter 8 of the Vail Town Code and amend Title 10, Chapter 1 to clarify permissible and prohibited activities related to open fires. 11. Summary of Changes 1) Definitions updated to clarify difference between outdoor burning and the use of outdoor fireplaces 2) Expand prohibition of open burning to include outdoor fireplaces during Stage 2 and Stage 3 fire restrictions and Red Flag Fire Weather Warning days 3) Provides extinguishment authority in situations in which the smoke from an otherwise permissible open burning is creating a nuisance or health hazard 4) Provides specific guidance on use of outdoor fireplaces 5) Establishes a prohibition on the use of portable outdoor fireplaces in short term rental units Note: The proposed regulations do not apply to outdoor fireplaces which burn propane or natural gas 111. Staff Recommendation Adopt or amend on first reading Ordinance No. 19, series of 2017 repealing and Title 5, Chapter 8 of the Vail Town Code and amending Title 10, Chapter 1 of the Vail Town Code. December 5, 2017 - Page 91 of ORDINANCE NO. 19 SERIES 2017 AN ORDINANCE REPEALING CHAPTER 8 OF TITLE 5 AND AMENDING SECTION 10-1-4 OF THE VAIL TOWN CODE BY AMENDING SECTIONS OF THE 2015 INTERNATIONAL FIRE CODE, CONCERNING OPEN BURNING WHEREAS, pursuant to Ordinance No. 14, Series 2015, the Town adopted by reference the 2015 International Fire Code ("IFC"); WHEREAS, in Section 10-1-4 of the Vail Town Code, the Town enacted certain amendments to the IFC; and WHEREAS, the Town Council now desires to further amend the IFC concerning open burning, and to repeal duplicative provisions contained in Chapter 8 of Title 5 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 5 of the Vail Town Code is hereby repealed in its entirety. Section 2. The following provisions of Section 10-1-4 of the Vail Town Code are hereby amended to read as follows: Section 202 — Definitions: The definition of "Portable outdoor fireplace" in Section 202 is hereby deleted and replaced with the following: "Portable outdoor fireplace: A portable outdoor, solid -fuel -burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material and equipped with a screen or other approved spark arrestor. A portable outdoor appliance may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney on top." Section 307.1.1 — Prohibited Open Burning: Section 307.1.1 is deleted and replaced with the following: "The following activities are unlawful in the Town: A. Open burning; 1 11/28/2017 M:IPREVENTIONI2017IFIRE REGULATIONS-O112817.DOCX December 5, 2017 - Page 92 of B. Bonfires; C. The burning of any materials when a National Weather Service Red Flag Warning is activated; D. The burning of any materials when Eagle County has enacted Stage 2 or Stage 3 fire restrictions; and Exceptions: 1. Burning conducted for training purposes by the Vail Fire and Emergency Services; 2. When the burning is a smokeless flare or a safety flare used to indicate some danger to the public; and 3. Open burning conducted pursuant to a permit issued by the Fire Code Official upon written application, if the Fire Code Official determines that such burning will be done without hazard to the public health, safety or welfare." 4. Prescribed burning for purpose of reducing the impact of wildland fire when authorized by the Fire Code Official. Section 307.3 — Extinguishment Authority: Section 307.3 is deleted and replaced with the following: "If any permitted open burning (including use of a portable outdoor fireplace) creates or otherwise adds to a hazardous situation or creates a nuisance or health risk due to smoke or other products of combustion, the fire shall be ordered to be extinguished by the Town fire department or police department." * * * Section 307.4.3 — Portable Outdoor Fireplaces: Section 307.4.3 is hereby deleted and replaced with the following: "Use of a portable outdoor fireplace shall be permitted subject to the following restrictions: 1. Portable outdoor fireplaces shall be equipped with properly fitting spark screens or arrestors; 2. Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions; 2 11/28/2017 M:IPREVENTIONI2017IFIRE REGULATIONS-O112817.DOCX December 5, 2017 - Page 93 of 3. Portable outdoor fireplaces shall contain a minimum clearance of fifteen (15) feet from a structure or combustible materials; 4. The smoke from a portable outdoor fireplace shall be maintained in such a manner to avoid causing a nuisance or hazardous condition; 5. The fire shall be constantly attended by an adult until the fire is extinguished; and 6. The user shall, at all times, have a minimum of one (1) portable fire extinguisher containing a minimum 4-A rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrels, garden hose, or water truck available for immediate utilization. 7. Use of a portable outdoor fireplace on a short-term rental property is prohibited." Section 307.5 — Attendance: Section 307.5 is hereby deleted and replaced with the following: "Permitted open burning, including the use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization." Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be 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. 3 11/28/2017 M:IPREVENTIONI2017IFIRE REGULATIONS-O112817.DOCX December 5, 2017 - Page 94 of Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 19th day of December, 2017, 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 19th day of December, 2017. ATTEST: Patty McKenny, Town Clerk 4 Dave Chapin, Mayor 11/28/2017 M:IPREVENTION12017IFIRE REGULATIONS-O112817.DOCX December 5, 2017 - Page 95 of TOWN Of9 VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Ordinance No. 20, Series 2017, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund PRESENTER(S): Carlie Smith, Budget Analyst ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 20, Series 2017 BACKGROUND: Please see attached memo. STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 20, Series 2017 ATTACHMENTS: Description Supp 3 2018 December 5, 2017 - Page 96 of TOWN OF VAIL: Memorandum TO: Vail Town Council FROM: Finance Department DATE: December 5, 2017 SUBJECT: 2017 Budget Supplemental Appropriation I. SUMMARY In Tuesday evening's session, you will be asked to approve the first reading of Ordinance No. 20, Series 2017, the third supplemental appropriation of the 2017 budget. II. DISCUSSION Across all funds, this supplemental request will adjust the budget to reflect $7,555,995 of additional revenue and proposes an increase of $8,102,452 to expenditures. The fund statements are also attached. As mentioned during the 2018 Budget process and in response to comments regarding the implementation and funding of the Housing Strategic Plan, staff is proposing the creation of an internal Housing Fund. Per the Governmental Accounting Standards Board (GASB) and confirmed by our auditors, this housing fund does not qualify to be treated as a separate fund because there is not a unique funding source (for example, a dedicated tax revenue). However, we can separately present on a budget basis a "Housing Fund" which would consolidate into the Capital Projects Fund for financial reporting purposes. The Housing Fund is a Town of Vail fund, not a component of the Vail Local Housing Authority. Town Council will need to appropriate the budget for the Housing Fund in the normal budget process. Please see the Housing Fund section below for more details. General Fund Budgeted revenue will be adjusted by an increase of $376,839 which is directly offset by $285,509 of corresponding expenditures: • $287,273 reimbursement for deployment to sixteen separate wildfires that will cover the town's personnel and travel costs for those incidents totaling $215,944; the additional $71,329 was payment for the use of town vehicles and equipment during wildfire deployment. • $10,200 reimbursement from Vail Village Inn for three light poles and bases provided by the town during the Vail Village Inn remodel. • $1,540 of state grant funding to be used towards nine hours of personnel costs per week to perform administrative duties for Northwest Incident Management Team. December 5, 2017 - Page 97 of • $925 reimbursement from the Vail Valley Medical Center for children's books purchased for the "Books for Babies" initiative. • $21,900 of donations raised by Friends of the Library will be used for professional photography services, sustainable canvas book bags, printing and marketing supplies for Friends of the Library programs, the annual Champagne Celebration, courier expenses for above average interlibrary loan activity, digital archives initiates and audio interview transcripts. • $55,000 of additional rental revenue for increased event and program bookings at Donovan Pavilion to be offset by $15,000 in fees and commissions to Donovan Pavilion Management. Staff is requesting an overall increase in budgeted expenditures of $340,979, which includes $285,509 relating to expenditures corresponding to the reimbursements mentioned above. The remaining $75,470 of expenditures includes: • $25,000 for six weeks of extended summer bus service as approved by Council on August 15th. Cost of the extended bus service will be allocated $15,500 to seasonal salaries and $9,500 for bus operations (fuel and fleet maintenance charges). • $12,470 for one seasonal Heavy Equipment Operator to begin in November 2017 as approved during the 2018 budget process. This position will convert to fulltime in May 2018 and will be utilized to address increased maintenance needs from the new 1-70 underpass such as snow plowing/hauling and storm water maintenance. • $10,000 for short term rental marketing and education as a result of the new regulations. • $28,000 to re -stock the town's supply of parking pass card inventory. These proposed adjustments to the 2017 General Fund budget will result in a net surplus of $362,023 with a resulting fund balance of $27.7 million by the end of 2017, or 72% of annual revenues. Capital Projects Fund Budgeted revenue will be increased by $1,523,019. The majority of the increase ($1.5 million) is related to a shared cost reimbursement from Eagle County School Districts for the Red Sandstone parking garage project. Other increases included: • $6,048 state reimbursement for the use of the town's E -trailer during the Gutzler fire near Kremmling, Colorado. • $16,971 shared project reimbursement from the Lion Vail to be offset by expenses for the maintenance of culverts and to conceal the ditch in front of the Lion. The creation of a Housing Fund will be reflected in the Capital Projects Fund as a transfer. The total transfer of $4,737,030 is made up of $3,612,482 in the currently appropriated budget that resided in the Capital Projects Fund plus requested additional funding of $1,124,548 which gets offset in 2018 with the elimination of the $500,000 appropriated that year for the INDEED program. The net new funding request for housing programs is $624,548. • $500,000 of this is to replenish the 2017 INDEED program funding, with leftovers to carry to 2018 • $124,548 additional needed to fund the remainder of the Solar Vail deed restriction purchase (total price of $4,225,000 for 65 deed restrictions) In addition to the creation of a Housing Fund, staff is requesting an increase in capital expenditures of $167,788 which includes $16,971 related to expenditures corresponding to the reimbursements mentioned above. The remaining $150,817 of expenditures includes: - 2 December 5, 2017 - Page 98 of • $75,817 to purchase the Vail App source code and internally manage monthly operations. • $50,000 additional budget approved by Council for the Red Sandstone Parking Structure foundation improvements for future capacity. • $20,000 for additional 1-70 underpass art paneling. • $5,000 for police training management software. $150,000 previously appropriated in the 2017 budget represents the town's portion of the public safety Intergraph system upgrade. This expenditure is now being reflected as a transfer to the Dispatch Services Fund. The entire cost of the upgrade will be accounted for in the Dispatch Services Fund with offset from reimbursements by participating agencies. The proposed budget adjustments will result in an estimated fund balance of $5.8 million by the end of 2017, or 39% of annual revenues. Housing Fund This fund is a newly -created fund reported on a budget basis only. The Housing Fund will be funded by Employee Housing Fee -in -Lieu collections and transfers from the Capital Projects Fund. The Housing Fund, as shown on page 7 of the fund statements reflects revenue of $3,112,482 which represents the accumulation of housing fee -in -lieu collections. Another $316,557 of fees -in -lieu was collected during 2017. Separately, the Capital Projects Fund had appropriated $500,000 for the INDEED program in 2017, of which $328,587 has been spent year to date. In September, the town's purchase of 65 deed restrictions as part of a redevelopment at Solar Vail for $4,225,000 was approved. This uses up all of the available funds from both the fees -in -lieu ($3,112,482 and $316,557) and the remaining INDEED program of $171,413, plus requires a roll back of the 2018 INDEED funding of $500,000 and a supplemental request of $124,548. Separately, the Vail Local Housing Authority has requested an additional $500,000 to replenish the INDEED program, with remaining funds to carryover to 2018. Based on the current budget requests, there will be no remaining fund balance in the Housing Fund, however any unspent INDEED program funds would result in a fund balance to carry over to 2018. Real Estate Transfer Tax (RETT) Fund Budgeted revenues will be increased by $74,735. This includes $16,000 of bag fee revenue to be offset by corresponding expenditures of $10,000 for E -Waste Collection Day and $6,000 for Clean Up Day. The remaining $40,650 is a shared reimbursement from Eagle River Water and Sanitation District offset by a corresponding expenditure for Dowd Junction repairs. Staff is requesting to supplement 2017 expenditures by a total of $229,735. This includes the $56,650 of expenditures corresponding to the reimbursements mentioned. The remaining $173,085 of expenditures includes: • $150,000 for the purchase of the Moran land parcel in East Vail. The parcel will be purchased as part of the East Vail interchange project. • $5,000 to renew Rocky Mountain climate membership. The town first became a member in 2016 and the program has been successful. • $18,085 to supplement the Winterfest events and frozen art display for a longer event duration. This expenditure utilizes donations raised. The proposed budget adjustments will result in an estimated fund balance of $4.0 million by the end of 2017, or 57% of annual revenues. - 3 December 5, 2017 - Page 99 of Dispatch Budgeted revenue will reflect $565,815 in reimbursements, the majority of which ($550,000) is cost sharing for an upgrade to the Intergraph system. Also included is a $3,735 reimbursement from Pitkin Country for corresponding expenditures relating to an intergovernmental agreement to supply Vail Dispatch Services staff while Pitkin County rebounds from a severe staffing shortage. Another $12,684 is state reimbursement for personnel and travel costs for deployments on the Gutzler and Himes Peak fire. • $550,000 is the full cost to upgrade the county -wide computer aided dispatch and records management system. $400,000 will be reimbursed by participating agencies. A transfer from the Capital Projects Fund of $150,000 is the town's portion of the project. Heavy Equipment Fund Staff is requesting to supplement 2017 expenditures by $125,000 as a placeholder for the potential buyout of a fuel tank and field tank distribution system from the town's current fuel provider. The tank and equipment is currently located on town property at the Public Works Shops. Additional information will be provided to Council during the 2nd reading of the 2017 budget supplemental on December 19th Health Insurance Fund Staff is requesting to supplement expenditures by $450,000 to cover an increase in health claims. The proposed amended expenditures in the Health Insurance Fund will be a 0.39% increase from 2016 amended budget. During 2017, the town has seen a significant increase in health claims. Health claims experience is cyclical in nature. Over the previous past four years, the town experienced notably fewer claims and was able to build a healthy reserve in the Health Insurance Fund. Despite the additional health claims expenditures, the town will still maintain a healthy fund balance of $3.0 million. Timber Ridge Fund Budgeted revenue will reflect a decrease of $38,000 in lost rental revenue due to an additional month of delayed renovation on the Vail Resorts master leased units. A claim has been filed against the contractor for the lost revenue. Staff is requesting to rollover prior years savings of $45,000 from capital project expenditures for a parking overpay project originally budgeted in 2016 and completed in 2017. -4 December 5, 2017 - Page 100 0 December 5, 2017 - Page 101 of 567 5 TOWN OF VAIL 2017 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 2017 Proposed Original 1st 2017 2nd 2017 3rd 2017 Budget Supplemental Amended Supplemental Amended Supplemental Amended Revenue 2% Local Taxes: $ 26,100,000 $ 26,100,000 $ (565,000) $ 25,535,000 $ 25,535,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 62/38 62/38 62/38 62/38 Sales Tax 16,182,000 16,182,000 (350,300) 15,831,700 15,831,700 Property and Ownership 4,891,307 4,891,307 4,891,307 4,891,307 Ski Lift Tax 4,964,400 4,964,400 4,964,400 4,964,400 Franchise Fees, Penalties, and Other Taxes 1,115,065 1,115,065 1,115,065 1,115,065 Licenses & Permits 1,623,098 1,623,098 1,623,098 1,623,098 Intergovernmental Revenue 2,010,781 2,010,781 41,552 2,052,333 288,813 2,341,146 $287K state reimbursement from wildfire deployments; $1,540 state grant proceeds for staff to perform administrative work for the Northwest Incident Management Team (NWIMT)- see corresponding expenditure below Transportation Centers 5,155,000 5,155,000 5,155,000 5,155,000 Charges for Services 1,028,870 1,028,870 1,028,870 1,028,870 Fines & Forfeitures 249,171 249,171 249,171 249,171 Earnings on Investments 120,000 120,000 120,000 120,000 Rental Revenue 1,013,838 1,013,838 1,013,838 55,000 1,068,838 $55K rental revenue from Donovan Pavilion for increased rental use Miscelaneous and Project Reimbursement 161,000 161,000 1,228 162,228 33,025 195,253 Reimbursement from Vail Valley Medical Center (VVMC) for books for babies- see expenditure below; $21.9K Friends of the Library grant; $10.2K reimbursement from VVI for 3 light poles provided by the town- see corresponding expenditure below Total Revenue 38,514,530 38,514,530 (307,520) 38,207,010 376,838 38,583,848 Expenditures Salaries 17,823,455 47,000 17,870,455 97,120 17,967,575 181,966 18,149,541 Wildfire deployment $151K; $1,400 for staff to perform administrative work for NWIMT; $12.5 for a seasonal heavy equipment operator for the new underpass approved during the 2018 budget; $17.2K 6 week increased summer bus service approved during the Aug 15th meeting Benefits 6,170,004 6,170,004 6,170,004 65,458 6,235,462 Wildfire deployment $57.5K; $140 for staff to perform administrative work for NWIMT; $7.8K 6 week increased summer bus service approved during the Aug 15th meeting Subtotal Compensation and Benefits 23,993,459 47,000 24,040,459 97,120 24,137,579 247,424 24,385,003 3.4% Contributions and Special Events 2,047,399 125,000 2,172,399 10,000 2,182,399 2,182,399 December 5, 2017 - Page 101 of 567 5 All Other Operating Expenses 7,680,184 98,764 7,778,948 117,780 7,896,728 93,554 7,990,282 $7.5K wildfire travel; $28K to restock parking pass card inventory; $925 for books for babies purchased for WMC; Library professional photography services $3K; Library book bags $4.7K; Interlibrary loan activity services $4K; Library champagne bunch $2.7K; Digital archives and audio transcripts at the library $1 K; 3 light poles provided by the town for WI remodel $10.2K; Marketing efforts for STR education on new regulations $10K; $15K increased Donovan pavilion fees and commissions for increased rental usage revenue Heavy Equipment Operating Charges 2,303,300 2,303,300 28,880 2,332,180 2,332,180 Heavy Equipment Replacement Charges 668,654 668,654 668,654 668,654 Dispatch Services 663,307 663,307 663,307 663,307 Total Expenditures 37,356,303 270,764 37,627,067 253,780 37,880,847 340,978 38,221,825 % increase vs. prior year Revenue Over (Under) Expenditures 1,158,227 (270,764) 887,463 (561,300) 326,163 35,860 362,023 Beginning Fund Balance 23,619,174 27,300,260 27,300,260 27,300,260 Ending Fund Balance As % of Annual Revenue $ 24,777,401 $ 28,187,723 $ 27,626,423 $ 27,662,283 64% 73% 72% 72% December 5, 2017 - Page 102 of 567 6 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2017 Proposed Original 1st 2017 2nd 2017 3rd 2017 Budget Supplemental Amended Supplemental Amended Supplemental Amended Revenue 2% 1% Total Sales Tax Revenue: $ 26,100,000 $ 26,100,000 $ (565,000) $ 25,535,000 $ 25,535,000 2017 proposed at a 2% increase from 2016 amended; then 2% each year Sales Tax Split between General Fund & Capital Fund 62/38 62/38 62/38 62/38 Sales Tax - Capital Projects Fund $ 9,918,000 $ 9,918,000 $ (214,700) $ 9,703,300 $ 9,703,300 $215K to adjust for current shortfall; 38% to CPF Use Tax 1,545,000 1,545,000 1,545,000 1,545,000 2017 assumes no new major redevelopments Federal Grant Revenue - - - Other County Revenue - - $300K reimbursement for Intergraph update- see corresponding expenditure below Other State Revenue 704,000 704,000 704,000 6,048 710,048 $6K reimbursement from State of Colorado for use of E -trailer during Gutzler fire; Bus Grant awarded from CDOT Lease Revenue 159,135 159,135 159,135 159,135 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K) Employee Housing Fee -In -Lieu - - 1,516,971 - Recognize YTD collections Project Reimbursement 65,000 50,000 115,000 500,000 615,000 2,131,971 $1.5M reimbursement from Eagle County School District for Red Sandstone parking garage;; $17K shared reimbursement from the Lion to repair and cover ditch in front of the Lion- see corresponding expenditure below; 2017: $45K reimbursement from Holy Cross for engineering costs for underground utility projects- See corresponding expenditure below; $455K from the traffic impact fee for the VVMC/Frontage Road project design; $50K Use of Holy Cross Community Enhancement Funds to offset project at Liftside to Glen Lyon Office Building. $65K per year revenue share agreement with Resort App Timber Ridge Loan repayment 463,252 28,500 491,752 491,752 491,752 $28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge Fund Earnings on Investments and Other 113,588 113,588 113,588 113,588 0.7% rate assumed on available fund balance Total Revenue 12,263,975 782,500 13,046,475 285,300 13,331,775 1,523,019 14,854,794 Gore Range Condo Units 2E & 3W Expenditures Maintain Town Assets Bus Shelters 50,000 40,612 90,612 90,612 90,612 Annual maintenance; Re -appropriate for repairs to Spruce Way bus shelter and lights Parking Structures 690,000 156,826 846,826 846,826 846,826 Re -appropriate to complete VTRC elevator upgrades; Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs Traffic Impact Fee and Transportation Master Plan Updates - 61,236 61,236 61,236 61,236 2017: Continuation of Update of Traffic Impact Fees: $65K; Transportation Master Plan: $85K Facilities Capital Maintenance 582,625 54,180 636,805 636,805 636,805 Re -appropriate 2016 savings for updates to Town Manager residence; 2017: Includes Community Development Conference room furniture ($18K), remodel of lockers and restroom at Vail Transit Center ($100K) and roof for PD building (pending municipal renovation) ($100K). Donovan Park Pavilion 5,000 5,000 10,000 10,000 10,000 Re -appropriate Annual $5K Maintenance to repair HVAC Street Light Improvements 50,000 65,257 115,257 115,257 115,257 Annual maintenance to street lights; LED light enhancements Capital Street Maintenance 1,320,000 - 1,320,000 1,320,000 6,971 1,336,971 $17K shared expense to repair and cover ditch in front of the Lion- see corresponding reimbursement above; Use of 2016 savings ($122.8K) for pedestrian safety improvements- see corresponding in pedestrian safety project; On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; West Forest Bridge Repair - 347,497 347,497 347,497 347,497 Major Bridge Repair Projects based on bi-annual bridge inspection Kinnickinnick (West) Bridge Repair - 341,637 341,637 341,637 341,637 Major Bridge Repair Projects based on bi-annual bridge inspection Radio Replacement - 18,900 18,900 18,900 18,900 Additional Radios for backup radios and crew expansion; related yearly County fees ($10K) included in HEF. Town -wide camera system 70,000 70,000 70,000 70,000 '2017-2019 replace Bosch system(30 cameras); 2016 included $22K for replacement of cameras and equipment; Recorders cost $7-8K each; cameras range from $800 - $3,800 each Audio -Visual capital maintenance 84,000 84,000 (15,000) 69,000 69,000 Transfer $15K of savings to be used for Resort Application for the new lodging feature; Audio visual, phone and IT equipment for an EOC at the West Vail Fire Station - funded by a NWCOG grant listed above Document Imaging 43,000 43,000 43,000 43,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers. 2017: $22K for 25 Laserfiche licenses, $21 K for annual maintenance Software Licensing 56,000 56,000 56,000 56,000 Upgrade Microsoft products on all equipment; renewal of licenses; $3K per year increase from original 5 year plan due to additional software products Police Training Mgmt. software 5,395 5,395 5,395 IM 5,0001 10,395 PeACEq training mgmt. software to track training and employee evaluations; Additional $5K 2017 budget oversight 7 December 5, 2017 - Page 103 of 567 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2017 Proposed Original 1st 2017 2nd 2017 3rd 2017 Budget Supplemental Amended Supplemental Amended Supplemental Amended Hardware Purchases 175,000 175,000 175,000 175,000 2017: $120K PC and laptop replacements (150-175 total); $55K Omnicube at Fire Station3; Scheduled rotation of PCs, printers and servers Data Center (Computer Rooms) 15,000 879,036 894,036 894,036 894,036 2017: Increase includes remodel / retrofit of upper and lower computer rooms ( power, heating / cooling, fire suppression). Possible relocation into a combined room offsite is being explored. Website and e-commerce 12,000 12,000 12,000 12,000 Internet security & application interfaces; website maintenance; includes $550/month for web hosting svcs Fiber Optics / Cabling Systems in Buildings 15,000 15,000 15,000 15,000 Repair, maintain & upgrade cabling/network Infrastructure Network upgrades 30,000 30,000 30,000 30,000 Computer network systems - replacement cycle every 3-5 years; 2015, 2020 replacement of switches and routers Phone System Upgrade 60,000 22,855 82,855 82,855 82,855 2017: IPO Phone system replacement ($40K), normal replacement of (pads, (Phones $20K Business Systems Replacement -- 47,825 47,825 47,825 $13K to upgrade the financial reporting module; $1 K to complete Community Development permitting software Public Safety System 250,000 250,000 250,000 (150,000) 100,000 Annual capital maintenance of "County -wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance; 2017: WebRMS upgrade ($150K), Dispatch remodel console replacement ($16K), Fire and police mobile data computer replacement ($24K), Audio Visual EPC ($10K) Transit Center Generator 27,662 27,662 27,662 27,662 Re -appropriate to complete the replacement of generator at the Vail Village transit center; includes testing and connecting elevator to generator service. Generator for East Vail Fire Station - 10,290 10,290 10,290 10,290 Re -appropriate to complete replacement outdated generator at Station 1 Portable vehicle lift - 15,658 15,658 15,658 15,658 Re -appropriate for replacement lift to service vehicles in fleet; current lift is 30 years old Vehicle Expansion 746,500 746,500 746,500 746,500 2017: Snowplow ($210K), Loader with plow($290K) , sweeper broom for loader ($25K); 2016:4 flatbed pick up trucks for Streets crews, Electricians, Irrigation crew, and Wildland Fire, Truck with end dump loader($210) Total Maintenance 4,259,520 2,046,646 6,306,166 32,825 6,338,991 (128,029) 6,210,962 Enhancement of Town Assets Guest Services Enhancements/Wayfinding - 956,114 956,114 956,114 956,114 Re -appropriate for continuation of Guest Service / Wayfinding enhancements outside of VRA district East Vail Fire Station - 838,228 838,228 838,228 838,228 Re -appropriate to complete the Renovation of East Vail fire station (Final bill payment) Energy Enhancements 92,900 92,900 92,900 92,900 Implementation of energy audit enhancements; includes LED lighting project with shared cost of $170K from Holy Cross Vail Memorial Park Contribution - - - 50,000 50,000 50,000 Council contribution for capital improvements for Phase II at Vail Memorial Park East Lionshead Circle Vantage Point Walk (VRA) 185,000 185,000 185,000 185,000 Improvements to Vantage Point walkway as requested by Vantage Point Pedestrian Safety Enhancements 135,000 122,830 257,830 257,830 257,830 Savings from capital street maintenance to be used towards pedestrian safety enhancements; 2017: Phase II- Vail Valley Drive and Glen Lyon Crosswalk sign and lighting; 2018: Lighting for Main Vail roundabouts and West Vail Roundabouts (approved by council on 7/5/16 Library Self -Check System Updates 18,000 18,000 18,000 18,000 Library replacement kiosk and security gate replacement Chamonix- TOV - 762,548 762,548 762,548 762,548 Chamonix- TOV East Meadow Drive Snowmelt 800,000 800,000 800,000 800,000 Snowmelt major repairs from Solaris to Austria House/Covered Bride area to be done at same time as the Slifer Plaza construction. This includes paver removal, snowmelt, asphalt replacements with concrete pavers Slifer Plaza/ Fountain/Storm Sewer 1,350,000 105,321 1,455,321 1,455,321 1,455,321 Repairs to Silfer Plaza fountain and storm sewers Neighborhood Road Reconstruction 60,490 60,490 60,490 60,490 2017: Continuation of 2015/2016 shared drainage project with ERWSD on Rockledge Rd/Frontage Rd; East Vail road reconstruction design in 2018, Phase 1 in 2019, Phase II in 2020, Phase III was eliminated. Neighborhood Bridge Reconstruction 1,000,000 385,608 1,385,608 1,385,608 1,385,608 Nugget Lane and Bridge design in 2015-2016 and construction in 2017-2018. Partial Funding is from Federal grants Lionshead Parking Structure Landscape Renovations (VRA) 100,000 100,000 100,000 100,000 Improvements to parking structure landscaping Fire Breathing Apparatus 298,000 298,000 298,000 298,000 Replacement of all (30) cylinders/compressors purchased in 2007; Updated model addresses safety issues that have been identified in the current model, such as failure in high temperature environments; New units would also allow interoperability with surrounding departments who have gone to this updated unit type. Original budget increased by $23K Colorado Ski Museum renovation - 500,000 500,000 500,000 500,000 Placeholder for town contribution toward expansion and remodel of Colorado Ski Museum 8 December 5, 2017 - Page 104 of 567 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2017 Proposed Original 1st 2017 2nd 2017 3rd 2017 Budget Supplemental Amended Supplemental Amended Supplemental Amended Parking Entry System / Equipment 18,000 16,200 34,200 34,200 34,200 2017: East Betty Ford Way remote access parking equipment for the ADA gate to operate remote, Backup parking sales desktop coder for parking passes; Bus Camera System Installation of software and cameras in buses Hybrid Bus Battery Replacement 431,772 431,772 431,772 431,772 Scheduled replacement; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet Replace Buses 3,083,500 3,520,000 6,603,500 6,603,500 Resort App 65,000 65,000 15,000 80,000 Public Works Shops & Maintenance Buildings 150,000 150,000 150,000 6,603,500 2017: 7 buses ordered in 2017 scheduled for replacement and delivery in 2018 ($440.5K per bus); 155,817 $50K to purchase Vail Application backend code; $26K for monthly operating expenses; Transfer $15K from audio visual project; Town "Resort App" mobile application annual fee; offset by revenue sharing agreement 150,000 2017:Public Works shops heater replacements ($150K each in 2017 and 2018) Public Works Equipment Wash Down/WQ Improvements 246,967 246,967 246,967 246,967 Exterior wash area for large trucks not safe in the winter; also includes improvement to how the waste water is disposed Total Enhancements 7,202,500 8,038,978 15,241,478 65,000 15,306,478 75,817 15,382,295 New Assets Municipal Redevelopment Red Sandstone Parking Structure VVMC / TOV Frontage Road improvements 359,330 1,300,000 455,000 359,330 1,300,000 455,000 359,330 1,300,000 455,000 359,330 1,350,000 455,000 Chamonix Housing Development 17,728,000 17,728,000 17,728,000 17,728,000 $359K for planning of possible future municipal building redevelopment; $6M was moved forward in the 5 year capital plan to 2018 as a placeholder for a significant remodel should a complete reconstruction occur. $50K approved by council for increased foundation support for possible future buildup( 2 floors); $1.3M in 2017 for design; 2018 includes remaining project funding of $13.7M; Construction of 4 level parking structure at Red Sandstone Elementary school, with contributions from Vail Resorts ($4.3M)-2018 and Eagle County School District ($1.5M)-2017; Remainder to be reimbursed by VRA 2017: Council approved design work of $375K on Apr. 18; Staff has proposed contract award at $455K to include a 3rd party review, utility potholing and public information based on VVMC plans for expansion; Improvements would span from LH Parking structure to Municipal building; Design funded by Traffic Impact Fee funds Construction of future housing development 1-70 Underpass (VRA) Public Art (VRA) 3,250,000 East LH Circle pathway to Dobson (VRA) 638,587 153,325 100,000 3,888,587 153,325 100,000 3,888,587 153,325 100,000 0,000 Dobson Plaza (VRA) 100,000 100,000 100,000 Buy -down Program(Affordable Housing) 500,000 500,000 500,000 (500,000) Buy -down Program Funded by Pay -in-Lieu 3,112,482 3,112,482 3,112,482 (3,112,482) Underground Utility improvements 280,000 280,000 45,000 325,000 3,888,587 2015-2017 is the town's portion of this project since we were awarded RAMP funding from CDOT and includes the budget increase approved by both Council and CDOT 173,325 Additional paneling for underpass art; 1-70 Underpass art project originally budgeted in 2018 100,000 Planning and Design for project to Improve connection from the E LionsHead bus stop to Dobson originally scheduled in 2016; Project is delayed until 2017/2018 pending master plan revision 100,000 Redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts); planning/design originally scheduled in 2016 was delayed until 2017/2018 pending master plan revision $500K Transfer to Housing Fund for Solar Vail; Placeholder for deed Restriction purchase program based on Affordable Housing Strategic Plan- contingent upon council approval of program policies and implementation plan Transfer $3.1 M to the Housing Fund for Solar Vail; Carry forward current balance of program funding: Housing funded directly by Pay -in -Lieu fees collected from developers; Request to use toward the deed restriction purchase program pending approval of program policies; Includes revenue collected in 2016 ($505,277) 325,000 Use of Holy Cross funds for engineering costs for Big Horn Road and South Frontage Road bids; $Appropriate for Rockledge Road, $50K; 1-70 Underpass (CDOT $105 & Holy Cross $75K); $50K for undergrounding electric between Glen Lyon office building and Liftside; Total New Assets: 3,750,000 24,226,724 27,976,724 45,000 28,021,724 (3,542,482) 24,479,242 Total Expenditures 15,212,020 34,312,348 49,524,368 142,825 49,667,193 (3,594,694) 46,072,499 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 3,585,000 2,291,912 5,876,912 5,876,912 5,876,912 2017:1-70 Underpass ($3.9M); $177K public art; $31 K for Lionshead parking expansion joints; Lionshead parking structure landscape improvements and Vantage Point Walk; LH Circle pathway to Dobson ($100K); Dobson Plaza ($100K); 9 December 5, 2017 - Page 105 of 567 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2017 Proposed Original 1st 2017 2nd 2017 3rd 2017 Budget Supplemental Amended Supplemental Amended Supplemental Amended Transfer to Housing Fund (4,737,030) L (150,000) (4,737,030) Transfer to Housing Fund for Solar Vail ($4.2M) includes $500K rollforward of 2018 INDEED funding and $124.5K additional funding; INDEED program replenish ($500K) Transfer to Dispatch - - - (150,000) Town's portion of county -wide RMS !leads system upgrade Revenue Over (Under) Expenditures 636,955 (30,600,981) (30,458,506) (30,227,823) Beginning Fund Balance 15,898,312 36,052,672 36,052,672 36,052,672 Ending Fund Balance 16,535,267 5,451,691 5,594,166 5,824,849 10 December 5, 2017 - Page 106 of 567 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HOUSING FUND Revenue Housing Fee in Lieu (balance) Housing Fee in Lieu (2017 collections) Transfer from Capital Projects Fund (balance) Capital Projects Funding - New Total Revenue Expenditures INDEED Program Solar Vail Housing Development Total Expenditures Operating Income Beginning Fund Balance Ending Fund Balance 2017 3rd 2017 2018 Original Supplemental Proposed Original 3,112,482 316,557 500,000 1,124,548 3,112,482 316,557 500,000 1,124,548 500,000 5,053,587 828,587 4,225,000 5,053,587 500,000 828,587 4,225,000 500,000 - 5,053,587 5,053,587 500,000 11 December 5, 2017 - Page 107 0 12 December 5, 2017 - Page 108 of 567 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2017 Proposed Original 1st 2017 2nd 2017 3rd 2017 Budget Supplemental Amended Supplemental Amended Supplemental Amended Revenue Real Estate Transfer Tax $ 5,850,000 $ 5,850,000 $ 5,850,000 $ 5,850,000 2017 is a 10% decrease from 2016 budget and a 3.8% decrease from 2015 actuals. Golf Course Lease 140,094 140,094 140,094 140,094 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account" (accompanying expenditure listed below) Intergovernmental Revenue 720,000 155,125 875,125 875,125 40,650 875,125 $135K State funding for water mitigation for PW runoff- See corresponding expenditure below; $20K from Eagle County for Intermountain Fuels project; $20K Lottery fund proceeds; 2017 $700K CDOT TAP Grant for water quality improvements at East Vail Interchange, Eagle County contribution for Intermountain Fuels project- see corresponding expenditure below, Project Reimbursements 36,000 36,000 36,000 76,650 Reimbursement from Eagle River Water and Sanitation District for Dowd Junction repairs and improvements- See corresponding reimbursement below; Contribution from the Nature Conservancy ($36K) for Intermountain Fuels project- See corresponding expenditure below Donations 5,770 5,770 5,770 18,085 23,855 2017 Winterfest donations- see corresponding reimbursement below; Use of $5.7K Sole Power Donations received in 2016 Recreation Amenity Fees 10,000 10,000 10,000 10,000 Earnings on Investments and Other 33,064 33,064 33,064 16,000 49,064 Recognize bag fee revenue for America's Recycles Day ($10K) and for Clean Up Day ($6K); $33K interest- '0.7% rate assumed Total Revenue 6,753,158 196,895 6,950,053 - 6,950,053 74,735 7,024,788 Expenditures Maintain Town Assets Annual Park and Landscape Maintenance 1,577,134 1,577,134 1,577,134 1,577,134 Ongoing path, park and open space maintenance, project mgmt.; 2017 added 0.5 FTE for turf & irrigation due to estimated increase in park maintenance for Booth Creek Park and I- 70 underpass medians Management Fee to General Fund (5%) 292,500 292,500 292,500 292,500 5% of RETT Collections - fee remitted to the General Fund for administration Tree Maintenance 65,000 39,270 104,270 104,270 104,270 Utilize 2016 savings for tree removal project along Gore Creek in 2017; Per Council 4/18, add $20K; Regular maintenance for tree health within the town (spraying, removing, new trees); scale spraying on town -owned property at approx. $120 per tree; Initiating tree - planting program for lost trees Forest Health Management 268,655 268,655 268,655 268,655 Operating budget for Wildland Fire crew; 2017 increase for replacement of 1 radio ($4.5K) and new wildland hose ($4K) Intermountain Fuels Reduction 677,656 56,000 733,656 733,656 733,656 2017: $677.7K for Phase II as approved by Council; .2016 included $63.7K for Phase I of Intermountain Fuels Reduction Project; $56K contribution from Eagle County($20K) and Nature Conservancy ($36K)- See corresponding contribution above; Street Furniture Replacement 50,000 7,588 57,588 57,588 57,588 Utilize 2016 savings for additional benches and bike rack replacements Rec. Path Capital Maint 109,724 94,411 204,135 204,135 204,135 Re -appropriate for improvements on Gore Creek trail; Capital maintenance of the town's recreation path system Park / Playground Capital Maintenance 83,025 83,025 83,025 83,025 Annual maintenance items include projects such as playground surface refurbishing, replacing bear -proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance Adopt a Trail 5,000 5,000 5,000 Staff recommendation for $5K council contribution to be used towards trail maintenance for the 9 trails in Vail that have been adopted by the program 12 December 5, 2017 - Page 108 of 567 13 December 5, 2017 - Page 109 of 567 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2017 Proposed Original 1st 2017 2nd 2017 3rd 2017 Budget Supplemental Amended Supplemental Amended Supplemental Amended Alpine Garden Support 69,700 69,700 69,700 69,700 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increase Alpine Garden - Fountains 30,000 30,000 30,000 30,000 Contribution request for assistance with repairs to water fountains Eagle River Watershed Support 45,450 45,450 45,450 45,450 Annual support of the Eagle River Watershed Council programs with 1% increase for 2017; 2016 increased due to rollover of unused 2015 funds Public Art - Operating 106,846 106,846 106,846 106,846 Art in Public Places programming Environmental Sustainability 474,645 5,770 480,415 480,415 21,000 501,415 $5K for Rocky Mountain Climate Membership; America's Recycles Day ($10K) and for Clean Up Day ($6K) funded by bag fee revenue; Environmental Sustainability programs; 2017: $62K to complete Sustainable Destination Certification; $12K for energy management software to track the town's progress toward goals; $15K Solar feasibility study; Rollover of Sole Power donations received in 2016 $5.8K Total Maintenance 3,850,335 203,039 4,053,374 5,000 4,058,374 21,000 4,079,374 Enhancement of Town Assets Glen Lyon Rec. Path Reconstruction 150,000 150,000 150,000 150,000 Reconstruction of Glen Lyon Rec Path to be completed with the construction of the 1-70 underpass ($150K) Chalet Road Sport Courts - 40,000 40,000 40,000 40,000 Re -appropriate $40K to complete sports courts on Chalet Road Soft Surface Trails 100,000 100,000 100,000 100,000 Trail enhancements Donovan Park Improvements 64,947 64,947 64,947 64,947 Re -appropriate to complete payment for Donovan Park picnic shelter and playground maintenance Library Recreation Path Reconstruction - 10,000 10,000 10,000 10,000 Repairs to the recreation path from the Vail Library to Lionshead Streambank/tract mitigation 400,000 571,575 971,575 (971,575) - - Transferred to new project codes to clarify and better align project budgets- See transfer below; Re -appropriate to continue repairs to Gore Creek stream bank; transfer $12K to Ford Park projects; Based on Eagle River Water District study results; Includes estimates for stream bank repairs (from water to bank) and riparian repairs (from bank to land area and revegetation); Project will span several years as part of "Restore the Gore" Streamtract Education/Mitigation 273,199 273,199 273,199 Education/marketing/ ect for water quality for "Restore the Gore" and water quality improvements Water Quality Infrastructure 1,520,255 1,520,255 1,520,255 Infrastructure improvements/repairs for Gore Creek streambank and riparian repairs; Includes $135K in state grant funding for water mitigation at PW for roof runoff Streambank Mitigation - - 636,806 636,806 636,806 Streambank mitigation for Gore Creek streambank East Vail Water Quality TAPS 1,160,000 (34,889) 1,125,111 1,125,111 1,125,111 East Vail Water Quality Improvements; CDOT TAP grant funding of $700K in 2017; Adjust budget to reflect the $75K moved forward to the 2016 budget year East Vail Interchange Improvements 1,039,764 (50,957) 988,807 988,807 988 807 Re -appropriate to continue landscaping design and construction of the interchange; Adjust budget to reflect the $75K moved forward to the 2016 budget year Dowd Junction repairs and improvements - 365,835 365,835 365,835 40,650 406,485 Reimbursement from ERWSC (see reimbursement above); 2017 Re -stabilization of Dowd Junction path; Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sand (ERWSC) Bighorn Park Improvements 100,000 125,000 225,000 225,000 225,000 2017: Transfer budget from Ford Park projects; Park improvements and upgrades including shelter upgrade, ADA access, drainage improvements, playground mtc, new stairs added to west end, irrigation improvements, and planting around pond Ford Park Portal Improvements - 330,704 330,704 330,704 330,704 Re -appropriate to continue improvements to Ford Park entry points Ford Park Playground/Lower Bench Improvements 300,000 (300,000) - Transfer dollars to Ford Park Improvements project; work combined for contracting purposes) 2017: Schoolhouse garden ($150K), shelter at the sports fields ($150K) Open Lands Plan 177,192 177,192 177,192 IN 150,000 327,192 East Vail Moran parcel purchase; Continuation of Comprehensive Open Lands Plan Update 13 December 5, 2017 - Page 109 of 567 14 December 5, 2017 - Page 110 of 567 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2017 Proposed Original 1st 2017 2nd 2017 3rd 2017 Budget Supplemental Amended Supplemental Amended Supplemental Amended Booth Creek Park - 384,768 384,768 384,768 384,768 Re-appropriate to continue redevelopment of entire park including tennis courts, covered areas and playground structures; Tennis court ($262K) and playground ($385K) originally budgeted in 2014 will occur when overall park is reconstructed. Public Art -General program / art 85,000 482,310 567,310 567,310 18,085 567,310 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds. Also includes 2016 sales from manhole covers Public Art -Winterfest 14,295 14,295 14,295 32,380 Recognize 2017 Winterfest donations for December Winterfest events; Carry over balance from 2016 ($14K) and recognize donations made for Winterfest event ($261). Total Enhancements 3,334,764 2,180,780 5,515,544 1,458,685 6,974,229 208,735 7,182,964 VRD-Managed Facility Projects Recreation Enhancement Account 140,094 140,094 140,094 140,094 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance; Golf Course - Other 79,504 542,868 622,372 622,372 622,372 2017: Design and planning to replace bridges at holes 13 & 14 ($50K), replace stone veneer with timber railings ($16.4K),rebuild irrigation pumps ($13.1K); 2016 included $400K for storage building; asphalt driving and parking area Dobson Ice Arena 364,534 44,344 408,878 408,878 408,878 2017: remodel rink bathrooms and changing rooms ($131.1K), rock wall repair ($10.5K), clean wood structure ($38.2K), replace pumps ($45.9K), redesign and rebuild electrical room ($120.2K); '2016 pavers and concrete slab replacement ($54K); 'Re-appropriate to complete pavers and concrete slab replacement in 2017 Ford Park / Tennis Center Improvements 120,000 58,245 178,245 178,245 178,245 2017: replace roofing on tennis center ($81.5K), replace gutters ($9.3K), remodel bathrooms ($31 K), replace lockers ($13.1K), furnace ($13.7K), hot water tank ($7.6K), and base board heaters ($18.6K) Athletic Fields 8,195 21,250 29,445 29,445 29,445 2017: paint wood structure and exterior trim ($8K); '2016: rooftop replacement for restrooms and athletic field ($21.3K) Gymnastics Center 16,489 35,600 52,089 52,089 52,089 Re-appropriate for installation of cooling system in 2017 ($57.5) Nature Center 40,000 69,754 109,754 109,754 109,754 2017: Research on historical preservation and design ($40K); 2016 Exterior windows, doors, wood siding and slope roof ($69.8K) Total VRD-Managed Facility Projects 768,816 772,061 1,540,877 - 1,540,877 - 1,540,877 New Assets Golf Clubhouse &Nordic Center 1,077,912 1,077,912 1,077,912 1,077,912 Re-appropriate to complete clubhouse renovation; Total includes $1.165M reimbursement from VRD, allocation of Recreation Enhancement Funds $765,440, Conference Center funds of $3.8M, current RETT funds of $538,189 (Total project cost estimated at $13.8M, which includes previously spent RETT funds of $705,571 from 2012 & 2013) Ford Park Improvements & Fields 675,624 675,624 675,624 675,624 Combine prior budget amounts for various Ford Park projects in 2017 such as Lighting control system ($98K), landscape improvements ($175,297), schoolhouse garden and softball shelter ($300K); West Betty Ford Way - Maintenance Bldg. ($198K); Riparian planting ($12K); transformer enclosure ($35K) Total New Assets: - 1,753,536 1,753,536 - 1,753,536 - 1,753,536 Total Expenditures 7,953,915 4,909,416 12,863,331 1,463,685 14,327,016 229,735 14,556,751 Revenue Over (Under) Expenditures (1,200,757) (5,913,278) (7,376,963) (7,531,963) Beginning Fund Balance 5,545,226 11,554,520 11,554,520 11,554,520 14 December 5, 2017 - Page 110 of 567 15 December 5, 2017 - Page 111 of 567 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2017 Proposed Original 1st 2017 2nd 2017 3rd 2017 Budget Supplemental Amended Supplemental Amended Supplemental Amended Ending Fund Balance $ 4,344,469 $ 5,641,242 $ 4,177,557 $ 4,022,557 15 December 5, 2017 - Page 111 of 567 TOWN OF VAIL 2017 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2017 Original 1st 2017 3rd 2017 Budget Supplemental Amended Supplemental Amended Comments Revenue Town of Vail Interagency Charge $ 3,068,794 $ 3,068,794 $ 3,068,794 Insurance Reimbursements & Other 10,000 10,000 10,000 Earnings on Investments 14,209 14,209 14,209 Equipment Sales and Trade-ins 152,730 152,730 152,730 Total Revenue 3,245,733 3,245,733 3,245,733 Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 1,140, 936 1,322,013 1,155, 200 10,000 1,140, 936 1,332,013 1,155, 200 1,140, 936 1,332,013 125,000 1,280,200 Buy-out of fuel tank and field distribution system 3,618,149 10,000 3,628,149 125,000 3,753,149 (372,416) (382,416) (507,416) 1,823,192 2,281,680 2,281,680 $ 1,450,776 $ 1,899,264 $ 1,774,264 HEALTH INSURANCE FUND 2017 Original 3rd 2017 Budget Supplemental Amended Comments Revenue Town of Vail Interagency Charge - Premiums $ 3,500,000 $ 3,500,000 Employee Contributions 650,000 650,000 Insurer Proceeds - - Earnings on Investments 12,000 12,000 Total Revenue 4,162,000 4,162,000 Expenditures Health Inusrance Premiums 735,716 735,716 HC Reform Fee 26,010 26,010 Claims Paid 3,340,908 450,000 3,790,908 Professional Fees 20,000 20,000 Total Expenditures 4,122,634 450,000 4,572,634 Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 39,366 (410,634) 3,443,806 3,443,806 $ 3,483,172 $ 3,033,172 16 Esimated increase in 2017 claims; 0.33% increase from 2016 budget December 5, 2017 - Page 112 c TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND Revenue E911 Board Revenue Interagency Charges Town of Vail Interagency Charge Earnings on Investments Project Reimbursement Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Other Financing Sources (Uses) Transfer from Capital Projects Fund Total Financing Sources (Uses) Surplus Net of Transfers & New Programs Beginning Fund Balance Ending Fund Balance 2017 Proposed 3rd Budget Supplemental 2017 Proposed Budget Comments 766,809 1,245,407 663,307 6,594 766,809 15,815 1,261,222 663,307 6,594 Wildfire Reimbursement $12.8K; $3.7K reimbursement from Pitkin county for dispatch services (travel and overtime) 400,000 400,000 $400K reimbursement for county -wide RMS Ileads system; 2,682,117 415,815 3,097,932 2,076,804 15,210 2,092,014 505,269 605 390,641 550,000 Wildfire deployment ($12K); overtime for Pitkin County ($3.1K) Travel reimbursement from Pitkin 505,874 county for dispatch services 940,641 County -wide RMS (leads system 2,972,714 565,815 3,538,529 (290,597) (440,597) 150,000 150,000 $150K for the town's portion of the RMS (leads system (290,597) 150,000 150,000 (290,597) 941,962 212,874 1,154,836 $ 651,365 $ 864,239 17 December 5, 2017 - Page 113 0 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE TIMBER RIDGE FUND 2017 3rd 2017 Budget Supplemental Ammended Comments Revenue Rental Income 1,402,441 (38,000) 1,364,441 Decreased rental income due to delayed renovations Other Income 20,040 20,040 Total Revenue 1,422,481 (38,000) 1,384,481 Expenditures Operating, Maintenance & Contracts 529,026 529,026 Capital Outlay 281,273 45,000 326,273 Re -appropriate prior year savings due to delay in parking lot overlay project Total Expenditures 810,299 45,000 855,299 Operating Income 612,182 529,182 Non-operating Revenues (Expenses) Interest on Investments Loan Principal Repayment to Capital Projects Fur Interest Payment to Capital Projects Fund Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 1,866 (361,769) (129,983) 1,866 (361,769) (129,983) 122,296 39,296 863,947 965,960 $ 986,243 $ 1,005,256 18 December 5, 2017 - Page 114 0 ORDINANCE NO. 20 SERIES OF 2017 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, HEATH INSURANCE FUND, AND TIMBER RIDGE FUND OF THE 2017 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2017 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 28, Series of 2016, adopting the 2017 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2017 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 340,978 Capital Projects Fund 1,292,336 Housing Fund 5,053,587 Real Estate Transfer Tax Fund 229,735 Dispatch 565,815 Heavy Equipment Fund 125,000 Health Insurance Fund 450,000 Timber Ridge Fund 45,000 Total $ 8,102,452 Less Interfund Transfers (4,887,030) Net Total $ 3,215,422 Ordinance No. 20, Series of 2017 December 5, 2017 - Page 115 0 2. 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. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2017, and a public hearing shall be held on this Ordinance on the 19th day of December, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 20, Series of 2017 December 5, 2017 - Page 116 0 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No.15 Series 2017, second reading, an ordinance amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith. PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 15, Series 2017 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 15, Series 2017 ATTACHMENTS: Description STR December 5, 2017 - Page 117 0 TOWN OFVAILA Memorandum TO: Vail Town Council FROM: Finance Department, Economic Development Department DATE: December 5, 2017 SUBJECT: Short Term Rental Regulations I. SUMMARY Attached is the first reading of Ordinance No. 15, Series 2017, establishing a short term rental license and accompanying regulations. II. BACKGROUND On November 21, Council approved the first reading on the proposed regulations. Staff has added suggestions highlighted below which would apply to the implementation of the attached ordinance. While this ordinance addresses regulations supported by Council over a series of meetings and public sessions, the evolving landscape of the short term rental market will require that the town continue evaluating and adjusting our process to keep pace. III. DISCUSSION The attached ordinance establishes a unique license for short term rentals which will override the prior regulation requiring issuance of a business license. Short term rental (STR) will entail a new application process. Staff recommends an effective date of March 1st to allow for adequate notification and education of owners and property managers, implementation of a software solution, and creation of a process to manage complaints and administrative hearings. Staff also requests that Council consider a grace period of potentially several months in gaining duplex consent requirements due to existing bookings for future stays. The ordinance also identifies criteria a homeowner must meet to obtain (and renew) a short term rental license: • STR licenses have an application process and must be renewed each calendar year. STR licenses will be issued to the owner of the property and are not transferrable. With the sale of a property, a new license would need to be applied for by the new December 5, 2017 - Page 118 0 owner. A transfer of property will only qualify for a new license if fair market value is exchanged and the town's Real Estate Transfer Tax is paid. The intent behind this rule is to prevent a new STR license being granted to a previously -revoked license holder when the ownership is in "form" the same. • Properties with full time onsite property managers will be exempt from this type of license. They will retain the lodging business license currently used today. Examples of these properties include hotels, lodges, "condo-tels", fractional fee club units, etc. However, if an owner rents their unit on their own, and not through the lodge/condo-tel management company, they would be required to obtain their own individual STR license. • Joint Ownership terms: If a duplex unit has shared common property accessible to occupants of both units, STR applicants must provide proof of written consent from the record owner of the adjoining residential dwelling unit. If a duplex does not have shared common property, then the adjoining neighbor must be notified of intent to short term rent. Should a rental's license be later revoked, written consent from a duplex neighbor must be provided in order to re -instate the license after a two year waiting period. • An affidavit for each rented unit must be signed by the licensee to acknowledge trash, noise and parking regulations as well as verifying life safety precautions are in place. The affidavit also includes an agreement to comply with "Good Neighbor Guidelines". In response to Council's direction on November 7th, the affidavit has been updated to include a checkbox indicating compliance with applicable Homeowner Association (HOA) rules. Please see Attachment B for a draft affidavit and Attachment C for a draft of the "Good Neighbor Guidelines". • Each owner shall appoint a person or a licensed property manager to serve as a property contact who has access and authority to assume management of the unit and take remedial measures. The contact information must be posted in the interior of the rented unit for renters, as well as documented with the town. Initial complaints will be directed to the property contact for an opportunity to respond. The property contact shall be available 24 hours a day to respond to tenant and neighborhood questions or concerns. Please see Attachment D for a sample form assigning a property contact. • Require posting of license number within all rental advertisements (this requirement currently exists). Online advertisements must post the license number on the landing page, immediately following the property description. • Require a visible interior posting of license number, street address, property contact and owner information for the short term rental unit. • Applicable Health and Safety Standards are outlined within the ordinance, in accordance with town code. Violations of the town's current noise, trash/recycling, building code, fire code, parking, pet and occupancy regulations will be documented and tracked by staff. If an initial complaint is not resolved by the local property - 2 December 5, 2017 - Page 119 0 contact, a formal complaint may be filed with the town. Owners will then receive written notification from town staff regarding the complaint. • If there are three or more notices of complaints issued for the same short term rental property within a consecutive 12 month period, the town may revoke the STR license upon written notice to the owner. The owner may appeal and request an administrative hearing. Criteria for the determination of revocation will be defined in the near future. • Staff is currently working to define a complaint workflow and tracking mechanism. Implementation of a complaint process will coincide with the effective date of STR licensing on March 1st, 2018. IV. REQUEST OF COUNCIL Approve, deny or amend the second reading of Ordinance No. 15, Series 2017. - 3 December 5, 2017 - Page 120 0 ORDINANCE NO. 15 SERIES 2017 AN ORDINANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 14, ENTITLED SHORT-TERM RENTAL PROPERTIES, AND REPEALING SECTIONS IN CONFLICT THEREWITH NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 14 to read as follows: CHAPTER 14 SHORT-TERM RENTAL PROPERTIES 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish comprehensive licensing regulations to safeguard the public health, safety and welfare by regulating and controlling the use, occupancy, location and maintenance of short- term rental properties in the Town. B. This Chapter shall apply to short-term rental property only, as defined herein. This Chapter shall not apply to the furnishing of lodging services in hotels, motels, lodges or bed and breakfast establishments, or to properties with long-term leases. C. This Chapter shall not supersede or affect any private conditions, covenants or restrictions applicable to a short-term rental property. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: OWNER: The record owner of a residential dwelling unit in the Town who intends to lease or leases the unit as a short-term rental property. LEASE: An agreement or act by which an owner gives to a tenant, for valuable consideration, possession and use of property or a portion thereof for a definite term, at the end of which term the owner has an absolute right to retake control and use of the property. RESIDENTIAL DWELLING UNIT: A building or group of rooms with kitchen facilities designed or used as a dwelling by a family as an independent housekeeping unit, excluding the following, as defined in Title 1 11/30/2017 S:IFINANCEIBUDGETIBUDGET 171ORDINANCES & CERTIFICATIONSIORD 15 STR 2ND.DOCX December 5, 2017 - Page 121 0 12 of this Code, if serviced by a full-time on-site property manager: accommodation unit, bed and breakfast, employee housing unit, fractional fee club unit, lodge dwelling unit, limited service lodge unit, or timeshare unit. SHORT-TERM RENTAL PROPERTY: A residential dwelling unit, or any room therein, available for lease for a term of less than thirty (30) consecutive days. 4-14-3: LICENSE REQUIRED: A valid license is required for each short-term rental property in the Town. 4-14-4: APPLICATION: A. At least thirty (30) days prior to any advertising for or lease of a short-term rental property, the owner shall file a written application for a short-term rental license with the Finance Director or designee, on forms supplied by the Town. The application shall not be deemed complete until all required information is submitted. B. The application fee shall be set by resolution of the Town Council. C. If the proposed short-term rental property is located within a duplex, the application shall include a copy of a written notice provided by the owner to the last known address of the record owner of the adjoining residential dwelling unit. The written notice shall include a copy of the completed application, and shall be sent by first-class United States mail at least seven (7) days prior to the filing of the application. If the duplex has shared common areas that can be accessed by occupants of both units, including without limitation parking areas, walkways, stairs, patios or driveways, the application shall include written consent of the record owner of the adjoining residential dwelling unit. D. No license shall be issued without an affidavit, signed by the owner under penalty of perjury, certifying that the short-term rental property is in habitable condition and complies with the health and safety standards set forth in Section 4-14-7. E. Within thirty (30) days of receipt of a complete application for a short-term rental license, if the Finance Director or designee finds that the application complies with this Chapter, the Finance Director or designee shall issue a short-term rental license. The license shall be issued in the name of the owner, and shall not be transferable. 2 11/30/2017 S:IFINANCEIBUDGETIBUDGET 171ORDINANCES & CERTIFICATIONSIORD 15 STR 2ND.DOCX December 5, 2017 - Page 122 0 4-14-5: LICENSE TERM: A. A short-term rental license shall expire on December 31 of each calendar year, or when title of the short-term rental property transfers to a new owner, whichever occurs first. Each change in ownership of a short- term rental property shall require a new license. B. An application for renewal of a short-term rental license shall be submitted at least thirty (30) days prior to expiration of the existing license. 4-14-6: LOCAL AGENT REQUIRED: Each owner shall appoint a natural person who is available 24 hours per day, 7 days per week, to serve as the local agent for the short-term rental property. The owner shall notify the Finance Director or designee in writing of the appointment of a local agent within five (5) days of such appointment or modification of any such appointment. 4-14-7: HEALTH AND SAFETY STANDARDS: Each short-term rental property shall comply with all of the following standards, at a minimum, at all times while the property is being leased: 1. Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended. 2. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected, and shall be kept in sound condition and in good repair. 3. Smoke detectors, carbon monoxide detectors and fire extinguishers shall be installed and operable, and all wood -burning fireplaces and stoves shall be cleaned on an annual basis. 4. An operable toilet, sink, and either a bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficiency privacy. 5. There shall be a sufficient number of trash receptacles to accommodate all trash generated by those occupying the short-term rental property, and all receptacles shall comply with Chapter 9 of Title 5 of this Code. 6. Occupancy of a short-term rental property shall comply with Chapter 2 of Title 12 of this Code. 3 11/30/2017 S:IFINANCEIBUDGETIBUDGET 171ORDINANCES & CERTIFICATIONSIORD 15 STR 2ND.DOCX December 5, 2017 - Page 123 0 7. The use of portable outdoor fireplaces is prohibited. 8. Electrical panels shall be clearly labeled. 9. All pets shall be subject to Title 6, Chapter 4 of this Code. 4-14-8: PARKING: Parking shall comply with all applicable provisions of this Code. All vehicles shall be parked in designated parking areas, and parking is prohibited in any landscaped area. 4-14-9: SIGNAGE: An owner shall post a sign conspicuously inside the short-term rental property. The sign shall include the local agent's current contact information, the owner's current contact information, the street address of the short-term rental property and the short-term rental license number. 4-14-10: ADVERTISING: All advertising for a short-term rental property shall include the short-term rental license number, immediately following the description of the short- term rental property. 4-14-11: TAXES: The owner shall collect and remit Town sales and lodging taxes on each short-term rental property. 4-14-12: NOTICE: Any notice required by this Chapter to be given to an owner is sufficient if sent by first-class mail to the address provided by the owner on the most recent license or renewal application. Notice given to the local agent, by first-class mail to the address provided by the owner, shall also be sufficient to satisfy any required notice to the owner under this Chapter. 4-14-13: INITIAL COMPLAINTS: Initial complaints concerning a short-term rental property shall be directed to the local agent. The local agent shall resolve the issue that was the subject of the complaint within sixty (60) minutes, or within thirty (30) minutes if the problem occurs between 11:00 p.m. to 7:00 a.m., including visiting the site if necessary. 4 11/30/2017 S:IFINANCEIBUDGETIBUDGET 171ORDINANCES & CERTIFICATIONSIORD 15 STR 2ND.DOCX December 5, 2017 - Page 124 0 4-14-14: FORMAL COMPLAINTS AND REVOCATION: A. If an initial complaint is not resolved, a formal complaint may be filed with the Town Manager or designee, on forms provided by the Town. The formal complaint shall describe in detail the violation(s) of this Chapter alleged to have occurred on the short-term rental property. Within three (3) days of receipt of such a complaint, the Town shall provide a copy of the formal complaint to the owner. Formal complaints shall be signed by an individual and subject to public inspection; no anonymous formal complaints shall be accepted. B. If there are three (3) or more formal complaints issued for the same short-term rental property within any consecutive twelve-month period, the Town Manager or designee may revoke the license for that short-term rental property upon written notice to the owner. The Town Manager or designee may also revoke any short-term rental license that was issued in error. The Town shall notify an owner, in writing, of any revocation and the reasons therefor. C. The owner may appeal any revocation by filing a written appeal with the Town Manager or designee within ten (10) days of the date of the revocation notice. In the written appeal, the owner shall describe the reason for the appeal, and may request a hearing before the Town Manager or designee. The hearing shall be informal, and may be conducted in person or by telephone, at the discretion of the Town Manager or designee. At the hearing, the owner shall have the opportunity to be heard on the revocation. Within ten (10) days of the hearing, the Town Manager or designee shall either uphold or reverse the revocation, in writing. The decision of the Town Manager or designee shall be final, subject only to review under C.R.C.P. 106(a)(4) by a court of competent jurisdiction. D. For a minimum of two (2) years following revocation of a short-term rental license, the Town shall not accept an application for a new license for the same short-term rental property, unless the ownership of the short- term rental property has transferred and a real estate transfer tax has been paid for such transfer pursuant to Chapter 6 of Title 2 of this Code. Following such two-year period, a new short-term rental license shall only be issued for a short-term rental property within a duplex if the record owner of the adjoining residential dwelling unit consents in writing to the issuance of such license. 4-14-15: VIOLATION AND PENALTY: A. It is unlawful for any owner, local agent or occupant of a short-term rental property to violate any provision of this Chapter or any other applicable provision of this Code. 5 11/30/2017 S:IFINANCEIBUDGETIBUDGET 171ORDINANCES & CERTIFICATIONSIORD 15 STR 2ND.DOCX December 5, 2017 - Page 125 0 B. In addition to any revocation proceedings pursuant to Section 4-14- 13, violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code. Each separate act in violation of this Chapter, and each and every day or portion thereof during which any separate act in violation of this Chapter is committed, continued, or permitted, shall be deemed a separate offense. Any remedies provided for in this Chapter shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Section 2. The definition of "short term rental" contained in Section 4-1-2 of the Vail Town Code and Section 4-1-4.B. of the Vail Town Code are hereby repealed in their entirety. Section 3. 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 4. 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 5. 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 6. Effective Date. This ordinance shall take effect on March 1, 2018. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of November, 2017 and a public hearing for second reading of this Ordinance is set for the 5th day of December, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 6 Dave Chapin, Mayor 11/30/2017 S:IFINANCEIBUDGETIBUDGET 171ORDINANCES & CERTIFICATIONSIORD 15 STR 2ND.DOCX December 5, 2017 - Page 126 0 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of December, 2017. ATTEST: Patty McKenny, Town Clerk 7 Dave Chapin, Mayor 11/30/2017 S:IFINANCEIBUDGETIBUDGET 171ORDINANCES & CERTIFICATIONSIORD 15 STR 2ND.DOCX December 5, 2017 - Page 127 0 TOWN OF VAIL' Short -Term Rental (STR) Self -Compliance Affidavit STR Property Address: Parcel ID: Check One: ❑ Existing STR — TOV License Number: ❑ New STR Is this property a deed restricted affordable housing unit? ❑ Yes ❑ No Is the property subject to a homeowners association or private covenant? ❑ Yes ❑ No If Yes, please select a statement below that applies to the property: o The property is subject to a homeowners association or private covenant and the operation of a short-term rental does not require approval by the homeowners association or covenant beneficiary. ❑ The property is subject to a homeowners association or private covenant and the operation of a short-term rental has been approved by the homeowners association or covenant beneficiary. Is this address a duplex unit? ❑ Yes n No If Yes, does the property have a shared common area that is physically accessed or used by all occupants? ❑ Yes ❑ No If Yes, has written consent been provided by the owner of the adjoining residential unit? ❑ Yes ❑ No (Attach copy of letter of consent from owner of adjoining residential unit ) If No, has written notification been provided to the owner of the adjoining residential unit? ❑ Yes ❑ No (Attach copy of notice sent with proof of mailing to the owner of adjoining residential unit ) Owner's Name: Mailing Address: City: State/Zip: Preferred Telephone: Email: Occupancy: Occupancy limits of 2 per bedroom, plus 2 will be adhered to and appropriately listed in rental advertisements Number of Bedrooms: Total Overnight Occupancy Advertised: December 5, 2017 - Page 128 c The operation of the short-term rental will comply with all town ordinances that apply to a residential dwelling. Smoke detectors are installed outside of each sleeping area, in each room used for sleeping purposes, and on each level of a living area including basements. Carbon monoxide detectors are installed within twenty feet of sleeping areas, within twenty feet of fuel fired appliances (including wood/ gas fireplaces), and within 10 feet of the doorway of an attached garage. Fire extinguishers are located within thirty feet of the kitchen, on each level of a living area, and garage; and is readily available for immediate use. Wood Burning Fireplaces / Stoves - Fireplaces and flues are maintained in accordance with recognized standards and have been inspected and cleaned on an annual basis. Proof of inspection and cleaning are required to be available upon request. Outdoor Fires — Portable outdoor fireplaces are prohibited. Portable electric space heaters shall not be operated within 3 feet of combustible materials and shall not be plugged into extension cords. Space heaters must be plugged directly into outlets. The use of outdoor heating appliances is prohibited on balconies. Outdoor heating appliances shall not be operated beneath or closer than 5 feet to buildings, overhangs, awnings, sunshades or similar combustible attachments Community Impacts: Renters will be informed that on -street parking is not allowed. Adequate parking spaces will be provided for renter's use. Renters will be informed of the noise ordinance. No excessive or unreasonable noise will be permitted at any time. Renters will be informed of trash / recycling regulations and scheduled trash pickup times. Night lighting ordinances will be complied with to reduce exterior light usage after dark. If pets are allowed, renters will be informed of leash laws, pet waste disposal, and barking/noise considerations. Life Safety: The street address, license number, and property contact information is posted conspicuously in the interior of property. Please Note: All statements listed below must be initialed. Failure to initial any question will delay your license issuance. The operation of the short-term rental will comply with the "Good Neighbor Guidelines" and a copy of the guidelines will be provided to the renters in the rental agreement or by posting it in a prominent location within the property. December 5, 2017 - Page 129 c By completing and signing this affidavit I (we) affirm that, under pains and penalties of perjury, that I have inspected this property and that it complies with all applicable laws, and codes. Owner Signature Printed Name Date Owner Signature Subscribed and affirmed before me in the county of State of Colorado, this (Notary's official signature) (Commission Expiration) day of , 2017. Printed Name Date Notary Seal December 5, 2017 - Page 130 c TIJWN OF VAIL' Short -Term Rental Good Neighbor Guidelines The Good Neighbor Guidelines were created to educate short-term rental owners and guests on the beliefs of promoting respect for Vail neighborhoods. Property Contact Information. If at any time you have concerns about your stay or in regards to your neighbors, please call the 24-hour contact number listed in the unit. In the event of an emergency, please call 911. General Respect for Neighbors. Be friendly, courteous, and treat neighbors like you want to be treated. Respect neighbors and their property. Noise. Be considerate of the neighborhood and your neighbor's right to the quiet enjoyment of their home and property, especially after 11 p.m. "5-1-7: NOISE PROHIBITED A. Prohibited Act: The making and creating of an excessive or unusually loud noise at any location in the town heard and measured in a manner hereinafter set forth shall be unlawful except when made under and in compliance with a permit issued ..." Trash & Recycling. Place trash and recycling containers at the appropriate place and time for pickup. Return trash and recycling containers to the designated after pickup. Cigarette butts should be properly extinguished and disposed of properly. "5-9-3: RESIDENTIAL REFUSE DISPOSAL: A. All residential refuse containers which receive "refuse" or attractants as defined by this chapter must be either wildlife resistant refuse containers or wildlife proof refuse containers, or be securely stored within a house, garage or wildlife resistant enclosure at all times. B. Residents with curbside pickup shall place only wildlife resistant refuse containers or wildlife proof refuse containers at the curb, ally, or public right of way at or after six o'clock (6:00) A.M. on the morning of scheduled pick up. After pick up, all containers must be removed from the curb, alley or public right of way by seven o'clock (7:00) P.M. on the same day." December 5, 2017 - Page 131 0 Parking & Traffic Safety. Please park in the designated spaces. Do not park on lawns or in a manner which blocks driveways, sidewalks, alleys or mailboxes. Drive slowly through neighborhoods and watch for pedestrians and children playing. "7-3A-1: PARKING TO OBSTRUCT TRAFFIC: No person shall park any vehicle upon a street or at any other place within this municipality in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance." "7-3B-1: RESTRICTIONS: It is unlawful for any person to park or cause to be parked any vehicle upon any private parking lot or any other private property within the town without consent of the owner or the tenant or the person in possession or control of the private parking lot or the private property." Occupancy. Occupancy is limited within zoning regulations to 2 people per bedroom plus 2 additional. "12-2-2: DEFINITIONS (FAMILY): FAMILY: Family shall be deemed to be either subsection A or B of this definition: B. A group of unrelated persons not to exceed two (2) persons per bedroom plus an additional two (2) persons per dwelling unit used as a single housekeeping unit." Pets. Promptly clean-up after your pets. Prevent excessive and prolonged barking, and keep pets from roaming the neighborhood. Control aggressive pets, and be sure to abide by the local leash laws. Pet food should be stored indoors and in a secure container to reduce the likelihood of encounters with wildlife. Tenant/Guest Responsibility. Approved guests and visitors are expected to follow the Good Neighbor Guidelines. Be sure to read your rental agreement for additional terms and restrictions which may include consequences for violating the Good Neighbor Guidelines. December 5, 2017 - Page 132 0 TOWN ofTL11111) Short -Term Rental (STR) Agent Responsibility and Owner Authorization Check One: ❑ New STR ❑ Existing STR — Change of Property Contact — TOV License Number STR Street Address: Owner's Name: Designated Agent: Name: Address: Phone Number: Email Address: Owner Declaration: Each owner of a short-term rental property shall designate a person to serve as a contact person who has access and authority to assume management of the unit and take remedial measures. The agent shall be available 24 hours a day, 7 days a week to respond to tenant and neighborhood questions or concerns and must have a text -enabled phone. An owner of a short-term rental may designate himself/herself as the agent. Any change of the agent or a modification to their contact information shall be promptly furnished to the town. I am the owner(s) of the subject property and hereby authorize the agent listed above to assume responsibility as the local contact. Owner Signature Agent Responsibility: Printed Name Date As the contact, and due to the language "assume management of the unit and take remedial measures", you are responsible for contacting the renters when you have been notified of a complaint. You may be contacted by the Town of Vail Police Department to secure the property as needed. Therefore, you phone number will be available to police staff, and will be listed under the short term rental license and posted for renters within the interior of the unit. Agent Signature Printed Name Date December 5, 2017 - Page 133 c TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 16, Series 2017, Second Reading, Ordinance providing for the levy assessment and collection of town property taxes due for the 2017 tax year and payable in the 2018 fiscal year. PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 16, Series 2017. BACKGROUND: The town is required by Colorado state law to certify the mil levy by December 15 of each year. STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 16, Series 2017. ATTACHMENTS: Description Miil 2nd reading December 5, 2017 - Page 134 0 TOWN OFD Memorandum TO: Vail Town Council FROM: Finance Department DATE: December 5, 2017 SUBJECT: Mill Levy Ordinance I. SUMMARY Authorization for the collection of property taxes in 2018 II. DISCUSSION You will be asked to approve the attached mill levy ordinance upon second reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2018 based upon 2017 assessed valuations of property within the town's boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mill levy by December 15 of each year. The attached ordinance has been updated from the first reading to reflect revised assessed valuations from the county. The valuations decreased by 0.055% from earlier estimates, or approximately $2,500 impact to revenue projections. 2018 budget for Property tax is $5.1 million. The property tax authorized by the attached ordinance will generate $5.1 million in revenue in 2018, representing approximately 8% of the town's total revenue. December 5, 2017 - Page 135 0 ORDINANCE NO. 16 SERIES OF 2017 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2017 TAX YEAR AND PAYABLE IN THE 2018 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2017 year and payable in the 2018 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2017 fiscal year, the Town Council hereby levies a property tax of 4.694 mills upon each dollar of the total assessed valuation of $1,076,999,160 for the 2017 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,055,757 calculated as follows: Base mill levy 4.690 $5,051,126 Abatement levy 0 .004 4,631 Total mill levy 4.694 $5,055,757 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. 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. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 16, Series of 2017 December 5, 2017 - Page 136 0 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 21st day of November, 2017. A public hearing shall be held hereon at 6 P.M. on the 5th day of December, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th day of December 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance 16, Series of 2017 December 5, 2017 - Page 137 0 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 21, Series of 2017, First Reading, Ordinance Repealing and Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, Setting Forth Details in Regard Thereto PRESENTER(S): Matt Panfil, Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, deny, or continue the public hearing on Ordinance No. 21, Series of 2017 to December 19, 2017. BACKGROUND: This is a request for a major amendment to Special Development District No. 36, Four Seasons Resort to allow for the reconfiguration of existing accommodation units (AUs), fractional fee units (FFUs), and dwelling units (DUs). The reconfiguration will result in an increase of eight (8) AUs (12) DUs, eighteen (18) attached accommodation units (AAUs/lockoffs), and a reduction of thirteen (13) unsold FFUs. STAFF RECOMMENDATION: On September 11, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a major amendment to Special Development District No. 36, in accordance with the requirements of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 6-0-0 to forward a recommendation of approval to the Vail Town Council. A copy of the PEC meetings results have been included n the packet of materials. The Community Development Department recommends the Vail Town Council opens the public hearing on this request, listens to the staff and applicant presentations, asks questions of the staff and applicant and then continues this public hearing to December 19, 2017 for first reading. ATTACHMENTS: Description Staff Memo to Town Council Attachment A - Vicinity Map Attachment B - Draft Ord. No. 21, Series of 2017 Attachment C - PEC Memo & Plan Set Attachment D - PEC Minutes 091117 Attachment E - Project Narrative Attachment F - Ord. No. 20, Series of 2005 December 5, 2017 - Page 138 0 TawIll OF VAIL Memorandum TO: Vail Town Council FROM: Community Development Department DATE: December 5, 2017 SUBJECT: First reading of Ordinance No. 21, Series of 2017, an ordinance repealing and reenacting Ordinance No. 20, Series of 2005, providing for a major amendment to Special Development District No. 36, Four Seasons Resort, in accordance with Chapter 12-9A, Special Development (SDD) District, Vail Town Code, to allow for the reconfiguration of existing accommodation units (AUs), fractional fee units (FFUs), and dwelling units (DUs), located at 1 Vail Road / Lots A -C, Vail Village Filing 2 (Four Seasons Resort), and setting forth details in regard thereto (PEC17-0038). Applicant: Four Seasons Resort, represented by Braun Associates, Inc. Planner: Matt Panfil I. SUMMARY The applicant, Four Seasons Resort, represented by Braun Associates, Inc., is requesting a first reading of Ordinance No. 21, Series of 2017, an ordinance repealing and reenacting Ordinance No. 20, Series of 2005, providing for a major amendment to Special Development District No. 36, Four Seasons Resort, in accordance with Chapter 12-9A, Special Development (SDD) District, Vail Town Code, to allow for the reconfiguration of existing accommodation units (AUs), fractional fee units (FFUs), and dwelling units (DUs), located at 1 Vail Road. On September 11, 2017, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to the requirement of Section 12-9A, Special Development (SDD) District, Vail Town Code. At the conclusion of the public hearing, the PEC voted 6-0-0 to forward a recommendation of approval, with conditions, to the Vail Town Council. December 5, 2017 - Page 139 0 II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 21, Series of 2017, upon first reading. III. BACKGROUND The subject property was once occupied by a 120 room Holiday Inn hotel and a gas station. Ordinance No. 14, Series of 2001 established SDD No. 36, Four Seasons. SDD No. 36, Four Seasons, was subsequently amended to alter the unit mix in 2003 (Ordinance No. 9, Series of 2003) and 2005 (Ordinance No. 20, Series of 2005). The changes that occurred throughout this process are as follows: The property was developed prior to the Town of Vail codifying EHU requirements. The developer at the time included EHUs as part of a public benefit for an SDD. The quantity of EHUs in 2001 was established in overall square footage rather than in number of units. Though approved in 2001, construction did not begin until 2006 and the project did not open as the Four Seasons until 2010. While there have been changes to the internal programming of the building, no other significant changes have been made to the resort since its opening. After purchasing the subject property in November 2016, the applicant established new goals in order to operate the Four Seasons more efficiently and effectively. Said goals include: • Increasing the number of standard sized hotel rooms / AUs; • Reducing the number of suites; • Repurposing thirteen (13) FFUs that remain unsold since the building's construction; • Creating additional for -sale real estate; and • Providing an incentivized rental program via the addition of attached accommodation units (AAUs) / "lock -offs." Town of Vail Page 2 December 5, 2017 - Page 140 0 2001 2003 2005 AUs 116 118 122 DUs 15 18 16 FFUs 40 22 19 EHUs* 4,971 SF 34 28 Total Units 171 + EHUs 192 185 The property was developed prior to the Town of Vail codifying EHU requirements. The developer at the time included EHUs as part of a public benefit for an SDD. The quantity of EHUs in 2001 was established in overall square footage rather than in number of units. Though approved in 2001, construction did not begin until 2006 and the project did not open as the Four Seasons until 2010. While there have been changes to the internal programming of the building, no other significant changes have been made to the resort since its opening. After purchasing the subject property in November 2016, the applicant established new goals in order to operate the Four Seasons more efficiently and effectively. Said goals include: • Increasing the number of standard sized hotel rooms / AUs; • Reducing the number of suites; • Repurposing thirteen (13) FFUs that remain unsold since the building's construction; • Creating additional for -sale real estate; and • Providing an incentivized rental program via the addition of attached accommodation units (AAUs) / "lock -offs." Town of Vail Page 2 December 5, 2017 - Page 140 0 In order to achieve these goals, the applicant proposes the following changes to the existing unit mix: Existing Unit Mix Proposed Unit Mix Net Change 122 AUs 130 AUs +8 AUs 16 DUs 28 Dwelling Units (with 18 AAUs) +12 DUs / + 18 AAUs 19 FFUs 6 FFUs -13 FFUs 28 EHU 28 EHU --- The applicant has deemed it necessary to repurpose the thirteen (13) FFUs for two (2) primary reasons: • The project was approved in 2001, but did not open as the Four Seasons until 2010. The applicant states that the luxury lodging industry changed significantly over this time period and FFUs have fallen out of favor with the market. • The property was owned and operated by a bank between 2011 and November 2016, when the applicant purchased the property. As the applicant states, financial institutions are not well suited to operate luxury properties and there was a lack of a long-term vision for the property. The applicant has deemed it necessary to decrease the number of suites and increase the number of standard -sized AUs based on a comparison to industry standards. Currently, 28% of the Four Seasons' rooms are suites, compared to 4-9% at resorts such as the Park Hyatt in Beaver Creek, Ritz-Carlton Bachelor Gulch, and the Sonnenalp in Vail. As all of the conversions occur within the existing structure; there are no changes to development standards such as setbacks, building height, site coverage, and landscaping. The resulting unit mix also does not result in any new gross residential floor area (GRFA), thus no inclusionary zoning fees apply. However, the proposed change to the unit mix of the resort does impact two (2) specific regulations: parking and commercial linkage. Parking: The existing SDD (Ord. No. 20, Series of 2005) requires a minimum of 211 parking spaces. Currently, the Four Seasons has a total of 215 parking spaces, which are all managed by a 24-hour concierge service. As demonstrated by the applicant on page nine to ten of the project narrative (Attachment B), the reconfiguration of units results in a requirement for 19 additional parking spaces. The applicant is unable to create new space for parking, but has managed to provide an additional 20 parking spaces by restriping some of the standard -sized vehicle parking spaces to compact -sized vehicle parking spaces. Commercial Linkage: Section 12-23-4, Redevelopment, Vail Town Code, specifies that commercial linkage fees apply for any increase in the number of accommodation units in the Town of Vail Page 3 December 5, 2017 - Page 141 0 redevelopment. In order to calculate the applicable commercial linkage fees, the employee generation and mitigation rates must be identified for each conversion of DUs or FFUs into new AUs: • The conversion of four (4) FFUs to sixteen (16) AUs results in a net increase of sixteen (16) AUs: 16 x 0.7 = 11.2 employees Per Section 12-23-2, Employee Generation and Mitigation Rates, a commercial redevelopment shall mitigate its impact on employee housing by providing EHUs for 20% of the employees generated: 11.2 employees x 0.2 = 2.24 employees As the applicant mention in the narrative (page 11, Attachment B), four (4) FFUs are lost in the conversion and their associated employee housing impact should be deducted. This is difficult as the employee housing mitigation associated with FFUs is determined by the inclusionary zoning formula, which is based on square feet, not employees generated. While comparing the employee housing impact for AUs versus FFUs is essentially comparing apples to oranges, the applicant has provided an analysis that is logical in its approach: o Employee housing impact for FFUs is based on square footage. The square footage of the four (4) FFUs lost in the conversion to AUs totals 10,312 square feet. o Section 12-24-2, Employee Housing Requirements, Vail Town Code, requires a mitigation rate of ten percent (10%) of the total new GRFA. Therefore, in this analysis, the applicant would be responsible for mitigating 1,031.2 square feet. o Section 12-24-3, Building Requirements, Vail Town Code, establishes a minimum square footage for different types of EHUs. The smallest type of unit, dormitories, requires a minimum 250 square feet of GRFA. o If the 1,031.2 square feet is divided into dormitory space, the result would be four (4) dormitory units required as mitigation for the four (4) FFUs. At a minimum, the four (4) dormitory units would house four (4) employees. o The number of employees generated by the sixteen (16) new AUs (2.24) is less than that required by the previously existing four (4) FFUs, which, by comparison, generated a minimum of four (4) employees. There is therefore no net increase, but an actual decrease in 1.48 employees generated by the conversion of four (4) FFUs to sixteen (16) AUs. Therefore, the applicant believes there is no mitigation necessary. Town of Vail Page 4 December 5, 2017 - Page 142 0 • The conversion of two (2) AU suites to four (4) standard AUs results in a net increase of two (2) AUs. Per Table 23-1, Employee Generation Rates by Type of Commercial Use, the employee generation rate for AUs is 0.7 employee per net new units: 2 x 0.7 = 1.4 employees 1.4 x 0.2 = 0.28 employees As the total number of employees generated is less than one, the applicant may provide a payment of fees in lieu of providing on-site employee housing: 0.28 employees x $177,733 (fee per employee generated) = $49,765.24 Instead, the applicant has voluntarily proposed to purchase and place a deed restriction on a two-bedroom DU in excess of 788 square feet. By comparison, a 788 square foot two-bedroom DU could accommodate 2.25 employees, per Section 12-23-3, Size and Building Requirements, Vail Town Code. Therefore, the proposed employee housing mitigation is 1.97 employees more than required. The Town of Vail has a history of utilizing the SDD process as a means to amend the densities and unit mixes within lodges. For example, SDD No. 17, Ramshorn Lodge Condominiums, SDD No. 19, Garden of the Gods / Galatyn Lodge, and SDD No. 28, Christiania at Vail have all requested, and received approval of, similar major amendments. However, the applicant's request is unique in that it uncovered an inherent contradiction within the Vail Town Code. The definition of fractional fee unit has always considered FFUs as individual dwelling units. Moreover, the definition of residential development within the Vail Town Code includes FFUs, while the definition of commercial development includes accommodation units (AUs). This became problematic with the adoption of Ordinance No. 23, Series of 1999, which grouped FFUs (a residential product) and AUs (a commercial product) together in regards to square footage calculations. Based on research of Ordinance No. 23, Series of 1999, a major reason for grouping FFUs and AUs together in square footage calculations was to incentivize the creation of more FFUs as they were considered one of the preferred lodging/residential types and resort projects with FFUs were more likely to receive development financing than strictly AU resort projects. Unfortunately for FFUs, the market has almost completely dissipated, and the subject property contains thirteen (13) FFUs that remain unsold since the building's construction. Therefore, staff asks that the Town Council consider directing staff to further research the impact of a diminished FFU market in relation to existing regulations and the need for any prescribed regulations amendments. Town of Vail Page 5 December 5, 2017 - Page 143 0 IV. ZONING / SDD NO. 36 ANALYSIS Address: Legal Description: Existing Zoning: Existing Land Use Designation: Mapped Geological Hazards: View Corridor: 1 Vail Road Vail Village Filing 2, Lot A - C Public Accommodation (PA) Resort Accommodations and Services Streep Slope > 40% (Man -Made) None Development Standard Allowed / Required Existing Proposed Change Site Area 10,000 SF 2.32 acres (101,140 SF) No Change Setbacks As set forth in the Approved Development Plan referenced in Section 4 of Ord. No. 20, Series of 2005, Four Seasons SDD No Change Building Height 89' N/A No Change Density AUs: 122 DUs: 16 FFUs: 19 EHUs: 28 AUs: 130 DUs: 28 (+18 AAUs) FFUs: 6 EHUs: 28 AUs: +8 DUs: +12 (+18 AAUs) FFUs: - 13 EHUs: No Change GRFA 177,609 SF No Change Retail SF 2,386 SF No Change Restaurant SF 5,946 SF No Change Conference SF 11,139 SF No Change Health Club 18,577 SF No Change Site Coverage 85,091 SF (71%)0(Below Grade) 70,150 SF (59%) (Above Grade) No Change Landscaping 35,268 SF (30%) No Change Parking & Loading 230 Spaces 215 Spaces 235 Spaces + 20 Spaces V. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 21, Series of 2017, upon first reading, the Planning and Environmental Commission recommends the Town Council passes the following motion: "The Vail Town Council approves on first reading Ordinance No. 21, Series of 2017, an ordinance repealing and reenacting Ordinance No. 20, Series of 2005, establishing Special Development District No. 36, Four Seasons Resort, pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 21, Series of 2017, upon first reading, the Planning and Environmental Commission recommends the Town Council include the following conditions: 1. "The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail Town of Vail Page 6 December 5, 2017 - Page 144 0 approval of an associated design review board application for all exterior changes to the property; 2. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall record with the Eagle County Clerk and Recorder a Town of Vail employee housing deed restriction for a minimum two-bedroom dwelling unit of at least 788 square feet, located within the Town of Vail; 3. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of Vail a traffic mitigation fee, the amount of which is yet to be determined, per net new P.M. peak hour vehicular trip. Should the Vail Town Council choose to approve Ordinance No. 21, Series of 2017, upon first reading, the Planning and Environmental Commission recommends the Town Council makes the following findings: 1. That the SDD complies with the standards listed in Section 12 -9A -8-A, Vail Town Code, or the applicant has demonstrated that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 2. That the SDD is consistent with the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VI. ATTACHMENTS A. Vicinity Map B. Draft Ordinance No. 21, Series of 2017 C. PEC Memorandum, with Plan Set, dated September 11, 2017 D. Record of approved PEC minutes, dated September 11, 2017 E. Project Narrative, dated July, 2017 F. Ordinance No. 20, Series of 2005 Town of Vail Page 7 December 5, 2017 - Page 145 0 1 Vail Road - SDD No. 36, Four Seasons Vail Village Filing 2, Lots A -C e I LJ I Feet 0 25 50 100 This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only The Town of Vail does not warrant the accuracy of the Information contained herein. (where shown, parcel line work is approximate) December 5, 2017 - Page 146 of 567 Last Modified: <DATE> TOWN OF VAL. ORDINANCE NO. 21 SERIES OF 2017 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 20, SERIES OF 2005, PROVIDING FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, 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; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Ordinance No. 20, Series of 2005, reestablished Special Development District No. 36, Four Seasons Resort; WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth in Section 12-9A-10, Vail Town Code; WHEREAS, the Planning and Environmental Commission of the Town held a public hearing on September 11, 2017 to consider the proposed amendments in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval to the Council by a vote of 6-0-0; WHEREAS, the Council finds that the proposed amendments to Special Development District No. 36, Four Seasons Resort, comply with the design criteria outlined in Section 12-9A-8, Vail Town Code; WHEREAS, the Council finds that the Special Development District amendments comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; WHEREAS, the Council finds that the Special Development District amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; WHEREAS, the Council finds that the Special Development District amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; Ordinance No. 21, Series of 2017 1 December 5, 2017 - Page 147 0 WHEREAS, the Council finds that the Special Development District amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, the approval of these Special Development District amendments, and the development standards in regard thereto, shall not establish a precedent or entitlements elsewhere within the Town; WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 20, Series of 2005, is hereby repealed and reenacted as follows: (all additions are illustrated with bold italics, deletions are illustrated with strikethrough): Section 1. Purpose of the Ordinance The purpose of Ordinance No. 20 21, Series of 2005 2017, is to amend an Approved Development Plan for Special Development District No. 36 Four Seasons Resort, and to prescribe appropriate development standards for Special Development District No. 36, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District No. 36 shall remain Public Accommodation zone district. Section 2. Establishment Procedures Fulfilled, Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 36, Four Seasons Resort. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 36 The Special Development District is hereby amended 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 recreation Ordinance No. 21, Series of 2017 2 December 5, 2017 - Page 148 0 amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 36, Four Seasons Resort, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards — Special Development District No. 36, Four Seasons Resort Development Plan The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials provided by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of Vail, dated August 8, 2005 and the plans provided by Braun Associates, dated July, 2017: a. 01. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan c. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan e. C6. Shall Utility Plan f. A-2.0.1 Level 1 Plan (132') g. A-2.0.2 Level 2 Plan (140', 142') h. A-2.0.3 Level 3 Plan (152') i. A-2.0.4 Level 4 Plan (162') j. A-2.0.5 Level 5 Plan (172') k. A-2.0.6 Level 6 Plan (182') I. A-2.0.7 Level 7 Plan (192') m. A-2.0.8 Level 8 Plan (202') n. A-2.0.9 Level 9 Plan (212') o. A-2.0.10 Level 10 Plan (222') p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations s. A-5.0.3 Elevations t. A-8.0.1 Site Plan North u. A-8.0.2 Site Plan South v. A-9.0.1 Landscape Plan North w. A-9.0.2 Landscape Plan South x. A-10.0.1 Building Height Calculations — Absolute Height/Interpolated Contours y. A-10.0.2 Building Height Calculations — Maximum Height/Interpolated Contours z. A-10.0.3 Building Height Calculations at Proposed Grades Ordinance No. 21, Series of 2017 3 December 5, 2017 - Page 149 0 aa. A-11.0.1 Existing Circulations bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off-site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations ii. Level 1- Existing and Proposed Condition jj. Level 2 - Existing and Proposed Condition kk. Level - Existing and Proposed Condition 11. Level - Existing and Proposed Condition mm. Level - Existing and Proposed Condition nn. Level 6 - Existing and Proposed Condition oo. Level 7 - Existing and Proposed Condition pp. Level 8 - Existing and Proposed Condition qq. Level 9 - Existing and Proposed Condition rr. Level 10 - Existing and Proposed Condition ss. Level 1 and Level 2 - Existing Parking tt. Level 1 and Level 2 - Proposed Parking Permitted Uses — The permitted uses in Special Development District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Use — The conditional uses for Special Development District No. 36, Four Seasons Resort, shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density — Units per Acre — Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units — The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units — 16 28 Accommodation Units — 122 130 Fractional Fee Club Units — 49 6 Type III Employee Housing Units — 28 Attached Accommodation Units - 18 Ordinance No. 21, Series of 2017 4 December 5, 2017 - Page 150 0 Density — Floor Area — The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specifically: GRFA — 177,609 square feet Retail — 2,386 square feet Restaurant/Lounge — 5,946 square feet (seating capacity) Conference Facilities — 11,139 square feet Health Club and Spa — 18,577 square feet Setbacks — Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height — The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet maximum). Site Coverage — The maximum site coverage allowed for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or 71 %). Landscaping — The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (35,268 square feet or 30%). Ordinance No. 21, Series of 2017 5 December 5, 2017 - Page 151 0 Parking and Loading — The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (211 230 spaces required, 215 235 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Approval Agreements for Special Development District No. 36, Four Seasons Resort The approval Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: 1. That the developer shall provide deed -restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 56 employees on the Four Seasons Resort site, and that said deed -restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2 of first reading of Ordinance No. 20, Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. Ordinance No. 21, Series of 2017 6 December 5, 2017 - Page 152 0 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 9. That the required Type III deed -restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. Ordinance No. 21, Series of 2017 7 December 5, 2017 - Page 153 0 All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non -adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, storm -water discharge, etc.) prior to issuance of a building permit. 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. Ordinance No. 21, Series of 2017 8 December 5, 2017 - Page 154 0 20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development, and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design -related issues for final Design Review Board review and approval: a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. b. The cross -slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. c. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd -West Meadow Drive path Ordinance No. 21, Series of 2017 9 December 5, 2017 - Page 155 0 reads as 185.S?(Typo). k. Railings shall be provided for paths where necessary. Show edge of existing pavement for Frontage road on civil plans and show match point. m. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. p. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 25. That the developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. 26. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property. 27. Prior to issuance of any certificate of occupancy for any unit associated with the altering of the unit mix and/or unit count in the subject property, the applicant shall cause an offsite Town of Vail deed restriction to be recorded with the Eagle County Clerk and Recorder for an employee housing unit, with a minimum of two - bedrooms and 788 square feet, located within the Town of Vail. 28. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of Vail a traffic mitigation fee, in the amount of $11,200 per net new P.M. peak hour vehicular trip. Ordinance No. 21, Series of 2017 10 December 5, 2017 - Page 156 0 Section 6. 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 7. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 2. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 4. The repeal or the repeal and reenactment of any provisions of Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 21, Series of 2017 11 December 5, 2017 - Page 157 0 Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby 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, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2017 and a public hearing for second reading of this Ordinance set for the 19th day of December, 2017, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in full this 19th day of December, 2017. ATTEST: Patty McKenny, Town Clerk Ordinance No. 21, Series of 2017 12 Dave Chapin, Mayor December 5, 2017 - Page 158 0 • Exhibit A: TOWN OF VAIL MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into on the 3rd day of January, 2006, by and between VAIL DEVELOPMENT LLC., a Minnesota corporation and the TOWN OF VAIL a Municipal corporation, situated in the County of Eagle, State of Colorado. WHEREAS, Vail Development LLC is planning the development and construction of a mixed use project consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee housing units and related facilities at 28 South Frontage Road and 13 Vail Road, Vail Colorado (Lots 9A and 9C, Vail Village 2nd Filing) currently and commonly known as the Chateau at Vail hotel and the Alpine Standard/Amoco gasoline station; 0WHEREAS, in connection with its proposed mixed use development Vail Development C, is requesting from the Town of Vail certain entitlements pursuant to its applications for a major amendment to Special Development District No. 36, a conditional use permit for Type III Employee Housing Units, a conditional use permit for a Fractional Fee Club and a rezoning of Lot 9A, Vail Village 2"4 Filing; WHEREAS, in connection with the applications and requested entitlements, Vail Development, LLC, is required by the Town of Vail to make certain off-site/public improvements (as specifically set forth in detail below) along South Frontage Road and West Meadow Drive consistent with the Town of Vail Streetscape Master Plan, as amended; WHEREAS, as a condition to the second reading of Ordinance No. 20, Series of 2005, the parties are required to enter into this Memorandum of Understanding setting forth the • December 5, 2017 - P. ge 159 of • responsibilities, obligations and requirements of the parties in connection with said offsite/public improvements to be performed by Vail Development, LLC, NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: I. DEFINITIONS 1. When used in this Memorandum of Understanding, the following terms shall have the following meanings unless otherwise specifically defined. The singular shall include the plural and the masculine gender shall include the feminine and the neuter unless otherwise required by the context. "Improvements" shall mean those off-site/public improvements as specifically defined in Section III below. "MOU" shall mean this Memorandum of Understanding agreement and all exhibits annexed hereto. "Vail Development" shall mean Vail Development, LLC, a Minnesota corporation, whose address is 600 Foshay Tower, 821 Marquette Avenue South, Minneapolis, Minnesota 55402; Attention: Thomas J, Brink "Parties" shall mean both Vail Development and Town of Vail. "Project" shall mean the mixed use project being planned by Vail Development and consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee housing units and related facilities to be located at the Property, which mixed use project is the subject of Ordinance No. 20, Series 2005. December 5, 2017 - Page 160 0 • • "Property" shall mean those properties commonly known as the Alpine Standard/Amoco gasoline station and the Chateau at Vail hotel, located respectively at 28 South Frontage Road and 13 Vail Road, Vail Colorado - Lots 9A and 9C, Vail Village 2' Filing. "Town of Vail" shall mean the Town of Vail, a municipal corporation, whose address is 75 South Frontage Road, Vail Colorado 81657; Attention: II. PURPOSE 2. The express purpose of this MOU is to establish the mutual responsibilities, obligations and requirements of the Parties hereto regarding the Improvements to be performed by Nicollet in connection with Vail Development's entitlements and Project. These Improvements are required to be made by Vail Development based upon the design and functionality of the Project or as specifically required by the Town of Vail in connection with Vail Development's entitlements. III. VAIL DEVELOPMENT'S OBLIGATIONS 3. Vail Development shall be responsible, at its sole cost and expense, except as specifically provided herein, to complete and perform the following (collectively, the "Improvements") in connection with the Project: (a) South Frontage Road. Vail Development shall perform the following improvements along the South Frontage Road, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) widen the south side of South Frontage Road and install a left turn lane in South Frontage Road to the entrance of the hotel and a corresponding left turn lane to the entrance of the existing Town of Vail Police Station; (ii) install medians in South Frontage Road from the main roundabout to the western lot line of the OScorpio Condominium property; (iii) provide all landscaping and lighting within the December 5, 2017 - Pag • • proposed South Frontage Road median to be constructed by Vail Development; (iv) install an attached heated paver sidewalk/walkway (6 to 8 feet wide) adjacent to the South Frontage Road from the bus stop adjacent to the Weststar Bank east along the Scorpio Condominium property and the Property to Vail Road including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary; (v) relocate the fire hydrant adjacent South Frontage Road; (vi) - - --t ---p --- -- ---,� , \ � - �-.� ..�� u, w asia� adjacent Vlli to South Frontage V11tGL�N 1\V QLL, and `V 1J pavement overlay from the centerline of South Frontage Road to the property line of the Property from the main roundabout west to the bus stop adjacent to the Weststar Bank (subject to timing and coordination of the CDOT overlay project that will be at CDOT's sole cost and expense). (b) Vail Road. Vail Development shall perform the following improvements along the Vail Road, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) install an attached heated paver sidewalk/walkway (6 to 8 feet wide) adjacent to Vail Road from the South Frontage Road south along the Property to 9 Vail Road property, including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary; (ii) relocate the Spraddle creek piping and install new box culverts; and (iii) pavement overlay from the centerline of Vail Road to the property line of the Property from the main roundabout (South Frontage Road) south to the property line of 9 Vail Road. along West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, (c) West Meadow Drive. Vail Development shall perform the following state and local laws, statutes, ordinances and regulations: (i) install an attached heated paver December 5, 2017 - Page 162 0 Valk/walkway (6 to 14 feet wide, or as required by the final approved Town of Vail Streetscape Master Plan for West Meadow Drive) adjacent to West Meadow Drive from the western most side of Mayors' Park west along the 9 Vail Road property and the Property to the western most property line of the Property, including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary and to match, and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive; (ii) all design improvements along West Meadow Drive from the centerline of the right-of-way to the property line of the Property and the 9 Vail Road property from the western most side of Mayors' park west to the western most property line of the Property (specifically including any drainage and grade tie-ins necessary beyond the western most property line of the Property), including all drainage, lighting, art, streetscape enhancements, utility relocation, edge treatments, curb and gutter aeandscaping as necessary and to match and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive. (d) Pedestrian Walkway. Vail Development shall perform the following improvements along the western property line of the Property from the South Frontage Road to West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) design and install an attached heated pedestrian sidewalk/walkway along the western property line of the Property from the South Frontage Road south to West Meadow Drive, including all lighting retaining walls, railings, utility relocation, drainage and landscaping as necessary. (e) Spraddle Creek. Vail Development shall perform the following improvements in connection with Spraddle Creek, using new and first class materials, as approved by twn of December 5, 2017 - Page 163 of • • • Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations. (i) relocate the Spraddle creek piping and install new box culverts, as necessary. IV. EASEMENTS 4. Vail Development shall be responsible, at its sole cost and expense, to prepare and submit all applicable roadway, drainage, and pedestrian easements for dedication in connection with the Project or the Improvements to the Town of Vail for review and approval by the Town of Vail, Town Attorney and all such easements shall be filed and recorded with the Eagle County Clerk and Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Property. V. TOWN OF VAIL'S OBLIGATIONS 5. Once the Improvements have been completed by Nicollet and accepted by the Town of Vail, the Town of Vail shall be responsible for all maintenance, upkeep, watering, mowing, trimming, weed control, snow removal, debris removal, repair and replacement of any and all Improvements located in a public right of way or in a public easement, including any and all cost and expenses associated directly or indirectly therewith (except the Town of Vail shall have no obligation to heat or repair the heat for the sidewalks) and Vail Development shall have no continuing or further obligations or responsibilities in connection therewith. VL FINANCIAL GUARANTEE REOUIREMENTS 6. Nicollet shall provide and post with the Town of Vail a Bond in the total amount of One Hundred Fifty Percent (150%) of the total cost of the Improvements (as mutually determined and agreed to by and between Vail Development and the Town of Vail), to provide financial security to the Town of Vail and to assure the completion of the Improvements by Vail Development. The December 5, 2017 - Page 164 0 *Bond shall be provided and posted with the Town of Vail prior to the issuance of a building permit for the Project. VII. MISCELLANEOUS PROVISIONS 7.1 Amendments. This MOU and all documents and instruments executed in connection herewith may be amended, modified or supplemented only by a written instrument, executed by the party against which enforcement thereof may be sought. 7.2 Binding, Effect. This MOU shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. The obligations assumed and agreed to be performed by each party hereunder with respect to the Property shall be binding upon such, party and their respective successors, assigns and transferees. The covenants of the Parties contained herein are intended by the parties to be covenants which run with the land under applicable law. Vail Development, LLC, agrees to make any transfer of any interest in the Property subject to the •obligations contained in this MOU. 7.3 Colorado Law. This MOU shall be construed and enforced In accordance with the laws of the State of Colorado. 7.4 Time of Essence. Time is of the essence of this MOU. In the event the provisions of this MOU require any act to be done or action to be taken hereunder on a date which is a Saturday, Sunday or legal holiday, such act or action shall be deemed to have been validly done or taken if done or take on the next succeeding day which is not a Saturday, Sunday or legal holiday. 7.5 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute a separate document but all of which together shall constitute one and the same • December 5, 2017 - Page 165 0 •reement. Signature and acknowledgment pages may be detached and reattached to physically form one document. 7.6 Attorneys' Fees. If legal action is commenced in connection with the enforcement, interpretation, or breach of any provision of this MOU, the Court as part of its judgment shall award reasonable attorneys' fees and costs to the prevailing party. 7.7 Invalidity of Certain Provisions. Every provision of this MOU is intended to be several. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 7.8 Entire Agreement. This MOU and the documents referenced herein set forth all the covenants, promises, agreements, conditions and understandings among the Parties concerning the onubject matter hereof and there are no covenants, promises, agreements, conditions or derstandings, either oral or written, between them other than as are herein set forth. All negotiations and oral agreements acceptable to both parties have been merged into and are included herein, it being understood that this MOU supersedes and cancels any and all previous negotiations, arrangements, understandings and representations and none thereof shall be used to interpret or construe this MOU. 7.9 Notices. All notices, certificates or other communications required to be given to the Town of Vail or Vail Development, LLC, hereunder shall be sufficiently given and shall be deemed given when delivered, or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: • December 5, 2017 - Page 166 of • • If to the Town of Vail; Town of Vail c/o 75 South Frontage Road Vail, Colorado 81657 If to Vail Development, LLC: Vail Development LLC, c/o Thomas J. Brink 600 Foshay Tower 821 Marquette Avenue South Minneapolis, Minnesota 55402 7.10 No Third Party Beneficiary. This MOU and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 7.11 Indemnification. Vail Development, LLC, agrees to indemnify and hold the Town of Vail harmless against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees, which the Town of Vail may hereafter sustain, incur or be required to pay by reason of any negligent act or omission or intentional act of Nicollet, its agents, officers, employees, contractors, or subcontractors, which is incurred in connection with or is of any nature whatsoever arising out of the construction or the installation of the Improvements which Nicollet is required to perform under the terms of this MOU. 7.12 Termination. So long as the Town of Vail approval, for the Special Development District No. 36 - Four Seasons Resort remains valid and has not terminated by passage of time or otherwise, this MOU may not be terminated, in whole or in part, without the mutual written consent of the Parties Hereto December 5, 2017 - Pag • above. WHEREFORE, the Parties hereto have executed this MOU as of the date first set forth STATE OF MINNESOTA VAIL DEVELOPMENT, LLC By: Thomas J. Brink Its: Vice President & General Counsel TOWN OF VAIL By: I t s ss ACKNOWLEDGMENT BY VAIL DEVELOPMENT, LLC December 5, 2017 - Page 168 0 •0UNTY OF HENNEPIN This instrument was acknowledged on the day of , 2006, before me a notary within and for said County by Thomas J. Brink, the Vice President and General Counsel of Vail Development, LLC, a Minnesota corporation, on behalf of the corporation. Notary Public December 5, 2017 - Page 169 • STATE OF COLORADO ) ss ACKNOWLEDGMENT BY TOWN OF VAIL COUNTY OF EAGLE On the day of said County, personally appeared known and by me duly sworn, the , 2006, before me a notary public within and for to me personally of the Town of Vail, a municipality named in the foregoing instrument and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its acknowledged said instrument to be the free act and deed of said municipality. w 1 December 5, 2017 - Page 170 TOWN OF VAIL' Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 11, 2017 SUBJECT: A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, located at 1 Vail Road/Lots A -C, Vail Village Filing 2 (Four Seasons Resort), and setting forth details in regard thereto. (PEC17-0038) Applicant: Four Seasons, represented by Braun Associates, Inc. Planner: Matt Panfil I. SUMMARY The applicant, Four Seasons, represented by Braun Associates, Inc., is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District (SDD) No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the reconfiguration of existing accommodations units (AUs), fractional fee units (FFUs), and dwelling units (DUs), located at 1 Vail Road. 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 (PEC) forward a recommendation of approval of the major amendment to SDD No. 36, Four Seasons, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Four Seasons, represented by Braun Associates, Inc., is requesting a major amendment to SDD No. 36, Four Seasons (Ord. No. 20, Series of 2005), in order to change the unit mix within the resort. Per Section 12-2-2, Vail Town Code, the definition of special development district, major amendment includes any proposal to December 5, 2017 - Page 171 0 change the number of DUs or AUs. In addition to the change in the unit mix, the applicant is also proposing renovations to the resort including upgrading of common areas and guest rooms and minor exterior alterations such as new windows, deck improvements, and sidewall flues for new fireplaces. Said renovations will require a Town of Vail Design Review Board (DRB) application, but are not germane to this major amendment request. In order to operate most efficiently and effectively, the applicant has established the following goals • Increase the number of standard sized hotel rooms / AUs; • Reduce the number of suites; • Repurpose thirteen (13) FFUs that remain unsold since the building's construction; • Create additional for -sale real estate; and • Provide an incentivized rental program via the addition of attached accommodation units (AAUs) / "lock -offs." In order to achieve these goals, the applicant proposes the following changes to the existing unit mix: Existing Unit Mix Proposed Unit Mix Net Change 122 AUs 130 AUs +8 AUs 16 DUs 28 Dwelling Units (with 18 AAUs) +12 DUs / + 18 AAUs 19 FFUs 6 FFUs -13 FFUs 28 EHU 28 EHU --- The applicant has deemed it necessary to repurpose the thirteen (13) FFUs for two (2) primary reasons: • The project was approved in 2001, but did not open as the Four Seasons until 2010. The applicant states that the luxury lodging industry changed significantly over this time period and fractional fee units had fallen out of favor with the market. • The property was owned and operated by a bank between 2011 until the applicant purchased the property in November, 2016. As the applicant states, financial institutions are not well suited to operate luxury properties and there was a lack of a long-term vision for the property. The applicant has deemed it necessary to decrease the number of suites and increase the number of standard -sized AUs based on a comparison to the industry standards. Town of Vail Page 2 December 5, 2017 - Page 172 0 Currently, 28% of the Four Seasons' rooms are suites, compared to 4-9% at resorts such as the Park Hyatt in Beaver Creek, Ritz-Carlton Bachelor Gulch, and the Sonnenalp. In regards to creating the proposed unit mix, the applicant proposes the following: • Convert three (3) suites to three (3) DUs. The three (3) DUs will include eight (8) AAUs; • Convert nine (9) FFUs to nine (9) DUs. The nine (9) DUs will include ten (10) AAUs; • Convert four (4) FFUs to sixteen (16) AUs; and • Convert two (2) suites to four (4) AUs. As all of the conversions occur within the existing structure; there are no changes to development standards such as setbacks, building height, site coverage, and landscaping. The resulting unit mix also does not result in any new gross residential floor area (GRFA), thus no inclusionary zoning fees apply. However, the proposed change to the unit mix of the resort does impact two (2) specific regulations: parking and commercial linkage. Parking: The existing SDD (Ord. No. 20, Series of 2005) requires a minimum of 211 parking spaces. Currently, the Four Seasons has a total of 215 parking spaces, which are all managed by a 24-hour concierge service. As demonstrated by the applicant on page nine to ten of the project narrative (Attachment B), the reconfiguration of units results in an increased demand of 19 parking spaces. The applicant is unable to create new space for parking, but has managed to provide an additional 20 parking spaces by restriping some of the standard -sized vehicle parking spaces to compact -sized vehicle parking spaces. Commercial Linkage: Section 12-23-4, Redevelopment, Vail Town Code, specifies that commercial linkage fees apply for any increase in the number of accommodation units in the redevelopment. In order to calculate the applicable commercial linkage fees, the employee generation and mitigation rates must be identified for each conversion of DUs or FFUs into new AUs: • The conversion of four (4) FFUs to sixteen (16) AUs results in a net increase of sixteen (16) AUs: 16 x 0.7 = 11.2 employees Per Section 12-23-2, Employee Generation and Mitigation Rates, a commercial redevelopment shall mitigate its impact on employee housing by providing EHUs for 20% of the employees generated: Town of Vail Page 3 December 5, 2017 - Page 173 0 11.2 employees x 0.2 = 2.24 employees As the applicant mention in the narrative (page 11, Attachment B), four (4) FFUs are lost in the conversion and their associated employee housing impact should be deducted. This is difficult as the employee housing mitigation associated with FFUs is determined by the inclusionary zoning formula, which is based on square feet, not employees generated. While comparing the employee housing impact for AUs versus FFUs is essentially comparing apples to oranges, the applicant has provided an analysis that is logical in its approach: o Employee housing impact for FFUs is based on square footage. The square footage of the four (4) FFUs lost in the conversion to AUs totals 10,312 square feet. o Section 12-24-2, Employee Housing Requirements, Vail Town Code, requires a mitigation rate of ten percent (10%) of the total new GRFA. Therefore, in this analysis, the applicant would be responsible for mitigating 1,031.2 square feet. o Section 12-24-3, Building Requirements, Vail Town Code, establishes a minimum square footage for different types of EHUs. The smallest type of unit, dormitories, requires a minimum 250 square feet of GRFA. o If the 1,031.2 square feet is divided into dormitory space, the result would be four (4) dormitory units required as mitigation for the four (4) FFUs. At a minimum, the four (4) dormitory units would house four (4) employees. o The number of employees generated by the sixteen (16) new AUs (2.24) is less than that required by the previously existing four (4) FFUs, which, by comparison, generated a minimum of four (4) employees. There is therefore no net increase, but an actual decrease in 1.48 employees generated by the conversion of four (4) FFUs to sixteen (16) AUs. Therefore, the applicant believes there is no mitigation necessary. • The conversion of two (2) AU suites to four (4) standard AUs results in a net increase of two (2) AUs. Per Table 23-1, Employee Generation Rates by Type of Commercial Use, the employee generation rate for AUs is 0.7 employee per net new units: 2 x 0.7 = 1.4 employees 1.4 x 0.2 = 0.28 employees As the total number of employees generated is less than one, the applicant may provide a payment of fees in lieu of providing on-site employee housing: Town of Vail Page 4 December 5, 2017 - Page 174 0 0.28 employees x $177,733 (fee per employee generated) = $49,765.24 Instead, the applicant has voluntarily proposed to purchase and place a deed restriction on a two-bedroom DU in excess of 788 square feet. By comparison, a 788 square foot two-bedroom DU could accommodate 2.25 employees. Therefore, the proposed employee housing mitigation is 1.97 employees more than required. In addition to the previously referenced narrative (Attachment B), a vicinity map (Attachment A), an undated plan set (Attachment C), and Ord. No. 20, Series of 2005 (Attachment D) are attached for review. III. BACKGROUND The subject property was once occupied by a 120 room Holiday Inn hotel and a gas station. Ordinance No. 14, Series of 2001 established SDD No. 36, Four Seasons. SDD No. 36, Four Seasons, was subsequently amended to alter the unit mix in 2003 (Ord. No. 9, Series of 2003) and 2005 (Ord. No. 20, Series of 2005). The changes that occurred throughout this process are as follows: The property was developed prior to the Town of Vail codifying EHU requirements. Though approved in 2001, construction did not begin until 2006 and the project did not open as the Four Seasons until 2010. While there have been changes to the internal programming of the building, no other significant changes have been made to the resort since its opening. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code Chapter 2, Section 2: Definitions of Words and Terms (in part) ACCOMMODATION UNIT: Any room or group of rooms without "kitchen facilities", as defined herein, which are designed for temporary occupancy by visitors, guests, individuals, or families on a Town of Vail Page 5 December 5, 2017 - Page 175 0 2001 2003 2005 2017 AUs 116 118 122 130 DUs 15 18 16 28 (+ 18 AAUs) FFUs 40 22 19 6 EHUs* 4,971 SF 34 28 28 Total Units 171 + EHUs 192 185 210 The property was developed prior to the Town of Vail codifying EHU requirements. Though approved in 2001, construction did not begin until 2006 and the project did not open as the Four Seasons until 2010. While there have been changes to the internal programming of the building, no other significant changes have been made to the resort since its opening. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code Chapter 2, Section 2: Definitions of Words and Terms (in part) ACCOMMODATION UNIT: Any room or group of rooms without "kitchen facilities", as defined herein, which are designed for temporary occupancy by visitors, guests, individuals, or families on a Town of Vail Page 5 December 5, 2017 - Page 175 0 short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. An accommodation unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to title 13, "Subdivision Regulations", of this code. ACCOMMODATION UNIT, ATTACHED: A room, without kitchen facilities, connected to a dwelling unit within a multiple -family building designed for or adapted to occupancy by guests which is accessible from a common corridor, walk, or balcony without passing through another accommodation unit, attached accommodation unit, or dwelling unit. DWELLING UNIT: Any room or group of rooms in a two-family or multiple -family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. FRACTIONAL FEE: A tenancy in common interest in improved real property, including condominiums, created or held by persons, partnerships, corporations, or joint ventures or similar entities, wherein the tenants in common have formerly arranged by oral or written agreement or understanding, either recorded or unrecorded, allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually reoccurring or not which is binding upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property. SPECIAL DEVELOPMENT DISTRICT, MAJOR AMENDMENT: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. Chapter 7, Article A. Public Accommodation (PA) District (in part) 12-7A-1: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Town of Vail Page 6 December 5, 2017 - Page 176 0 Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Employee housing units, as further regulated by chapter 13 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Fractional fee club units, as further regulated by subsection 12-16-7-A-8 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Private parking structures. 12-7A-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. Town of Vail Page 7 December 5, 2017 - Page 177 0 12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. Chapter 9, Article A. Special Development (SDD) District (in part) 12 -9A -1-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 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. 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval Of Plan Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. 8. Preapplication Conference: Prior to submittal of a formal application for a special development district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed special development district, the relationship of the proposal to applicable elements of the town's comprehensive plan, and the review procedure that will be followed for the application. Town of Vail Page 8 December 5, 2017 - Page 178 0 C. PEC Conducts Initial Review: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report of the department of community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental commission stating its findings and recommendations, and the staff report shall then be transmitted to the town council. Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail town charter. 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: A. Criteria: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Town of Vail Page 9 December 5, 2017 - Page 179 0 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. Necessary Findings: Before recommending and/or granting an approval of an application for a special development district, the planning and environmental commission and the town council shall make the following findings with respect to the proposed SDD: 1. That the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and Town of Vail Page 10 December 5, 2017 - Page 180 0 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 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. 12-9A-10: AMENDMENT PROCEDURES: 8. 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. Chapter 10, Off Street Parking and Loading (in part) 12-10-4: ADDITIONS OR CHANGES: For additions or enlargements of any existing building or change of use that would increase the total number of parking spaces required, the additional parking shall be required only for such addition, enlargement or change and not for the entire building or use. Town of Vail Page 11 December 5, 2017 - Page 181 0 12-10-7: STANDARDS; AUTHORITY TO ADJUST: Parking standards shall be those provided in title 14 of this code. The standards set out in title 14 of this code shall govern the design and construction of all off street parking and loading facilities, whether required by this chapter or provided in addition to the requirements of this chapter. Minor adjustments of the dimensions prescribed in this chapter may be authorized by the administrator if consistent with generally recognized design standards for off street parking and loading facilities. 12-10-12: CREDIT FOR MULTIPLE USE PARKING FACILITIES: Where a single parking facility serves more than one use, the total parking requirement for all uses may be reduced in accordance with the following schedule: Total Requirement Determined Permitted Reduction To Determine Per Section 12-10-10: Multiple Use Parking Requirement: 201 to 300 spaces Chapter 23, Commercial Linkage (in part) 12-23-1: PURPOSE AND APPLICABILITY: 5.0 percent A. The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. 8. Except as provided in section 12-23-5 of this chapter, this chapter shall apply to all new commercial development and redevelopment located within the following zone districts: 2. Public accommodation (PA); 16. Special development (SDD). 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in table 23-1, "Employee Generation Rates By Type Of Commercial Use" of this section, shall be applied to each type of use in a commercial development. For any use not listed, the administrator shall determine the applicable employee generation rate by consulting the town's current nexus study. Town of Vail Page 12 December 5, 2017 - Page 182 0 Table 23-1, Employee General Rates by Type of Commercial Use Type of Use Accommodation unit / limited service lodge unit Employee Generation Rate 0.7 employee per net new units C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to table 23-1 of this section, or the nexus study, in accordance with the requirements of this chapter. 12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this chapter. Vail Land Use Plan Chapter 11— Land Use Plan Goals / Policies (in part) 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.1 The hotel bed base should be preserved and use more efficiently. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. Chapter VI — Proposed Land Use 4. Proposed Land Use Categories RAS Resort Accommodations and Service This area includes activities aimed at accommodating the overnight and short- term visitor to the area. Primary uses include hotels, lodges, service stations, Town of Vail Page 13 December 5, 2017 - Page 183 0 and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). 5. "Preferred Plan" Land Use Pattern B. Commercial Uses 3. Resort Accommodation Services This area has been designated for the area which extends from the Lionshead hotel / accommodation unit area east along the Frontage Road to Vail Road. Cascade village has also been designated as Resort Accommodation. These are the areas where hotel uses will be concentrated during the planning period, reflecting the community goals to concentrate hotels within the core areas. These areas total 52 acres, or about 2% of the land area studied. V. ZONING AND SDD NO. 36, FOUR SEASONS RESORT & RESIDENCES ANALYSIS Address: Legal Description: Existing Zoning: Existing Land Use Designation: Mapped Geological Hazards: View Corridor: 1 Vail Road Vail Village Filing 2, Lot A - C Public Accommodation (PA) Resort Accommodations and Services Streep Slope > 40% (Man -Made) None Development Standard Allowed / Required Existing Proposed Change Site Area 10,000 SF 2.32 acres (101,140 SF) No Change Setbacks As set forth in the Approved Development Plan referenced in Section 4 of Ord. No. 20, Series of 2005, Four Seasons SDD No Change Building Height 89' N/A No Change Density AUs: 122 DUs: 16 FFUs: 19 EHUs: 28 AUs: 130 DUs: 28 (+18 AAUs) FFUs: 6 EHUs: 28 AUs: +8 DUs: +12 (+18 AAUs) FFUs: - 13 EHUs: No Change GRFA 177,609 SF No Change Retail SF 2,386 SF No Change Restaurant SF 5,946 SF No Change Conference SF 11,139 SF No Change Health Club 18,577 SF No Change Site Coverage 85,091 SF (71%) (Below Grade) 70,150 SF (59%) (Above Grade) No Change Landscaping 35,268 SF (30%) No Change Parking & Loading 230 Spaces 215 Spaces 235 Spaces + 20 Spaces Town of Vail Page 14 December 5, 2017 - Page 184 0 VI. SURROUNDING LAND USES AND ZONING Existing Land Use: North: Public / Semi -Public South: Medium Density Residential Transition Area East: Village Master Plan Zoning District: General Use (GU) Two -Family Residential (R) High Density Multiple -Family (HDMF) General Use (GU) Public Accommodation (PA) Public Accommodation (PA) Commercial Service Center (CSC) West: Resort Accomm. and Services High Density Multiple -Family (HDMF) Transition Area VII. SDD REVIEW CRITERIA Before acting on an SDD application, the PEC and Town Council shall consider the following factors with respect to the proposed SDD: 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. The proposed major amendment involves only the reconfiguration of existing interior space and will not impact the immediate environment or neighborhood or adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, or visual integrity and orientation. Staff finds the proposal complies with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed major amendment involves primarily the reallocation of different unit types and introduces AAUs to the SDD. The added density in terms of additional units is offset by the commercial linkage requirements. In fact, the applicant has provided more employee housing mitigation than required. Staff finds the proposal complies with this criterion. Town of Vail Page 15 December 5, 2017 - Page 185 0 3. Parking and Loading: Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, Off Street Parking and Loading, Vail Town Code. The proposed major amendment generates a demand for nineteen (19) new parking spaces. The applicant has addressed the need for additional parking by restriping several standard -vehicle sized parking spaces to compact -vehicle sized parking spaces. Per Section 14-5-1, Minimum Standards, Vail Town Code, up to 25% of required parking in lots with more than fifteen (15) parking spaces may be of a compact design (8' x 16'). The applicant has proposed a total of fifty (50) compact parking spaces, or 21.3% 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. The proposed major amendment conforms to the following elements of the Vail comprehensive plan, town policies, and urban design plans: Vail Land Use Plan Chapter Il — Land Use Plan Goals / Policies (in part) 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.1 The hotel bed base should be preserved and use more efficiently. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 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. Town of Vail Page 16 December 5, 2017 - Page 186 0 The subject property is not located within any natural or 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 include any changes to the site plan, building design or location, or open space provisions. 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 proposed major amendment involves only interior changes to a limited number of the overall units located within the resort. The Town of Vail Public Works staff estimates that the increased number of units will generate eight (8) net new P.M vehicle trips. The payment of a traffic impact fee to offset the increased traffic has been included as a condition of approval. 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 proposed major amendment does not include any changes to the landscaping or open space on the site. 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 proposed major amendment only pertains to interior changes to a limited number of the overall units located within the resort. No phasing or subdivision plan is necessary. Staff finds the proposal complies with this criterion. Town of Vail Page 17 December 5, 2017 - Page 187 0 VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the PEC forwards a recommendation of approval, with conditions, to the Town Council on a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, located at 1 Vail Road/Lots A -C, Vail Village Filing 2, and setting forth details in regard thereto. Should the PEC 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, with conditions, to the Town Council for a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the reconfiguration of existing accommodation units, fractional fee units, and dwelling units located at 1 Vail Road / Lots A -C, Vail Village Filing 2, and setting forth details in regard thereto." Should the PEC choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the following conditions: 1. "The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property; 2. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall record with the Eagle County Clerk and Recorder a Town of Vail employee housing deed restriction for a minimum two-bedroom dwelling unit of at least 788 square feet, located within the Town of Vail; 3. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of Vail a traffic mitigation fee, the amount of which is yet to be determined, per net new P.M. peak hour vehicular trip. Should the PEC choose to forward a recommendation of approval, with conditions, for this request, the Community Development Department recommends the PEC makes the following findings: Town of Vail Page 18 December 5, 2017 - Page 188 0 "Based upon the review of the criteria outlined in Section VII of the Staff Memorandum to the Planning and Environmental Commission dated September 11, 2017, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the SDD complies with the standards listed in Section 12 -9A -8-A, Vail Town Code, or the applicant has demonstrated that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 2. That the SDD is consistent with the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Vicinity Map B. Project Narrative C. Plan Set D. Ordinance No. 20, Series of 2005 Town of Vail Page 19 December 5, 2017 - Page 189 0 Level 1 -Existing Condition 1 1 • 0 00 0 III III III SII III III III Existing Project Totals 122 - AU's 16 - DU's 19 - FFU's 0 -Lock Offs 0 0 0 Unit Totals 0 - AU's 0 - DU's 0 - FFU's 0 - Lock Offs Level 1 -Proposed Condition 2 STANDARD PARKING SPACES CONVERTED TO 3 COMPACT SPACES 3 STANDARD PARKING SPACES CONVERTED TO 4 COMPACT SPACES 3 STANDARD PARKING SPACES CONVERTED TO 4 COMPACT SPACES MOM HEIM LLa An Oki 0 0 0 9'-0" 0 9'-0" 1 Eir 11\ 4fi 28' - 0" 1 STANDARD PARKING SPACE CONVERTED TO 2 COMPACT SPACES Proposed Project Totals 130 - AU's 28 - DU's 6 - NFU's 18 -Luck Offs Li I 0 0 , M 3 STANDARD PARKING SPACES CONVERTED TO 4 COMPACT SPACES - NET GAIN OF 11 NEW PARKING SPACES ON LOWER LEVEL - NET GAIN OF 9 NEW PARKING SPACES ON LOWER LEVEL - NET GAIN OF 20 NEW PARKING SPACES TOTAL Unit Totals o - au's o -Dins 0 - FFU's 0 - Lock Offs December 5, 2017 - Page 190 of 567 Level 2 - Existing Condition L - I —•• -1. 1-'1 f 1 ...▪ 1.71.1 1 1 i' 'r..._ �. • • 1 �' 1 , ' I ' r', , 'r�.' — r ''1 I• 1 •-i'• r{ ' • _ I .L ,. . . . .. • r• r . _Lr r*'- .. 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SII ‘ mmoi 11 it'll I�Ilii!I irk 11 Emmy .,111 „ 1 ..m7.4 _Aim ��1111''"1111 �T 1!1PE I LPA lilily IIII111111IIIIIII b +1 +1 OMNI )P41 Alf I �J i IIIuI: U111111111111111111/1 - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club 3 STANDARD PARKING SPACES CONVERTED TO 4 COMPACT SPACES • 0 - NET GAIN OF 11 NEW PARKING SPACES ON LOWER LEVEL - NET GAIN OF 9 NEW PARKING SPACES ON LOWER LEVEL - NET GAIN OF 20 NEW PARKING SPACES TOTAL Unit Totals o - AU's 0 - Lock Offs December 5, 2017 - Page 191 of 567 BANQUET 1 393 1 Level 3 - Existing Condition S-31 STAIR 'U' 1 S-315 1 0 BROM I MOB a.......I..iilp........ m........ o® MEM OmmoMmo n■��Ir. �==AILGig�i�l L��yWa__�or•�yWa__, IIIIIIIIIIIIIIIIIIII DIN 11.11 HALLWAY 0305 9EWRAQS xR I HALLWAY 1 G-3061 rtt atI �1W7::�1V El il MEM 1■■■■■■ 1■■■■■■ 1■■■■■■ 1■■sib■■■■■■—■■■■■■■■■■■■■■■■■■■■■■■■-=== I.....■■■■_.....■■■■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■_.....■■■■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■_.....■■■■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■_■■■■■■■■■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■_■■■■■■■■■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■—■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■_■_.._■■■■■_■■■■■_■■■■■ ■■■■■ ■_.. ■■■■■ ■■■■■ ■■■■■ IENNIIMENNEENNEMEMENEEN=ENEENNEMEENNENNEENNE� ■■■■■■■■■■■■■■■■_■■■■ ■—■■■■■■_■■■■■—■■■■■■■ ,■■-■.r,■■■■■■■■■—■■■■■—■■■■■■_.....—■■■■■■■ •■■■■■■—■■■■■■■■■■■■ -i.... I��■■■1 • \■■■■I ' ,M■■■1 M■■■■1 RREFRB CIION ■■■■■I ■ ■■■■■I .....I ■■■■■I • IE■■■■1 Iu■■■1 ■■■■■I ■■■■■I -IEDEN! • N.■■■!' COMM■■■■1 .,4\ ■■■_■■■■■■■II ■■■_■■■■■■rig; ■■■—■■■■■■ ■■■■ ■■■'llllllll�L ■■■- ■■■� III r - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 13 - AU's 0 - DU's 3 - FFU's 0 - Lock Offs Level 3 - Proposed Condition STNR 1 S-315 1 I■ m® ® 13= i`Illllll iMMIOIMEEO■■I■■■nn - ®ao I.I.I.�il_1M a San I. BAHRAGEOUET STO 1 330 1 Ii.11• A Irl L HALLWAY 1 C-305 1 1 68. 1 ®1111111181111 1 1 ■I 1I s ]111�11=a01lo-.s 11111[1 41/ •1 -4!' 11",fi" 11111.- 11 1116_ 8 ifi 1 a HALLWAY 1_ C-306 1 STORAGE 395 Crtrt»Zer• blfefi T u-lcu-s�s.1.:1 .m STNR L' 1 S-319 1 —I 6 J SERV ELEV LOBBY 1E-30381 i 1.111141-1— <RC11B> <RC11B> 1■■■■ M■■ 1■■■■ 1■■■■ 1■■■■ 1■■■■ 1■■■■ 1■■■■ 1!■■■ 1■■■■ 1■■■■ 1■■■■ i7■■r 1••U 1•F•11_ I■■■■■■I I■■■■■■ mmr NIME..■K®ter■ EKIMAg■■�Oml■ri..r II■■■■■■I rV I■■I■■■■■■■■■■■■■■■■■■■■■■—■■GLS■■■■■■■: ENS' I■■_■■■■■■■■■■■■■■■■■■■■■■ -■■■■■■■■■■■ I■■_■■■■■■■■■■■■■■■■■■■■■■-■■■■■■■■■■■ I■■—■■■■■■■■■■■■■■■■■■■■■■_■■■■■■■■■■■ 1■■—■■■■■■■■■■■■■■■■■■■■■■—■■■■■■■■■■■ ■ _■■.■■■■.. ■■■■.. ■■■-■■■■ I �1•11U11111U11111U1111e.11111■■■■■ I�IIIIIIIIII�I M!! ■■■■■ ■■■■■ ■■■■■ ■■■■■ PRENNCTIEN 1 367 1 G11A> 10.3„CORRIDORi 1 <G11A> 1= i STNR 'G 1�I ___1■�__J■LI\J_■■LI\J■■I■■L\f� loamy L� ■►!■■■■■■■■-■■■■■■■■I■■-1'i■■■■■— • ■■■■■■■■■■■■_■■■■■■■■ ■■-■■■■■_- ■■-EEr7■■■■■—■■■■■■■■ ■■—■■■■■_— ■=�� E ■ •I■■■■■■— IENNEMENNENEEMMENNENEENNEMENNEEMEM ,■ I■■■■■■_ 7■■■1 ��� 1■■■■■■i� lig■■■1 • \■■■■I - ,�■■■1 111111 ■ ■■■■■I MEM ■■■■■1 • I..■■■■1 llu■■■I a■■■1 MEMMEM. ■■■■I I y .1•■■1 ._„,,,,, • IL - • r A7,17.1 2 AU's converted to 3 AU's •cf• 94.12.1A l ENMIM 1 -- 1 -- X41 ■■—■■■■111 ■■—_■■■T = ■■omIlll��1 j <RC1 IA> Sl1 <80118> <0116> <G,1A> - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 14 - AU's 3 - DU's 0 - FFU's 3 - Lock Offs December 5, 2017 - Page 192 of 567 Level 4 -Existing Condition all lin D MMMIIMMMMMMMMMMMMMMMMM iM Fli NEM i 1:::::::: �:7__` .••••••••••= ■■■■■■■■ • i �U_U ■■■■■■■■ ■ \ ■um___ ■ =1ED • ■� ___ • ii!P o I __•_ @EEL "1111111 111111115 11111111 I. NE ;;;;;; ME Cr ► ,,inniMlfa 11 MAN °0iiiiiiiiii�uiiiii�lir • WI tl,V101114 /■I IIIA'/ 1'!I■Limo lulling i liiiiuiiii �iiii■ilial lIlIlIliil•.. ■iii■ IlIlIlIlIlIliiI lila i i�►; IIIIIIIIIIII■IIIIIIIIII 101 Eft II _ [YZY]l E II I Ell 11 FA i. 15:4"iz kP ii - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 19 - AU's 0 - DU's 3 - FFU's 0 - Lock Offs Level 4 - Proposed Condition IIIIIIIIIIIIIIIII1IT 7 n�a n ■, F-4umi-i ■ eAim MEILLA O MEM ■� " 111 mmm MN r 11 AL —o !. 1 W 11111111111 1.1111111111111 \\\\\\\\\\\\\ 11111111 111111115 11111111 1`� o��, o��.fog'i/� I/ 11 Mr. ■ IIIIIIL 0=110111 10 111 ■ II IMININIFE 11111111111 111•1 I ■111M1I 111111111111111 IJIIEI 2 AU's converted to 3 AU's IMMUNE, 2 �UIImnmu I IOhIIIIIIIIiIIIIIIIIII - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 23 - AU's 1 - DU's 1 - FFU's 1 - Lock Offs December 5, 2017 - Page 193 of 567 Level 5 -Existing Condition � n O I II'D11 n�1111111111111 11111111111�=-1111 of Llu HIIIIIIIIIIIII1 11IIIIIIIIir 111 ._,,,111111 �Ip1,I_ II �IIIIIII 11111111E 11 il �Illllllllll•i■11111111 �. +II l91111111111111111111111��I1�r= Q Q -I .11111 1.■�. IInI,� �— IIII JI I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111 II IIr !G iIIII i c=== I10■11■1 • ■II■Mruu.1■ a ■IMIFIu■ ■O■■W. 1'1p■■1 fi Iiia■■■111 fl■■lb■■I■I \ :MOM I w11JI1■1!:n7■ili■■i_■■■■I■I Ii1\■■iJ r ' =■Il'■1 ■2■i■■■:I■■i1rl■I■I ■■■■■■■■■■■■!■■■■����1 jj �Ilu■�� ■■■■■■li■■■Iii■I EllEI ■■■■■■■■■■II■■■■■I IL-,-^_.. ■■■■■■■■l!■■■■11■I 7■L—•- ■J•■■■■■IL■■■■■I \ `I■■■■■■■■■■■■■■■■■ ■■■■■a, I.■■■■■■■■■■■■■■■.=■■LIIli w 1111/M5111 116i�■ul1I ■■■■M'= ■■■■■I■ ■\■■II■ ■■MITI■ 11.■■■■■■LINEMEN II ■■■■■■■■ ENCROMEN ■■PONILI■I: ■■�!111■i i M U• I I I 1 1 I1I❑ .111 _ owwwwiw��� wwww -w I mm wwwwlm w r U I ■■■■■■■■■■ n_�. ■■■■■■■■www■■■ ■■■■■■■■■■■■■■■■■■■■■www■■■ ::1:111::11M11::111:::.C: ■■■■■■■■■■■■■■■■■■■■■—ww■■■ ■■■■■—■■■■■—■■■■■—ww■ •■■■■ •■■■■ •■■■■ 11 1 IIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIIII�III.IIIIIIIIIIIIII r�- 111111IIII'' ` X111111111111 I I ruIIIHinhIlli_ � r J/0%i111111111.1111111111'r" - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 26 - AU's 0 - DU's 4 - FFU's 0 - Lock Offs Level 5 - Proposed Condition JI ■ i 111!' e1111 REP • ■°■11' .r■ r nod I■ ■1 ■1....1 Bins " IIIIP,Iii 'mon ZZ wen 11 I..■ Irs IiiI!1!J1 ..rm■ I Iill Oihri❑ IIjI 1111111111111111111111111111111111ililll, �Iim11I IIIII_IIIIIIII E=== I 11■■J■I • .IIID■IIEI■ Il ■II II Iu■i ■■■11111M M il■■■1 �lii�■■■111 flll■I■■■I■I :EMS Ia'■■■iiil■I li\■■■ I !gram ■m■■■■■:I■■■■■I■I r■.YI■ . vara;■It■11■■■■■■1 I■■:Lalii■Ii1 ■■■■■■■■■■■■■■■■■ NMI 11 tr1■■'■11■■■■■■■■ i■■■.I i■I I ljIMM■■■■■■■■■■II■N•■■I I ---.. ■■■■■■■.1!•l■■r■I 7■L- • •'" 'A ■■■■■■■■ _■■■■■I VI■■■■■■■■■■■■■■■■■ ■■■■Is■1 ■■■■■■■■■■■■■■■■■ M■■LI'ILirl 'mom■■ L'■■■■■■■ ■■1:.11i■■■-■ ■■LU11i'i■ ii 1=1 111 N ■■11 IIIIV ;Ill IILIMMI!!I ■■■■■= ■■■■■I■ • \MEM ■■MITI■ rig NMI1111111 •1111111 •11 I. -- I II\ ‘-weka-311 IMMEN=MMEMEN MEM MENNEME==MM■ ■■■■w■■■■■■■■■■■■■w■■■■■■■ww■■I ..■■wM■■■■■■M■■■■■w.■■■■■M■ww■J ■■■ •■■■w••■■••■■■■ ■■■■■••ww■■■ ■■■w_■■■■■_■■■■ ■■■■■_ww■ ■■■■■■■■ ■■■■■ ■■■■■ ■�■�■ 111111111111 1 Ls I111111111111I.11111111111111111111111 1 1 11111111111 111111111111 1.111111lIIII11 I 111111111111111 1 1 'd �.I 1' low I!I1 !i a� • 1 s' 011 1 IE t • II 1-11 11111!!11 MEE IIIIIIIIIIIIIIII PIM IIIIIIIIIIIIIIII Alli°!' 4llllllllllllll►►►���� � �• - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa Health Club Unit Totals 30 - AU's 1 - DU's 1 - FFU's 0 - Lock Offs December 5, 2017 - Page 194 of 567 Level 6 -Existing Condition 1101111111111111111 —olkomodo ikt4 1-1 111111 111111 OA I IIIIIIII IIIIIIII , 11111111 111111111104 MMIMI=/ MAMIWIV yWIrMIMIT MS= mom ■■■■■■i■■■II■■ wl ■■ h 111111 111111 E :■ ■■■I g1.nmIaimo ■■■Ls ■■ 1■t11111111111111111111111111111111111IIIIIIIIIIIIIIII11 n n n MEW 1■■■r1I■ 1■■■ ... 1■■mmii 1■■■ i1:w r■■■■■1 ■1■■■■ r� ■n.� 111 II 11 ■■A■ i 11i�7I■■■■Ia v ■iorr<r'■:!■iiiil■■ilr■ 1 ••U! ■■■■■■■ 1 ■■■II I! m■■■■e rma l _�_:1■r�Ili■■I�i 1 ■■■■■■■■:■—■■■■■ i■■■1: X.■■■■ ; ■■tmx"el 111111 111111 01 ■■■■■■■■■■■■■■■Ir1■■■UJI■■■■■�,a ■■■■■[i�mommoml r�....ri .. ■■EIIIIli11■■Iril1■11;� , ... ■■■■■■psi■■1,. ■■■I■11.1m ■■Ill•1�i■■■■■i�!11 /ilePI 111111 111111 P:11f1 x 1■■ mom' moon. ■■■■11■■I■■Liit■■■■■■W?:1�■■l�Ci_:■.■■■ui moon aR, ■ liE E!_1A■■■■W1101._ ! ! i:ir■■■■11].... T ml®®1111 ■■■i:l���■■��a,1°■■:..-1 ���■71■111■■■■1� IIIIIIIIIIIIIIIII IIIIiIIIIIIII ■■Alibi■■ ■■■■■■■.- ■■■■ mum \■■■■■■■■■s omol I.■■■■■■w■■-mom 1 1l iiii •Ii 111 it NAME Mill up- 7 11111 1111 ��- I11111uI11111 pi jr lmmumn a■i �j ' 0: 01 7 201111B11111111111111111 Illllf II \r4L-1-1•;„ 11111111111111111111111 - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals -.74yAris 4:104A-'1017,01029. 26 - AU's 0-DU's 3 - FFU's 0 - Lock Offs Level 6 - Proposed Condition L111100115 gimumlundiro ii 111111 ii 111111 ii 111111 ii 111111 "EH mot, 11111111111111 Are1= i r 11111111,/ IIIIl11IO 111:1111 HHHHROA IIIIIIIIIIIIIIIII llllllllllllllllllll 1111111111111111111 �: ^� iii ■■■■■■i■■■ n■• I _ .,.�.,L. 11■■ 1■■■r111 mwmimaa e�.�___miyA _�� ■■■■■■■■■■ Li■■I, , 1■■�s;ms:1r■■II■ I!isli!?A■■!-IIF�lP,.I ■■■■■■•••• ■■■1■m.■; :■!Trier■ i!'Urlrr■■■II1!■ 11 ■■G- '-- ■■■I 1■.■i■IP■i■■■11l66i■■■ci!� . momm....m ■■■niamENNIMMEMMENIJA ■■■ !JI■ I L.■■■. � 1�■IIl■■■1�Ir 1 "M"" ■ ■■■■■■■■:■—■■■■■:W■iuP�e. ■■■■cry;:' ■■■■■■Z ■■■■!■!■■■■■I�l7. ■■■■■■■■■■■: 1! ■■■■■[2I■■■111.,111■■.rill■r! ....=�� ■■■■■■■i1■■h:! 811111■■1111■1p mmmimINIMEANIMMIlI�■■■■■■"-M■■ii■■■1h■ii-Mr. ■■-:.:-j•N•! ! 1■■ f■II1■■: , :■■■■■11■■■1 111'11■■IJ■'7■■1■■■■j■■■J; E'I■■■Ioiiiiiia ■`i••_�ii■ ■■.■___I ■■wig ■■ moon own M■■■■■■■■■■MMil ■■■■■■■i■■■I■■■1 7■■■.■G71 01ivialimit i 1111111111111111111 111111111111111111 1111111111111111111 111111111111 11111111111111111 11111111111111111 =- 4. 41 11 02 41 W 11 M 41 ��� - 14 L/G.MMO! I =1 • J� [1I 1Liii�4 I i 11111111IIIIIIIIIIIIIIIIIII„IIIIIIII IIIII1111�11�III�II 111111 111111111111111111111111 - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 27 - AU's 2 - DU's 2 - FFU's 2 - Lock Offs December 5, 2017 - Page 195 of 567 Level 7 -Existing Condition 11111111111111111111 I I I I I I I I I I III1.111111111111111111I1!!!;; II 111111 '.1 jIJ!IIIIIIIIIIIII!ijJiIIiIiIiIIi �7 iii ��;� ■■ ■AME A u■■■:11111 MEMO! 0r I■■�:c:■■■■■ A i ��iiE!!!! G _ 0 ■■■■■■■■■■■■ ■11■■■■■o1•s■■ 07,1 U. ■■Ir.:.d:I�: Level 8 -Existing Condition 11111 I IIIIIIIIIIIIIIIIII Iiillllllllllllllllllil 111111111111111111111111111111111111 1111111111111111111111111111111111111 Al MIT11��VIII ■EMId_lc - 10I -IED LA I� r a1 .11121--:--J mormilmr 11111111 411 - -' \I. n ��� u r101 I I ilill111111 111111111111111111 I1111111111111111111 IIIIIIIIIIIIIIIIrIIIIIIIIIIII11111111Effie IIIIIII� .11111111111 iri11G Il AI. 111111!# � & /Li IIIc L !: Min ..= , 1111mi 11111111 AIIIIIiimplii111111 I MCC alert' -,IIP! G air—i IIIIIIIIIIIIIIIIIIIIIIIII� ni_"_':'_"_'iii 11111111.11111M 1.., I II,.../ e 11111111111 11111111 7 7 - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 15 - AU's 4-DU's 2 - FFU's 0 - Lock Offs Level 8 - Proposed Condition IIII I_ IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII I_.IIIIIIIIIIII1111111 rrr 111111111111111111111111111111111111 111111111111111111111111111111111111 :1 I hili ]IIIIIIilllilll-iiia!' c111 / 111 IIIIIIIIIIIIinnm ► 111:17:;1131;i1 a Ira VIIn_ 16 IIS 1'r�"�■ ������. s I ID,I ■_�i,' ��III ' ■ • � � *. A —I aloud i ■ 091 15111111111lion 11111111111111111111 IIIIIIIIIIIIIIIIIr111111111111111Illi 11111111111II I I' ```° ��II d_.■iri1111 1111111 1 111M1c1111i111J Tii Err --"" IIIIIIIIIIIIIIIIIIIIII1111 I iemn IIIIIIILIIII�...,: 111111119 111111111 11111111 11111111 111111041111111111 0 - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 14 - AU's 6 - DU's 1 - FFU's 6 - Lock Offs December 5, 2017 - Page 197 of 567 Level 9 - Existing Condition ■ ■ 1 IIIIMI1HIIIIII1H1'IiI�IIilmllu lIIIIIIIIIIIillll Iiiiii i IiiiiiiIIIIIIIIIIIIIIIIIII 0 1111111111111111111111111119 IIIIIIIIIIIIIIIIIIIIIIII 1111IIIIIIIIIIIJIIIIIIIIIIII _,_I1 11 "'le II= I ■_.— — --_ ■n11 _... IIIIIIImiEiH!,...._■.. 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O• . ®�®aa®�-®a®�®• - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar - Spa / Health Club Unit Totals 0 - AU's 4 - DU's 0 - FFU's 0 - Lock Offs December 5, 2017 - Page 199 of 567 TOWN OF 141 # 1. Call to Order PLANNING AND ENVIRONMENTAL COMMISSION September 11,2017, 1:OOPM Vail Town Council Chambers 75S. Frontage Road -Vail, Colorado, 81657 Present: Pam Hopkins, Ludwig Kurz, John -Ryan Lockman, Karen Perez, John Rediker, and Brian Stockmar Absent: Brian Gillette Site Visits: 1. Vail Workforce Housing Rezoning — 3700 North Frontage Road East 2. The purpose of this work session is to discuss issues relating to the Town's commercial ski storage regulations, and to present a draft of possible text amendments to Title 12. Applicant: Town of Vail Planner Chris Neubecker Neubecker provided an update of potential changes to the Vail Town Code. It was decided that horizontal zoning is working, but certain areas of the code require clarification and a refocus on regulations based on time, place, and manner. Neubecker discussed potential changes and their impact on outdoor display (both on town and private property), use of easements, aesthetics, and hours of operation/storage. Neubecker discussed special provisions for ground floor storage available to hotels and resorts. Separate definitions are to be created for ski storage lockers, ski clubs, and ski storage. Rediker — Asked the purpose of separating the definition of ski clubs. Neubecker responded that it is proposed to be separated because they are two (2) distinct uses. Rediker asked how businesses will be prevented from mislabeling themselves as ski clubs in order to avoid regulations. Stockmar — Asked why 9 PM was the proposed end time for ski storage. Neubecker responded that this was based on feedback from local businesses in the ski and lodging industry. Hopkins — Asked what will happen if First Tracks programs increase and require the hours of operation to begin prior to 7 AM. Neubecker responded that the hours of operation for storage can be evaluated. Rediker — Stated that he requires more time to reflect on the proposed text amendments. Asked for an additional work session on September 25, 2017. December 5, 2017 - Page 200 0 Perez — Asked if non -ski businesses were considered in establishing the hours of operation for ski storage. Neubecker responded that the proposed hours were based on the premise of allowing ski storage businesses to operate their retail business during traditional hours. Tom Higgins, American Ski Exchange — Stated his opposition to ski clubs as they can avoid regulations by simply offering a minimal amount of food and beverage. He also stated that he feels there have not been a lot of problems related to ski storage, but just a small group of businesses that do not follow existing regulations. Cheryl Ann Peter — Stated concerns that proposed changes could negatively impact local residents. Jeff Babb, Vail Resorts — Stated that the chamber of commerce was included in the task force so that they could relay information to other businesses. The impetus for the project was not to debate ski clubs, but to address changes that have occurred in the ski service industry. The purpose of the task force is to focus on improving the guest experience. Dr. Penny Wilson — Stated that she has a locker at American Ski Exchange. When the second level ski club businesses are busy they create congestion and make it difficult to access the mountain base. Encouraged the PEC to consider regulations that keep skis less visible and out of the way. Tom Neyens, Ski Valet — Has operated a ski storage business in Vail since 1988. Encouraged the PEC to maintain basement level as the only permissible level for ski storage. Feels that storing skis overnight on ground level, inside a retail shop may represent a fire hazard. Wants clarity as to what is and what is not allowed on the ground level. Stockmar — Is not sure what is proposed will resolve the issue. Is unable to provide any recommendations on how it should be addressed. Kurz — Stated that the changes proposed are reasonable and in line with changes in the ski service industry. Wants additional clarification provided based on the comments provided. Any rule we come up with is only as good as our enforcement of the code. Perez — Thinks the definition of ski storage needs to be clearly defined. Stated that the display of bicycles has become a similar issue within the town and wants bicycles to be included in the discussion, too. Hopkins — Needs additional time to review proposed text amendments. Lockman — Agrees with Commissioner Kurz in that the amendments seem minor, but wants additional time to review them. Would like to hear more from the Task Force. Rediker — Agreed that additional time for PEC review of the proposed text amendments is required. 3. A request for the review of an amendment to a Conditional Use Permit, pursuant to Section 12-9C-3, Conditional Uses; Public and private schools, Vail Town Code, in December 5, 2017 - Page 201 0 accordance with the provisions of Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for a renovation and addition to the existing Red Sandstone Elementary School, a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Public parking structure, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for the construction of a public parking structure, and a request for the review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, in accordance with the provisions of Title 12, Chapter 17, Variances, Vail Town, to allow for the construction of a retaining wall with an exposed face height greater than six feet (6'), located at 551 North Frontage Road West/Lots 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC17-0031) Applicant: TAB Associates Planner: Matt Panfil Motion for a Conditional Use Permit for a Public Parking Structure Motion: Approve, with three (3) conditions First: Stockmar Second: Kurz Conditions: Vote: 5-1-0 1. The conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application; 2. The applicant shall revise the submitted plans to depict a minimum twenty foot (20') wide drive aisle, instead of the currently depicted twelve foot (12') wide drive aisle, along the southwest part of the access drive and in the general direction of the southwestern crosswalk and the access point for the second level of the public parking structure; and 3. The applicant shall reconfigure the proposed landscape island, located south of the proposed entrance to RSES and in the Pre -K Parking Area, to allow for a complete turn by Fire Department equipment. Motion for a Variance from Section 14-6-7, Retaining Walls, Vail Town Code Motion: Approve First: Lockman Second: Stockmar Vote: 5-1-0 (Rediker) Panfil summarized the concerns expressed by the PEC at the last meeting on August 28, 2017. Panfil then described the revisions and additional information that has been provided by the applicant. There are 3 approvals as part of the original application: 1.) amended conditional use permit for Red Sandstone Elementary School; 2.) conditional use permit for a public parking structure; and 3.) a variance for the construction of a retaining wall greater than six feet (6') in height. At the last meeting, the PEC asked for more information on safety measures for pedestrians, ADA parking, proposed signage, and impacts to public health based on December 5, 2017 - Page 202 0 vehicle exhaust near the students. Level 1 of the public parking structure now has 30 standard parking spaces, five (5) ADA parking spaces, and two (2) electric vehicle charging spaces. Special ADA parking permits will be available that will allow access to the first level regardless of the time of day. ADA parking spaces for the school will be surface spaces, not in the parking structure. Level 2 and 3 will each have 39 parking spaces. Level 3 parking passes can be assigned to employees that arrive early. Level 4 is restricted to school/faculty use, but public parking will be allowed on Level 4 when school is not in session. Stair towers will have an open design to maintain better visibility. The majority of students are accompanied by staff, and should not be in the stair towers without an adult. As requested by the PEC, a flashing crosswalk sign has been added near the main vehicular entrance off of the North Frontage Road. Turning simulations have been provided for each level, based on the size of a Chevrolet Suburban. Perez — It was indicated that all students would be accompanied by staff. Does that include students that arrive by public transit? Panfil indicated that the applicant would answer that question. Rediker — Asked if the proposed flashing signs are similar to those located in the crosswalks at the town's roundabouts. Panfil confirmed. Stockmar — Stated that the location of the parking level occupancy sign does not make sense. Panfil asked if it would be better located on the east side of the Level 1 entrance rather than the west side. Stockmar confirmed. Lockman — Asked for clarification as to the timing for access to parking structure, and when it would be open to the public. Panfil reviewed the proposed hours of operation for each level. Stockmar — Stated the retaining wall makes sense for air circulation, but wanted to know what type of protection system is in place for the space. Panfil responded that the applicant can confirm, but he believes there will be grating or other security measures. Greg Macik, TAB Associates — There is no intent for Level 3 to be closed all day. Until 7:30 AM, only Level 3 will allow public access, in order to fill it early in the day, prior to RSES student and faculty arrival. From 8:30 AM - 2:30 PM all levels will be open. It is anticipated that Level 3 will get very little use during these hours as it is the least desirable level based on its location. Push button flashing yield signs are proposed on each side of the crosswalk. In regards to on-site vehicle exhaust, the applicant team researched the topic. Every year there are new, stricter, regulations on vehicle exhaust. The applicant can also install "No Idling" signs and they will look at additional filtering methods for the exhaust from the parking structure as well as additional filtering options for the air intake at the school. In regards to the gap between the public parking structure and retaining wall, the design intent is that there is no gap from the top level of the parking structure down the retaining wall. The applicant is further refining their design to see if this is possible. Perez — Asked to confirm that people with ADA parking passes will be able to access Level 1 at any time. Macik confirmed. December 5, 2017 - Page 203 0 There was no public comment. Lockman — This has been a thorough process, and well done by staff and the applicant. The focus is on student safety and believes parking will be managed well with the automated system. Responses to our questions were provided. Supports the proposed project. Hopkins — Agreed with Lockman. Perez — Staff and applicant have done an impressive job in responding to the PEC's questions and concerns. Kurz — This applicant has been hammered by the PEC about safety and circulation. All the members of the Commission feel responsible for the safety of children at the school. As a result, it is a better project than we saw many weeks ago. He has no issue with height of the wall as it is not visible except from the structure itself. He is in favor of moving forward with the project. Stockmar — Thanked the applicant for all the changes made to the project. He supports the project. Rediker — Stated that the applicant did a great job responding to PEC concerns, though he is not overly excited about the congestion that will occur between 7:30 AM — 8:30 AM during school days as it will lead to more congestion on that road, especially during pickup. He stated he does not support the idea of adding two more stories on top of the parking structure and he encouraged the other commissioners to address that in any motion that is made. He still is concerned about installing a parking garage right next to a school and he has read studies that show exposure to tailpipe emission, even in small amounts, can have negative health impacts to children. Stockmar — Asked staff to clarify that the PEC is not being asked to approve Level 5 and 6 at this time. Panfil — Panfil confirmed and stated that if Levels 5 and 6 were to be built, the project would need to return to the PEC for an amendment to a conditional use. 4. A request for a recommendation to the Vail Town Council of an application establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, and related uses and improvements, located at 430 and 434 South Frontage Road (Vail Mountain View Residences on Gore Creek)/ Lot 1, Vail Village Filing 5, formerly known as part of Lot 1, a Resubdivision of Tract D, Vail Village Filing 5, and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Motion: Table to September 25, 2017 First: Kurz Second: Perez Vote: 6-0-0 December 5, 2017 - Page 204 0 Staff requests that PEC17-0006 be tabled to September 25, 2017. 5. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of a parcel of land located at 3700 North Frontage Road East/Unplatted. The rezoning will change the Zone District from Two -Family Residential (R) district to Housing (H) district and Natural Area Preservation (NAP) district, and setting forth details in regard thereto. (PEC17-0039) Applicant: The Vail Corporation (Vail Resorts), represented by Mauriello Planning Group Planner: Chris Neubecker Motion: Approve First: Stockmar Second: Kurz Vote: 6-0-0 Referencing a PowerPoint presentation, Neubecker introduced the project by summarizing the nature of the zoning request from Two -Family Residential (R) district to Housing (H) and Natural Area Preservation (NAP) districts. As the subject property is currently zoned Two -Family Residential (R), the entire site could be developed with two- family residences. The applicant is proposing to set aside a large portion of the site for Natural Area Preservation (NAP) to focus development on a smaller area of the western portion of the site. Neubecker described the location of the site, the relevant criteria for a rezoning, and the PEC's role in making a recommendation to the Town Council for a rezoning application. Neubecker discussed the relationship between the master plan / comprehensive plan, land use plan, and zoning ordinance. If the rezoning were approved, a development plan would need to be submitted and reviewed by the PEC prior to any development occurring. An environmental impact report would also be required at that time. Neubecker reviewed the anticipated timeline for the project. Rediker — Asked about the recommendation in the staff memo to continue the item until the next PEC meeting. Neubecker responded that information from Colorado Parks and Wildlife and Colorado Geological Survey was expected, but the departments will not provide comment without a specific development plan, and thus the PEC could approve today, if it meets the criteria. Rediker asked how many two-family residential lots would fit on the subject property as currently zoned. Neubecker replied approximately 10-15 lots, but the applicant will confirm. Rediker asked how many EHUs could be provided based on the size of the proposed Housing (H) district parcel. Neubecker stated that there is no limit and that the number of units is subject to PEC discretion and review of the development plan. The applicant's representative, Dominic Mauriello of Mauriello Planning Group, provided a PowerPoint presentation and introduced the rest of the applicant's team. Chris Jarnot, Vail Resorts, discussed the need for employee housing and Vail Resorts' commitment to developing new employee housing. Jarnot discussed how the proposal could help to achieve the goals and vision of the Vail Housing Strategic Plan. December 5, 2017 - Page 205 0 Mauriello described the process required for the proposal. The proposed rezoning and plat for the subdivision are the first step in the process. The Housing (H) district requires a development plan to be approved by the PEC. According to Mauriello, the Vail Local Housing Authority (VLHA) supports the request. Mauriello then described the location of the site and its proximity to other significant development and other key features within the town. The subject property has been owned by Vail Resorts since 1961 and was annexed into the town in 1975. There has been past confusion over ownership of the parcel that influenced town planning documents. Mauriello reviewed what is currently permitted on the parcel due to its two-family residential (R) zoning. Mauriello stated that approximately 10-15 lots, with 2-3 units per lot, could be established. Mauriello described the size of the two (2) proposed zone districts and where the proposed division line of the districts will be located. It is approximately 100' from the southeast corner of the proposed Housing (H) parcel to the nearest bus stop on the North Frontage Road. Mauriello reviewed the purpose of the Housing (H) district being for employee housing. A development plan would be required to be approved by the PEC prior to any development of the site. The PEC can determine density/number of units, GRFA, and building height. Setbacks, site coverage, and landscape are established within the development standards of the Housing (H) district. Mauriello also reviewed the uses permitted and associated standards for the Natural Area Preservation (NAP) district. Mauriello emphasized that they are not currently requesting anything that would constitute a vested right because there is no specific development plan at this point. He also emphasized that the proposal is not a "Development vs. No Development" scenario. Development will occur on this property, it is up to the PEC to determine the type of development. Mauriello referenced several housing studies and plans that have demonstrated a need for employee housing within the area. Mauriello stated that wildlife and rockfall hazard were environmental characteristics specifically review by consultants. The subject property is located within a high rockfall hazard area and has slopes greater than 40%. Although an environmental impact report is not yet required, the applicant performed a geologic hazard study. The study concluded that the rockfall hazard can be mitigated. A certified wildlife biologist, Rick Thompson, has also reviewed the proposal in regards to its potential impact on wildlife. Rick Thompson explained that the study focused on the four (4) species of greatest concern: bighorn sheep, elk, peregrine falcon, and black bear. Thompson explained the range of the bighorn sheep in the area and stated that the Bighorn sheep winter range overlaps the subject property. While development of the site would result in a further loss of winter habitat, the location of the subject property is in an area whose habitat effectiveness has been reduced by existing human disturbance and development. There should be a minimal impact on the bighorn sheep habitat area associated with the development of the Housing (H) parcel. Thompson stated that the situation for elk is similar to bighorn sheep. For peregrine falcons, there should be no meaningful impact to the nesting cliff above the subject property. In regards to black bear, Thompson stated that bears are currently using the property, especially to feed in late summer. The development of the subject property may impact the black bear population, but may be addressed through wildlife mitigation plan. Thompson concluded December 5, 2017 - Page 206 0 by stating that wildlife will be impacted by any development on the subject property and the question is which type of development would minimize said impact. It is his opinion that rezoning to the Housing (H) and Natural Area Preservation (NAP) districts would minimize any negative impact to wildlife. Mauriello reviewed the applicant's responses to the rezoning criteria, including: 1.) compliance with the Vail Land Use Plan, Comprehensive Open Lands Plan, Vail 20/20 Plan, and Employee Housing Strategic Plan, 2.) suitability with the existing and potential land uses on the site and surrounding land uses, 3.) a harmonious and convenient, workable relationship among land uses, 4.) orderly growth of a viable community that serves the best interests of the community as a whole, 5.) the ability to mitigate any adverse impacts on the natural environment, 6.) consistency with the purpose statements of the proposed zone districts, and 7.) the change in conditions since the original zoning designation warrant the proposed zone district changes. Kurz — Asked what factors went into the determination of the size of the two (2) proposed zone districts. Mauriello responded that the decision was made based on geography and topography. Stockmar — Asked if the property remained Two -Family Residential (R) and went through the proper process, the subject property could be fully developed with houses and roads? Mauriello confirmed. Hopkins opposed the statement based on her belief the steep slopes would limit the amount of development on the subject property. Mauriello stated that the Two -Family Residential (R) district does not restrict construction on steep slopes. In the Housing (H) district, development cannot occur on steep slopes. Hopkins — Asked Rick Thompson about mountain goats or mountain lions. Thompson responded that mountain goats do not descend that low in elevation and mountain lions range may cover the area. Rediker asked for clarification of the source of information in determining the range for bighorn sheep. Thompson stated he relies upon Colorado Parks and Wildlife map, which was updated in the fall of 2016. Lockman asked what the secondary impact may be of the development on wildlife. Thompson stated that there may be some reduction in range as wildlife stays further away from development beyond the area of the subject property. Pets and occupant behavior could also impact the wildlife. Rediker — Stated his belief that a lot of the questions from the public will pertain to what will happen on the site and asked if there is any intention to include a free market component of the development of the site. Mauriello responded that there is no intent, unless there was a creative idea as to how such development could be incorporated. Hopkins — Asked if the applicant is considering any commercial use. Mauriello responded that they are not considering commercial uses at this time, but a developer has not yet been selected. Perez — Asked if there is an estimate for a total number of employee housing units available. Mauriello responded that it is premature, but at minimum one could assume the same number of units that would be allowed by right under existing zoning. December 5, 2017 - Page 207 0 Rediker — Asked for clarification of the steep slopes on the subject property. Rediker opened the item for public comment. Julie Hansen, Board President, Falls at Vail — Concerned with the lack of a master plan for the east Vail area as there is development opportunity within the four corners of the Interstate -70 interchange. Asked if the Natural Area Preservation (NAP) district is a permanent designation. Expressed concern with flooding into the bus stop area. There are also moose in the area that were not addressed in the wildlife study. Bill Eggers — Is concerned about the impact on the Booth Falls neighborhood, which is already congested with traffic. Stated his belief that most of the people that support Vail Resorts' request live down valley. Expressed his displeasure with the amount of vehicles parked for the Booth Falls trail. Molly Morales, Vail Local Housing Authority — Expressed VLHA's support for the proposed rezoning. Dr. Penny Wilson — The Bald Mountain Road neighborhood is also impacted by the existing level of traffic congestion. Opposed to creating more traffic in the area. Disagreed with Thompson's statement that bighorn sheep do not come down to the North Frontage Road during the winter. Believes that the proposed rezoning may be the lesser of two (2) evils. Lauren Phillips, Vail Ski Patrol — Supports the rezoning of the property to allow for Vail Resorts' employees to be part of the community. Jeff Wiles — Believes something must be done to help keep employees in town or else Vail will no longer be a world class resort community. Alan Danson — Opposes the proposal due to the location of the proposal. Employee housing needs to be addressed, but not through this proposal. Suggests the town - owned property east of Solar Vail and west of Middle Creek be swapped with the subject property. Richard Leslie — Wants the PEC to deny the rezoning, but does not deny that employee housing is a town need. Believes that the applicant knows the number of units and building height that will be proposed. A development plan should be attached to any rezoning approval. Pam Stenmark — Is not necessarily against the rezoning or employee housing, but is concerned about approval without any development plan. Concerns about impacts on bus service and wildlife and the ability of the neighborhood to support a large development. Susan Bird — Is concerned that this proposal, if approved, will set a precedent for other areas of town. Alison Wadey, Vail Chamber & Business Association - Expressed the board's support for the rezoning. The serious discussion about housing is now. Don't kick this down the December 5, 2017 - Page 208 0 road just because its a hard decision. Mike Steimle — Mentioned his previous experience with rezoning with the Vail Mountain School. Feels threatened by employee housing to the east and west of his property and would like the subject property to remain as is. There are too many unknowns associated with this proposal. Lee Kuhlke — Opposes the proposal. East Vail's character is completely residential and this proposal would change that. Opposes another megastructure like those to the west of the subject property. Is concerned about setting a precedent for other areas in town. Pati Marsh — Opposes the proposal. Believes it is important to maintain the existing zoning. Does not deny the need for employee housing, but this is not a reasonable solution. Believes alternative locations exist that are better for employee housing. Kim Bell Williams, Eagle County Housing Director — Eagle County is short 4,500 homes. Expressed Eagle County's support for the proposal. Believes that it is important towards creating a sense of community. Carl Cocchiarella — Believes that there is a strong sense of community as evidenced by the turnout for the public hearing. Is concerned about the impact on wildlife. Suggested Ever Vail as a better location for employee housing. Mary McDougall, member of the VLHA — VLHA is fully vested in trying to create community and has been aggressive in trying to obtain employee housing because of the danger to the community that a lack of housing represents. Expressed the need for available land and a willing private partner to create employee housing. Supports the proposal. Joe Joyce — Employee housing is critical to the town, and the proposal is a benefit to the town and the people that live and work in town. Doug Scofield — Believes that this is an essential development for the town and is a step in the right direction. Bobby Lipnick — Supports the rezoning request. Acknowledges that people do not like employee housing in their backyard. The proposal will help with the survival of the community for the next 50 years. While there is no perfect solution to the housing problem, this is a commitment to workforce housing. Recommends the applicant consider a percentage of the development be market -rate housing. Feels it is important in creating a sense of community. Michael Hazard — Believes that should the request be approved, the PEC should strongly evaluate the potential character of any housing development to ensure that it creates a sense of community. Gina Grisafi — Discussed her experience with subdividing a lot and being told that her proposal would increase density too much. Asked why Vail Resorts should be allowed to do something to improve their financial position when she was not. Brian Eggleton — As a resident of Minturn that works year-round for Ski and Snowboard December 5, 2017 - Page 209 0 Club of Vail, he supports the proposal as it will provide more affordable and employee housing within the town. Approving the proposal would allow for more of a balance between mountain and resort community. Jason Plante — Is concerned about the impact on wildlife. Does not trust just the wildlife study in making a decision. Kirk Dwyer, Ski and Snowboard Club of Vail — Supports the proposal as employee housing is a necessity within the County. Zoning needs to adapt to the conditions and be able to house young professionals. Wolf Mueller — Believes Vail Resorts should increase their employee compensation so that employees can help solve the housing problem on their own. Becky Vickers — Discussed her experience commuting from Eagle -Vail to a job with Vail Resorts. Is concerned about the impact of the proposal on bighorn sheep. John Bailey — Is concerned about the impact on wildlife, but trusts the expert studies presented. Believes there are positives associated with the proposal and supports the proposal. Public comment was closed. Stockmar — Emphasized that there is no development plan associated with the rezoning request. Discussed the issue of the potential duplex or single-family development that could be built by right on the whole parcel versus a limited area of employee housing with the guarantee of a large area of open space. Any development would require a thorough review process as the next step. Kurz — Concurs with Commissioner Stockmar. Added that he lives in the neighborhood and is familiar with the issues. The affordable housing issue is critical to the long term survival of the community. Perez — Have to find a balance between wildlife preservation, addressing density concerns, and providing employee housing. Believes there is a transparency issue created by the applicant in not specifying the number of units proposed, building height, etc. Hopkins — Stated that she believes the process the applicant will have to go through in order to get any development approved will result in a benefit to the town. Lockman — Thanked the public for their input. In regards to the request, he concurs with Commissioner Stockmar that there is no specific project associated with this request and that the PEC will have the ability to control the specifics of the project as it moves forward. Believes that the proposal meets all of the criteria required for a rezoning request. Rediker — Thanked the public for their input and urged them to continue to be involved in PEC meetings. Concurred with Commissioners Stockmar, Lockman, and Kurz and believes the project complies with the rezoning criteria. Rediker cited specific ways in which the proposal meets said criteria. Understands the concerns regarding potential December 5, 2017 - Page 210 0 density and impact on wildlife and encourages the public to maintain their interest as the project moves forward to make sure these concerns are addressed. Agrees that it is odd that an applicant can request a rezoning without a development plan, but if that is a problem, it is up to the Town Council to change the rezoning procedures. 6. A request for final review of an amendment to a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, pursuant to Title 12, Chapter 16, Vail Town Code, for an existing healthcare facility, amending the development plan to allow for the reconstruction of the east wing, including healthcare facilities, ambulance district facilities, heliport building and associated structured parking located at 180 South Frontage Road West (Vail Valley Medical Center)/Lots E, F and 2E, Vail Village Second Filing, and Lot 2E-1, Block 1, Vail Lionshead Filing 1. (PEC17-0022) Applicant: Vail Valley Medical Center Planer: Jonathan Spence Motion: Approve, with twelve (12) conditions First: Kurz Second: Stockmar Conditions: Vote: 6-0-0 1. This Conditional Use approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application(s); 2. VVMC provides a construction management plan for review and approval by town staff prior to the issuance of building permit for the East Wing; 3. Prior to the issuance of a building permit for the East Wing, the applicant shall provide an updated drainage study for review and approval; 4. Prior to the issuance of a building permit for the East Wing, the applicant shall provide an updated Traffic memo for review and approval; 5. Prior to the issuance of the first certificate of occupancy for the East Wing, the applicant shall demonstrate compliance with the required employee generation mitigation; 6. Prior to the issuance of the first certificate of occupancy for the East Wing, the applicant shall provide the town with the necessary easement or other legal instrument for public access through the property from the South Frontage Road to West Meadow Drive (the north/south pedestrian connection). A public easement for those portions of the West Meadow drive public walk that extend onto VVMC's property shall also be provided; 7. During the restoration of the W. Meadow Drive paver sidewalk, the Art Flow Line shall be restored back to its original configuration and alignment. A detailed survey of the flow line shall be completed prior to demolition, so that the flow line can be restored in the exact alignment and width. Contact Public Works department prior to reinstalling the Art Flow Line; 8. Prior to the occupancy or use of any of the identified shell space, the December 5, 2017 - Page 211 0 applicant shall have obtained an amendment to this conditional use permit, per 12-16-10, Amendment Procedures, Vail Town Code; 9. Prior to the issuance of a building permit for the East Wing, the applicant shall amend the existing development agreement with the Town of Vail to: • Outline roles and responsibilities of VVMC related to the South Frontage Road improvements including: o The snow melting, operation and maintenance of the South Frontage Road and West Meadow Drive sidewalks with a recognition that the snow melting in front of the MPB may be delayed until its redevelopment; o All improvements shown on the provided plans related to improvements to the South Frontage Road that are located south of, and including, the new curb and gutter including sidewalk, concrete bus pull out, landscaping, irrigation and lighting; o A $15,000.00 contribution towards the construction of a bus stop structure; o The construction of or the payment for a maximum of two storm water inlets and 75' of associated storm sewer piping immediately adjacent to the property within the South Frontage Road ROW; and o The construction of a right turn lane if determined to be necessary through consultation with the Town of Vail and CDOT. • Update traffic fee mitigation requirements to reconcile the Transportation Impact Fee for the 118 net new trips or 110,225 net new square feet of development, in accordance with the pending new Vail Transportation Impact Fee; • Require an employee generation audit for the East Wing; and • Address obsolete or unnecessary provisions. 10. The applicant shall adhere to the Plan for Managed Parking Program, August, 2017, in all matters referenced unless amended per 12-16-10, Amendment Procedures, Vail Town Code; and 11. The applicant shall adhere to the management plan for the operation of the loading facility, included on pages 20-22 of the application narrative, unless amended per 12-16-10, Amendment Procedures, Vail Town Code. Specifically, as outlined in the VVMC Site Specific Redevelopment Master December 5, 2017 - Page 212 0 Plan (pages 19-21), the allowance of loading and delivery utilizing West Meadow Drive is allowable only under a certain set of conditions. Principal among these conditions is that under no circumstances will vehicles be allowed to back in or out of the loading facility. Any vehicle unable to meet this required condition, due to size or other characteristics, shall use the West parking lot and shall at no times be permitted to access the loading facility. 12. Prior to the issuance of a Building Permit for the East Wing, the applicant shall obtain title to Lot 2E-1, Vail/Lionshead, Second Filing, Block 1, a resubdivision of Lot 2W, according to the plat to be recorded in Eagle County, Colorado. Spence introduced the application. This is the fifth, and hopefully final, hearing on this application. The Master Plan identifies the development objectives for the expansion of the hospital, 10 of the objectives are relevant to the East Wing phase. The proposal meets the development objectives of the Master Plan and the Town Code. Applicant requests a Condition of Approval contingent upon the applicant obtaining title to the adjacent property. Tom Braun, Braun Associates — We worked long and hard to identify the development objectives. These objectives made our job easier. We told you we would come back to identify the employee housing. We will buy units for deed restriction. We have identified how we meet the review criteria. A bike share program is proposed to allow and guests employees to run errands. We propose to add landscaping up on the second level, with taller trees. We will add more plantings between road and sidewalk. We will work with town staff to determine the actual size, and also working on more detail for the railing on the second floor deck. Lockman — How will the bike share be managed? Braun indicated that they will need to work on how that will happen. Rediker — Parking for contractor and workers during construction, will this be a real concern, and what are the solutions? Braun — Peak time will be 250 people working. We expect about 60 people in the first year, then about double that in year 2. Then the peak will be when we have all trades working on site. We cannot tell you there will be no parking in Lionshead, but we will direct workers where they should park. Many contractors bring their employees in shuttle vans. Public Comment — Gwen Scalpello — Asked at the last meeting of the impact of traffic on Meadow Drive. We have ambulances on Meadow Drive. Some loading and delivery will be moved to Mountain Plaza; that sounds like a good thing. Request that we get more detail on deliveries from semi -trucks. We should find out the total impact of traffic on Meadow Drive. Commissioner Comments — Lockman — Applaud applicant. Each item has been addressed as needed. Vail Health is an asset in Community. This will be a great project. I will always have concerns about December 5, 2017 - Page 213 0 parking in community. But applicant has a good plan to address parking. Hopkins — Agree. Staff will make sure the restaurant looks great. Perez- I did not see if the parking plan is part of the conditions (Spence, construction management plan is part of the conditions.) Kurz — Appreciate the new landscaping, I know it's in a narrow corridor, but it will enhance that area. Traffic management will be difficult, but this applicant can handle it. Stockmar — Appreciate the work that staff and applicant have performed. The contingency space will ensure that it will be a long time before we do this again. It will be an excellent project Rediker — Impress upon staff, prior to building permit, we need to address contractor parking. That is my concern, we cannot blow it off. We can't allow them to take up parking in the parking garage; we need those spaces for our guests. Spence handed out a revised condition #9, and a new condition #12. Rediker — Read revised Condition #9, regarding the concrete pull out at South Frontage Road, to add clarification language. He also read a new Condition #12, concerning obtaining Title and ownership to Lot 2B-1. 7 A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, located at 1 Vail Road/Lots A -C, Vail Village Filing 2, and setting forth details in regard thereto. (PEC17-0038) Applicant: Braun Associates, Inc. Planner: Matt Panfil Motion: Approve, with conditions First: Kurz Second: Lockman Conditions: Vote: 6-0-0 1. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property; 2. Prior to issuance of any certificate of occupancy for any unit associated with the altering of the unit mix and/or unit count in the subject property, the applicant shall cause an offsite Town of Vail deed restriction to be recorded with the Eagle County Clerk and Recorder for an employee housing unit, with a minimum of two -bedrooms and 788 square feet, located within the Town of Vail; and 3. Prior to issuance of any building permit for altering the unit mix and/or unit December 5, 2017 - Page 214 0 count in the subject property, the applicant shall pay to the Town of Vail a traffic mitigation fee, the amount of which is yet to be determined, per net new P.M. peak hour vehicular trip. Panfil began by instructing the PEC that if any motion for approval were to be made, condition of approval number two (2) on Page 18 of the staff memo, should be changed to read, "prior to issuance of any certificate of occupancy" instead of, "prior to issuance of any building permit." The request is for a major amendment to the SDD due to the proposed change in the unit mix. There may be some minor exterior alterations which will require Design Review Board review, but they are not relevant to this specific request. Panfil reviewed the current mix of fractional fee units (FFUs), dwelling units (DUs), accommodation units (AUs), and employee housing units (EHUs) on site. The applicant is proposing to: 1.) add eight (8) AUs to increase the total number of AUs from 122 to 130; 2.) add twelve (12) DUs to increase the total number of DUs from 16 to 28; and 3.) reduce the number of FFUs from 19 to six (6). To achieve the proposed unit mix, the applicant will: 1.) convert three (3) suites to three (3) DUs; 2.) convert nine (9) FFUs to nine (9) DUs; 3.) convert four FFUs to 16 AUs; and 4.) convert two (2) suites to four (4) AUs. A total of 18 AAUs / lockoffs will be added to the twelve new DUs. There are no changes to development standards such as setbacks and building height. There is no increase in GRFA, therefore there are no inclusionary zoning fee required. However, the amendment does increase the parking demand by 19 spaces, from 211 to 230 parking spaces. The applicant is proposing 20 additional parking spaces. The additional parking spaces will be created by restriping of the parking spaces to allow for compact vehicle spaces. Said compact vehicle spaces are permitted by Town Code. There is no physical construction associated with the new parking spaces. Panfil stated that based on the change in unit mix, the commercial linkage formula generates 0.28 new employees. The applicant has proposed to deed restrict a minimum two-bedroom unit at least 788 square feet in size. Lockman — Asked about the existing 28 deed restricted units on site. Panfil responded that the 28 EHUs were negotiated as part of the original SDD agreement, prior to the existing town requirements. Tom Braun, Braun Associates, Applicant's Representative — Braun explained that since purchasing the property in November 2016, the new owners, Extell, have a new vision for the property. Braun described the history of the property, back to its former use as a Holiday Inn. He explained how the SDD, especially the proposed unit mix, has changed over time; Fractional Fee Units have been reduced multiple times. The current proposal is for 130 AUs, 28 AUs, and 6 FFUs. There is a hotel suite that is 5,000 sq. ft. in size. Someone thought that was a good idea when this was first built. Extell has a lot of data on the types of rooms in demand, and how much their guests spend in the restaurant. Fractional Fee Units were the buzz in the 90s and in response the town added FFUs as listed in the late 90s. Some Four Seasons have had successful sales of Fractional Fee Units, but some are still available for sale. In Scottsdale, they only sold one-third of the units. The reality is there are 13 unsold unites at this site. There are also more suites December 5, 2017 - Page 215 0 than needed. This property has 37 suites, which is far too many. The owners want to increase unit count and bed count in order to be able to generate funds to add revenue to a capital improvement fund. What is good for the owners is also good for the Town of Vail. The proposal works within the units on site and where changes can be made. The owners have evaluated what they want to accomplish, but also what they could achieve based on current floor plans, code considerations, and carrying capacity of the resort. There are also cost and efficiencies to consider. Braun continued by stating that there is no exterior expansion proposed. He discussed the expansion of number of parking spaces. The resort has valet parking that allows minor deviations to the standards. They will accommodate employee housing for 2.25 people, which is above and beyond the 0.28 required by code. The average AU size is approximately 500 square feet. Rediker — Asked for clarification on the new parking spaces. Braun responded that the proposal is to restripe the existing parking garage to create 20 new parking spaces. Panfil — Added that the Town Code allows 25% of parking spaces to be compact spaces. Staff calculated 21.3% of the spaces will be compact. Kurz — Asked if the layout of the garage allows for restriping without constructing spaces while still meeting code and if the applicant had data pertaining to the usage of the parking lot. Braun confirmed that the layout of the garage allows you to restripe and meet code without any additional construction. He stated that there have been days when the hotel was at 99% occupancy, such as on the Fourth of July, when there were 158 of the existing 211 parked spaces occupied. That is the most intense utilization. Kurz — Asked the applicant to define their premise of "what's good for the applicant is good for the town." Braun — The applicant is providing almost two (2) more EHUs than required. The resort will have a higher occupancy rate with the new unit mix, and that is good for the town. Rediker — Asked if the AAUs / lockoffs will be required to be offered for rent or at the option of the owner. Braun — The applicant cannot require participation in renting the unit, but they will provide incentives. At the very least, the town is assured of eight (8) new hotel rooms. Rediker — Asked for further clarification of the unit mix. Tom Noonan, Extell — Some of the Fractional Fee Units will be converted to dwelling units. Perez — Asked for clarification as the language on page 14 of the staff memo. She wanted it made clear where the new deed restricted EHU will be located, on or off site. She suggested a change to the language for the second condition of approval. Public Comment — Gwen Scalpello, HOA President at 9 Vail Road — There are easements between the two December 5, 2017 - Page 216 0 properties. One is specific to parking on the Four Seasons property for 9 Vail Road residents. There is a requirement for Four Seasons to provide six (6) parking spaces for 9 Vail Road residents. She added that when the Four Seasons was first approved, increasing the number of hot beds was an issue and she understands that part of this request. Panfil — Described the existing and required parking, as well as the additional parking. Braun — Until now the six (6) spaces have been included within the garage. The applicant is adding 20 spaces. He does not believe that the requirement to accommodate parking for 9 Vail Road will be impacted. Stockmar — Asked to confirm whether or not 9 Vail Road's access to parking will be impacted by the proposed changes. Gwen Scalpello — They were valet parking, and should be accommodated. Stockmar — This project makes sense economically Kurz — Agrees. Perez — Agrees. Hopkins — Agrees. Lockman — Agrees. Rediker — Fractional fee units are not being productive. It is a benefit to the town to add accommodation units. He supports the application. 8. Approval of Minutes August 28, 2017 PEC Results Motion: Approve First: Kurz Second: Stockmar Vote: 6-0 9. Adjournment Motion: Adjourn First: Stockmar Second: Kurz Vote: 6-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. December 5, 2017 - Page 217 0 Proposed Amendments to SDD No. 36, Series 2005 Four Seasons Resort and Residences Vail July 2017 The purpose of this report is to provide a comprehensive description of amendments proposed to the Four Seasons Resort and Residences Vail (Four Seasons) Special Development District No. 36, as amended by Ordinance #20, Series 2005. Information provided herein and under separate cover have been prepared in accordance with Section 12-9A-4: Development Review Procedures for Special Development Districts as outlined in the Town of Vail Zoning Regulations. Amendments to SDD #36 are intended to allow for the renovation of the Four Seasons that will include, among other things, the upgrading of common areas and guest rooms and the reconfiguration of existing accommodation units, fractional fee units and dwelling units. Proposed amendments will not result in any new square footage to the building. Exterior changes to the building are limited to minor refinements such as new windows, deck improvements and sidewall flues for new fire places (none of these improvements would require amendments to the existing SDD). This application is submitted on behalf of Ex Vail LLC (Ex Vail), an affiliate of Extell Development Company and Parkland. Ex Vail acquired the property in November of 2016. Property acquired by Ex Vail includes the hotel, all resort amenity areas (spa, conference facilities, restaurant/lounge, etc.) and thirteen unsold Fractional Fee Units (FFU's). Sixteen Dwelling Units (DU's) and six FFU's have previously been sold to other parties by the original developer of the project. (The six FFUs include one unit in which only 10 fractional shares have been sold. This application treats that FFU as a fully sold unit.) These sold units are not a part of this SDD amendment. Information provided below includes: 1. Background on the Four Seasons Resort and Residences Vail 2. Ex Vail's Goals for Property 3. Proposed SDD amendments 4. SDD Review Criteria 5. Appendix Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 1 December 5, 2017 - Page 218 0 Background on Four Seasons Resort and Residences Vail A Holiday Inn hotel and gas station existed on the subject site prior to the Town granting approvals for the redevelopment of the property. The Holiday Inn included 120 hotel rooms (Accommodation Units, or AU's), along with a restaurant, a small amount of meeting space and other accessory uses. The property was previously zoned Public Accommodation (PA) and with the SDD approval the underlying zoning of the property remains PA. Development approvals for the Four Seasons were originally established by Ordinance #14, Series 2001. Ordinance #14 established SDD No. 36 that allowed for the development of the following: • 116 AU's • 15 DU's • 40 FFU's • Retail, restaurant, conference and health club/spa space, and • 4,971sf of employee housing. Ordinance #9, Series 2003 amended SDD No. 36 and allowed for the development of the following: • 118 AU's • 18 DU's • 22 FFU's • Retail, restaurant, conference and health club/spa space, and • 34 employee housing units Ordinance #20, Series 2005 amended SDD No. 36 and allowed for the development of the following: • 122 AU's • 16 DU's • 19 FFU's • Retail, restaurant, conference facilities and health club/spa space, and • 28 employee housing units It is interesting to note that with each amendment the number of AU's and DU's remained fairly constant while the number of FFU's was significantly reduced from 40 to 22 and finally to 19. Construction of the project began in 2006 and after resolution of many issues during the construction process the Four Seasons opened in December of 2010. Barclays Bank, lender on Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 2 December 5, 2017 - Page 219 0 the project, assumed ownership of the property from the original developers in 2009. Ex Vail acquired the property in November of 2016. Four Seasons Hotels has an 80 -year agreement with Ex Vail to manage the hotel. Ex Vail's Goals for the Property Ex Vail's goal for the Four Seasons is to renovate the property to better balance the mix of residential uses in order to improve its financial performance and in doing so create a viable resort property that is sustainable over the long term. Since originally approved, two factors have impacted the performance of the property: • Nearly ten years passed from the time the project was originally approved until it opened. The luxury lodging industry changed significantly during that period, particularly the fractional industry and consumer's preference for interior design and unit size. In many respects, the project's design and the mix of hotel and related residential uses were obsolete the day the hotel opened. • From 2011 to the day the property transferred to Ex Vail, the property was owned by a bank. Financial institutions are not particularly well-suited to operating luxury hotels and as such the property was managed with a lack of focus or long-term vision. Ex Vail's personnel have extensive experience with luxury properties, coupled with Ex Vail's working relationship with Four Seasons Hotels, the project team has brought a new perspective and long-term vision that involves a more holistic approach relative to all aspects of the property — guest lodging, fractional fee units, dwelling units and other properties amenities (restaurants and lounges, conference facilities, health club, spa, etc.). Fundamental to this perspective is the importance of establishing the proper balance of all uses within the resort. Ex Vail has identified three specific issues with the Four Seasons that need to be addressed to make the property viable for the long term: FRACTIONAL FEE UNITS When the Four Seasons was approved in 2001 the fractional fee product, while in its infancy, was considered an innovative approach that would be a boon to the lodging and vacation/second home industries. At about this time the Town of Vail adopted regulations to allow for this type of land use. The 40 FFU units approved for the Four Seasons in 2001 are an indication of how bullish the real estate industry was on fractional units. At this same time, virtually all high-end lodging operators got involved in the development and/or management of fractional fee projects. Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 3 December 5, 2017 - Page 220 0 While there have been successful fractional projects, the fractional fee industry has significantly regressed in the past ten years. Fractional components at other Four Seasons have had experiences similar to Vail (i.e. thirteen fractional units remain unsold). In Jackson Hole, twenty fractional units were constructed in 2003 and fourteen years later they are still not sold out. In Costa Rica twenty fractional units were originally planned but only five were developed due to limited demand. In Punta Mita slow sales of fractional units resulting in their conversion to whole ownership. In Scottsdale only 33% of planned fractional units were constructed. Most luxury hotel operators have either abandoned or significantly curtailed fractional programs or are no longer involved in the development of new fractional projects. Previous amendments to the Four Seasons SDD gradually reduced the number of FFU's, from 40 units in the original approval to the 19 units that were actually built. Only 6 of the 19 FFU's were sold and Ex Vail currently owns 13 unsold FFU units. Lack of sales is clear indication of the markets lack of interest in the fractional product. These unsold units, while currently in the hotel's rental pool, are generally over -sized and not viable short-term rental units. Other than during peak periods these fractional units do not perform well in terms of occupancy or revenue per square foot. A major aspect of the amendments proposed to SDD #36 is to re - purpose these unsold FFU units. UNIT MIX The Four Seasons unit mix is currently not appropriate, both from the stand point of the market's interest and with respect to the number and type of rooms needed for a well- balanced resort hotel. The hotel currently has 37 suites (this number includes the 13 unsold FFU's) which constitute 28% of the total number of guest rooms. Based on industry standards this is a disproportionately high percentage of suites. For example, the percentage of large, traditional suites at the Park Hyatt in Beaver Creek, the Ritz-Carlton Bachelor Gulch and the Sonnenalp ranges between 4-9%. Many of the Four Seasons suites are also over -sized. A major aspect of the amendments proposed to the SDD is to reduce the number of suites and create a better balance of rooms that is more in keeping with industry standards. CONDITION AND DESIGN OF HOTEL Consumer tastes and expectations for luxury lodging properties has changed significantly from the time the Four Seasons was designed and constructed. The interior design of the hotel is not in keeping with consumer interest. This consideration, coupled with the fact that the hotel has seen nearly seven years of use, has created the need to upgrade common areas (hallways) and all hotel rooms. While SDD amendments are not required to make these improvements, the Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 4 December 5, 2017 - Page 221 0 SDD amendments will allow for other changes that will among other things provide the "economic engine" necessary to implement renovation of common areas and hotel rooms. Proposed SDD Amendments Amendments proposed to SDD No. 36 will change the approved mix of AU's, DU's and FFU's that are currently permitted on the property. These changes and zoning considerations are addressed below. As no exterior expansions are proposed and no new square footage will be added to the building, relevant zoning considerations are limited to parking and employee housing. The fundamental objective of these amendments is to improve the financial performance of the resort, be it from increasing the number of hotel rooms, improving the occupancy of hotel rooms, or increasing the number of "live beds" by including individually owned condominiums in the hotel's rental pool. Ultimately, improving the financial performance of the resort in ways that benefit Ex Vail and Four Seasons will also result in improved financial performance for the Town of Vail, whether from improved hotel occupancy or increased sales or transfer tax revenues. An overview of how these amendments will benefit not just Ex Vail, but also the broader community is provided below. APPROACH TO PROJECT The Four Seasons has been in operation for seven years and were Ex Vail to make no changes to the property the hotel would likely continue to operate for another seven years and beyond. However, to make no changes would do nothing to improve performance nor to establish the long-term sustainability of the resort. Among other things, this means that the hotel would not generate sufficient revenue to fund future capital investment in the facility. Based on seven years of Four Seasons Resort Vail operations and the collective experience of Four Seasons and Ex Vail's management in the high end residential and resort markets, changes to the hotel necessary to correct this situation have been identified. In essence, the changes below reflect what would be done differently (working within the physical limitations of the existing building) if the hotel were being built for today's market: Increase the number of hotel rooms The hotel's standard, entry level (non -suites) rooms have historically been the best performing rooms and while there is some seasonal variation these rooms perform well throughout the year. A calculated increase to the number of hotel rooms is necessary to improve hotel performance. Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 5 December 5, 2017 - Page 222 0 Reduce the total number of suites The property has too many suites, particularly large suites. This situation is exacerbated by the unsold fractional fee units. There is a critical need to reduce the number of large suites to be more in line with industry standards. Re -purpose unsold fractional fee units The 13 unsold FFU's are in the hotels rental pool and they perform relatively well during peak times but because of their large size are not productive rental units during much of the year. Revenue per square foot from these units is far less than that of standard hotel rooms, these unsold units are a drain on the overall performance of the property. These units need to be re -purposed to some other use. Create additional for -sale real estate There is strong demand for residential for -sale product and in the high-end resort residential market there is increasingly strong demand for hotel run rental programs for such units. The creation of additional for sale condominiums (DU's) can provide the economic engine to fund other improvements to the property and provide units that can participate in the Four Seasons' rental program. Lock -off units Lock -off units associated with condominiums have been embraced by the market place. Well run, incentivized rental programs have proven to be an effective way to increase the supply of rental units for the hotel while providing owners with revenue from the rental of their condominiums. Lock -off units are a particularly valuable tool in providing the hotel with flexibility in responding to periods of peak demand. PROJECT AND DESIGN PARAMETERS Given the objectives above, Ex Vail and the Four Seasons spent many months studying the existing facility to define a plan that would most efficiently and effectively implement these changes. Considerations, or parameters listed below influenced final renovation plans that are reflected by this SDD Amendment. These included: Carrying capacity of hotel amenities Maintaining the appropriate balance between the number of hotel guests and hotel amenities is critical, particularly at a high-end resort hotel. The Four Seasons common areas and amenities (lobby space, restaurants and bars, spa and health club, conference facilities, pool, etc.) all have a finite capacity. These amenities were Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 6 December 5, 2017 - Page 223 0 originally sized for the current hotel and in most cases, it is not feasible to increase the size of these facilities. As such, existing common areas and amenities establish a limitation of sorts on the type and extent of changes to the overall unit mix. Layout of the existing building/code requirements As a renovation, the design of the existing building directly affects where changes can be made and the nature of changes that may be feasible. An example of this is the limitations created by existing hallways. In most cases hallways cannot be changed and they relate directly to each unit's building code egress requirements. In many cases options for unit conversions were directly impacted by such considerations. Unit locations and views History has shown the quality of views from hotel rooms does not directly impact guest revenue (while a mountain view room rents for more than a room with a highway view, a good mountain view room does not rent for more than a great mountain view room). The opposite is true of for -sale real estate. View considerations were a factor in determining the location of new for -sale units and new hotel rooms. Parking The existing parking structure cannot be expanded. The addition of hotel rooms and lock -off units requires increased parking. While increased parking is proposed via re - striping of standard spaces to compact spaces, there is a limit to additional parking that can be provided. As such, parking requirements are a significant consideration in the type of changes proposed to the properties overall unit mix. Four Seasons standards Four Seasons Hotels have explicit standards for the size, quality and features of their hotel rooms. These standards directly influenced decisions on where new or renovated hotel rooms could be created. Cost and efficiency The costs necessary to complete renovations along with projected returns were considered in making final decisions on future improvements. Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 7 December 5, 2017 - Page 224 0 PROPOSED CHANGES TO UNIT MIX Ordinance #20, Series 2005 amended SDD No. 36 to allow for the development of the following: • 122 AU's • 16 DU's • 19 FFU's Proposed amendments to SDD No. 36 would result in the following: • 130 AU's • 28 DU's (with 18 total lock -off units) • 6 FFU's A floor by floor comparison of existing units and proposed unit changes has been provided under separate cover. Below is a summary of how the proposed unit mix will be accomplished: Conversion of three large suites to three DU's These hotel suites (which in total comprise ten "keys" or AU's) range in size from 2,400sf to 5,000sf. The suites do not perform well due to their size and lack of kitchen facilities. They are simply too large to be a rental product. These suites are proposed for conversion to three DU's. These three DU's will include a total of eight lock -off accommodation units. This change will address the problem of too many large hotel suites. The sale of these units will provide some of the capital necessary to support hotel improvement plans and the lock -off units will provide important assets for the hotel's rental program. Conversion of nine FFU's to nine DU's The conversion of these nine units can be accomplished very efficiently and doing so will address two issues — the need to re -purpose these under -performing units and to reduce the number of large hotel suites. Prior to sale each of these units will be completely renovated with updated interiors and furnishings. An additional bedroom/bath will be added to seven of these units, increasing the resorts overall pillow count. hese nine new DU's will include a total of ten lock -off accommodation units. Conversion of four FFU's to sixteen AU's These specific units were identified for conversion to AU's primarily due to their location and access/hallway conditions that can meet building code egress and other Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 8 December 5, 2017 - Page 225 0 code requirements. These conversions will address issues with under -performing FFU's and will reduce the number of large hotel suites. More importantly the conversion of these units will result in a significant number of new AU's. The size of these new AU's is comparable to the hotel's best performing hotel rooms (standard sized, entry level rooms) and based on past experience are expected to maintain solid occupancy rates throughout the year. Conversion of two Suites to four AU's Two large hotel suites will be converted to four standard hotel rooms and in doing so will reduce the number of large suites while increasing the number of standard, entry level hotel rooms. ZONING CONSIDERATIONS Proposed amendments will not increase the square footage of the building nor affect the exterior of the building in a manner that would require PEC approval. As such, the only relevant zoning considerations are parking and employee housing. Parking The 2005 amendment to SDD No. 36 establishes the parking requirement for the Four Seasons to be 211 spaces. The existing SDD also acknowledges that "215 spaces provided". All parking at the hotel is managed by 24/7 concierge services which includes valet spaces. Below is a summary of the new parking demand from the proposed amendments: Four Seasons SDD Amendment Parking Analsyis 11 -Jul -17 Existing Existing New Net Lock Off Lock Off Land Use Condition Parking Req. Converted to Parking Req. Parking Units Parking Req. Coversion of 3 Suites 10 A.U.'s 7,0 spaces 3 D.U.'s 4.2 spaces -2.8 8 (5 req parking) 3.5 to Condos (DU's) Conversion oft Suites 2 A.U.'s 1.4 spaces 4 A.U.'s 2.8 spaces 1.4 0 0 to 4 hotel rooms (AU's) Conversion of9 Fractional 9 F.F.U. s 6.3 spaces 9 D.U.'s 12.6 spaces 6.3 10 (4 req parking) 2.8 to 9 Condos (DU's) Conversion of 4 Fractional 4 F.F. U. s 2.8 spaces 16 A.U.'s 11.2 spaces 8.4 0 0 to 16 lodge rooms (AU's) New Parking Req. w/multi-use credit (5%) 13.3 6.3 19.6 18.62 Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 9 December 5, 2017 - Page 226 0 Based on the matrix above the proposed amendments will require nineteen additional parking spaces. Existing dimensions between columns will allow for these additional spaces to be provided by re -striping standard sizes spaces to compact spaces. Existing and proposed parking plans are attached at the end of this report. Employee Housing The Four Seasons was developed prior to the Town codifying employee housing requirements. Notwithstanding the fact that there was no formal employee housing requirement at that time, in accordance with SDD No. 36 the project includes 28 on-site employee housing units. These units are dormitory style and each provides housing for two people. The town's housing ordinances for Inclusionary Zoning and Commercial Linkage address re -developments as follows: Inclusionary Zoning Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this chapter. Commercial Linkage Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this chapter. Below are the four proposed unit conversions and how they affect employee generation: Conversion of 3 hotel suites to 3 Condominiums — this change does not increase GRFA nor does it increase the number of AU's, as such the conversion generates no additional employees. Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 10 December 5, 2017 - Page 227 0 Conversion of 2 hotel suites to 4 AU's — this change will add 2 new AU's. At .7 employees per AU the conversion generates 1.4 employees. Conversion of 9 FFU's to 9 Condominiums - this change does not increase GRFA nor does it increase the number of AU's, as such the conversion generates no additional employees. Conversion of 4 FFU's to 16 AU's — The addition of 16 new AU's results in new employee generation of 11.2 employees and the requirement to house 20%, or 2.24 employees. However, this increased demand needs to be considered in context with the reduction of four FFU's. Employee generation from the four FFU's is determined based on the Inclusionary Zoning's 10% housing requirement. The four FFU's total 10,312 sf, which requires 1,031sf of employee housing. In order to equate the employee requirement (from Commercial Linkage) with the square foot requirement (from Inclusionary Zoning), it is assumed that the 1,031sf requirement could provide four 250sf dormitory style units, each of which based on town code houses 1 employee. This results in the four FFU's creating a housing requirement for 4 employees. As the housing requirement from the existing four FFU's is greater than the housing requirement of the proposed 16 AU's, there is no new housing requirement from this conversion. Based on the above, proposed SDD amendments will result in new employee generation of 1.4 employees. Regulations require 20% of these employees to be housed, or housing for .28 employees. To mitigate new employee generation Ex Vail proposes to acquire and then deed restrict a 2 -bedroom dwelling unit in excess of 788 square feet. Based on town standards a unit of this type can accommodate 2.25 employees. Proposed mitigation will exceed requirements by nearly 2 full employees. BENEFITS FROM PROPOSED AMENDMENTS Ex Vail's fundamental goal is to renovate the Four Seasons to establish a more balanced mix of residential uses in a way that will improve its financial performance and in doing so create a viable resort property that is sustainable over the long-term. An underlying premise of this effort is that improvements which benefit Ex Vail and the Four Seasons will also benefit the Town of Vail through increased occupancy, increased sales tax revenue and increased RETT revenues. The proposed amendments will accomplish the following: Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 11 December 5, 2017 - Page 228 0 • The proposed mix of units will establish a proper balance of unit types that will enhance hotel operations and revenues. Over -sized, under -performing units are eliminated. Units to be created are optimally -sized to enhance occupancy and revenues. • The total number and type of units proposed for the hotel have been designed to be in keeping with the carrying capacity of resort's amenities, an important consideration that will ensure quality guest experiences. • A net increase of eight new hotel rooms will be created, bringing the total number of hotel rooms to 130. More importantly, the new hotel rooms with be standard sized, entry level type rooms. Historically these types of units have been among the best performing unit types at the hotel and have the highest occupancy rates throughout the year. • Eighteen lock -off units associated with new dwelling units will be created. These units provide the hotel with the flexibility necessary to address demand for rooms, particularly during peak periods. Incentive programs will be established to encourage condominium buyers to include their lock -off units in the hotel's rental pool. Based on the success of similar programs in Vail, it is conservatively estimated that 50% of lock -off units will participate in the rental pool. • The sale of the newly created dwelling units will provide the revenue to fund capital improvements to the hotel, specifically the renovation of all hotel rooms and other common areas. Improved hotel performance is expected to provide increased revenues to fund a long-term, on-going capital improvement program. • Proposed unit conversions provide a solution to the thirteen unsold, under -performing fractional fee units. Conversion of the unsold units to DUs will remove them from the hotels rental pool and will increase the potential for dwelling unit owners to include their units in the rental pool (currently only four of sixteen condo owners participate in the rental pool). STANDARDS FOR EVALUATION OF PROPOSED AMENDMENTS Nine criteria prescribed by the SDD section of the zoning code will be used to review these proposed amendments. These criteria are geared primarily towards the design of a project and they focus on topics such as compatibility with the neighborhood, building scale and massing, architecture, landscape design, density, etc. Proposed amendments are exclusive to changing the existing mix of units and SDD criteria provide little guidance or direction with respect to how to determine the appropriate mix of units for a property such as this. Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 12 December 5, 2017 - Page 229 0 A clear indication of the Town's development objectives regarding unit mix, particularly with respect to the redevelopment of hotel properties, can be found in the Lionshead Redevelopment Master Plan (LHRMP). This Plan addresses the Evergreen Hotel and the potential opportunities that could be realized from the redevelopment of this existing hotel property. This is particularly relevant in that the development of the Four Seasons involved the redevelopment of an existing hotel property (the 120 -unit Holiday Inn). While encouraging the redevelopment of the Evergreen property, the LHRMP states: The Evergreen Lodge presently contains 128 short term accommodation units. In addition, The Evergreen Lodge also contains a restaurant, lounge, spa, and meeting space facilities incidental to the operation of the Lodge. Given the importance and need for short term accommodations to the vitality and success of the community, any future redevelopment of the site shall ensure the preservation of short term accommodation units on the site. The preservation of short term accommodations should focus on maintaining the number of existing hotel beds and the amount of gross residential square footage on the site as well as requiring the preservation of 128 accommodation units. In essence, this element of the LHRMP defined an "equivalency standard" for the redevelopment of hotel properties and established the Town's objectives, or expectations for the redevelopment of hotel properties. While this type of standard was not formally in place when originally approved, the Four Seasons complies with this standard (120 hotel rooms were existing, 122 were replaced along with increased square footage devoted to hotel rooms). Proposed amendments to the Four Seasons results in a net increase to hotel rooms from 122 to 130 and as such would exceed this equivalency standard. The unit mix proposed by these amendments to the Four Seasons is clearly in keeping with the Town's objectives for the redevelopment of hotel properties. SDD Review Criteria The SDD chapter of the Town Zoning Code prescribed nine criteria to be used to evaluate the merits of a proposed Special Development District. The SDD sections states: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 13 December 5, 2017 - Page 230 0 These criteria and response to each are outlined below. 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. Response: There are no changes proposed to the property that would have any effect on the considerations outlined above. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Response: There are no new uses proposed by these amendments. While changes are proposed to the mix of units, there is not a significant change to density or the intensity of development on the site. For example, increases proposed to the number of dwelling units are off -set by a reduction to the number of FFU's. Proposed amendments do not affect the compatible, workable relationship that has been established between the Four Seasons and surrounding uses and activities. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Response: Proposed amendments are in compliance with parking requirements. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Response: Ex Vail's fundamental goal is to renovate the Four Seasons to establish a more balanced mix of residential uses in a way that will improve its financial performance and in doing so create a viable resort property that is sustainable over the long-term. An underlying premise of this effort is improvements that will benefit Ex Vail and the Four Seasons will also benefit the Town of Vail, be it through increased occupancy or increased sales tax or RETT revenues. These goals are consistent with many aspects of the Town's Comprehensive Plan and town policies. 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. Response: This criterion is not applicable to the proposed amendments. Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 14 December 5, 2017 - Page 231 0 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. Response: This criterion is not applicable to the proposed amendments. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Response: The proposed amendments will have no appreciable effect on traffic considerations. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Response: This criterion is not applicable to the proposed amendments. 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. Response: This criterion is not applicable to the proposed amendments. Four Seasons Resort and Residences Vail Amendment to SDD No. 36 Page 1 15 December 5, 2017 - Page 232 0 • • ORDINANCE NO. 20 SERIES OF 2005 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 9, SERIES OF 2003, PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT, AND AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36 IN ACCORDANCE WITH CHAPTER 12-9A, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 12-9A of the Town of Vail Zoning Regulations permits the adoption of Special Development Districts; and WHEREAS, Vail Development, LLC, has submitted an application for a major amendment to Special Development District No. 36, Four Seasons Resort; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held public hearings on the application; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for the amendment of special development districts and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 36, Four Seasons Resort, complies with the nine design criteria outlined in Section 12-9A-8 of the 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 approval of the major amendment to Special Development District No. 36, Four Seasons Resort, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and December 5, 2017 - Page 233 of • • WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed Approved Development Plan for Special Development District No. 36, Four Seasons Resort. 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 Ordinance No. 20, Series of 2005, is to adopt an Approved Development Plan for Special Development District No. 36, Four Seasons Resort, and to prescribe appropriate development standards for Special Development District No. 36, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District No. 36 shall remain Public Accommodation zone district. Section 2. Establishment Procedures Fulfilled, Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 36, Four Seasons Resort. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 36 The Special Development District is hereby amended 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 recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 36, Four Seasons Resort, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are December 5, 2017 - Page 234 0 • significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards - Special Development District No. 36. Four Seasons Resort Development Plan - The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials prepared by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of Vail, dated August 8, 2005: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan c. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan >♦ W e. C6. Shallow Utility Plan f. A-2.0.1 Level 1 Plan (132') g. A-2.0.2 Level 2 Plan (140',142') h. A-2.0.3 Level 3 Plan (152') A-2.0.4 Level 4 Plan (162') j. A-2.0.5 Level 5 Plan (172') k. A-2.0.6 Level 6 Plan (182') A-2.0.7 Level 7 Plan (192') m. A-2.0.8 Level 8 Plan (202') n. A-2.0.9 Level 9 Plan (212') o. A-2.0.10 Level 10 Plan (222') p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations December 5, 2017 - Page 235 0 t • r. A-5.0.2 Elevations s. A-5.0.3 Elevations t. A-8.0.1 Site Plan North u. A-8.0.2 Site Plan South v. A-9.0.1 Landscape Pian North w. A-9.0.2 Landscape Plan South x. A-10.0.1 Building Height Calculations — Absolute Height/Interpolated Contours y. A-10.0.2 Building Height Calculations — Maximum Height/Interpolated Contours z. A-10.0.3 Building Height Calculations at Proposed Grades aa. A-11.0.1 Existing Circulation bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off-site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations Permitted Uses— The permitted uses in Special Development District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Uses— The conditional uses for Special Development District No. 36, Four Seasons Resort, shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. December 5, 2017 - Page 236 0 • w • Density— Units per Acre - Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units — The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units —16 Accommodation Units —122 Fractional Fee Club Units —19 Type ID Employee Housing Units - 28 Density— Floor Area — The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specifically: GRFA -177,609 square feet Retail — 2,386 square feet Restaurant/Lounge — 5,946 square feet (seating capacity) Conference Facilities —11,139 square feet Health Club and Spa —18,577 square feet Setbacks— Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height - The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance December 5, 2017 - Page 237 0 • • • (89 feet maximum). Site Coverage - The maximum site coverage allowed for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or 71%). Landscaping - The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (35,268 square feet or 30%). Parking and Loading - The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (211 spaces reauired, 215 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Approval Agreements for Special Development District No. 36. Four Seasons December 5, 2017 - Page 238 of • Resort The approval of Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: 1. That the developer shall provide deed -restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 56 employees on the Four Seasons Resort site, and that said deed -restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2 of first reading of Ordinance No. 20, Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal • of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 9. That the required Type III deed -restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. December 5, 2017 - Page 239 0 • 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non -adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, storm -water discharge, etc.) prior to issuance of a building permit. 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. eo That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building December 5 2017 - Pa.e 240 • in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development, and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design -related issues for final Design Review Board review and approval: a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. b. The cross -slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. c. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd -West Meadow Drive path reads as 185.5?(Typo) k. Railings shall be provided for paths where necessary I. Show edge of existing pavement for Frontage road on civil plans and show match point. m. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. p. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years • from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the December 5, 2017 - Page 241 0 • completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 25. That the Developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. • Section 6. 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 7. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. December 5, 2017 - Page 242 0 INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of December, 2005, and a public hearing for second reading of this Ordinance set for the 3rd day of January, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: 44°)I-Xd4 iorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3`d day of January, 2006. • ATTEST: Pit -62-1 Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk December 5, 2017 - Page 243 0 • Exhibit A: TOWN OF VAIL MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into on the 3rd day of January, 2006, by and between VAIL DEVELOPMENT LLC., a Minnesota corporation and the TOWN OF VAIL a Municipal corporation, situated in the County of Eagle, State of Colorado. WHEREAS, Vail Development LLC is planning the development and construction of a mixed use project consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee housing units and related facilities at 28 South Frontage Road and 13 Vail Road, Vail Colorado (Lots 9A and 9C, Vail Village 2nd Filing) currently and commonly known as the Chateau at Vail hotel and the Alpine Standard/Amoco gasoline station; 0WHEREAS, in connection with its proposed mixed use development Vail Development C, is requesting from the Town of Vail certain entitlements pursuant to its applications for a major amendment to Special Development District No. 36, a conditional use permit for Type III Employee Housing Units, a conditional use permit for a Fractional Fee Club and a rezoning of Lot 9A, Vail Village 2"4 Filing; WHEREAS, in connection with the applications and requested entitlements, Vail Development, LLC, is required by the Town of Vail to make certain off-site/public improvements (as specifically set forth in detail below) along South Frontage Road and West Meadow Drive consistent with the Town of Vail Streetscape Master Plan, as amended; WHEREAS, as a condition to the second reading of Ordinance No. 20, Series of 2005, the parties are required to enter into this Memorandum of Understanding setting forth the • December 5, 2017 - P. ge 244 of • responsibilities, obligations and requirements of the parties in connection with said offsite/public improvements to be performed by Vail Development, LLC, NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: I. DEFINITIONS 1. When used in this Memorandum of Understanding, the following terms shall have the following meanings unless otherwise specifically defined. The singular shall include the plural and the masculine gender shall include the feminine and the neuter unless otherwise required by the context. "Improvements" shall mean those off-site/public improvements as specifically defined in Section III below. "MOU" shall mean this Memorandum of Understanding agreement and all exhibits annexed hereto. "Vail Development" shall mean Vail Development, LLC, a Minnesota corporation, whose address is 600 Foshay Tower, 821 Marquette Avenue South, Minneapolis, Minnesota 55402; Attention: Thomas J, Brink "Parties" shall mean both Vail Development and Town of Vail. "Project" shall mean the mixed use project being planned by Vail Development and consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee housing units and related facilities to be located at the Property, which mixed use project is the subject of Ordinance No. 20, Series 2005. December 5, 2017 - Page 245 0 • • "Property" shall mean those properties commonly known as the Alpine Standard/Amoco gasoline station and the Chateau at Vail hotel, located respectively at 28 South Frontage Road and 13 Vail Road, Vail Colorado - Lots 9A and 9C, Vail Village 2' Filing. "Town of Vail" shall mean the Town of Vail, a municipal corporation, whose address is 75 South Frontage Road, Vail Colorado 81657; Attention: II. PURPOSE 2. The express purpose of this MOU is to establish the mutual responsibilities, obligations and requirements of the Parties hereto regarding the Improvements to be performed by Nicollet in connection with Vail Development's entitlements and Project. These Improvements are required to be made by Vail Development based upon the design and functionality of the Project or as specifically required by the Town of Vail in connection with Vail Development's entitlements. III. VAIL DEVELOPMENT'S OBLIGATIONS 3. Vail Development shall be responsible, at its sole cost and expense, except as specifically provided herein, to complete and perform the following (collectively, the "Improvements") in connection with the Project: (a) South Frontage Road. Vail Development shall perform the following improvements along the South Frontage Road, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) widen the south side of South Frontage Road and install a left turn lane in South Frontage Road to the entrance of the hotel and a corresponding left turn lane to the entrance of the existing Town of Vail Police Station; (ii) install medians in South Frontage Road from the main roundabout to the western lot line of the OScorpio Condominium property; (iii) provide all landscaping and lighting within the December 5, 2017 - Pag • • proposed South Frontage Road median to be constructed by Vail Development; (iv) install an attached heated paver sidewalk/walkway (6 to 8 feet wide) adjacent to the South Frontage Road from the bus stop adjacent to the Weststar Bank east along the Scorpio Condominium property and the Property to Vail Road including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary; (v) relocate the fire hydrant adjacent South Frontage Road; (vi) - - --t ---p --- -- ---,� , \ � - �-.� ..�� u, w asia� adjacent Vlli to South Frontage V11tGL�N 1\V QLL, and `V 1J pavement overlay from the centerline of South Frontage Road to the property line of the Property from the main roundabout west to the bus stop adjacent to the Weststar Bank (subject to timing and coordination of the CDOT overlay project that will be at CDOT's sole cost and expense). (b) Vail Road. Vail Development shall perform the following improvements along the Vail Road, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) install an attached heated paver sidewalk/walkway (6 to 8 feet wide) adjacent to Vail Road from the South Frontage Road south along the Property to 9 Vail Road property, including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary; (ii) relocate the Spraddle creek piping and install new box culverts; and (iii) pavement overlay from the centerline of Vail Road to the property line of the Property from the main roundabout (South Frontage Road) south to the property line of 9 Vail Road. along West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, (c) West Meadow Drive. Vail Development shall perform the following state and local laws, statutes, ordinances and regulations: (i) install an attached heated paver December 5, 2017 - Page 247 0 Valk/walkway (6 to 14 feet wide, or as required by the final approved Town of Vail Streetscape Master Plan for West Meadow Drive) adjacent to West Meadow Drive from the western most side of Mayors' Park west along the 9 Vail Road property and the Property to the western most property line of the Property, including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary and to match, and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive; (ii) all design improvements along West Meadow Drive from the centerline of the right-of-way to the property line of the Property and the 9 Vail Road property from the western most side of Mayors' park west to the western most property line of the Property (specifically including any drainage and grade tie-ins necessary beyond the western most property line of the Property), including all drainage, lighting, art, streetscape enhancements, utility relocation, edge treatments, curb and gutter aeandscaping as necessary and to match and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive. (d) Pedestrian Walkway. Vail Development shall perform the following improvements along the western property line of the Property from the South Frontage Road to West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) design and install an attached heated pedestrian sidewalk/walkway along the western property line of the Property from the South Frontage Road south to West Meadow Drive, including all lighting retaining walls, railings, utility relocation, drainage and landscaping as necessary. (e) Spraddle Creek. Vail Development shall perform the following improvements in connection with Spraddle Creek, using new and first class materials, as approved by twn of December 5, 2017 - Page 248 of • • • Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations. (i) relocate the Spraddle creek piping and install new box culverts, as necessary. IV. EASEMENTS 4. Vail Development shall be responsible, at its sole cost and expense, to prepare and submit all applicable roadway, drainage, and pedestrian easements for dedication in connection with the Project or the Improvements to the Town of Vail for review and approval by the Town of Vail, Town Attorney and all such easements shall be filed and recorded with the Eagle County Clerk and Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Property. V. TOWN OF VAIL'S OBLIGATIONS 5. Once the Improvements have been completed by Nicollet and accepted by the Town of Vail, the Town of Vail shall be responsible for all maintenance, upkeep, watering, mowing, trimming, weed control, snow removal, debris removal, repair and replacement of any and all Improvements located in a public right of way or in a public easement, including any and all cost and expenses associated directly or indirectly therewith (except the Town of Vail shall have no obligation to heat or repair the heat for the sidewalks) and Vail Development shall have no continuing or further obligations or responsibilities in connection therewith. VL FINANCIAL GUARANTEE REOUIREMENTS 6. Nicollet shall provide and post with the Town of Vail a Bond in the total amount of One Hundred Fifty Percent (150%) of the total cost of the Improvements (as mutually determined and agreed to by and between Vail Development and the Town of Vail), to provide financial security to the Town of Vail and to assure the completion of the Improvements by Vail Development. The December 5, 2017 - Page 249 0 *Bond shall be provided and posted with the Town of Vail prior to the issuance of a building permit for the Project. VII. MISCELLANEOUS PROVISIONS 7.1 Amendments. This MOU and all documents and instruments executed in connection herewith may be amended, modified or supplemented only by a written instrument, executed by the party against which enforcement thereof may be sought. 7.2 Binding, Effect. This MOU shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. The obligations assumed and agreed to be performed by each party hereunder with respect to the Property shall be binding upon such, party and their respective successors, assigns and transferees. The covenants of the Parties contained herein are intended by the parties to be covenants which run with the land under applicable law. Vail Development, LLC, agrees to make any transfer of any interest in the Property subject to the •obligations contained in this MOU. 7.3 Colorado Law. This MOU shall be construed and enforced In accordance with the laws of the State of Colorado. 7.4 Time of Essence. Time is of the essence of this MOU. In the event the provisions of this MOU require any act to be done or action to be taken hereunder on a date which is a Saturday, Sunday or legal holiday, such act or action shall be deemed to have been validly done or taken if done or take on the next succeeding day which is not a Saturday, Sunday or legal holiday. 7.5 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute a separate document but all of which together shall constitute one and the same • December 5, 2017 - Page 250 0 •reement. Signature and acknowledgment pages may be detached and reattached to physically form one document. 7.6 Attorneys' Fees. If legal action is commenced in connection with the enforcement, interpretation, or breach of any provision of this MOU, the Court as part of its judgment shall award reasonable attorneys' fees and costs to the prevailing party. 7.7 Invalidity of Certain Provisions. Every provision of this MOU is intended to be several. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 7.8 Entire Agreement. This MOU and the documents referenced herein set forth all the covenants, promises, agreements, conditions and understandings among the Parties concerning the onubject matter hereof and there are no covenants, promises, agreements, conditions or derstandings, either oral or written, between them other than as are herein set forth. All negotiations and oral agreements acceptable to both parties have been merged into and are included herein, it being understood that this MOU supersedes and cancels any and all previous negotiations, arrangements, understandings and representations and none thereof shall be used to interpret or construe this MOU. 7.9 Notices. All notices, certificates or other communications required to be given to the Town of Vail or Vail Development, LLC, hereunder shall be sufficiently given and shall be deemed given when delivered, or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: • December 5, 2017 - Page 251 of • • If to the Town of Vail; Town of Vail c/o 75 South Frontage Road Vail, Colorado 81657 If to Vail Development, LLC: Vail Development LLC, c/o Thomas J. Brink 600 Foshay Tower 821 Marquette Avenue South Minneapolis, Minnesota 55402 7.10 No Third Party Beneficiary. This MOU and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 7.11 Indemnification. Vail Development, LLC, agrees to indemnify and hold the Town of Vail harmless against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees, which the Town of Vail may hereafter sustain, incur or be required to pay by reason of any negligent act or omission or intentional act of Nicollet, its agents, officers, employees, contractors, or subcontractors, which is incurred in connection with or is of any nature whatsoever arising out of the construction or the installation of the Improvements which Nicollet is required to perform under the terms of this MOU. 7.12 Termination. So long as the Town of Vail approval, for the Special Development District No. 36 - Four Seasons Resort remains valid and has not terminated by passage of time or otherwise, this MOU may not be terminated, in whole or in part, without the mutual written consent of the Parties Hereto December 5, 2017 - Pag • above. WHEREFORE, the Parties hereto have executed this MOU as of the date first set forth STATE OF MINNESOTA VAIL DEVELOPMENT, LLC By: Thomas J. Brink Its: Vice President & General Counsel TOWN OF VAIL By: I t s ss ACKNOWLEDGMENT BY VAIL DEVELOPMENT, LLC December 5, 2017 - Page 253 0 •0UNTY OF HENNEPIN This instrument was acknowledged on the day of , 2006, before me a notary within and for said County by Thomas J. Brink, the Vice President and General Counsel of Vail Development, LLC, a Minnesota corporation, on behalf of the corporation. Notary Public December 5, 2017 - Page 254 • STATE OF COLORADO ) ss ACKNOWLEDGMENT BY TOWN OF VAIL COUNTY OF EAGLE On the day of said County, personally appeared known and by me duly sworn, the , 2006, before me a notary public within and for to me personally of the Town of Vail, a municipality named in the foregoing instrument and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its acknowledged said instrument to be the free act and deed of said municipality. w 1 December 5, 2017 - Page 255 • 1476 PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated December 24 A.D. 2005 and that the last publication of said notice was in the issue of said newspaper dated December 24 A.D. 2005. In witness whereof has here unto set my hand this 29th day of Dec- 1) se, 2015 Or - J blisl r L &ral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 29th day December, 2005. // Pamela Joan Schu Notary Public My Commission expires: November 1, 2007 December 5, 2017 - Page 256 of 567 • e C30 - Saturday, December 24, 2005 The Daily Classifieds 975.9937 / vaildaily.com ORDINANCE NO. 20 SERIES OF 2005 AN ORDINANCE REPEA AND RE-ENACTING ORDINANCE NO. 9, SERIES OF 2003, PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT, AND AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36 IN 4 ACCORDANCE WITH CHAPTER 12-9A, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS. Chapter 12-9A of the Town of Vail Zoning Regulations permits the adoption of Special Development Districts: and WHEREAS. Vail Development. D.C. has submitted an application for a major amendment to Special Development District No. 36, Four Seasons Resort: and WHEREAS. in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held public hearings on the application; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for the amendment of special development districts and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS. the Vail Town Council finds that the proposed amendment to Special Development District No. 36. Four Seasons Resort. complies with the nine design criteria outlined lo Section 12-9A-6 of the 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 approval of the major amendment to Special Development District No. 36. Four Seasons Resort, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and wHEHEns, ail notices as required hyte Town__ MV IM,icin lfnde have been . nt to the appropriate parries_ and WHEREAS. the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed Approved Development Fan for Special Development District No. 36. Four Seasons Resort. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO. 'THAT: Section 1. Pgleoas o1 the Ordinance The purpose of Ordinance No 20, Series of 2005, is to adopt an Approved Development Plan for Special Development District No. 36. Four Seasons Resort and to prescribe appropriate development standards tor Special Development District No. 36, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying' zone district for Special Development District No 36 shall remain Public Accommodation zone district. Section 2. Establishment Procedures Fulfilled PlanningCommisMon Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning 8 Environmental Commission for the major amendment to Special Development Orsincl N. 36, Four Seasons Resort. Requests for the amendment of a special development district follow the procedures outlined to Chapter 12-9A of the Vail Town Code. section 3. Special PevabwMnt District No. 36 The Special Development District is hereby amended to assure comprehensive develcpnenl and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities. and promote Be goats, objectives and policies of the Town ci Vail Comprehensive Plan. Special Development District No. 38, Four Seasons Resort, is regarded as Icing compernmtary to the Town of Vag by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there e significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. peyelooment Standards - Special Development District No. 36. Four Seasons Resort 139vtloume0 Plan - The Approved Development Plan for Special Development District No. 36. Four Seasons Resort. shall include** following plans and materials prepared by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of Vail. dated August 8, 2005: a C1. Existing Conditions Plan o . C3. Water and Sanitary Sewer Fan c. C4. Grading and Drainage Fan d. C5. Erosion and Sediment Contra Plan e. C6 Shallow Utility Plan f. A-2.0.1 Level 1 Plan (132') g A-2.0.2 Level 2 Plan (140.142') h. .U203 Level 3 Plan (152') i.A-2.0.4 Levet 4 Plan (162') j. A-2.0.5 Levels Plan (172) k A-2.0.6 Level6 Plan (182') 1. A-20.7 Level 7 Plan (192') m. A-2.0.8 Level 8 Plan (202') n. A-2.0.9 Level 9 Plan (212') o. A-2.0.10 Level 10 Plan (222') p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations s. A-5.0.3 Elevations t A-80.1 Site Plan North • A-802 Site Plan South . A-9.0.1 Landscape Plan North w. A-90.2 Landscape Plan South 4. A-100.1 Building Height Calculations -Absolute Height/Interpolated Contours y. A-10.02 Building Height Calculations - Maximum Height/Interpolated Contours z. A-10.0.3 Building Height Calculations at Proposed Grades aa. A-11.0.1 Existing Circulation bb. A-11.0.2 Proposed Circulations cc. A-120.1 OB -site Improvements Fan rid. A-130.1 Landscape Area 0e. A-14.0.1 Hardscape Area 11. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Sne Coverage Below Grade hh. A-16.0.1 Streetscape Elevations Permitted Uses - The pettnttlsd mos in Special Devolepmeo District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. CondXlaW Wee- The serThe mrdPore' uses for Special Develolarem Datnot No. 36, Four Seasons Resod, shall be set font in Section 12- 7A-3 of the Town o/ Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 ofthe Town of Vail Zoning Regulations. Density- Unite pr Acre - Dwalling Units, Accommodation UNb, Fracoona/ Fie Club Units and Employes Housing Unita - The number of units permitted on Special Development District No. 36, Four Seasons Resort, shall not exceed the Dwelling Units - 48-18 Accommodation Units -449-122 Fractional Fee Club Units - 22 19 Type III Employee Housing Units - 34 al Landscaping - The minimum landscapearea requirement for Special Development District No. 36, Four Seasons Resod. shall be as set forth in.the Approved Development Plan referenced in Section 4 of this ordinance (35,266 square feel or 30%). Parting and Loading - The required number of off-street parking spaces and loading/delivery berths for Special Development District No, 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (211 spaces f€gojfffil. 215 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery 01 guest drop-oft/pick-up without the prior written approval of the Town of Vail. The reouired parking spaces shall not be individually sold, transferred. leased, conveyed, rented or restricted to any person other than a condominium owner. fractional fee owner. tenant, occupant or other user of the building. except that six (6) of the rewired spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject 10 the approval of the Town of Vail nor shall it Ilona the number f spaces avaliaole for sale or Inase to condominium and/or fractional fee owners. Section 5. Approval Agreements for5oecial Development Nelda No. 36. Four Seasons 99,40* The approval of Special Development District No. 36, Four Seasons Resor) shall be conditioned upon the demonstrated compliance with the following approval agreements: I. That the developer shall provide deed -restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) fora minimum of 56 employees on the Four Seasons Resort site, and that said deed -restricted employee housing shall be made available for occupancy. and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 2. That the Memorandum of Understanding as p10010000 Exhibit A, shag be adopted with the second reading of Ordinance No. 20. Series of 2006 This fulfills approval agreement number 2 of fest reading of Ordinance No. 20. Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk 8 Recorders Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complette color renderings for revie's and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Des1gn Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually scrmned from public view. 7. That the developer shall post a bond to provide financial security for Bre 150% of the total cost of the required oft -site public improvements. The bond shall he In place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all firo,deparirnml staging and arxxas requilements pursuant to Tile 14, Development Standards, Vail Tam Code. This will be demonstrated on a set d revised plans for Town review and approval prior to building Peart sutrnt8al. 9. That the required Type III deed -restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shell submit a written letter of approval lrorn Nene Vail Road Condominium Aes0clason, 11e Scorpio Condominium Association, and the Aphorn Condominium Association granting access to allow for the construction of sidewalk. drainage, Spraddle Creek relocalion, and landscaping improvements, respectively. prior to the issuance of a building permit 12. That the developer provides a 6 h. to 811 heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continying east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting. retaining. utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 11 That the developer shalt provide a heated pedestrian walk connection from the Frontage Road to Wes) Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication - to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 tor all net increase in pm traffic generation as shown in the revised April 4.2003, Tragic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center Vida, respectively being 155410847) = 40 net peak hips el 55,000 = $200,000. This fee will be offset by the cost of non -adjacent improvements constructed. 16. That the developer snail receive approval for all required permits (COOT access, ACOS, dewatering, storm - water discharge, etc.) prior to issuance of a building permit. 17. That the developer snail submit a full site grading and drainage plan for review and approval by the T and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains. landscape drains etc.. and how they will connect with the TOV storm system. The developer shall submit a1) 004I civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building perms. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board, 20. That the developer shall provide additional survey information o11he south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order 10 show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property lire from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all irnmovements, includin drainage liMin a0, slreetscape enhancements, edge treatments. curbs. he0led '3 , es,.efiy (TA15 at©on rdinete0 with the proposed Town of Vail Sireetacape plan for West December 5, 20 • The Dalt IssNleds 970.845 37 Vaildail .cam 0,':aeing -..its west of the Mating y access drive shall be curved/angled to order to 'bench' access drive wall. Top of wall elevation for the Fromag Meadow Drive path leads as 185 57(Typo) k Ra!mgs shall be provided tor paths where necessary I Show edge of exisling pavement for Frontage road on civil plans and show match point. m. Erosion control plan shall be updated_ n. Show grading around proposed electric vault_ o Show driveway grades, spot elevations on civil pans. p. Show additional TOWIBOW elevations on pool walls. 24 That the developer shall begin initial construction of the Four Seasons Resort within three years tram the time of is final approval at second reading ot the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project If the developer does not begin and eligently wok toward the completion ul the special development district or any stage o1 the special development district within the time limits imposed, the approval of said special development district shall be void, The Planning and Environmental Commiss.on and Town Council shall review ale special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12.96.4. Vail Town Code. 25 That the Developer Shall commit no act or MasSidl in any way to cause the current operation of the Chateau al Vail to cease until such time as a demolition permit is issued by the Department of Community Development. Seaion8- leve Detpet.tlte.Or Ordinance No_ 20, Series of 2005, shall take effect on January 3, 2006. Section 7. 11 any part. section, subserlon, sentence. clause or phrase or this ordenance is for any reason held to be invaltd. such decimal 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 pans, sections. subsections, sentences, clauses or phrases be declared invalid, Setion e. The repeal or the tepee! and re-enactment of any provisions of the Vail Municipal 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 dale hereof, any prosecution commenced. nor any other action or proceeding as commenced under or by virtue d the provision repealed or repealed and reenacted. The repeal of any pmviaon hereby shall not revive any provision or any Ordinance previously repealed Or superseded Unless expressly staled herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only 0) such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance. or pan thereof, heretofore repealed. INTRODUCED. READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20- day of December, 2005, and a public hearing or second reading of this Ordnance set for the 3" day of January 3, 2006, in the Council Chambers of the Vail Municipal Building, Vail. Colorado. Rodney E Slifer. Mayor ATTEST: Lorelei Donaldson, Town Clerk IIJ,WCLOE_V41L MEMORANDUM OF UNOS8SJANDIN1 This Memorandum of Understanding ,s made and entered info on the 20' May or December. 2005 by and between VAIL DEVELOPMENT LLC., a Minnesota corporation and the TOWN OF VAIL a Municipal corporation. situated in the County of Eagle. State of Colorado. WHEREAS. Vail Development LLC is planning the development and construction of a mixed use project • consisting primarily of a five star hotel. a fractional fee club, condominiums, retail, employee housing units and related facilites at 28 South Frontage Road and 13 Vail Road, Vail Colorado (Lots 9A and 9C. Vail Village "Fling) cunenty and commonly known as the Chateau at Vail hotel and the Alpine Standard/Amoco gasoline siaeon; WHEREAS. in connection with its proposed mixed use development Vail Development LLC. is requesting iron the Town of Vail certain entitlements pursuant 10 its applications fOr a major amendment to Special Development District No. 36, a conditional use permit for Type 111 Employee Housing Units, a conditional use permit fora Fractional Fee Club and a re3orlrg of Lot 9A, Vail Village 2, Filing; WHEREAS, in connection with the applications and requested entitlements, Vail Development. LLC, is required by the Town of Vail to make cenain off-see/public Improvements (as specifically set forth in detail below) along South Frontage Road and West Meadow Drive consistent with the Town of Vail Streetscape Master wan. as amended; WHEREAS. as a condition to the second reading of Ordinance No 20, Series of 2005. the parties are required to enter into this Memorandum of Understanding setting forth iheresponsibilaies, obligations and requirements of the parties in connection with said offsite/public improvements to be performed by Vail Developnlem, LLC. NOW. Tl€IIEFONE, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1 n this Memorandum of Understanding, the following terms Shall have the following meanings unless otherwise specifically defined. The Singular stall include the plural and roti masculine gender shall include the feminine and the neuter unless otherwise required by the context. improvements' shall mean those off-site/public improvements as specifically defined in Section III below. 'MOU' shall mean this Memorandum of Understanding agreement and all exhibes annexed hereto. 'Vail Development' shall mean Vail Development. LLC. a Minnesota corporation. whose address is 600 Foshay Tower. 821 Marquette Avenue South, Minneapolis, Minnesota 55402; Attention: Thomas 3, Brink 'Panes' shall mean both Vail Development and Town of Vail. 'Project- shall mean the mixed use project being planned by Vail Development and consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee housing units and related facilities to be located al the Property, which mixed use project is the subject of Ordinance No. 20- Series 2065. 'Property" shall mean (hose properties camenonly known as the Alpine Standard/Amoco gasoline station and Ilia Chateau at Vail hotel, located respectively at 28 South Frontage Road and 13 Vail Road, Vail Colorado - Lots 96 and 9C, Vail Village 2 Filing. 'Town o1IM" shall mean the Town of Vail, a municipal corporation, whose address is 75 South Frontage Road, Vail Colorado 81657; Attention; LLRV. 2. The express purpose of this MOU is to establish the mutual responsibilities. obligations and requirements of the Parties hereto 109014ing the Improvements to be performed by Nicollet in connection with Vail Development's entitlements and Project. These Improvements are required to be made by Veil Development based upon the design and functionality of the Project or as speceically required by the Town of Vail in connection with Vail Development's entitlements. M, VAR DEVELOPMENT'S OBLIGATIONS 3. Vail Development shall be responsible. at its sole cost and expense, except as specifically provided herein, to complete and perform the Meowing (collectively, the 'Improvements) in connection with the Project: (9) 9011111Fnnniipe Road Vail Development shall perform the following impr. Saturda Deceln 2005 — P' 031 Road south along the Property to 9 Val Road property. including all 1.96110 walls, railings, u81ity relocation, curb and gutter, drainage ata landscaping as necessary: (11) Spratldle creel. piping and install new box culverts: and (rn) pavement overlay from the centerline p. 10 the p1090119line Of the Property from the main roundabout (South Frontage Road) south to the property line of 9 Val Road. 31009 West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the Town ot Vail it Design Review Board and in accordance with all applicable federal. Nate and local laws, statutes, ordinance? and regulations. (1) install an attached heated paver Esidewalk/walkway (610 14 feat wide. or as required by the final approved Town of Vail Streetscape Master Plan liar West Meadow Drive) adjacent to West Meadow Drive from the western most side of Mayors' Park west along the 9 Vail Road property and the Properly to the western Most property line of the Property, including all lighting retaining walls, railings. utility relocation, curb and gullet, drainage and landscaping as necessary and to match and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive; (u) all design improvements along West Meadow Drive from the centerline of the right-of-way to the property line or the Property and the 9 Vail Road property from the western most side of Mayors' park west to the western most properly line of the Property (specifically including any drainage and grade lie -ins necessary beyond the western most property line of the Property), including all drainage, lighting, art. streetscape enhancements, utility ...on. edge treatments. curb and gutter and landscaping as necessary and to malch and be coordinated with the final approved Town of Vail STreelscape plan fa West Meadow Drive. (d) Ftedeafrinn Walkway. Vail Development shat perform the following improvements along the westem property line of the Properly from the South Frontage Road to West Meadow Drive. using new and 11101 Gass materials. as approved by the Town of Vail and the Town of Val Design Review Board and in accordance with all applicable federal. stale and local laws, statutes. ora,nances and regulations. (i) design and install an attached heated pedestrian srdowalWwalkway along the western properly line of the Property from the South Frontage Road south to West Meadow Ortve, including all lighting retaining walls, railings, utility relocation, drainage and landscaping as necessary. (e) Spradd/e Creek. Vail Development shall perform the hollowing improvements in connection with Spratldle Creek, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws. statutes, ordinances and regulations. (i) relocate the Spraddle creek piping and install new box curverts, as necessary. IV. EASEMENTS• 4. Vail Development shall be responsible, al its sole cost and expense. to prepare and submit all applicable roadway. drainage. and pedestrian easements for dedication in connection with the Project or the Improvements tome T of Vail for review and approval by the Town of Val. Town Attorney and all such easements shall be filed and recorded with the Eagle County Clerk and Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Properly. V TOWN OF VAIL'S OBLIGATIONS 5. Once the Improvements have been completed by Nicollet and accepted by the Town of Vail, the Town of Vail shall ba responsible for all maintenance, upkeep, watering, mowing, trimming, weed control, snow removal, debris removal, repair and replacement of any and all Improvements located in a public right of way or in a puble easement, including any.tand all cost and expenses associated directly or Indirectly therewith (except the Town of Vail shall have no obligallbn to heal or repair the heat for the sidewalks) and Vail Development shall have no continuing Or further obligations or responsibilities in connection therewith. 6. Nicollet shall provide and post with the Towd of Val a Bond in the total amount of One Hundred Fifty Percent (150%) of the total cost of the Improvements (as mutually determined and agreed to by and between Vail Development and tie Town of Vail), to provide financial security Io the Town of Vail and to assure the conpiation of the Improvements by Vail Development. The Bond shall be provided and posted with the Town of Vail prior to the issuance of a building perm0 for the Project. VE IN74CELLANEOUS PRDVISIORS 7.1 Amendme0Ls. This MOU and all documents and instruments executed m connection herewith may be amended. modified or supplemented only by a written instrument, executed by the party against which enforcement thereof may be sought. ' 7.2 Binding Effect This MOU shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. The obligations assumed and agreed to be performed by each party hereunder with respect 10 the Properly shall be binding upon such. party and their respective suuffcessors, assigns and transferees. The covenants of the Parties contained herein are intended by the parties to be covenants which run with the land under applicable law. Vail Development, LLG, agrees to make any transfer of any interest In the Properly subject to the obligations contained in this MOU. a.7.3 f nloeado Law This MOU Walt be cunelrued and enforced In accordance with the laws of the State of 7.4 Dime of Essence. Time is of the essence o1 this MOU. In the 00001 file provisions of this MOU require any act 10 be done or action to be taken hereunder on a date which is a Saturday, Sunday or legal holiday. such act or action shall be deemed to have been valid} done or taken if done or take on the next succeeding day which is nota Saturday, Sunday or legal holiday. 75 iicanter0ans This Agreement may be exaculed in counterparts, each of which shall constitute a separate document but all of which together shall constitute one and the same agreement. Signature and acknowledgment pages may be detached and reattached to physically form one document. 7.6 9ltnrneys' Fees. If legal action is commenced to connection with the entorcemenl. Interpretation. or breach of any provision o1 this MOU, the Court as part of its judgment shall award reasonable attorneys' fees and costs to the prevailing parry. 7.7 invalidity of Certain Provisions. Every provision of this MOU is intended to be several In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof. which terms and provisions shall remain binding and enforceable. 7.8 Egli lACIENmBoL This MOU and the documents referenced herein set forth all the covenants, promises. agreements, conditions and understandings among the Parties concerning the subject matter hereof and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as are herein sal forth. All negotiations and oral agreements acceptable to both parties have been merged into and are included herein, it bong understood that this MOU supersedes and cancels any and all previous negotiations, arrangements. understandings and representations and none thereof shall) be used to interpret or construe this MOU. 7.9 Notices. All notices, certificates or other communications required to be given to the Town of Vail or Vail Development, LLC, hereunder shall be sufficiently given and shall be deemed given when delivered. or when deposited in the United Stales mail, first class. with postage telly prepaid and addressed as follows:If to the T of Val] Town of Val c/o 75 South Frontage Road Vail. Colorado 81657 If to Vail Development LLC: Vail Development LLC. 0/0 Thomas J. 8401,600 Foshay Tower 621 Marquette Avenue South Minneapolis, Minnesota 55402 7.10 NoThird Party Beneficiary. This MOU and any f'nanaal guarantees required pursuant to its terms are not intended for the benefit o1 any third party. 7.11 indemnification. Vail Development, LLC, agrees to indemnify and hold the Town of Vail harmless against any and all liability, loss, damages. costs and expenses. including reasonable attorney's fees. which the Town of Vail may hereaher sustajn, incur or be required to pay by reason of any negligent act or omission or intentional act of Nicollet. its agents, officers, employees, contractors. or subcontractors. which is incurred in connection with or is of any nature whatsoever arising out of the construction or the installation of the Improvements which Nicollet is required to perform under the terms of this MOU, 7.12 Termination- So long as the Town of Vail approval tor the Special Development District No. 36 - Four Seasons Resort remains valid and has not terminated by passage of tine or otherwise, this MOU may not be t m�ti3d, wiRep, yn . _1V.al written consentPanes here to above. g® s this MOUesof the dale fast serfedi • • 1484 PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } L Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated January 06 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated January 06 A.D. 2006. In witness whereof has here unto set my hand this 06th day January /--JN lisher/Gen`er1 Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 06th day of January 2006. 11.11 PAMELA J• L i SCHULTZ ,9 •OF Cc - amela Joan Schultz Notary Public My Commission expires: November 1, 2007 December 5, 2017 - Page 259 of 567 • The Daily 1 toads 970.845.9937 / vaiidaily.com Friday, January 6, 2006 Page C29 ORDINANCE NO. 20 SERIES OF 2005 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 9, SERIES OF 2003, PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT, AND AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36 IN ACCORDANCE WITH CHAPTER 12-9A, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS. Chapter 12-9A of the Town of Vail Zoning Regulations permits the adoption of Special Development Districts; and WHEREAS, Vail Development, LLC, has submitted an application for a major amendment to Special Development District No. 36, Four Seasons Resort; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held public hearings on the application; and WHEREAS. the Planning & Environmental Commission has reviewed the prescribed criteria for the amendment of special development districts and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 36, Four Seasons Resort, complies with the nine design criteria outlined in Section 12- 9A-8 of the 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 approval of the major amendment to Special Development District No. 36, Four Seasons Resort, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS. all notices as required by the Town of Vail Municipal Code have been sem to the appropriate parties; and WHEREAS. the Vail Town Council considers it in the best interest of the public health. safety, and welfare to adopt the proposed Approved Development Plan for Special Development District No. 36, Four Seasons Resort. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. PMINSII of the Ordinance The purpose of Ordinance No. 20, Series of 2005, is to adopt an Approved Development Plan for Special Development District No. 36, Four Seasons Resort, and to prescribe appropriate development standards for Special Development District No. 36, in accordance with the provisions of Chapter 12- 9A. Vail Town Code. The "underlying" zone district for Special Development District No. 36 shall remain Public Accommodation zone district. Section 2. E.L411ahmifntftmetiun. EtltllSed.Planning Commission Brod The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 36, Four Seasons Resort. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. SpeoldQavelooment District No. 36 The Special Development District is hereby amended to assure comprehensive development and use of the area in a manner that would be harmonious with the general character 01 100 Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 36, Four Seasons Resort, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning 8 Environmental Commission. and has been amended because there are signfficant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. pityltivintrdAlandigsitipmtst Development D1ttrict No. 86. Four Season, Resort DeVelegreent Flan - The Approved Development Plan for Special Development District No. 36, Four Seasons Resort. shall include the fallowing plans and materials prepared by Zehren and Associates, Inc.. and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of Vail, dated August 8, 2005: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan c. C4. Grading and Drainage Plan tl. C5. Erosion and Sediment Control Plan e. C6. Shallow Utility Plan 1. A-2.0.1 Level 1 Plan (132') g. A-2.0.2 Level 2 Plan (140',142') h. A-2.0.3 Level 3 Plan (152') i. A-2.0.4 Level 4 Plan (162') A-2.0.5 Level 5 Plan (172') k. A-20.6 Level 6 Plan (182') I. A-2.0.7 Level 7 Plan (192') m. A-2.0.8 Level 8 Plan (202') n. A-2.0.9 Level 9 Plan (212') o. A-2.0.10 Level 10 Plan (222') p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations s. A-5.0.3 Elevations 1. A-8.0.1 Site Plan North u. A-8.0.2 Site Plan South v. A-9.0.1 Landscape Plan North w. A-9.0.2 Landscape Plan South x. A-10.0.1 Building Height Calculations - Absolute Height/Interpolated Contours Y. A-10.0.2 Building Height Calculations - Maximum HeighVlnterpolated Contours z. A-10.0.3 Building Height Calculations at Proposed Grades aa. A-11.0.1 Existing Circulation bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off-site Improvements Plan dd. A-13.0.1 Landscape Area ere. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hit. 4-16.0.1 Streetscape Elevations Permitted Uses - The permitted uses in Special Development District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Uses - The conditional uses for Special Development District No. 36, Four Seasons Resort, shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density- Units per Acre - Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employes Housing Units - The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units - 16 Accommodation Units - 122 Fractional Fee Club Units - 19 Type III Employee Housing Units - 28 Density- Floor Area -- The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36. Four Seasons Resort, shall be as set forth in the Approved Development Pian referenced in Section 4 of this ordinance. SR1:-LipadY. GHHA - 177,609 square feet Retail - 2,386 square fent Restaurant/Lounge - 5,946 square feet (seating capacity) Conference Facilities - 11,139 square feet Health Club and Spa - 18,577 square feet Setbacks - Required setbacks tor Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. . Height- _ The maximum building height for Special Development District No. 36- Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet • maximum). Site Coverage - The maximum site coverage allowed for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced In Section 4 of this ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or 71%). Landscaping - The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort. shall be as set forth in the Approved Development Plan referenced in 'Section 4 of this ordinance (35,268 square feet or 30%). Perking and Loading - The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (211 spaces required. 215 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The reeuired. parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant. occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building. subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or tractional fee owners_ Section5 Aoorovel Agreements for Spacial Development MUM, No. 36. Four Semen Bated The approval of Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: 1. That the developer shall provide deed -restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 56 employees on the Four Seasons Resort site, and that said deed -restricted employee housing shall be made available for occupancy, and that the dead restrictions shall be recorded with the Eagle County Clerk 8 Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 2. That the Memorandum of Understanding as provided in Exhibit A. shall be adopted with the second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2 of first reading of Ordinance No. 20, Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk 8 Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort; 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond W provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all sire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 9. That the required Type III deed -restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association. and the Alphom Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior 10 submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips. respectively being 155-(108+7) = 40 net peak trips ® $5,000 = 9200,000. This fee will be offset by the cost of non -adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (COOT access, ACOE, dewatering, storm -water discharge, etc.) prior to issuance of a building permit. 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department December 5, 2017 - Page 260 c • • • The Daily C 'flede 970.845.9937 / vaildaily.com ,The snow ro roval, debris removal, repair and replacement of any and ell Improvements located in a public right of way or in a public easement, including any and all cost and expenses associated directly or indirectly therewith (except the Town of Vail shall have no obligation to heat or repair the heat for the sidewalks) and Vail Development shall have no continuing or further obligations or responsibilities in connection therewith. VI. FINANCIAL GUMANTEE REQUIREMENTS 6 Nicollet shall provide and post with the Town of Vail a Bond in the total amount of One Hundred Fifty Percent (150%) of the total cost of the Improvements (as mutually determined and agreed to by and between Vail Development and the Town of Vail), to provide financial security to the Town of Vail and to assure the completion of the Improvements by Vail Development. The Bond shall be provided and posted with the Town of Vail prior to the issuance of a building permit for the Project. VII. MISCELLANEOUSPROVISION$ 7.1 ///amendments This MOU and all documents and instruments executed in connection herewith may be amended, modified or supplemented only by a written instrument, executed by the party against which enforcement thereof may be sought. 7.2 Binding Effect This MOU shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. The obligations assumed and agreed to be performed by each party hereunder with respect to the Property shall be binding upon such, party and their respective successors, assigns and transferees. The covenants of the Parties contained herein are intended by the parties to be covenants which run with the land under applicable law. Vail Development, LLC, agrees to make any transfer of any interest in the Property subject to the obligations contained ine Ibis MOU. 7.3 CQLQtasi4 Law This MOU shall be construed end enforced In accordance with the laws of the State of Colorado. 7.4 Time of Essence Time is of the essence of this MOU. In the event the provisions of this MOU require any act to be done or action to be taken hereunder on a date Which is a Saturday, Sunday or legal holiday, such act or action shall be deemed to have been validly done or taken if done or take on the next succeeding day which is not a Saturday, Sunday or legal holiday. 7.5 CQu11taroarts. This Agreement may be executed in counterparts, each of which shall constitute a separate document but all of which together shall constitute one and the same i agreement. Signature and acknowledgment pages may be detached and reattached to physically form one document. - 76 AttoLnea Fees. If legal action is commenced in connection with the enforcement, interpretation, or breach of any provision of this MOU, the Court as part of its judgment shall award reasonable attorneys' fees and costs to the prevailing party. 7.7 Invalidity of Certain Provisions Every provision of this MOU is intended to be several. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 7.8 Entire A0reonietll, This MOU and the documents referenced herein set forth all the covenants, promises, agreements, conditions and understandings among the Parties concerning the subject matter hereof and there are no covenants, promises, agreements. conditions or understandings, either oral or written, between them other than as are herein set forth. All negotiations and oral agreements acceptable to both parties have been merged into and are included herein, it being understood that this MOU supersedes and cancels any and all previous negotiations, arrangements, understandings and representations and none thereof shall Published in the Vail Daily January 6, 2006. Friday, January 6, 2006 'age C31 ue used to interpret or construe this MOU. 7.9 Notices. All notices, certificates or other communications required to be given to the Town of Vail or Vail Development, LLC, hereunder shall be sufficiently given and shall be deemed given when delivered, or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: II to the Town of Vail;Town of Vail c/o 75 South Frontage Road Vail, Colorado 81657 If to Vail Development, LLC: Vail Development LLC, c/o Thomas J. Brink 600 Foshay Tower 821 Marquette Avenue South Minneapolis, Minnesota 55402 7.10 No Third Party Beneficiary This MOU and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 7.11 Indemnification Vail Development, LLC. agrees to indemnify and hold the Town of Vail harmless against any and all liability, loss. damages, costs and expenses. including reasonable attorney's fees, which the Town of Vail may hereafter sustain, incur or be required to pay by reason of any negligent act or omission or intentional act of Nicollet. its agents. officers, employees, contractors, or subcontractors, which is incurred in connection with or is of any nature whatsoever arising out of the construction or the installation of the Improvements which Nicollet is required to perform under the terms of this MOU. • 7.12 Termination. So long as the Town o1 Vail approval tor the Special Development District No. 36 - Four Seasons Resort remains valid and has not terminated by passage of time or otherwise. this MOU may not be terminated, in whole or in part. without the mutual written consent of the Parties hereto above. WHEREFORE, the Parties hereto have executed this MOU as of the date first set forth VAIL DEVELOPMENT, LLC By: Thomas J. Brink Its: Vice President & General Counsel TOWN OF VAIL By: ss ACKNOWLEDGMENT BY VAIL DEVELOPMENT, LLC STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged on the day of , 2006, before me a notary within and for said County by Thomas J. Brink, the Vice President and General Counsel of Vali Development, LLC, a Minnesota corporation, on behalf piths corporation. Notary Public STATE OF COLORADO ) COUNTY OF EAGLE .5 ACKNOWLEDGMENT BY TOWN OF VAIL On the day at , 2006, Wore me a notary public within and for said County personally applared to me personally known and by me duly sworn, the o1 the Town of Vall, a municipality named In the foregoing Instrument and that the seal affixed to said Instrument was signed and sealed on behalf of sold municipality by authority of Its acknowledged said Instrument to be the tree act and deed of said municipality. 1 Thi SAPFOChar1tyIi December 5, 2017 - Page 261 0 TOWN Of UAJL VAILTOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading. BACKGROUND: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units (EHUs), located at430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. STAFF RECOM M ENDATION: On October 23, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail Town Council. ATTACHMENTS: Description Staff Memorandum A. Vicinity Map B. Draft Ordinance No. 9, Series of 2017 C. PEC Staff Memorandum, October 23, 2017, without attachments D. Project Narrative,October 12, 2017 E. Plan Set, September 14, 2017 (part 1) E. Plan Set, September 14, 2017 (part 2) F. Vail Village Master Plan (in part) G. Correspondence Recieved H. PEC Results for Ocotber 23, 2017 December 5, 2017 - Page 262 0 TOWN OF VAIL ` Memorandum TO: Vail Town Council FROM: Community Development Department DATE: December 5, 2017 SUBJECT: First reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs) and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC, represented by Mauriello Planning Group Planner: Jonathan Spence FOREWORD An error was made regarding the notification requirements of the Vail Town Code, specifically Section 12-3-6(C)(2), that requires notification of all individual owners for certain types of applications, including the establishment of Special Development Districts. The Vail Town Code does allow the notification of adjacent properties that are condominiums or are otherwise held under joint ownership to occur via notification of the managing agent, registered agent or any member of the board of directors but all onsite owners must be notified individually. Proper notice has now been mailed to all individual owners within the proposed Special Development District (Mountain View Residences Phase 1) in additional to the re -notification of all adjacent properties. Failure to meet the notification requirement effectively nullifies all previous meetings held in regard to this application. For this reason, staff encourages the Town Council to regard this application as a new application. I. SUMMARY The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (AAUs / lock -offs) December 5, 2017 - Page 263 0 and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. On October 23, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail Town Council. Staff has received considerable correspondence from groups and individuals concerning this application. Some of this correspondence posed questions concerning process and other elements of the Vail Town Code. In these instances, responses were provided either by the Community Development Department or by the Town Attorney. All correspondence received to date, including responses from town staff, are included as Attachment G. A letter of support form the Vail Mountain View Residences on Gore Creek Owners' Association, Inc (Phase 1), is included at the beginning of the attachment and a summation of the correspondence received is included as a cover page. II. DESCRIPTION OF REQUEST The applicant, Lunar Vail LLC., represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs) and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. The project is composed of the following components: Employee Housing Units (EHUs) The proposed fifteen (15) EHUs will be deed -restricted rental units, limited to residents working at least thirty (30) hours per week in Eagle County. The proposed EHUs range in size from approximately 439 square feet to 1,194 square feet and include eight (8) two-bedroom units, five (5) one -bedroom units and two (2) studios. The EHUs are located on the first and second floors above the parking garage in the proposed structure. The floor area of the fifteen (15) units totals 13,922 square feet. Type III EHUs, per the Vail Town Code, are excluded from the calculation of GRFA and are thus not deducted from a development's available GRFA. In addition, Type III EHUs excluded from the calculation of dwelling units for purposes of calculating allowable units per acre. Dwelling Units The applicant is proposing fifteen (15) for sale dwelling units to be located on the third, fourth and fifth (dormer) floors of the structure. The total proposed GRFA of the dwelling units inclusive of the Attached Accommodation Units is 32,687 square feet. Town of Vail Page 2 December 5, 2017 - Page 264 0 Attached Accommodation Units (Lock Offs) The applicant is proposing twenty (20) Attached Accommodation Units or lock -offs attached to all fifteen (15) of the dwelling units. Attached Accommodation Units are a permitted use in the HDMF Zone District and defined by the Vail Town Code as: ACCOMMODATION UNIT, ATTACHED: A room, without kitchen facilities, connected to a dwelling unit within a multiple -family building designed for or adapted to occupancy by guests which is accessible from a common corridor, walk, or balcony without passing through another accommodation unit, attached accommodation unit, or dwelling unit. Five (5) of the dwelling units have two (2) Attached Accommodation Units. These units may be rented separately and have direct access from common areas without necessitating passing through a dwelling unit. These units range in size from 194 square feet to 461 square feet and are located on the third and fourth levels of the proposed structure. The total proposed GRFA for the Attached Accommodation Units is included in the GRFA calculations for the dwelling units. Attached accommodation units do not contribute to the calculation of density for the purposes of calculating allowable units per acre Existing Parking As part of Phase 1 of the Mountain View Residences, discussed in greater detail in the background section below, a 112 space parking structure was built in 2006 along the northern portion of the property. This three level structure, located predominately below grade, provides required parking for the 23 dwelling units located in the Mountain View Residences Phase 1 building and the required parking for the proposed Phase 2 building. No additional parking is proposed. The total number of parking spaces has been reduced from 112 to 111 due to an increase in mechanical equipment. Proposed Deviations Through the Special Development District process, the applicant is requesting deviations from the following required dimensional standards of the underlying High Density Multiple -Family (HDMF) District: • Setbacks: The applicant proposes a fifteen foot (15') side setback on the east side where twenty feet (20') is required. • Building Height: The applicant is proposing an overall maximum height of 70' where the maximum for a structure with a sloped roof in the HDMF district is 48'. • Density Control: The maximum density in DUs/Acre in the HDMF district is 25 units per acre which equates to an allowable density of 32 units on the subject parcel. The applicant is proposing 38 units or 29.3 DU/acre, 119% of the allowable. Town of Vail Page 3 December 5, 2017 - Page 265 0 • Density Control: Per the HDMF zone district, a maximum of one Attached Accommodation Unit is permitted per DU. As proposed, five (5) of the dwelling units include a second Attached Accommodation Unit. • GRFA: The allowable GRFA in the HDMF district is 76/100 square feet of buildable site area or 42,871 square feet of GRFA for the 56,410 square foot parcel. Phase 1 of the development utilized 42,593 square feet of GRFA, leaving only 278 square feet remaining. The proposed Phase 2 includes an additional 32,687 square feet of GRFA for a total of 75,280 square feet of GRFA for the parcel or 176% of the allowable. • Site Coverage: The applicant is proposing site coverage of 70.07% where the maximum allowable is 55%. Although the application makes a distinction between above and below grade site coverage, Ordinance No. 14, Series of 2004 amended the Vail Town Code's definition of site coverage to include both above and below ground improvements. Attached for review are the following documents: A. Vicinity Map B. Draft Ordinance No. 9, Series of 2017 (SDD No. 42, Vail Mountain View Residences) C. PEC Staff Memorandum, October 23, 2017, without attachments. D. Project Narrative, October 12, 2017 E. Plan Set, September 14, 2017 F. Vail Village Master Plan (in part) G. Correspondence received to date H. Minutes from the October 23, 2017 PEC public hearing III. SPECIAL DEVELOPMENT DISTRICT PURPOSE AND PROCESS Purpose Per Section 12-9A-1, Vail Town Code, the purpose of a Special Development District (SDD) is (emphasis added): "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 4 December 5, 2017 - Page 266 0 Process Section 12-9A-4, Development Review Procedures, Vail Town Code, outlines the various steps and procedures for establishing a Special Development District. According to Section 12-9A-4, there are three primary steps in the establishment procedures: 1) Pre -application meeting with the Town staff 2) Planning and Environmental Commission review and recommendation 3) Town Council review Development applications for the establishment of a Special Development District are first reviewed by the Planning & Environmental Commission (PEC) for impacts associated with the proposed uses on the development objectives of the Town and compatibility of any requested deviations from the prescribed development standards (i.e. GRFA, site coverage, building height, etc.) with the Town's adopted design criteria. The review and recommendation of the application by the PEC is based upon a set of prescribed criteria. According to the Section 12-9A-8: in part, "design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved" Please see Section VII of the staff memorandum to the PEC, included as Attachment C. for a review of each of the nine (9) design criteria. IV. ACTION REQUESTED OF THE VAIL TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading, to establish Special Development District No. 42 (Vail Mountain View Residences). V. BACKGROUND The subject parcel, together with the adjacent Apollo Park parcel to the east, comprised Tract D of Vail Village Fifth Filing, approved by the Eagle County Planning Commission in November of 1965, prior to the incorporation of the Town of Vail in 1966. In the mid 1970s the Apollo Park development was constructed with 89 dwelling units in four buildings. An aerial view of this development can be found on page 5 of the applicant's narrative, included as Attachment B. In 2006, the Town of Vail Design Review Board (DRB) approved the replacement of buildings C and D of the Apollo Park development with a new structure, Mountain View Residences Phase 1, and the associated parking structure. Subsequent to this approval, Tract D was split through the Minor Subdivision Town of Vail Page 5 December 5, 2017 - Page 267 0 process into two parcels. This subdivision was recorded in 2008 with the Eagle County Clerk and Recorder. The eastern parcel contains the remaining Buildings A and B of the original Apollo Park Development, containing 40 dwelling units functioning predominately as a timeshare development, while the western parcel contains the Mountain View Residences Phase 1 structure, and the associated parking structure. The underground parking constructed as part of Phase 1 not needed to meet its parking requirement (excess parking) has been made available by lease to the general public on a seasonal basis. The owners of the parking applied for and received administrative approval in 2010 for the ongoing leasing of the excess parking. VI. PLANNING AND ENVIRONMENTAL COMMISSION SUMMARY The Planning and Environmental Commission (PEC) held a public hearing on this application on October 23, 2017. At the October 23, 2017 public hearing, the PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail Town Council for the proposed SDD. The recommendation of denial was made on the following motion: "The Planning and Environmental Commission forwards the Vail Town Council a recommendation of denial for an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs) and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto." The Commissioners voting in favor of the recommendation for denial cited the following criteria: 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. Members of the Commission found that the proposed structure was incompatible with the immediate environment and adjacent properties due to its height, bulk and lack of building stepdowns or upper story building setbacks, specifically as the building relates to the Tyrolean Condominium to the west and the existing Phase I structure. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Town of Vail Page 6 December 5, 2017 - Page 268 0 Members of the Commission found that the density of the project, in terms of allowable GRFA and the resulting building mass, was inconsistent with the surrounding uses, specifically the Tyrolean Condominium property to the west and the existing Phase I structure. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The Vail Village Master Plan speaks to the height of buildings within this sub -area as being limited so as not to impede view corridors from the Frontage Road and Interstate 70 to Vail Village and Vail Mountain. In addition, the Master Plan speaks to the mass of buildings stepping back from the Frontage Road to prevent sun/shade impacts on the road. Members of the Commission did not find that the project, as proposed, met 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. Members of the Commission found that the building location and open space provisions did not produce a functional development responsive and sensitive to the aesthetic quality of the community because of the building's mass and scale in close proximity to the Frontage Road, the Tyrolean Condominium and the existing Phase I building. In addition to the criteria listed above, Commissioners voting in favor of the recommendation for denial also cited the following (emphasis added): 12-9A-9: DEVELOPMENT STANDARDS: 0 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. Commissioners voting for denial of this application found that the proposed public benefit, namely the 15 EHUs, did not outweigh the adverse effects of the proposed deviations, namely the increase in height form 48' to 70' and mass and scale of the structure resulting from the deviation to the GRFA standard. Town of Vail Page 7 December 5, 2017 - Page 269 0 VII. RECOMMENDED MOTIONS The following two draft motions have been prepared as options for the Vail Town Council. Motion No. 1: Planning and Environmental Commission recommendation of denial. If the Town Council chooses to follow the Planning and Environmental Commission recommendation of denial, the following motion is recommended: The Vail Town Council, on first reading, denies Ordinance No. 9, Series of 2017 to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code. This denial is based on a finding that the following required criteria have not been met: (Please see Section VII of the staff memorandum to the PEC, included as Attachment C. for the required criteria.) Motion No. 2: Approval with Conditions If the Town Council chooses to approve Ordinance No. 9, Series of 2017, on first reading, the following motion is recommended: The Vail Town Council, on first reading, approves Ordinance No. 9, Series of 2017, to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code. Should the Town Council choose to approve Ordinance No. 9, Series of 2017, on first reading, to establish Special Development District No. 42, Vail Mountain View Residences, the Community Development Department recommends the Council make the following findings: "Based upon the review of the criteria outlined in Section Vlll of the Staff memorandum to the Planning and Environmental Commission dated October 23, 2017, and the evidence and testimony presented, the Town Council finds: 1. The SDD complies with the standards listed in Section Vlll of this memorandum, or the applicant has demonstrated that one or more of the standards is not applicable; 2. The SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; Town of Vail Page 8 December 5, 2017 - Page 270 0 3. The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. The SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VIII. RECOMMENDED CONDITIONS: Ordinance No. 9, Series of 2017 includes the following conditions of approval that have been crafted jointly by town staff and the applicant. 1. Approval of an associated Design Review Board ("DRB") application. 2. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the number and size of the new landscape plantings to meet the recommendations of the Vail Village Master Plan concerning planted buffers. 3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way to the Town's recreational path. 4. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and construct a continuous 10' -wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first building permit for the project. The sidewalk shall be designed in general accordance plan sheet C1.01 dated September 14, 2017, and shall be submitted to the Town and approved by the Town prior to construction. The Applicant shall grant a pedestrian/roadway easement on the Property to the Town as shown on plan sheet C1.01 dated September 14, 2017. In such sidewalk, the Applicant shall install a snowmelt system, including the heat source and all necessary components, in compliance with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation of the sidewalk and snowmelt system on or adjacent to the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt maintenance agreement. The Town will be responsible for the maintenance and operation of the sidewalk and snowmelt system that is west of the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall Town of Vail Page 9 December 5, 2017 - Page 271 0 execute the Town's standard snowmelt operations reimbursement agreement for that portion of the sidewalk and snowmelt system. 5. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic Mitigation Fees for the net new increase in development traffic, which has been calculated at 14 PM Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $156,800. 6. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction staging plan and parking plan to demonstrate that the construction will not impact public parking or adjacent properties. 7. Within 90 days after the issuance of the first building permit for the project, the Applicant shall engage the Town's Art in Public Places Board on the determination of an acceptable public art installation. The minimum value of the public art installation shall be $50, 000. 8. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational amenities tax as required by Section 12-9A-11 of the Vail Town Code. 9. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the EHUs. 10. Prior to obtaining any building permit application for the project, the Applicant shall obtain approval from the Colorado Department of Transportation ("CDOT') for all proposed work within the CDOT right -of way, and shall submit evidence of such approval to the Town. IX. ATTACHMENTS A. Vicinity Map B. Ordinance No. 9, Series of 2017 (SDD No. 42, Vail Mountain View Residences) C. PEC Staff Memorandum, October 23, 2017, without attachments. D. Project Narrative, October 12, 2017 E. Plan Set, September 14, 2017 F. Vail Village Master Plan (in part) G. Correspondence received to date H. Minutes from the October 23, 2017 PEC public hearing Town of Vail Page 10 December 5, 2017 - Page 272 0 Mountain View Residences on Gore Creek 434 S Frontage Road E Lot 1, a Resubdivision of Tract D, Vail Village Filing 5 e 0 25 50 I Feet 100 This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the Information contained herein. (where shown, parcel line work is approximate) December 5, 2017 - Page 273 of 56/ stModified:Aprii17,2017 TOWN OF VAIL ORDINANCE NO. 9 SERIES 2017 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 42, VAIL MOUNTAIN VIEW RESIDENCES, PURSUANT TO ARTICLE A, CHAPTER 9, TITLE 12 OF THE VAIL TOWN CODE WHEREAS, Article A, Chapter 9, Title 12 of the Vail Town Code outlines the procedure for establishing a special development district ("SDD"); WHEREAS, Lunar Vail LLC, represented by Mauriello Planning Group (the "Applicant"), is the owner of the property legally described as Vail Village Filing 5, Lot 1, a resubdivision of Tract D (the "Property"); WHEREAS, on March 27, 2017, the Applicant submitted an application to the Town to establish SDD No. 42, Vail Mountain View Residences, on to facilitate the development of a mixed-use project including deed restricted employee housing units, dwelling units and attached accommodation units (the "Application"); WHEREAS, on October 23, 2017, the Planning and Environmental Commission (the "PEC") held a public hearing on the Application; WHEREAS, the PEC forwarded to the Town Council a recommendation of denial of the Application, with conditions, by a vote of 5-2; and WHEREAS, after consideration of the testimony and evidence presented at the public hearing, the comments of Town staff and the recommendation of the Planning Commission, the Town Council wishes to approve the Application, with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. The Town Council hereby finds and determines as follows: a. The Application complies with the standards set forth in Section 12 -9A - 8.A. of the Vail Town Code; b. The Application is consistent with the adopted goals, objectives and policies outlined in the Comprehensive Plan and compatible with the development objectives of the Town; c. The Application is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The Application promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in 11/9/2017 IITSCLIENTISICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCESI171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX December 5, 2017 - Page 274 0 a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. District Established. Based on the foregoing findings, Special Development District No. 42, Vail Mountain View Residences ("SDD No. 42"), is hereby established, and shall be reflected as such on the Town's Official Zoning Map. The underlying zoning for the Property is High Density Multiple -Family ("HDMF"). Section 3. Development Plan. a. The following plan sheets prepared by 359 Design, entitled "Vail Mountain View Residence Development Plan Set" and dated September 14, 2017 shall constitute the Development Plan for SDD No. 42: Sheet #: Title: A0.0 COVER A1.00 PLAN -ARCHITECTURAL SITE A2.0.01 GARAGE LEVEL 1 A2.0.02 GARAGE LEVEL 2 A2.0.03 GARAGE LEVEL 3 A2.01 OVERALL LEVEL 1 (8226'-0") A2.02 OVERALL LEVEL 2 (8236'-6") A2.03 OVERALL LEVEL 3 (8247'-0") A2.04 OVERALL LEVEL 4 ((8258'-0") A2.05 OVERALL DORMER LEVEL (8269'-0") A2.06 GRFA PLANS - Garage A2.07 GRFA PLANS- Building A2.08 GRFA PLANS - Building A2.10 SITE COVERAGE A2.10B SITE COVERAGE A2.11 LANDSCAPE COVERAGE A2.12 ROOF HEIGHT A2.13 HISTORIC GRADE MAP A4.00 3D MASSING A4.02 OVERALL BUILDING ELEVATIONS A4.03 OVERALL BUILDING ELEVATIONS A4.04 OVERALL BUILDING ELEVATIONS A4.05 OVERALL BUILDING ELEVATIONS A9.11 LIGHTING PLAN A9.16 SITE SECTIONS C1.01 GRADING C1.02 PLAN - UTILITY C1.03 DETAILS C1.04 FIRE STAGING & LADDER TRUCK SIMULATION PLAN L1.1 LANDSCAPE PLAN 2 11/9/2017 IITSCLIENTISICOMMUNITYDEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX December 5, 2017 - Page 275 0 b. The Town Council finds that the Development Plan for SDD No. 42 complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Vail Town Code, and hereby approves the Development Plan, subject to all other provisions of this Ordinance. Section 4. Development Standards. The development standards for SDD No. 42 are as follows: a. Uses: The permitted, conditional, and accessory uses allowed in SDD No. 42 shall be the same as the permitted, conditional and accessory uses in the HDMF District. b. Lot Area: The minimum lot area shall be 56,410 square feet (1.295 acres). c. Setbacks: The minimum setbacks shall be those setbacks shown on the Development Plan approved in Section 3 hereof. d. Height: The maximum allowable building height shall be as indicated on the Development Plan approved in Section 3 hereof. e. Density: The maximum allowable gross residential floor area ("GRFA") shall be 75,280 square feet. The maximum allowable unit count shall be 38 for -sale dwelling units ("Dus"), 15 Type -Ill deed -restricted employee housing units ("EHUs") and 20 attached accommodation units ("AAUs"). f. Site Coverage: The maximum allowable site coverage shall be 71%, or 39,880 square feet of the total lot area. g. Landscaping and Site Development: At least 30% of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be 15', with a minimum area of 300 square feet. The landscaping plan and site development shall be as shown on the Development Plan approved in Section 3 hereof. h. Parking and Loading: Off-street parking and loading shall be provided in accordance with Title 12, Chapter 10 of the Vail Town Code. At least seventy-five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading shall be located in any required front setback area. The minimum number of loading berths shall be one (1) and shall be indicated on the Development Plan approved in Section 3 hereof. Section 5. Conditions of Approval. The approval of SDD No. 42 is expressly contingent upon the Applicant's satisfaction of all of the following conditions: a. Approval of an associated Design Review Board ("DRB") application. 3 11/9/2017 IITSCLIENTISICOMMUNITYDEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX December 5, 2017 - Page 276 0 b. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the number and size of the new landscape plantings to meet the recommendations of the Vail Village Master Plan concerning planted buffers. c. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way to the Town's recreational path. d. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and construct a continuous 10' -wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first building permit for the project. The sidewalk shall be designed in general accordance with Plan Sheet C1.01 dated September 14, 2017, and shall be approved by the Town prior to construction. The Applicant shall grant a pedestrian/roadway easement on the Property to the Town as shown on plan sheet C1.01 dated September 14, 2017. In such sidewalk, the Applicant shall install a snowmelt system, including the heat source and all necessary components, in compliance with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation of the sidewalk and snowmelt system, and the Applicant shall execute the Town's standard snowmelt maintenance agreement. The Town will be responsible for the maintenance and operation of the sidewalk and snowmelt system that is west of the Property, and the Applicant shall execute the Town's standard snowmelt operations reimbursement agreement for that portion of the sidewalk and snowmelt system. e. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic Mitigation Fees for the net new increase in development traffic generated by the project, which has been calculated at 14 PM Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $156,800. f. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction staging plan and parking plan to demonstrate that the construction will not impact public parking or adjacent properties. g. Within 90 days after the issuance of the first building permit for the project, the Applicant shall engage the Town's Art in Public Places Board on the determination of an acceptable public art installation. The minimum value of the public art installation shall be $50,000. 4 11/9/2017 IITSCLIENTISICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCES1171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX December 5, 2017 - Page 277 0 h. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational amenities tax as required by Section 12-9A-11 of the Vail Town Code. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the EHUs. j. Prior to obtaining any building permit for the project, the Applicant shall obtain approval from the Colorado Department of Transportation ("CDOT") for all proposed work within the CDOT right -of way, and shall submit evidence of such approval to the Town. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2017 and a public hearing for second reading of this Ordinance set for the 19th day of December 2017, at 6:00 PM in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 5 Dave Chapin, Mayor 11/9/2017 IITSCLIENTISICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCES1171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX December 5, 2017 - Page 278 0 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of December, 2017. ATTEST: Patty McKenny, Town Clerk 6 Dave Chapin, Mayor 11/9/2017 IITSCLIENTISICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCES1171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX December 5, 2017 - Page 279 0 TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 23, 2017 SUBJECT: A request for a recommendation to the Vail Town Council on an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs) and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC, represented by Mauriello Planning Group Planner: Jonathan Spence FOREWORD The Town of Vail failed to meet the notification requirements of the Vail Town Code, specifically Section 12-3-6(C)(2), that requires notification of all individual owners for certain types of applications, including the establishment of Special Development Districts. The Vail Town Code does allow the notification of adjacent properties that are condominiums or are otherwise held under joint ownership to occur via notification of the managing agent, registered agent or any member of the board of directors but all onsite owners must be notified individually. Proper notice has now been mailed to all individual owners within the proposed Special Development District (Mountain View Residences Phase 1) in additional to the re -notification of all adjacent properties. Failure to meet the notification requirement effectively nullifies all previous meetings held in regard to this application. For this reason, staff encourages the Planning and Environmental Commission to regard this application as a new application. Staff apologizes to the Commission, the applicant and the community for this regretful error. I. SUMMARY The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs) and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. December 5, 2017 - Page 280 0 The applicant is requesting a final recommendation from the PEC to the Town Council at this meeting. The PEC may recommend the Town Council approve, approve with modifications, or deny the applicant's request. The PEC may also table the item to a future meeting to request additional information or resolution of an identified concern. Per Section 12-9A-1, Vail Town Code, the purpose of a Special Development District (SDD) is: To encourage flexibility and creativity in the development of land in order to promote its most appropriate use; 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. The PEC shall review the proposed application and plans, and evaluate the merits of the proposed SDD based on the criteria in Section VIII of this memo, the impact of the proposal, and the public benefits in regards to furthering overall goals of the community. Based upon staff's review of the plans and the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the PEC forward a recommendation of approval, with conditions, of this application subject to the findings in Section VIII of this memorandum. Staff has received considerable correspondence from groups and individuals concerning this application. Some of this correspondence posed questions concerning process and other elements of the Vail Town Code. In these instances, responses were provided either by the Community Development Department or by the Town Attorney. All correspondence received to date, including responses from town staff, are included as Attachment E. The most recent correspondence received, a letter of support form the Vail Mountain View Residences on Gore Creek Owners' Association, Inc (Phase 1)i is included at the beginning of the attachment and a summation of the correspondence received is included as a cover page. II. DESCRIPTION OF REQUEST The applicant, Lunar Vail, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs) and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. A vicinity map (Attachment A), the revised project narrative (Attachment B), plan set (Attachment C), relevant selections from the Vail Village Master Plan (Attachment D, and public comments (Attachment E) are attached for review. Town of Vail Page 2 December 5, 2017 - Page 281 0 The project is composed of the following components: Employee Housing Units (EHUs) The proposed fifteen (15) EHUs will be deed -restricted rental units, limited to residents working at least thirty (30) hours per week in Eagle County. The proposed EHUs range in size from approximately 439 square feet to 1,194 square feet and include eight (8) two-bedroom units, five (5) one -bedroom unit and two (2) studio. The EHUs are located on the first and second floors above the parking garage in the proposed structure. The total floor area of the fifteen (15) units totals 13,922 square feet. EHUs, per the Vail Town Code, are not considered Gross Residential Floor Area (GRFA) and are thus not deducted from a development's available GRFA. In addition, Type III EHUs do not contribute to the calculation of dwelling units for purposes of calculating allowable units per acre. Dwelling Units The applicant is proposing fifteen (15) for sale dwelling units to be located on the third, fourth and fifth (dormer) floors of the structure. These units range in size from 1,174 square feet to 2,622 square feet, exclusive of the Attached Accommodation Units. The units proposed are a mixture of 2, 3 and 4 bedroom layouts. The total proposed GRFA of the dwelling units inclusive of the Attached Accommodation Units is 32,687 square feet. Attached Accommodation Units (Lock Offs) The applicant is proposing twenty (20) Attached Accommodation Units or lock -offs attached to all fifteen (15) of the dwelling units. Five (5) of the dwelling units have two (2) Attached Accommodation Units. These units may be rented separately and have direct access from common areas without necessitating passing through a dwelling unit. These units range in size from 194 square feet to 461 square feet and are located on the third and fourth levels of the proposed structure. The total proposed GRFA for the Attached Accommodation Units is included in the GRFA calculations for the dwelling units. Attached accommodation units do not contribute to the calculation of dwelling units for purposes of calculating allowable units per acre. Existing Parking As part of Phase 1 of the Mountain View Residences, discussed in greater detail in the background section below, a 112 space parking structure was built in 2006 along the northern portion of the property. This three level structure, located predominately below grade, provides required parking for the 23 dwelling units located in the Mountain View Residences Phase 1 building and the required parking for the proposed Phase 2 building. No additional parking is proposed. The total number of parking spaces has been reduced from 112 to 111 due to an increase in mechanical equipment. Town of Vail Page 3 December 5, 2017 - Page 282 0 Proposed Deviations Through the Special Development District process, the applicant is requesting deviations from the following required dimensional standards of the underlying High Density Multiple -Family (HDMF) District: • Setbacks: The applicant proposes a fifteen foot (15') side setback on the east side where twenty feet (20') is required. • Building Height: The applicant is proposing an overall maximum height of 70' where the maximum for a structure with a sloped roof in the HDMF district is 48'. • Density Control: The maximum density in DUs/Acre in the HDMF district is 25 units per acre which equates to an allowable density of 32 units on the subject parcel. The applicant is proposing 38 units or 29.3 DU/acre, 119% of the allowable. • Density Control: Per the HDMF zone district, a maximum of one Attached Accommodation Unit is permitted per DU. As proposed, five (5) of the dwelling units include a second Attached Accommodation Unit. • GRFA: The allowable GRFA in the HDMF district is 76/100 square feet of buildable site area or 42,871 square feet of GRFA for the 56,410 square foot parcel. Phase 1 of the development utilized 42,593 square feet of GRFA, leaving only 278 square feet remaining. The proposed Phase 2 includes an additional 32,687 square feet of GRFA for a total of 75,280 square feet of GRFA for the parcel or 176% of the allowable. • Site Coverage: The applicant is proposing site coverage of 70.07% where the maximum allowable is 55%. Although the application makes a distinction between above and below grade site coverage, Ordinance No. 14, Series of 2004 amended the Vail Town Code's definition of site coverage to include both above and below ground improvements. III. BACKGROUND The subject parcel, together with the adjacent Apollo Park parcel to the east, comprised Tract D of Vail Village Fifth Filing, approved by the Eagle County Planning Commission in November of 1965, prior to the incorporation of the Town of Vail in 1966. In the mid 1970s the Apollo Park development was constructed with 89 dwelling units in four buildings. An aerial view of this development can be found on page 5 of the applicant's narrative, included as Attachment B. In 2006 the Town of Vail Design Review Board (DRB) approved the replacement of buildings C and D of the Apollo Park development with a new structure, Mountain View Residences Phase 1, and the associated parking structure. Subsequent to this approval, Tract D was split through the Minor Subdivision process into two parcels. This subdivision was recorded in 2008 with the Eagle County Town of Vail Page 4 December 5, 2017 - Page 283 0 Clerk and Recorder. The eastern parcel contains the remaining Buildings A and B of the original Apollo Park Development, containing 40 dwelling units functioning predominately as a timeshare development, while the western parcel contains the Mountain View Residences Phase 1 structure, and the associated parking structure. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal. Please see Attachment D for relevant excerpts from the Vail Village Master Plan. Title 12 — Zoning Regulations, Vail Town Code Chapter 1— Title, Purpose, and Applicability (in part) 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. Town of Vail Page 5 December 5, 2017 - Page 284 0 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. Chapter 6, Article H, High Density Multiple -Family (HDMF) District 12-6H-1: PURPOSE: The high density multiple -family district is intended to provide sites for multiple -family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. (Ord. 29(2005) § 23: Ord. 37(1980) § 6: Ord. 30(1977) § 6: Ord. 8(1973) § 6.100) 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Employee housing units, as further regulated by chapter 13 of this title. Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. (Ord. 1(2008) § 9) 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Town of Vail Page 6 December 5, 2017 - Page 285 0 Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. (Ord. 2(2016) § 6: Ord. 12(2008) § 9) 12-6H-4: ACCESSORY USES: The following accessory uses shall be permitted in the HDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. Town of Vail Page 7 December 5, 2017 - Page 286 0 Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 23: Ord. 8(1973) § 6.400) 12-6H-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. (Ord. 12(1978) § 3) 12-6H-6: SETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). (Ord. 50(1978) § 2) 12-6H-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45). For a sloping roof, the height of buildings shall not exceed forty eight feet (48). (Ord. 37(1980) § 2) 12-6H-8: DENSITY CONTROL: Not more than seventy six (76) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple -family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. (Ord. 14(2004) § 9: Ord. 31(2001) §§ 3, 5: Ord. 50(1978) § 19: Ord. 12(1977) § 2) 12-6H-9: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. (Ord. 17(1991) § 6: Ord. 8(1973) § 6.507) 12-6H-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. (Ord. 19(1976) § 7: Ord. 8(1973) § 6.509) Town of Vail Page 8 December 5, 2017 - Page 287 0 12-6H-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking shall be located in any required front setback area. (Ord. 19(1976) § 7: Ord. 8(1973) § 6.510) Chapter 9 — Special and Miscellaneous Districts (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 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. 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval of Plan Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. B. Preapplication Conference: Prior to submittal of a formal application for a special development district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed special development district, the relationship of the proposal to applicable elements of the town's comprehensive plan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report of the department of community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the Town of Vail Page 9 December 5, 2017 - Page 288 0 petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental commission stating its findings and recommendations, and the staff report shall then be transmitted to the town council. Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail town charter. 12-9A-6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of special development districts. A development plan shall be approved by ordinance by the town council in conjunction with the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with section 12-9A-5 of this article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. 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. Town of Vail Page 10 December 5, 2017 - Page 289 0 12-9A-11: RECREATION AMENITIES TAX: A recreation amenities tax shall be assessed on all special development districts in accordance with title 2, chapter 5 of this code at a rate to be determined by the town council. This rate shall be based on the rate of the underlying zone district or the rate which most closely resembles the density plan for the zone district, whichever is greater. V. ZONING / SDD NO. 42 ANALYSIS Address: Legal Description: Existing Zoning: Existing Land Use Designation: Mapped Geological Hazards: 430 and 434 South Frontage Road E Vail Village Filing 5, Lot 1, a resubdivision of Tract D High Density Multiple -Family (HDMF) District Vail Village Master Plan Steep Slopes >40% (result of prior development) Standard Allowed / Required HDMF Existing (Phase 1) Proposed Phase 2*** Mountain View Phase 1 and 2*** Site Area Min. 10,000 sq. ft. 56,410 sq. ft. (1.295 acres) No Change 56,410 sq. ft. (1.295 acres) Setbacks Front — 20' Side — 20' Rear — 20' Front — 20' Side(W) — 20' Side(E) — 20' Rear — 20' Front — 20' Side(W) — 20' Side(E) — 15' Rear — 20' Front — 20' Side(W) — 20' Side(E) — 15' Rear — 20' Height Flat or Mansard Roof — 45' Sloping Roof — 48' Sloping Roof — 48' Sloping Roof — 70' Sloping Roof — 70' Density 25 DUs/ per acre of buildable site area, or 32 units on a 1.295 acre parcel. 23 DUs 17.8 DU/acre 15 DUs w/ 20 lock -offs 15 EHUs (not counted towards density) Total=15 DUs 38 DUs 29.3 DU/acre GRFA* Max. 76/100 Buildable Site Area or 42,871 sq. ft. 42,593 sq. ft. 32,687 sq. ft. 75,280 sq. ft. or 176% of allowable GRFA Town of Vail Page 11 December 5, 2017 - Page 290 0 Site Coverage** Max. 55% of total site area (31,026 sq. ft.) 22.35%=12,599 sq. ft. above grade 69.91%=39,424 sq. ft. including below grade 14,511 sq. ft. above grade 102 sq. ft. Below grade 48.06%=27,111 sq. ft. above grade 70.07%=39,880 sq. ft. including below grade Parking/Loading Per Chapter 10 49 Required 112 Provided 1 Loading Space Provided/Required Additional 63 Spaces 109 Required 111 Provided*** 1 Loading Space Provided/Required Landscaping Min. 30% of total site area (16,923 sq. ft.) 63.62% (35,881 sq. ft.) 40.07% (22,996 sq. ft.) Site in Total) 40.07% (22,996 sq. ft.) ** *** Although the EHUs total 13,922 square feet in floor area, they do not count towards GRFA. The existing site coverage became nonconforming with the subdivision of the property in 2006 The reduction from 112 to 111 parking spaces is the result of added mechanical equipment. VI. SURROUNDING LAND USES AND ZONING Existing Land Use North: 1-70 ROW East: High Density Residential South: Gore Creek Streamtract West: High Density Residential Zoning District None High Density Multiple -Family (HDMF) District Natural Area Preservation (NAP) High Density Multiple -Family (HDMF) District VII. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA Before acting on a special development district application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposed special development district. 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Staff has worked closely with the applicant through a series of revisions that have brought the proposal more in line with the character of the neighborhood and Vail in general. The mass, scale, and bulk of the structure is larger than that of the surrounding structures; however, the proposed architectural treatments such as a variety of roof forms and increased horizontal and vertical articulation serve to visually break up the mass, bulk, and scale of the building and help make the design more compatible with Phase 1. The proposed building material and color palettes may be consistent with the identity and character of Vail as a mountain community. Town of Vail Page 12 December 5, 2017 - Page 291 0 The subject property is located on a development site in the HDMF zone district, which allows for a maximum 48 foot building height. Many of the Town's taller buildings are located along the frontage road, which buffer surrounding area from the noise and aesthetics of the highway. Though the proposed building height is greater than those in the surrounding area, the applicant has demonstrated that the height is consistent, in general, with the recommended heights of the Vail Village Master Plan and is necessary to meet the development objectives of the town. Staff finds the proposal meets this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed mix of uses, including EHUs, DUs, AUs and AAUs, is an appropriate program for this location. Located along the frontage road on the periphery of Vail Village, the site allows the density and related height necessary to meet the development objectives of the applicant and the town. Although the proposed building is significantly taller than the adjacent Tyrolean, the building's mass steps down in acknowledgment. The applicant professes that it would not be appropriate to lower the building further as the Tyrolean Condominiums is not developed to its potential, under existing zoning. The proposed project is primarily residential in nature, similar to surrounding uses which are also residential, including Apollo Park and the Tyrolean. It is not anticipated that there will be any adverse impacts resulting from the operation of the project. Staff finds that the proposal meets this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. The parking dimensions and number of parking spaces provided comply with Vail Town Code. In addition, the proposed loading space meets the requirement in terms of size and number. Staff finds the proposal meets 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) Town of Vail Page 13 December 5, 2017 - Page 292 0 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail 20/20 Strategic Action Plan (in part) Land Use and Development: Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and public initiated development. Housing: Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions / Strategies: • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Expand the number of employee beds in the Town of Vail. Town of Vail Page 14 December 5, 2017 - Page 293 0 o Consider increasing incentives in performance zoning for property owners who build EHUs. Vail Economic Development Strategic Plan (in part) Policies: Goal #4: Provide support for a quality workforce delivering world-class service to positively impact Vail's economy. Objective 4.1: Work with the business community, Eagle County and other municipalities to address future workforce housing needs. Objective 4.3: Work with the business community and Eagle County to address parking and transportation issues for workers and guests. Chapter VII. Evaluation and Analysis, Weaknesses: Inefficient Facilities: Older lodging accommodations Vail Housing 2027 (in part) Mission: We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail. Policy Statement: We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government. Ten Year Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. Town of Vail Page 15 December 5, 2017 - Page 294 0 The proposed development of EHUs realizes several community goals, especially the Vail Housing 2027 Ten Year Goal of acquiring 1,000 deed restrictions. It is important to note that the requirements of inclusionary zoning and commercial linkage are not enough to close the gap in the employee housing deficit in Vail. The proposal to add 15 Type III deed -restricted EHUs will make a contribution toward the goals of providing workforce housing in the town. The significance of providing local workforce housing is critical to reduce the number of employees driving to and parking in town. By doing so, numerous policies of the Vail Economic Development Strategic Plan are realized, such as Goal Number 4, "Provide support for a quality workforce delivering world-class service to positively impact Vail's economy." The proposal specifically addresses Goals 1.1, 1.12, 5.4, and 5.5 in the Vail Land Use Plan in that they speak to the importance of infill redevelopment and meeting employee housing demands. The proposal also speaks to the Vail 20/20 Strategic Action Plan's statement that the Town recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town. The proposal is representative of a rare infill -development opportunity in Vail that will accommodate a mix of desirable uses consistent with the development objectives of the town. Staff finds that the proposal meets 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. No natural or geologic hazards are present on the subject site. Staff finds that the proposal meets 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 architectural approach emblematic of Vail and consistent with Phase 1. While open space is minimal, the applicant has attempted to provide appropriate landscaping. The applicant has provided a high quality design in regards to the site plan and building appearance and has attempted to balance elements such as open space and landscaping with other important community goals that would help improve the overall quality of the community. Staff finds the proposal meets this criterion. Town of Vail Page 16 December 5, 2017 - Page 295 0 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The provided Traffic Impact Analysis has determined that the existing access point is suitable with no necessary modifications to serve the development. The applicant has worked closely with the Public Works Department to accommodate a replacement sidewalk for not only the property's frontage but continuing to the west to Vail Valley Drive. Along the project's frontage will be a 10' detached heated concrete sidewalk that will allow increased snow storage for the South Frontage Road, an improvement over the existing attached sidewalk condition. The sidewalk continuing to the west will also be detached if the Town of Vail is successful in obtaining an easement form the adjacent properties. If an easement is not granted, the sidewalk will be replaced in its current location with a new, heated 10' concrete sidewalk. In addition to the relocated sidewalk, the applicant is providing the Town an easement for a future sidewalk closer to the building if, and when, the Frontage Road is increased to four lanes. To offset the community impacts of traffic generated by the development, the applicant has agreed to pay the Traffic Mitigation Fees for the net new increase in development traffic, which has been calculated at 14.00 PM Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $156,800. Staff finds the proposal meets this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The location of the existing garage and the minimum setbacks proposed limit the area remaining for landscaping. The Vail Village Master Plan has identified the area between the proposed structure and South Frontage Road for robust landscaping. As conditioned, the continued evolution of the landscape plan is encouraged with input and assistance from Town of Vail staff and the Design Review Board. Staff finds the proposal, as conditioned, meets 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. Town of Vail Page 17 December 5, 2017 - Page 296 0 The proposal is intended to be constructed in one phase. Staging for any construction related activity will be reviewed by staff to ensure impacts to public rights-of-way and adjacent properties are minimized. It is anticipated that the use of the South Frontage Road right-of-way may 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 prior to the start of construction. Staff finds the proposal meets this criterion. VIII. STAFF RECOMMENDATION SDDs are an opportunity to allow flexibility in design to a property owner while advancing the goals and objectives of the Town comprehensive plan. Balancing the impact of the development on the surrounding area with benefits to the broader community through the achievement of said goals and objectives is an extremely difficult task. Based on the most recent revisions, staff finds that the proposal has successfully balanced these oftentimes competing interests and that the public benefit outweighs the deviations, as conditioned. Based upon the 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, to the Town Council for the applicant's request to establish Special Development District No. 42, Vail Mountain View Residences. Motion for Approval — Special Development District: Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, to the Vail Town Council for the establishment of Special Development District No. 42, Vail Mountain View Residences, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission forwards the Vail Town Council a recommendation of approval for an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, to the Vail Town Council for the establishment of Special Development District No. 42, Vail Mountain View Residences, the Community Development Department recommends the following conditions: Town of Vail Page 18 December 5, 2017 - Page 297 0 1. Approval of an associated Design Review Board ("DRB') application. 2. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the number and size of the new landscape plantings. 3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way to the Town's recreational path. 4. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and construct a continuous 10' -wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first building permit for the project. The sidewalk shall be designed in general accordance plan sheet C1.01 dated September 14, 2017, and shall be submitted to the Town and approved by the Town prior to construction. The Applicant shall grant a pedestrian/roadway easement on the Property to the Town as shown on plan sheet C1.01 dated September 14, 2017. In such sidewalk, the Applicant shall install a snowmelt system, including the heat source and all necessary components, in compliance with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation of the sidewalk and snowmelt system on or adjacent to the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt maintenance agreement. The Town will be responsible for the maintenance and operation of the sidewalk and snowmelt system that is west of the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt operations reimbursement agreement for that portion of the sidewalk and snowmelt system. 5. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic Mitigation Fees for the net new increase in development traffic, which has been calculated at 14 PM Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $156,800. 6. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction staging plan and parking plan to demonstrate that the construction will not impact public parking or adjacent properties. 7. Within 90 days after the issuance of the first building permit for the project, the Applicant shall engage the Town's Art in Public Places Board on the Town of Vail Page 19 December 5, 2017 - Page 298 0 determination of an acceptable public art installation. The minimum value of the public art installation shall be $50, 000. 8. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational amenities tax as required by Section 12-9A-11 of the Vail Town Code. 9. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the EHUs. 10. Prior to obtaining any building permit application for the project, the Applicant shall obtain approval from the Colorado Department of Transportation ("CDOT') for all proposed work within the CDOT right -of way, and shall submit evidence of such approval to the Town. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, to the Vail Town Council for the establishment of Special Development District No. 42, Vail Mountain View Residences, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vlll of the Staff memorandum to the Planning and Environmental Commission dated October 23, 2017, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The SDD complies with the standards listed in Section Vlll of this memorandum, or the applicant has demonstrated that one or more of the standards is not applicable; 2. The SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 3. The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. The SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IX. ATTACHMENTS A. Vicinity Map B. Project Narrative, September 14, 2017 C. Plan Set, September, 2017 D. Vail Village Master Plan (in part) E. Correspondence received to date Town of Vail Page 20 December 5, 2017 - Page 299 0 Application for the Establishment of a Special Development District Vail Mountain View Residences Phase 2 Special Development District Mauriello Planning Group Submitted to the Town of Vail: September 27, 2017 Revised October 12, 2017 December 5, 2017 - Page 300 0 Consultant Directory Peter Carlson Gore Creek Group LLC 285 Bridge Street Vail, CO 81657 952-210-0095 Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81657 970-376-3318 Will Hentschel 359 Design 3630 Osage St. Denver, CO 80211 720.512.3437 Davia Miselis Watershed Environmental Consultants P.O. Box 3722, Eagle CO 81631 970.471.4547 Ron Byrne and Mary Ann Redmond Ron Byrne & Associates 285 Bridge St Vail, CO 81657 970-476-1987 Skip Hudson, PE TurnKey Consulting LLC 587 1/2 Grand Cascade Way Grand Junction, CO 81501 970-314-4888 2 December 5, 2017 - Page 301 0 Update for September 2017 Gore Creek Group LLC has been working with the owners in Phase 1 and the neighbors to develop a plan that is beneficial to all parties involved. This submittal reflects our analysis of the alternative proposal agreed to by the Phase 1 owners. As a result, there have been some proposed programming changes to Phase 2. The following provides a comparison of the original program (that programming recommended by the PEC in June of 2017) to the program proposed today: Use Original Proposal September 2017 Proposal Change Dwelling Units GRFA Lock Off Units Employee Housing Units GRFA Accommodation Units GRFA 12 du 27,356 sq. ft. 15 du 32,687 sq. ft. +3 du +5,331 sq. ft. 15 lo (attached to 11 20 lo (attached to 15 units) +5 lo dwelling units) 10 ehu 10,544 sq. ft. 19 au 7,344 sq. ft. 15 ehu 13,992 sq. ft. 0 au 0 sq. ft. +5 ehu +3,448 sq. ft. - 19 au - 7,344 sq. ft. This document has been updated to reflect the proposed changes. Introduction Gore Creek Group LLC is requesting an application for the establishment of a new Special Development District (SDD) for Vail Mountain View Residences to facilitate the construction of a new mixed-use building located at 430 S. Frontage Road. The new building is referred to as Phase 2 of Vail Mountain View Residences, which is proposed to be constructed above the existing parking structure. Phase 1, the existing 23 residential condominiums, is proposed to be included in the SDD, but the condominium building will not be modified with this application. The proposed Phase 2 consists of deed -restricted employee housing, residential condominiums and dwelling unit lock -off units. The project furthers three key identified community goals: the provision of employee housing, the provision of live beds, and encouragement of in -fill development. Numerous changes have been made to the scale of the building, the articulation and architecture of the building, and the mix of uses within the building based on comments from the Planning and Environmental Commission, Town staff, Design Review Board, comments from Phase 1 owners, and comments from Tyrolean representatives over the multiple meetings since May of 2017. The result of the changes is a better project overall despite the loss of accommodation units. The existing Phase 1 Building was completed in 2008 under the High Density Multiple Family (HDMF) zone district and included the following uses: 23 for -sale condominiums with approximately 42,593 sq. ft. of GRFA 112 parking space parking structure 3 December 5, 2017 - Page 302 0 Leasing of excess parking was approved by the Town in 2010 The alternative proposed Phase 2 building includes the following: 15 for -sale dwelling units with approximately 32,687 sq. ft. of GRFA, to be included in a voluntary rental management program 20 lock -offs to all 15 of the dwelling units (five dwelling units have 2 lock -offs) 15 employee housing units with approximately 13,992 sq. ft. of floor area Parking to accommodate the proposed uses with a total of 111 parking spaces for the entire SDD with 49 spaces designated and controlled by Phase 1 A dedicated loading and delivery space to serve both phase 1 and 2 To facilitate the development of Phase 2, a Special Development District is proposed to be established, with the underlying zoning of HDMF. The SDD designation will apply to the entirety of Vail Mountain View Residences property, including the already completed Phase 1. A Phase 2 project was always contemplated on the parcel as evidenced in the HOA documents recorded against the project. The only practical method to achieve the Phase 2 project as contemplated in the HOA documents is an SDD or a comprehensive amendment to the zone district affecting properties throughout the Town of Vail due to the fact that nearly all development potential under the HDMF Zoning was exhausted when Phase 1 was constructed. The HOA documents for Phase 1 put all purchasers on notice that a second phase was contemplated and could have densities of up to 300 units, a number that could never be practically reached but to ensure there was clear understanding about the future. Vail Mountain View Residences presents a unique opportunity for redevelopment within Vail Village. It is adjacent to the pedestrian core, but vehicular access is taken from South Frontage Road, allowing for development to occur with minimal impacts to the Village. As an infill site, with the proposed Phase 2 building constructed upon an existing parking structure that was designed to allow for such development, there are minimal impacts to the natural environment. Public Benefits of the Project: Employee housing far in excess of requirements, all on-site and near the major employment center, addressing one of the documented critical needs of the Town (42.7% of the free- market unit floor area is provided for employee housing versus the 10% required by code) with 100% on-site without public subsidy LJ All EHUs are highly functional and livable dwelling within the core employment center of Vail for single and/or double occupancy Provision of short-term lodging units (dwelling units in a voluntary rental program and lock - off units) within Vail Village, enhancing revenues and vitality Redevelopment of an infill site within Vail Village as suggested by the Vail Village Master Plan Land being donated to the Town (approximately 878 sq. ft.) as requested by the Public Works Department for future roadway improvements east of Vail Valley Drive Paved access path and stairs through the property allowing pedestrians to walk from the South Frontage Road to the recreation path along Gore Creek 4 December 5, 2017 - Page 303 0 U Reconstructing and heating sidewalk to Vail Valley Drive in front of the neighboring Tyrolean and Public Service properties at no cost to the Town or adjacent properties U Pursuing Green Globes Certification, which ensures energy efficiency by exceeding code standards. In addition, the project will exceed the 2015 IECC code and providing two electric car charging stations and energy management system for accommodation units Public art piece still to be determined of a value up to $50,000 U Economic vitality and enhanced public and private revenues to Vail Village as a result of new residential and lodging facilities Example of the two- bedroom EHU layout. There are 8 two-bedroom units, 2 studio units and 5 one - bedroom units. 5 December 5, 2017 - Page 304 0 Background Vail Mountain View Residences was originally part of Apollo Park, an apartment, condominium, and timeshare project. Apollo Park was originally developed on Tract D, Vail Village 5th Filing as one large project. Apollo Park included 89 dwelling units. In 1978, Buildings creating a property line between A & B and C & D. The A & B buildings were subsequently sold as timeshare units. In 2006, the 49 dwelling units in Buildings C & D of Apollo Park were demolished and Mountain View Phase 1 was constructed on the western portion of Tract D, which was resubdivided to Lot 1, a portion of the original Tract D, following the historical property line. Apollo Park, Buildings A and B, remain on Tract D, with a total 40 units developed on the site. Mountain View Phase 1 was constructed under HDMF zoning, requiring review only by the Design Review Board.. As part of Phase 1, a parking structure of 112 parking spaces was constructed in anticipation of a potential future development phase. Following the completion of the parking structure, the excess parking spaces were leased for public consumption. When the Vail Village Master Plan (VVMP) was adopted in 1990, it recognized that the HDMF zoning was out of sync with the existing development patterns and the potential for future growth. The VVMP recommended that the zoning be updated. However, no substantial modifications to the HDMF zone district have occurred since 1990, therefore causing the need to redevelop this property as a Special Development District. The surrounding properties, the Wren and Apollo Park, are also non- conforming with respect to density and GRFA. The Tyrolean Condominiums does not comply with 6 A & B were condominiumized, 2004 Google Earth Image of Apollo Park, Buildings A, B, C, and D. 2015 Google Earth Image of Mountain View Phase 1 and Apollo Park, Buildings A and B. December 5, 2017 - Page 305 0 setbacks, GRFA, and site coverage based on variances granted. The adjoining Tyrolean project exceeds the development standards of the HDMF with limited public benefits provided to offset the variances and deviations provided. 7 December 5, 2017 - Page 306 0 Zoning Analysis Location: Parcel: Lot Size: Existing Zoning: Proposed Zoning: 430 South Frontage Road / Lot 1, A Resubdivision of Tract D, Vail Village 5th 210108246023 1.295 acres / 56,410.2 sq. ft. High Density Multiple Family (HDMF) Special Development District with underlying zoning of HDMF Development Allowed by HDMF Existing Phase 1 Alternative Proposed Phase 2 Mountain View Standard Phase 1 and 2 Lot Area Setbacks Front Side Rear Building Height (Maximum) Density GRFA Site Coverage Landscape Area 10,000 sq. ft. 1.295 acres / 56,410 sq. ft. No change 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft.(w) & varies 15 ft. -20 ft.(e) 20 ft. 20 ft. 20 ft. 48 ft. for sloping roof 45 ft. for flat roof 48 ft. 25 du/acre = 32 du 23 du 76% of lot area = 42,871 sq. ft. 55% of lot area = 31,026 sq. ft. 30% of lot area = 16,923 sq. ft. 42,593 sq. ft. 69.9 ft. 15 du with 20 lock offs 15 ehu* = 0 Density = 15 units DU: 32,687 sq. ft. EHU*: 13,992 sq. ft. GRFA = 32,687 sq. ft. 22.35% = 12,599 14,753 sq. ft. (above -grade sq. ft. (above- only) grade only) 69.91% = 39,424 sq. ft. (includes below grade) 63.62% = 35,881 sq. ft. NA 1.295 acres / 56,410 sq. ft. 69.9 ft. 38 units 75,280 sq. ft. = 133% of lot area 27,352 sq. ft. = 48.5% (above - grade) 39,880 sq. ft. = 70.07% (includes below grade) 22,996 sq. ft. = 40.07% *EHUs do not count towards density or GRFA. 8 December 5, 2017 - Page 307 0 Deviations from Underlying Zoning Section 12-9A-9, Development Standards, provides the mechanism for deviating from the underlying zone district. It states: 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 Vail Mountain View Special Development District will deviate from the following development standards: r^ Setbacks: The SDD complies with setbacks on the front, rear, and west side. On the east side, adjacent to the Apollo Park property, the proposed setback complies with the 20 ft. setback except for the two column locations which are 15 ft. to 20 ft. from the property line. At the entry level, the building itself is setback an additional 20 ft., for a total of 40 ft. from the property line. All other levels meet the 20 ft. setback requirement. As a result, the columns are the only encroachment into the 20 ft. setback, which is necessary to allow traffic circulation into the parking facilities. The location of the proposed building is adjacent to surface parking on the adjoining property. P1 Building Height: The proposed building exceeds the height limitation of 48 ft. The existing Phase 1 building complies with the 48 ft. height limitation. Due to the structured parking below the proposed building, the building exceeds the height limit. The maximum height of the proposed building is 69.9 ft. which reflects a point on the peak of a gable roof form. The building height is necessary to accommodate the two floors + of public benefits in the building including employee housing, small leasable condominiums, and lock -offs (aka attached accommodation units. n Density: The SDD will exceed the maximum density of 32 dwelling units. There are 23 dwelling units within the Phase 1 building. As proposed, Phase 2 includes 15 dwelling units and 15 EHUs (which do not count towards density). As a result, Phase 2 is 15 units, for a total of 38 units for the entirety of the project. This is actually a reduction of the previous development on the site that was demolished prior to Phase 1, which contained 49 units. In addition, the density limitation of HDMF includes the limitation of only one attached accommodation unit per dwelling unit. As proposed, 4 of the dwelling units actually include a second lock -off unit, increasing the potential for short-term rentals within the project. GRFA: The allowable GRFA within the HDMF zone district is 42,871 sq. ft. Phase 1 was constructed with approximately 42,593 sq. ft. of GRFA. Phase 2 is proposed at approximately 32,687 sq. ft. of GRFA, for a total of approximately 75,280 sq. ft. for the entirety of the SDD. EHUs do not count towards GRFA. Exceeding GRFA is not uncommon with most SDDs approved by the Town. 9 December 5, 2017 - Page 308 0 n Site Coverage: Mountain View Phase 1 currently exceeds allowable site coverage due to the underground parking structure. As a result, there is very little change to the site coverage for the entirety of the project, only an increase of 456 sq. ft., for a total site coverage calculation of approximately 70.07%. The allowable site coverage of HDMF is 55%. The project only exceeds the requirement due to the provision of below -grade parking. Above -grade site coverage actually complies with this restriction, at approximately 48.5% which has been common deviation granted to other projects with below grade parking facilities throughout the Town and Vail Village. 10 December 5, 2017 - Page 309 0 Special Development Districts Deviations such as the proposed are common among Special Development Districts, especially those located within the periphery of Vail Village. Special Development Districts are quite common throughout Vail Village, as indicated on the following map (striped areas indicate SDDs): .44 ,reof r�f 111, '.. r Tau AggPalloori SDD #36 SDD'#21 SDD#a._ SDD #39 SDD #35 rivof SDD #32._ SDD #19 SDD #17 SDD #15 SDD #40 SDD #31 SDD #28 Alk_l SDD #37 SDD #38 SDD #2 Below is a chart with an analysis of the more recent SDDs adopted by the Town of Vail in Vail Village. The chart includes the deviations from underlying zoning, along with the public benefits associated with the project. It should be noted that some of these SDDs were adopted prior to the change in the calculation for site coverage, which now includes below grade improvements, like parking, not previously counted as site coverage, and many would now likely deviate from site coverage requirements. SDD Underlying Deviations from Underlying Public Benefits Zoning Zoning Four Seasons (SDD #36) PA Site Coverage - from 65% to 71% Height - from 48 ft. to 89 ft. 34 EHUs on-site (today most of these would have been required versus a benefit), contribution to streetscape, north -south walkway from Frontage Rd., improvements to Mayors Park, heated walk along Frontage Road, public art contribution (now a requirement) 11 December 5, 2017 - Page 310 0 SDD Underlying Deviations from Underlying Zoning Zoning Public Benefits Tivoli Lodge (SDD #37) Manor Vail (SDD #38) Solaris (SDD #39) The Willows (SDD #40) PA HDMF CSC HDMF Height - from 48 ft. to 56 ft. Reduction in landscape area Loading in front setback Height - from 48 ft. to 57.4 ft. Density - from 133 to 141 units GRFA - 24,691 sq. ft. additional Setback reduction Height - from 38 ft. to 99.9 ft. Density - from 47 to 75 units GRFA - 152,808 sq. ft. additional Site Coverage - 75% to 94% Landscape - increase in hardscape allowance Setback reduction GRFA increase Site Coverage - 55% to 67% 1 EHU on-site, streetscape improvements 1 EHU on-site, contribution to streetscape improvements, 430 sq. ft. parcel deeded to Town, stream bank improvements, installation of improved access path across site, sidewalk extension 22 EHUs provided offsite, streetscape improvements including heating public streets, public easement over plaza, public ice skating rink, $1.1 million in public art, bowling alley and movie theater, with deed restriction that requires there operation Public art, streetscape improvements, reduction in density As indicated in the chart, deviations such as those requested for the Vail Mountain View Special Development District are common. The underlying zoning of the SDD also has implications in the deviations sought. Many zone districts have been updated to reflect current building trends and requirements and in recognition of Town objectives and priorities like the provision of live beds. Building height has been a sensitive subject in Vail from the very beginning of Vail's history. In 1990, with the adoption of the Vail Village Master Plan, it was recognized that taller structures were appropriate along the periphery of Vail Village, along the South Frontage Road. Taller buildings along the periphery help frame the context of the urban core area, provide relief from the impacts associated with Interstate 70, and utilize land area often as parking areas, thus removing unsightly views of parking facilities. The other benefit of encouraging additional building height along the South Frontage Road is that impacts to other private properties are substantially reduced. Private views, though not protected in Vail, are generally unaffected by taller buildings in this location due to the presence of the Frontage Road. Of course, there are impacts to the neighboring structures such as the Tyrolean Condominiums and Vail Mountain View Phase 1. There are four examples of structures developed with additional building height along the periphery, all of which are above 71 ft. in height: Four Seasons - SDD #36 (-89 ft.) 12 December 5, 2017 - Page 311 0 n Sebastian Hotel (formerly the Vail Plaza Hotel) - SDD #6 (-77.25 ft.) n Vail Village Inn Phase 3 - SDD #6 (-71 ft.) r''1 Solaris - SDD #39 (-99.9 ft.) The pattern of taller buildings along the South Frontage Road has been well established with logical breaks to allow views to Vail Mountain at Vail Road, Village Center Road, the Vail Village Parking Structure, Vail Valley Drive (Blue Cow Chute) and Ford Park. Views over theses properties from either direction of Interstate 70 are adequately maintained. With the Town's 2007 adoption of the EHU requirements for Inclusionary Zoning and Commercial Linkage, the Town did not modify the development standards of the HDMF zone district. However, the provision of on-site employee housing units has an impact on development standards such as height, site coverage, parking, and even GRFA (as the cost of providing EHUs is often off -set through increasing the higher profit-making uses). In this case, the majority of the square footage on Levels 1 and 2 is dedicated to employee housing which clearly has an impact on the ability to meet the standards of the HDMF zone district. The provision of employee housing and short term accommodations in the form of condominiums with attached accommodation units clearly outweighs any deviations proposed through this SDD. 13 December 5, 2017 - Page 312 0 Parking Analysis Phase 1 Use Formula Parking Required DU (17) DU (6) Total spaces for Phase 1 If a dwelling unit's gross residential floor area is more than 500 square feet, but less than 2,000 square feet: 2 spaces 34 If a dwelling unit's gross residential floor area is 2,000 15 square feet or more: 2.5 spaces 49 Phase 2 Use Formula Parking Required DU (7) DU (8) EHU (13) EHU (2) Total spaces for Phase 2 If a dwelling unit's gross residential floor area is more than 500 square feet, but less than 2,000 square feet: 2 spaces 14 If a dwelling unit's gross residential floor area is 2,000 20 square feet or more: 2.5 spaces If a dwelling unit's gross residential floor area is more than 500 square feet, but less than 2,000 square feet: 2 spaces 26 If a dwelling unit's gross residential floor area is 500 3 square feet or less: 1.5 spaces 63 Parking Analysis for SDD Parking Requirement for Phase 2 Parking Requirement for Phase 1 Parking Requirement for SDD Multi -Use Reduction of 2.5% Total Parking Requirement for SDD Total Parking Spaces Proposed 63 49 112 -2.936 109.064 111 14 December 5, 2017 - Page 313 0 Employee Housing Plan Section 12-23-8: Administration, of the Vail Town Code requires the submittal of an Employee Housing Plan for all projects subject to development review. The proposed project exceeds both the total requirement and the onsite requirement for employee housing. A. Calculation Method: The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this chapter; Applicant Analysis: Inclusionary Zoning: Use GRFA Mitigation Rate EHU Sq. Ft. Required DU 32,687 10% 3,268.7 The inclusionary requirement is 3,268 sq. ft. As proposed, there is approximately 13,992 sq. ft. in 15 employee housing units, approximately 10,724 sq. ft. in excess of the requirement or 42% of the free-market dwelling unit floor area. B. Plans: A dimensioned site plan and architectural floor plan that demonstrates compliance with section 12-23-3, "Size And Building Requirements", of this chapter; Applicant Analysis: A dimensioned site plan and architectural floor plan has been provided with this submittal. Units range from 439 sq. ft. up to 1,191 sq. ft. and consist of 2 studio units, 5 one -bedroom units, and 8 two-bedroom units. C. Lot Size: The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; Applicant Analysis: This is not applicable to this application. D. Schedules: A time line for the provision of any off site EHUs; Applicant Analysis: This is not applicable to this application. E. Off Site Units: A proposal for the provision of any off site EHUs shall include a brief statement explaining the basis of the proposal; Applicant Analysis: This is not applicable to this application. F. Off Site Conveyance Request: A request for an off site conveyance shall include a brief statement explaining the basis for the request; 15 December 5, 2017 - Page 314 0 Applicant Analysis: This is not applicable to this application. G. Fees In Lieu: A proposal to pay fees in lieu shall include a brief statement explaining the basis of the proposal; and Applicant Analysis: This is not applicable to this application. H. Written Narrative: A written narrative explaining how the employee housing plan meets the purposes of this chapter and complies with the town's comprehensive plan. Applicant Analysis: Section 12-24-1: Purpose and Applicability, of the Vail Town Code provides the purpose of the Inclusionary Zoning Chapter: The purpose of this chapter is to ensure that new residential development and redevelopment in the town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. The mitigation rates were established by the Town of Vail Employee Housing Nexus study. These rates are based on a survey of various properties in mountain communities. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. In 2008, the Town of Vail established the Employee Housing Strategic Plan, which brought together all of the Town's goals on employee housing into a single plan. It provides the following: In 2006, through the Vail 20/20 Focus on the Future process the community established a housing goal. It is as follows: "The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development." 16 December 5, 2017 - Page 315 0 Based upon the community's work, the Vail Town Council has confirmed the Town of Vail recognizes deed restricted employee housing as basic infrastructure. This type of housing allows employees to live within the town, promoting community, and improving the quality of our local workforce, thereby supporting the local economy, and reducing regional transit needs. The Employee Housing Strategic Plan (EHSP) seeks to meet the expectations established by the community and confirmed by the Town Council and provide enough deed -restricted housing for at least 30 percent of the community's workforce to live in the Town of Vail through a variety of policies, regulations and publicly initiated development projects. The Employee Housing Strategic Plan then outlines the various objectives and policies for implementing the plan. It provides a list of Town Initiatives, one of which is specifically applicable to this project: Incentive Zoning and Density Bonuses The Town will consider workforce housing objectives in all review processes that permit discretion. This means that the Town will work actively with developers as a part of the Housing District, Special Development District review processes and requested changes in zoning to not only meet the requirements of existing code, but to look for opportunities to go beyond code requirements to encourage additional workforce housing to be created. As a part of these review processes the Town will work actively with developers to create incentives to develop housing that exceeds the minimal requirements contained in the code. Additional density may be granted in selected locations through the appropriate review processes, and fee waivers and subsidies may be considered. The Incentives Zoning and Density Bonuses help Vail to "catch up" with existing deficiencies and add to the overall percent of employees living within the Town of Vail. As indicated in this submittal, the proposal complies with and furthers the purposes and goals of the Town's employee housing requirements and master plans. 17 December 5, 2017 - Page 316 0 Criteria for Review 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. Applicant Analysis: The architecture is consistent with the high quality found on Phase 1 of Mountain View Residences, and is typical of recent redevelopment projects within Vail Village, such as Solaris, the Four Seasons, and the Sebastian. The concept is to use natural materials, such as stone, wood composite siding, and metal panel or stucco, to create a project that is responsive to the environment and the surrounding neighborhood. Varying roof pitches and forms allow for visual interest. Before the redevelopment of the site, there was significant surface parking. The structured parking now allows the site to be redeveloped to the standards that Vail is accustomed to. The building facades, based on comments from the PEC have been highly articulated as demonstrated by the revised plans. The maximum height of the proposed Phase 2 building is 69.9 ft., which exceeds the underlying zoning HDMF maximum height restriction of 48 ft. and is a requested deviation with the establishment of this SDD. Building height is a common deviation for SDDs in Vail Village, especially those located along the Frontage Road, including the Sebastian, Vail Village Inn Phase 3, Solaris, and the Four Seasons. Many older existing HDMF or PA zoned buildings also exceed the 48 ft. maximum height requirement such as the Mountain Haus building. The proposed Phase 2 building, similar to the Phase 1 building, is generally 4 stories with additional livable space in the roof through the use of dormers. Unlike the Phase 1 building, Phase 2 sits upon a parking structure which sits slightly above natural grade. As a result, the height exceeds 48 ft., but is similar in appearance of height to surrounding properties. When looking at compatibility it is necessary to not only look at the existing buildings on neighboring properties, but the relationship of those properties to current development standards. For example, the Tyrolean building is not developed to the full height that it is entitled to. If it were, the transition in building height would appear even more natural compared to the proposed building. Another aspect that has to be taken into consideration are the other aspects of a neighboring property that create impacts. For instance, the Tyrolean property was developed with variances for building setbacks, GRFA, and site coverage causing impacts without a required or apparent public benefit. The Conceptual Building Height Plan found in the Vail Village Master Plan, shows this property as 4 stories along with the Tyrolean Building. This area is flanked to the east with a bubble suggesting 5-6 stories for The Wren and a portion of the Apollo Park property and a bubble to the west recommending 5 stories at the Village Parking Structure. The height diagram is conceptual in nature as indicated in the Vail Village Master Plan. Further proof of its conceptual nature is how the Town Council has implemented the plan for buildings along the South Frontage Road. Portions of the Sebastian property are shown at 3-4 stories where the 18 December 5, 2017 - Page 317 0 buildings were approved at 5-6 stories. Similarly, the Solaris property, is shown by the plan at 5-6 stories along the S. Frontage Road where it is 6-7 stories today. Significant surface parking lots are a characteristic of the immediate neighborhood, which is not a very efficient use of land. It is likely (and in fact, a requirement of the Vail Village Master Plan) that when these properties redevelop, parking will be located within a below grade structure, similar to the proposed Phase 2 project. These existing surface lots dominate the area: Surface parking lots at The Wren and Apollo Park. Future redevelopment of these sites will likely include below - grade parking, with buildings above. The development of property in this neighborhood provides unique opportunities for buffer zones between developments. There is a path from the Frontage Road down to the Gore Creek path that was constructed as part of the Phase 1 building and which will be partially relocated with the Phase 2 building, which allows for a buffer zone between this project and the existing Apollo Park. Additionally, both the Phase 1 and Phase 2 projects provide the full 20 ft. buffer to the property line for the Tyrolean. The building has also been stepped back from the Tyrolean, building mass removed, and roof elements lowered to help provide additional setback and buffer to the property. These changes were made in May and June of 2017 during the prior hearing process. Vail Mountain View is compatible with and sensitive to the character of the immediate environment providing a welcome identity to the area, improving the character of the immediate area, improving the visual integrity of the area. The proposed SDD is consistent with this criterion. Path from Frontage Road down to the Gore Creek path. 19 December 5, 2017 - Page 318 0 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Applicant Analysis: Va Road corridor to the north. To the south of the property is the Town of Vail stream tract, which is zoned NAPD. Properties further south of Gore Creek are residential developments, typically townhouse development, zoned HDMF. Surrounding properties, including the Tyrolean, Apollo Park, and The Wren are all zoned HDMF. A brief description of the adjacent residential uses is provided below: it Mountain View Residences is adjacent to the 1-70 and South Frontage ZrFF1 tt 141 Village Parking Structure 1-70 4 ft 7-1 Apollo Park A&B 7414. The Wren -# The Tyrolean: There are 9 wholly owned units in the Tyrolean. The site is 0.368 acres. Parking is located within the building. Apollo Park, Buildings A & B: There are 40 units within Buildings A & B of Apollo Park. Of the 40 units, 34 units are in interval ownership and the remaining 6 units are wholly owned, and the buildings sit on a ground lease. The site is 1.292 acres. The units were originally constructed in the early 1970s and exceeds the density allowance of the HDMF zone district. There are 42 surface parking spaces. The proposed uses are compatible with the surrounding residential uses, which include wholly owned condominiums, short-term rentals, and interval ownership/timeshare, which are similar in character to the uses proposed. The proposed density is similar to that of the surrounding properties and as would be anticipated by the Vail Village Master Plan (WMP). The WMP, adopted in 1990, anticipated that the proposed infill development on this site and adjoining properties would be developed above existing zoning limitations (it was recommended as infill with the knowledge that the properties already exceeded existing zoning limitations). As a result, Mountain View is compatible with the surrounding uses and activity and is consistent with this criterion. 20 December 5, 2017 - Page 319 0 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Applicant Analysis: A parking analysis was provided in a previous section of the submittal. As that analysis provided, the entire project, both Phase I and 2 are in compliance with the parking requirements of Chapter 10. The parking being allocated for Phase 1 is shown within the garage plans for the project. The mixed use credit is only being implemented in the Phase 2 portion of the project so that Phase 1 has use of 49 total parking spaces. Mountain View is required one loading berth to comply with Chapter 10 of the Town of Vail Zoning Regulations. The project complies with all loading requirements, including the size and location. Trash and recycle dumpsters will be stored in the garage and pulled out on collection day. Based on the recommendation from Vail Honeywagon, there will be two 3 -yard trash dumpsters and two 3 -yard recycle dumpsters picked up twice a week during low season and three times a week during high season. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Applicant Analysis: This property is subject to the Vail Village Master Plan. It is not subject to the Vail Village Urban Design Guide Plan. The Vail Village Master Plan provides both general and specific guidance on the redevelopment of this property. The Vail Village Master Plan provides the following overall goals, objectives, and policies: GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Objective 2.6: Encourage the development of employee housing units in Vail Village through the efforts of the private sector. Policy 2.6.1: Employee housing units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing appropriate assistance. Policy 2.6.4: Employee housing shall be developed in the Village when required by the Town's adopted Zoning Regulations. 21 December 5, 2017 - Page 320 0 GOAL #5 INCREASE AND IMPROVE THE CAPACITY, EFFICIENCY, AND AESTHETICS OF THE TRANSPORTATION AND CIRCULATION SYSTEMS THROUGHOUT THE VILLAGE. Objective 5.1: Meet parking demands with public and private parking facilities Policy 5.1.1: For new development that is located outside of the Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. The Vail Village Master Plan encourages an increase especially for short term overnight accommodation. and 20 lock -off units, all of which will be able to participate in a voluntary short term rental program. The units have been designed to encourage participation for the dwelling units and the lock -offs. With the proposed on-site management, participation in the short term rental program is anticipated to be high. The Vail Village Master Plan recognizes the need for the development of employee housing in Vail Village. Vail Mountain View Phase 2 includes the provision of 15 deed -restricted employee housing units, well in excess of any requirements. An Employee Housing Plan is provided as part of this submittal, but to summarize the plan, he total employee housing requirement equates to 3,268 sq. ft. As proposed, there is approximately 13,992 sq. ft. in 15 employee housing units, approximately 10,654 sq. ft. in excess of the requirement. This level of employee housing as compared to the number of total units proposed is unprecedented in a project in Vail Village. in the number of residential units, The project includes 15 dwelling units Example of quality of employee housing units proposed in Phase 2 The Vail Village Master Plan also includes recommendations for building heights within Vail Village. The Master Plan states this with regard to the Building Height Plan: BUILDING HEIGHT PLAN Generally speaking, it is the goal of this Plan to maintain -the concentration of low scale buildings in the core area while positioning larger buildings along the northern periphery (along the Frontage Road), as depicted in the Building Height Profile Plan. This pattern has already been established and -in some cases these larger structures 22 December 5, 2017 - Page 321 0 along, the Frontage Road serve to frame views over Vail Village to Vail Mountain. The Building Height Plan also strives, in some areas, to preserve major views from public right-of-ways. Building heights greatly influence the character of the built environment in the Village. This is particularly true in the Village Core where typical building heights of three to four stories establish a pleasing human scale. The building heights expressed on this Illustrative Plan are intended to provide general guidelines. Additional study should be made during specific project review relative to a building's height impact and the streetscape and relationship to surrounding structures. Specific design considerations on building heights are found in the Sub -Area section of this -Plan and in the Vail Village Urban Design Guide Plan. cJ Vii. ��• 1 1.05/0 3.{ . .• *".4«M :v u......= CONCEPTUAL BUILDING HEIGHT PLAN q Mme® Ylan '. . z 4/ n n VIEW CORRIDORS !ELEVATION FROM FRONTAGE ROAD! P 'F , fie, / BUILDING MASSING (VILLAGE CORE SECTIONI BUILDING HEIGHT PROFILE l dYhem�i�e Iianp� As indicated in the recommendations regarding building height, generally buildings are to be tallest along the South Frontage Road, then step down to lower heights within the Village Core. Buildings are generally shown to be 5-6 stories along the S. Frontage Road, though the building height shown for the infill of portions of Apollo Park and Vail Mountain View is indicated at 4 stories. The "Conceptual Building Height Plan" further describes a story as 9 ft. of height, not including the roof and indicates varied roof heights are desired. This building 23 December 5, 2017 - Page 322 0 height limitation is challenging as the current description of a story as 9 ft. in height is generally considered outdated and produces undesirable units with very little head height, based on current market preferences. Vail Mountain View Phase 1 complies with the Conceptual Building Height Plan and HDMF zoning height restriction of 48 ft. This was appropriate due to its proximity to Gore Creek. However, Phase 2 is located primarily along the South Frontage Road and is a location where additional height is appropriate, as evidenced by recent SDD projects, including Solaris and the Sebastian. In general, Phase 2 complies with the 4 -story recommendation, but does include a portion of the existing parking structure which is slightly above grade. Along the South Frontage Road, the building generally appears as a 4 -story building, with the 5th story within the roof structure, as a loft or dormer level. On the south elevation, facing Phase 1, the building is a 4 -story building, sitting on top of a partially exposed level of parking. The project generally complies with the Master Plan height recommendation, but exceeds the 48 ft. height limitation of the HDMF zone district. As a result, a deviation from the underlying zoning height restriction of 48 ft. is requested, though the project generally complies with the Building Height recommendations. As mentioned under criterion #1, several projects have been developed along the S. Frontage Road two stories above the conceptual roof height plan of the Vail Village Master Plan. The Vail Village Master Plan also provides an Action Plan, showing potential locations for development projects, as described below: ACTION PLAN The Action Plan indicates potential development and improvement projects that would be consistent with the goals, objectives and policies of the Vail Village Master Plan. The Action Plan is a composite of the Land Use, Open Space, Parking and Circulation and Building Height elements. 24 December 5, 2017 - Page 323 0 Areas identified by the Plan as having potential for additional development have previously received Town approvals or have been recognized as being consistent with the various elements of the Master Plan. However, the Action Plan is not intended to be an all-inclusive list of improvements, which may occur, or an indication of Town approval for any specific development proposals. The review of any development proposal will be based upon compliance with all relative elements of the Village Master Plan. Numerical references found on the Action Plan map refer to more detailed descriptions of proposed improvements, located in the Sub -area section of this Plan. These descriptions provide a detailed account of the goals, objectives, and design considerations relative to each of the development and improvement projects. Graphic representation of improvement projects on the Action Plan are not intended to represent design solutions. Sub -area concepts, applicable goals, objectives, and policies of this Plan, zoning standards and design considerations outlined in the Vail Village Urban Design Guide Plan are the criteria for evaluating any development proposal. Furthermore, private covenants exist in many areas of Vail Village and should be a consideration addressed between a developer and other applicable private property owners. The massive area of surface parking associated with Apollo Park and the Wren are indicted for "Residential/Lodging Infill." This is important to note, especially with regard to Apollo Park, in that the Action plan clearly shows additional residential development beyond what currently existed at Apollo Park, as Apollo Park already exceeded the density limitation of the HDMF zone district. Buildings C and D totaled 49 dwelling units, though only allowed 32 dwelling units by zoning. In fact, as proposed at 38 units (for Phase 1 and 2), the project is more in compliance with the underlying zoning with regard to density, though a deviation from this limitation is still required. The increase in density and GRFA was clearly contemplated by the Vail Village Master Plan and therefore complies with the "Action Plan." Finally, the Vail Village Master Plan provides site specific recommendations for the various sub- areas of the Village. This property is within Sub -Area #9, East Frontage Road. The master plan states: EAST FRONTAGE ROAD SUB -AREA (#9) The East Frontage Road Sub -Area is comprised of condominium and time share residential development. This sub -area is unique in that its access is directly off of the Frontage Road, causing little vehicular impact on other areas of the Village. Large areas of surface parking within the sub -area provide the opportunity for additional residential infill development. Given proper attention to design considerations, this sub -area could provide additional density within close proximity to the Village core. At the present time, the sub -area is separated from the Village core by Gore Creek. This sub -area has a pedestrian connection to the Village and Ford Park -via the Village Streamwalk. A sidewalk along the Frontage Road should be constructed to improve pedestrian safety and further connect the Village parking structure to Ford Park. The area between buildings and Gore Creek must be improved to enhance natural environment. #9-1 Parking Lot Infill 25 December 5, 2017 - Page 324 0 Residential infill over existing surface parking. Height of building to be limited so as to not impede view corridors from the frontage road (and Interstate 70) to the Village and Vail Mountain. Mass of buildings to step back from the Frontage Road to prevent sun/ shade impacts on the road. Satisfying parking demand on site will necessitate structured parking. A substantial landscape buffer shall be provided between any new development and the Frontage Road without jeopardizing future frontage road improvements. Special emphasis on 1.2, 2.3, 2.6, 3.1, 3.4, 5.4, 6.1. 7m0a..3::•.•E•40)33:'FC. . 3 - �JfYL •na■_ i .• + The Vail Village Master Plan identifies that the large areas of surface parking provide opportunities for additional residential development. It recommends the construction of a sidewalk along the S. Frontage Road, connecting the parking structure with Ford Park, which has been completed by the Town but which the Town now wishes to relocate. The plan also recommends that the height of buildings in this sub -area be limited to not impede view corridors from the Frontage Road to the Village and Vail Mountain. As indicated in these views from google earth, the Village is not visible at all from 1-70 or the Frontage Road. Since 1990 when the Vail Village Master Plan was adopted, significant improvements in technology have Google Earth image street view of site from east -bound 1-70. Google Earth image street view of site from S. Frontage Rd. 26 December 5, 2017 - Page 325 0 allow architects to much more accurately reflect the views effected by proposed buildings. As indicated in the following image, Vail Mountain remains visible with the proposed Phase 2. Proposed Mountain View Phase 2 as viewed from west -bound 1-70 As proposed, there will be a substantial landscape buffer between the edge of the road and the proposed structure. The buffer includes an 8 ft. to 10 ft. strip of green lawn area, a 10 ft. wide pedestrian sidewalk, and a 5 ft. to 15 ft. landscape/hardscape buffer in front of the building. At its greatest, the proposed building is approximately 35 ft. from the edge of the proposed roadway. The buffer would be even greater would it not be for the additional roadway improvements being requested by the Public Works Department to accommodate future traffic lane widening east of Vail Valley Drive. The applicant is agreeable to the provision of the Vail Mountain View property (approximately 878 sq. ft. of land) to accommodate the Town's desired road section. As recommended by the Vail Village Master Plan, all parking for the project is structured. As indicated on the landscape plan, significant landscaping is proposed along the north elevation, and the 20 ft. setback along this property is maintained. The proposed project is consistent with the Vail Housing Strategic Plan as evidenced by the letter of support from the Vail Local Housing Authority. Overall, the proposed project complies and is consistent with the Vail Village Master Plan and the Vail Comprehensive Plan, and furthers the goals and objectives recommended by these plans. 27 December 5, 2017 - Page 326 0 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. Applicant Analysis: There are no natural or geologic hazards that affect the property. An Environmental Impact Report was prepared for this project by Daiva Katieb of Watershed Environmental Consultants. The report addresses all environmental concerns, including climate, hydrology, atmospheric conditions, geology, wildlife, vegetation, wastes, noise, odors, and visual concerns. The report is included as part of this submittal, but to summarize, the report concludes the project is appropriate and without significant impacts to the environment. 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. Applicant Analysis: The building is sited above the existing parking structure, utilizing generally the same access as currently exists to the structure. As a result, there is little disturbance to the site. While this SDD request includes a deviation from the site coverage limitation as a result of the underground parking structure, the project complies with site coverage requirements for above -grade improvements and landscape area. When possible, existing landscaping is maintained, and none of the existing landscaping associated with Phase 1 will be modified with the construction of Phase 2. A landscape plan, prepared by Jamie McCluskie of MacDesign, has been included with the submittal. The plan focuses the landscaping along the South Frontage Road, providing a landscape buffer between the road and the units located on the first floor. The goal is to use ornamental grasses and brownstone boulders, similar to the landscape treatments at recent projects like First Chair and Solaris. The SDD produces a functional development plan which is sensitive to the existing landscaping and neighborhood. There are no natural features remaining on this portion of the property since its initial development in the 1970s. As a result, the proposed SDD is consistent with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Applicant Analysis: A traffic letter was prepared by Skip Hudson, P.E. of TurnKey Consulting, LLC. According to his analysis, the current CDOT Access Permit allows for more traffic than is generated by the proposed development. This is due to the fact that the leased parking facility will be converted to parking serving the uses onsite. In addition, the proposed use does not generate 20% more traffic Sidewalk along South Frontadiber 5, 2017 - Page 327 0 than the current site use. As a result, the proposed Phase 2 does not require an additional CDOT Access Permit. The proposed plan removing the hotel provision from the plan further reduces traffic associated with the plan. The general circulation for vehicles is consistent with how the site functions currently. The site is accessed from the South Frontage Road, with vehicles entering the parking structure at two points, the further south garage entrance for Phase 1 and the north garage entrance beneath the porte cochere for Phase 2. The pedestrian circulation around the buildings includes a sidewalk connection from the S. Frontage Road, connecting down to the Gore Creek path. There is pedestrian circulation around the entirety of the site, allowing for direct access from multiple points to the Gore Creek path. There is also a sidewalk along the South Frontage Road, giving pedestrians access over to Ford Park. Pedestrian connection between the Tyrolean & Phase 1 The proposed plan provides easements and sidewalk improvements that accommodate the future road widening desires of the Town thus improving the Town traffic circulation. A heated sidewalk is also provided in front of the Tyrolean Condominiums and the Public Service facility, a benefit to those properties. The proposed SDD is consistent with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Applicant Analysis: The landscape plan was developed by MacDesign with an eye towards functionality, use of native species, and maximizing the areas best suited for planting. Through the use of ornamental grasses and brownstone boulders, the entry is given prominence. Large amounts of sod are proposed along the more formal interface with the S. Frontage Road as requested by the Public Works Department to accommodate snow storage. This will be the only site from the Four Seasons Hotel to Ford Park to provide such a snow storage area. This lawn area transitions to a 10 ft. sidewalk followed by formal landscaped areas in front of the building. This buffer area between the South Frontage Road and the existing parking structure/proposed building varies in width from approximately 35 ft. to 23 ft. optimizing views and buffering of the proposed building. When possible, the existing landscaping is preserved, as most of it was planted with the 2006 Phase 1 development. The existing paver pattern is proposed to be continued, creating cohesion between Phase 1 and Phase 2. The proposed 29 December 5, 2017 - Page 328 0 loading area is also treat with pavers making it feel more like a plaza area than a loading zone since 99% of the time the space will not be used for loading and will site empty. The project complies with the underlying zoning requirements without any need for a deviation to landscape area requirements. There are no natural features to preserve in this area where the proposed building is being located as the area was previously disturb from development that occurred in the 1970s. As a result, the proposed landscape plan is consistent with this criterion. Pedestrian path and buffer zone between Phase 1 & Apollo Park 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant Analysis: The project will be completed in one phase, therefore this criterion is not applicable. 30 December 5, 2017 - Page 329 0 VAIL MOUNTAIN VIEW - PHASE 11 434 SOUTH FRONTAGE RD EAST VAIL, COLORADO VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET 9-14-17 PROJECT TEAM LEGEND GENERAL NOTES OWNER GORE CREEK LLC 285 BRIDGE STREET VAIL, COLORADO 81657 952-210-0095 CIVIL ALPINE ENGINEERING, INC. 34510 HIGHWAY 6, UNIT A-9 EDWARDS, COLORADO 81632 LANDSCAPE MACDESIGN P.O. BOX 6446 AVON, COLORADO 81620 ARCHITECTURE 359 DESIGN, LLC 3630 OSAGE STREET DENVER, COLORADO 80211 INTERIORS OCG COLORADO 970-471-4192 STRUCTURAL MONROE AND NEWELL ENGINEE 1400 GLENARM PLACE, SUITE 101 DENVER, COLORADO 80202 MEP SGM 118 W SIXTH ST, SUITE 200 GLEENWOOD SPRINGS, COLORADO 81601 970-384-9032 GENERAL CONTRACTOR SHAW CONSTRUCTION 300 KALAMATH ST, DENVER 80223 720-582-3535 FIRE & LIFE SAFETY RS, INC. SHANER LIFE SAFETY P.O. BOX 1073 FRISCO, COLORADO 80443 DRAWING ABBREVIATIONS AB ACT AFF ALUM AP APPROX ARCH ASSOC BD BLDG BLK BO BOT BRG BSMT CJ CL CLG CLR CMU COL CONC CONT COVR CP CPT CT CTR DEC DET DEMO DIA DIM DF DGB DR DWG EA EJ ELEC ELEV EQ EQUIP ER EXT FD FDN FE FF EL FIN FRT FLR FS FT FTG FUT GA GC GL GR GYP BD HC HT HM HORIZ INT INSUL JAN JST LAV MAX MECH ANCHOR BOLT ACOUSTICAL TILE CEILING ABOVE FINISH FLOOR ALUMINUM ACCESS PANEL APPROXIMATE ARCHITECTURE ASSOCIATED BOARD BUILDING BLOCK BOTTOM OF BOTTOM BEARING BASEMENT CONTROL JOINT CENTERLINE CEILING CLEAR CONCRETE MASONRY UNIT COLUMN CONCRETE CONTINUOUS COVER CONCRETE PAVER CARPET CERAMIC TILE CENTER DETENTION EQUIPMENT CONTRACTOR DETENTION DEMOLITION DIAMETER DIMENSION DRINKING FOUNTAIN DETENTION GRAB BAR DOOR DRAWING EACH EXPANSION JOINT ELECTRICAL ELEVATOR EQUAL EQUIPMENT EPDXY RESIN EXTERIOR FLOOR DRAIN FOUNDATION FIRE EXTINGUISHER FINISH FLOOR ELEVATION FINISH FIRE RESISTANT TREATED FLOOR FOOD SERVICE FOOT FOOTING FUTURE GUAGE GENERAL CONTRACTOR GLASS GRADE GYPSUM BOARD HOLLOW CORE HEIGHT HOLLOW METAL HORIZONTAL INTERIOR INSULTATION JANITOR JOIST LAVATORY MAXIMUM MECHANICAL MEM MNFR MIN MR MTL NIC NO NOM NTS OA OAM OC OH ORD OS OPG °POI INSTALLED OPCI INSTALLED PC PF PJ PL PLAM PLMG PNL PT PTD REINF REQ REV RD RM RO SAP SC SCHED SEC SECT SHT SHWR SK SPEC SS STL STIFF STRUCT T&G TO TOF TPH TS TYP UNO VAR VB VCT VERT VIF VT VTR VWC W WC WD WDW WP WT WWF MEMBRANE MANUFACTURER MINIMUM MOISTURE RESISTANT METAL NOT IN CONTRACT NUMBER NOMINAL NOT TO SCALE OVERALL OVERALL MASONRY ON CENTER OVERHEAD OVERFLOW ROOF DRAIN OVERFLOW SCUPPER OPENING OWNER PROVIDED OWNER OWNER PROVIDED CONTRACTOR PRECAST PREFINISHED PANEL JOINT PLATE PLASTIC LAMINATE PLUMBING PANEL PRESSURE TREATED PAPER TOWEL DISPENSER REINFORCED REQUIRED REVISED ROOF DRAIN ROOM ROUGH OPENING SECURE PANEL ACCESS SEALED CONCRETE SCHEDULED SECURITY SECTION SHEET SHOWER SINK SPECIFICATIONS STAINLESS STEEL STEEL STIFFENER STRUCTURAL TONGUE AND GROOVE TOP OF TOP OF FOOTING TOILET PAPER HOLDER TUBE STEEL TYPICAL UNLESS NOTED OTHERWISE VARIES VAPOR BARRIER VINYL COMPOSITE TILE VERTICAL VERIFY IN FIELD VINYL TILE VENT THROUGH ROOF VINYL WALL COVERING WITH WATER CLOSET WOOD WINDOW WATERPROOF WALL TYPE WELDED WIRE FABRIC MATERIALS SHEET NUMBER SHEET NAME GYPSUM BOARD EXTERIOR GYPSUM SHEATHING ROOM NAME/NUMBER EXISTING COLUMN CENTERLINE COLUMN CENTERLINE ACCESSORY NUMBERED NOTES BUILDING WALL SECTION ELEVATIONA SECTION DETAIL ° CONCRETE/ PRECAST CONCRETE t8� (-S) o 'C FLUORESCENT FIXTURE ®® EXIT SIGNS - HATCH INDICATES EXIT TEXT AND ARROW INDICATES DIRECTION ) SMOKE DETECTOR CS D SPEAKER PROJECTOR WALL WASHER PENDANT TYPE LIGHT FIXTURE 2 WALL MOUNTED LIGHT FIXTURE 0 DOWNLIGHT WS-MAS1 DETAILS C1.04 SUPPLY AIR L1.1 © X O ODEMOLITION 1 01 - PLAN -ARCHITECTURAL SITE SOIL RETURN AIR A2.0.02 GARAGE LEVEL 2 A2.0.03 GARAGE LEVEL 3 SAND, EIFS FINISH COAT, OR CEMENT EXHAUST AIR / / PLASTER ACCESS PANEL OVERALL LEVEL 3 (8247'-0") BRICK FLUORESCENT LIGHT // SUSPENDED LIGHT SUSPENDED FLUORESCENT LIGHT 0 CHANDELIER, STRIP LIGHT +9'-0" A2.08 CMU r L_J AO.X X DETAI PLAN, BLOW-UP AO.X X'' 01 A2.11 LANDSCAPE COVERAGE A2.12 fiy.APAVERS /<FIBERGLASS A2.13 HISTORIC GRADE MAP A4.00 SOUND BATT INSULATION A4.02 OVERALL BUILDING ELEVATIONS CELLULOSE INSULATION OVERALL BUILDING ELEVATIONS A4.04 OVERALL BUILDING ELEVATIONS A4.05 OVERALL BUILDING ELEVATIONS A9.11 LIGHTING PLAN A9.16 SITE SECTION POLYISOCYANURATE INSULATION BOARD ••••••••••• ••*•444 ••••••••••• :44444 CLOSED CELL POLYURETHANE SPRAY INSULATION CEILING SYMBOLS SHEET NUMBER SHEET NAME ROOM NAME XXXXX ROOM NAME/NUMBER EXISTING COLUMN CENTERLINE COLUMN CENTERLINE ACCESSORY NUMBERED NOTES BUILDING WALL SECTION ELEVATIONA SECTION DETAIL GYP BD CEILING WALL MOUNTED t8� (-S) o 'C FLUORESCENT FIXTURE ®® EXIT SIGNS - HATCH INDICATES EXIT TEXT AND ARROW INDICATES DIRECTION ) SMOKE DETECTOR CS D SPEAKER PROJECTOR WALL WASHER PENDANT TYPE LIGHT FIXTURE 2 WALL MOUNTED LIGHT FIXTURE 0 DOWNLIGHT WS-MAS1 DETAILS C1.04 SUPPLY AIR L1.1 © X O ODEMOLITION 1 01 A1.00 PLAN -ARCHITECTURAL SITE ® RETURN AIR A2.0.02 GARAGE LEVEL 2 A2.0.03 GARAGE LEVEL 3 A2.01 EXHAUST AIR / / VA ACCESS PANEL OVERALL LEVEL 3 (8247'-0") AO.X X FLUORESCENT LIGHT // SUSPENDED LIGHT SUSPENDED FLUORESCENT LIGHT 0 CHANDELIER, STRIP LIGHT 1. DO NOT SCALE DRAWINGS. LARGE SCALE DETAILS SHALL GOVERN OVER SMALL SCALE DETAILS. SPECIFICATIONS GOVERN ALL CONTRACT DOCUMENTS. 2. CONTRACTOR TO ISSUE COMPLETE SET OF CONTRACT DOCUMENTS TO EACH OF THE SUBCONTRACTORS FOR COORDINATION OF THEIR WORK AND DESCRIPTION OF SCOPE - ALL DRAWINGS MUST BE REVIEWED BY EACH TRADE AND IF DISCREPANCIES ARE FOUND AN RFI IS TO BE SUBMITTED TO THE ARCHITECT. 3. THEIR SHALL BE NO SUBSTITUTION OF MATERIALS WHERE A MANUFACTURER IS SPECIFIED. WHERE THE TERM "OR EQUAL" IS USED THE ARCHITECT SHALL DETERMINE EQUALITY BASED ON INFORMATION SUBMITTED BY THE CONTRACTOR VIA A DOCUMENTED SUBSTITUTION REQUEST. 4. REFER TO STRUCTURAL DRAWINGS FOR ALL REINFORCING AND STRUCTURAL INFORMATION. 5. ARCHITECTURAL, MECHANICAL, ELECTRICAL, AND NON- STRUCTURAL SYSTEMS, COMPONENTS AND ELEMENTS PERMANENTLY ATTACHED TO STRUCTURES, INCLUDING SUPPORTING STRUCTURES AND ATTACHMENTS, AND NON - BUILDING STRUCTURES THAT ARE SUPPORTED BY OTHER STRUCTURES SHALL MEET THE REQUIREMENTS PER IBC 2015, CHAPTER 16 AND ASCE 7-02, SECTION 9.6 COORDINATE COMPONENT DESIGN WITH ARCHITECT AND MECHANICAL ENGINEER OF RECORD. 6. WHERE MANUFACTURER'S RECOMMENDED DETAILS DIFFER FROM THE CONTRACT DOCUMENTS, GENERAL CONTRACTOR TO IDENTIFY AND SUBMIT RFI TO ARCHITECT FOR CLARIFICATION. 7. ALL RESTROOM INTERIOR WALL PARTITIONS TO BE INSTALLED WITH SOUND BATT -INSULATION UNLESS NOTED OTHERWISE PROJECT LOCATION (I) 1"=400' DRAWING SYMBOLS SHEET NUMBER SHEET NAME ROOM NAME XXXXX ROOM NAME/NUMBER EXISTING COLUMN CENTERLINE COLUMN CENTERLINE ACCESSORY NUMBERED NOTES BUILDING WALL SECTION ELEVATIONA SECTION DETAIL SDD COVER C1.01_ PARTITION TYPE EXTERIOR ENCLOSURE IDENTIFIER BUILDING EXPANSION JOINT NEW WALL EXISTING WALL 1 HOUR FIRE WALL 2 HOUR FIRE WALL 2 HOUR SHAFT WALL CEILING HEIGHT A3 © WS-MAS1 DETAILS C1.04 FIRE STAGING & TURNING MOVEMENT SIMULATION L1.1 © X O ODEMOLITION 1 01 A1.00 PLAN -ARCHITECTURAL SITE A2.0.01 GARAGE LEVEL 1 A2.0.02 GARAGE LEVEL 2 A2.0.03 GARAGE LEVEL 3 A2.01 OVERALL LEVEL 1 (8226'-0") / / / A2.03 OVERALL LEVEL 3 (8247'-0") AO.X X // // // OVERALL DORMER LEVEL (8269'-0") A2.06 GRFA PLANS - Garage A2.07 +9'-0" A2.08 X .... 01 r L_J AO.X X DETAI PLAN, BLOW-UP AO.X X'' 01 December 5, 2017 - Page 330 of 567 INDEX OF DRAWINGS SDD SHEET NUMBER SHEET NAME 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 A0.0 SDD COVER C1.01_ GRADING C1.02 PROPOSED UTILITY PLAN C1.03 DETAILS C1.04 FIRE STAGING & TURNING MOVEMENT SIMULATION L1.1 LANDSCAPE PLAN A1.00 PLAN -ARCHITECTURAL SITE A2.0.01 GARAGE LEVEL 1 A2.0.02 GARAGE LEVEL 2 A2.0.03 GARAGE LEVEL 3 A2.01 OVERALL LEVEL 1 (8226'-0") A2.02 OVERALL LEVEL 2 (8236'-6") A2.03 OVERALL LEVEL 3 (8247'-0") A2.04 OVERALL LEVEL 4 ((8258'-0") A2.05 OVERALL DORMER LEVEL (8269'-0") A2.06 GRFA PLANS - Garage A2.07 GRFA PLANS- Building A2.08 GRFA PLANS - Building A2.10 SITE COVERAGE A2.10B SITE COVERAGE A2.11 LANDSCAPE COVERAGE A2.12 ROOF HEIGHT A2.13 HISTORIC GRADE MAP A4.00 3D MASSING A4.02 OVERALL BUILDING ELEVATIONS A4.03 OVERALL BUILDING ELEVATIONS A4.04 OVERALL BUILDING ELEVATIONS A4.05 OVERALL BUILDING ELEVATIONS A9.11 LIGHTING PLAN A9.16 SITE SECTION TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP __ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE SDD COVER SHEET NO. 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PRIVACY WALL Poop RER-( 04. 359 DESIGN • I I .) . 1 BUILDING SETBACK 5' TALL STONE OR EQUIVALENT -PRVACY WALL WITH ACCESS 1 .;;GATE PER PHASE I APPROVAL ----- -.ACCESS GATE PER PHASE I APPROVAL-, • ;fes t !„- . err 3:. l -- r December 5, 2017 - Page 331 of 567 _ y^ SITE FDL AN ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4” OVER 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP - - - _ _ w - __ 434 - 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE SITE SHEET NO Al 00 14'-01/8" 16'-8" 28'-2" 28' - 2" 28' - 2" 5 28'-2" 6 21'-8" 6'-6" 26'-2" 18'-4" 8.5 11'-2" IM 1 Garage Level 1 1/8" = 1 6°/0 11'-9" 8'-0" GARAGE LEVEL 1 G10 PHASE II OWNER PARKING O 'est 4IMEnt.. — 0 1 - Lu J Lu 0 9'-0" TYP Jil, 9'-0" 11' - 9" 8'-0" t Co 7 TRASH/ RECYCLE 4' - EQ G112 i I (G113) (G114 1 8.5 • • • • • • December 5, 2017 - Page 332 of 567 \0 N 0' 4' 8' 16' ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1'-0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE KEYNOTE LEGEND TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP __ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE GARAGE LEVEL 1 SHEET NO. 14'-01/8" 31 16'-8" 32 33 GARAGE LEVEL 2 S-401 ▪ • ✓ ..11.11. 2 3 28' - 2" 14 4 15 5 28' - 2" 28'-2" FS-CONC-3 GARAGE LEVEL 2 FS-CONC-3 7 k 9'-0" TYP 8 28'-2" 7 OPEN MECH 26'-2" 18'-4" 9 10 11 12 13 21 FIRE SPRINKLER ROOM N C9 11'-2" • •• • • • (0 ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1'-0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE KEYNOTE LEGEND 1 Garage Level 2 1/8" = December 5, 2017 - Page 333 of 567 0' 4' 8' (0 O M N D 16' 1D TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP __ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE GARAGE LEVEL 2 SHEET NO. 14'-01/8" ELECTRICAL METER ROOM PHASE II 6'-0" 4' �••_•• I 0 16'-8" 9'-0" 28'-2" r fi BOILER ROOM T -_ -,a 5'-0" TYP TYP O • • • 303 :.J O 28' - 2" 28' - 2" 28'-2" 21'-8" BOILER ROOM TRASH/• RECYCLIN i Irl G304 • 11 • 11 • 6'-6" ELEVATOR LOBBY ; 11 • 7 26'-2" 18'-4" 11'-2" 10 DN- - {- U • ••�• HOTEL & RESIDENTIAL O GARAGE LEVEL 3 GARAGE LV 3 PARKING O 10 9'-0" 9'-0" 5'-0" TYP TYP TYP 0 0 N ov •• SKI LOCKERS EG312 F.A.C.P. WWI ..n _■ ■� •.In 1 ■.■I ■�■_■�■_ ■_�■_.■��_■��■ n■ ■ n■ ■ ■__� ■__■■_ �� n■ . _ ::� ods -- --■► — ■— ■ i�:� _�� i �_� i�_� iIi_i i iti_■�-- ■/■ ■1■ ■■I i! :fimd. V� i■Ui ■� I 1--. —nip ■iim,— ■I_ �.■_■ .■_pukv •®i■ ■l ■ ■� ■Iii ■ m. .��_�_�71■�■,I� �;Ill!1i- ■,fin■�■I,�n■I� ■,, .■�■, , 21.11.i. , ■■1 ■■_.. ■■■---■i rAgimipamiNE . ■ ■■■ ■ ■Iill I■■■ ■■■r ■■�•ml mism k!IIJI ■■■IMF._� ■_t ip■■ N ••—••_••_••—••—••_• 1 Garage Level 3 1/8" = 1'-0" �••—••_•• 1 • • L. ••• �•• • al. • • OM • •MI•• 8.5 December 5, 2017 - Page 334 of 567 0' 4' 8' 16' E 1D ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1'-0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE KEYNOTE LEGEND TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE GARAGE LEVEL 3 SHEET NO. 224' - 8" �••MO••MO •_••MO••MI•• 11'-31/4" 16'-8" ••—••—•••••_••—••_•• 28' - 2" 28'-2" ••_••4=0••_• 28'-2" ••_••—••—••MI••_••—••MO••— • 28'-2" 21'-95/8" _ 6'-43/8" • 18'-4" 11' - C64 EXTERIOR SITE STAIRS 14 RISERS EXTERIOR SITE STAIRS 11 RISERS 1%DN 1%DN 1% DN CL • SET -A BATH -A t 0 O 0 LIVING - r L 7.77 r MASTER BEDROOMTC -J La 01 LJ CLOSET LIVING -D 0 1 BEDROOM 1-D • CORRIDOR 11 • 0 LJ F7 7 7 1 MASTER BEDROOM -D I I I L 4 J O 0 L FIRE HYDRANT • DN - Ir. .71 r I�1 1 I IL.- L 112C KITCHEN -A n CORRIDOR KITCH N -C O 0 '0 1 ( 1 MASTER CLOSET -E -r MASTER H -BATH MASTER BEDROOM -E CLOSET -F MAST BATH -C w• o•A MASTER CLOSET -C 11• LAUNDRY -D LOSET D KITCHEN -D BATH -D CLO MASTER BATH -D D G RESTROOM 117 103 U im CORRIDO 110 • CHECK IN 102 0 VEST. 100 REF. MASTER CLOSET -G KITCHEN -F KITCH N -J BATH -E MASTER BATH -G BATH -F r r LIVI NG -E I I I I L—J 00 LA 1_ --r 111 BEDROOM 1-E O 0 LI ✓ - 11 I BEDROOM 1'LF 771, 1 1 1 II 1 VIII 1 1 11 1 41H 1 1 11 Li! LIVING -F MASTER BEDROOM -G r BEDROOM -J DINING -J LIVING -J L L - J L J1 =I••MI••IMO••MO••MI• 1 Level 1 1/8" = MI••MI••MI••MI••1=1••MI••MI • L. •_•• LOBBY 101 • • LANDSCAPE ABOVE RAMP • • Z.° f0 N PLANTER • • • • C64 OUTDOOR DECK 0 Z 0 0 N —6 Z 0 C64 5' TALL PRIVACY WALL 1 • • an • • • • imi7i December 5, 2017 - Page 335 of 567 0' 4' 8' B 16' ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1'-0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE KEYNOTE LEGEND C64 22 : FLOOR DRAIN, FLAT METAL DRAIN COVER, RE: PLUMBING FOR DRAIN ROUTING TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP __ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE OVERALL LEVEL 1 (8226'-0") SHEET NO. 11'-31/4" 16'-8" \C64 28'-2" C64 28' - 2" r(C64) 28' - 2" 1% DN 1% DN 1%DN 1°/a DN 1%DN 1%DN DN N 1% DN MASTER BEDROOM -K L J_ 0 1 1 1 LAUNDRY -K CIRCULATION -K UNIT K KITCHEN -K MASTE CLOSET MASTER BATH -K STORAGE - CLOSET -K CLO 219 CORRIDOR 210 1 Level 2 1/8" = 1 1 1 1 1 BATH -L 1 1 1 1 E MASTER CLOSET -N T• LET ASTER ATH N 00 Io KITCHEN -N 7 -L 1 1 i MAS ER1 BEDROOMJN rr_ ro- 1 Hlh 1 lull 1HO 00 LIVING -N 1 hl hl HH L LIVING -L KITCHEN -L 0 0 0 BE .0. If ECH-M KITCHEN -M ATH -M CLOSET -M im T LOSET-N \s, MECH- MASTER11 CLOSET -P REF. 28'-2" 28'-2" 26'-2" 18'-4" 11'-2" 0 - - ECH-205 MIP LOCK -OFF BEDROOM -204 LOCK -OFF BEDROOM 1-205 1 1 • POWDE • ,11 -�1 n CLO. L v B H 206 NTRY-204 O BATH -204 MECH-204 0 BATH 1-215 POWDER 205 ENTRY -205 fl KITCHEN -204 11 KITCHEN -205 LO BATH 2 BEDROOM 1-206 A H 1- BATH 2-206 0\ 7 MASTER BATH -204 MASTER BATH -205 0 0 KITCHEN -O BATH -O MASTER BATH -P 0 KITCHEN -P CLOSET -P 1 BEDROOM 2-206 H BATH -P T_f -R BEDROOM -O H DINING -O LIVING -O MASTER BEDROOM -P LIVING -P H H 1 1 DINING -204 MASTER CLOSET -204 MASTE L OSET-205 DINING -205 0 N 0 KITCHEN -206 LOCK -OFF BEDROOM 2-205 LOCK OFF MASTER B: • ROOM -206 L I BEDROOM -P I MASTER BEDROOM -204 MASTER BEDROOM -205 LIVING -305 LIVING -304 i DINING -206 LI I NG -206 L 1I 1 1 I ••-017 ••—••—• -•• 11 • • — • • — • • — • • — • • 1 Ill ltlltlltll 11111111111 11 -c -v) N N 7c1- LL •Ilmo•• • _ r • MIMLI•••• •-1, —••*••OM •M c\1 8.5 December 5, 2017 - Page 336 of 567 0' 4' 8' 16' ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1'-0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE KEYNOTE LEGEND C64 22 : FLOOR DRAIN, FLAT METAL DRAIN COVER, RE: PLUMBING FOR DRAIN ROUTING SHEET SHEET TOWN STAMP 359 DESIGN 3630 OSAGE DENVER, 720.512.3437 DISCIPLINE STREET CO 80211 -- ....... - - r z m 434 SOUTH FRONTAGE ROAD EAST, cn VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET TITLE OVERALL LEVEL 2 (8236'-6") NO. 14'-01/8" 16'-8" 28'-2" 28' - 2" 28' - 2" 28'-2" 22' - 1 5/8" 6'-03/8" 26'-2" C64 C64 !I!I E1011:11101 1% DN 1% DN 1% DN 1% DN 1% DN 1% DN 1% DN 1% DN 1% DN 1 MECH-303 LOCK OFF -BEDROOM -301 LOCK OFF BEDROOM 2-302 II I II I II I II I II I LJ LOCK OFF BEDROOM -304 CORRIDO 312 EN Imop ENENE AI '1 mi man MITI MIN NM MIMI NM MIN --� uP ■YI■i■i■IYMM!! �'� 111111111111111 BEDROOM \�1 18'-4" 11'-2" TH-301 CORRIDOR 311 BATH -302 LO -303 ENTRY -304 ENTRY -302 OWDER-302 ENTRY -303 ATH LO- ENTRY -306 DER -303 TH -305 MECH-304 MECH-301 ENTRY -305 r rIr1 riv Ir�'SJLNOUFA ea KITCHEN -301 MASTER BATH -301 KITCHEN -303 KITCHEN -304 KITCHEN -305 KITCHEN -302 MASTER BATH -302 BATH -3 ' 5 MASTE BATH -303 MASTER BATH -304 MASTER BATH -305 rMASTER BATH -306 1 I \ CLOSET -$02_ BEDROOM 2-306 DINING -301 MASTER CLOSET -301 DINING -304 LOCK -OFF BEDROOM 2-305 LOCK -OFF MASTER BEDROOM -306 KITCHEN -306 LIVING -302 77 L ti LIVING -303 MASTER BEDROOM -304 LIVING -305 0 0 N i0 LIVING -304 IVING-306 1% DN 1% DN 1% DN 1% DN 8'-0" 8 - 0" 8'-0" 1 Level 3 1/8" = =•••17 11 1 cY, N 0 CNI Z_ J 8'-0" 3'-0" w U w 2 0 f` N w Z_ J J w w 0 8' - 1% DN 1% DN 1% DN 8.5 December 5, 2017 - Page 337 of 567 10 0' 4' 8' 16' ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1' - 0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE KEYNOTE LEGEND C64 22 : FLOOR DRAIN, FLAT METAL DRAIN COVER, RE: PLUMBING FOR DRAIN ROUTING TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP __ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE OVERALL LEVEL 3 SHEET NO A2 03 CN N 14'-01/8" 16'-8" 28'-2" C64 28' - 2" 28' - 2" 28'-2" 21'-93/8" 6' - 4 5/8" 26'-2" 18'-4" 11'-2" C64 C64 1% DN 1% DN (C64) 1% DN m N 1% DN 1% DN 1% DN 1% DN • BEDROOM 1-401 LOCK OFF BA H L02-402 ELEV. ELEV. BATH LO -404 LOCK OFF BEDROOM 1-405 11111 111 TRY -401 CORRIDOR 411 rl ENTRY -403 CLOSET BEDRO CORRIDOR 412 ENTRY -402 I PO UP ENTRY -404 7 411M ENTRY -406 KITCHEN -401 NTRY LO -40 R-403 KITCHEN -402 KITCHEN -403 MASTER BATH -401 MECH-402 MASTER BATH -402 MA BATH -403 awl KITCHEN -404 KITCHEN -405 MASTER BATH -405 BATH L02-406 DINING -401 IC SE 402 ILET im MASTER CLOSET -401 MASTR CLOSET -40 DINING -403 DINING -404 MASTER MASTER OSET-405 GL BA Fa Ltai BEDROOM BEDROOM LIVING -402 LOCK OFF MASTER .1 .1 BEDROOM ECIROOM.40-1-1- -1-442 EA LL MASTER BEDROOM -402 MASTER BEDROOM 1-117 LIVING -403 LIVING -404 I MASTER BEDROOM -404 MASTER BEDROOM -405 7-7 1% DN 1% DN 1% DN 1% DN 1% DN C64 4=1 • • ILI • • MO • • 4=1 • 01 Level 4 1% DN 1% DN 1% DN /15111111111 15111111111 11111111111 1111111151 C64 1% DN 1% DN 10,0DN LU b i(."c) L 0 11511111111 11111111111 11111111151 111111111 11111151111 11115111111 151 1151 51 111115 MIML • • • • 1 I , ' \ 8.5 December 5, 2017 - Page 338 of 567 16' ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1' - 0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE KEYNOTE LEGEND C64 22 : FLOOR DRAIN, FLAT METAL DRAIN COVER, RE: PLUMBING FOR DRAIN ROUTING TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP __ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE OVERALL LEVEL 4 SHEET NO A2 04 RE 14' - 0 1/8" 16'-8" 28' - 2" 28' - 2" DN C-401 1 Dormer Level 1/8" = 1'-0" GUEST MASTER -401 DECK -401 z 1KC42 \FSD-CP-1 1%DN " 1%DN z 0 C64 MASTER CLO -402 GUEST MASTER BEDROOM -402 DECK -402 0 FSD-CP-1 POWDER -402 .0 CLOSET 2-403 DORMER LIVING -402 DID 1 • 4 A5.10 28' - 2" BEDROOM 2-403 REC ROOM -402 GUEST MASTER -403 a ROOF ACCESS DORMER LIVING -403 DID lu DORMER LIVING -404 28' - 2" 21'-8" 6'-6" 26' - 2" 18'-4" BEDROOM -404 BEDROOM -405 11'-2" 2O� DID DN DN GUEST MASTER -404 GU - T H-40 GUEST MASTER -405 DECK -40 VANITY -405 BATH -405 1 LIVING- '5 DID DECK -405 z 0� FSD-CP-1 L TOILET MASTER BATH -406 MASTER CLOSET -406 \ z 0 MASTER BEDROOM -406 1 s OPEN -_ TO BELOW_ _ _ C70 DECK -40 1% DN 1% DN 1% DN 2% DN 1% DN ‘ \ ‘ \ \ / 10 r` December 5, 2017 - Page 339 of 567 0' 4' 8' 16' D ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG DISCIPLINE STAMP ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1' - 0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE OVERALL DORMER LEVEL (8269'-0") SHEET NO. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE KEYNOTE LEGEND C42 10 3100: FIREPLACE GAS RE: APPLIANCE PACKAGE C64 22 : FLOOR DRAIN, FLAT METAL DRAIN COVER, RE: PLUMBING FOR DRAIN ROUTING C70 10 3100: FIREPIT GAS RE: APPLIANCE PACKAGE TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE OVERALL DORMER LEVEL (8269'-0") SHEET NO. 3 Garage Level 3 1/16" = 1'-0" 17 6 01 01 TRASH/ RECYCLING 24 PARKING SPACES INCULDING 1 OUT SPACE b 23 6 1D co 30 31 32 33 2 Garage Level 2 1/16" = 1 2 J 14 15 21 FIRE SPRINKLER ROOM 0' 8' 16' 32' 54 PARKING SPACES 3 4 5 1 (NOT A PART OF THIS SURVEY) 27.5 CE MECH. X62 SU p / SUPPORT SEAM �z ®`/` / 0 mw/ / / 87 /O/ 4/ /yam/ �B—'� /�/ / J/ y 0.2' N 0.5 PARKING LCE -R (11'x 8-6') co - 0 / PARKING LCE -R PHASE 149 SPACES PHASE II 5 SPACES CEP a.s / /g/ LCE -R LCE -R . cp,m / / 1 6 FS-CONC-3 7 8 0 9 10 11 0 12 13 MECH. LCE -R (8'x19') / 9.9 PCEIRG/ / '?7 /, /a/ / / (N0T A 9.5 . \ \ SU P \ o`B• '4M 9.5'x19'} / i / / / PARKING R / 0.5' /) /PARKING / LCE -R (9'x19') o 5 PARKING (8'x18LCE- /PARK! ` I \� (8'x18') PARK R (8'x18') CEP !g 1 CE \ MECH. 8.7 J PART OF 4HI5 SURVEY) / C-)4/ / / QO / L 4 CEP 0 • 0' 90 / PARK NG 15 LCE (9.5'x 8') PAR LCE (9'x16 ,„24 / LCE -R PARKINGI6 (9'x18') /PAR LGE \\- 504pc), (9'718') PA LIE -R (9 x16) LCE - RESIDENCE PARKING GARAGE LCE -R 9.5 MECH_ 7.9 PARK LC R (9.: x19' PARA LCE (9-5') LCL -26 (9.5'x1 PARKI6'7 /PARKING LCE -27 (9. Up`T'\ \ \qM\ R18 18') / /PAR LCE • (9.5' KI N19 J \ / / /\` \ / \ \ /x/ / / \ \ \J /,:/ / /Q 2 A C') / /hJ (NOT A PART OF THIS SURVEY) /T / G \ \ CEP LCE -R /QOM/ /�4,� } PARKING \ \ MECH- q ea R / (95 x19') PARKINR G®l (9-5.719') / .57.9 6 / ® / % 9.d 99 ` h' Qo \ • • F.F. ELEV. 8195.1' / Pb (9'x18' MECH. 2 Clpp\ (9.47 BFg4fRT \ a 7.8 LCE -R 9.4 AR28 LCE 5 (9'x15') G P PP RK''^ L�E21 (10'x1 8') (B. 0-8' m 48` ,�!�b 11. ' /PA LC (9 0 ti 0.5' \ N 0-5'� PARKING LCE -R (10'x19') 9( 0.7' 0.0) PARKING / LCE -5 L10'xl9') 10 / /1 ARKI E LCE - (9'x18') 0.7' N n 0.5' 0.7' 0.5' O O O O O O 33 PARKING SPACES O O 1 Garage Level 1 1/16" = // 01 O 10 b 30 Q TRASH/ RECYCLE COMPACT 0' 8' 16' 32' December 5, 2017 - Page 340 of 567 1D 0' 8' 16' 32' • COMMON STORAGE EHU FOR SALE LOCK OFF COMMON STORAGE EHU FOR SALE LOCK OFF Area Schedule (GRFA) G 3 TYPE UNIT Area ' 11111 1 a la ii, ci, . December 5, 2017 - Page 340 of 567 1D 0' 8' 16' 32' • COMMON STORAGE EHU FOR SALE LOCK OFF COMMON STORAGE EHU FOR SALE LOCK OFF Area Schedule (GRFA) G 3 TYPE UNIT Area DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 Garage Level 3 No. Description COMMON STORAGE STR. 1 76 SF COMMON STORAGE STR. 2 76 SF COMMON STORAGE STR. 3 130 SF COMMON STORAGE: 3 283 SF PARKING SPACE LEGEND 1 PHASE I PARKING SPACE PHASE II PARKING SPACE Area Schedule (GRFA) G 2 TYPE UNIT Area DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 Garage Level 2 No. Description COMMON STORAGE STR. 4 76 SF COMMON STORAGE STR. 5 76 SF COMMON STORAGE STR. 6 76 SF COMMON STORAGE: 3 229 SF Area Schedule (GRFA) G 1 TYPE UNIT Area DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 Garage Level 1 No. Description COMMON STORAGE STR. 7 77 SF COMMON STORAGE STR. 8 77 SF COMMON STORAGE STR. 9 77 SF COMMON STORAGE STR. 10 369 SF COMMON STORAGE: 4 600 SF 600 SF TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE GRFA PLANS - Garage SHEET NO. A2■ 3 Level 3 1/16" = 1'-0" 2 Level 2 1/16" = 1'-0" EH - 1191 SF EHU-L 439 SF 736 SF EHU-N 1016 SF 835 SF 1114 SF UNIT 204 1279 SF ❑ 111 I ,U1329 SFSNIT 206 1 0' 8' 16' 32' I rill I a 410 SF I- 40 1 Level 1 1/16" = 1'-0" 111 December 5, 2017 - Page 341 of 567 0' 8' 16' 32' i COMMON STORAGE EHU FOR SALE LOCK OFF COMMON STORAGE EHU FOR SALE LOCK OFF COMMON STORAGE EHU FOR SALE LOCK OFF 0' 8' 16' 32' Area Schedule (GRFA) Level 3 TYPE UNIT Area Area Comments FOR SALE FOR SALE Level 3 1196 SF Level 2 UNIT 304 - LO EHU FOR SALE UNIT 301 EHU EHU-K 1878 SF FOR SALE UNIT 302 EHU EHU-L 1270 SF FOR SALE UNIT 303 EHU EHU-M 1174 SF FOR SALE UNIT 304 EHU EHU-N 1196 SF FOR SALE UNIT 305 EHU EHU-O 1201 SF FOR SALE UNIT 306 EHU EHU-P 1361 SF FOR SALE: 6 2 BEDROOM EHU: 6 818 SF 8079 SF LOCK OFF UNIT 301 - LO 355 SF LOCK OFF UNIT 302 - LO UNIT 204 461 SF LOCK OFF UNIT 302 - LO 2 275 SF LOCK OFF UNIT 303 - LO UNIT 206 320 SF LOCK OFF UNIT 304 - LO 313 SF LOCK OFF UNIT 305 - LO 368 SF LOCK OFF UNIT 305 - LO - 2 317 SF LOCK OFF UNIT 306 - LO UNIT 205 348 SF LOCK OFF: 8 LOCK OFF UNIT 205 2757 SF Grand total: 14 LOCK OFF UNIT 206 10836 SF Area Schedule (GRFA) Level 2 TYPE UNIT UNIT Area Comments FOR SALE FOR SALE Level 1 1196 SF Level 2 UNIT 304 - LO EHU EHU-A 1185 SF EHU EHU-K EHU-B 1191 SF 2 BEDROOM EHU EHU-L 826 SF 439 SF STUDIO EHU EHU-M 2 BEDROOM 736 SF 1 BEDROOM EHU EHU-N EHU 1016 SF 2 BEDROOM EHU EHU-O EHU-G 835 SF 1 BEDROOM EHU EHU-P 1106 SF 1114 SF 2 BEDROOM EHU: 6 818 SF 1 BEDROOM 5331 SF 1730 SF 8661 SF PROJECT NUMBER 17021 FOR SALE UNIT 204 1279 SF FOR SALE UNIT 205 1174 SF FOR SALE UNIT 206 1329 SF FOR SALE: 3 3782 SF LOCK OFF UNIT 204 - LO 425 SF LOCK OFF UNIT 205 - LO 410 SF LOCK OFF UNIT 205 - LO - 2 415 SF LOCK OFF UNIT 206 - LO 400 SF LOCK OFF: 4 1650 SF Area Schedule (GRFA) Level 1 TYPE UNIT Area Comments DISCIPLINE STAMP FOR SALE FOR SALE Level 1 1196 SF LOCK OFF UNIT 304 - LO EHU EHU-A 1185 SF 2 BEDROOM EHU EHU-B 455 SF STUDIO EHU EHU-C 826 SF 1 BEDROOM EHU EHU-D 1163 SF 2 BEDROOM EHU EHU-E 1194 SF 2 BEDROOM EHU EHU-F 825 SF 1 BEDROOM EHU EHU-G 1089 SF 2 BEDROOM EHU EHU-H 1106 SF 2 BEDROOM EHU EHU-J 818 SF 1 BEDROOM EHU: 9 1730 SF 8661 SF (GRFA) Unit 301 TYPE UNIT Area FOR SALE UNIT 301 1878 SF LOCK OFF UNIT 301 - LO 355 SF 2233 SF (GRFA) Unit 302 TYPE UNIT Area FOR SALE UNIT 302 1270 SF LOCK OFF UNIT 302 - LO 461 SF LOCK OFF UNIT 302 - LO 2 275 SF 2007 SF (GRFA) Unit 303 TYPE UNIT Area FOR SALE UNIT 303 1174 SF LOCK OFF UNIT 303 - LO 320 SF 1493 SF (GRFA) Unit UNIT 304 TYPE Area DISCIPLINE STAMP FOR SALE FOR SALE UNIT 304 1196 SF LOCK OFF UNIT 304 - LO 313 SF Date 1703 SF 1509 SF (GRFA) Unit 305 TYPE UNIT Area FOR SALE UNIT 305 1201 SF LOCK OFF UNIT 305 - LO 368 SF LOCK OFF UNIT 305 - LO - 2 317 SF 1885 SF (GRFA) Unit 306 TYPE UNIT Area FOR SALE UNIT 306 1361 SF LOCK OFF UNIT 306 - LO 348 SF 1709 SF (GRFA) Unit 204 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP FOR SALE UNIT 204 1279 SF LOCK OFF UNIT 204 - LO 425 SF Description Date 1703 SF (GRFA) Unit 205 TYPE UNIT Area FOR SALE UNIT 205 1174 SF LOCK OFF UNIT 205 - LO 410 SF LOCK OFF UNIT 205 -LO -2 415 SF 1999 SF (GRFA) Unit 206 TYPE UNIT Area FOR SALE UNIT 206 1329 SF LOCK OFF UNIT 206 - LO 400 SF 1730 SF TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE GRFA PLANS- Building SHEET NO. A2■ TOTAL FOR SALE 32,687 15 UNITS WITH 20 LOCK OFFS EHU 13,992 15 UNITS 2 Dormer Level 1/16" = 1'-0" 1D 1 Level 4 1/16" = December 5, 2017 - Page 342 of 567 0' 8' 16' 32' 0' 8' 16' 32' 1 COMMON STORAGE EHU FOR SALE LOCK OFF COMMON STORAGE EHU FOR SALE LOCK OFF Area Schedule (GRFA) Dormer Level TYPE UNIT Area Area DISCIPLINE STAMP Dormer Level UNIT 401 Level 4 FOR SALE UNIT 401 - DORMER 747 SF FOR SALE UNIT 402 - DORMER 1048 SF FOR SALE UNIT 403 - DORMER 1043 SF FOR SALE UNIT 404 - DORMER 887 SF FOR SALE UNIT 405 - DORMER 968 SF FOR SALE UNIT 406 - DORMER 817 SF FOR SALE: 6 FOR SALE 5509 SF Area Schedule (GRFA) Level 4 TYPE UNIT Area DISCIPLINE STAMP FOR SALE UNIT 401 Level 4 LOCK OFF UNIT 401 - LO 367 SF FOR SALE UNIT 401 747 SF 1875 SF FOR SALE UNIT 402 1354 SF FOR SALE UNIT 403 1228 SF FOR SALE UNIT 404 1257 SF FOR SALE UNIT 405 1265 SF FOR SALE UNIT 406 1336 SF FOR SALE: 6 8315 SF LOCK OFF UNIT 401 - LO 367 SF LOCK OFF UNIT 402 - LO 455 SF LOCK OFF UNIT 402 - LO 2 194 SF LOCK OFF UNIT 403 - LO 272 SF LOCK OFF UNIT 404 - LO 253 SF LOCK OFF UNIT 405 - LO 264 SF LOCK OFF UNIT 406 - LO 423 SF LOCK OFF UNIT 406 - LO -2 363 SF LOCK OFF: 8 2591 SF Grand total: 14 10905 SF (GRFA) Unit 401 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP FOR SALE UNIT 401 1875 SF LOCK OFF UNIT 401 - LO 367 SF FOR SALE UNIT 401 - DORMER 747 SF FOR SALE UNIT 402 - DORMER 2989 SF (GRFA) Unit 402 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP FOR SALE UNIT 402 1354 SF LOCK OFF UNIT 402 - LO 455 SF LOCK OFF UNIT 402 - LO 2 194 SF FOR SALE UNIT 402 - DORMER 1048 SF 3050 SF (GRFA) Unit 403 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP FOR SALE UNIT 403 1228 SF LOCK OFF UNIT 403 - LO 272 SF FOR SALE UNIT 403 - DORMER 1043 SF FOR SALE UNIT 406 - DORMER 2542 SF (GRFA) Unit 404 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP FOR SALE UNIT 404 1257 SF LOCK OFF UNIT 404 - LO 253 SF FOR SALE UNIT 404 - DORMER 887 SF FOR SALE UNIT 406 - DORMER 2397 SF (GRFA) Unit 405 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP FOR SALE UNIT 405 1265 SF LOCK OFF UNIT 405 - LO 264 SF FOR SALE UNIT 405 - DORMER 968 SF FOR SALE UNIT 406 - DORMER 2497 SF (GRFA) Unit 406 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP FOR SALE UNIT 406 1336 SF LOCK OFF UNIT 406 - LO 423 SF LOCK OFF UNIT 406 - LO -2 363 SF FOR SALE UNIT 406 - DORMER 817 SF 2939 SF TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE GRFA PLANS - Building SHEET NO. ABOVE GRADE EXISTING 12,599 SQFT 22.34% COVERAGE ZSITE COVERAGE - E 1" = 20'-0" December 5, 2017 - Page 343 of 567 0' 10' 20' 40' ABOVE GRADE PROPOSED - 27,352 SQFT 48.50% COVERAGE 42 SITE COVERAGE - P 1" = 20'-0" (!) 0' 10' 20' 40' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE SITE COVERAGE SHEET NO. • • SOUTH FRONTAGE ERp E BELOW GRADE EXISTING 39,424 SQFT 69.91% COVERAGE ZSITE COVERAGE SUBGRADE - E 1". 20'-0" • • December 5, 2017 - Page 344 of 567 11) 0' 10' 20' 40' • • • • • • r • • • • • • • • SOUTH FRONTAGE ERp E BELOW GRADE PROPOSED 39,880 SQFT 70.07% COVERAGE 1 SITE COVERAGE SUBGRADE - P 1 " = 20'-0" • 0' 10' 20' 40' 1 • • 1 • • 1 •• 1 • 1 • 1 TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP ___ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE SITE COVERAGE SHEET NO. PROPOSED - 23,094 SQFT 41% COVERAGE PHASE II Total Area: 25,981 SQFT Landscape Coverage: 8,280 SQFT (31.86%) ZLANDSCAPE COVERAGE - P 1" = 20'-0" December 5, 2017 - Page 345 of 567 ,E!) 0' 10' 20' 40' EXISTING 35881 SQFT 63.62% COVERAGE SOUTH FRONTA PHASE II Total Area: 25,975 SQFT Landscape Coverage: 20,774 SQFT (79.85%) 1 LANDSCAPE COVERAGE - E 1" = 20'-0" ic!) 0' 10' 20' 40' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE LANDSCAPE COVERAGE SHEET NO. 8216 g2\6 8214 $212 8212 8210 8218 �••_••_••-••-••-••-••-••_• 8247.5 EAVE: JJ +/- 61'-7" 8276.6 RIDGE: B +1- 5'4" 8280.6 EAVE: 8220 ••_••_••_••_••_••_••_••_••_••_••_••_••_••_••_••_••_••_••_• _••_••� $220 • PP +1- 55'-3" 1 8268.3- ?°1: E +/51'-4" r a a \ • 15'-8" 15'-8" EAVE: C +/- .4'-10" 8268.3 8272.1 8280.3 RIDGE: EAVE: F +1- 62'-8" D +/- 52'-4" RIDGE. 8276.6 8276.6 BB+/- 61'-10" 8269 1 E VE: +/- 52'-0" 8250.5 A + 35'-8" RIDGE: PARAPET TO SCREEN MECHANICAL EQUIPMENT \I/ RIDGE: 8281.9 8281.9 8281.9 8281.9 DD +/- 67' HH +/- 68'-3" GG +1- 68'-0" FF +/- 67'-3" RIDGE: RIDGE: 8281.5 8281.1 8280.9 8282.6- 8281.8 NN +/- 68'-11" - EE+/- 6T-8" EAVE: KK +1- 69'-2" LL +/- 68'-2" MM +/- 67'-7" 8268.3 I U +/- 57'-3" RIDGE: RIDGE: 8280.3 4 CC 111+11- 65'-11" 8279.8 V +/- 67'-9" 8279.9 8281.9 Y +/- 68'-6" 23 : HVAC EQUIPMENT RE. MECHANICAL X +1- 67'-0" 23 : HVAC EQUIPMENT RE. MECHANICAL RIDGE: 8279.4 W +/- 67'-5" u u 8283.8 ROOF DEC ROOF DECK ROOF DECK ROOF DECK 8273.5 8208 12" / 12" 12" / 12" 12" / 12" 12" / 12" AA +/- 69'-0" RIDGE: 8283.8 K +/- 69'-10" RR + 61'-9" 8280.6 7" / 12" 7" / 12" EAVE: EAVE: EAVE. L +/- 68'-6" ROOF DECK 1 8268.3 RIDGE: 8268 3 1 T +/- 60'-3" 1 • • 1 • • 1 8277.7 01 ROOF HEIGHT PLAN 1/8" = R +/- 59'-7" S +/- 69' 6" December 5, 2017 - Page 346 of 567 RIDGE: 8277.7 8268.3 SS +/- 58'-10" RIDGE: Q +/- 68'-8" ••_••_••_••_•• ••_••_•• 8279.3 1 L • • _ • • emwe P +1- 69'-2" 8269.1 J +/- 56-11" 8220 • • • • • • • • 8218 8216 • 8214 • • • • • • 8212 • `ii • X8212 • • • • • ••_•• Building Height Calculations Existing Grade Elevation Finished Grade Elevation Historic Grade Elevation Roof Elevation Height from most Restrictive Most Restrictive Grade POINT A 8225 8225 8214.5 8250.2 35.7 8214.5 POINTI3 8224,5 8225 8214.9 8270,2 55.3 8214,9 POINT C 8219.2 8221,9 8215.8 8280.6 64.8 8215,8 POINT D 8225,3 8225.9 8216.1 8268.3 52.2 8216,1 POINT'E 8225.8 8221 8217 8268.3 51.3 8217 POINT E 8224.5 8221 8217.6 8280.3 62.7 8217,6 POINT G 8217.8 8217.8 8216.2 8276.6 60.4 8216.2 POINT H 8217.1 8269.1 52 8217.1 POINT J 8218,4 8218.4 8212.2 8269.1 56.9 8212.2 POINT K 8215.4 8215,4 8214 8283.8 69.8 8214 POINT L 8212.1 8280.6 68.5 8212.1 POINT M 8222.5 8222.5 8210.7 8278.7 68 8210.7 POINT N 8220.6 8220.6 8210.6 8268.3 57.7 8210.6 POINT P 8217 8217 8210,2 8279.3 69.1 8210,2 POINT IQ 8213.6 8213.6 8209 8277.7 68.7 8209 POINT R 8213,8 8213.8 8208,7 8268.3 59.6 8208,7 POINT S 8212.9 8212.9 8208.7 8277.7 69.5 8208.2 POINT T 8213.6 8213:6 8208.1 8268.3 60.2 820: 1 POINT U 8226.1 8226.1 8211.1 8268.3 57.2 8217,1 POINT V 8212 8279.8 67.8 8212 POINT W 8212 8279.4 67.4 8212 POINT X 8212.9 8279.9 67 8212,9 POINTY 8213.4 8281.9 68,5 8213,4 POINT Z 8213.2 8276.5 63.3 8213.2 0' 4' 8' 16' Building Height Calculations Existing Grade Elevation Finished Grade Elevation Historic Grade Elevation Roof Elevation Height from most Restrictive lv1ost Restrictive Grade POINT AA 8214.8 8283.8 69 8214.8 POINT BB 8214.8 8276.6 61,8 8214.8 POINT C0 8214.4 8280.3 65.9 8214.4 POINT DD 8214.9 8281.9 67 8214.9 POINT EE 8214.1 8281.8 67.7 8214.1 POINT EF 8214.7 8281.9 67,2 8214.7 POINT GG 8213.9 8281,9 68 821.9 POINT HH 8213.7 8281.9 68.2 8213.7 POINT II 8213.9 8275,5 61.6 8213.8 POINT KK 8212.4 8281,5 69.1 8212A POINT LL 8213 8281.1 68.1 8213 POINT WV 8213.3 8280.9 67.6 8213.3 POINT NN 8213.7 8282.6 68.9 8213.7 POINT PP 8224.6 8225 8216.9 8272.1 55,2 8216,9 POINT iaa, 8213.8 8213.8 8212.1 8269.1 57 8212,1 POINT RR 8211.7 8273.5 61.8 8211.7 POINT SS 8217 8217 8209.5 8268.3 58.8 8209.5 TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP __ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE ROOF HEIGHT SHEET NO. 8216 r• • • 1 • • 8214 $212 8212 TYROLEAN 1 HISTORIC GRADE MAP 1 " = 10'-0" 8220 821 8218 g22° ••-••-••_••-••-••_•• •-••-••-••-••-••_••-••-••-••_••_••-••-••-••_• _•• 2° •82 • • • 032- 8220 222 RIDGE: 8210 1 • • 23 : HVAC EQUIPMENT RE. MECHANICAL 23 : HVAC EQUIPMENT RE. MECHANICAL 9 9 9 9 9 9 9 9 9 9 9 9 $2°$ 8208 • • 8222 8220 8218 8216 8214 821 • • • • • 1 • • 1 • 1 8206 • • • '8212 3 •_••_•• ••�••�••�••-•• $212 •• •• • • 1 • • 8204 8202 8200 8190 8180 82°2 8\9° $2° 8204 8202 ,6(2-0b 8206 8210 8208 December 5, 2017 - Page 347 of 567 0' 5' 10' 20' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE HISTORIC GRADE MAP SHEET NO. A2■ - ":•_=7 •••-• in in" • ff, • 111. m01. 1,•1111. • • 1111111 MINIM ' ItiN111111•11111111111 [WI imogiqiiFtir. • 111 I1II =PM alli6111111fl 4IRS I/ON111 r 1111011W VFW. :!!110110.- thi471....;ATIS,110;i411111. Looking North Looking South 1111•19,"•.•• . •• • • 'P '• • • • • • • l• • " ..4!1 WI/ IM,1111/11/1/11..:..•.••• .•, Looking South December 5, 2017 - Page 348 of 567 Note: The colors and textures depicted here are to convey transitions and architectural articulation. Physical material samples will be presented during the design review process. 07 4113 : METAL ROOF PANEL 1 ...-17:7....:.7-.17:14:-74fILL:::-SP:91i.L : "_:-...-LA=•*-- ?LW .-16e.1171e1" 74:11*-15:tr; "6" -.41-1-2.N-1177-.54:7--Eiridli; Is•Vitt't' ' I 7? -4._ . ,.... ...14,--% ....---.5. .--.• ri,i- Xliitk-41-1-r _orle: ._. ".?lif-411 , i ..... -I iiiiiirm•- ,±-:A. ) -4.... V •c.: :f :....; 6 . r::71.11:3:.:..4.11. .,......4t1 ) 7 it rt.:1: tp - s...;41t: ::::11 :11:::; . .• 1:141:::. . , i:1 -, • - r 6 a • „ • • , 07 4213: EIFS STUCCO 04 2200 ANCHORED STONE MASONRY VENEER 1 07 4600 : COMPOSITE SIDING 07 4213: METAL WALL PANEL 2 06 1323 : TIMBER TRELLIS TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 1T/1114 i' [6111aLilillIAL_I 11 REVISION No. w 0 0 LOw 0 H 0 z 0 0 _F u_ > 0 71- 71 - Description PROJECT NUMBER ISSUE DATE ISSUE Date 17021 09/14/2017 VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE 3D MASSING SHEET NO. A4.00 December 5, 2017 - Page 349 of 567 84' - 0" 23'-0" 43' - 6" 17'-6" I I 10000111111 211 • J-111111111 I 111111 11111111111M1111 MI 11111 • 1 East Elevation 1/8" = 1'-0" Dormer Level 8269' - 0" Level 4 8258'-0" �T■ Level 3 8247' - 0" Level 2 8236' - 6" Level 1 8226' - 0" �T■ Garage Level 3 8214' - 6" Note: The colors and textures depicted here are to convey transitions and architectural articulation. Physical material samples will be presented during the design review process.... MATERIAL LEGEND Key Value Keynote Text 07 4113: METAL ROOF PANEL 1 07 4213: EIFS STUCCO 04 2200 ; ANCHORED STONE MASONRY VENEER 07 4600 : COMPOSITE SIDING 07 4213: METAL WALL PANEL 2 06 1323 : TIMBER TRELLIS TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP VAIL MOUNTAIN VIEW REVISION w 0 oIIIIIIIIIII■ ry i` LO LV w HO zo I=J a■ u_ .7( > No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE OVERALL BUILDING ELEVATIONS SHEET NO. A4.02 December 5, 2017 - Page 350 of 567 84'-0 17'-6" 43'-6" 23'-0" AMME ---, 11111111111141411111111111111111 ... .... MM MM • 1 West Elevation 1/8" = 1'-0" Dormer Level 8269' - 0" 8 8 Level 4 258'-0" Level 3 247'-0" Level 2 8236'-6" lT■ Level 1 %1 -0" �T■ 8226' Garage Level 3l!li 1 8214' - 6" Note: The colors and textures depicted here are to convey transitions and architectural articulation. Physical material samples will be presented during the design review process. MATERIAL LEGEND Key Value Keynote Text 07 4213: METAL ROOF PANEL 1 07 4213: EIFS STUCCO ANCHORED STONE MASONRY VENEER X 07 4600 : COMPOSITE SIDING 07 4213: METAL WALL PANEL 2 06 1323: TIMBER TRELLIS TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP VAIL MOUNTAIN VIEW REVISION w 0 oiiiiiiiiiii■ r i` LO W wo� H zo J u_ O C'7 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE OVERALL BUILDING ELEVATIONS SHEET NO. A4.03 3 213'-2" 16'-8" 28' - 2" 28' - 2" 28' - 2" 'alt11�1il 16111.1 ""�I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IU IIII UIII „114 l 111111111111111111111111 28' - 2" 28' - 2" 26' - 2" 29' - 6" ■ 1111111111111111111111111111111�I!� Mt -� iIIIII1I1111111111111111111111111iiiil iiii11II1111 IIIIIIII IIIIV- -_ 111111111111111111111111111111 II I LBI I.-!IIIIHI____nml IIiLiL1i Dormer Level 8269' - 0" Level 4 h 8258' lT/ 8247' 0" -Leve0" Level 823366' -6"-6 " lTI 06 1323 : TIMBER TRELLIS 8 Level 1 226'-0" 2 South Elevation 1/8" = 1'-0" December 5, 2017 - Page 351 of 567 Note: The colors and textures depicted here are to convey transitions and architectural articulation. Physical material samples will be presented during the design review process. MATERIAL LEGEND Key Value Keynote Text 06 1063 Al 06 1323: TIMBER TRELLIS 07 4213: METAL ROOF PANEL 1 07 4213: EIFS STUCCO ANCHORED STONE MASONRY VENEER 07 4600 : COMPOSITE SIDING 07 4213: METAL WALL PANEL 2 06 1323: TIMBER TRELLIS TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP MIIIN•1URitilKITI11 41-i REVISION No. 0 (I) Description PROJECT NUMBER ISSUE DATE ISSUE Date 17021 09/14/2017 VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE OVERALL BUILDING ELEVATIONS SHEET NO. A4.04 10 8.5 213' - 2" 2 29'-6" 26' - 2" 28'-2" 28' - 2" 28' - 2" 28' - 2" 28' - 2" 16'-8" VI k: ! 11...'IS I,,.:1r:Ja _ME Al N14 IHIIIIIUIIIIIlII 1U IP 91 11 11 f1llfl!'e. UMW. Bio =II 11 111 El 1 !1I I1 11 1111111111 III l I iiiiiuu n k► mom' I Ei ■■ J11111 ="cliw; E:1:=itE�•�^�� 11111 lirl Ir If 1 `law 1 North Elevation 1/8" = III 1 ®1 In NM •EN O '11 IPl" P" 1T1 111 1 II 11 I 'WEW_ 1 °°4' r-17 Dormer Level 8269' - 0" Level 4 8258'-0" Level 3 8247' - 0" Level 2 8236'-6" lT■ Level 1 8226' - 0" 111 December 5, 2017 - Page 352 of 567 Note: The colors and textures depicted here are to convey transitions and architectural articulation. Physical material samples will be presented during the design review process. Key Value MATERIAL LEGEND Keynote Text 07 4213: METAL ROOF PANEL 1 07 4213: EIFS STUCCO ANCHORED STONE MASONRY VENEER X 07 4600 : COMPOSITE SIDING 07 4213: METAL WALL PANEL 2 06 1323: TIMBER TRELLIS TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP MIIIN•1URitilKITI11 41-i REVISION No. w 0 oiiiiiiiiiii■ r i` LO W wo� U) 1-O zo 2 0 (I) Description PROJECT NUMBER ISSUE DATE ISSUE Date 17021 09/14/2017 VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE OVERALL BUILDING ELEVATIONS SHEET NO. A4.05 88556 LEO INEMENE MIMEETE AribMMENNE I `y. 20 5-2-1-054 1111 NFIAMEr/MM..MiiiiiMidEMEM ( 0 ■■■•■■■■■■■■• ■■■• ��■� ,Illllli- ,VIII!!= " ■ ■■■ ■ ■■■ ■ ■■■ II:■■■ ■ ■■: ■■■1 ■■■1 ■■■1 ■P ■■■I �■■■-■■.�■■._■■••_■■11 �■■■ ■h_j_j••_j••___1I•I1,__j•!L ■■ .0■■�■■!■■�■■!_ ■11!•1■I! ■ ■1 ■■■1 ■II .■■1 �__■I ■ ■■■ .■■I■ ■ ■ ��_ �.■_. • ■_ •• ■■■_ .■ I■ ■ !.I! ipp \ I LIGHTING PLAN 1/8" = 1'-0" ••_••- •_••_••_••�••�••�••�••�••�••�••� • 1- ••�•• 4NE • • ant ••_•• December 5, 2017 - Page 353 of 567 Civic 1 54365FTABZ 17 uantlly: Cor)hrlerlt - 13.75" 13.5" 15.75" Measurements: Height 13.75" BP Height 12.25" Hanging Weight 6.00 Ib Lamping: LED PCB LED 1.00 11W PCB LED 11 total watt Width 13.50" BP Width 5.75" Dimmable ; Electronic Low Voltage (ELV) Dimmer Shipping: Carton Weight 7.32 Ib Master Pack Qty 1.0000 Carton Width 15.50" UPC 783209134034 Extension 4.00" HCO 4.00000" 900 Rated Lumens 3000 Color Temperature 90+ CRI Carton Height Carton Length 16.75" 18.50" UPS Yes Finish: Architectural Bronze ABZ Glass: Frosted FT Material: Aluminum Certification: Wet Location CA Title 24 Additional: PCB LED (Included) Mir 253 NORTH VINELAND AVE 1 CITY OF INDUSTRY, CA 91 746 r 626.956.4200 1 F 626 956 4225 eMmislichong Always consult a qualified, licensed electrician before installation of any products... 48.16. Technical amendments reserved 0' 4' 8' Product data sheet Surface washer DEGA Lichttechnische Speziafabrik DCA A 1 lennenbusch • D - 58708 Menden 1:1C1tio1H 88556 IP 65E,10 of Project • Reference number Date I I www.bega.com Application LED surface washer with flat beam bio....ad Spread light distribution for ill'Imination of paths and GI ItIC111 uco The used LED technique offers 111,I -ability and optimal light output with low power consumption at 1111e same 11111e. U....1....+ descri..ri.... I I Iminaire matte of all:minil lm alloy, ail lminil Im and stainless steel 1.Iatt s.-F20h glass Silicone gasket Reflector Tilade of dire anodised aluminium Swivel . n^yam .... i 1lminaire with mounting plate for bolting onto a foundation or an aIIUlolacie unit 11 cunting plate w h two pitch circles: Oi 711 mm, :3 PJongated holes 7 mm wide 0 100 1 i n i, 3 eiolioated holes g 1111wide I uminaire n be dinned on the m ,r.+6.., plate. around 380° M c:tinting bracket with connection hnv and 5 -pole terminal 4° for connection of mains Supply cable max. 5 x 2—pole p1.' connection for analogue dimming LED power supply unit »n -tan V 01501-80 600 DC 176-276 V Dimmable 1-10 V A basic isolation exists between power cable and control line Luminaire: e: Protectioln class IP 65 Dust -tight and g ro ptection against water t watjets Safety class i r h , Impact strength ti I i l<` 0 Protection against mechanical impacts < 10 joule ‹glodi — Safety mark C E - Conformity mark Weight: 7.0 kg Light distribution Montageplatte MountiN plata eontre-plaque 0 70 -1 1--0100-4 lamp I I Iminalfe connected wattage Rated temperature Ambient temperature JJV 0o 556 VV MortIle designation Colour temperature rendering index dIl MoColour le 1im Rni Is fl v i uminaire luminous nux 1_�1I III loll0 TUI I III IVUO 01111 101 IL 88 556 KA Module designatio n Colotemperature Color rendering index Module nous flux Luminaire - lu 11mino Is flux Lifetime of the LED Ambient temperature t_= 15 "i. _-_----- at 5011, ,000 : ono 10 - — at 118 01111 h: L 1x11=2 4,0 Ambient temperature ta— 25 °C — at +,r1 01111h: 1 9013111 — at 350,00011: L70ts50 25.3 W 2`1 VY La_=25 °C iarnax —AIS a1. LED 0260/830 31))lA) i[ rl CILJ 2950 lm 1:-545 im 67,1 1m AV LED -0260/840 4000 11 Ra> tnl) 3165 im 2068 Ira 72 im AAI tux. ambient temperat.IIre t — 40 °C — at 50,0000: L00ts 10 — n. 240,000h: L70R50 inrush current Inrush current: 21 A118.2 jis Maximum ni imher of i1 lminaires of this type per miniature circuit breaker: 01011- 50 luminaires 11 16A. 50 luminaires C1OA: 50 luminaires n 1 8A: 50 luminaires ArTICle tan. RR!1ttF5 LCD WI01Jr temperature optionally 300011 or 4000K 3n11111 K — Article number 4000 K — Article number + n4 Colour graphite or elver graphite — article number silver— article number + A 709. ,Anchorage unit Anchorage unit with mounting flange made oalvanised steel. Total lenoth 400 mm. 3 stainless steel flzinu screws M 6. Pitch circle,? 100mm. See the separate instructions for use. 16 FIXTURES Bollard Wall Accent TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE LIGHTING PLAN SHEET NO. A9■ MEM EINsminft PROPOSED PHASE 11 BUILDING i EMIMIS ENEEP 8220.9 -1a SITE SECTION fallaINENE CONDO B„o Li CONDO EHU AND CONDO EHU 27' MaginaIND alIMME IMEmeme 95' 69'-11” ABOVE HISTORIC GRADE Ilmemem PHASE 1 BUILDING 48' ABOVE HISTORIC GRADE— d GARAGE GARAGE GARAGE LOBBY 0 90' 73' Dormer Level 8269' - 0" C) RAMP PRIVACY WALL 8209.6 MI MN C 8206 GARAGE CONDO CONDO CONDO CONDO Level 4 8258' - 0" Level 3 8247' - 0" Level 2 8236' - 6" Level 1 8226' - 0" Garage Level 3 8214' - 6" Garage Level 2 8203' - 0" Garage Level 1 8191' - 6" Elevator Pit December 5, 2017 - Page 354 of 567 8187'-6" TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTI- No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET SHEET TITLE SITE SECTION SHEET NO. 0:1Vai11Mountain View-20171dwg1Master\Grading.dwg,10/5/2017 5:12:42 PM, Leininger INTERSTATE HIGHWAY NO. 70 S. FRONTAGE ROAD (CDOT) (R.O.W. VARIES) EXISTING GAS UNE (HIGH PRESSURE PER PHASE 1 PLANS). POTHOLE EXISTING ELECTRIC AND PHONE TO VERIFY ELEVATIONS. RELOCATE OR LOWER IN THIS AREA AS REQUIRED. EXISTING CONCRETE WALK, TO BE REMOVED BETWEEN WEST PROPERTY UNE AND THE EXISTING ENTRY DRIVE. THOLE EXISTING ELECTRIC TO RIFY ELEVATION. RELOCATE OR WER IN THIS AREA AS REQUIRE 'ADJUST •XISTINg ELEC.3'2%. MH TO Fl ISHED o .'GRADE, 4't UPR 4 I 114.0% a I p 211 E • PN MATCH EXIS . _DRIVEWAY SLOPES_ EXISTING HEATED CONCRETE DRIVE TO REMAIN ,'/ FUTURE WALK EXTENSION TO \VAIL VALLEY \ DRIVE, 9OLF± \ ADJUST EXISTING ELEC. \ MH TO FINISHED GRADE, 19"± DO\WN. 0 ' SOUTH EDGE OF FULL // �\ \\LANE''S/EASEMENT \ \\ \\ DO�Oj\N01T G \ \ \v40J \ PR MATCH NEW CURB IN 0 EXISTING DISPOSE OF EXISTING CONCRETE CURB NORTH OF THIS POINT. 9-7" RISERS GRADE UP FROM BA OF CURB TO WALL 0 2% UNDER STAIRS ail ora11 ill ii ,C3 imilliagpiligio .Ale. �2G1 _ LO■ADIN r SP/A 6:+t ■i■■li■■ld■44 �n ■__■• ■�; I ,4 \ 11011!-IMPIVIIIII01. \:I�MAJItl mill_ILUAT-Ihra.117.4 n • --14:11111P"•-■■ -•lPiliim. ■ = I ilmnimmenliiiMifill r%, sill ■rte ili tillim ,14 1 amilimurimaamiturool- ir 4 Jump L. M,*j 11 111 1 I 1 II 11 1, III��� 1111 III :' Hi PROPERTY UNE EXIST. EASEMENT PROPOSED 1' CONTOUR PROPOSED 5' CONTOUR EXISTING 2' CONTOUR EXISTING 5' CONTOUR PROPOSED SLOPE OR GRADE PROPOSED SPOT ELEVATION PROPOSED BOTTOM OF EXPOSED WALL PROPOSED TOP OF WALL iN PRIVATE ACCESS EASEMENT 0 CO 7n NOTES: 1. CONTACT AEI PRIOR TO INSTALLATION OF TREES, SHRUBS, IRRIGATION OR OTHER LANDSCAPE FEATURES TO REVIEW FINISHED GRADE. 2. PER GEOTECHNICAL REPORT (H—P GEOTECHNICAL, JOB No 106-0297), A MINIMUM SLOPE OF 20H:1V AWAY FROM PROPOSED BUILDINGS IS REQUIRED IN LANDSCAPED AREAS FOR THE FIRST 10' FOR DRAINAGE PURPOSES. HARDSCAPE SHOULD DRAIN AWAY AT A MINIMUM OF 2% WITHIN 10 FEET OF THE BUILDING. 3. BW ON THESE PLANS REPRESENTS THE BOTTOM OF THE EXPOSED WALL, NOT BOTTOM OF FOOTER OR FOUNDATION. WALL MAY NEED TO BE EXTENDED FARTHER BELOW FINISHED GRADE FOR FROST PROTECTION, LEDGE, ETC. 4. COMPACTION OF BACKFILL SHALL FOLLOW THE GEOTECHNICAL RECOMMENDATIONS. 4') o� 1•-:A\ \ 4i December 5, 2017 - Page 355 of 567 PRELIMINARY SEPTEMBER, 2017 NOT FOR CONSTRUCTION VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK 44/ irAksk ./ CO • /M14 i — --- 4 4 A 4 SHEET SHEET 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 VAIL MOUNTAIN VIEW PHASE 11 434 SOUTH FRONTAGE ROAD EAST, VAIL, CO 81657 No. Description Date PROJECT NUMBER 26030 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET TITLE GRADING NO. s.dwg, 10/5/2017 5:13:21 PM, Leininger 0:1Vai11Mountain View-20171dwg1Master1Util 4 6 i �' ANSFORMER AND AUI TRANSFORMER O B 6 SIZED FOR gXIS-gtIG4 4. 6 PROPOSED L+AD . 4 \ \SOUTH EDGE OF FULL \ \\ LANES/EASEMENT In POTHOLE EXISTING UTILITIES IN THIS AREA TO DETERMINE DEPTH & LOCATION. LOWER UNES AS MAY BE REQUIRED BY GRADING TO PROVIDE MINIMUM COVER. \ \ \ \\ \ \ \ UTILITY EASEMENT RECEPTION No. 200626169 W EW EW q' 6 I 6 4 EG �H c'UIits iUEG FYILEVA11ON. I�ELOCA OR LOW IN THIS AREA AS REQUIRED4'. T6 PR0VIDE4MINIMUM COVE'. EW \ \ \ \ `\` \\ \\ \/ \ \ \ \ / \ \ \\ \ \ RELOCA EXIS11NG \ PHONE IFR IRED BY \ \\ `\ \\ 4T, INET LI,Al10N. \ \\\\ \ \ \ / `\ \/ , W m \ \ `\ \\ / `\ \/ ,/ , \\\/' / "� / i . /)\ NoW \\ TYROLEAN CONDOMINIUMS t!4- PROPOSED SEC & NUMBER OF ELECTRICAL. C TRANSFORMER TRANSFORMER TO SERVE B EXISTING DARY : CTRIC, ONDUIT PER ACITY OF EXISTING BE CONFIRMED. AY REQUIRE UPSIZI PHASE 1 & PHAS \ 1\ m i rn m i m rn m N C O rnoco\ orn ON m EXISTING GAS METER PIPING IS IN PLACE ADDITIONAL METER PHASE 2 GAS SERVIC EW EG EW EW EW EW INTERSTATE HIGHWAY NO. 70 S. FRONTAGE ROAD (CDOT) (R.O.W. VARIES) •6 • EXISTING GAS UNE (HIGH PRESSURE PER PHASE 1 PLANS•)._ . • .Q ' 6 . 6 4. EW EW EW 4 4 4, 0 EW EW EW I I I F,, December 5, 2017 - Page 356 of 567 PRELIMINARY SEPTEMBER, 2017 NOT FOR CONSTRUCTION 4 EW m EW m m R L.CA EXISTING FIRE H NT & GATkpiq (OR INSTALL NEW). REMOVE XISTING FH UNE & TEE & A S•! S -EVE. • 4 EE EW 6' 4 4. 1: EW 1 4 6 EW EE EW 4 I 6 4 . 4 EW • 6 4/ . • 6 4 4 EW 6Z. 6 4 4 ""-- A4 64 6 4 A \ T EW 4' 6 4 6 • 4 4 . 64 EW 4 '6 • �■■ �a■ anima■ ����, �: mi■ig Ill■:lkilir idiELi711%4311Mirolia;._17,4•4` vif/i rE -liIs.-a=dn' P,m„„:„1..ul:::,:,,,..„:'''.'.mm—-". '. 1..9.1.15 ri u...11.ia.!lAii.i1ELt1!2::I1al• _.IIII_I■ ■■II■� iEN..11t', ■.:l , ii11In1. �� :.: 1iiA. ieE_ll1imi r•'n-'.iRmt'aIk ..■E=� ]I■I0 AmZ- I.■,■■■, ., „■Iwr ■■ "4.1�1■■■ ■i■■■■ ■:11. ■ u1 I■■��i ■■i�%,. ., . . . ' ,�',Io!m■■!.■■!.\1► �: m1IMI� Ei4 'a Er 'RI" . m tom 11■■!!■■!14■■tra n .!� E fa. IIUu!Iiiii!ILtiiu!I.■�.� .■■■� •4 1 �i- ■�■■71 II 1 „„. •I; �v. 4 4 w GRAPHIC SCALE 0 5 10 20 ( IN FEET ) 1 inch = 10 ft. VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK O ST x1 Q GM SEWER MANHOLE STORM MANHOLE WATER MANHOLE TELEPHONE MANHOLE CLEAN OUT WATER VALVE FIRE HYDRANT GAS METER LEGEND PE PE PE PES PES PES EE EE EG EG EPH ES ES EW EW ETV EPH T E \ ETV PROPOSED WATERLINE W/ FH & GV PROPOSED PRIMARY ELECTRIC PROPOSED SECONDARY ELEC. PROPOSED TRANSFORMER LOCATION EXIST. BURIED ELEC. LINE EXIST. GAS LINE EXIST. PHONE LINE EXIST. SEWER MAIN EXIST. WATER MAIN EXIST. CABLE TV EXIST. ELECTRIC VAULT EXIST. PHONE PEDESTAL EXIST. TRANSFORMER EXISTING 6" SEWER SERVICE, INV=8199.0 PER 2006 PLANS -1":\03 \CS) iris* 4 4 A4\ 4 4. k=r PRIVATE ACCESS EASEMENT A E PRIVAT APOLLOvAPrK AT CONDOMINIUMS too 4 4 SHEET SHEET 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 VAIL MOUNTAIN VIEW PHASE 11 434 SOUTH FRONTAGE ROAD EAST, VAIL, CO 81657 No. Description Date PROJECT NUMBER 26031 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET TITLE PLAN -UTILITY NO C1.02 0:1Vail1Mountain View-20171dwg1Master1Details.dwg, 811512017 3:07:47 PM, Leininger December 5, 2017 - Page 357 of 567 PRELIMINARY AUGUST, 2017 NOT FOR CONSTRUCTION SHEET SHEET DISPERSE LARGE RDCKS IN THIS ZONE PROVIDED RDCKS DO NOT INTERFERE WITH BACKFILL COMPACTION REQUIREMENTS BOULDERS GREATER THAN 18' TO BE REMOVED FROM BACKFILL AND DISPOSED DF AS APPROPRIATE. NOTE: TRENCH BACKFILL WITHIN ROW IS TO BE FULL DEPTH TO ( OF ABC/HBP SECTION) FLOWFILL. NO ROCK ALLOWED GREATER THAN 6' HWY 6 BOTTOM THE USE OF P❑LYETHELENE WRAP FOR C❑RR❑SIVE S❑ILS APPROVED BEDDING mar/i [r, __ ____ __ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 TO BE DETERMINED BY ENGINEER ,� �•'% `• '11-1i=: "• I -I1, ��j� +: ^ := NOTE: VALVES SHALL NOT BE INSTALLED IN BAR DITCHES. PROPOSED LOCATIONS SHALL BE APPROVED BY THE DISTRICT PRIOR TO INSTALLATION. FLAG ON HYDRANT TO LOCATE IN WINTER WHEN HYDRANT IS COVERED IN SNOW PIPE POLYETHYLENE TUBE Oil 1 ) 0 D STEP 1 =11-11=111,_ `: /` :`;t'' 5' t..-.•.»:=11-11 _ ;=:. ���•,� ; "'s' ,i=11 -p- =11=11-=,, = :?•%��"„=11=11=11=' ". 4-11=11=11.=' INSULATED 10 GAUGE COPPER TRACER WIRE SHALL BE INSTALLED IN THE WATER MAIN TRENCH, SURFACING OUTSIDE THE MAINLINE VALVE 4" PUMP NOZZLE BOXES AND NEXT TO ALL FIRE HYDRANTS. CAD -WELDS SHALL BE WELDED AT ALL (FACE TO TRAVELED WAY) WATER MAIN JOINTS AND FITTINGS AND PRO- TECTED WITH COAL TAR. THE CONTRACTOR INSTALL MUELLER SHALL TEST CONDUCTIVITY OF THE PIPE AND MOUNTAIN HYDRANTS (2'\�:\� TRACER WIRE. GUARD VALVE WILL ADDITIONAL SPOOL / OCATED ON' THE SECTION) FORTHIS PROJECT I BE LOFF N o I o/`� \ I �/ =11=11-11- 11-11-11.=11` =11=11-111,- /, -11"1111.=11=11=111111=111=11=111' 'l 1 BOND BREAKER 4 MIL \ BOND BREAKER 4 MIL . ' -"=11:=11'.=11:-1L 11=" POLYETHYLENE " POLYETHYLENE SEE VERTICAL THRUST •� + '<:� '' PLASTIC (TYP) PLASTIC (TYP) BLOCK DETAIL FOR SIZING ' �'"ij✓� UNDISTURBED DOUBLE 45 BENDS TO VERTICAL THRUST BLOCK -SECTION EARTH COMPLETE A 90 I URN PARALLEL BENDS - PLAN , SEE PARALLEL BENDS DETAIL FDR SIZING \ 3/8' PLYWOOD FORMS DISTRICT let-+.t+.t&&���A \'\�/\ / 12' // VARIES / SEE SPECIFICATIONS FOR /�//�/% TRENCH / BACKFILL APPROVED BEDDING THESE DETAILS ARE TO BE �% // FOLLOWED FOR. EVERY FITTING IN ,� .�i j o.' TEE THE IN 4'-0" - COMPACTION REQUIREMENTS ISSUE DATE 09/14/2017 MARKING TAPE TO BE PLACED 24" MINIMUM 36" FROM ABOVE PIPE OR FINISHED GRADE TO ANY PROTRUSION STEAMER NUT :�■ I Qi 2-1/2" CONNECTION �`O� '"' /\ POLYETHYLENE PLASTIC TUBE TAPE PIPE A 12' THE INSTALLATION �� •` \\\ Z �' I •'•" �:;: • • . UNDISTURBED IIs �1• •'',* , NO ROCK ALLOWED GREATER THAN 6' i\ .:' /\\\ \/\\/ PIPE SUB -GRADE, STABILIZATION \: BEDDING SEE BELOW i /\ � / ZONE d : :,�ti EARTH ti: .: �Il BOND BREAKER 4 MIL �'>7 POLYETHYLENE PLASTIC (TYP) MINIMUM BEARING ..',. •: '•... . •�., % //v- /� .\�/�/,��/T� \� WATER MAINS TO :E / �/�C\/�C\/C\/�\/�\�/� I SEE W-7 FOR DETAIL `/`//``% .< tC FLANGE 6BRMAX MB M DISTANCE ABOVE FINISHED GRADE \ < \: .LE \ BRING 10 GAUGE INSULATED /�//\/ MATERIAL IF REQUIRED /.>'/X//\/\/ MARKING TAPE PLACED 24' THE TOP DF HIGHEST PROTRUSION TRENCH ZONES TO BE ABOVE PIPE OR \BURIED AT 7'-9' 50' MAX / COPPER WIRE TO SURFACE PLYWOOD FORMS - MINIMUM 3/8' SURFACE AREA - OR DISTRICT APPROVED EQUIVALENT SQ. FT BEND - PLAN DEAD END - PLAN \\'' MINIMUM COVER, VALVE BOX AND GATE , 7'-9i' COVER I AT ALL FIRE HYDRANTS \' SEE SPECIFICATION • VALVE AND CONNECT TO MAIN LINE TRACER WIRE MINIMUM BEARING SURFACE MARKING TAPE TO AREA - SQ. FT r� BE PLACED 24" ,7 V. Y' I4 ' ,\ WATER MAIN i•: MEGALUG I� t •o TRACER ° WIRE 12' MIN BEDDING ON TOP OF HYDRANT SHOE p 0 0 0 0 p ° 0 0 0 pop o 0 0 ° p o 0 0 o 0 0 p p p o ° ° . \ viiv. - t333iiZrti / PROVIDE MIRAFI 140NNI AROUND GRANULAR BEDDING MATERIAL PER ^ j i f Q ! wi ABOVE TOP OF PIPE OR ANY PROTRUSION t- : ' / / / , STEP 2 `w• BOND BREAKER 4 MIL ,s I: ,*'*,.4* e**: G '� I 4 ,• • 11 II ' 111,p •: CONCRETE f'�. / POLYETHYLENE PLASTIC (TYP) Yr fr • e • • ;' a '. .. ° ` =•ae' '= to 0 0 0\ o p o : o ° p .:. o ° oo2,-0" 0 0 0 0 0 op 0 ° 0 •' ` •• '� THRUST BLOCK \ �� / / fa IVO •:�`�MINIMUM SURFAC: • °•_ /, q „. SQ. FT ' 2/3 BEARING O.D. PIPE AREA - v, �������"������� .!.:. �. y ... •; '; fr /� �/�A/� \�\\ \ � � p 0 0 0 p o� o o p o °o 0 ° ° i .. . . // // DO NOT BLOCK FIRE CONCRETE HYDRANT DRAIN WITH PLASTIC TAPE POLYETHYLENE PIPE TUBE GEOTECH REPORT \ \ \ TRENCH BACKFILL �� i\� /// \/�/ i\\/\\ SEE CONCRETE THRUST SPECIFICATIONS /, �jv BLOCK -./� BLOCK BASE OR THRUST BASE BLOCK /. :- . ;' //A \ Y y :' VY y Y Y Y Y Y Yj 'i VA�v7.---••-`7=;{/ \// e p `©; .,• `' : •::. ...,- DISTRICT APPROVED .`.:; _ • '' ' °_ " COMPACTED /\//1111 N \ / i,/' BEDDING UNDISTURBED MATERIAL EARTH PLYWOOD FORMS - MINIMUM 3/8' UNDISTURBED OR DISTRICT APPROVED EQUIVALENT EARTH TYPICAL CROSS SECTION GUARD VALVES FOR FIRE HYDRANTS1 3' 6" HYDRANT DRAIN PIT, SHALL BE RESTRAINED WITH MINIMUM --SQUARE 27 CUBIC FT. OF MEGALUGS TO THE WATER MAIN. FIRE 1-1 2" OR 3/4"WASHED ROCK / / HYDRANT LATERALS SHALL BE WITH MEGALUGS TO THEGUARD VALVE. MEGALUG RESTRAINTS; USED IN CONJUNCTION WITH THRUST BLOCKS. HYDRANT CLEARANCE DIAGRAM . BEDDING /\/ '"',' . D ` O MATERIAL i/ O \/ "" : ° \� • UNDISTURBED �• �; • •- : ,•-: `. ` ,.�FOR ' . • > \ / \/ �\BZONEG �\\ /OF ; \\ //\( MINIMUM BEARING SURFACE (SF)RESTRAINED ( ) MINIMUM BEARING SURFACE SF FOR 201 TO 250 PSI_ARE , MP `'� 11�� �1 ■"�1i - - - f EXERCISE CARE TO PREVENT PENETRATION STEP 3 200 PSI AND LESS SIZE BENDS SIZE BENDS TEE OR PIPE o 11-1/4° 22-1/2° 45090 o DEAD END OF PIPE 11-1/4° 22-1/2° 45o 90o DEAD END 4" 1.6 3.1 4 4 8.0 SOIL /,� \< Cs • .;• Q �.• . ,..:•,.,... \% • p�.; z.: :El'• •. :. .SJ .-0,. , / //\ / THERE ARE NO ABOVE GROUND ii OBSTRUCTIONS ALLOWED IN THESE AREAS FRONT ---10 FEET OF CLEARANCE 4" 1.3 2.5 2.5 4 6.4 6" 1.6 3.1 6.2 11.4 8.0 OF POLYETHYLENE WRAP WITH GRAVEL, ROCKS, ETC. FIELD INSTALLATION - POLYETHYLENE WRAP \\\//i\�/%�/\\///\//%//A�/i /\ \\//, /�/ PIPE SUB -GRADE PIPE BEDDING ZONE 1/4 O.D., 6" MIN 6" 1.3 2.5 5.0 9.0 6.4 8" 1.6 3.1 6.2 11.4 8.0 8" 1"3 2.5 5.0 9.0 6.4 10" 2"4 4"7 9.25 17"1 12.0 10" 1.9 3.8 7.4 13.7 9.7 12" 3.4 6.7 13.1 24.2 17.1 CONTRACTOR SHALL INSTALL POLYETHYLENE WRAP ON WATER LINES STEP 1 - PLACE TUBE OF POLYETHYLENE MATERIAL ON PIPE PRIOR TO LOWERING IT INTO PLACE. STEP 2 - PULL THE TUBE OVER THE LENGTH OF THE PIPE. TAPE TUBE TO PIPE AT JOINT. FOLD MATERIAL AROUND THE ADJACENT SPIGOT END AND WRAP WITH TAPE TO HOLD THE PLASTIC TUBE IN PLACE. STEP 3 - OVERLAP FIRST TUBE WITH ADJACENT TUBE AND SECURE WITH PLASTIC ADHESIVE TAPE. THE POLYETHYLENE TUBE MATERIAL COVERING THE PIPE SHALL BE LOOSE. EXCESS MATERIAL SHALL BE NEATLY DRAWN UP AROUND THE PIPE BARREL, FOLDED ON TOP OF PIPE AND TAPED IN PLACE. NTS 12" 2.7 5.4 10.5 19.3 13.7 16" 5.8 11.6 22.7 42.0 29.7 16" 4.7 9.3 19.1 33.6 23.8 20" 9.0 17.9 35.0 64.8 45.8 20" 7.2 14.3 28,0 51.8 36.6 NTS GENERAL NOTES NTS 10' �_`� 11 SIDES ---7 FEET OF CLEARANCE REAR ---4 FEET OF CLEARANCE ABOVE ---20 FEET OF CLEARANCE 1. MEGALUG RESTRAINTS SHALL BE USED IN CONJUNCTION WITH THRUSTBLDCKS. 2. MINIMUM AREA REQUIRED WILL BE THAT OF AN 8 INCH MAIN 3. ALL THRUST BLOCKS SHALL BE FORMED. THE MINIMUM THICKNESS FORM MATERIAL SHALL BE 3/8' PLYWOOD OR DISTRICT APPROVED EQUIVALENT. 4. BEARING AREA BASED ON SDIL BEARING PRESSURE OF 2000 LB/SF. NTS A FIRE HYDRANT ASSEMBLY B WATER AND SEWER PIPE BEDDING DETAIL G CONCRETE THRUST BLOCKS D POLYETHYLENE WRAP VARIES 6" CONCRETE CONCRETE PAVERS OVER 2"f OF S/ AND TUBING. RE: LANDSCAPE OR AF FOR PAVER SIZE, TYPE, SPECS, MANUFACTURER & PATTERN. SEE PLANS FOR SLOPE FINISHED GRADE BACKFILL WITH APPROVED a ° a a ° ° a ° 4 d. _ ° ° a .., •ErbinurLcitrlooff 4' MIN. FOR PRIMARY 2' MIN. FOR SECONDARY 7, SUITABLE ONSITE MATERIAL /OR 3/4" SCREENED ROCK. OOI�.j00I0100I0100I0100I�0 OOI�.j00I0100I0100I�.j00I�.0 OOO�.j000�.j000O1000�.j000 jONOjONOjONOj00I0100 0100010001000100'000 PROVIDE 2' OF 3 4" ROADBASE OR• / 3/4" SCREENED ROCK OR SCREENED ON-SITE 9 ,, ,) *A C 40 = �/- �► �- ^ --)4( , •/ \/ \/ \/ �/ \/ \/ \/ / \/ \/ \/\\/�\� i��/\�/��/% N.j�'\l \ /,�,, j� j�/ j� �� \�/\�/� /��/ / " /, \ / / � � j\�\%\ 6" AGGREGRATE BASE !/\ COURSE COMPACTED PER SNOWMELT TUBING (APPROX. 7/8' DIA") RE: MECH. TIE TO SPECIFICATIONS. WELDED WIRE FABRIC (6 X 6 W1.4 X W1.4) AT BOTTOM OF CONCRETE. STAPLE WWF TO BASE AS NEEDED TO PREVENT ALL CONCRETE SHALL FABRIC AND TUBING FROM "FLOATING" DURING CONCRETE POUR. BE CDOT CLASS P SAND BEDDING PER PAVER & X TUBING MANUFACTURERS . •e e e • e� � k��� �� .�'07l� • `� V 7. 4/ 4/ 0 0 0 o ��.AI.AI.��. • • • • ,i�fa�fa�• 1-1/2" MINUS MATERIAL AS APPROVED BY ENGINEER. WARNING TAPE SECONDARY ELECTRIC CONDUIT FROM fi�i` if�i�i'�i�i`% ��i��i`i�i��ii ����%t'�i�%��%. I '� '1 11� I� I� I� /� !� !� !• I� I� �� !� �I� t� �t� �t� , -,.4-,.4-,-.4�' ��.���.4�'.4�..��,.4�'..4��.4�,.4�,,.4�,.4�,.4�,.4�,.4 \\� \\/� \ \�&/�/�� \ 6" COMPACTED CLASS �/ � //�/�/�/�/ N , / A / /,/ /�/ / 6 BASE COURSE '` /\ //\/ '` ////,\//.� ' �,` SUITABLE COMPACTED SUBGRADE (SEE SOILS ENGINEERS RECOMMENDATIONS) NTS 2020=. -pie-Tie--1 �.. TRANSFORMER TO BUILDING. SIZE & NUMBER PER MECHANICAL. NOTE: CONTRACTOR SHALL PROTECT SNOWMELT TUBING AT ALL JOINTS IN CONCRETE PER MANUFACTURER'S RECOMMENDATIONS. NOTE: PROVIDE CLAY CHECK DAMS © 100' INTERVALS IN AREAS OF HIGH GROUND WATER. SNOWMELT DESIGN AND LAYOUT SHALL BE PER MECHANICAL & MANUFACTURER'S RECOMMENDATIONS. SNOWMELT PLANS SHALL BE SUBMITTED FOR REVIEW. NOTE: ANY CONSTRUCTION JOINT SHALL BE TIED WITH 30" LONG #4 BARS, 18" O.C. NTS E F ELECTRIC TRENCH G HEATED CONCRETE SIDEWALK H HEATED PAVER WALK t 3 „ _ / © \ 24" E- -IIIc IIIIII- © 24„ 111=4 /7 ` 25„ () JI \ 6'' ECTION84" 4 SECTION --.41 84" I I I I I I 84" . ' PAD CENTERED ON VAULT TRANSFORMER ON PAD ' i NOTES 1. TYPICAL TRANSFORMER OUTLINE 2. LIFTING HANDLES (2) PER VAULT SECTION 84" 1 1 1 1 1 1 3. LIFTING HOLES - - 4. BACKFILL TO BE WELL COMPACTED 5. SOIL UNDER BASE TO BE UNDISTURBED OR WELL COMPACTED 6. (6) KNOCKOUTS 8"X12" PER VAULT SECTION 7. CONDUIT(S) INSTALLED THROUGH KNOCKOUTS SHALL BE GROUTED 8. BOND #2 COPPER INTO GROUND SYSTEM - WITH ROD AND NEUTRAL 1 / VAULT CENTERED ON BASE THREE PHASE TRANS. VAULT (500 KVA & Larger) 1 - 40200 Large Base -3,600 Ibs. 2 - 40800 Vault, 6'x2'H -3,000 Ibs. Each 1 - 40500 Pad, 3Phase -3,400 Ibs. DOLY CROSS ENERGY 3 PHASE (500 IKVA OR LARGER) TRANSFORMER VAULT SPECIFICATION APPENDIX UM1 -1 1 S December 5, 2017 - Page 357 of 567 PRELIMINARY AUGUST, 2017 NOT FOR CONSTRUCTION SHEET SHEET 3 5 9 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 __ ____ __ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET TITLE DETAILS NO. C 1 ■ 0:1Vai11Mountain View-20171dwg1Master\Fire Staging.dwg, 10/5/2017 5:14:27 PM, Leininger INTERSTATE HIGHWAY NO. 70 S. FRONTAGE ROAD (CDOT) (R.O.W. VARIES) 45.00 6.00 18.00 VAIL 431 LA3 D E feet : 8.50 : 8.00 : 6.00 : 28.70 Width Track Lock to Lock Time Steering Angle VEHICLE SWEPT PATH (TYP) FRONT WHEEL PATH (TYP) A 4 14 4 '4 4 . • A 4.-A 4 A 4 A 4 r— RELOCATE EXISTING SIGN 4 NO SNOW STORAGE IN THIS AREA. PROVIDE CLEAR AREA FOR FIRE STAGING. OBT PERMISSION FOR WORK PARK PROPERTY. 4 RESS%EGRES MAY BE RVQUIRED A 9LLO ARK `PROPERTY. PRIVATE INGRESS /EGRESS EASEME T EXISTING HETED CONCRETEDI TC REMAIN \M: At.4 rar--3 30.0' CLEAR t SUBURBAN EXITING GARAGE 4 4 m O rn i / / / / J 0 w N EpN in rn (f) PRIVATE ACCESS _ NQS v1ENT °I A / APOLLO PARK AT VAIL CONDOMINIUMS I rai rua ASSUMPTIONS AND GENERAL NOTES: GRAPHIC SCALE 1. THIS SIMULATION DOES NOT ACCOUNT FOR DRIVER VARIABILITY OR DRIVER SKILL. 0 5 10 20 PRELIMINARY SEPTEMBER, 2017 NOT FOR CONSTRUCTION ( IN FEET) 1 inch = 10 ft. December 5, 2017 - Page 358 of 567 4/ 011 L_ t• N N J \ 7 1—� / "44141-11" 41,41 trr SHEET SHEET 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 VAIL MOUNTAIN VIEW PHASE 11 434 SOUTH FRONTAGE ROAD EAST, VAIL, CO 81657 No. Description Date PROJECT NUMBER 26030 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET TITLE FIRE STAGING & LADDER TRUCK SIMULATION PLAN NO. LARGE DECIDUOUS SHRUB (TYP). — SPRUCE TREE (TYP.) ACCENT EVERSREEN SHRUB (TYP). SOUTH BROWNSTONE BOULDER OUTCROPPING (TYP.) LOW SPREADING DECIDUOUS SHRUB (TYP.) ASPEN TREE (TYP.) PERENNIAL FLOWERS (TYP.) HEATED PAVER WALK AND DRIVEWAY ORNAMENTAL GRASSES (TYP.) POTENTIAL PUBLIC ART FEATURE + ;� fr * * 4'\ : ,b 4' 4,`m ) )/4' 1* I / 4, 4, 4, */ I 4, w w 4, 4, w 4, 4, w w EXISTING SHRUBS TO REMAIN (TYP.) 7 / BROWNSTONE BOULDER OUTCROPPING (TYP.) HEATED PAVER SIDEWALK EXISTING LANDSCAPE ON EAST SIDE OF PAVER WALK TO REMAIN SMALL DECIDUOUS SHRUB (TYP.) i I I I I • / 4 PRELIMINARY LANDSCAPE PLAN 1/8" = 1'-0" December 5, 2017 - Page 359 of 567 LARSE DECIDUOUS SHRUB (TYP). SPRUCE TREE (TYP.) G ,4k c -NE) SYMBOL OT -4°. DES RFTION SIZE 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 macDesign 1 ■ LANDSCAPE 1, ■ ARCHITECTURE l ■ SITE PLANNING P.O. BOX 6446, AVON, CO 81620 970.513.9345 DISCIPLINE STAMP W 1 SPRUCE TREE 8' 545 M N. Ar' 4` 011/1/ _ + _SMALL /�/ \\\� EVERGREEN TREE 6' 545 M N. 2 7 ASPEN TREE MIN. 1111 cl LARGE DEO I DUOUS SHRU5 #5 0 54 SMALL DEO I DUOUS SHRUE #5 O 26 IOW SPREAD I NG DEO DUOUS SHRUE 5 _ .'Y.- -;,,,,,\4- /II,\f 14 ACCENT EVERGREEN S RU5 #& 111 =27 ORNAMENTAL GRASSES TESD PERENN AL FLOWERS LAWN i%►-� �� ISSUE DATE 09/14/2017 BROWNSTONE E�OULDER OUTOROPF NG Z uJ 0 0 SHEET SHEET - _ _ w 434 SOUTH FRONTAGE F VAIL, CO 8165 TOWN STAMP 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 macDesign 1 ■ LANDSCAPE 1, ■ ARCHITECTURE l ■ SITE PLANNING P.O. BOX 6446, AVON, CO 81620 970.513.9345 DISCIPLINE STAMP W 1 Z uJ 0 0 SHEET SHEET - _ _ w 434 SOUTH FRONTAGE F VAIL, CO 8165 No. Description Date PROJECT NUMBER 17021 ISSUE DATE 09/14/2017 ISSUE VAIL MOUNTAIN VIEW RESIDENCE DEVELOPMENT PLAN SET TITLE LANDSCAPE PLAN NO. Vail Village Master Plan VI. ILLUSTRATIVE PLANS The Illustrative Plans provide an overview of the long range goals and objectives for future development of the Village. Each plan depicts a key element that contributes to the character and function of Vail Village. These elements include land use, open space, circulation and building heights. Together these plans reflect the Master Plan's goals, objectives and policy statements. They provide the criteria for evaluating development proposals and planning for future public improvements. A summary plan, referred to as the Action Plan, is a composite of the identified changes end improvements from each of the Illustrative Plans. The Action Plan graphically summarizes proposed public and private sector changes for Vail Village. LAND USE PLAN There is a well-defined overall pattern of land use throughout the Village that establishes one of its more pleasant characteristics. The greatest variety and intensity of uses are found within the Village Core Area and along the pedestrian ways of East Meadow Drive. The mixed use character of these areas make significant contributions to the vitality of the pedestrian experience in the Village. Land uses surrounding these areas are predominantly residential with a mixture of lodging, condominium, and low density residential development. Other land use designations in the Village include heavy service, public facility/parking, and ski base/recreation. Maintaining the general pattern of existing land uses is a stated goal for Vail Village. While some changes in land use are indicated by this Plan, they respect the existing character that has been established throughout the Village. Changes to existing land uses have been recommended in response to other goals of The Village Plan. Specific improvements and developments associated with these changes in land use are expressed in greater detail on the Action Plan and in the Sub -Area section of this Plan. Land use categories in Vail Village include the following: Low Density Residential: The Mill Creek Circle area was the initial subdivision of Vail and is the only neighborhood in the Village made up of exclusively low density residential development. Development in this land use category is limited to two units per lot. There are a total of 19 duplex zoned lots comprising approximately 6.5 acres in this land use category. Medium/High Density Residential: The overwhelming majority of the Village's lodge rooms and condominium units are located in this land use category. Approximately 1,100 units have been developed on the 27 acres of private land in this category. In addition, another 110 units are approved but unbuilt. It is a goal of this Plan to maintain these areas as predominantly lodging oriented with retail development limited to small amounts of "accessory retail". Mixed Use: This category includes the "historic" Village core and properties near the pedestrianized streets of the Village. Lodging, retail and a limited amount of office use -are found in this category. With nearly 270,000 square feet of retail space and approximately 320 residential units, the mixed use character of these areas is a major factor in the appeal of Vail Village. Ski Base/Recreation: Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for the facilities and services inherent to the operation of a ski area. Uses and activities for these areas are intended to encourage a safe, convenient, and aesthetically -pleasing transition between the ski mountain and surrounding land use categories. The range of uses and activities appropriate in the Ski Base/Recreation land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, outdoor cultural/art events and sports venue, open spaces, parking and loading/delivery facilities, and residential, retail, and restaurant uses. Public Facility/Parkinq: The only property in this category is the Town -owned parking structure and adjacent surface parking lot. Existing uses include: public and charter bus parking, transportation 16 December 5, 2017 - Page 360 0 Vail Village Master Plan facilities and a limited amount of office and retail activity. Potential changes to the character of these uses would be the introduction of other public purpose activities such as a visitor center, performing arts center, etc. OPEN SPACE PLAN Four different classifications of open space are indicated on the Open Space Plan. The types of open space vary from greenbelt natural open space to the more urbanized open space created by the Village's numerous public plazas. While the role of each of these forms of open space varies, they all contribute to the recreational, aesthetic, and environmental features of the Village. For the purposes of this Plan, open space is defined as conditions at the existing natural grade of the land. The following further defines each of these four types of open space: Greenbelt Natural Open Space: Greenbelt Natural Open space is designed to protect environmentally sensitive areas from the development of structures and to preserve open space in its natural state. Areas designated as Greenbelt Natural Open Space are dominated on the south by undeveloped portions of Vail Mountain adjacent to the Village. Stream tracts in the Village are also designated as Greenbelt Natural Open Space. Development in these areas is limited to recreation related amenities such as ski base facilities, pedestrian walkways, bikeways, and passive recreation areas. Parks: Parks occur on publicly owned or leased land and are developed to varying degrees. A. Ford Park is a major park facility located at the easterly edge of the Village. It provides recreational activity for the entire community with a variety of developed improvements, including structures, and less developed open areas. B. Active Recreation areas such as tennis courts and tot lots provide opportunities for specific recreational activity on sites with developed improvements. C. A number of pocket parks are either existing or planned throughout Vail Village. Pocket parks provide valuable open space for both active and passive recreation as well as contrast from the built environment. Planted Buffers: Planted buffers provide visual relief from roadways and surface parking areas and establish entry ways into the Village. Buffers indicated on this Plan are important landscape features and should generally be preserved. Plazas with Greenspace: Plazas with greenspace are "urban open space." They contribute significantly to the streetscape fabric of the Village. Formed in large part by the buildings and spaces around them, plazas with greenspace provide relief from the built environment, a place for people to gather or relax, areas for special entertainment or other activities and possible location for landscaping, water features, benches and public art. PARKING AND CIRCULATION PLAN The Parking and Circulation Plan recognizes the established pattern of parking and circulation throughout Vail Village. The parking and circulation system is an important element in maintaining the pedestrianized character of the Village. This is accomplished by limiting vehicular access at strategic points, while allowing for necessary operations such as bus service, loading/delivery and emergency vehicle access. The Town's bus system is crucial to controlling and limiting vehicular access to Vail Village. The bus system greatly reduces the reliance on private automobiles, resulting in a reduction of vehicular traffic in the Village's pedestrianized areas. 17 December 5, 2017 - Page 361 0 Vail Village Master Plan Aesthetic, as well as functional considerations are important to the Village's circulation system. A long standing goal for the Village has been to improve the pedestrian experience through the development of a continuous network of paths and walkways. As a result, the irregular street pattern in the Village has been enhanced with, numerous pedestrian connections linking "plazas with greenspace" and other forms of open space. Located in and along this network are most of the Village's retail and entertainment activities. While the majority of the circulation system within the Village is in place, a number of major improvements are proposed to reinforce and increase existing pedestrian connections, facilitate access to public land along stream tracts, and further reduce vehicular activity in the core area. BUILDING HEIGHT PLAN Generally speaking, it is the goal of this Plan to maintain -the concentration of low scale buildings in the core area while positioning larger buildings along the northern periphery (along the Frontage Road), as depicted in the Building Height Profile Plan. This pattern has already been established and -in some cases these larger structures along, the Frontage Road serve to frame views over Vail Village to Vail Mountain. The Building Height Plan also strives, in some areas, to preserve major views from public right-of-ways. Building heights greatly influence the character of the built environment in the Village. This is particularly true in the Village Core where typical building heights of three to four stories establish a pleasing human scale. The building heights expressed on this Illustrative Plan are intended to provide general guidelines. Additional study should be made during specific project review relative to a building's height impact and the streetscape and relationship to surrounding structures. Specific design considerations on building heights are found in the Sub -Area section of this -Plan and in the Vail Village Urban Design Guide Plan. ACTION PLAN The Action Plan indicates potential development and improvement projects that would be consistent with the goals, objectives and policies of the Vail Village Master Plan. The Action Plan is a composite of the Land Use, Open Space, Parking and Circulation and Building Height elements. Areas identified by the Plan as having potential for additional development have previously received Town approvals or have been recognized as being consistent with the various elements of the Master Plan. However, the Action Plan is not intended to be an all-inclusive list of improvements, which may occur, or an indication of Town approval for any specific development proposals. The review of any development proposal will be based upon compliance with all relative elements of the Village Master Plan. Numerical references found on the Action Plan map refer to more detailed descriptions of proposed improvements, located in the Sub -area section of this Plan. These descriptions provide a detailed account of the goals, objectives, and design considerations relative to each of the development and improvement projects. Graphic representation of improvement projects on the Action Plan are not intended to represent design solutions. Sub -area concepts, applicable goals, objectives, and policies of this Plan, zoning standards and design considerations outlined in the Vail Village Urban Design Guide Plan are the criteria for evaluating any development proposal. Furthermore, private covenants exist in many areas of Vail Village and should be a consideration addressed between a developer and other applicable private property owners. 18 December 5, 2017 - Page 362 0 Vail Village Master Plan 19 December 5, 2017 - Page 363 0 Vail Village Master Plan 20 December 5, 2017 - Page 364 o Vail Village Master Plan 21 December 5, 2017 - Page 365 0 Vail Village Master Plan } gt.7 5 0.422 - it, i' i lie #{-p r t1 . , i 1 7/41, rii• 1, ++rrii 11..s .r 1• 22 December 5, 2017 - Page 366 0 Vail Village Master Plan 410 CC FRONTA 2 0 LR, z 0 Lk� LLJ VIEW CORRIDORS 23 z 0 1- 0 Lu C L1J cc 0 C Ci) Cli 2 0 ca December 5, 2017 - Page 367 0 Vail Village Master Plan • • i'•;';:a. , .r .• 3 .0' A, ii.// '• Ar4il III/ / 1 '':.'i l' If .1 il '... if.F. .4iiiii '. fir . V ... ' ...0 .1. .i/Jr V - I ••• I I 9s.• . • fir 24 ji 1 r December 5, 2017 - Page 368 o Vail Village Master 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 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. 25 December 5, 2017 - Page 369 0 Vail Village Master Plan EAST FRONTAGE ROAD SUB -AREA (#9) 0 `°~c1-- The East Frontage Road Sub -Area is comprised of condominium and time share residential development. This sub -area is unique in that its access is directly off of the Frontage Road, causing little vehicular impact on other areas of the Village. Large areas of surface parking within the sub- area provide the opportunity for additional residential infill development. Given proper attention to design oonoidermtionm, this sub -area could provide additional density within close proximity to the Village core. At the present time, the sub -area is separated from the Village core by Gore Creek. This sub -area has a pedestrian connection with the Village and Ford Park -vin the Village Stmyornxva|k. Asidewalk along the Frontage Road should be constructed to improve pedestrian safety and further connect the Village parking structure to Ford Park. The area between buildings and Gore Creek must be improved to enhance natural environment. #9-1 Parking Lot Infill Residential infill over existing surface parking. Height of building to be limited so as to not impede view corridors from the frontage road (and Interstate 70) to the Village and Vail Mountain. Mass of buildings to step back from the Frontage Road to prevent sun/shade impacts on the road. Satisfying parking demand on site will necessitate structured parking. A substantial landscape buffer shall be provided between any new development and the Frontage Road without jeopardizing future frontage road improvements. Special emphasis on 1.2, 2.3, 2.6, 3.1, 3.4, 5.4, 6.1. 51 December 5, 2017 - Page 370 oi 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. Policy 1.2.2: Development and improvement projects shall be coordinated to minimize the unintended negative consequences associated with construction activity in a pedestrianized, commercial area. For instance, the noise abatement, project completion guarantees, temporary parking, traffic control, etc. Obiective 2.3: Increase the number of residential units available for short term ovemight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Objective 2.6: Encourage the development of employee housing units in Vail Village through the efforts of the private sector. Policy 2.6.1: Employee housing units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing appropriate assistance. Policy 2.6.4: Employee housing shall be developed in the Village when required by the Town's adopted Zoning Regulations. Obiective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art and other similar landmark features shall be encouraged at appropriate locations throughout the Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Qbiective 3.4: Develop additional sidewalks, pedestrian -only walkways and December 5, 2017 - Page 371 accessible green space areas, including pocket parks and stream access. Policy 3.4.1: Physical improvements to property adjacent to stream tracts shall not further restrict public access. Policy 3.4.2: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Policy 3.4.3: The "privatization" of the town -owned Gore Creek stream tract shall be strongly discouraged. Policy 3.4.4: Encroachment of private improvements on the town -owned Gore Creek stream tract shall be prohibited. Policy 3.4.5: The Town shall require the removal of existing improvements constructed without the Town's consent within the town -owned Gore Creek stream tract. Objective 5.4: Improve the streetscape circulation corridors throughout the Village. Policy 5.4.1: The Town shall work with the Colorado Division of Highways toward the implementation of a landscaped boulevard and parkway along the South Frontage Road. Policy 5.4.2: Medians and right -of -ways shall be landscaped. Obiective 6.1', Provide service and delivery facilities for existing and new development. December 5, 2017 - Page 3721o1 Summation of Correspondence Received Related to Proposed Mountain View Special Development District Letters of support 1. Vail Mountain View Residences Phase 1, 10-03-2017 2. Tim Thompson, member of Eagle County Workforce Housing Coalition, Undated 3. Jeff Morgan with Ron Byrne and Associates and member of housing coalition (3 letters, 5-15-2017, 7-26-2017 and 10-17-2017 ) 4. Derek Schmidt, General Manager of The Wren at Vail, 5-15-2017 5. Chris Romer, President and CEO, Vail Valley Partnership, 5-15-2017 6. Rick Smith, CAO, VVMC, 4-11-2017 7. Dan Godec, Citizen of Edwards, 6-06-2017 8. Michael Connolly, General Manager, Triumph Development, (2 letters, 6-07-2017 and 10-18- 2017) 9. Stan Cope, Gemini Resort Management, 5-15-2017 10. David Charles, owner, Mountain View Phase 1, 7-28-2017 11. Adrian Fernandez, owner of Unit #305, Mountain View Phase 1, 7-26-2017 12. Tom Talbot, Vail resident, 7-28-2017 13. Alison Wadey, VCBA, 7-07-2017 14. David Cross, 8-09-2017 15. Michael Rootberg, owner Unit #301, Mountain View Phase 1, 8-11-2017 16. Kim Bell Williams, Housing Director, Eagle County, 10-18-2017 17. Dan Drawbaugh, CEO, The Steadman Clinic and the Steadman Philippon Research Institute, 11-6-2017 18. Doug Wooldridge, General Manager of Two Elk, 11-6-2017 19. Doris Kirchner, President and CEO, Vail Health, 11-28-2017 Letter of Opposition 1. Argos Vail, LLC, owner of Unit #6, Tyrolean Condominiums, 6-09-2017 and 10-20-2017 2. Jay Levine and Mary Ann Childers, owners of Unit #403, Mountain View Phase 1, 7-11-2017 3. Foster Graham Milstein & Calisher, LLP, representing the Tyrolean Condominium Association, 7-11-2017 4. Dan and Carol Wolfe, owners of Unit #303, Mountain View Phase 1, 7-19-2017 5. Don Cameron and Marie Harrison, owners of Unit #3, Tyrolean Condominiums, 7-24-2017 6. Wizenburg, Leff, Purvis and Payne, LLP, representing the Tyrolean Condominium Association, 05-17-2017 7. Herbert Tobin, owner and HOA president, Tyrolean Condominiums, 7-26-2017 December 5, 2017 - Page 373 0 8. Goodman and Wallace P.C., representing a collation on Mountain View Phase 1 owners, 7- 31-2017 9. Foster Graham Milstein & Calisher, LLP, representing the Tyrolean Condominium Association, 7-31-2017, notice regarding inability to attend. 10. Eileen Jolly, Mountain View Phase 1 visitor 11. Eduardo Flores Alonso and Jose Alejandro Ortega Aguayo, owners Unit #304, Mountain View Phase 1, 8-14-2017 12. Paul Nigrelli, owner Unit #104, Mountain View Phase 1, 8-14-2017 13. Mark Caplan, owner Unit #306, Mountain View Phase 1, 8-14-2017 14. Cindy Biondi, owner Unit #404, Mountain View Phase 1, 8-14-2017 15. Todd Randall, Mountain View Phase 1 visitor, 8-13-2017 16. Mike and Alice Widmier, Mountain View Phase 1 visitor, 8-13-2017 17. Lisa Widmier, owner Unit #302, Mountain View Phase 1, 8-12-2017 18. Dan and Carol Wolfe, owners Unit #303, Mountain View Phase 1, 8-09-2017 19. Michael and Jill Dardick, owners Unit #205, Mountain View Phase 1, 8-10-2017 20. Scott Herndon, owner Unit #204, Mountain View Phase 1, 8-10-2017 Letter of No Opposition: 1. David Zessin, President Apollo Park at Vail HOA, 5-15-2017 2. David Zessin, President Apollo Park at Vail HOA, 10-16-2017 Letters from Town Attorney 1. Response to Jay Levine and Mary Ann Childers, owners of Unit #403, Mountain View Phase 1, 7-17-2017 3. Response to Foster Graham Milstein & Calisher, LLP, representing the Tyrolean Condominium Association, 7-21-2017 Letter from Staff 1. Response to Dan and Carol Wolfe, owners of Unit #303, Mountain View Phase 1, 7-21-2017 Letter from Holland & Hart representing the applicant concerning the rights of Phase 1 owners, 5-17- 2017, with attachments Letter from Ron Byrne to Phase 1 owners, 7-26-2017 and responses Letter from Dominic Mauriello, MPG concerning letter from Foster Graham Milstein & Calisher, LLP, representing the Tyrolean Condominium Association, 7-13-2017, with attachments December 5, 2017 - Page 374 c Oct 03 17 05:02p October 3 , , 2017 Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, Colorado 81657 p.2 Re: Vail Mountain View Residences Proposed Special Development District Dear Commissioners:: I am writing to you as President of the Board of Directors for Vail Mountain View Residences on Gore Creek Owners' Association, Inc., the governing body for and the representative of the owners within the first phase of the Vail Mountain View Residences (VMVR), the overwhelming majority of whom have previously expressed concerns about the proposed VMVR. Special Development District (SDD). While VMVR has just been provided the revised plans and has not as yet been able to review them in detail to ascertain agreement with all aspects, VMVR now conditionally supports the revised alternative project based upon the removal of the hotel component and execution of a binding agreement between VMVR and the developer on issues specific to the inter -relationship between Phase 1 and Phase 2. Over the last several weeks, VMVR expressed concerns about the SDD and the proposed building with specific demands for the hotel component to be removed due to compatibility and other related concerns. The VMVR Board of Directors has met on numerous occasions with the proposed developer of the project, Gore Creek, LLC., whose representative Peter Carlson and his team, have worked with VMVR to address many of VMVR's concerns about the project. The developer has been very responsive to VMVR's requests and demands and will be formally introducing his design plan revision at the October 9, 2017 Planning and Environmental Commission meeting. December 5, 2017 - Page 375 0 Oct 03 1705:02p P.3 As we understand it, the design plan revisions will illustrate a project consisting of 15 free-market condominiums with 20 total lock -off units and 15 employee housing units. We believe this proposed design plan revision will be more compatible with the Phase 1 development and the neighborhood in general. The proposal still maintains significant public benefit with the addition of employee housing units, small condominium units, and lock -off units. The Town will still receive the benefit of short-term rentals given the plan to operate a voluntary rental management program within the facility. We believe the design plan revisions will result in a project that strikes an appropriate balance of public benefits in exchange for the deviations being sought from the underlying zoning including the building height, bulk, and mass proposed. We are also working with the developer on an agreement that will confirm a number of reciprocal easements and restrictive covenants between and among all owners within the SDD which will address construction management activities and reciprocal easements for the project, as well as future operational details, most of which have to do with parking, construction and maintenance access, reciprocal enforcement issues and the operation and management of the garage facility. It also will entail the withdrawal of Phase 11 from Phase 1 via an amendment to the Condominium Map. We expect this agreement to be finalized and executed prior to the PEC meeting October 23, 2017. We believe the project, as modified by the design plan revisions and in conjunction with the anticipated agreement between VMVR and developer, will then comply with the nine review criteria for establishing the SDD. Subject to the Town's approval of the design plan revisions outlined in this letter, and the formal agreement between VMVR and the developer, our Board of Directors has voted unanimously to support the revised project and encourage the Planning and Environmental Commission to approve this revised alternative project without further delay. Sincerely, December 5, 2017 - Page 376 0 Oct 03 1705:03p p.4 VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNERS' ASSOCIATIONC. By: Levine, President December 5, 2017 - Page 377 0 Vail Planning and Environmental Commission Vail Town Council c/o Jonathan Spence,AICP Senior Planner, Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear PEC and Town Council members: New workforce housing in Vail Village? A resounding YES from members of the newly formed Eagle County Workforce Housing Coalition! We are very pleased to support the Mountain View Residence Phase II project and the developer's application for a Special Development District in Vail. It is clear that our workforce housing crisis requires a multi -pronged approach. We are very much in favor of the 10 livable workforce housing units proposed with this project, recognizing that the town of Vail will reach its ambitious goal of 1,000 deed restricted housing units by taking small bites out of a very large apple. Further, locating these units on the east end of Vail Village and on the in -town bus route will help reduce traffic and parking, making them highly desirable and more environmentally sustainable. We believe demand for these units,that also include dedicated parking, will be tremendous. Finally, a public-private partnership such as this that requires no financial investment from taxpayers is a win for everyone. Seeking creative solutions to the housing problem that plagues every municipality and business owner in Eagle County is the way we will collectively solve it. We must look for ways to increase the number of workforce housing units at every opportunity. We urge you to approve this well -considered plan in a timely fashion so that construction can begin this fall. Respectfully, j PE 3 S e DP.� CC)81620 December 5, 2017 - Page 378 0 May 15, 2017 Planning and Environmental Commission Town Council c/o Jonathan Spence, AICP Senior Planner, Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Mr. Spence, PEC and Town Council Members: As a member of the Workforce Housing Coalition, I am writing you today to ask for your approval on the Mountain View Residences Phase II SDD application. The Workforce Housing Coalition is a very large group of engaged business owners, employees, elected officials and other concerned Eagle County residents who are looking for ways to address our housing crisis. One of our recent topics of discussion was the value of public-private partnerships in addressing this crisis. I believe this project with its 10 workforce housing apartments paid for completely by the developer is a perfect example of a public-private partnership. We must be prepared to make some accommodations for developers to be successful if we want them to build more than the required square footage of EHUs. I support this project 100% and see it beautifying our view of Vail from the highway. Sincerely, 2/7/ Jeff Morgan Associate Broker Ron Byrne & Associates Real Estate 285 Bridge Street Vail CO 81657 December 5, 2017 - Page 379 0 WINZENBURG LEFF PURV PANE:ti Attorneys at Law May 17, 2017 VIA EMAIL AND U.S. MAIL Town of Vail Planning and Environmental Commission Department of Community Development 75 South Frontage Road Vail, Colorado 81657 WENDY E. WEIGLER wweigler@wlpplaw com www cohoalaw.com Re: Tyrolean Condominium Association Special Development District for Vail Mountain View Residences Dear Members of the Commission: Winzenburg, Leff, Purvis & Payne, LLP represents the Tyrolean Condominium Association ("Tyrolean"). I had the opportunity to attend the April 24, 2017 Commission meeting, along with Tom Saalfeld of Ptarmigan Management, who briefly addressed the Commission. We appreciated the thoughtful consideration given by the Commission and we share many of the concerns raised by the Commission. The proposed development of Phase II of Vail Mountain View Residences ("Phase IP"), in our opinion, has the greatest impact on the Tyrolean building, as the neighboring property. The Tyrolean and its owners formally object to the application of Gore Creek Group, LLC for a Special Development District ("SDD"), submitted on March 27, 2017 (the "Application"). Tyrolean is the condominium association for the Tyrolean Condominiums, consisting of nine (9) residential units and four (4) parking space units, which was originally developed in 1981. When Phase I of Vail Mountain View Residences was developed in 2008, Tyrolean was not notified and had no opportunity to be heard or object to the parking structure constructed directly next to the Tyrolean. Although the permitted design requirement for the garage was a "subterranean" parking structure, the parking structure actually looms 25 feet above ground on the west side that borders the Tyrolean, as reflected in Pictures 1 and 2. Focused on Communities 8020 Shaffer Parkway, Suite 300 Littleton„ Colorado 80127 303.863.1870 Fax 303.863.1872 December 5, 2017 - Page 380 0 ... ■•■ Winzenburg Leff Purvis & Payne, LLP ■■ May 17, 2017 Page 2 of 7 Picture 1 — 1" Floor Deck December 5, 2017 - Page 381 0 ... ■•■ Winzenburg Leff Purvis & Payne, LLP ■■ May 17, 2017 Page 3 of 7 Picture 2 — 2nd Floor Deck It is our understanding that the parking structure was constructed in such a manner that would support an additional building above it, again, without notice to Tyrolean or any opportunity to be heard. The approval of the parking structure alone, let alone Phase II, substantially impaired the Tyrolean owners' use and enjoyment of their property, constituting a de facto taking of property. The Application includes a letter from Vail Mountain View Residences on Gore Creek Owners' Association ("Phase I"), stating that, pursuant to its governing documents, the consent of the Association is not required for the proposed expansion and development. However, the Town of Vail Code (the "Code"), at December 5, 2017 - Page 382 0 . IN. ■•■ Winzenburg Leff Purvis & Payne, LLP ■ ■ May 17, 2017 Page 4 of 7 Chapter 9, Article A, Section 12-9A-3, requires that the Application include "written consent of owners of all property to be included in the special development district, or their agents or authorized representatives." Despite what the governing documents of Phase I say, written consent of the owners within Phase I is a requirement under the Code. The Application fails to meet this requirement. Because the proposed development is located within the High Density Multiple -Family (HDMF) District, the Application is required to comply with the underlying HDMF zoning, as set forth in Chapter 6, Article H of the Code, in addition to the design criteria for an SDD, as set forth in Chapter 9, Article A. The SDD criteria requires conformity with the Vail Village Master Plan. These three standards — HDMF, SDD and Master Plan — are addressed in turn. A. UNDERLYING HDMF ZONING 1. Building Height. The most significant deviation requested in the Application, and that most affects Tyrolean, is the increase in building height from the Code requirement of 48 feet for a sloping roof, to 71.9 feet. A building almost 24 feet above the maximum height would wall in several units in Tyrolean, block views and create significant shade onto Tyrolean. Picture 3 — 3rd Floor Deck December 5, 2017 - Page 383 0 ... ■•■ Winzenburg Leff Purvis & Payne, LLP ■■ May 17, 2017 Page 5 of 7 2. Density. The next significant deviation in the Application is the increase from the Code maximum of 32 dwelling units to 45.5 dwelling units for the combined Phase I and Phase II, which does not include the proposed 9 Employee Housing Units (EHU). Although the EHU are not counted in the Code's density calculations, the reality is that they certainly will impact the quality of life for Tyrolean owners. The proposal to have all of the EHU and hotel units on the first and second floors, which are the floors closest to Tyrolean, will have a dramatic impact on Tyrolean, in terms of noise level and foot traffic. Similarly, the deviation in gross residential floor area (GRFA) from the Code's maximum of 42,871 square feet to 79,548 square feet — almost twice the Code maximum — will have an irrevocable impact on Tyrolean for the same reasons. B. SDD DESIGN CRITERIA 1. Compatibility. The Application does not reflect design compatibility and sensitivity to the Tyrolean, as the adjacent property. The Application fails to comply with this standard, and simply seeks approval based on the argument that there have been similar deviations approved in the Town of Vail. 2. Relationship. The Application fails to establish that the proposed uses, activity and density are compatible with the surrounding uses and activity, namely the Tyrolean. Tyrolean's 9 wholly owned units would not have a workable relationship with Phase II's 12 for -sale units, with 6 lock -offs, 9 EHU and 21 hotel rooms. The proposed density is not at all similar to the Tyrolean, as represented in the Application. C. CONFORMITY WITH MASTER PLAN 1. Goal #2. The Application cites Objective 2.3 of Goal #2 and states that Phase II will increase the number of residential units available for short term overnight accommodations. However, the Application shows that participation in a short term rental program is voluntary for the 12 dwelling units. There is no way to predict whether the owners of those units would participate in the rental program. Additionally, the Application fails to explain whether the hotel units will be deed -restricted, to guarantee availability for short term rental. The Application, therefore, is not necessarily consistent with Objective 2.3. 2. Goal #5. The Application cites Objective 5.1 of Goal #5, which is to meet parking demands with public and private parking facilities. The existing parking structure has 112 parking spaces, the excess of which have been available for lease to the public. The parking requirements for Phase II will use up all of the excess parking spaces, resulting in no available parking for the public. Therefore, Phase II is not consistent with Objective 5.1 and December 5, 2017 - Page 384 0 ... ■•■ Winzenburg Leff Purvis & Payne, LLP ■■ May 17, 2017 Page 6 of 7 may actually create more demand for parking, if the parking spaces being leased are no longer available. 3. Building Height Plan. The Application is inconsistent with the Building Height Plan, which anticipated a limit of 4 stories for this property. Phase II will be 5 stories, with the ground floor already elevated at least 10 feet. If mechanical components are located on the roof, it will be even higher. The result will be an inordinately tall building that is not consistent with the Building Height Plan. Picture 4 — Ground Level December 5, 2017 - Page 385 0 ... ■•■ Winzenburg Leff Purvis & Payne, LLP ■■ May 17, 2017 Page 7 of 7 In summary, the Application seeks such significant deviations that it all but ignores the standards set forth for HDMF, SDD and in the Master Plan. As pointed out by the Commission, the existing zoning is in place for a reason. The applicant's suggestions that the zoning is inappropriate and should be changed, and that other developments had deviations so this one should as well, do not further the Master Plan or the development objectives of the Town. The negatives of Phase II clearly outweigh the potential public benefits. As such, Tyrolean respectfully requests that the Commission decline to approve the Application. If you have any questions or require any additional information, please do not hesitate to contact me. Very truly yours, WINZENBURG, LEFF, PURVIS & PAYNE, LLP WENDY E. WEIGLER cc: Jonathan Spence, Senior Planner Tyrolean Condominium Association c/o Ptarmigan Management December 5, 2017 - Page 386 0 May 15, 2017 The Vail Town Council Vail Planning & Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Dear Mayor Chapin, Council Members and PEC members: I'm writing to voice my support for the proposed Mountain View Residences Phase II development. I believe the project brings a good balance of hot beds and employee housing units along with the additional new condominiums. Also, Vail and all of Eagle County continue to desperately need livable workforce housing , especially located close to our largest employment centers. Having the proposed 2 -bedroom apartments for rent in Vail Village and on the in -town bus route will be a positive addition to our town and will help to fill a crucial need. It is my opinion that this project brings numerous public benefits to the east end of Vail Village and I urge you to approve it. Thank you for your time, and for your dedication to the town of Vail. Sincerely, Stan Cope Gemini Resort Management Lodge Tower Vail Mountain Lodge Residences at Solaris December 5, 2017 - Page 387 0 APOLLO PARK AT VAIL HOMEOWNERS' ASSOCIATION 8547 E. Arapahoe Road, #J542 Greenwood Village, CO 80112-1436 303-690-6038 - 303-690-6511 FAX May 15, 2017 Jonathan Spence, AICP Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, CO 81657 Via e mail: jspence@vailgov.corn Dear Mr. Spence: As President of the Apollo Park at Vail Homeowners' Association, I write to notify you that our Board of Directors has reviewed the plans for Mountain View Residences Phase II. We will not oppose the plans as presented. Sincerely, --13ew;d j?e-S-C-okInAl David J. Zessin, President Apollo Park at Vail DJZ:an December 5, 2017 - Page 388 0 East West Destination Hospitality May 15, 2017 Planning and Environmental Commission Town Council c/o Jonathan Spence, AICP Senior Planner, Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear PEC and Town Council Members: I am in favor of Phase II of the Mountain View Residences currently before the town of Vail Planning and Environmental Commission. As the general manager of a neighboring property, I believe this project will go a long way toward enhancing the Golden Peak area. In addition to the workforce housing units, I am excited to see new and modern hotel and condominium inventory proposed for this location. It will bring much needed activity and vibrancy to our end of the village. Please approve this project. Thank you, Derek Schmidt General Manager, The Wren ,‹ 500 South Frontage Road 1 Vail, Colorado 81657 Phone: 970.476.0052 1 Fax: 970.476.4103 December 5, 2017 - Page 389 0 April 11, 2017 Planning and Environmental Commission Town Council c/o Jonathan Spence, AICP Senior Planner, Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear PEC and Town Council Members: Vail Valley Medical Center www.vvmc.com 181 West Meadow Drive, Vail, CO 81657 PO Box 40,000, Vail, CO 81658 On behalf of Vail Valley Medical Center, I am writing to you to voice our support for the proposed Mountain View Residences Phase 2 project. As you are Iikely aware, it is a challenge for VVMC and most all employers to find available housing in the Vail Valley, especially in Vail. We were encouraged to see the plans for the second phase of the Mountain View Residences include nine functional and livable EHUs, on the periphery of Vail Village and on the in -town bus route. A project like this and other projects of its kind are important for employers' staff, particularly mid to upper level managers and professionals so they have the opportunity to both work and live in Vail. More projects like this are seriously needed in Vail and will help assist employers in hiring and retaining quality staff who will continue to provide critical services to residents and guests of Vail. We view this project as yet another step forward in Vail's plan to acquire 1,000 deed -restricted workforce -housing units, without spending a dime of taxpayer dollars. We hope you'll consider this critical public benefit as the Mountain View project moves through the town's approval process. We urge you to approve this project in as timely a manner as your schedules and processes allows. Respectfully, k Smith Chief Administrative Officer Vail Valley Medical Center December 5, 2017 - Page 390 of .stx tia++ E .)% nr ECcie tete Ext€,rrrs 20 16 Chamber Wan 1011E11 41111kuin., of the Year May 15, 2017 Vail Planning & Environmental Commission Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear PEC members: Vail Valley Partnership (VVP) is the regional chamber of commerce representing Eagle County, Colorado. Our organization has over 840 member organizations, representing over 80% of the local workforce within the valley. As you are aware, the Mountain View project proposes both a mid-range hotel product and much needed workforce housing, both of which are aligned our list of community priorities. As such, the Vail Valley Partnership encourages your committee to move forward with the proposed Mountain View project and we look forward to continuing discussions to give our full and enthusiastic endorsement. We feel this project addresses several critical issues facing Vail and Eagle County: 1. The dire need for deed -restricted workforce housing with 10 deed restricted apartments 2. Mid -priced, or entry-level, lodging options with 19 units Through our lens of economic vitality and business success, this project is exactly what is needed in Eagle County. The project's location within the town of Vail and in close proximity to the Vail Village commercial core is another plus. We believe it is important to provide housing within developed areas and within easy access to transit and close to jobs. This is a good example of appropriate in -fill and is similar to other projects along the Frontage Road. Additionally, we believe now is the time to take bold steps to address the needs of the Vail community, both business and residential, relative to both workforce housing and addressing entry-level lodging options. This project checks every box and does so with a thoughtful and impressive design, careful consideration of the surrounding neighborhood, and located in the highly desirable town of Vail. This type of project is a win for Vail as far as the Vail Valley Partnership is concerned.. We strongly and respectfully urge the members of town council to consider the many public benefits of this project as it moves through the approval process. Best regards, Chris Romer President & CEO Vail Valley Partnership PO Box 1130, Vail, CO 81658 VailValleyPartnership.com / VisitVailValley.com / VailValleyMeansBusiness.com / VailonSale.com December 5, 2017 - Page 391 c Dan E. Gelder P.O. Box 292 Edwards, CO 81632 June 6, 2017 Mr. Jonathan Spence Vail Planning Board Vail, CO Mr. Spence: I am writing in support of Mountain View Residences in Vail. The project addresses housing needs as defined by the Town of Vail. There are 10 employee housing units representing over 30% of the project. It is unusual that a project contains this amount of affordable housing. The need for housing is well documented with the project target audience being mid-level professional residents, the group who will be tomorrow's leaders in the community. The Town supports hot beds; this project includes 19 hotel rooms which helps events at the Amphitheater. I am past Chairman of BravoVail Board of Trustees. Having rooms available close to our venue helps our visitors. We have abundant hotel rooms in the Village and West Vail but fewer units on the east side of Town. EDU's and hotel rooms make up 50% of the project. Mountain View Residences clearly meet the essential project criteria desired by the Town. The parking garage was built in 2008; it provides all parking onsite and underground. The site was designed for a later project. The garage was appropriately suited for a building over the top; this project is effective use of space. This is an infill project located on the South Frontage Road. There are several examples of height management and density to the west. Where better to place the units? Impact is minimal on surrounding buildings and overall benefit outweighs negative effect. This project appears to fill several needs for the Town of Vail. It brings EDU's and hotel rooms to an underserved location. It creates a barrier between the highway and town and the development team seem to understand what it takes to build a project in Vail unlike other proposed additions. Thank you for your consideration Dan E. Godec 970-390-6630 December 5, 2017 - Page 392 TRIUMPH 7 June 2017 Jonathan Spence Planning Department Town of Vail 75 South Frontage Road Vail, CO 81657 Jonathan: Triumph Mountain Properties I am submitting this letter today in advocacy for the approval of the Vail Mountain View Residences Phase 2 development project. For the better part of the last 18 years I have been engaged in the business of managing residential resort property in the geographic area from East Vail to Cordillera, though always with a high concentration of properties within the Town of Vail. A good number of those properties (currently including 4 units in Phase 1 of the Vail Mountain View Residences) are part of our vacation rental program. Additionally, until 2006, Peak Properties, the forerunner of Triumph Mountain Properties, built and re- modeled numerous residential properties in the Town of Vail, a few of which incorporated the requirement of EHUs. Given my background and experience in Vail! am in favor of the proposed project for two main reasons. First, there can be no doubt that our valley is in need of more housing of a standard that works for professional individuals, including those with families. The Town has already demonstrated a willingness to help address this need through a variety of recent housing initiatives. This project is dedicating 30% of the square footage it intends to build to employee housing - in my time here I am unaware of another project that has dedicated such a large portion of space for this purpose. By approving this project the Town can help set a standard for future similar development projects and take credit for another successful addition to the stock of housing that expands the year round population of the Town. Second, the mix of rentable accommodations (i.e. hot beds) available within the proposed building can also be construed as a public good. The planned hotel rooms will certainly be of a high standard from a finish quality level but can occupy a more moderate price point in the marketplace thus making them an attractive lodging option on a year round basis. December 5, 2017 - Page 393 0 For sale condo units with rooms that can be locked off contribute to both the hotel bed base and the bed base of vacation rental condos. My experience working with owners of luxury resort property is that the flexibility of being able to generate rent revenues from a lock off unit will be highly attractive. Many owners of these types of properties are hesitant to commit their entire property to being available for rent, though they would like to have the revenues to offset the costs of ownership (maintenance, property taxes, etc.). They often perceive the wear and tear risk to outweigh the rent rewards. The opportunity to generate rent revenues without having to commit the entirety of their unit to a rental program should be enticing to those more risk averse owners, thereby increasing the number of available short term beds. Having represented some of the Phase 1 Mountain View units for short term rental since they came out of construction at the very end of 2008 I can personally attest to their popularity. The location allows guests to quickly access Vail Mountain in the winter either via Gondola 1 or Chair 6. Similarly, within a 5-6 minute walk one can be at the center of Vail Village to access shopping and dining. Understanding that available inventory in these units is governed by the usage patterns of owners, over the past 8 + years the units we have managed for vacation rentals have generated approximately $2.5 million in taxable rents, contributing nearly $100K in sales tax revenues to the Town and another $35K in revenues to the Vail Marketing District. Given the planned mix of hotel rooms, lock offs, and potentially rentable condos that are included in the current plan it is not unreasonable in my view that the new building could generate at least $2 million per year in taxable rents which would be a nice addition to the Town's sales tax collections. I welcome the opportunity to discuss my perspective on this project with the Commission. Regards, General Manager December 5, 2017 - Page 394 0 June 9, 2017 Planning and Environmental Commission Town of Vail Department of Community Development 75 South Frontage Road Vail, Colorado 81657 Attn: Johnathan Spence, A ICP Re: Vail Mountain View Residences Phase!! Dear Members (Attie Planning and Environmental Contnttssion: We are writing to inform you and the Town of Vail that as owner of the upper residential unit in the Tyrolctnt Condominiums, Unit 6, we oppose the plans submitted for the development of Vail Mountain View Residences Phase 11 and encourage you to recommend denial of the proposed Special Development District, Our Unit 116 is by fl{ the most affected unit in the Tyrolean building by Phase II of the Vail Mountain View Residences. We nie concerned about increased density, building height, setbacks, site, coverage, and product this. We are concerned about the impact on sun, light turd views for our unit. We are also very concerned about the impact on the value of our unit If tits District is approved. We do not believe the approval of this project by the Town of Vail would comply with the overall goals of the Vail Master plan to provide more employee housing, additional Ioek-offt, and arid -priced hotel rooms to provide additional revenues to the Town of Vail. Please accept this letter as our disapproval of the Vail Mountain View Residences Phase 11. Sitteercly . 4l` Argos Vail, & t► December 5, 2017 - Page 395 Jay Levine and Mary Ann Childers 434 South Frontage Road East, Unit 403 Vail, CO 81657 July 11, 2017 Town Council Town of Vail 75 South Frontage Road Vail, Colorado 81657 Subject: Ordinance No. 9, Series of 2017, Special Development District No. 42 Dear Council Members: My wife and I are owners of Vail Mountain View Residences #403. It has just come to our attention that Lunar Vail LLC has filed an application for establishment of a special development district that includes our property, and, much to our surprise, that a first reading of the ordinance was scheduled for today, July 11, 2017, before being postponed until next week. Given that we were not informed of the application and timetable for this significant project just a few steps from our residence, we write to voice our strong objection to the Town Council's approval of the proposed SDD at this time. Our first concern is with the application itself. It wasn't until March 10th of this year that we first learned in an email from Ron Byrne, that the project, on hold for many years, would be going forward. An email asking for more details, was met with "We are still working on the entitlement process for phase II." In his email, Mr. Byrne promised: "We will continue to keep you informed as Phase II progresses." After that, not a word from Mr. Byrne. Therefore, we were shocked and dismayed to recently read in the July 3rd Vail Daily about its current status and apparent fast track toward approval. Prompted by this surprising news, we did some research and December 5, 2017 - Page 396 0 discovered an application for approval of a special development district requires the written consent of owners of all property to be included in the special development district. According to Section 12-9A-3 of the Town Code: "An application for approval of a special development district...shall include: a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property to be included in the special development district, or their agents or authorized representatives." We have not consented to the application for approval of Special Development District No. 42. And have not given our Homeowners Association or any individual the authority to indicate otherwise. Indeed, the developer did not even inform us that the application had been made, much less seek our consent. We can only conclude that the secretive nature with which the developers have proceeded suggests that they are attempting an end -run around the rights of property owners while simultaneously flouting the Town Code. Our second concern is with the potential impact of granting the application for a Special Developement District which includes our home. We have serious concerns about this unprecedented development of "low frills hotel rooms and employee housing" shoe -horned into a complex where owners have made significant investments in Vail and its future. We recognize Vail's need for hotel tax revenue and EHUs. The question is where they are placed, and how they will affect existing homeowners. Our choice of where to invest; where we'd want to be as we move toward spending more and more time in the Vail Valley was predicated on what kind of neighborhood and neighbors we wanted to have. We find as disingenuous the claims made by developers that they could and would insulate them new residents from the old with separate garages, the lack of balconies and/or sliding doors. To us, this appears to be their recognition of the problems they'd create; itself an argument against approval of the SDD. We are also concerned about the "slippery slope" such an SDD would have December 5, 2017 - Page 397 0 on neighboring properties, like Apollo Park. Is our entire neighborhood destined to become a hotel and EHU heaven? In conclusion, we are appalled by the apparent attempt to rush through the approval of a Special Developement District without our consent. We suspect that other owners would share these concerns if they too were aware of the facts. Therefore, please regard this letter as our objection to the Town Council's approval of Special Development District No. 42. Given the short notice, we are unfortunately unable to attend the Town Council meeting. However, we are reachable by email at airlevine 1 @gmail.com or cellphone (312-501-4000). Respectfully, Jay Levine Mary Ann Childers cc: George Ruther, Community Development Jonathan Spence, Community Development Matt Mire, Town Attorney December 5, 2017 - Page 398 0 HP, Hoffmann Parker Wr Wilson & Carberry 1 P.C. Corey Y. Hoffmann Kendra L. Carberry Jefferson H. Parker M. Patrick Wilson Denver Office 511 16t1i Street, Suite 610 Denver, CO 80202-4260 (303) 825-6444 Of Counsel Vail Office J. Matthew Mire P.O. Box 2616 Hilary M. Graham Vail, CO 81658 (970) 390-4941 July 18, 2017 Jay Levine and Mary Ann Childers 434 South Frontage Road East, Unit 403 Vail, CO 81657 via email to: jjlevine@cbs.com Re: Letter dated July 11, 2017 to Vail Town Council Dear Mr. Levine and Ms. Childers: Kathryn M. Sellars M. Keith Martin Andrew J. Gomez Daniel P. Harvey I write on behalf of the Town of Vail in response to the above -referenced letter. In that letter, you state your personal objection to Ordinance No. 9, Series 2017, which concerns an application for Special Development District No. 42, Mountain View Residences. The Town appreciates your interest in this ordinance, but your consent to the application was already given, pursuant to the attached Written Approval Letter executed by your homeowners' association. In addition, the applicant's counsel provided an explanation of the written approval, a copy of which is also attached for your convenience. The consent given by your homeowners' association cannot be revoked by one property owner, so the Town must proceed to consider the application under the consent already provided. If you wish to dispute the authorization provided by your homeowners' association on your behalf, please take this matter up directly with your homeowners' association. The Town is not in a position to arbitrate these issues. If you have any questions, please let me know. c: Jonathan Spence, Town Planner, via email Very truly yours, 016(A4-6-4/tAi Kendra L. Carberry klc@hpwclaw.com 7/18/2017 Q: I USERSI VAILIMVRI CORRILEVINE-L071817.DOCX December 5, 2017 - Page 399 0 TOWN OF VAIL JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi -tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi -tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) Mary Anne Redmond , a joint owner, or authority of the association, of property located at 434 S. Frontage Road Mountainview Residences on Gore Creek , provide this letter as written approval of the plans dated March 27, 2017 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: Application of an SDD overlay zone district which allows the construction of new dwelling units, accommodation units, and employee housing units generally above the current parking structure and related applications and improvements. I understand that modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an application results in the applicant agreeing to this statement. 30771 Signature Date moi > oi M Q 4G► e/e,s; d "i v R Ho i Print Name Title/Position I/We authorize any and all changes submitted to the Town in reference to the above mentioned project. (Initials) I/We waive all rights to notification and review of submitted changes. I/We do not authorize any changes submitted to the Town in reference to the above mentioned project (Initials) I/We wish to receive notifications and reviews of submitted changes December 5, 2017 - Page 400 0 FOSTER GRAHAM MILSTEIN & CALISHER, LLP ATTORNEYS AT LAW July 11, 2017 Matthew Mire, Esq. Town of Vail 75 South Frontage Road Vail, Colorado 81657 mmire@vailgov.com jmm@hpclaw.com Via E -Mail and U.S. Mail 360 South Garfield Street 6th Floor Denver, CO 80209 T 303-333-9810 F 303-333-9786 DENVER — BOULDER fostergraham.com Re: Ordinance No. 9, Series of 2017; Proposed Ordinance Establishing Special Development District No. 42 (Vail Mountain View Residences). Dear Mr. Mire: This firm represents the Tyrolean Condominium Association ("Tyrolean") in the above - referenced matter (the "Proposal"). Vail Town Council ("Town Council") has set this matter for a continued "first reading" on July 11, 2017 at 6:00 p.m. Town Council's agenda has listed the matter as a "public hearing." Due to the lack of sufficient notice, we will not be able to attend the meeting. As I have conveyed to the town's counsel, due to the lack of proper notice to our client, and the procedural errors that have occurred in presenting the Proposal, I strongly urge Town Council to re -start the review process for the Proposal by providing the proper notice required to protect our client's due process rights and as required by the Vail Town Charter and Code. It is my understanding that the relevant sequence of events leading up to the continued first reading are as follows: • Planning and Environmental Commission ("PEC") began hearing the proposal in March 2017, culminating in a formal hearing. Tyrolean's HOA's Counsel, Ms. Weigler attended two meetings at PEC and submitted a letter of opposition to the PEC, dated May 17, 2017. The matter was continued to June 12, 2017, "...in order to respond to questions raised by staff and for the applicant to provide detailed responses to anticipated questions from Commissioners and the general public." Community Development Department Memorandum to the PEC, May 22, 2017, p. 14. • No prior notice was provided to Tyrolean or Ms. Weigler regarding the June 12th meeting. At that meeting, the PEC recommended approval of the Proposal to the Town Council. {00440013.DOCX / 1 } December 5, 2017 - Page 401 0 Matthew Mire, Esq. July 11, 2017 Page 2 • On June 20, 2017, eight days after the PEC's recommendation, Town Council took the matter up for a "first reading" of the Proposal. No notice of this consideration of the Proposal by Town Council was provided to Ms. Weigler or Tyrolean. The applicant and the town's counsel requested that the first reading be continued to July 11, 2017. However, at the same time, the June 20th session "is the public hearing" for the Proposal and the floor was opened up to the public for comment; one individual spoke about the Proposal. • At some point in time prior to the June 20th session, council members participated in an on-site visit along with the applicant. Although Ms. Weigler had appeared in this matter on behalf of Tyrolean, Ms. Weigler was not provided notice of the on-site visit; nor was the public invited. • Tyrolean and its counsel only recently learned of the Town Council's hearing on June 20, 2017, and the continued first reading set for July 11, 2017. My client has serious concerns about how the Proposal has been handled. First and foremost, the PEC and Town Council have ignored my client's fundamental due process rights. As property owners who reside adjacent to the Proposal, our client's members have the requisite standing to oppose the Proposal. See, Condiotti v. Board of County Com'rs of County of La Plata, 983 P.2d 184, 187 (Colo. App. 1999). With respect to zoning changes, "` ....notice should unambiguously set forth the information which would give adequate warning to all persons whose rights could be adversely affected by any action of the zoning entity, so they may appear and have an opportunity to be heard."' Jafay v. Board of County Comm'rs of Boulder County, 848 P.2d 892, 889 (Colo. 1993) (quoting Sundance Hills Homeowners Ass'n v. Board of County Comm'rs, 534 P.2d 1212, 1214 (1975)). In spite of the fact that Tyrolean, through its counsel, had objected to the Proposal, no notice was given to prior to the June 12th meeting or the June 20th meeting. This is especially concerning in light of the fact that the June 20th hearing was apparently intended to be the "public hearing" for the Proposal, and in fact, was opened to the public to comment. Compounding the lack of notice with respect to the June 12th and June 20th hearings, an on- site visit with Town Council members and the applicant occurred prior to the June 20th hearing. Again, no notice was provided to Tyrolean or its counsel so that it could participate in the on-site visit. This ex parte meeting with council members was not only professionally discourteous, it undermines the fundamental fairness of the process, and raises questions as to whether undue influence was brought to bear upon Town Council. Finally, the sequence of events in presenting the Proposal does not conform with the Vail Town Code (the "Code") or the Vail Town Charter (the "Charter"). Pursuant to Section 12-3-6 of the Code: "[u]pon the filing of an application, petition or appeal, the disposition of which requires a hearing before either the planning and environmental commission or the town council or both....a date for the hearing shall be set which shall not be more than thirty (30) days from the date of filing of the application or receipt of the document." The PEC recommended approval {00440013.DOCX / 1 } December 5, 2017 - Page 402 0 Matthew Mire, Esq. July 11, 2017 Page 3 of the Proposal on June 12, 2017, thereby triggering a hearing requirement by Town Council. The procedures set forth in the Charter relating to the enactment of ordinances state, in pertinent part: If the ordinance is approved on first reading, it shall be published once in full unless otherwise provided herein. The council shall set a day, hour, and place at which council shall hold a public hearing on the ordinance and notice of said day, hour, and place shall be included in the first publication. Charter, ¶4.10 (d)(emphasis added). Therefore, the Charter also clearly contemplates a public hearing, and that the public hearing shall occur after the first reading. It appears that Town Council and the PEC have tried to meet the thirty -day hearing requirement set forth in Section 12-3-6 of the Code by categorizing the June 20th meeting as the "public hearing." At the same time, however, the first reading did not actually occur, as it was continued to July 11th. All of this has been done without sufficient notice to all interested parties. My client desires to work with Town Council, the PEC, and the applicant to allow all interested parties an opportunity to be heard regarding the Proposal, and to participate in the process (including any site visits with the applicant). Based upon the procedural and due process concerns I have expressed in this letter, I respectfully request that the Town Council re -start the review process by providing the proper and sufficient notice to all interested parties as required to protect our client's due process rights and to comply with the Vail Town Charter and Code. Thank you in advance for your consideration. Sincerely, FOSTER GRAHAM MILSTEIN & CALISHER, LLP David Wm. Foster cc: Ms. Wendy Weigler Mr. Herb Tobin Mr. Tom Saalfeld Mayor and Town Council {00440013.DOCX / 1 } December 5, 2017 - Page 403 0 HP, Hoffmann Parker Wr Wilson & Carberry 1 P.C. Corey Y. Hoffmann Kendra L. Carberry Jefferson H. Parker M. Patrick Wilson Denver Office 511 16`t' Street, Suite 610 Denver, CO 80202-4260 (303) 825-6444 Of Counsel Vail Office J. Matthew Mire P.O. Box 2616 Hilary M. Graham Vail, CO 81658 (970) 390-4941 July 21, 2017 David Foster, Esq. Foster Graham Milstein & Calisher, LLP 360 South Garfield Street, 6th Floor Denver, CO 80209 via email to: david@fostergraham.com Re: Vail Mountain View Residences Dear David: Kathryn M. Sellars M. Keith Martin Andrew J. Gomez Daniel P. Harvey I write on behalf of the Town of Vail (the "Town") in response to your letter dated July 11, 2017 concerning Ordinance No. 9, Series 2017. First and foremost, I disagree with your assertion that the Town has ignored your client's fundamental due process rights. While I am not convinced that your client, a homeowners' association, even has such rights, your client received notice of the April 2017 Planning and Environmental Commission hearing, in full compliance with the Vail Town Code. In addition, Ordinance No. 9 was properly listed as an agenda item for the Town Council meetings on both June 12, 2017 and June 20, 2017, and the agenda was properly posted according to the Colorado Open Meetings Law, C.R.S. § 24-6-401, et seq. Moreover, no action was taken on Ordinance No. 9 at either meeting — instead, the matter was continued to July 11, 2017. And you and I first spoke about this matter on Friday, July 7, 2017, so you had actual notice of the July 11th hearing, but you and your client chose not to appear at that hearing. Second, your argument that the Town Council may only have one public hearing under the Vail Town Code and Charter is without merit. It also completely undermines your argument that your client's due process rights are being ignored. Having two public hearings provides more due process, not less, because the public has additional opportunities to be heard. Finally, as you may have heard, the public hearing and consideration of Ordinance No. 9 was continued again, this time to August 1, 2017. Though not legally required, the Town provided your client with a courtesy notice of the August 1st hearing, a copy of which is attached hereto. The Town looks forward to hearing from your client at the August 1st hearing. 7/21/2017 Q: I USERSI VAIL IMVRI CORRIFOSTER-L072117.DOCX December 5, 2017 - Page 404 0 July 21, 2017 Page 2 Should you have any questions or need additional information, please let me know. c: Jonathan Spence, Senior Planner Very truly yours, 010(Azz*A-iiwzi Kendra L. Carberry klc@hpwclaw.com 7/21/17 Q: I USERSI VAIL IMVRI CORRIFOSTER-L072117.DOCX December 5, 2017 - Page 405 0 From: Dan Wolfe [mailto:wolfdogOsaunders-therapy.com] Sent: Wednesday, July 19, 2017 9:59 PM To: Info Subject: Vail Mountain View Residences Proposed Phase II/Special Development District To Whom it may concern - We are the owners of the Phase I Vail Mountain View Residences, condo - #303. We are the second owners of the condo, although we are the first ones to actually have inhabited it. We knew from the onset that a Phase II was possibility in the future; however, we have just for the first time seen the plans that will be now be discussed at the August 1st, Town Council meeting. We have some comments/questions: 1. In the information we received regarding Phase II development at Vail Mountain View Residences, there are references to comments made early on in the planning process from residents of the Tyrolean, who are our next door neighbors to the west. As owners in Phase I of Vail Mountain Residences, we were never included in the comment process in the early planning phase. While I'm sure the next door neighbors are interested in what may be developed next door, I would argue that those of us who purchased in Phase I of the project would have more interest and input from the start than anyone else. This is the first time we have been informed of the plans for Phase II and we are upset at the timing and lack of involvement of those of us in Phase I. 2. We were given no indication that Phase II would actually be larger than Phase I. The foot print of the existing garage, on which Phase II is to be built, is smaller than what is now being proposed. The claim is that EHU's do not count. Is that actually the case at this point in time? We are shocked to find out, at this late stage in the planning process, that the size of the proposed Phase II is so large. We were not made aware of this at the time we purchased in Phase I 3. The graphic representation of the view looking north (page 7 of the application) is misleading. It shows the pool oriented perpendicular to the actual orientation. Also, they show a fairly large green space in front (south side of Phase II, as if looking from Phase I). This is a false representation. There is a sidewalk and small planting area between Phase I and the wall of the garage, which would be the start of Phase II. 4. Our understanding when we purchased our unit in Phase I, was that Phase II would not be taller than Phase I. Because Phase II starts at an elevation above Phase I, and has 4 above ground levels, Phase II is taller than the peak height of Phase I. The proposal states that the maximum height exceeds the height limitation. They offer that the Tyrolean does not reach the height maximum, but if it did, the height difference would not appear as great. This argument is ridiculous. The report also states that the setback requirements are not within specifications. Why would you approve a building that does not meet height and setback requirements. They offer other exceptions as a reason that this should be accepted now. This December 5, 2017 - Page 406 0 includes the statement that, " EHU's do not count towards GRFA. Exceeding GRFA is not uncommon with most SDDs approved by the Town, especially where the underlying zoning has not been updated to reflect current town goals for in -fill development." We disagree. Multiple exceptions to a rule or policy do not make it a viable policy, and because a policy has not been updated is not an excuse for ignoring it. It appears that the planning commission has made too many exceptions to existing policies and therefore is not fulfilling their obligation to uphold those policies. While the proposed project appears to meet some of the stated goals related to Vail development, it does so by ignoring several regulations set forth to responsibly manage that development. 5. It is our understanding that the resident units, employee units and hotel units will not have access to the Phase I pool/hot tub. Is that the understanding of the Planning Commission? The owners of Phase I should have been involved earlier. I am wondering what rights we have in this process and how we can be more involved going forward? What is the timeline for approval of the proposed plan? Please let us know how this will proceed and if there is an opportunity to be involved from a remote sight, in the Town Council meeting on Aug 1st? I'd also be interested in the Council's feelings about governance and their responsibility to uphold current policies/regulations vs. making multiple exceptions to those current policy/regulations the norm. Thank you Dan & Carol Wolfe Vail Mountain View Residences - #303 December 5, 2017 - Page 407 0 From: Jonathan Spence To: "wolfdog(asaunders-therapy.com" Cc: George Ruther; Matt Panfil; Patty McKenny Subject: Re: Vail Mountain View Residences Proposed Phase II/Special Development District Date: Friday, July 21, 2017 10:07:16 AM Attachments: imaae001.ioq image002.jpq Joint Property Owner MV.pdf Good Morning My name is Jonathan Spence and I am the Town of Vail planner working on the Vail Mountain View Residences application. Please accept my responses below to some of the questions you have raised in your email received July 19, 2017. I am also available by phone to discuss the application in greater detail. 1. In the information we received regarding Phase II development at Vail Mountain View Residences, there are references to comments made early on in the planning process from residents of the Tyrolean, who are our next door neighbors to the west. As owners in Phase I of Vail Mountain Residences, we were never included in the comment process in the early planning phase. While I'm sure the next door neighbors are interested in what may be developed next door, I would argue that those of us who purchased in Phase I of the project would have more interest and input from the start than anyone else. This is the first time we have been informed of the plans for Phase II and we are upset at the timing and lack of involvement of those of us in Phase I. Phase 1 of Mountain View Residences are considered by the Town of Vail to be an applicant for the new Special Development District (SDD) that will include Phase 2. The Vail Town Code requires all owners or their authorized representatives to consent to an application for new SDD. The homeowners association for Phase 1 has consented to this application speaking on your behalf. I have attached the letter provided to the town. If you wish to dispute the authorization provided by your homeowner's association, please take up this matter directly with the association as unfortunately the town is not in a position to arbitrate these issues. That being said, the Town of Vail welcomes comments from all affected parties and citizens of the community in regard to planning applications. I apologize that we were unable to receive your comments earlier in the process. 2. We were given no indication that Phase II would actually be larger than Phase I. The foot print of the existing garage, on which Phase II is to be built, is smaller than what is now being proposed. The claim is that EHU's do not count. Is that actually the case at this point in time? We are shocked to find out, at this late stage in the planning process, that the size of the proposed Phase II is so large. We were not made aware of this at the time we purchased in Phase I The Town of Vail has a number of different standards used to evaluate proposed projects. Two of these standards related to density are Gross Residential Floor Area (GRFA) and number of dwelling units per acre. Per the Vail Town Code, EHUs are not considered for either of these standards as to not dis-incentivize their use. All of the dimensional standards relative to this application are reviewed in the staff report. Please find a link below to the staff report and its attachments. It is the second to the last item on the agenda. December 5, 2017 - Page 408 0 https://vail.novusagenda.com/agendapublic/DisplayAgendaPDF.ashx?MeetinglD=663 3. The graphic representation of the view looking north (page 7 of the application) is misleading. It shows the pool oriented perpendicular to the actual orientation. Also, they show a fairly large green space in front (south side of Phase II, as if looking from Phase I). This is a false representation. There is a sidewalk and small planting area between Phase I and the wall of the garage, which would be the start of Phase II. I would agree that the artist rendering included in the application referenced above took a certain amount of artistic liberty and is not an accurate representation. 4. Our understanding when we purchased our unit in Phase I, was that Phase II would not be taller than Phase I. Because Phase II starts at an elevation above Phase I, and has 4 above ground levels, Phase II is taller than the peak height of Phase I. The proposal states that the maximum height exceeds the height limitation. They offer that the Tyrolean does not reach the height maximum, but if it did, the height difference would not appear as great. This argument is ridiculous. The report also states that the setback requirements are not within specifications. Why would you approve a building that does not meet height and setback requirements. They offer other exceptions as a reason that this should be accepted now. This includes the statement that, " EHU's do not count towards GRFA. Exceeding GRFA is not uncommon with most SDDs approved by the Town, especially where the underlying zoning has not been updated to reflect current town goals for in -fill development." We disagree. Multiple exceptions to a rule or policy do not make it a viable policy, and because a policy has not been updated is not an excuse for ignoring it. It appears that the planning commission has made too many exceptions to existing policies and therefore is not fulfilling their obligation to uphold those policies. While the proposed project appears to meet some of the stated goals related to Vail development, it does so by ignoring several regulations set forth to responsibly manage that development. The SDD process allows an application to request deviations from required standards, including height, setbacks, GRFA etc. The decision makers (The Planning and Environmental Commission and the Town Council) are tasked with determining if such deviations provide benefits to the town that outweigh the adverse effects of such deviations. In addition, the Town Council must also determine that the SDD meets the required standards and findings for approval. These standards and findings are included in the staff report. A link to the SDD portion of the Vail Town Code can be found below: http://www.sterlingcodifiers.com/codebook/index.php?bookid=560&chapterid=34607 5. It is our understanding that the resident units, employee units and hotel units will not have access to the Phase I pool/hot tub. Is that the understanding of the Planning Commission? The Town of Vail is unaware of what the internal relationship between Phase 1 and Phase 2 is proposed to be regarding access to amenities. The owners of Phase I should have been involved earlier. I am wondering what rights we have in this process and how we can be more involved going forward? What is the timeline for approval of the proposed plan? Please let us know how this will proceed and if there is an opportunity to be involved from a remote sight, in the Town Council meeting on Aug 1st? I'd also be interested in the Council's feelings about governance and their responsibility to uphold December 5, 2017 - Page 409 0 current policies/regulations vs. making multiple exceptions to those current policy/regulations the norm. The application received a recommendation from the Planning and Environmental Commission for approval by a vote of 4-3 on June 12th of this year. The proposal requires two readings of an ordinance before the Vail Town Council. First reading is scheduled for August 1st with a second reading tentatively scheduled for August 15th. Unfortunately, the Town Council meetings are not set up for remote participation but can be viewed online through the town's website, www.vailgov.com All correspondence received, both in support and opposition to the project, is forwarded to the Town Council members. Your email of the 19th will be forwarded prior to the August 1st meeting. If you would like to provide any additional information/correspondence, please forward directly to me prior to Wednesday, July 26 so I can include it in the packet. As I mentioned previously, I am available to discuss this application further. Sincerely, Jonathan Spence, AICP Senior Planner Community Development Department TOV-email-logo ®❑ 970.479-2321 vailgov.com twitter.com/vailgov Love -Vail -email December 5, 2017 - Page 410 0 Don Cameron Marie Harrison Tyrolean #3 Mailing Address; - 3000 E 5th Ave Denver, CO 80206 camy3000@msn.com 303 564 4491 July 24, 17 Ron Byrne: Ron Byrne Associates Real Estate 285 Bridge St, Vail, CO. ron@ronbyrne.com Dear Ron: It has been brought to my attention that in a city planning and environmental meeting you, inaccurately, said you had an agreement with me concerning the approval of your Mountain View project (this is not correct). I do not approve of the project and was lead to believe that the Town Planner was not going to support it prior to the hearing. We are absentee owners, therefore, I may not have seen if the property was properly posted. However, we did not receive an official notice of the hearing as required in most other communities. I was surprised that it was approved by vote by the planning and environmental commission. If it was approved based on the perception that Herb Tobin, the Julius Roja's family, and I, the owners that were totally impacted, were in support, based on the presentation, this perception was totally false and misleading. Although you mentioned the potential of phase 2, Mountain View, when I purchased the property, my due diligence revealed that you had exceeded a number of the zoning criteria to get your initial approval, and I didn't think the Town would allow any greater deviation from the Town Plan than they already had. I can't speak for the Mr. Rojas or Mr. Tobin, but we are being damaged by a diminution of value by our loss of view and privacy, with potential adjacent owners/occupants having a view into our units, along with a loss of natural light. December 5, 2017 - Page 411 0 It's unrealistic to ask us to accept a footprint based on an existing parking structure that was built at an elevation contrary to normally accepted zoning principles without any consideration for elevation and property line setbacks. It is my understanding that our HOA has hired counsel to object to this project, and to pursue any other remedies available to us. Sincerely, Donald Cameron Marie Harrison cc: - Town Clerk City of Vail; Patty McKenny Town Manager of Vail: Patty McKenny Town Attorney Vail; Matt Mire Mayor Town of Vail; Dave Chapin City Planner Vail; Chris Neubecker Town Council Vail; David Foster Tyrolean HOA - Tom Saalfeld Herbert A. Tobin Luis Rojas c/o Wendal Porterfield pmckenny@vailgov.com, pmckenny@vailgov.com, mmire@vailgov.com, dchapin@vailgov.com, cneubecker@vailgov.com, david@fostergraham.com, ptarmmgt@vail.net, HTobin@tobinprop.com, wporterfield@opa-law.com, December 5, 2017 - Page 412 0 From: Patty McKenny To: Jonathan Spence Subject: FW: Support of Mountain View Residences Date: Thursday, July 27, 2017 9:43:31 AM here is another public record! Patty McKenny Acting Town Manager Town of Vail pmckenny@vailgov.com 970-479-2136 From: Jeff Morgan [mailto:jeff@ronbyrne.com] Sent: Wednesday, July 26, 2017 5:45 PM To: Council Dist List Subject: Support of Mountain View Residences Town Council, I am a member for VVP Workforce Housing Coalition, and I fully support the Mountain View Residences Project. Vail Valley Partnership's board has supported this project as I do, and we believe it is appropriate density along the frontage road and adds much needed rental housing in the village core. I believe it is incumbent that the town council hear from business owners/managers, residents, and citizens in support of appropriate developments that add deed -restricted rentals. Thank you for the support of a worthy project Jeff Morgan Associate Broker Ron Byrne & Associates Real Estate 285 Bridge Street 1 Vail CO 81657 0: 970-476-1987 C: 720-314-0023 December 5, 2017 - Page 413 0 E: jeff@ronbyrne.com www.ronbyrne.com Ron Byrne & Associates 2016 Luxury Property Collection December 5, 2017 - Page 414 0 From: Dominic Mauriello To: Patty McKenny; Jonathan Spence; Matt Mire Subject: Fwd: Vail Mountain View Phase 2 Date: Monday, July 31, 2017 7:39:33 AM Hi Patty and Jonathan: David Charles, an owner in Phase 1, asked that this email he sent to the owners in phase 1 be shared with the Vail Town Council. Thank you. Dominic F. Mauriello, AICP Mauriello Planning Group, LLC PO Box 4777 2205 Eagle Ranch Road Eagle, Colorado 81631 970-376-3318 cell www.mpgvail.com From: David Charles <daviddcharles@mac.com> Subject: Phase 2 Date: July 28, 2017 5:09:31 PM MDT To: rbyrne a@ronbyrne.com Greeting neighbors; I understand the concerns of our fellow residences regarding the construction of phase two. It does come as no surprise, however, that the developer is doing exactly what he said he would do, albeit maybe a little different from each of our own preconceived ideas of what the end project would look like. We knew when we bought our unit that the HOA Board were cronies of the developer and we knew that they had the largest financial interest and we knew that they intended to build a phase 2. We also knew that we would not be a part of the design team, and that we would not have a seat on the HOA Board because of how the bylaws were written. It is, as a rule, and common practice for a developer to keep control of the HOA until the project is complete. So, it should be no surprise that the builder/developer has kept control of the HOA so that he could proceed with his original plans. It was right there in our closing documents. The developer does have the best interest in the quality and care of our project. It does him no good to undermanage or damage his own interests in the property. The building is December 5, 2017 - Page 415 0 maintained well, and so far, any requests we have made of management have been promptly handled. Our property is managed very well financially. It is our experience that HOA's managed by home owners themselves are frustrating and often inefficient. So we are glad to have Mary Ann handle this for us and believe the HOA has acted in our interest as well as the developer. In the end, the new phase should appreciate our property values not hurt them. Lawsuits and litigation over unwinnable issues will however, damage the marketability of our units. An issue I really believe we should stand firm on is the pool and common area usage. In a letter to homeowners on March 10th of this year, Ron said that there would be no joint use of the pool and common areas. It would be an overwhelming temptation for hotel guests and permanent residents to use these facilities and we would hate to see a future compromise on the use of common areas and the pool. Please note that my new email is dave@look4dave.com -dave and Joyce charles unit 204 December 5, 2017 - Page 416 0 • TOBIN PROPERTIES July 26, 2017 To the Honorable Mayor Dave Chapin: My wife Francine and I have owned our unit in the Tyrolean since the early 1990's. We love the Town of Vail and have enjoyed many wonderful times here with our family over the years and have made many friends. By way of background, I am the President of the Tyrolean Condo Association which is located immediately to the West of the proposed Phase 2, Vail Mountain View Residence. Since 1926, my company, Tobin Properties, based in a suburb of Miami, have been active owners and developers of real estate with holdings in the Southeast, Mountain and the Pacific Northwest. I also served for 10 years as Mayor of the Town of Golden Beach in Miami Dade County, where I have resided with my family since 1978. I have been on both sides of the table and understand each side with great clarity. Today, I am writing to you representing our association and as an individual unit owner to encourage you to deny the application before you. As I see it, the case to deny is clear. In 2007, the original Mountain View development was approved without any notice to us as a neighbor. There was no consulting or discussion on the part of the developer and we all know that notice is a fundamental part of our laws in this country. The Town also permitted a "subterranean" garage to be constructed using the crown of Frontage Road as the standard. The Mountain View property is substantially below that road, resulting in a garage that is at least two stories above the ground and that is what we look at and again, no consideration for the Tyrolean. In addition, the Town knowingly permitted the developer to beef up this so called subterranean garage's foundations to support a future development, which they were not entitled to build at that time. Frankly, if this had not been allowed by the Town, we would not be here today! In all zoning cases, the rules are set and must be followed. The Town should be more thoughtful about its approach to solving its biggest problem workforce housing. All of this should take into account the developers' rights, but also, the rights and quiet enjoyment of the neighbors. This is not what the developer has done in this proposal. What we have here is a building site that is 100% built out according to your ordinances. Yet, the Town has created special development district zoning that allows a developer to have a "second bite" at the apple. In the matter before you, the fundamental incentive to the Town, is to end up with workforce housing. The deep question to you is why you would permit that at the expense of the Tyrolean, or anyone else who has relied on the existing zoning regulations. In all of the critical categories, they dramatically exceed your codes all in the name of 10 workforce housing units. You not only set a dangerous precedent for future developers to feel they can get just about anything in the name of workforce housing. The main issue is that we are irreparably damaged and it will only be worse if you approve. I remember when the Town of Vail's "hot button" was parking (coincidentally around 2006). Tobin Properties recently completed a lengthy entitlement process on 5 acres that we own on the ocean in Grassy Key near Marathon in the Florida Keys. Workforce housing is a critical issue there as development has replaced all of the places where people who work in the stores, restaurants, hotels and homes would live in and now have to address phone fax internet 1101 Ben Tobin Drive Hollywood, FL 33021 954.989.3000 954.985.1116 www.tobinprop.com December 5, 2017 - Page 417 c address • TOBIN PROPERTIES travel from a far place to work and public transportation is nonexistent there. The City of Marathon stuck to their rules and came forth with a balanced outcome good for all. There were no special zone districts as there is here. In my opinion, there is no way that any approving authority should give their blessings to an entitlement process that would affect a neighbor gravely. Neighbors should have to sign off or at least be notified in every category. The Town should know that they lay themselves open to serious legal repercussions; some of which are not pleasant. The SDD zoning is not balanced and not a solid defensible concept. This proposed development is just not going to work. Reducing the size makes this development unfeasible and the developers know that so that is why they asked for so much. You must stop this here and now. The Tyrolean appeals to your common sense and hope that you will deny this unnecessary development. Sincerely, Herbert Tobin Tyrolean HOA, Board President cc: Town Clerk City of Vail - Patty McKenny Town Manager of Vail - Patty McKenny Town Attorney Vail - Matt Mire City Planner Vail - Chris Neubecker Tyrolean HOA Attorney - David Foster Tyrolean HOA — Manager Tom Saalfeld Tyrolean HOA — President Herbert A. Tobin Tyrolean HOA — Member Don Cameron Tyrolean HOA — Member Marjorie Davidoff Tyrolean HOA — Member Peter Clarke Luis Rojas c/o Wendal Porterfield Town of Vail City Council — Mayor Pro Tem Jenn Bruno Town of Vail City Council — Member Dick Cleveland Town of Vail City Council — Member Kevin Foley Town of Vail City Council — Member Kim Langmaid Town of Vail City Council — Member Jen Mason Town of Vail City Council — Member Greg Moffet phone 1101 Ben Tobin Drive Hollywood, FL 33021 954.989.3000 pmckenny@vailgov.com pmckenny@vailgov.com mmire@vailgov.com cneubecker@vailgov.com david @fostergra ha m.com ptarmmgt@vail.net htobin@tobinprop.com marieh3000@yahoo.com margie.davidoff@gmail.com peter@brattles.com wporterfield@opa-law.com jbruno@vailgov.com dcleveland@vailgov.com kfoley@vailgov.com klangmaid@vailgov.com jmason@vailgov.com gmoffet@vailgov.com fax internet 954.985.1116 www.tobinprop.com December 5, 2017 - Page 418 c From: Dominic Mauriello dominic@mpgvail.com Subject: Fwd: Vail Mountain View Phase 11 Information Date: July 28, 2017 at 2:13 PM To: From: Ron Byrne Sent: Wednesday, July 26, 2017 6:52 PM Subject: Vail Mountain View Phase II Information Dear Michael & Linda, We would like to provide some additional information on the future development of what we are calling "Phase II" of the Vail Mountain View Residences ("VMVR"). When we developed the existing units at VMVR, we envisioned and designed the project to accommodate an additional building on top of the parking garage, anticipated to be even larger than the currently proposed Phase II building. The upper garage, with its own entrance, was designed with potential commercial uses such as hotel, employee housing, fractional time shares, and a host of other commercial uses in mind. The lower garage, with its separate entrance, was dedicated for current and future owner residential use, and will continue to be used, maintained and kept in the same clean service condition as in the past. It was important to us, in the original HOA documents, to make all purchasers of units in the initial VMVR building ("Phase I") and future Phase I buyers aware of the Phase II development potential. The recorded title documents, provided to all buyers of interests in VMVR, clearly disclose the existence of reserved development rights and, consequently, future development potential. A copy of the "Notice Regarding Disclosures", recorded on May 17, 2009, at Reception No. 200906994 of the Eagle County real property records, which states, among other things, that reserved rights include "the right to build a new building on the Unbounded Condominium Unit" is enclosed for your reference. The Condominium Declaration for the Vail Mountain View Residences on Gore Creek, recorded on December 5, 2008, at Reception No. 200825629, and provided to all buyers at VMVR, likewise describes in Article 15 the reservation of development rights. Phase I is one of our proudest developments and was done with care and thought with the future planning of Phase II. Phase II will have a separate HOA and will not affect the existing operation of Phase I. The pool will continue to be for Phase I only and will not be shared with the Phase II development. The first two floors of Phase II are dedicated to 19 hotel units and 10 Employee Housing Units (EHU). The high quality, boutique hotel units are designed to have minimal impact on the Phase I owners. The entrance to the hotel is located on the north (Frontage Road) side of the building. The lobby has a front desk with full time management and security. The hotel units are modeled December 5, 2017 - Page 419 c alter the successful Limelight Hotel concept in Aspen and Ketchum, Idaho, winch incorporate modern, high-end finishes. In addition, they do not have balconies on the south side (courtyard area), which was specifically designed to minimize noise impact on Phase I. The entrances to the 10 Employee Housing Units are from the north side (Frontage Road) of the Building and all units are designed without balconies to minimize traffic and noise impact. The interior of each unit is designed with high-end finishes and amenities to serve the needs of professional, medical, business owner, and successful full-time workers of Vail. These are not low-end housing units, but instead, ideal for the professional work -force housing market. The space plan for majority of the units incorporates 2 master bedrooms and 2 bathrooms. The 12 For -Sale residential units will be developed with the same eye towards quality as the Phase I building and units, which we are extremely proud of. In addition, we believe the development of the Phase II Building will be a noise barrier to the traffic on Interstate 70 and the Frontage Road since it is located to the north of the Phase I building (between Phase I and the interstate). The developer, Peter Carlson, is a very experienced residential, multi -family, and commercial developer. The project will be on a shortened construction schedule of approximately 14 months, due to the existing garage and foundation, which was completed in 2008. I would be happy to meet with you to answer any of your questions and invite you to go to the Town of Vail Website (http://www.vailgov.com/planning), which has the entire development progress and drawings. Additionally, there are two upcoming hearings with the Town Council on the proposed Phase II project currently scheduled for August 1 and August 15. We look forward to a quality, high-end project that will be a benefit to all. Warmest regards, Ron Byrne Lunar Vail, LLC Adobe vmvr condo declara...08.pdf 7 Adobe VMVR Packag...017.pdf Adobe Notice of Disclos...cs.pdf December 5, 2017 - Page 420 0 Mauriello Planning Group July 13, 2017 Vail Town Council % Jonathan Spence, AICP 75 South Frontage Road Vail, Colorado 81657 Re: Response to Letter from David Wm. Foster on behalf of the Tyrolean Condominium Association Dear Town Council: A copy of the letter from Mr. Foster was provided to the applicant for the Vail Mountain View SDD. We were surprised to hear that the Tyrolean representatives were unaware of the meeting schedule for the project. Below is a list of events and related notice and information provided to Tyrolean representatives. Where applicable, I have attached copies of meeting minutes, portions of staff reports, and copies of deck slides from presentations made at the meetings on the project. Events: • On or about March 6, I sent a letter to the Tyrolean's manager Tom Saalfeld, informing the Tyrolean that a potential development project was being designed on the Mountain View property and the plan would be shared with the Tyrolean. This letter was acknowledged by Wendy Weigler on March 21 in an email to me. • On March 23, I sent an email to Wendy Weigler and Tom Saalfeld alerting them that the applicant plans to file an application with the Town of Vail on March 27, 2017. I also indicated that the first hearing with the Planning and Environmental Commission was anticipated on April 24, 2017. • On March 27, I sent an email with a Dropbox link to Wendy Weigler and Tom Saalfeld indicating that the applicant had submitted an application to the Town of Vail. The Dropbox link included our entire submittal to the Town. I also indicated that the first Planning and Environmental Commission was scheduled for April 24 at approximately 1:00 pm. • On April 7, I sent an email to Wendy Weigler and Tom Saalfeld inviting them to an open house on the Mountain View project scheduled for April 12, 2017. • On April 12, an open house was held from 5:15 - 6:15 pm at the Grand View conference room at the Lionshead Welcome Center. Tom Saalfeld attended the open house and participated in an overview of the project. • On April 24, the Planning and Environmental Commission held a public hearing on the Vail Mountain View proposed SDD. Wendy Weigler and Tom Saalfeld were both in attendance at the hearing and Tom Saalfeld spoke on the record at the hearing (meeting minutes attached). The staff memorandum (first two pages attached) on the proposal dated April 24, 2017 includes a projected comprehensive review schedule for the project, which includes Planning Commission hearings on May 22 and June 12 and a Town Council hearing on June 20, 2017. The hearing was formally continued to May 22. PO Box 4777 Eagle, Colorado 81631 1 Mauriello Planning Group 970.376.3318 www.mpgvail.com December 5, 2017 - Page 421 0 • On May 17, Wendy Weigler submitted an objection letter to the Town acknowledging she attended the hearing on April 24. • On May 22, the Planning and Environmental Commission held a public hearing on the Vail Mountain View proposed SDD. Wendy Weigler and Tom Saalfeld were both in attendance at the hearing and Wendy Weigler spoke on the record at the hearing (meeting minutes attached). The staff memorandum (first two pages attached) on the proposal dated May 22, 2017 includes a projected comprehensive review schedule for the project, which includes a final Planning Commission hearing on June 12 and a Town Council hearing on June 20, 2017. Also, during the presentation to the Planning and Environmental Commission, discussion of the proposed review schedule occurred (slide from presentation attached), wherein it was noted that a final Planning Commission hearing would be held on June 12 and a Town Council hearing on June 20, 2017. The hearing was formally continued to June 12. • On June 12, the Planning and Environmental Commission held a public hearing on the Vail Mountain View proposed SDD. Tom Saalfeld was in attendance at the hearing and spoke on the record at the hearing (meeting minutes attached). During the presentation to the Planning and Environmental Commission, discussion of the proposed review schedule occurred (slide from presentation attached), wherein it was noted that a Town Council hearing would be held on June 20. The Planning and Environmental Commission took its final action on June 12. • On June 20, the Town Council held a public hearing and site visit on the proposal. The Town Council formally continued that hearing to its July 11, 2017 meeting. • On July 10, I sent an email to Wendy Weigler and Tom Saalfeld letting them know that the applicant was requesting the application be continued to the July 18, 2017 Town Council meeting and that the second reading was anticipated for August 1, 2017. • On July 11, the Town Council opened the public hearing on the proposal and continued the hearing to August 1, 2017. • On July 14, I sent an email to Wendy Weigler and Tom Saalfeld indicating that the Vail Mountain View SDD had been continued to the August 1, 2017 meeting of the Town Council and with an anticipated August 15 hearing for second reading of the ordinance as well. It should be noted that all of the agendas for the Planning and Environmental Commission and the Town Council are posted online by the Town of Vail and at Town Hall for every hearing that was held. Notice of the Planning and Environmental Commission hearing on April 24 was mailed to the Tyrolean and published in the Vail Daily newspaper. Sincerely, Dominic E Mauriello, AICP Principal c: George Ruther, Community Development Director Matt Mire, Town Attorney 2 December 5, 2017 - Page 422 0 TOWN OFUAJL PLANNING AND ENVIRONMENTAL COMMISSION April 24, 2017, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Members Present: Brian Gillette, Pam Hopkins, John -Ryan Lockman, Karen Perez, John Rediker, and Brian Stockmar Members Absent: Ludwig Kurz Legal Update and Training - Matt Mire, Town Attorney — Matt Mire provided general legal training on the topics of liability, legislative and quasi-judicial reviews, conflicts of interest, and ex -parte contact. He indicated that for conflicts of interest, PEC members should consider if they, their spouse, family or company would receive any financial benefit from any decision that they make as a voting member of the PEC. If so, then there is a conflict of interest. Mire discussed the roles and responsibilities of the Planning and Environmental Commission, the requirements to take minutes, voting procedures, and conduct during site visits. Election of Chair - Commissioner Gillette, seconded by Brian Stockmar, made a motion to nominate John Rediker as Chairman of the Planning and Environmental Commission. The motion was approved 5-0-1 (Rediker Recused). Election of Vice -Chair - Commissioner Gillette, seconded by Brian Stockmar, made a motion to nominate Ludwig Kurz as Vice -Chairman of the Planning and Environmental Commission. The motion was approved 6-0-0. Site Visit — Mountain View Residences on Gore Creek — 434 South Frontage Road 2. A request for a recommendation to the Vail Town Council of an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 6 attached accommodation units (lock -offs), 21 accommodation units and 9 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. (PEC17-0006) — 60 min. Applicant: Lunar Vail, represented by Mauriello Planning Group Planner: Jonathan Spence MOTION:Continue to May 22, 2017 FIRST: Perez SECOND: Lockman VOTE: 6-0-0 Spence introduced the project to the PEC. Spence outlined the process for the review of a December 5, 2017 - Page 423 0 request for a new Special Development District (SDD). The PEC will be asked to make a recommendation to the Town Council. Spence then summarized the project details, including the number and type of the proposed units. The structure will be constructed atop the existing parking facility. Deviations associated with the request include: the east side setback, building height, density, gross residential floor area (GRFA), site coverage, and loading dock width. Spence identified an error in the staff memo regarding attached accommodation units (AUs) and how they apply to density. Spence then discussed the history of the subject property as well as adjacent parcels. In 2006 the property was subdivided, creating nonconformities in regards to site coverage and limited the future available GRFA. Gillette asked about the purpose of the 2006 subdivision. Spence deferred to the applicant to answer during their presentation. Rediker asked Spence for clarification of the existing zoning of the subject property and adjacent parcels. Rediker then asked about the criteria for establishing an SDD. Spence summarized the nine (9) standards that are to be considered during the review of an SDD. Spence added that consideration is to be given to the public benefit versus the amount of relief requested. Gillette asked about the process involved in the previous subdivision. Spence responded that it was reviewed and approved by the PEC. Stockmar stated a concern about the relationship between the previous subdivision and the relief being requested. Gillette and Rediker asked that the minutes of the PEC meeting that approved the subdivision be provided before the next meeting. Gillette asked about the amount of relief that would be required if the subdivision did not occur. Spence replied density, height, and possibly GRFA. Hopkins asked if parking would be compliant to which Spence replied in the affirmative. Perez asked about the status of the Apollo Park lease and if there were any plans for its redevelopment. Spence replied that there are no requests at this time. Hopkins asked for clarification of the property lines. Dominic Mauriello, representative of the applicant, provided a PowerPoint presentation. Mauriello introduced the development team and then discussed the characteristics of the area surrounding the subject property. Mauriello discussed the proposed site plan including circulation and the building footprint. Phase One of the development included 112 parking spaces that also accommodated parking needs for Phase Two. Mauriello summarized the number and type of units proposed. He emphasized that the proposed employee housing units (EHUs) are a public benefit. Mauriello introduced Will Hentschel of 359 Design to discuss the elevations and architectural design of the proposal. Referencing the elevations, Hentschel stated that the north elevation design took into account the surrounding context and other architecture along the 1-70 corridor. The south elevation maintains a base -middle -top design approach. December 5, 2017 - Page 424 0 Materials include stone veneer base, wood siding where allowed, metal panels, and glass. Hentschel then reviewed the floor plans for each level. Mauriello continued his presentation by outlining the approval process. He then discussed the public benefits of the project including the provision of EHUs, short term AUs, and public art. Gillette suggested that the applicant consider placing the public art near the creek. Mauriello discussed the history of the subject property and its relation to Apollo Park to the east. Gillette asked for clarification on the existing building and if it encroaches into the side yard setback. Mauriello summarized the requested deviations from the underlying High Density Multi - Family (HDMF) Residential zone district and compared them to other previously established SDDs. Mauriello stated that an Environmental Impact Report (EIR) has been provided. The report did not find any significant impacts to the environment. A traffic study has also been provided. CDOT (Colorado Department of Transportation) will not require any new improvements. Mauriello then identified the pedestrian connections. A video of a sun/shade analysis was provided. Mauriello provided more details regarding the layout, size, and location of the EHUs. He then did the same for the AUs and for sale dwelling units (DUs). Gillette asked if anyone knew how many hotel rooms were in the Vail Mountain Lodge. Brian Johnson, property manager of the Vail Mountain Lodge, was in attendance and responded that there are twenty (20) AUs within Vail Mountain Lodge. Hopkins asked about the separation distance between Phase One and Phase Two. Hentschel stated that at its closest point it is approximately 22' between structures. Mauriello discussed the project in relation to the goals, objectives, and action plan located within the Vail Village Master Plan. Mauriello concluded his presentation by discussing the public outreach the applicant has conducted to date. Spence asked Mauriello to discuss why the application to amend the Vail Village Master Plan was withdrawn. Rediker asked for commissioner comment. Stockmar stated his concern about the previous subdivision and what might be anticipated for the subject and adjacent properties. Rediker asked what the sun/shade impact will be to the frontage road. Mauriello explained December 5, 2017 - Page 425 0 that there will be some impact and has already discussed with Public Works the necessity for heated sidewalks. Rediker asked about impacts on the road itself. Mauriello stated that measures similar to those taken by Solaris may be required. Rediker asked about the impact on the parking lot to the east. Mauriello replied that the impact tends to occur during summer afternoons but will provide more information at the next meeting. Rediker asked for clarification in regards to the setbacks. He stated that the Vail Village Master Plan references extensive landscape buffering if the subject property were to be redeveloped and asked about any proposed landscaping. Hopkins asked if CDOT regulated the size of the vegetation in the right-of-way. Mauriello responded that there is no proposed vegetation within the right-of-way. Perez asked if there are any noise impact studies in consideration of the proximity of the units. Hentschel replied that no studies have been conducted, but they will meet the Vail Town Code noise requirements. Gillette asked staff if there were design guidelines by which the proposal should be evaluated. Spence stated that there are basic guidelines located within the Vail Village Master Plan, but the property is not located within the Vail Village Urban Design Guideline document. Rediker asked staff if there are other items located within the Vail Village Master Plan that are of concern due to a lack of compliance. Lockman asked about specific details of different zone districts. Perez asked if there is concern about creating SDDs instead of maintaining consistent zone districts. Spence outlined concerns that have been mentioned about SDDs, including a lack of predictability. Lockman asked about the proposed setback deviation. Mauriello stated that the applicant is looking at adjusting the zero foot (0') setback. Gillette stated that in order to address the setback issue, the lot could be re -subdivided. Mauriello stated that this would not be likely. Hopkins commented about the lack of visual interest on the north side of the property and suggested additional pockets of landscape. Rediker opened the meeting for public comment. Chris Romer, President, Vail Valley Partnership (VVP), stated the VVP supports the proposal. The VVP finds the bulk and mass is appropriate and meets a need for mid-range hotel rooms and EHUs. Tom Saalfeld., manager of the Tyrolean building, requested sun/shade analysis on the Tyrolean. He stated that there are owners within the Tyrolean concerned about the height and density of the proposed structure. Brian Johnson, manager of Vail Mountain Lodge, stated his support for the project and that December 5, 2017 - Page 426 0 he did not feel the proposed hotel units would compete with Vail Mountain Lodge. He does not object to the height of the proposed structure. He does agree that the sidewalk should be heated. Commissioner Comment: Stockmar: Expressed his concern about the proposed height of the structure, especially in relation to the existing building and the Tyrolean building. He is also concerned that the proposed setback is too small. He also suggested the lengthy EHU hallway should be broken up. Hentschel clarified that it was the hallway for the AUs. Stockmar clarified that said hallway should be broken up. Gillette: Expressed concern about the bulk and mass of the structure, including the uniform roofline and facades. Expressed support for SDDs and adding GRFA and bulk if there is sufficient public benefit. He suggested the structure meet code height toward the west in proximity of the Tyrolean. In regards to public benefit, he would like to see more EHU and less AU floor space. He also believes the setback requirements should be met. Lockman: Concerned about the setback encroachment. Also concerned about the amount of GRFA proposed, which is connected to concerns about the building height and mass. Acknowledges the benefits of adding GRFA in proximity to the commercial core, but believes the Vail Village Master Plan specifically addresses a limit to mass and height. Hopkins: The project creates a tunnel effect on the south side of the structure. Is concerned about the sidewalk and believes it should be heated. Concern about building height as the existing garage is already above grade. She asked for locations of mechanical equipment. Hentschel replied that there will be spaces created within the parapet areas, but they will provide more information at the next meeting. She is also concerned with the lack of animation on the north facade. Perez: Concerned about the proposed building height. Rediker: The Vail Village Master plan recommends four stories, which is an issue especially in consideration of the sloping nature of the property. He is concerned about the height and believes people driving along the frontage roads and 1-70 should be able to see Vail Village and Vail Mountain. He commented on zoning in general and the use of SDDs. Though he is not necessarily against the use of an SDD, he stated the property was designated as HDMF for a reason. Agreed that the north facade needs additional architectural character and buffering from the frontage road. Also has concerns regarding installation of heated sidewalks due to their environmental impact. In regards to neighboring properties, he finds it helpful to have written comment either in favor of or in opposition to the project. Stated that there are some benefits to the proposal, including the addition of hot beds. Concluded with his belief that the project might be helped by the elimination of some of the EHUs as the project as proposed is too Targe. 3. A request for a recommendation to the Vail Town Council for a zoning text amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 26, Traffic Impact Fee, and setting forth details in regard thereto. (PEC17-0008) — 45 min. Applicant: Town of Vail, represented by Tom Kassmel Planner: Chris Neubecker December 5, 2017 - Page 427 0 TOWN OF VAIL ` Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 24, 2017 SUBJECT: A request for a recommendation to the Vail Town Council of an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 6 attached accommodation units (lock -offs), 21 accommodation units and 9 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC,represented by Mauriello Planning Group Planner: Jonathan Spence I. SUMMARY The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 6 attached accommodation units (lock -offs), 21 accommodation units and 9 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Process The process to establish a new special development district (SDD) begins with a pre - application meeting with staff to discuss the goals of the proposed SDD and the relationship of the proposal to the Town's Comprehensive Plan. Next, the Planning and Environmental Commission (PEC) conducts an initial review of the proposed development in which they can recommend approval of the proposal as requested, recommend approval with modifications, or may recommend denial of the proposal. Finally, the Town Council (TC) reviews the PEC's findings and recommendation. The Town Council shall consider the PEC's recommendation, but is not bound by the recommendation in reaching their decision to approve, approve with modification, or deny the proposal. December 5, 2017 - Page 428 0 Timeline The applicant has submitted a project review timeline indicating their preference that this meeting functions as an introduction to the project for the PEC. The applicant's projected timeline* is as follows: • 4/24 PEC Worksession • 5/3 Design Review Board (DRB) Conceptual Review • 5/22 PEC Public Hearing (recommendation to TC) • 6/7 DRB Conceptual Review • 6/12 PEC (Back-up final public hearing if necessary) • 6/20 TC First Reading/Worksession • 7/18 TC First Reading or Second Reading • 7/19 DRB conceptual • 8/1 TC Final Hearing/Second Reading • 8/16 DRB Final Approval * The above timeline is only an estimate by the applicant and is subject to change. Based upon the applicant's submitted timeline and the preliminary nature of this meeting, the Community Development Department recommends the PEC continues PEC17-0006 to the May 22, 2017 Planning and Environmental Commission meeting in order to address concerns raised by staff and for the applicant to provide detailed responses to anticipated questions from Commissioners and the general public. II. DESCRIPTION OF REQUEST The applicant, Lunar Vail, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 6 attached accommodation units (lock -offs), 21 accommodation units and 9 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. A vicinity map (Attachment A), a project narrative (Attachment B) and plan set (Attachment C) are attached for review. The project is composed of the following components: Employee Housing Units (EHUs) The proposed nine (9) EHUs will be deed -restricted rental units, limited to residents working at least thirty (30) hours per week in Eagle County. The proposed EHUs range in size from approximately 1,015 square feet to 1,309 square feet and all are two- bedroom units. The EHUs are located on the first and second floors above the parking garage in the proposed structure. The total square footage of the nine (9) units totals 11,153 square feet. EHUs, per the Vail Town Code, are not considered Gross Residential Floor Area (GRFA) and are thus not deducted from a development's Town of Vail Page 2 December 5, 2017 - Page 429 0 FQWfJ OF9 PLANNING AND ENVIRONMENTAL COMMISSION May 22, 2017, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Members Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, John -Ryan Lockman, John Rediker, and Brian Stockmar Members Absent: Karen Perez Site Visits: 1. Gasthof Gramshammer - 231 Gore Creek Drive 2. Hill Building - 254 & 311 Bridge Street 3. Vail Mountain View Residences - 430 & 434 South Frontage Road 4. Sharon M Bernardo Trust Residence, 4718 Meadow Drive 2. A request for review of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a renovation, and a request for recommendation to the Vail Town Council on an application for encroachments into an existing view corridor, pursuant to section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for encroachments into View Point #1 for modifications to the Hill Building, located at 254 and 311 Bridge Street (Hill Building)/Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC 17-0010/PEC 17-0012) Applicant: Mt. Belvedere 45 LLC and 43-45 Riva Ridge LLC, represented by Braun Associates Planner: George Ruther Motion: Approve, with condition First: Kurz Second: Gillette Vote: 6-0-0 1. Approval of this exterior alteration request (PEC17-0010) is contingent upon the applicant obtaining Town of Vail approval of an associated design review application and view corridor encroachment application. 2. The applicant shall be required to meet the Commercial Linkage obligations at time of building permit issuance. The applicant shall remit a fee in lieu payment of $6,483.70 to the Town of Vail. 3. The applicant and the Town of Vail shall review all existing pedestrian easements to verify compliance with existing and proposed uses. Any changes to the easements required shall be mutually agreed upon and recorded with the Eagle County Clerk and Recorder's Office, prior to the issue of a building permit for the proposed renovation. December 5, 2017 - Page 430 0 4. The applicant shall submit a stamped Improvement Location Certificate (ILC) to the Town of Vail, prior to issuance of the building permit indicating the existing conditions of the Hill Building relative to View Corridor #'s 1, 2, and 4. Then, prior to requesting any certificate of occupancy for the building, the applicant shall submit a second ILC to the Town verifying that the building has been constructed in compliance with the approved building permit set of plans. 5. The applicant shall cause a covenant or similar form of restriction to be recorded with the Eagle County Clerk and Recorder's Office against the Hill Building property (Lots C & L, Block 5C, Vail Village Filing 1) prohibiting vehicle parking from occurring on town -owned land or otherwise outside the enclosed parking space within the Hill Building. Further, the garage door to the enclosed parking space shall remain closed when not in use for immediate ingress or egress. The restriction shall be in a form reviewed and approved by the Town Attorney. Said restriction shall be recorded by the applicant prior to any request for a certificate of occupancy for the Hill Building. 6. Prior to issuance of a building permit, the applicant shall submit a report from a qualified roofing consultant that verifies which verifies that the appropriate mitigation measures are proposed for implementation during construction to ensure protection of the pedestrians and the public right-of- way from snow shedding onto any immediate or adjacent pedestrian area. George Ruther, Director of Community Development, provided a summary of the requested encroachments into existing View Corridor No. 1 and reviewed the proposed exterior alterations to the structure. The increases in gross residential floor area and ground floor commercial are minimal. The building slightly increases in height. There is also a slight increase in on-site landscaping. Ruther reviewed the approval criteria. Commercial linkage will be required for the additional 76 square feet of ground floor commercial space. The maintained use of the existing garage space was discussed. Rediker: Asked Ruther for clarification of non -conforming encroachments into view corridors, particularly in regard to View Corridor No. 4. Ruther stated that encroachments are allowed to remain, provided the level of encroachment is not increased. Tom Braun, the applicant's representative, provided a PowerPoint presentation. The presentation highlighted changes that have occurred since the previous PEC meeting on May 8, 2017. Braun provided detailed view corridor exhibits and discussed the reduction of the existing view encroachment into View Corridor No. 4. There are elements of the proposal, particularly the chimneys, which will encroach into View Corridor No. 1. Braun stated his belief that the proposed encroachments do not diminish the view corridor and that they comply with the approval criteria. Braun reviewed the proposed versus existing landscaping, identifying the trees to be removed and replaced as well as the areas where new landscaping is proposed. Referencing multiple images, Braun discussed the sun/shade analysis and the changes between the existing and proposed structure. December 5, 2017 - Page 431 0 Braun introduced Louis Bieker of 4240 Architecture to discuss the architectural details of the proposal. Gillette: Asked Bieker to provide more information regarding the sun/shade analysis. Bieker then addressed previous commissioner comments regarding the use of stucco as a hand railing at the second floor. The changes that have been made include a shortened railing and the introduction of a planter area at the southwest corner and a wooden rail cap on the west elevation. The stucco over the proposed storefront on the north side of the structure has also been removed and replaced with a parapet cap that is consistent with the storefront design. Changes to the color palette were also made based on previous commissioner comments. Bay windows were added to the ground floor commercial space in response to previous commissioner comments. Coursing and belting have been added to the new northwest storefront to provide more architectural detail at the ground level. Additional architectural relief is also provided to create a stone base to the building and window setbacks. The roof material will be flat seam copper. The roof will have a shingled appearance rather than a flat seam roof appearance. In response to previous commissioner comments, snow fences and other measures have been provided to avoid snow falling into pedestrian paths. Bieker stated that the proposed stone will have a natural color and varying relief. The stucco will be a "parchment" white, similar to the Sonnenalp and Gorsuch buildings, with a textured finish. Rediker: Asked about the changes at the southeast portion of the structure. Bieker identified an area of the east side, just north of the garage door, of the ground floor commercial that has been altered to provide additional storefront windows. Asked Bieker for more information about snow shedding. Bieker reviewed the snow management plan. Hopkins: Asked how far the doors were recessed into the building. Bieker stated approximately six to eight inches. Stockmar: Asked if heat tape will be used on the roof. Bieker affirmed. The heat tape will be clad in copper and will not be noticeable to the public. Public Comment - Ron Byrne stated his support for the proposed design. He is not concerned about the view corridor encroachments. Lockman: Stated that he felt the applicant has addressed commissioner comments from the previous meeting. He feels that the decrease in encroachment of View Corridor No. 4 helps offset the proposed increased encroachment in View Corridor No. 1. Hopkins: Agreed with Commissioner Lockman that the changes are beneficial to the project. Expressed her continued concern with snow shedding. Kurz: Agreed that the applicant has addressed previously stated concerns and feels that the changes are positive. Expressed his concern about the encroachment into View December 5, 2017 - Page 432 0 Corridor No. 1. Emphasized that addressing all the criteria for a view corridor encroachment is necessary. Rediker: Asked for clarification as to the nature and degree of the encroachments into View Corridor No. 1. Ruther stated that the increase in roof height is due to added insulation required by building code and also the flues and spark arrestors are required by code. The proposed chimney caps are an aesthetic solution to exposed flues. Ruther also discussed the purpose and three-dimensional nature of view corridors. Kurz: He feels more comfortable with the encroachment into View Corridor No. 1. Supports the proposal to remove the on -street parking. Gillette: Suggested the applicant could replace the wood burning fireplaces with gas fireplaces and thus not have to increase chimney height. Expressed concern about the sun/shade analysis and the proposal's impact on the vertical walls of adjacent properties. Stockmar: Agreed that the previous commissioner comments have been sufficiently addressed. Expressed his concern about the view corridor encroachments. While view corridors are sacred, there are changes that occur that no one has control over such as the growth of trees. Rediker: Agreed that previous commissioner comments have been addressed. Reviewed the criteria for approval of a view corridor encroachment and stated his belief that the proposal complies with all criteria. Expressed his concern about snow shedding and suggested a condition regarding changes to the snow management plan. Ruther: Suggested a condition that the snow management plan be further reviewed by a professional to ensure protection of the public right-of-way in the areas of concern noted by commissioners. 3. A request for a recommendation to the Vail Town Council of an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 6 attached accommodation units (lock -offs), 21 accommodation units and 9 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Motion: Table to June 12, 2017 First: Kurz Second: Stockmar Vote: 6-0-0 Jonathan Spence summarized the process of approval for a Special Development District (SDD) and the changes the applicant has made since the previous meeting on April 24(?), 2017. Dominic Mauriello, representing the applicant, provided a PowerPoint presentation. Mauriello began by reviewing the anticipated project timeline and discussed the formulation of the proposal. Mauriello emphasized that the proposal will be 38% employee housing units and will provided "mid -price hot beds." Mauriello referred to December 5, 2017 - Page 433 0 the Vail Village Master Plan and stated that it anticipated that the redevelopment of the property would require exceeding zoning regulations. Gillette: Asked for clarification what the Vail Village Master Plan stated for the property. Spence: Stated that the Master Plan anticipated redevelopment exceeding density, but not building height. Mauriello continued by reviewing the changes in design since the last PEC meeting. The east setback has been increased from 0' to 15', the building height has been reduced by 2', and the tower feature has been eliminated. Mauriello introduced Will Hentschel, architect of 359 Design, to discuss the architecture of the structure. Hentschel discussed the proposed location of mechanical equipment. The mechanical equipment will be located in the existing parking garage and in a roof trough. Hentschel stated that the separation between the existing (Phase I) and proposed building ranges from 26' to 85'. Referencing a series of elevations, Hentschel summarized the architectural changes that have occurred. The building stepped down in height on the west end near the Tyrolean building. The top floors of the west end of the structure also step back from the base approximately 3'. Hentschel stated that the team will be looking at Phase I for cues for additional design changes. He then reviewed the level of articulation of the structure's facades. Hentschel then discussed the floor plans and identified the location and type of the various dwelling and accommodation units. Based on previous commissioner comments, there is now undulation of the interior corridors. Mauriello then continued his presentation by discussing the public benefits of surplus on-site employee housing units and the provisions of "mid -price hot beds." Referencing a series of slides, Mauriello provided responses to questions that were raised at the previous PEC meeting. Topics included: the history of Apollo Park, the Mountain View plat, the history and characteristics of the Tyrolean. Mauriello discussed private views and stated there is no regulatory protection of private views in Vail. He cited a previous court case that supported this statement. He reviewed the building height exhibit. The maximum proposed height is approximately 70 feet. He compared the proposed height to the height of other buildings in Vail. Mauriello then presented a sun/shade analysis. Mauriello identified individuals, agencies, and companies that have provided letters of support for the proposal. He stated that the Vail Local Housing Authority (VLHA) voted unanimously to support the project. Mauriello stated his belief that the proposal complies with the intent of the Vail Village Master Plan. He discussed SDDs and stated it does not matter if they are an effective tool or not, as that is a policy matter for Town Council. Mauriello concluded by asking for additional feedback in preparation for a recommendation vote at the next PEC meeting on June 12, 2017. Hentschel provided a graphic that depicted the amount of relief and articulation throughout the structure's north facade. December 5, 2017 - Page 434 0 Rediker: Referencing the review criteria, he asked if the applicant will argue that any of the criteria are not applicable to the proposal. Mauriello stated that he does not anticipate any such requests, except in regards to phasing and workable plan because the project will be built in one phase. Rediker asked for clarification as to the number of stories above the parking garage. Mauriello stated that it is 4.5 stories above the existing parking garage. Hopkins: Asked the height of the existing garage above the existing sidewalk. Hentschel responded that it is approximately 6.5'. Hopkins asked if this was consistent throughout the project. Hentschel stated that they will provide the information at the next meeting. Gillette: Asked to see where the 48' maximum building height line would be located on the building. Rediker: Asked for the elevation of the highest point of the building. Mauriello stated that it is 8,281.9'. Asked for comparison of the absolute elevations of other tall buildings in Vail. Gillette: Asked to see the elevations that compare the previous submission to the current submission. Stockmar: Asked for views from the eastbound side of the highway. Rediker: Asked if the applicant has had contact with Public Works regarding the impact of the sun/shade analysis on the sidewalk and South Frontage Road. Mauriello stated that Public Works has asked that the sidewalk be heated. Asked about the proposed loading and delivery areas. Mauriello responded that at the request of the Fire Department, the area at the northeast section of the site that was previously identified as a fire staging area will now be used as a loading zone and the fire staging area will be located elsewhere. Spence added that Public Works has requested that the sidewalk be relocated and that the Vail Village Master Plan calls for landscaping in the front setback where the proposed loading zone is located. Gillette: Asked where the trash receptacles will be located. Mauriello stated that trash storage will be interior. Rediker: Asked for more information about the easement located at the northeast corner of the site. Hopkins: Asked for clarification on the proposed parking. Mauriello stated that the proposed parking spaces comply with Town Code. Kurz asked if this accounts for the locating of mechanical equipment within the garage. Mauriello affirmed. Rediker: Asked about the applicant's level of correspondence with owners of units 4 and 7 of the Tyrolean. Mauriello stated that he did not know. December 5, 2017 - Page 435 0 Asked about the landscape plan for the site. Mauriello stated that there will be extensive landscaping along the front setback as well as the other edges of the building. Kurz: Asked staff about the public benefits and if there are mechanics in place to ensure that what may be approved is what is built and that it comply with the established regulations. Ruther stated that there will be incentive for the properties to be rented, and that processes are in place to verify proper occupancy of the EHUs. Gillette: Asked how many square feet would be lost if the top two levels were removed. Mauriello stated approximately 10,000 square feet. Public Comment Steve Lindstrom: Representing VLHA, stated his support for the project and finds that it meets the goals of the housing plan. Wendy Weigler: As the attorney for the Tyrolean Condominium Association, wanted to ensure that the PEC received a letter she sent and made herself available for questions. Rediker: Asked about the applicant's statement that a deal was being made with one of the condo owners. Weigler stated that the opinion of one owner does not constitute the opinion of the entire HOA board. Ron Byrne: Attempted to provide public comment. Spence pointed out that Byrne is a member of the applicant team. Byrne was allowed to proceed with his comment. He stated that he is not biased regarding this project. He provided a history of the existing parking garage and stated that a lot of thought about the future redevelopment of the site was considered at the time of construction. Rediker asked Byrne's relation to the development team. Byrne stated he is not a member of the team, but owns the underlying property. Stockmar: Stated that the interior corridor still requires changes. Stated that he understands the economic argument and that the proposal addresses some of the Town's needs, but stated that the proposal would work in other parts of the Town, but not in this particular location. He feels there are still issues to be addressed. Gillette: Stated that he has not changed his opinion since the last meeting. He would like to see more variation in the roof, more reduction in height near the Tyrolean, and would like to see additional information and exhibits regarding the proposed height versus the maximum allowed height in the underlying zoning district. Added that he values EHUs more than hot beds. Kurz: Stated he does not have an issue with the height and massing of the building, but hopes the design of the roofline can be approved. He feels the mix of uses is appropriate and will benefit the Town. He feels that there is an obligation to be as fair as possible to the Tyrolean and that they can reach consent. December 5, 2017 - Page 436 0 Hopkins: Concerned about the height and mass of the structure. The structure is blocky and will be visually dominant when arriving in Vail Village from the east. Believes that there needs to be more variety in roofline and other elements. Added that she believes the EHUs can be reduced in size and still be desirable. A major problem with the building height is that it is being added to an existing platform. Lockman: Agreed with Commissioner Gillette's comments that more accurate and detailed building height exhibits are necessary. Stated that the building height is the biggest challenge towards approval and more information is necessary. Is concerned about the criteria regarding compatibility with adjacent properties. Disagrees with the suggestion to snowmelt the sidewalk. Rediker: Agrees with Commissioners Hopkins and Lockman that the building height is a concern. Is concerned with the overall bulk and mass of the building, especially in relation to the existing building on the property. Emphasized the need to address the compatibility regarding design features, compatibility, landscaping, and parking and loading. Agrees with Commissioner Lockman that the sidewalk should not be snow melted. Is most concerned with the compatibility to adjacent neighbors. Agrees with Commissioner Hopkins that the style may not be consistent with Vail's character. Gillette: Pointed out that the Vail Village Master Plan discussed the redevelopment of the parking lot area with a four story building. 4. A request for the review of two (2) variances in accordance with the provisions of Section 12-17, Variances, Vail Town Code. These variances include: (1) a variance from Section 12-6F-6 Setbacks, Vail Town Code, to allow for construction of an addition with a fourteen foot (14') rear setback where twenty feet (20') is required; and (2) a request for the review of a variance from Section 14-10-4-B Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, to allow a deck within five feet (5') of grade with a three foot, nine inch (3',9") setback where ten feet (10') is required, located at 4718 Meadow Drive Unit B-4, Bighorn Townhouses Subdivision, and setting forth details in regard thereto. (PEC17-0011) Applicant: Sharon M Bernardo Trust, represented by GPSLArchitects Planner: Jonathan Spence Motion: Approve, with Two Conditions First: Lockman Second: Gillette Vote: 6-0-0 1. The applicant shall revise the plans prior to building permit submittal to demonstrate a five foot (5') setback for all proposed improvements including, but not limited to, the deck stairs and hot tub. 2. Approval of these variances is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Spence introduced the project and described the nature and degree of the requested variances. The building was originally constructed under Eagle County jurisdiction. Spence pointed out the unique property line that was established as part of the original approval. Staff requests that the hot tub be setback 5' from the property line so that the property is not receiving a special privilege. December 5, 2017 - Page 437 0 Henry Pratt, owner's representative, stated that the applicant agrees to the requested 5' setback for the hot tub and made himself available for questions. Stockmar: Is familiar with platting issues that were brought in during annexation of many parts of East Vail. The remaining commissioners concurred with staff's recommendations and did not provide additional comments or concerns. Rediker: Stated that he feels all criteria for a variance have been satisfied. 5. A request for review of a Variance, pursuant to Section 12-7B-16,Landscaping and Site Development, Vail Town Code, to allow for a reduction in landscape area, located at 231 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC17-0009) Applicant: Gasthof Gramshammer Inc, represented by Gies Architects Planner: Matt Panfil Motion: Table to June 12, 2017 First: Kurz Second: Gillette Vote: 6-0-0 Panfil introduced the application. Code requires no net reduction in landscaping. He displayed the previously approved plans that showed the approved location of landscaping. Applicant is proposing to remove some of the landscaping planters as previously approved. Applicant would like to add some landscaping planters and vertical planters on the building walls, instead of approved planters. Also, near the beer tent, some additional landscaping is proposed where existing stairs are located (stairs are not used.) Hopkins — Can planters be added on Town of Vail property? Panfil indicated that it might be possible, but preference is to be on applicant's property. Not sure if Public Works would entertain the idea of off site landscaping. Rediker — In 2016, was there a reduction in landscaping? (Panfil indicated no.) There was some increase in landscaping, and should be built per the approved plan. Rediker — Was it 23 sq. ft. of net new landscaping originally proposed? (Panfil indicated it was approximately that amount.) Rediker — The net reduction is about 70 sq. ft. from what was approved in 2016, is that right? Gillette- What is the net reduction from what was previously there? (Panfil — 26 sq. ft. net reduction.) Stockmar — What is a vertical planter? Russell Geis, Geis Architects — Vertical planters are a series of planters along the wall, fixed to the building. Flowers would be planted in these. Stockmar — Seems like a trivial compromise. December 5, 2017 - Page 438 0 Geis — We are trying to add landscaping without impacting functionality of the site. Before we did the remodel work, there was an 8x10 planter with a scraggly tree near the new exit door. That planter never enhanced anything. It was a cigarette butt disposal place. We are not reducing the quality of the look on Bridge Street by removing that planter. Amount of flowers planted by Mrs. Gramshammer is not shown in these plans. This is one of the most photographed corners in Vail. Planter in front of the sliding doors does not line up with anything. Piece (of landscaping) near Pepi's Sports is just enough to meet what is needed. We still want to create a beautiful look on the Bridge Street side. Gillette — How big is the planter by the slider doors? Geis — about 18 inches deep. Hopkins — I have worked in the Village for years. Sheika does the most beautiful flowers. Why not add some removable planters along the slider doors? Sheika Gramshammer — When I received a permit to expand the bar, it makes the bar more open. To get the permit, I had to compromise with DRB to put in the planter. Previously we did not have a good emergency exit. Flowers would not grow under the tree that was removed. We can't put in the planters because in winter we have ski racks and in summer we have bicycle racks. A compromise is moveable planters, instead of permanent planters. Trust me, it will be beautiful. Gillette — Will the flower boxes be on the railings? Sheika Gramshammer — This past summer, the flower boxes on the railings were abused. In 1964 we were the first to have flower boxes. It costs me a lot of money each year to plant the flowers. Don't want a permanent planter. Rediker — Why did you agree to a permanent planter a year ago? Gramshammer — My daughter wanted to update the bar. It was hard for Pepi to see the bar changed. We did not think much about the planters. Rediker — Is that the problem, having ski racks that narrow Bridge Street? Gramshammer — Not only our customers use the ski racks. Everybody uses the ski racks. Rediker — You knew before we approved the plans that the planter boxes needed to be there, right? Gramshammer — No. We did not take it seriously. Rediker — Agree that your flowers are beautiful. We were trying to make this area beautiful too. Is there a compromise? Gramshammer — We would have to put the ski racks and bike racks on Town of Vail property. They said no, due to emergency access. Panfil displayed images of the approved plans. December 5, 2017 - Page 439 0 Rediker — Can bike racks be located between the approved planter (at Pepi's Sports) and the entrance? Gillette — Landscaping benefits everyone. If you walk down the street, not everyone has landscaping in front of their building. Let's talk to Town of Vail to find places to increase landscaping off site. Stockmar — Significant difference between stone planters and moveable planters. Gramshammer — I will work with you if you work with me. I don't like the permanent planters. If I have something that can move, the only thing you will miss is the yellow flowers. If I can make an assortment of planters Rediker — How many ski racks in the winter are in front of the business? Gramshammer — Three ski racks Rediker — If planters are installed where they were approved, would the ski racks be pushed more toward the Town right-of-way? Panfil — Don't want to speak for Public Works. Hopkins — Town of Vail has huge planter pots all over Vail. Gillette — We should explore a Developer Improvement Agreement to require planters to be installed with flowers for a certain number of years. Gramshammer handed out a photo of Gorsuch Building, showing some planters that are no longer there. Public Comment — None Lockman — I feel this issue should have been addressed when the application was approved last year. We approved this application with landscaping, and that needs to be provided. I see no practical hardship. Hopkins — Think there are a lot of moving parts to the Village. There are all sorts of ways to create the same effect. This calls for something more mobile. There are lots of options in the Village. Pots help accomplish this in one way. Kurz — Split between staying with the decision made when this project was approved. Would like to consider approval of the planters for a year, to get some planters on that side of the building. Gillette — I understand why we do not want a reduction of landscaping in the core. Burden is on owners that have on site landscaping to keep it. Not sure why landscaping has to be on private property. If we can get landscaping back to what was there before the remodel, let's work with Town to find a place to put it on the south side, on Town property. December 5, 2017 - Page 440 0 Stockmar — The street is so narrow in winter. If we add something permanent, it's more of a problem. Give us a chance to see what works for the first year, and then come back to us for review. This is an opportunity to add landscaping. Memorialize somehow and review in a year or two; something that can be adjusted and changed. Rediker — Could applicant request moveable, temporary planters? Neubecker — Raised planters are not landscaping per the code. PEC could approve a site plan that shows planters, and that could be enforceable. Planters in pots would also need to be approved by the DRB. Rediker — Will not put off potential ways to make a compromise. Options are to approve, deny or continue. Is the applicant willing to come back at the next meeting with a site plan showing location of the planters? 6. Approval of Minutes May 8, 2017 PEC Meeting Results Motion: Approve First: Stockmar Second: Kurz Vote: 6-0-0 7. Informational Update A Brief presentation and discussion by Carly Rietmann, Healthy Aging Program Supervisor on Eagle County's Aging Well Community Planning Initiative. Carly Rietmann, of Eagle County, provided a PowerPoint presentation regarding the County's Aging Well Community Planning Initiative. Eagle County has the fastest growing population of adults 65+ in Colorado's Rural Resort Region. The number of adults 65+ in Eagle County will quadruple by 2050. Meghan King, of Eagle County, discussed the priority areas for the initiative. Priorities that prompted the creation of action teams include healthcare, connection to resources, housing, and social and community engagement. King also discussed the Plan4Health project's relation to the aging initiative. Rietmann reviewed the next steps for the initiative, which include working the initiative into community projects. Lori Barnes discussed coordinated events planned in the future. 8. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. December 5, 2017 - Page 441 0 TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 22, 2017 SUBJECT: A request for a recommendation to the Vail Town Council on an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 7 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC,represented by Mauriello Planning Group Planner: Jonathan Spence I. SUMMARY This is the second worksession with the Planning and Environmental Commission (PEC). The applicant has submitted revised plans that alter the proposed unit mix and include modifications to the building. These revisions are described in detail in the attached memo from the applicant, dated May 15, 2017 and included as Attachment B. The information in this memo has been updated to reflect these changes. It is the applicant's intent to submit a second revision prior to the June 12, 2017 PEC meeting, where a request for a recommendation to the Town Council will be made. The discussion items included in Section VIII have been modified as a result of the Commission's feedback at the first worksession and the revised submittal to encourage dialogue on key issues. The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 7 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff has received correspondence from members or groups within the community related to this application. This correspondence has been included as Attachment F. December 5, 2017 - Page 442 0 Process The process to establish a new special development district (SDD) begins with a pre - application meeting with staff to discuss the goals of the proposed SDD and the relationship of the proposal to the Town's Comprehensive Plan. Next, the Planning and Environmental Commission (PEC) conducts an initial review of the proposed development in which they can recommend approval of the proposal as requested, recommend approval with modifications, or may recommend denial of the proposal. Finally, the Town Council (TC) reviews the PEC's findings and recommendation. The Town Council shall consider the PEC's recommendation, but is not bound by the recommendation in reaching their decision to approve, approve with modification, or deny the proposal. Timeline The applicant has submitted a project review timeline indicating their preference that this meeting functions as follow-up worksession to the project for the PEC. The applicant's projected timeline* is as follows: • 4/24 PEC Worksession • 5/17 DRB Conceptual Review • 5/22 PEC Worksession • 6/7 DRB Conceptual Review • 6/12 PEC Public Hearing (recommendation to TC) • 6/20 TC First Reading/Worksession • 7/18 TC First Reading or Second Reading • 7/19 DRB conceptual • 8/1 TC Final Hearing/Second Reading • 8/16 DRB Final Approval * The above timeline is only an estimate by the applicant and is subject to change. Based upon the applicant's submitted timeline and the preliminary nature of this meeting, the Community Development Department recommends the PEC continues PEC17-0006 to the June 12, 2017 Planning and Environmental Commission meeting in order to address concerns raised by staff and for the applicant to provide detailed responses to anticipated questions from Commissioners and the general public. II. DESCRIPTION OF REQUEST The applicant, Lunar Vail, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 7 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Town of Vail Page 2 December 5, 2017 - Page 443 0 Schedule • PEC Meeting April 24th - worksession • DRB Meeting May 17th - conceptual • PEC Meeting May 22nd - worksession • PEC Meeting June 12th - final recommendation December 5, 2017 - Page 444 of 567 TOWN Of UAIL 1. Call to Order PLANNING AND ENVIRONMENTAL COMMISSION June12,2017, 11:00AM Vail Town Council Chambers 75S. FrontageRoad-Vail, Colorado, 81657 Members Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, John -Ryan Lockman, John Rediker, Karen Perez and Brian Stockmar Members Absent: None Site Visits: a. Jackson Residence — 2475 Garmisch Drive b. Manchester Residence — 2794 Snowberry Drive c. Mellgren Residence — 4112 Spruce Way 2. A request for review of a Variance, pursuant to Section 12-7B-16, Landscaping and Site Development, Vail Town Code, to allow for a reduction in landscape area, located at 231 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC17-0009) Applicant: Gasthof Gramshammer Inc., represented by Gies Architects Planner: Matt Panfil Motion: Table to June 26, 2017 First: Gillette Second: Stockmar Vote: 5-2-0 (Rediker/Perez opposed) Planner Panfil relayed to the board the applicant's desire for this item to be continued to the next meeting. Russel Geis, representing the applicant, explained the process and timing for the project and the plan moving forward, necessitating the request for a continuance. Commissioner Stockmar requested clarification in regard to the recently installed bike racks. Stockmar reiterated his earlier concerns. Gillette would prefer permanent planters but is ok with moveable containers. Kurz agrees with Gillette Perez agrees with Gillette Hopkins voiced her support of the temporary planters. Lockman would prefer to see what was originally proposed, but is open to alternatives. Rediker is disappointed with applicants desire not to do what was originally proposed. Would support going forward today but recognizes others may support a continuance. 3. A request for a final review of a variance from Section 14-10-4-B, Architectural December 5, 2017 - Page 445 0 Projections, Decks, Balconies, Steps, Bay Windows, etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow for the replacement of a nonconforming deck with a proposed side setback of one foot, nine inches (1'9") where a fifteen foot (15') setback is required and a proposed rear setback of twelve feet (12') where fifteen feet (15') setback is also required, located at 4112 Spruce Way/Lot 2, Block 8, Bighorn Subdivision 3rd Addition, and setting forth details in regard thereto. (PEC17-0013) Applicant: Anders Folke & Anna Maria Mellgren Planner: Jonathan Spence Motion: Approve, with Conditions First: Kurz Second: Perez Vote: 7-0-0 Conditions: 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The applicant shall clearly demonstrate to planning staff prior to requesting a final planning inspection that the improvement has been constructed per plan. Spence introduced the project to the PEC. The existing deck is a safety hazard. The proposed deck will be one foot (1') from the side property line and will maintain a twelve foot (12') rear setback. The size of the lot essentially requires a variance for any improvement. Gillette: Have the neighbors been notified? Spence confirmed in the affirmative. Mike Connolley, representing the applicant, described the need the replace the deck. There was no public comment. Stockmar: Based on the site visit and photographs, this is clearly a safety issue. Supports the requested variance. All the remaining Commissioners agreed with Stockmar's comments. 4. A request for a final review of a variance from Section 14-10-4-B, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5') above ground level a four and six -tenths foot (4.6') setback where a ten foot (10') setback is required, located at 2475 Garmisch Drive, Unit 1 / Lot 5 & 6, Block H, Vail Das Schone Filing 2, and setting forth details in regard thereto. (PEC 17-0014) Applicant: Dominique & Christiane J ackson Planner: Matt Panfil Motion: Approve with Conditions First: Lockman Second: Kurz Conditions: Vote: 7-0-0 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal; and December 5, 2017 - Page 446 0 2. The applicant shall clearly demonstrate to planning staff prior to requesting a final planning inspection that the improvement has been constructed per plan. Planner Panfil introduced the project and the requested variance. Dominique Jackson, applicant, provided a rationale for the requested proposal. Existing deck is too small, a safety issue at the top of the stairs. Stockmar asked if the deck is proposed to be used as a BBQ deck. Jackson explained that gas grills are permitted at the property. Stockmar asked if would be cantilevered or supported with posts. Panfil showed that the deck with be cantilevered. Lockman asked why the existing stairs are so narrow. Jackson said that was what was built. Panfil explained that wider stairs would also be permitted. Panfil explained that if cantilever is not possible then posts would be needed. Jackson further explained the plan. Public Comment - None Commissioner Comment Lockman -Recognizes the practical difficulty and supports the request, pointing to the safety concern. Hopkins -Agrees with Lockman Perez - Agrees with Lockman Kurz also agrees and supports the staff memorandum Gillette agrees Stockmar agrees Rediker agrees with staff's analysis. 5. A request for a final review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 7, Variances, Vail Town Code, to allow for retaining walls with height in excess of three feet (3') within the twenty foot (20') front setback, located at 2794 Snowberry Drive/Lot 16, Block 9, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC17-0020) Applicant: Gary & Jeane Manchester Planner: Jonathan Spence December 5, 2017 - Page 447 0 Motion: Approve, with Conditions First: Lockman Second: Kurz Vote: 7-0-0 Conditions: 1. No proposed retaining wall shall exceed a height of six feet (6). 2. The applicant shall obtain a right-of-way (ROW) permit prior to commencing work and a Revocable ROW permit for all private improvements located on public property. 3. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Spence introduced the project and described the requested variance. Due to the steep slope of the lot, if the applicant were to propose a garage within the front setback, the variance would not be required. However, due to the unique topography of the site, it would be inappropriate to locate the garage in the front setback. Staff supports the requested variance. Seth Bossung of Intention Architecture provided a presentation and summarized the site plan design. Kurz: Asked if the retaining walls were boulders or concrete. Bossung responded that all walls are engineered boulder retaining walls. Lockman: Believes it is a creative site plan that addresses complex grading issues. All other Commissioners agreed. Rediker added that it is a unique site and relief is necessary. 6. A request for a recommendation to the Vail Town Council of an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Motion: Approve, with Conditions First: Stockmar Second: Kurz Vote: 4-3-0 (Rediker, Gillette, and Perez Opposed) Conditions: 1. Approval of Special Development District No. 42, Vail Mountain View Residences, is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. Although building mass and scale and relationship to adjacent properties is largely determined through the PEC review, the DRB shall have the flexibility to require changes to the buildings articulation, building stepbacks and stepdowns that will not affect overall December 5, 2017 - Page 448 0 height but may result in changes to the building's perceived mass and scale, in order to create an architecturally unified structure, with unified site development, that is compatible with existing structures and its surroundings; 2. The applicant shall work with Town of Vail staff to increase the robustness of the proposed landscaping, including an increase in the number and size of the new plantings, prior to submittal of an application for review before the Design Review Board;; 3. Prior to submittal of a Design Review Board application, the applicant shall provide Town of Vail staff with information for review and approval concerning the proposed operation and configuration of the loading space. If it is determined by staff that the operation poses too great a conflict with the adjacent pedestrian walkway, an alternative location/operation shall be proposed for review and approval by staff; 4. Prior to the issuance of a certificate of occupancy, the applicant shall cause to be recorded with the Eagle County Clerk, in a format approved by the Town attorney, a pedestrian easement for the paved path and stairs from the South Frontage Road right-of-way to the Town of Vail recreational path; 5. Prior to issuance of any certificate of occupancy, the applicant shall construct a continuous 10' wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost driveway that is shared by Mountain View and Apollo Park. The walk alignment, Option A or 8, shall be approved by the Town of Vail Public Works Department prior to its construction, and shall be designed in conjunction with the ongoing conceptual design of the South Frontage Road improvements in this area as a part of the Vail Transportation Master Plan Update; 6. Prior to issuance of any certificate of occupancy, the applicant shall install a snowmelt system within the above mentioned sidewalk along South Frontage Road and shall enter into the standard snowmelt agreement with the Town of Vail. The applicant shall be responsible for providing the heat source, and the on-going maintenance of the sidewalk and snowmelt system; 7. Prior to issuance of a building permit, the applicant shall update the Traffic study (March 14, 2017) and Turn lane study April 19, 2017) to include any change of units and/or density. This study shall include the net new development PM peak hour generated trips. The applicant shall implement any changes required as a result of the updated studies as approved by the Town of Vail; December 5, 2017 - Page 449 0 8. Prior to issuance of a building permit, the applicant shall pay the Town of Vail Traffic Mitigation Fees for the net new increase in development traffic. The total fee shall be updated based on the updated traffic study. This fee was $6500 in 2005; this fee shall be appropriately increased due to construction cost inflation, and in coordination with the on-going Vail Transportation Impact Fee Study, and for this approval be set at $11,200 per net new development PM peak hour trip, based on the net new 12 Dwelling Units, 15 Lock -Offs, 10 EHU's, and 19 Accommodation Units; 9. Prior to issuance of a building permit, the applicant shall provide a construction staging plan and parking plan showing how the construction of this site will not impact town parking or adjacent properties; 10. Prior to issuance of a building permit, the applicant shall engage Art in Public Places Board on the determination of an acceptable public art installation with a minimum value of $50, 000.00; 11. Prior to the issuance of a building permit, the applicant shall pay the recreational amenities tax, as required by Section 12-9A-11 of the Vail Town Code; 12. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type 111 Employee Housing Units; and 13. Prior to submitting any building permit application, the applicant shall submit approval from the Colorado Department of Transportation (CDOT) related to all proposed work within the CDOT right -of way. Spence summarized the previous two meetings and the proposed changes that have occurred since the last presentation to the PEC on May 22, 2017. Most of the previous comments were related to the building's bulk, height, mass, public benefit, and relationship to Phase I of the development. The applicant has included a revised north elevation. Staff has provided conditions that would make the project compliant with the approval criteria. The applicant, represented by Dominic Mauriello, MPG Inc., provided a PowerPoint presentation to the PEC. Mauriello reviewed the project timeline. He described the changes in unit count that have occurred through the PEC review process. He summarized the aspects of the project which the applicant believes are public benefits. The deviations from the code associated with the project include: east side setback, building height, density, site coverage, and loading in the front setback. Will Hentschel, Architect of 359 Design, discussed the architectural design changes that have occurred throughout the PEC review process. Hentschel discussed the compatibility of the proposed elevations with Phase I. Similar features between the two phases include: top floor dormers, exposed timber and other parts of the structure, battered columns, and railings. Other changes include the replacement of the previously proposed metal panels with a stucco finish. The building follows the traditional base -middle -top composition. December 5, 2017 - Page 450 0 Hentschel introduced an elevation of the south fagade. Mauriello continued his presentation by discussing the impact of the structure and side setback encroachment on the adjacent Tyrolean building. He then described the changes that have been made to the north elevation. Mauriello then provided responses to each of the SDD approval criteria. Referencing images of the adjacent properties, he emphasized that the proposal is compatible with the surrounding area. He then discussed the relationship between uses and programming of the proposal and adjacent uses. The density of the proposal and adjacent properties was compared. Mauriello stated that the proposal complies with the Town's parking requirements. He discussed the two possibilities for a loading space. Gillette asked for clarification as to the Town's loading space requirements. Mauriello summarized the ways in which the applicant believes the proposal complies with the Town's comprehensive plan and other planning documents. There are no natural or geological hazards on the site. The plan complies with minimum landscape requirements. The proposal is not generating additional traffic and there are no improvements required. Mauriello discussed the two different options available for the location of the proposed sidewalk. He stated that the project will be completed in one phase with an anticipated short construction time. He concluded his presentation by referencing a slide that depicted increased hallway undulation. Spence indicated that Tom Kassmel of Public Works was available for questions and stated that there are two letters distributed at the beginning of the meeting that were received after the PEC packets were distributed. Perez: Asked for clarification regarding the number of employee housing units (EHUs) associated with the project. Spence clarified that there are 10 EHUs proposed, not 9 as stated on page 11 of the Staff Memo. Hopkins: Asked Mauriello for further explanation of the height exhibits. Rediker: Asked Spence if there was concern in approving the SDD without specific terms for height and other standards. Spence indicated that the data in the table on pages 11 and 12 of the staff report are the maximums that will be reviewed by the Town Council. Lockman:Asked Spence for clarification on one of the recommended conditions of approval regarding heating the sidewalk. Spence stated that the applicant has agreed to purchase renewable energy credits to offset the cost of heating the sidewalk. Kassmel: Stated that common practice has been to provide heated sidewalks where tall buildings shade the sidewalks, and cited Four Seasons and The Sebastian as examples. Perez: Asked Kassmel about the impact of the loading zone in its proposed location. Kassmel stated that it is not an ideal location and they do not typically allow loading on a public walkway. Lockman:Asked for clarification on the traffic impact fee. Kassmel stated that CDOT has agreed that there is no net new traffic generated by the project. However, proposed uses on the site will generate additional traffic which may have some broader impact on the system. December 5, 2017 - Page 451 0 Rediker: Asked how the sidewalk Options A or B will be determined. Kassmel stated that his team is conducting an ongoing review of both options. Option B may be further off in terms of time, but they want to ensure that it is a viable option for the future. Kassmel stated his preference that the sidewalk be located in order to accommodate Option B in the future. Public Comment - Chris Romer, President and CEO of Vail Valley Partnership (VVP), stated WP supports the project and feels that the height, density, and other deviations are worth the public benefits. Rick Smith, Vail Valley Medical Center (VVMC), stated that his group supports the project because it contains EHUs and VVMC anticipates a strong demand for housing. The project will be a recruiting tool for VVMC. Stan Cope, management of Vail Valley Lodge, stated his support for the project. He believes the tradeoff between height and public benefits is worth it. Molly Murphy, Vail Local Housing Authority (VLHA), stated the group's support of the project. They believe the lockoffs are an asset to the project. Steve Lindstrom, VLHA, restated that the group supports the project. The applicant is not asking for financial assistance from the community. Believes it is a good location for resident housing. Tom Saalfeld, managing agent of the Tyrolean, stated his opposition to the project. Concerns include: impact on their view and the height of the building. Stockmar asked Tom Saalfeld if there would be any difference if the building were only 48' tall. Tom Saalfeld responded that the overall size of the building is too big and far exceeds the amount of Gross Residential Floor Area (GRFA) allowed. The owners of the Tyrolean were aware of the surrounding zoning, but did not anticipate an SDD. Tom Saalfeld asked if the EHUs were going to be truly affordable. Jeff Morgan stated his support for the project. He stated he works with Chris Romer and they both agree that the building will provide an aesthetic buffer from the highway. Stockmar: The project seems to comply with the SDD review criteria. While understanding the view of those who oppose the project, he believes there is a large public benefit to this project and therefore supports the project. Gillette: Believes the Tyrolean will lose their view regardless of a building height deviation, but does believe that as proposed, the structure negatively impacts the Tyrolean's access to light and air and would like to see that problem addressed. Lockman: Believes that deviations should not be granted strictly based on the provision of EHUs, even though they are very important to the Town. All criteria must be reviewed based on the context of the site. He has an issue with the overall compatibility based on scale, but it is consistent with the Town's various planning documents. He feels there have been improvements to the design over the course of the review and can support the project. Hopkins: Agreed with Lockman. Asked if there was a way to guarantee a price range for EHUs and lockoffs. Spence responded that the limitation is based on occupancy restrictions only. Hopkins stated that she feels the design has improved, but is also worried about the impact on the Tyrolean's access to light and air. December 5, 2017 - Page 452 0 Perez: Stated that she does not believe the proposal meets the compatibility criteria. Does not believe the benefit of the EHUs offsets the deviations requested. Feels the design has improved throughout the process, but is not ready to support the project. Kurz: Stated that while the building is large in regards to bulk and mass, it is located in an area which can accommodate its size. Design changes have helped address the perceived bulk and mass concerns. The public benefits outweigh any negative impacts. Lockman:Suggested the traffic impact study be reexamined. Also, he believes that a heated sidewalk should not be required due to its negative impact on the environment. Gillette: Agreed with Lockman regarding the heated sidewalk. Rediker: Acknowledged that there are a lot of positives associated with the proposal, including the EHUs and additional "hot beds." Disagrees with some of the applicant's arguments regarding compatibility of the project with surrounding area. The project does comply with some objectives of the comprehensive plan, but feels the bulk and mass is far beyond anything anticipated for the site. Also believes the project does not comply with Criteria #2 based on the excessive density of the site. Finally, believes that Criteria #3 has not been met and that the building does not complement the design of the surrounding area or Vail in general. 7. A request for final review of an amendment to a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, pursuant to Title 12, Chapter 16, Vail Town Code, for an existing healthcare facility, amending the development plan to allow for the reconstruction of the east wing, including healthcare facilities, ambulance district facilities, heliport building and associated structured parking located at 180 South Frontage Road West (Vail Valley Medical Center)/Lots E, F and 2E, Vail Village Second Filing, and Lot 2E-1, Block 1, Vail Lionshead Filing 1. (PEC17-0022) Applicant: Vail Valley Medical Center Planner: Jonathan Spence Motion: Continue to July 10, 2017 First: Perez Second: Stockmar Vote: 7-0-0 Spence introduced the topic. This presentation will include an introduction and overview of the master plan for VVMC. Tom Braun will describe the approach that staff and the applicant will be taking for this project. Tom Braun, Braun Associates, representing the VVMC — Introduced some members of the design and applicant team The East Wing is the east end of the campus, near the current parking structure. New medical facilities and heliport will be included. At least 4 members of the PEC were not on this board or Council when the VVMC master plan was approved. We anticipate four more PEC meetings on this topic. Three applications (including Conditional Use for medical care facility and heliport), a rezoning application and subdivision application as well. Medical Professional Building (US Bank building) is also in the master plan boundary. Braun reviewed the parcels, including the land that will be acquired from the Evergreen Lodge. Future meetings with PEC are anticipated June 26, July 10, July 24 and August 10 or 24 of 2017. Master plan in 2014 and 2015 laid the groundwork for this development. Major goal was to keep medical center in Vail. Plan considers internal drivers (hospital needs) and external drivers (Town and community goals). Decompression, finding more space for existing uses, is one goal; relieve crowded conditions. Intention is not to increase number of patients, but to improve operations and comfort. He described the programming December 5, 2017 - Page 453 0 in the East Wing. Net gain 110,000 sq. ft. is proposed. Minimizing traffic on West Meadow Drive was a major goal, by relocating front entry to S. Frontage Road. Rediker — Is parking access changed from the original plan? Braun — Yes, it has changed. Gillette — Was there shared access planned with Evergreen Lodge? Braun — Yes, but that is not in this plan. Stockmar — Has the Stedman Clinic moved? Braun — Yes, to the West Wing. Braun continued to describe the new medical center, arrival experience, and heliport. New heliport location will reduce time and distance between emergency room and heliport. He discussed the parking needs, and general transportation management, including employees taking buses and shuttles to bring workers to medical center. About 197 additional on-site parking spaces are planned. About 605 total parking spaces planned on-site. Loading and delivery was discussed; all will be enclosed. Pedestrian circulation will include a north -south connection along east side of new building. He discussed the land exchange with Evergreen Lodge. Future needs and expansion space will be provided in the helipad building. This space is not programmed. Extra space may allow a location for uses in the medical professional building (US Bank) during redevelopment. Rediker — Is a roundabout planned near the Municipal Centre and VVMC? Spence — On July 10, Tom Kassmel, Town Engineer, will attend the PEC meting to describe future road improvements. Nate Savage, Davis Partnership, Architect — Showed 3D images of the architecture. Materials and design elements will be similar to the central wing. Lobby will be open with mountain views. Public pedestrian access will be available from Meadow Drive. Loading bays will allow trucks to drive in, turn -around inside, and pull out of separate garage door. Gillette — Is the elevator tower two stories above the main building? Savage — That is the elevator tower overrun that you are seeing. Helipad tower needs to be at a set height, based on flight patterns and safety. Braun — Described the flight pattern for helicopter flights. Gillette — What design guidelines are used to review the helipad? Braun — The site is not in the Village, and not in Lionshead, so the Town's standard design review process will be used. Savage - Level 2 will have sleeping quarters; level 3 will have internal conference space. Rediker — It will be helpful to see the presentation on flight paths. Last year there was a Flight For Life accident in Frisco. What designs are provided to plan for accidents? Braun — Defer a response until the helicopter expert is here. December 5, 2017 - Page 454 0 Kurz — Please show secondary entrance on Meadow Drive. There is no parking associated with that? Savage — The south entry is design for pedestrians and bus users. Hopkins — Can that entry be design to look more like an entry? Savage — Yes, but we have limits with the property line. Rediker — Please plan to discuss what happens if the Evergreen Lodge redevelopment does not more forward, and impacts to Evergreen guests. Braun — An aviation easement is planned for a small area over the Evergreen Lodge. Rest of the Evergreen site could be built to maximum allowed height. Rediker — Any connection planned to the medical office building? Braun — That was discussed, but too expensive to build an elevated walkway. Kurz — What happens if land exchange does not happen? Braun — This plan depends on the land exchange to happen. Stockmar — How are you financing this project? Are you protected from an economic downturn? Doris Kirchner, VVMC President and CEO — Over past 10 years we have had savings and $75 million capital campaign, We have raised $42 million so far. Kurz — Are you accelerating the schedule? Kirchner- We are on schedule. Our plan is to finish by Fall 2020 Chris Knight, Project One, Project Manager — Goal is Fall 2020 for parking structure occupancy. Kurz — Have used the facility more that I want to over past several months. Congratulations on how you have managed traffic and circulation during construction. Thank you for your efforts. 8. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a resubdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1, Vail Village Second Filing, located at 180 South Frontage Road West/ Lot F, Vail Village Second Filing, and setting forth details in regard thereto. (PEC17-0016) Applicant: Vail Valley Medical Center Planner: Jonathan Spence Motion: Table to June 26, 2017 First: Kurz Second: Stockmar Vote: 7-0 9. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a resubdivision of Lot 2W, Block 1, Vail Lionshead Second Filing, and the creation of Lot 2E-1, Block 1, Vail Lionshead Second Filing, located at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Second Filing, and December 5, 2017 - Page 455 0 setting forth details in regard thereto. (PEC17-0018) Applicant: Vail Valley Medical Center Planner: Jonathan Spence Motion: Table to June 26, 2017 First: Kurz Second: Stockmar Vote: 7-0 10. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lot 2E, Vail Village Second Filing and Lot 2E-1, Block 1, Vail Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and a rezoning of Lot F-1, Vail Village Second Filing from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Second Filing and Vail Village Second Filing, and setting forth details in regard thereto. (PEC17-0015) Applicant: Vail Valley Medical Center Planner: Jonathan Spence Motion: Table to June 26, 2017 First: Kurz Second: Stockmar Vote: 7-0 11. A request for a recommendation to the Vail Town Council for an amendment to Section 12-10-19 Core Areas Identified, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing, and setting for the details in regard thereto. (PEC17-0023) Applicant: Evergreen Hotel Planner: Jonathan Spence Motion: Table to June 26, 2017 First: Kurz Second: Stockmar 12. Approval of Minutes May 22, 2017 PEC Meeting Results Motion: Approve First: Kurz Abstain) 13. Informational Update 14. Adjournment Vote: 7-0 Second: Stockmar Vote: 6-0-1 (Perez — Motion: Adjourn First: Stockmar Second: Kurz Vote: 7-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hours prior to December 5, 2017 - Page 456 0 IIeuewSchedule Process has created a better project Thankful for staff, public, PEC, and DRB input Excited to continue to work with the Town Council and DRB December 5, 2017 - Page 457 of 567 • APRIL 24: PEC WORKSESSION MAY 22: PEC WORKSESSION JUNE 12: PEC FINAL RECOMMENDATION JUNE 20 TOWN COUNCIL WORKSESSION JULY 18: TOWN COUNCIL 1ST READING AUGUST 1: TOWN COUNCIL 2ND READING From: Adrian Fernandez To: Jonathan Spence Subject: Maintain View Residences Phase II Date: Wednesday, July 26, 2017 8:02:31 PM Dear Vail Town Council: I am writing as an owner in Mountain View Residences (Phase 1) to support the proposed Mountain View Phase 2 project (a Special Development District). It was clear to me from the onset when I purchased my unit (Unit #305), it was recorded on the title that there would be a phase 2 project built on top of the existing garage. I am supportive of the project, the proposed building is well designed, high quality and fits nicely with the site. I encourage you to approve this project. Sincerely. Adrian Fernandez (Owner unit 305) December 5, 2017 - Page 458 0 Mary Anne Redmond From: Brooke Thompson Sent: Saturday, March 11, 2017 8:37 AM To: Mary Anne Redmond Subject: Fwd: Announcing VMVR Phase II Get Outlook for iOS From Sent: Saturday, March 11, 2017 7:49 AM Subject: Re: Announcing VMVR Phase!! To: Ron Byrne <ron@ronbyrne.com> Mark Kaplan Very nice, just back in Vail as of last night, good luck to you Sent from my iPad On Mar 10, 2017, at 4:49 PM, Ron Byrne <ronronb. rne.com> wrote: Dear Mark & Linda, I hope you've had the opportunity to come to Vail this winter as it has been a fabulous season. !wanted to let you know that we are currently in the planning stage of the development of Vail Mountain View Residences Phase 11. When we originally purchased the land that Vail Mountain View Residences Phase I sits on, it was always intended to be a part of a multi -phase project. The parking garage which is located to the north of your building was designed specifically for that purpose. It currently has the infrastructure to accommodate a new building above it, which was originally designed in 2007. After the downturn in the economy, the development was put on hold and we have redesigned it this year. Since the foundation already exists, this new phase can be built very quickly and with minimal impact to you. We take a great deal of pride in Vail Mountain View Residences Phase 1. In my opinion, it is one of the best projects in Vail in terms of luxury, privacy and exclusivity. We plan to develop Phase II in the same manner. The new building will be located over the north garage and will act as a large buffer for noise coming from 1-70 and the Frontage Road. It will have no impact of your views towards the ski slopes or Gore Creek. The new building has been designed to have no common areas with your building. The first and second floors will be comprised of 20 hotel suites which are across from your 3rd & 4th floors. 1 believe this will be a great benefit to you should you ever need any additional space for your guests. Each suite will include a small kitchenette, master bath with double vanities and will be graciously decorated. On the north side of the building, which is out of view to you, we will have a few high-end employee housing units. All developments in Vail now require employee housing, and our goal is to build extremely high-end housing units that will cater to working professionals. On the 3rd and 4th floors of the new building, we will have 12 new luxury residences which will be a combination of two, three and four-bedroom penthouse units. These units will be almost identical to Phase 1 in terms of layout and design. 1 December 5, 2017 - Page 459 c My partner in this endeavor is developer Peter Carlson out of Minnesota. He has extensive development experience and I have known him for over 30 years, purchasing a home from his father on Forest Road twenty years ago. Peter brings great knowledge of construction and development to the project and I think he is a great asset. Every aspect of this development, as well as the continued operation of Vail Mountain View Residences Phase I, is incredibly important to us. There will be no use of the current pool and hot tub area of Phase I by Phase II. The parking is designed with the upper garage (north door) being used for hotel suites and employee housing units with only the 12 luxury condominiums using the lower portions of the garage. Mary Anne Redmond, the Association President, has done an excellent job ensuring that the building is kept in excellent shape. We are very proud that the building consistently operates within its budgets, and has in fact built up a substantial reserve. Please feel free to contact myself or Mary Anne if you would like more details on Phase II. We will continue to keep you informed as phase II progresses. Warmest personal regards, Ron Ron Byrne, President & CEO Ron Byrne & Associates Real Estate 285 Bridge Street 1 Vail CO 81657 970-476-1987 office 970-331-8500 cell www.ronbyrne.com Ron Byrne & Associates 2016 Luxury Property Collection 2 December 5, 2017 - Page 460 0 Mary Anne Redmond From: Brooke Thompson Sent: Sunday, March 12, 2017 12:20 PM To: Mary Anne Redmond Subject: Fwd: Announcing VMVR Phase 11 Get Outlook for iOS From: Dave Keller Sent: Sunday, March 12, 2017 11:43 AM Subject: FW: Announcing VMVR Phase II To: Ron Byrne <ron@ronbyrne.com> Ron, Pam and I are excited about this news and wish you continued success. Best regards, Dave and Pam David A. Keller President Built to Last 1 Since 536 Chapel Hills Drive, Ste 150 Colorado Springs, CO 80920 Office 719.528.6977 keller#tnmes corn Click to join us on Pinterest, Facebook and Houzz! This email message is for the sole use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. From: Dave Keller Sent: Saturday, March 11, 2017 10:48 AM To: Dave Keller Subject: Fwd: Announcing VMVR Phase II Sent from my iPad Begin forwarded message: 1 December 5, 2017 - Page 461 c From: Ron Byrne <ron[Q7ronbyrne.com> Date: March 10, 2017 at 3:45:48 PM MST To: Subject: Announcing VMVR Phase 11 Dear Dave & Pam, I hope you've had the opportunity to come to Vail this winter as it has been a fabulous season. I wanted to let you know that we are currently in the planning stage of the development of Vail Mountain View Residences Phase II. When we originally purchased the land that Vail Mountain View Residences Phase I sits on, it was always intended to be a part of a multi -phase project. The parking garage which is located to the north of your building was designed specifically for that purpose. It currently has the infrastructure to accommodate a new building above it, which was originally designed in 2007. After the downturn in the economy, the development was put on hold and we have redesigned it this year. Since the foundation already exists, this new phase can be built very quickly and with minimal impact to you. We take a great deal of pride in Vail Mountain View Residences Phase I. In my opinion, it is one of the best projects in Vail in terms of luxury, privacy and exclusivity. We plan to develop Phase II in the same manner. The new building will be located over the north garage and will act as a large buffer for noise coming from I-70 and the Frontage Road. It will have no impact of your views towards the ski slopes or Gore Creek. The new building has been designed to have no common areas with your building. The first and second floors will be comprised of 20 hotel suites which are across from your 3rd & 4th floors. I believe this will be a great benefit to you should you ever need any additional space for your guests. Each suite will include a small kitchenette, master bath with double vanities and will be graciously decorated. On the north side of the building, which is out of view to you, we will have a few high-end employee housing units. All developments in Vail now require employee housing, and our goal is to build extremely high-end housing units that will cater to working professionals. On the 3rd and 4th floors of the new building, we will have 12 new luxury residences which will be a combination of two, three and four-bedroom penthouse units. These units will be almost identical to Phase I in terms of layout and design. My partner in this endeavor is developer Peter Carlson out of Minnesota. He has extensive development experience and I have known him for over 30 years, purchasing a home from his father on Forest Road twenty years ago. Peter brings great knowledge of construction and development to the project and I think he is a great asset. Every aspect of this development, as well as the continued operation of Vail Mountain View Residences Phase I, is incredibly important to us. There will be no use of the current pool and hot tub area of Phase I by Phase II. The parking is designed with the upper garage (north door) being used for hotel suites and employee housing units with only the 12 luxury condominiums using the lower portions of the garage. Mary Anne Redmond, the Association President, has done an excellent job ensuring that the building is kept in excellent shape. We are very proud that the building consistently operates within its budgets, and has in fact built up a substantial reserve. Please feel free to contact myself or Mary Anne if you would like more details on Phase II. We will continue to keep you informed as phase II progresses. 2 December 5, 2017 - Page 462 0 Warmest personal regards, Ron Ron Byrne, President & CEO Ron Byrne & Associates Real Estate 285 Bridge Street 1 Vail CO 81657 970-476-1987 office 970-331-8500 cell www.ronbyrne,com Ron Byrne & Associates 2016 Luxury Property Collection 3 December 5, 2017 - Page 463 0 Mary Anne Redmond From: Sent: To: Subject: Teresa Thomas Monday, March 13, 2017 8:58 AM Mary Anne Redmond FW: Announcing VMVR Phase II From: Pamela Keller Sent: Sunday, March 1z, zuii i:'rs rm To: Ron Byrne Subject: RE: Announcing VMVR Phase II Ron, This is very exciting news. So glad that you are able to start this next project. It seems excellent. On another matter, would you happen to know a good finish carpenter? We would like and the one we used last has sadly retired. Best always, Pam Pam Keller Executive Vice President 1 Sales and Marketing Keller Homes, Inc. Built to Last 1 Since 1983 536 Chapel Hills Drive, Ste 150 1 Colorado Springs, CO 8092o Office: 719.528.6977 like your timing will be to do a small remodel This email message is for the sole use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. From: Ron Byrne [mailto:ron@ ronbyrne.com] Sent: Friday, March 10, 2017 3:46 PM To: Pamela Keller; Dave Keller Subject: Announcing VMVR Phase II Dear Dave & Pam, I hope you've had the opportunity to come to Vail this winter as it has been a fabulous season. I wanted to let you know that we are currently in the planning stage of the development of Vail Mountain View Residences Phase II. When we originally purchased the land that Vail Mountain View Residences Phase I sits on, it was always intended to be a part of a multi -phase project. The parking garage which is located to the north of your building 1 December 5, 2017 - Page 464 0 was designed specifically for that purpose. It currently has the infrastructure to accommodate a new building above it, which was originally designed in 2007. After the downturn in the economy, the development was put on hold and we have redesigned it this year. Since the foundation already exists, this new phase can be built very quickly and with minimal impact to you. We take a great deal of pride in Vail Mountain View Residences Phase I. In my opinion, it is one of the best projects in Vail in terms of luxury, privacy and exclusivity. We plan to develop Phase II in the same manner. The new building will be located over the north garage and will act as a large buffer for noise coming from I-70 and the Frontage Road. It will have no impact of your views towards the ski slopes or Gore Creek. The new building has been designed to have no common areas with your building. The first and second floors will be comprised of 20 hotel suites which are across from your 3r1 & 4th floors. I believe this will be a great benefit to you should you ever need any additional space for your guests. Each suite will include a small kitchenette, master bath with double vanities and will be graciously decorated. On the north side of the building, which is out of view to you, we will have a few high-end employee housing units. All developments in Vail now require employee housing, and our goal is to build extremely high-end housing units that will cater to working professionals. On the 3rd and 4th floors of the new building, we will have 12 new luxury residences which will be a combination of two, three and four-bedroom penthouse units. These units will be almost identical to Phase I in terms of layout and design. My partner in this endeavor is developer Peter Carlson out of Minnesota. He has extensive development experience and I have known him for over 30 years, purchasing a home from his father on Forest Road twenty years ago. Peter brings great knowledge of construction and development to the project and I think he is a great asset. Every aspect of this development, as well as the continued operation of Vail Mountain View Residences Phase I, is incredibly important to us. There will be no use of the current pool and hot tub area of Phase I by Phase II. The parking is designed with the upper garage (north door) being used for hotel suites and employee housing units with only the 12 luxury condominiums using the lower portions of the garage. Mary Anne Redmond, the Association President, has done an excellent job ensuring that the building is kept in excellent shape. We are very proud that the building consistently operates within its budgets, and has in fact built up a substantial reserve. Please feel free to contact myself or Mary Anne if you would like more details on Phase II. We will continue to keep you informed as phase II progresses. Warmest personal regards, Ron Ron Byrne, President & CEO Ron Byrne & Associates Real Estate 285 Bridge Street 1 Vail CO 81657 970-476-1987 office 970-331-8500 cell www.ronbyrne.com Ron Byrne & Associates 2016 Luxury Property Collection 2 December 5, 2017 - Page 465 0 Mary Anne Redmond From: Teresa Thomas Sent: Monday, March 13, 2017 9:24 AM To: Mary Anne Redmond Subject: FW: Announcing VMVR Phase 11 From: Adrian Fernandez Sent: Monday, March 13, zuii i:Ub AM To: Ron Byrne Subject: Re: Announcing VMVR Phase II Thank you Ron for the Update, we will be coming on the summer. On Mar 10, 2017, at 6:48 PM, Ron Byrne <ron@ronbyrne.com> wrote: Dear Adrian, I hope you've had the opportunity to come to Vail this winter as it has been a fabulous season. I wanted to let you know that we are currently in the planning stage of the development of Vail Mountain View Residences Phase II. When we originally purchased the land that Vail Mountain View Residences Phase I sits on, it was always intended to be a part of a multi -phase project. The parking garage which is located to the north of your building was designed specifically for that purpose. It currently has the infrastructure to accommodate a new building above it, which was originally designed in 2007. After the downturn in the economy, the development was put on hold and we have redesigned it this year. Since the foundation already exists, this new phase can be built very quickly and with minimal impact to you. We take a great deal of pride in Vail Mountain View Residences Phase I. In my opinion, it is one of the best projects in Vail in terms of luxury, privacy and exclusivity. We plan to develop Phase 11 in the same manner. The new building will be located over the north garage and will act as a large buffer for noise coming from 1-70 and the Frontage Road. It will have no impact of your views towards the ski slopes or Gore Creek. The new building has been designed to have no common areas with your building. The first and second floors will be comprised of 20 hotel suites which are across from your 3rd & 4th floors. I believe this will be a great benefit to you should you ever need any additional space for your guests. Each suite will include a small kitchenette, master bath with double vanities and will be graciously decorated. On the north side of the building, which is out of view to you, we will have a few high-end employee housing units. All developments in Vail now require employee housing, and our goal is to build extremely high-end housing units that will cater to working professionals. On the 3rd and 4th floors of the new building, we will have 12 new luxury residences which will be a combination of two, three and four-bedroom penthouse units. These units will be almost identical to Phase 1 in terms of layout and design. My partner in this endeavor is developer Peter Carlson out of Minnesota. He has extensive development experience and I have known him for over 30 years, purchasing a home from his father on Forest Road twenty years ago. Peter brings great knowledge of construction and development to the project and I think he is a great asset. 1 December 5, 2017 - Page 466 0 Every aspect of this development, as well as the continued operation of Vail Mountain View Residences Phase!, is incredibly important to us. There will be no use of the current pool and hot tub area of Phase I by Phase II. The parking is designed with the upper garage (north door) being used for hotel suites and employee housing units with only the 12 luxury condominiums using the lower portions of the garage. Mary Anne Redmond, the Association President, has done an excellent job ensuring that the building is kept in excellent shape. We are very proud that the building consistently operates within its budgets, and has in fact built up a substantial reserve. Please feel free to contact myself or Mary Anne if you would like more details on Phase II. We will continue to keep you informed as phase II progresses. Warmest personal regards, Ron Ron Byrne, President & CEO Ron Byrne & Associates Real Estate 285 Bridge Street 1 Vail CO 81657 970-476-1987 office 970-331-8500 cell www.ronbyrne.com Ron Byrne & Associates 2016 Luxury Property Collection 2 December 5, 2017 - Page 467 0 July 28, 2017 Mayor Dave Chapin, Members of the Vail Town Council I would like to take this opportunity share with you my support of the proposed Vail View Mountain Residences Phase II. As all of you know one of Vail's original employee housing projects Apollo Park was build across the same site as this new proposed project. In its day this was a place that employees from many different employers could reside and be with in the Town of Vail. Now as then employee housing and parking were challenging. This project would bring affordable employee housing back into Vail Village. These would be long term rental units that employees who work in our local businesses, keeping our guest happy and supporting the infrastructure that made Vail what it is today. Not deed restricted housing but affordable rental units for those who are working on the front lines of Vail. In 1967 my family came to Vail for the first time. After that my skiing career brought me back to Vail many times each year. Then in 1974 I was able to make Vail my home. In that year I met the Seibert family and Mr. Pete Seibert. I was lucky enough to hear his vision as to how Vail was to become successful. In his vision he saw a place that guests and employees shared many of the same experiences on the slopes and off. This led to a stronger sense of inclusion in the "Vail Experience" which enhanced a vision of sharing our community with the world. I hope you can support this project in its effort to combine employee housing with the modern development that Vail needs. It's only a small number in the needs of our employees but it is a start. Sincerely, Tom Talbot December 5, 2017 - Page 468 0 December 5, 2017 - Page 469 0 From: Ashley Garton [mailto:Ashley@goodmanwallace.com] Sent: Monday, July 31, 2017 6:25 PM To: Kendra Carberry Cc: Kerry Wallace Subject: Vail Mountain View Residences on Gore Creek - Objection to the SDD Application Dear Ms. Carberry, This office has been retained by a coalition of owners at Vail Mountain View Residences on the Gore Creek. We are currently preparing an objection to the SDD Application filed by Lunar Vail, LLC [Item No. 6 on the August 1, 2017 Agenda]. We believe there are a number of serious issues regarding the alleged "Written Approval Letter" by the Association as referenced in your July 18, 2017 correspondence. We would respectfully request that the Town of Vail table the issue to allow the Association and its owners to address the matter amongst themselves. A brief summary of the issues we believe exist are as follows: 1. Because Declarant control expired in 2010 Ms. Redmond, who is appointed by the Declarant, did not have the authority to sign the Joint Property Owner Written Approval Letter on behalf of the Association. 2. The Town Code requires that the consent of such Agent or Authorized Representative be given only after compliance with applicable provisions of the Declaration. There has been a complete lack of transparency in the provision of information and notice to Association Members. 3. In addition to the two foregoing points the coalition of Unit Owners objects to multiple criteria required to be demonstrated by the applicant per the Town Code. Additionally, in your July 18, 2017 correspondence you refer to an attached explanation provided by the applicant's counsel as to the Written Approval Letter; however said explanation is not attached. Could you please provide the alleged explanation, it would be greatly appreciated? Again, we respectfully request the Town consider tabling the matter to allow the Unit Owners to have a meaningful dialogue with the applicant. We realize this request comes on short notice; however, out of respect for the time constraints on the August 1St Agenda we feel that 90 minutes may be an insufficient amount of time to address the Unit Owners' concerns. As mentioned above, we are currently working on a detailed objection which you will have in hand tomorrow and which we will be discussing with the HOA. If possible, would you have time tomorrow for a phone call with attorney Kerry Wallace to further discuss this matter? We hope to work cooperatively with the Town of Vail to address this matter in an efficient manner. Thank you, Ashley Garton Ashley(a�goodmanwallace.com December 5, 2017 - Page 470 0 GOODMAN AND WALLACE P.C. The Peak in Valley Law 4•wit', oodrnanirall ,ice.com Vail Office 105 Edwards Village Blvd Suite D-201 P.O. Box 1$86 Edwards, CO 81632 *please reply to this address Telephone 970,926,4447 Facsimile 970.926.5009 Aspen Office Telephone 970,925.2050 PRIVILEGE AM) CoNnorsTTALITY NOTICE: ICE: THIS EECIRO\1CiR_ANSM1SSIO (ANDOR DOCLNIEMACCOMPA rcia1T}MAYCONTAiN conn TIAL I TOT -MATZO( Rao:4o C 'MIRE SEDER WHICH IS PRDTICTED BY THE ArrortNre- CLIENTPRIVILEGE. THE INFOR.i1AT1ON IS MENDED FOR THE L'SE OF THE LNDIV JAL OR ENT1TY TO WUTCH IT IE ADDP.E SSE!) 1F VOL' IRE NOT THE L\TESVED RECIPtE,\T. YOu ARE HEREBY NOTIFIED THAT ANY DtSCLOSLRE. COPYING_ DESTRIBL7IOX, ELECTRONIC STORING OR THE TAKING OE ANT ACTION NRELIANCE ON DIE CON'TEN'TS OF TICS TN -FORMATION IS STRICTLY PROHIBITED. F YOU HAVERECEIVED MIS TRANSMISSION IN ERROR. PLEASE L L 1ED1ATFLYNOTIFY me SE.\DE.R BY REPLY E-MAIL AND L UD/ATEil'DE:LLETE MS RECORD FROM YOUR COMPLIER SYSTEIL December 5, 2017 - Page 471 0 HOLLAND &HART Town of Vail Department of Community Development 75 South Frontage Road Vail, Colorado 81657 Attention: Mr. Jonathan Spence Dear Mr. Spence: Thomas J. Todd Phone (970) 925-3476 Fax (970) 925-9367 ttodd@hollandhart.com May 17, 2017 Re: Vail Mountain View Residences Phase II Holland & Hart LLP represents Gore Creek Group LLC, the applicant for the pending land use application for the expansion and development of the existing commercial units in the Vail Mountain View Residences on Gore Creek condominium project (the "Project"). The pending land use application seeks approval for the construction of a second phase ("Vail Mountain View Residences Phase II") consisting of a new mixed-use residential and commercial building in the area above the Project's existing parking garage. I am writing to you in reference to a recent question raised relative to the involvement of Vail Mountain View Residences on Gore Creek Owner's Association (the "Association") as well as the existing residential condominium unit owners whose condominium units are located in the first phase ("Phase I") of Vail Mountain View Residences on Gore Creek. Under the Project's governing documents, the development of Vail Mountain View Residences Phase II with a new building was specifically contemplated, and the right to develop Vail Mountain View Phase II was expressly reserved by the Project's Declarant, Lunar Vail LLC. In this regard, under Article 15 of the Project's Condominium Declaration (the "Declaration"), the separate consent of the existing residential unit owners in Phase I of the Project is not required for this expansion and development. Also, a separate Notice Regarding Disclosures (the "Notice") in reference to these matters was also recorded. Lunar Vail LLC has expressly authorized Gore Creek Group LLC to submit and pursue this land use application, as has the Association. Based on the foregoing, we deem consent of the owners in Phase I as being already given, and in existence. As such, the application complies with the submittal requirements of Section 12-9A-3 of the Town of Vail Municipal Code. Letters from the Project's Declarant as well as from the Association confirming these arrangements are included in the land use application materials. A copy of the Notice, recorded April 4, 2009 under Reception No. 200906994, along with Article 15 of the Declaration are enclosed with this letter. Holland & Hart LLP Attorneys at Law Phone (970) 925-3476 Fax (970) 925-9367 www.hollandhart.com 600 East Main Street, Suite 104 Aspen, CO 81611-1991 Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. December 5, 2017 - Page 472 c HOLLAND&HART pp, Mr. Jonathan Spence, May 17, 2017 Page 2 The land use application contemplates the inclusion of the Project in a proposed special improvement district (the "SDD") which will include both Phase I and Phase II of the Project. All the uses and dimensional requirements included in land use application as well as the proposed SDD were specifically contemplated in the Declaration and the Notice, and all residential unit owners in Phase I of the Project took title to their condominium units subject to these reserved expansion rights, so no separate or additional consents or approvals are needed from the residential unit owners in Phase I. In summary, while Gore Creek Group LLC, has full legal authority under the Project's governing documents to submit and pursue the pending land use application, Gore Creek Group LLC nevertheless obtained the Association's acknowledgement of these rights as part of its submission of the application. The Gore Creek Group LLC is keeping the Association as well as the individual unit owners in Phase I informed as the application proceeds with the Town of Vail. Sincerely, Thomas J. Todd of Holland & Hart LLP TJT Enclosures 9644997_2 December 5, 2017 - Page 473 0 EAGLE COUNTY. CO TEAK J SIMONTON Pge: 4 11:39:43AM REC: $21.00 DOC $ JR I iI [11 1111 11 After Recording Return to: 14►1 tea 2t5- n dr St.. ,�►rd Ilan CQ If 5? NOTICE REGARDING DISCLOSURES 1]I 111 200906994 04/17/2009 it This Notice Regarding Disclosures is made and given this ,34 #day of , 2009 by Lunar Vail, LLC, a Colorado limited liability company (the "Declarant"). Declarant is the owner of the Commercial Unit as defined in and created pursuant to that certain Condominium Declaration for the Vail Mountain View Residences on Gore Creek as recorded in the records of Eagle County, Colorado on December 5, 2008 at Reception No. 200825629 (the "Declaration") and that certain Condominium Plat recorded in the records of Eagle County, Colorado on December 5, 2008 at Reception No. 200825628 (the "Map"). Capitalized terms used but undefined herein have the meanings given them in the Declaration. Declarant has certain Reserved Declarant Rights as described in the Declaration and Map which include, without limitation the right to build a new building on the Unbounded Portion of the Condominium Unit. If permitted by Applicable Law, such a new building at the Project could include retail space and/or space sold as part of a fractional or interval interest regime. Declarant is recording this Notice against the Commercial Unit as a reminder for all potential buyers of Units at the Project to review the Declaration and, in particular, to understand the Reserved Declarant Rights. In addition, in order to ensure that Owners acquiring title to Units other than through an initial Deed from Declarant have the benefit of the same knowledge as the initial purchasers from Declarant, the Declarant is including the following disclosures from its own sales contracts in this Notice: Mountain Activities. The Project is located in an area with skiing facilities and other all -season recreational areas (the "Mountain Recreational Areas"). The Mountain Recreational Areas are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances from activities relating to the construction, operation, use and maintenance of the DMWEST #6801289 v1 200906994 1 of 4 1 I I December 5, 2017 - Page 474 0 200906994 2 of 4 Mountain Recreational Areas (the "Mountain Activities"). The Mountain Activities include, without limitation: (i) movement and operation of passenger vehicles (including, without limitation, buses, vans, and other vehicles transporting passengers over adjacent streets and over, around and through the Mountain Recreational Areas), commercial vehicles, and construction vehicles and equipment; (ii) activities relating to the construction, operation and maintenance of roads, trails, ski trails, skiways and other facilities relating to the Mountain Recreational Areas (including, without limitation, tree cutting and clearing, grading and earth moving and other construction activities, construction, operation and maintenance of access roads, snow -making equipment, chairlifts, gondolas, busses or other transportation systems, operation of vehicles and equipment relating to trash removal, snow removal, snow grooming, and over - the -snow or over -the -terrain transportation purposes, and operation of safety and supervision vehicles); (iii) activities relating to the use of the Mountain Recreational Areas (including, without limitation, skiing, snow -boarding, ski - patrol activities, and other over -the- snow activities, hiking, horseback riding, bicycling and other recreational activities); (iv) ski racing and organized events and competitions relating to the activities described in clause (iii) above; (v) concerts, fireworks displays, and other performances and special events; (vi) restaurants, clubs, restrooms and other public use facilities; (vii) public access to adjacent U.S. Forest Service lands; (viii) public parking facilities and the traffic related thereto; (ix) and other activities permitted by law. The Mountain Activities may occur 365 days a year, during daytime and nighttime. The Project is located in a geologically sensitive area that may be subject to rock slides. Construction Activities. The Unit is located in an area that is subject to or near ongoing construction activities (collectively, the "Construction Activities"). The Construction Activities are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Construction Activities may include, without limitation: (i) construction traffic (including, without limitation, construction vehicles, equipment and vehicles used or owned by Seller, adjacent landowners, and the employees, agents and contractors of either of them); and (ii) construction activities (including, without limitation, grading, excavation, clearing, site work and construction of indoor and outdoor improvements) relating to the Project, nearby properties, or the Mountain Recreational Areas. Commercial Activities. A variety of commercial activities may or will be conducted on, or in the area near, the Project (the "Commercial Activities"). The Commercial Activities are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Commercial Activities may (but will not necessarily) include, without limitation: (i) operation DM/VEST #6801289 v1 2 December 5, 2017 - Page 475 0 200906994 3 of 4 of full-service hotel(s) and health spa(s) with associated swimming pool(s), other outdoor recreational facilities and parking facilities; (ii) meetings, conferences, banquets and other group events; (iii) sales and rentals of clothing, skis, ski - related equipment, other over -the -snow equipment, bicycles, and other recreational equipment; (iv) sales of tickcts for chairlifts, gondolas, other transportation systems, and other activities and events conducted on the Mountain Recreational Areas; (v) indoor and outdoor restaurant and bar operations (including, without limitation, the sale of food and alcoholic and non-alcoholic beverages for consumption on and immediately adjacent to the Project and at other locations) and preparation of hot and cold food (through the use of barbecue grills, fire pits and other smoke and/or odor producing means) and beverages at indoor and outdoor facilities on and immediately adjacent to the Project; (vi) sales of services relating to skiing, other over -the -snow activities, and other recreational activities (including, without limitation, tuning, waxing, repairing, mounting of bindings on, renting, storing and transporting skis, snowboards and similar equipment, ski schools and other forms of individual and group lessons, tours and excursions); (vii) vehicle passenger drop-off and pick-up, locker room, changing room, rest room and lounge purposes in designated areas, and short-term clothing and equipment storage; (viii) parking activities (including, without limitation, activities relating to valet parking or parking relating to adjacent properties); (ix) the installation, operation and maintenance of illuminated and non -illuminated signage; (x) concerts and other outdoor and indoor entertainment, performances and special events, including, without limitation, Octoberfest and similar festivals, and art fairs; and (xi) any other uses or activities permitted by law. The Commercial Activities may occur 365 days a year, during daytime and nighttime. No View Easement. There is no easement or other right, express or implied, for the benefit of any Owner or Unit for light, view or air. Other Properties. Other properties are located adjacent to and nearby the Project (the "Other Properties") and the Other Properties may be developed or redeveloped by Declarant or other parties pursuant to the land uses permitted by the Town's zoning resolutions and other codes and ordinances. DMWEST #6801289 v1 3 December 5, 2017 - Page 476 0 Executed as of the date first written above. STATE OF COLORADO COUNTY OF LUNAR VAI co a Colorado limited liability By: Nam Title: ) SS. =rrv�z rf�.1 The foregoing instrument was cknowled ed before me this ,, �sfday of /+ ; w .:...... 2009 by , as of Lunar Vail, LLC Colorado limited liability,,,,,,,, �15Dp , company. " Witness my hand and official seal. NOTARY PUBLIC My Commission Expires: 030 3320/ Z. DMWEST #6801289 v1 4 200906994 4 of 4 l� Sy i 16110 Z� �% `"�l� = P11,44:::::C: December 5, 2017 - Page 477 0 �Il:ai.(, ..,,I...al l]. r,:... ...:►��. _ _.__..l f P►_i_.__I. I._ Il__ _. _..I e 4 CA. w _ Association takes any such action, or is the losing party in any proceeding related is .coon, then (in addition to all other remedies of Declarant) such Owner, such CIa • ssociation shall be responsible for Declarant's costs, including reasonable - 's fees, and shall also be responsible for any and all consequential damagesg damages as the result of any delay, related to such action. Section 14.5. _ ransferable. Any Special Declarant Rights or Additional Reserved Right create - . erved under this ARTICLE 14 for the benefit of Declarant may be transferred to a n by an instrument expressly describing the rights transferred and recorded in the Records. e. ARTICLE 15 RESERVATION OF DEVELOPMENT RIGHTS Section 15.1. Expansion Rights. Declarant expressly reserves the right to subject all or any part of the Real Estate described in Exhibit D attached hereto and hereby incorporated by reference (the "Expansion Property`') to the provisions of this Declaration upon the substantial completion of Improvements on the Expansion Property. The consent of the existing Owners, First Mortgagees or other holders of Security Interests shall not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. In addition, Declarant also expressly reserves the right to add unspecified Real Estate to the Project as allowed by the Act. Section 15.2. Development and Withdrawal Rights. Declarant expressly reserves the right to create Units and/or Common Elements (expressly including Limited Common Elements), to combine Units, to subdivide Units, to convert Units into Common Elements (expressly including Limited Common Elements), to convert Common Elements into Units, to allocate Common Elements as Limited Common Elements and to allocate Real Estate as Limited Common Elements on all or any portion of the Real Estate reserved for future development in this Declaration or pursuant to the Map, expressly and specifically including, without limitation, any Commercial Unit (expressly including, without limitation, any part of the same that is not within the Bounded Portion), any Residential Unit owned by Declarant, and the Expansion Property. Any improvements created, constructed or installed pursuant to the previous sentence may be referred to herein as "Additional Improvements.- Without limiting the generality of the foregoing, Declarant expressly reserves the right (a) to subject Units owned by Declarant, or other portions of the Project that are subject to Development Rights, to a plan of fractional or vacation ownership; (b) to convert all or a portion of any Commercial Unit into Residential Units and/or to create new Residential Units, which may be of a different type than and/or may form a different Class than the Residential Units existing as of the datc hereof; (c) to subdivide, combine, or relocate boundaries between any Units owned by Declarant and any adjacent Limited Common Elements appurtenant thereto, including the addition, removal or relocation of any Common Elements therein, provided the same does not impair the structural soundness of or the operation of building systems in such Common Elements; (d) to subdivide any Commercial Unit within the parking garage into individual parking units (which parking units would be deemed to be Commercial Units hereunder), and/or (e) to subject any Commercial Unit that is all or part of a parking garage to a club, membership, or similar program through which owners or members thereof, which may or may not be Owners, are granted a right to use and access certain Common Elements. In the event that Declarant exercises any Reserved 33 200825629 40 of 65 December 5, 2017 - Page 478 c "Declarant Rights in a manner that causes the creation of Units which are to be used or restricted•as employee housing units pursuant to the ordinances or regulations of the Town of Vail, then Declarant may elect to designate such employee housing units as either Commercial Units or Residential Units, and in either case the employee housing units may be excluded from certain Limited Common Elements appurtenant to other Units in the relevant Class (and from payment of the costs associated therewith) and/or from voting on certain Class issues otherwise associated with the relevant Class, all as determined and designated by Declarant. Declarant may exercise any or all of the Development Rights so reserved at any time within the period described in Section 15.9 with respect to all or any of the Real Estate identified as subject to Development Rights in the Declaration or pursuant to the Map. No assurances are made with respect to the boundaries of any parcels that may be developed or the order in which the parcels may be developed. Exercise of a Development Right with respect to any one parcel does not require exercise of a Development Right on any other parcel of Real Estate subject to Development Rights. No assurances are made that any further development will occur. If all or any part of the Expansion Property is submitted to this Declaration, this right to reserve property for future development shall apply to such property as well. Declarant expressly reserves the right to withdraw all or any portion of the Property that is designated as subject to withdrawal in this Declaration from the Project by recording a document evidencing such withdrawal in the Records. The Commercial Unit, or any portion(s) thereof retained by Declarant atter any subdivision thereof, is hereby designated as being subject to withdrawal rights. The Real Estatc withdrawn from the Project shall be subject to whatever easements, if any. are reasonably necessary for access to or operation of the Project. Declarant shall prepare and record in the Records whatever documents are necessary to evidence such easements and shall amend Exhibit C to this Declaration to include reference to the recorded easements. Declarant alone is liable for all expenses in connection with Real Estate subject to Development Rights for as long as the same remains subject to Developrnent Rights. Section 15.3. Amendment of Declaration. If Declarant elects to submit the Expansion Property, or any part thereof, or Additional Improvements, to this Declaration, or to subdivide or to convert Units or Common Elements, then at such time as a certificate of completion executed by an independent licensed or registered engineer, surveyor, or architect stating that all structural components of the Improvements on the Expansion Property or the Additional Improvements are substantially completed is obtained, Declarant shall record an amendment to this Declaration reallocating the Allocated Interests so that the Allocated Interests appurtenant to each Unit will be apportioned according to the total number of Units submitted to this Declaration. The Allocated Interests apportioned to each Unit in the Project shall be based on the formulae set forth in Section 4.2. Mere subdivision of a Unit shall not change the Allocated Interests of any Unit not included in such subdivision, except as expressly set forth in Section 4.2. The amendment to this Declaration shall contain, at a minimum, the legal description of the Expansion Property, or a part thereof, or a description of the Real Estate on which the Additional Improvements being submitted to this Declaration are located and a revised schedule of the Allocated Interests appurtenant to the Units in the Project. Section 15.4. Supplement to the Map. Declarant shall, contemporaneously with the amendment of this Declaration, file a supplement to the Map showing the location of the Additional Improvements constructed on the Expansion Property or the construction, combination, subdivision, 34 200825629 41 of 65 December 5, 2017 - Page 479 0 conversion or allocation of Units or Common Elements allowed by this Article. The supplement to the Map shall substantially conform to the requirements contained in this Declaration. Section 15.5. Interpretation. Recording of amendments to this Declaration, and supplements to the Map, in the Records shall automatically: (a) vest in each existing Unit the reallocated Allocated Interests appurtenant to such Unit; and (b) vest in each existing holder of a Security Interest a perfected Security Interest in the reallocated Allocated Interests appurtenant to the encumbered Unit. Upon the recording of an amendment to this Declaration, the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Property as expanded. The Expansion Property, or any part thereof, or the Additional Improvements constructed on the Property as expanded shall be added to and become a part of the Project for all purposes. All conveyances of Units after such expansion shall be effective to transfer rights in all Common Elements as expanded, whether or not reference is made to any amendment to this Declaration or supplement to the Map. Reference to this Declaration and Map in any instrument shall be deemed to include all amendments to this Declaration and supplements to the Map without specific reference thereto. Section 15.6. Maximum Number of Units. The maximum number of Units in the Project shall not exceed 300 Units, or, if allowed by the Act, the maximum number of Units allowed by any governmental entity having jurisdiction over the Property, pursuant to any development plan or approvals for the Property and the Expansion Property. Declarant shall not be obligated to expand the Project beyond the number of Units initially submitted to this Declaration. Section 15.7. Construction Easement. Declarant reserves an easement through, over and across the Common EIements and Units as may be reasonably necessary for the purpose of discharging Declarant's obligations and exercising Declarant's reserved rights in this Declaration without consent of any party. Such easement includes the right to construct underground utility lines, pipes. wires, ducts, conduits, and other facilities across the Property not designated as reserved for future development in this Declaration or on the Map for the purpose of furnishing utility and other services to buildings and Improvements to be constructed on any of the Property reserved for future development. Declarant's reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Common Elements not occupied by an Improvement containing Units. If Declarant grants any such easements, Exhibit C to this Declaration will be amended to include reference to the recorded easement. Section 15.8. Reciprocal Easements. If property is withdrawn from the Project ("Withdrawn Property"): (a) the owner(s) of the Withdrawn Property shall have whatever easements are necessary or appropriate, if any, for access, utility service, repair, maintenance and emergencies over and across the Project: and 35 200825629 42 of 65 December 5, 2017 - Page 480 c (b) the Ovvner(s) in the Project shall have whatever easements are necessary or appropriate, if any, for access, utility service, repair, maintenance, and emergencies over and across the Withdrawn Property. Declarant shall prepare and record in the Records whatever documents are necessary to evidence such easements and shall amend Exhibit C to this Declaration to include reference to the recorded easement(s). Such recorded easement(s) shall specify that the owner(s) of the Expansion Property and the Withdrawn Property and the Owners in the Project shall be obligated to pay a proportionate share of the cost of the operation and maintenance of any easements utilized by either one of them on the other's property upon such reasonable basis as Declarant shall establish in the easement(s). Preparation and recordation by Declarant of an easement pursuant to this Section 15.8 shall conclusively determine the existence, location and extent of the reciprocal easements that are necessary or desirable as contemplated by this Section 15.8. Section 15.9. Termination of Development Rights. The Development Rights reserved to Declarant, for itself, its successors and assigns, shall expire thirty (30) years after the date of recording this Declaration in the Records, unless the Development Rights are reinstated or extended by the Association as provided in the Act, subject to whatever terms, conditions, and limitations the Board of Directors may impose on the subsequent exercise of Development Rights by Declarant. Declarant may at any time release and relinquish some or all ofthe Development Rights with respect to all or any part of the Real Estate subject to such rights by instrument executed by Declarant and effective when recorded in the Records. Upon the expiration or other termination of the Development Rights, any Real Estate then subject to such rights shall become Common Elements or Units. as applicable. Section 15.10. Interference With Development Rights. Neither the Association nor any Owner nor any Class may take any action or adopt any rule or regulation that will interfere with or diminish any Development Rights reserved by this ARTICLE 15 without the prior written consent of Declarant. In the event an Owner, a Class or the Association takes any such action, or is the losing party in any proceeding related to such action, then (in addition to all other remedies of Declarant) such Owner. such Class. or the Association shall be responsible for Declarant's costs, including reasonable attorneys' fees, and shall also be responsible for any and all consequential damages. including damages as the result of any delay, related to such action. Section 15.11. Transfer of Development Rights. Any Development Rights created or reserved under this ARTICLE 15 for the benefit of Declarant may be transferred, in whole or in part to any Person by an instrument expressly describing the rights transferred and recorded in the Records. Such instrument shall be executed by the transferor Declarant and the transferee. Section 16.1. Coverage. Commencing not later th r • - . nveyance of a Unit to a purchaser and to the extent reasonably avail • r . elation shall obtain and maintain insurance coverage as set forth in this - • ' . e ssociation shall have the power and authority to obtain additional . overages not specified herein in the Board's discretion. If such insurance is 36 200825629 43 of 65 December 5, 2017 - Page 481 0 FOSTER GRAHAM MILSTEIN & CALISHER, LLP ATTORNEYS AT LAW July 31, 2017 Vail Town Council Town of Vail 75 South Frontage Road Vail, Colorado 81657 Via Hand -Delivery 360 South Garfield Street 6th Floor Denver, CO 80209 T 303-333-9810 F 303-333-9786 DENVER — BOULDER fostergraham.com Re: Ordinance No. 9, Series of 2017; First Reading, Proposed Ordinance Establishing Special Development District No. 42 (Vail Mountain View Residences). Dear Council Members: This firm represents the Tyrolean Condominium Association ("Tyrolean") in the above - referenced matter (the "Proposal"). The Proposal is set for a first reading and public hearing on August 1, 2017. Tyrolean objects to the Proposal as it does not comply with the applicable review criteria. As such, Tyrolean requests that the Proposal be denied. Unfortunately, the undersigned counsel will be out of the country on August 1, and the Property Manager for Tyrolean will also be unavailable. Further, Tyrolean has submitted requests for documents pursuant to the Colorado Open Records Act, C.R.S. § 24-72-201, et seq., and has been advised that the Town of Vail needs additional time to comply with the request. The documents Tyrolean has requested are relevant to its opposition to the Proposal. Through the Town of Vail's counsel, Kendra Carberry, I have been advised that a second public hearing will take place at the second reading of the Proposal, at which time Tyrolean will be afforded an opportunity to present its opposition to the Proposal. We look forward to the opportunity to address you at that time. Ms. Carberry has graciously agreed to submit this letter for the record at the hearing on August 1St Sincerely, FOSTER GRAHAM MILSTEIN & CALISHER, LLP David Wm. Foster {00440013.DOCX / 1 } December 5, 2017 - Page 482 0 Mayor Chapin, Mr. Mire, and Members of the Commission July 31, 2017 Page 2 cc: Ms. Wendy Weigler Mr. Herb Tobin Mr. Tom Saalfield Mayor and Town Council {00440013.DOCX / 1 } December 5, 2017 - Page 483 0 VCBA The Vail Chamber & Business Association 241 South Frontage Road East, Suite 2 Vail, Colorado, 81657 970-477-0075 www.vailchamber.org July 7,2017 Town of Vail Town Council 75 S. Frontage Road Vail, CO 81657 Dear PEC & Town Council Members: Members of the Vail Chamber and Business Association board of directors attended a presentation by Mauriello Planning Group of the Mountain View Residences Phase II project proposed for the east end of Vail Village. We are writing to voice our support for this project for the following reasons: 1. We are in favor of the proposed deed -restricted, workforce housing apartments, especially their livability, their location in Vail Village on the in -town bus route, and the fact that they also include dedicated parking. 2. We believe the hotel rooms and lock -off units, as well as the potential for short term condominium rentals, will bring added vitality to the east end of Vail Village, in addition to generating additional sales tax revenue. 3. We feel the proposed height and mass of the building is appropriate for its location on the South Frontage Road. On behalf of our board of directors, I urge you to consider the public benefits of this project as it moves through the town of Vail approval process. A timely yes vote will ensure that efforts to address the workforce housing crisis in Vail continue to move forward. Respectfully, Alison Wadey Executive Director Vail Chamber and Business Association December 5, 2017 - Page 484 0 From: dwc1946@aol.com [mailto:dwc1946@aol.com] Sent: Wednesday, August 09, 2017 10:35 AM To: Council Dist List; Info Subject: Vail Mountain View Phase II Dear Mr. Mayor and Town Council Members, My name is David Cross and I own a home at 126 Forest Road. Previously my wife and I owned a condominium at the Tyrolean for approximately five years prior to moving to Forest Road. As a result, we are long term Vail residents with a vested interest in the orderly and beneficial development within our community. I'm writing in SUPPORT of the Vail Mountain View Phase II Development Project. I believe I have first hand insight as to the benefits this project will provide for the project site, surrounding areas, and for our community. PROJECT SITE I was advised prior to purchasing our Tyrolean unit of the potential future development of the Vail Mountain View Phase II site, as were the people to whom we sold. Assuming the quality of the complex design, construction, landscaping, and property management are equal to the Vail Mountain View Phase I site, the proposed project will be an major upgrade to the existing property. The renderings of the proposed project are very attractive and will bring vitality to the area. I understand Ron Byrne will be the project manager and will have an economic interest in the project which will provide the same incentive to him to do a great job, as did the Vail Mountain View Phase I project. That project turned out to be very successful for both the area and community. The proposed project will also help buffer the Highway noise which is a common complaint of residents at both the Tyrolean and the Vail Mountain View Phase I complex. SURROUNDING AREAS this side of town is showing its age and this project will upgrade the area and increase property values and the tax base. COMMUNITY BENEFITS this project will provide much needed employee housing in an area of town where these resources are scarce. Additionally, where else in the Village area can we increase affordable hotel bed capacity which is currently underserved? The financial impact to our community is obvious, the increased tax revenues will go a long way to underwriting the cost of other much needed community services. I would be there in person to present my views but I will be out of town at the next scheduled Town Council Meeting which will discuss the Vail Mountain View Phase II Project. December 5, 2017 - Page 485 0 I'd be most appreciative if this letter would be given due consideration for the approval of the Vail Mountain View Phase II project. Thank you, David Cross Sent from my iPhone December 5, 2017 - Page 486 0 Dan &Carol Wolfe 611581.5373 dan.wolfdogcgmail.com cfreywolfe@gmail.com 6520 Indian Hills Road, Edina, MN 55439 August 9, 2017 Town of Vail Council Mr. Jonathan Spence Town of Vail - Planning Department Tammy Nagel Town of Vail - Clerk RE: Objection by Owner at Vail Mountain View Residences on Gore Creek, Inc. (VMVR) to the Pending Application for Special Development District No. 42. Dear Town of Vail Council Members: My wife Carol and I are the owners of #303 in Vail Mountain View Residences. We have been coming to Vail for over 30 years. When we decided to buy in Vail, we explored many options including the Arabelle, Solaris and others. We chose VMVR because of the neighborhood, the less dense feeling and proximity to the creek, as well as the knowledge that there would not be additional development east of The Wren, due to the park. We are not anti -development and we are not anti -employee housing. We are for thoughtful development. We bought in Phase 1 of the VMVR project knowing that a second building would be built. That having been said, we were told at the time that Phase 11 would not be taller than our building. The current proposal is almost 22 ft higher than code allows. We were also told that the building would be built on the additional existing parking structure, using it as the foundation, not cantilevered out over the existing driveway, exceeding the setback to the east. As you know, these are two of the five variations requested in the SDD. You are aware that there are a number of owners in Phase 1 of VMVR who are contesting the validity of the VMVR Board approval of the SDD, there has also been a lack of transparency, time and ability to have input in the process. At the last council meeting, the City Attorney opined that he felt this dispute was not within the jurisdiction of the City Council, but that it is an issue between the owners and the Board. I disagree, but in any case the fact that there is a dispute, now know by the council, cannot be ignored as part of December 5, 2017 - Page 487 c the process. At a minimum there should be more time given to address what we, as owners of Phase 1, feel is an improper authorization. As far as the SDD goes, the first Criterion for Review is Compatibility. This has to do with neighborhood and environment . We think that we have a very unique neighborhood, bounded by Gore Creek to the south, the frontage road and highway on the north, Ford Park on the east and Vail Valley Drive on the west. There is one single family home, the Tyrolean, VMVR, Apollo Park and The Wren. We are at least a quarter of a mile from Solaris and don't consider VMVR part of that neighborhood. If the SDD is approved, Phase ll at VMVR would be the tallest building east of Solaris. One argument given by the developer has to do with the City approving a number of other taller buildings along the frontage road, Le.) Solaris, the Four Seasons, etc. They argue since other major projects have been allowed to build above the 48 ft code, that in essence, taller buildings along the frontage road are now the norm. If that's true, the code should be changed to reflect that new norm. That way those who purchase property in the area will know what to expect if there is further development on the frontage road, and you could eliminate SDD's related to the 48 ft height restriction. On the other hand, 48 ft is the current code and the council has to take that into consideration with this SDD. I understand that the developer is obligated to try to push the envelope as much as possible in order to maximize return on investment. That does not mean that the city/council is not obligated to take a hard look at Compatibility. The developer has added the incentive of 7 more EHIJ's than are required. I understand this is a very attractive offer, since creating EHU's is a priority in the city's master plan. I would actually prefer more EHU's and no hotel rooms, to be honest. However, there needs to be some balance of the neighborhood, height, mass and density of buildings and the benefits. In the developer's presentation, at the last meeting, there was a slide with the following points: 1) "Compatibility should not only consider existing buildings but future conditions." 2) That, "Compatibility does not mean "consistency" or being "same" or even reflecting similar character." December 5, 2017 - Page 488 0 THOUGHTS REGARDING #1 The developer said in that same slide that this will "set a new standard for the neighborhood." The presenter again mentioned this in his concluding remarks, stating that perhaps this plan can be used as a template for further development. It is understandable that the developer would like to set the precedent in our neighborhood that is in his/her favor. Any developer at Apollo Park and The Wren, which we know will eventually will be redeveloped, would expect that they would be allowed to develop similar height and density properties if this SSD is approved. We do not wish to set that standard. On the other hand, if in the future you were to deny Apollo Park and The Wren to develop something similar after approving this SDD, you will have created a situation that we will not be happy with either. REGARDING #2 While using the argument that "compatibility does not mean "consistency" or being "same" or even reflecting similar character, the developer turns around and argues that the reason to deviate from the current 48 ft code is that the current plan is consistent with other taller buildings that have recently been built. The next issue is density. We were told at the time we purchased #303, that Phase II would be a similar condo project. The addition of multiple hotel rooms (34 hotel rooms and lock offs), which only count 1/2 in your calculations, will in reality increases the number of people using the same area beyond what which would be experienced with owned condos only. There would be significantly more coming and going with theses units. Even with your counting method, 44.5 units (proposed in Phase II) plus the 24 condos in Phase I, would mean 64.5 units, where 49 originally existed on our site prior to Phase 1. The proposed GRFA is 80`YA greater than allowed. This is not a minor deviation. Finally, The current Phase II plan has a patio/common area that is literally on top of the wall for the Phase I pool. I wonder about the vetting of the planning commission and the council with regard to sensitivity to the neighborhood. We respectfully request that the Application for SDD #42 be denied Dan Wolfe Carol Wolfe /J December 5, 2017 - Page 489 0 Town of Vail Council towncouncil@vailgov.com Mr. Jonathan Spence Town of Vail - Planning Department jspence@vailgov.com Tammy Nagel - Town of Vail Clerk tnagel@vailgov.com Re: Objection by Owner at Vail Mountain Residences on Gore Creek, Inc. ("VMVR") to the Pending Application for Special Development District No. 42 Dear Town of Vail Council Members: I own Unit 204 at VMVR which will be part of Special Development District No. 42 ("SDD") if the Application for SDD No. 42 was approved. I object to the Application as follows: 1. Lack of Notice and Failure of the Applicant to meet the requirement under the Town of Vail Code to procure "written consent of owners of all property to be included in the SDD, or their agents or authorized representatives." No notification of this public process was provided at any time to the Residential Owners at VMVR. The Residential Owners at VMVR have been denied the right to meaningfully address the Application through this public process though our property rights are most impacted by the Application. Mary Anne Redmond, the Applicant's employee, did not have apparent or actual authority to submit an Approval Letter for the SDD Application as the authorized representative of VMVR. (See below for more detail). December 5, 2017 - Page 4901 2. The SDD removes zoning restrictions at VMVR leading to a significant change in the VMVR community by allowing a much taller and dense building to be constructed which will adversely impact air, Tight, privacy and the residential feel of VMVR. Phase 2 of VMVR as proposed under the SDD will be a 700 foot tall, high density, mostly transient -occupied building with 34 hotel rooms and lock offs in addition to 22 condos and employee housing units. Phase 2 will be cantilevered over the Phase 1 parking garage entrance blocking access to the parking garage by delivery trucks and taller vehicles. A 2,000 square foot Lobby Deck will overhang the Pool. There has been no proposal provided to date to the Phase 1 Owners on how Phase 2 will interrelate with Phase 1 in terms of assessments, maintenance and use. When I purchased my Unit at VMVR I relied upon zoning restrictions applying to the Declarant's future Development Rights in relation to Phase 2 which Declarant represented to me would be applicable thereby protecting my investment. My awareness of the SDD Application occurred recently when a fellow Owner saw an article in the Vail Daily and reached out to me and other Owners. There has been no effort to vet the SDD Application through the Phase I Owners and in fact there has been a disturbing lack of transparency about it from the Applicant whom is also the Commercial Owner at VMVR. Most disturbing is that on March 27, 2017 Mary Ann Redmond - employee of the Commercial Owner and Applicant for this SDD - signed an "Approval Form" that was submitted to the Town of Vail December 5, 2017 - Page 491 c stating that the Association had approved the SDD. This occurred without an Association Meeting or any notification of the Residential Owners at Phase 1. This "Approval Letter" does not meet the Town Code requirements for such approval and the Application should fail as a threshold requirement of the Application has not been met. As a result of the failure to meet Code and notice requirements, the SDD Application has progressed through the Town of Vail administrative processes without objection or involvement of the Phase 1 Residential Owners despite the great impact the SDD Application will have upon our homes. These actions do not meet the requirements of the Town Code or the spirit of the public process. I also object to the SDD Application as it fails to meet the 9 Criteria for an SDD as follows: 1. Compatibility: This criteria is not met for the following reasons: i. This is small residential project with a parking garage located in an area of the Town of Vail that does not have large buildings around it. The proposed SDD and related plans will allow a taller building than Phase I to overshadow and overpower the Phase I building. This will adversely impact light, air, heat energy created by sun and privacy. December 5, 2017 - Page 4921 ii. A hotel facility coupled with Units that can in essence be used as hotel like rooms (i.e. lock offs) creates a high use that is not consistent with the residential area in which the project is located and adversely impacts Phase I and neighboring properties. This high use creates an adverse carbon footprint for a Town that is moving toward Green certification. iii. Parking is already a major issue and problem for the Phase I portion of the VMVR. Creating a large, dense additional project subject to use by a large volume of people at the same time will highly exacerbate this problem. iv. The Phase II parking garage is proposed to be cantilevered over the current entrance to the Phase I garages making it impossible for trucks and delivery vehicles to even pull into the garage entrance area. A separate loading area is needed for Phase I but is not proposed. v. Pedestrian access is compromised. vi. A 2,000 square foot "lobby deck" is proposed for Phase II which will overhang the pool area for Phase I. This December 5, 2017 - Page 4931 creates an incredible invasion of privacy and impact on light and air around this important Phase 1 amenity. It also creates a life safety hazard as it creates an attractive nuisance for persons to jump off the Phase II Deck and into the Phase I pool. vii. Abuse of SDD - It was represented to the Owners of Phase I and said Owners relied upon the scope of the original project and Town zoning restrictions when they purchased Units at Phase 1. To allow GRFA, height, use and density restrictions to be simply circumvented by an SDD undermines the entire zoning process or ability of any purchaser of property in the Vail Village to rely upon what may or may not be built around them. 2. Relationship: The planned uses, activity or density for Phase II are not compatible with existing Phase I. See above. 3. Parking and Loading: a. The planned location for the loading zone atop a public walkway is not just atypical, it is unsafe and certain to interfere with surrounding uses and activity. December 5, 2017 - Page 4941 b. Parking is already major issue at VMVR and this will substantially aggravate that issue; c. Delivery trucks and tall vehicles will not be able to access the parking garage or even the parking garage entry area; d. The design will lead to guests at Phase II to park in the Phase I garage entry area blocking Phase I Owner access. This creates an emergency vehicle access issue as well. e. There is no ability to separate the Phase I parking and portions of the Phase II parking leading to major enforcement issues for Phase I on parking abuses and poaching as well as allocation of maintenance responsibilities. 4. Comprehensive Plan: a. The deviations from the code associated with the project include: east side setback, building height, density, site coverage, and loading in the front setback. Each of these proposed deviations directly and negatively impacts existing usage and value of the neighboring Phase I development. b. The proposed deviations concerning height, density, mass, and bulk must all be weighed against the perceived public benefit of the Application. Public comment offered in support of the December 5, 2017 - Page 4951 Application during the June 12, 2017 PEC meeting focused exclusively on the addition of Employee Housing Units ("EHUs"). However, the proposed deviations are certain to exceed permissible Gross Residential Floor Area. As the PEC pointed out, such deviations should not be granted strictly based upon provision of EHUs. The benefit of EHUs does not offset the requested deviations and neighboring owners have not been adequately informed of the extent of the proposed bulk and mass are far beyond anything anticipated for the site. Thus, the Application is not compatible with the surrounding area. 5. Natural and/or Geologic Hazard: None known except creation of shadows, cold pockets and lack of air and Tight to Phase I. 6. Design Features: See above in relation to this criteria not being met. 7. Traffic: a. The Application would increase density in relation to the Phase I development and is therefore practically certain to generate additional traffic. In fact, Tom Kassmel of Public Works noted in the June 12, 2017 PEC meeting that proposed uses on the December 5, 2017 - Page 496 c site will generate additional traffic which may have some broader impact on the system 8. Landscaping: The landscaping is very limited and artistic license was made in the submitted plans in this regard. 9. Workable Plan: There has been no proposal on how Phase II is to integrate with Phase I. The 2 Phases are very different uses, different Common Areas and maintenance responsibilities. Section 12-9A-8 requires the Town Council to make the following findings with respect to the proposed SDD: 1. That the SDD complies with the nine (9) criteria, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and December 5, 2017 - Page 4971 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. I object to a finding by the Town Council that any of the foregoing matters have been established per what I stated above. I respectfully request that the Application be delayed. Respectfully, Scott Herndon Unit 204 December 5, 2017 - Page 4981 From: CommDev To: Jonathan Spence Cc: Chris Neubecker Subject: FW: Vail Mountain View Residences Date: Monday, August 14, 2017 7:51:35 AM Original Message From: Michael [mailto:bigrooty@aol.com] Sent: Friday, August 11, 2017 7:37 PM To: CommDev Subject: Vail Mountain View Residences Dear Town of Vail Town Council, My name is Michael Rootberg, owner of unit #301 in Vail Mountain View Residences. When I purchased my unit in 2009, I was well aware that there would be a future Phase II Development. My unit was purchased directly from Ron Byrne, who was a gentleman then and still is now. He has always taken the time to listen to any cares or concerns regarding our building or his proposed future building. The Phase I building that I am in was well constructed and has been well maintained, resulting in a comfortable place to live, with increasing value. Regarding other projects that Ron has handled, since ours, there have been similar positive results. Furthermore, I am writing in support of the current VMVR HOA Board of Directors. The board has always acted in the best interest of the owners, providing timely responses to any issues as well as substantial savings to the owners. Mary Anne Redmond, Board President, has always acted effectively on behalf of the owners, resulting in an Association that has been run extremely efficiently and at a low cost to owners. Ron loves this valley deeply and I believe that any project that he's involved with, will be of high quality and create increased values for both Phase I, as well as, Phase II owners. Therefore, it is my hope that you will recommend the approval of the Vail Mountain View Residences Phase II project. Sincerely, Michael Rootberg Sent from Mike's iPad December 5, 2017 - Page 499 c Town of Vail Council towncouncil@vailgov.com Mr. Jonathan Spence Town of Vail — Planning Department j spence@vailgov.com Tammy Nagel — Town of Vail Clerk tnagel@a,vailgov.com Re: Objection by Owner at Vail Mountain Residences on Gore Creek, Inc. ("VMVR") to the Pending Application for Special Development District No. 42 Dear Town of Vail Council Members: I own Unit #205 at VMVR which will be part of Special Development District No. 42 ("SDD") if the Application for SDD No. 42 was approved. I object to the Application as follows: 1. Lack of Notice and Failure of the Applicant to meet the requirement under the Town of Vail Code to procure "written consent of owners of all property to be included in the SDD, or their agents or authorized representatives." No notification of this public process was provided at any time to the Residential Owners at VMVR. The Residential Owners at VMVR have been denied the right to meaningfully address the Application through this public process though our property rights are most impacted by the Application. Mary Anne Redmond, the Applicant's employee, did not have apparent or actual authority to submit an Approval Letter for the SDD Application as the authorized representative of VMVR. (See below for more detail). December 5, 2017 - Page 500 0 2. The SDD removes zoning restrictions at VMVR leading to a significant change in the VMVR community by allowing a much taller and dense building to be constructed which will adversely impact air, light, privacy and the residential feel of VMVR. Phase 2 of VMVR as proposed under the SDD will be a 700 foot tall, high density, mostly transient -occupied building with 34 hotel rooms and lock offs in addition to 22 condos and employee housing units. Phase 2 will be cantilevered over the Phase 1 parking garage entrance potentially blocking access to the parking garage by delivery trucks and taller vehicles. A 2,000 square foot Lobby Deck will abut and overlook the Phase I Private Pool. There has been no proposal provided to date to the Phase 1 Owners on how Phase 2 will interrelate with Phase 1 in terms of assessments, maintenance and use. When I purchased my home at VMVR, it was reasonable for me to rely upon zoning restrictions applying to the Declarant's future Development Rights in relation to Phase 2 thereby protecting my investment. My awareness of the SDD Application occurred recently when a fellow Owner saw an article in the Vail Daily and reached out to me and other Owners. There has been no effort to vet the SDD Application through the Phase I Owners and in fact there has been a disturbing lack of transparency about it from the Applicant whom is also the Commercial Owner at VMVR. The only correspondence I received about Phase 2 at VMVR from the Applicant was in March 2017 through a letter which merely described Phase 2 Plans, while there was no mention or disclosure of the SDD Application. Most disturbing is that on March 27, 2017 Mary Ann Redmond — employee of the Commercial Owner and Applicant for this SDD — signed an "Approval Form" that was submitted to the December 5, 2017 - Page 501 0 Town of Vail stating that the Association had approved the SDD. This occurred without proper Meeting requirements or any notification of the Residential Owners at Phase 1. This "Approval Letter" does not meet the Town Code requirements for such approval and the Application should fail as a threshold requirement of the Application has not been met. As a result of the failure to meet Code and notice requirements, the SDD Application has progressed through the Town of Vail administrative processes without objection or involvement of the Phase 1 Residential Owners despite the great impact the SDD Application will have upon our homes. These actions do not meet the requirements of the Town Code or the spirit of the public process. I also object to the SDD Application as it fails to meet the 9 Criteria for an SDD as follows: 1. Compatibility: This criteria is not met for the following reasons: i. VMVR is small residential project with an underground parking garage located in an area of the Town of Vail that does not have large buildings around it. The proposed SDD and related plans will allow a taller building than Phase I to overshadow and overpower the Phase I building. This will adversely impact light, air, heat energy created by sun and privacy. December 5, 2017 - Page 502 0 ii. A hotel facility coupled with Units that can in essence be used as hotel like rooms (i.e. lock offs) creates a high use that is not consistent with the residential area in which the project is located and adversely impacts Phase I and neighboring properties. This high use creates an adverse carbon footprint for a Town that is moving toward Green certification. iii. Parking is already a major issue and problem for the Phase I portion of the VMVR. Creating a large, dense additional project subject to use by a large volume of people at the same time could highly exacerbate this problem. iv. The Phase II project is proposed to be cantilevered over the current entrance to the Phase I garages making it improbable for trucks and delivery vehicles to pull into the garage entrance area. A separate loading area is needed for Phase I but is not proposed. The cantilevered entrance will change the existing open air aesthetic approach for residents. v. Pedestrian access is compromised. vi. A 2,000 square foot "lobby deck" is proposed for Phase II which will abut and overlook the pool area for Phase I. This creates an incredible invasion of privacy and impact on light, December 5, 2017 - Page 503 0 air and noise around this important Phase I amenity. It also creates a life safety hazard as it creates an attractive nuisance for persons to consider jumping off the Phase II Deck and into the Phase I pool. vii. Abuse of SDD — It was represented to the Owners of Phase I and said Owners relied upon the scope of the original project and Town zoning restrictions when they purchased Units at Phase I. To allow GRFA, height, use and density restrictions to be simply circumvented by an SDD undermines the entire zoning process or ability of any purchaser of property in the Vail Village to rely upon what may or may not be built around them and the protection of their long term value preservation. 2. Relationship: The planned uses, activity or density for Phase II are not compatible with existing Phase I. See above. 3. Parking and Loading: a. The planned location for the loading zone atop a public walkway is not just atypical, it is unsafe and certain to interfere with surrounding uses and activity. b. Parking is already major issue at VMVR and this will substantially aggravate that issue; December 5, 2017 - Page 504 0 c. Delivery trucks and tall vehicles will not be able to access the parking garage or even the parking garage entry area; d. The design will lead to hotel/lock off guests at Phase II to likely park in the Phase I garage entry area at times blocking Phase I Owner access. This creates an emergency vehicle access issue as well. e. To the extent Phase II parking will utilize the Phase I garage it can lead to major enforcement issues for Phase I on parking abuses and poaching as well as allocation of maintenance responsibilities. 4. Comprehensive Plan: a. The deviations from the code associated with the project include: east side setback, building height, density, site coverage, and loading in the front setback. Each of these proposed deviations directly and negatively impacts existing usage and value of the neighboring Phase I development. b. The proposed deviations concerning height, density, mass, and bulk must all be weighed against the perceived public benefit of the Application. Public comment offered in support of the Application during the June 12, 2017 PEC meeting focused exclusively on the addition of Employee Housing Units ("EHUs"). However, the proposed deviations are certain to exceed permissible Gross December 5, 2017 - Page 505 0 Residential Floor Area. As the PEC pointed out, such deviations should not be granted strictly based upon provision of EHUs. The benefit of EHUs does not offset the requested deviations and neighboring owners have not been adequately informed of the extent of the proposed bulk and mass are far beyond anything anticipated for the site when we purchased our units. Thus, the Application is not compatible with the surrounding area. 5. Natural and/or Geologic Hazard: None known except creation of shadows, cold pockets and lack of air and light to Phase I. 6. Design Features: See above in relation to this criteria not being met. 7. Traffic: a. The Application would increase density in relation to the Phase I development and is therefore practically certain to generate additional traffic. In fact, Tom Kassmel of Public Works noted in the June 12, 2017 PEC meeting that proposed uses on the site will generate additional traffic which may have some broader impact on the system 8. Landscaping: The landscaping is very limited and artistic license was made in the submitted plans in this regard. December 5, 2017 - Page 506 0 9. Workable Plan: There has been no proposal on how Phase II is to integrate with Phase I. The 2 Phases are very different uses, different Common Areas and maintenance responsibilities. Section 12-9A-8 requires the Town Council to make the following findings with respect to the proposed SDD: 1. That the SDD complies with the nine (9) criteria, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. December 5, 2017 - Page 507 0 I object to a finding by the Town Council that any of the foregoing matters have been established per what I stated above. I respectfully request that the Application be denied. December 5, 2017 - Page 508 0 Mark M. Caplan 6 Cotswold Road Baltimore, Maryland 21210 410.435.1546 1 Fax 410.435.1553 August 14,2017 Town of Vail Council Members 75 S. Frontage Road Vail, CO 81657 Mr. Jonathan Spence Town of Vail — Planning Department 75 S. Frontage Road Vail, CO 81657 Tammy Nagel Town of Vail Clerk 75 6. Frontage Road Vail, CO 81657 Re: Objection by owner at Vail Mountain View Residences on Gore Creek, Inc. ("VMVR") to the Pending Application for Special Development District No. 43 Dear Town of Vail Council Members: We own Unit 306 at VMVR which will be part of special development district No. 42 ("SDD") if the application for SDD No. 42 was approved. We suggest that you not approve this application at this point in time. Our reasoning is fairly simple. The most affected group (the unit owners of Phase 1) have not been allowed the opportunity for input in any material way. The developer must have been concerned that we might have opinions contrary to his request and therefore did not formally notice the other association owners of -this application, did not formally send us plans or specifications of the proposed development, and unilaterally, (without a formal vote) had his designee, (Mary Ann Redmond) send to planning a notice of approval by the association. Had the first two occurred, we would have engaged in conversation, suggested changes, and hopefully compromised which would have enabled a non -conflicted notice of approval from the association, which is now not the Case_ Defer your decision, give us the time to review, so all have the opportunity to thoughtful and ultimately proud of the result. There are certainly beneficial aspects to the new project but there are also some unaddressed challenges. By allowing this application to move forward at this point, you have allowed yourselves to become complicit in the developer's overt attempt to circumvent the cleat intent of Town of Vail requirements for such approval. Thank you for your consideration. Lind d Mark Caplan MMC:kec cc: Kerry Wallace December 5, 2017 - Page 509 From: Cindy Biondi To: Tammy Nagel; Council Dist List; Jonathan Spence Subject: Objection to Application for TOV SDD #42 Date: Monday, August 14, 2017 9:42:23 AM As owner of Unit 404 at Vail Mountain View Residences (Phase I), I object strongly to the application for SDD #42, which would allow the development of a large, dense building (Phase II) that would strain the resources of our community and be inconsistent with the quiet, residential character of our sweet neighborhood on Gore Creek. I, and my fellow owners at VMVR Phase I, at least deserve a delay of vote so that we all can converse with the project developer about the design of the new building. Issues with inadequate parking, handicap parking access, pedestrian access, building height, setbacks, loading/delivery access, deck overhang on our pool area, remain to be resolved by the developer. Your quick approval of yet another SDD in Vail would throw zoning regulations out the window and allow the developer (outsider Pete Carlson) to bypass our carefully thought-out local town rules in order to increase his profitability. The precedent that this sets, so close to our beautiful Ford Park, is alarming. What's next? While I wholeheartedly approve of the inclusion of employee housing units in the new phase, I am concerned that the density and size of a new building that dwarfs the Phase I structure is not compatible with our Gore Creek community. Why not require the developer to work within existing town regulations to create a lovely, appropriate space that combines employee housing, boutique hotel, and residential condos to fit within the existing charming neighborhood? When I purchased at VMVR Phase I, I knew there would be an additional building built some day, but assumed that it would follow the TOV zoning rules. Wouldn't you? I appreciate your consideration, and urge you, respectfully, to consider the ramifications of approving another SDD in Vail, and the dangerous precedent that it sets, or continues. Please, let's allow more time to tailor the project to suit the neighborhood, the existing zoning rules, and our beautiful town of Vail. Thank you! Cynthia G. Biondi Owner VMVR #404 December 5, 2017 - Page 510 0 Town of Vail Council towncouncil@vailgov.com Mr. Jonathan Spence Town of Vail — Planning Department j spence(a7vailgov.com Tammy Nagel — Town of Vail Clerk tnagelgvailgov.com Re: Objection by Owner at Vail Mountain Residences on Gore Creek, Inc. ("VMVR") to the Pending Application for Special Development District No. 42 Dear Town of Vail Council Members: I am a frequent guest at Unit 302 at VMVR which will be part of Special Development District No. 42 ("SDD") if the Application for SDD No. 42 was approved. I object to the Application as follows: 1. Lack of Notice and Failure of the Applicant to meet the requirement under the Town of Vail Code to procure "written consent of owners of all property to be included in the SDD, or their agents or authorized representatives." No notification of this public process was provided at any time to the Residential Owners at VMVR. The Residential Owners at VMVR have been denied the right to meaningfully address the Application through this public process though their property rights are most impacted by the Application. Mary Anne Redmond, the Applicant's employee, did not have apparent or actual authority to submit an Approval Letter for the SDD Application as the authorized representative of VMVR. (See below for more detail). December 5, 2017 - Page 511 c 2. The SDD removes zoning restrictions at VMVR leading to a significant change in the VMVR community by allowing a much taller and dense building to be constructed which will adversely impact air, light, privacy and the residential feel of VMVR. As a frequent guest of this property, I am aware that the purchase of this unit was painstakingly made considering all the current zoning expectations, and also the expectation that normal legal processes would allow for reconsideration should the community change materially. There has been no proposal provided to date to the Phase 1 Owners on how Phase 2 will interrelate with Phase 1 in terms of assessments, maintenance and use. I also object to the SDD Application as it fails to meet the 9 Criteria for an SDD as follows: 1. Compatibility: This criteria is not met for the following reasons: i. VMVR is small residential project with an underground parking garage located in an area of the Town of Vail that does not have large buildings around it. The proposed SDD and related plans will allow a taller budding than Phase I to overshadow and overpower the Phase I building. This will adversely impact light, air, heat energy created by sun and privacy. ii. A hotel facility coupled with Units that can in essence be used as hotel like rooms (i.e. lock offs) creates a high use that is not December 5, 2017 - Page 512 c consistent with the residential area in which the project is located and adversely impacts Phase I and neighboring properties. This high use creates an adverse carbon footprint for a Town that is moving toward Green certification. iii. Parking is already a major issue and problem for the Phase I portion of the VMVR. Creating a large, dense additional project subject to use by a large volume of people at the same time could highly exacerbate this problem. iv. The Phase II project is proposed to be cantilevered over the current entrance to the Phase I garages making it improbable for trucks and delivery vehicles to pull into the garage entrance area. A separate loading area is needed for Phase I but is not proposed. v. Pedestrian access is compromised. vi. A 2,000 square foot "lobby deck" is proposed for Phase II which will abuts and overlooks the pool area for Phase I. This creates an incredible invasion of privacy and impact on light, air and noise around this important Phase I amenity. It also creates a life safety hazard as it creates an attractive nuisance December 5, 2017 - Page 513 c for persons to jump off the Phase II Deck and into the Phase I pool. vii. Abuse of SDD — It was represented to the Owners of Phase I and said Owners relied upon the scope of the original project and Town zoning restrictions when they purchased Units at Phase I. To allow GRFA, height, use and density restrictions to be simply circumvented by an SDD undermines the entire zoning process or ability of any purchaser of property in the Vail Village to rely upon what may or may not be built around them. 2. Relationship: The planned uses, activity or density for Phase II are not compatible with existing Phase I. See above. 3. Parking and Loading: a. The planned location for the loading zone atop a public walkway is not just atypical, it is unsafe and certain to interfere with surrounding uses and activity. b. Parking is already major issue at VMVR and this will substantially aggravate that issue; c. Delivery trucks and tall vehicles will not be able to access the parking garage or even the parking garage entry area; December 5, 2017 - Page 514 c d. The design will lead to guests at Phase II to park in the Phase I garage entry area blocking Phase I Owner access. This creates an emergency vehicle access issue as well. e. To the extent Phase II parking will utilize the Phase I garage it can lead to major enforcement issues for Phase 1 on parking abuses and poaching as well as allocation of maintenance responsibilities. 4. Comprehensive Plan: a. The deviations from the code associated with the project include: east side setback, building height, density, site coverage, and loading in the front setback. Each of these proposed deviations directly and negatively impacts existing usage and value of the neighboring Phase I development. b. The proposed deviations concerning height, density, mass, and bulk must all be weighed against the perceived public benefit of the Application. Public comment offered in support of the Application during the June 12, 2017 PEC meeting focused exclusively on the addition of Employee Housing Units ("EHUs"). However, the proposed deviations are certain to exceed permissible Gross Residential Floor Area. As the PEC pointed out, such deviations should not be granted strictly based upon provision of EHUs. The December 5, 2017 - Page 515 c benefit of EHUs does not offset the requested deviations and neighboring owners have not been adequately informed of the extent of the proposed bulk and mass are far beyond anything anticipated for the site. Thus, the Application is not compatible with the surrounding area. 5. Natural and/or Geologic Hazard: None known except creation of shadows, cold pockets and lack of air and light to Phase I. 6. Design Features: See above in relation to this criteria not being met. 7. Traffic: a. The Application would increase density in relation to the Phase I development and is therefore practically certain to generate additional traffic. In fact, Tom Kassmel of Public Works noted in the June 12, 2017 PEC meeting that proposed uses on the site will generate additional traffic which may have some broader impact on the system 8. Landscaping: The landscaping is very limited and artistic license was made in the submitted plans in this regard. 9. Workable Plan: There has been no proposal on how Phase II is to integrate with Phase I. The 2 Phases are very different uses, different Common Areas and maintenance responsibilities. December 5, 2017 - Page 516 c Section 12-9A-8 requires the Town Council to make the following findings with respect to the proposed SDD: 1. That the SDD complies with the nine (9) criteria, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. December 5, 2017 - Page 517 c My travel to Vail is blessed with a beautiful place to stay, one that we cherish as a group of friends. In fact one of the reasons for travel to Vail is this unique setting. I object to a finding by the Town Council that any of the foregoing matters have been established per what I stated above. I respectfully request that the Application be denied. Sincerely, Todd Randall 5042 Wilshire Blvd, #36058 Los Angeles, CA 90036 December 5, 2017 - Page 518 c From: Jolly, Eileen To: Jonathan Spence Subject: Objection to the Pending Application for Special Development District No. 42 Date: Monday, August 14, 2017 5:57:40 PM Mr. Spence and Town of Vail Council Members: I am a frequent visitor to Vail Mountain Residence on Gore Creek, Inc. (VMVR) which will be part of Special Development District No. 42 ("SDD") if the Application for SDD No. 42 was approved. I object to the Application as follows: 1. Lack of Notice and Failure of the Applicant to meet the requirement under the Town of Vail Code to procure "written consent of owners of all property to be included in the SDD, or their agents or authorized representatives." No notification of this public process was provided at any time to the Residential Owners at VMVR. The Residential Owners at VMVR have been denied the right to meaningfully address the Application through this public process though our property rights are most impacted by the Application. Mary Anne Redmond, the Applicant's employee, did not have apparent or actual authority to submit an Approval Letter for the SDD Application as the authorized representative of VMVR. (See below for more detail). 2. The SDD removes zoning restrictions at VMVR leading to a significant change in the VMVR community by allowing a much taller and dense building to be constructed which will adversely impact air, Tight, privacy and the residential feel of VMVR. When I purchased my Unit at VMVR I relied upon zoning restrictions applying to the Declarant's future Development Rights in relation to Phase 2 which Declarant represented to me would be applicable thereby protecting my investment. Phase 2 of VMVR as proposed under the SDD will be a 700 foot tall, high density, mostly transient -occupied building with 34 hotel rooms and lock offs in addition to 22 condos and employee housing units. Phase 2 will be cantilevered over the Phase 1 parking garage entrance potentially blocking access to the parking garage by delivery trucks and taller vehicles. A 2,000 square foot Lobby Deck will overhang the Pool. There has been no proposal provided to date to the Phase 1 Owners on how Phase 2 will interrelate with Phase 1 in terms of assessments, maintenance and use. My awareness of the SDD Application occurred recently when a fellow Owner saw an article in the Vail Daily and reached out to me and other Owners. There has been no effort to vet the SDD Application through the Phase I Owners and in fact there has been a disturbing lack of transparency about it from the Applicant whom is also the Commercial Owner at VMVR. The only correspondence I received about Phase 2 at VMVR from the Applicant was in March 2017 which merely stated that Phase 2 as initially planned in 2007 was going forward. There was no mention or disclosure of the SDD Application. Most disturbing is that on March 27, 2017 Mary Ann Redmond — employee of the Commercial Owner and Applicant for this SDD — signed an "Approval Form" that was submitted to the Town of Vail stating that the Association had approved the SDD. This occurred without proper Meeting requirements or any notification of the Residential Owners at Phase 1. This "Approval Letter" does not meet the Town Code requirements for such approval and the Application should fail as a threshold requirement of the Application has not been met. As a result of the failure to meet Code and notice requirements, the SDD Application has December 5, 2017 - Page 519 0 progressed through the Town of Vail administrative processes without objection or involvement of the Phase 1 Residential Owners despite the great impact the SDD Application will have upon our homes. These actions do not meet the requirements of the Town Code or the spirit of the public process. I also object to the SDD Application as it fails to meet the 9 Criteria for an SDD as follows: 1. Compatibility: This criteria is not met for the following reasons: i. VMVR is small residential project with an underground parking garage located in an area of the Town of Vail that does not have large buildings around it. The proposed SDD and related plans will allow a taller building than Phase I to overshadow and overpower the Phase I building. This will adversely impact light, air, heat energy created by sun and privacy. ii. A hotel facility coupled with Units that can in essence be used as hotel like rooms (i.e. lock offs) creates a high use that is not consistent with the residential area in which the project is located and adversely impacts Phase I and neighboring properties. This high use creates an adverse carbon footprint for a Town that is moving toward Green certification. iii. Parking is already a major issue and problem for the Phase I portion of the VMVR. Creating a large, dense additional project subject to use by a large volume of people at the same time could highly exacerbate this problem. iv. The Phase II project is proposed to be cantilevered over the current entrance to the Phase I garages making it improbable for trucks and delivery vehicles to pull into the garage entrance area. A separate loading area is needed for Phase I but is not proposed. v. Pedestrian access is compromised. vi. A 2,000 square foot "lobby deck" is proposed for Phase 11 which will abuts and overlooks the pool area for Phase 1. This creates an incredible invasion of privacy and impact on Tight, air and noise around this important Phase 1 amenity. It also creates a life safety hazard as it creates an attractive nuisance for persons to jump off the Phase 11 Deck and into the Phase I pool. vii. Abuse of SDD — It was represented to the Owners of Phase 1 and said Owners relied upon the scope of the original project and Town zoning restrictions when they purchased Units at Phase I. To allow GRFA, height, use and density restrictions to be simply circumvented by an SDD undermines the entire zoning process or ability of any purchaser of property in the Vail Village to rely upon what may or may not be built around them. 2. Relationship: The planned uses, activity or density for Phase 11 are not compatible with existing December 5, 2017 - Page 520 0 Phase I. See above. 3. Parking and Loading: a. The planned location for the loading zone atop a public walkway is not just atypical, it is unsafe and certain to interfere with surrounding uses and activity. b. Parking is already major issue at VMVR and this will substantially aggravate that issue; c. Delivery trucks and tall vehicles will not be able to access the parking garage or even the parking garage entry area; d. The design will lead to guests at Phase II to park in the Phase I garage entry area blocking Phase I Owner access. This creates an emergency vehicle access issue as well. e. To the extent Phase II parking will utilize the Phase I garage it can lead to major enforcement issues for Phase I on parking abuses and poaching as well as allocation of maintenance responsibilities. 4. Comprehensive Plan: a. The deviations from the code associated with the project include: east side setback, building height, density, site coverage, and loading in the front setback. Each of these proposed deviations directly and negatively impacts existing usage and value of the neighboring Phase I development. b. The proposed deviations concerning height, density, mass, and bulk must all be weighed against the perceived public benefit of the Application. Public comment offered in support of the Application during the June 12, 2017 PEC meeting focused exclusively on the addition of Employee Housing Units ("EHUs"). However, the proposed deviations are certain to exceed permissible Gross Residential Floor Area. As the PEC pointed out, such deviations should not be granted strictly based upon provision of EHUs. The benefit of EHUs does not offset the requested deviations and neighboring owners have not been adequately informed of the extent of the proposed bulk and mass are far beyond anything anticipated for the site. Thus, the Application is not compatible with the surrounding area. 5. Natural and/or Geologic Hazard: None known except creation of shadows, cold pockets and lack of air and light to Phase I. 6. Design Features: See above in relation to this criteria not being met. 7. Traffic: December 5, 2017 - Page 521 0 a. The Application would increase density in relation to the Phase I development and is therefore practically certain to generate additional traffic. In fact, Tom Kassmel of Public Works noted in the June 12, 2017 PEC meeting that proposed uses on the site will generate additional traffic which may have some broader impact on the system 8. Landscaping: The landscaping is very limited and artistic license was made in the submitted plans in this regard. 9. Workable Plan: There has been no proposal on how Phase II is to integrate with Phase I. The 2 Phases are very different uses, different Common Areas and maintenance responsibilities. Section 12-9A-8 requires the Town Council to make the following findings with respect to the proposed SDD: 1. That the SDD complies with the nine (9) criteria, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. I object to a finding by the Town Council that any of the foregoing matters have been established per what I stated above. I respectfully request that the Application be denied. Sincerely, Eileen Eileen O'Neill Jolly, CPCU Sr. Vice President RT ProExec Professional & Executive Liability cell: 619-823-7739 email: ejolly©a rtspecialty.com December 5, 2017 - Page 522 0 EIProEXOC RT ProExec is a division of R-T Specialty, LLC, in California: R-T Specialty Insurance Services, LLC, License #0G97516 December 5, 2017 - Page 523 0 Town of Vail Council towncouncil@vailgov.com Mr. Jonathan Spence Town of Vail — Planning Department jspence©vailgov.com Tammy Nagel — Town of Vail Clerk tnagel@vailgov.com Re: Objection by a frequent visitor to Vail Mountain Residences on Gore Creek, Inc. ("VMVR") to the Pending Application for Special Development District No. 42 Dear Town of Vail Council Members: My wife and I frequently come visit our daughter - Owner of Unit 302 at VMVR that will be part of Special Development District No. 42 ("SDD") if the Application for SDD No. 42 were approved. Our comments and abhorrence of Phase Two as proposed are from the viewpoint of those who greatly enjoy staying at VMVR as well as Vail and it's environment. We simply can't envision a tall high-rise crowding so close to VMVR such that parking for the new structure cantilevers over the current parking entrance and that a lobby will directly overlook the pool we enjoy so privately. The thought of the high-rise overlooking, within a few feet, of the windows of the bedrooms we use and obscuring the lovely view of the mountain slopes is devastating. We can only imagine how this will damage the quality of the air and light breezes that have been a joy on our visits. Parking is already a huge issue even amongst Phase 1 Owners. Phase 1 has 68 bedrooms and less than 30 designated spaces unless the Owners have purchased an additional space. My wife is disabled and there is no handicap parking available at all — a violation of the American With December 5, 2017 - Page 524 0 Disabilities Act and making access difficult as there are only three visitor spots and only one is large enough for her to get in and out of the car properly. That spot is hardly ever available. While we are not permanent residents or owners in Vail, we have generally have been impressed with Vail governance and how development has been carefully controlled. As we read through the following protest letter, it does appear that the process for the Phase 2 has truly been underhanded and shady. It is hard to believe how the owners and residents of VMVR have been deliberately excluded from communication and input on Phase 2. We would hope that the entire community at Vail would carefully follow the actions of Town of Vail Council regarding this proposal and hold the Council to the highest standards of governance and honest judgment. Ultimately, the Council's actions will be observed and assessed far beyond the bounds of Vail and it's surrounding area. As regular Tourists/Visitors to Vail, we object along with VMVR Unit Owners to the Application as follows: 1. Lack of Notice and Failure of the Applicant to meet the requirement under the Town of Vail Code to procure "written consent of owners of all property to be included in the SDD, or their agents or authorized representatives." No notification of this public process was provided at any time to the Residential Owners at VMVR. The Residential Owners at VMVR have been denied the right to meaningfully address the Application through this public process though our property rights are most impacted by the Application. Mary Anne Redmond, the Applicant's December 5, 2017 - Page 525 0 employee, did not have apparent or actual authority to submit an Approval Letter for the SDD Application as the authorized representative of VMVR. (See below for more detail). 2. The SDD removes zoning restrictions at VMVR leading to a significant change in the VMVR community by allowing a much taller and dense building to be constructed which will adversely impact air, light, privacy and the residential feel of VMVR. When most owners purchased their residences at VMVR I, they relied upon zoning restrictions applying to the Declarant's future Development Rights in relation to Phase 2 which Declarant represented to them would be applicable thereby protecting their investments. Phase 2 of VMVR as proposed under the SDD will be a 70 -foot -tall, (90 to 100 feet tall from the front door of Phase 2 LEVEL TWO exterior front door) high density, mostly transient - occupied building with 34 hotel rooms and lock offs in addition to 22 condos and employee housing units. There has been no proposal provided to date to the Phase 1 Owners on how Phase 2 will interrelate with Phase 1 in terms of assessments, maintenance, and use. My awareness of the SDD Application occurred recently when a fellow Owner saw an article in the Vail Daily and reached out to me and other Owners. There has been no effort to vet the SDD Application through the Phase I Owners and in fact there has been a disturbing lack of transparency about it from the Applicant whom is also the Commercial Owner at VMVR. The only correspondence that Owners received about Phase 2 at VMVR from the Applicant was in March 2017 which merely December 5, 2017 - Page 526 0 stated that Phase 2 as initially planned in 2007 was going forward. There was no mention or disclosure of the SDD Application. Most disturbing is that on March 27, 2017 Mary Ann Redmond — employee of the Commercial Owner and Applicant for this SDD — signed an "Approval Form" that was submitted to the Town of Vail stating that the Association had approved the SDD. This occurred without proper Meeting requirements or any notification of the Residential Owners at Phase 1. This "Approval Letter" does not meet the Town Code requirements for such approval and the Application should fail as a threshold requirement of the Application has not been met. As a result of the failure to meet Code and notice requirements, the SDD Application has progressed through the Town of Vail administrative processes without objection or involvement of the Phase 1 Residential Owners despite the great impact the SDD Application will have upon our homes. These actions do not meet the requirements of the Town Code or the spirit of the public process. also object to the SDD Application as it fails to meet the 9 Criteria for an SDD as follows: 1. Compatibility: This criteria is not met for the following reasons: i. VMVR is small residential project with an underground parking garage located in an area of the Town of Vail that does not have large buildings around it. The proposed SDD and related plans will allow a taller December 5, 2017 - Page 527 0 building than Phase I to overshadow and overpower the Phase I building. This will adversely impact light, air, heat energy created by sun and privacy. ii. A hotel facility coupled with Units that can in essence be used as hotel like rooms (i.e. lock offs) creates a high use that is not consistent with the residential area in which the project is located and adversely impacts Phase I and neighboring properties. This high use creates an adverse carbon footprint for a Town that is moving toward Green certification. iii. Parking is already a major issue and problem for the Phase I portion of the VMVR. Creating a large, dense additional project subject to use by a large volume of people at the same time could highly exacerbate this problem. iv. The Phase II project is proposed to be cantilevered over the current entrance to the Phase I garages making it improbable for trucks and delivery vehicles to pull into the garage entrance area. A separate loading area is needed for Phase I but is not proposed. December 5, 2017 - Page 528 0 v. Pedestrian access is compromised. vi. A 2,000 square foot "lobby deck" is proposed for Phase II which will abuts and overlooks the pool area for Phase I. This creates an incredible invasion of privacy and impact on light, air and noise around this important Phase I amenity. It also creates a life safety hazard as it creates an attractive nuisance for persons to jump off the Phase II Deck and into the Phase I pool. vii. Abuse of SDD — It was represented to the Owners of Phase I and said Owners relied upon the scope of the original project and Town zoning restrictions when they purchased Units at Phase I. To allow GRFA, height, use and density restrictions to be simply circumvented by an SDD undermines the entire zoning process or ability of any purchaser of property in the Vail Village to rely upon what may or may not be built around them. 2. Relationship: The planned uses, activity or density for Phase II are not compatible with existing Phase I. See above. 3. Parking and Loading: December 5, 2017 - Page 529 0 a. The planned location for the loading zone atop a public walkway is not just atypical, it is unsafe and certain to interfere with surrounding uses and activity. b. Parking is already major issue at VMVR and this will substantially aggravate that issue; c. Delivery trucks and tall vehicles will not be able to access the parking garage or even the parking garage entry area; d. The design will lead to guests at Phase II to park in the Phase garage entry area blocking Phase I Owner access. This creates an emergency vehicle access issue as well. e. To the extent Phase II parking will utilize the Phase I garage it can lead to major enforcement issues for Phase I on parking abuses and poaching as well as allocation of maintenance responsibilities. 4. Comprehensive Plan: a. The deviations from the code associated with the project include: east side setback, building height, density, site coverage, and loading in the front setback. Each of these proposed deviations directly and negatively impacts existing usage and value of the neighboring Phase I development. December 5, 2017 - Page 530 0 b. The proposed deviations concerning height, density, mass, and bulk must all be weighed against the perceived public benefit of the Application. Public comment offered in support of the Application during the June 12, 2017 PEC meeting focused exclusively on the addition of Employee Housing Units ("EHUs"). However, the proposed deviations are certain to exceed permissible Gross Residential Floor Area. As the PEC pointed out, such deviations should not be granted strictly based upon provision of EHUs. The benefit of EHUs does not offset the requested deviations and neighboring owners have not been adequately informed of the extent of the proposed bulk and mass are far beyond anything anticipated for the site. Thus, the Application is not compatible with the surrounding area. 5. Natural and/or Geologic Hazard: None known except creation of shadows, cold pockets and lack of air and light to Phase I. 6. Design Features: See above in relation to this criteria not being met. 7. Traffic: a. The Application would increase density in relation to the Phase development and is therefore practically certain to generate December 5, 2017 - Page 531 0 additional traffic. In fact, Tom Kassmel of Public Works noted in the June 12, 2017 PEC meeting that proposed uses on the site will generate additional traffic which may have some broader impact on the system 8. Landscaping: The landscaping is very limited and artistic license was made in the submitted plans in this regard. 9. Workable Plan: There has been no proposal on how Phase 11 is to integrate with Phase I. The 2 Phases are very different uses, different Common Areas and maintenance responsibilities. Section 12-9A-8 requires the Town Council to make the following findings with respect to the proposed SDD: 1. That the SDD complies with the nine (9) criteria, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and December 5, 2017 - Page 532 0 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. object to a finding by the Town Council that any of the foregoing matters have been established per what I stated above. I respectfully request that the Application be denied. Sincerely, Mike and Alice Widmier December 5, 2017 - Page 533 0 Town of Vail Council towncouncil@vailgov.com Mr. Jonathan Spence Town of Vail — Planning Department j spence(@vailgov.com Tammy Nagel — Town of Vail Clerk tnagel@vailgov.com Re: Objection by Owner at Vail Mountain Residences on Gore Creek, Inc. ("VMVR") to the Pending Application for Special Development District No. 42 Dear Town of Vail Council Members: I own Unit 104 at VMVR which will be part of Special Development District No. 42 ("SDD") if the Application for SDD No. 42 is approved. By now you will have received a number of similar letters from my fellow homeowners. Not living in Vail full time, I do not have the same perspective as my neighbors who spend more of their time at VMVR. However, I have been quite taken aback by the emotion and concern that they have shown throughout the past several weeks. The only explanation I have for that type of concern is either when someone feels they have been misled, or when someone feels they have not been fully represented. Unfortunately, both of these have occurred with regard to this SDD Application process. I do not know Ron Byrne nor Pete Carlson. I am, however, a strong supporter of private enterprise, in particular private development I appreciate that even a small, well established village like Vail needs to grow over time. As such, I am willing to sacrifice some personal enjoyment/interests for that to happen, as all December 5, 2017 - Page 534 0 villagers should to some extent. That being said, homeowners in the neighborhoods where this development occurs need to have a voice and have their opinions and ideas heard about that growth and development. It does not appear this has been allowed to happen, certainly in any reasonable time frame and with any reasonable notice. The legalities stated below by our counsel clarify this point. However, I find it strange that the current and future developer of this property would attempt to avoid communication with the current homeowners, the most recent communication this past week notwithstanding. It is such an easy thing to do and would have been in the spirit of "the neighborhood". I do suppose that if I were in their shoes trying to get this project off the ground, and to make money doing it, I would want minimal distractions and would rely on my legal protections as much as possible to accomplish that. I ask that the Town Council strongly encourage the developers to properly engage current homeowners and allow reasonable time for our perceived issues to be addressed. We may realize, or may eventually be told that, the greater good trumps the interests of a few, but at least we will have had a voice. Without that, the neighbors and neighborhood will become resentful of each other, until either those negatively affected leave, or the developers are proven right over time. Below please find the primary concerns that I have. I have chosen not to include our association's analysis of the 9 SDD criteria as I am sure you have received it from other VMVR homeowners. My primary concerns are the lack of communication and transparency by the Applicant, and the potentially negative impact on our HOA fees and general enjoyment of our homes, as we understood it to be when we purchased them. I object to the Application as follows: December 5, 2017 - Page 535 0 1. Lack of Notice and Failure of the Applicant to meet the requirement under the Town of Vail Code to procure "written consent of owners of all property to be included in the SDD, or their agents or authorized representatives." No notification of this public process was provided at any time to the Residential Owners at VMVR. The Residential Owners at VMVR have been denied the right to meaningfully address the Application through this public process though our property rights are most impacted by the Application. Mary Anne Redmond, the Applicant's employee, did not have apparent or actual authority to submit an Approval Letter for the SDD Application as the authorized representative of VMVR. (See below for more detail). 2. The SDD removes zoning restrictions at VMVR leading to a significant change in the VMVR community by allowing a much taller and dense building to be constructed which will adversely impact air, light, privacy and the residential feel of VMVR. When I purchased my Unit at VMVR I relied upon zoning restrictions applying to the Declarant's future Development Rights in relation to Phase 2 which Declarant represented to me would be applicable thereby protecting my investment. Phase 2 of VMVR as proposed under the SDD will be a 700 foot tall, high density, mostly transient -occupied building with 34 hotel rooms and lock offs in addition to 22 condos and employee housing units. Phase 2 will be cantilevered over the Phase 1 parking garage entrance potentially blocking access to the parking garage by delivery trucks and taller vehicles. A 2,000 square foot Lobby Deck will overhang the Pool. There has been no proposal provided to date to the Phase 1 Owners on how Phase 2 will interrelate with Phase 1 in terms of assessments, maintenance and use. December 5, 2017 - Page 536 0 My awareness of the SDD Application occurred recently when a fellow Owner saw an article in the Vail Daily and reached out to me and other Owners. There has been no effort to vet the SDD Application through the Phase I Owners and in fact there has been a disturbing lack of transparency about it from the Applicant whom is also the Commercial Owner at VMVR. The only correspondence I received about Phase 2 at VMVR from the Applicant was in March 2017 which merely stated that Phase 2 as initially planned in 2007 was going forward. There was no mention or disclosure of the SDD Application. Most disturbing is that on March 27, 2017 Mary Ann Redmond — employee of the Commercial Owner and Applicant for this SDD — signed an "Approval Form" that was submitted to the Town of Vail stating that the Association had approved the SDD. This occurred without proper Meeting requirements or any notification of the Residential Owners at Phase 1. This "Approval Letter" does not meet the Town Code requirements for such approval and the Application should fail as a threshold requirement of the Application has not been met. As a result of the failure to meet Code and notice requirements, the SDD Application has progressed through the Town of Vail administrative processes without objection or involvement of the Phase 1 Residential Owners despite the great impact the SDD Application will have upon our homes. These actions do not meet the requirements of the Town Code or the spirit of the public process. I object to a finding by the Town Council that any of the foregoing matters have been established per what I stated above. I respectfully request that the Application be denied, or that the Application be delayed to allow property owners such as myself the minimal amount of time to understand the true impact on our homes. PSL December 5, 2017 - Page 537 0 Town of Vail Council towncouncil@vailgov.com Mr. Jonathan Spence Town of Vail — Planning Department jspence@vailgov.com Tammy Nagel — Town of Vail Clerk tnagel@vailgov.com Re: Objection by Owner at Vail Mountain Residences on Gore Creek, Inc. ("VMVR") to the Pending Application for Special Development District No. 42 Dear Town of Vail Council Members: VMVR 304, Inc. owns Unit 304 at VMVR which will be part of Special Development District No. 42 ("SDD") if the Application for SDD No. 42 was approved. We object to the Application for the following general reasons: 1. Lack of Notice and Failure to procure "written consent of owners of all property to be included in the SDD, or their agents or authorized representatives." We were not informed of this public process to discuss a new SDD at any time (we basically found out through unrelated articles and comments), we have not had an opportunity to express our concerns and input with regard to the proposed Phase II. 2. The SDD removes zoning restrictions at VMVR leading to a significant change in the VMVR community by allowing a much taller and dense building to be constructed which will adversely impact Phase 1 and the surrounding area. When we bought our unit we knew that a Phase II could eventually be developed, but we always thought that the proposed building would be a residential building similar December 5, 2017 - Page 538 0 to that of Phase I, and that the issue will be brought to the owner's association and that our comments and suggestions would be heard. As mentioned in point one above, we were never informed of the zoning change request and we never thought a project would require a SDD ruling (nor that an application was filed). We did not know this would be an extremely high building (almost seven stories when you consider the two levels of the foundation already built adjacent to Phase I). We never expected that the project would have such high density and would include 34 hotel rooms and lock offs in addition to 22 condos and employee housing units. We are deeply concerned that the area destined for Phase II will not withstand a project of such magnitude and that the whole area and adjacent buildings will be extremely negatively affected. The planned uses, activity or density for Phase II are just not compatible with existing Phase I and the area as a whole. We are aware that there is a need in Vail to build more employee units, but we feel this is being used to deviate from the existing code and logic of a project in that space and that area. Such deviations (density, height, air, landscaping, traffic, loading) directly and negatively impact existing usage and value of the neighboring Phase I development. Council members: Put yourselves in our position for a minute. What would you think and do if you recently found out (less than 3 weeks ago), that the President of the Board of the Condominium you Iive in supported an application for a Special Development District that changes the density and zoning as this December 5, 2017 - Page 539 0 proposal does without following any governance procedures or notifying the owners in any way? What would you like the Council members vote for? 1. Approve the change without the owners' consent. 2. Deny the change unless owners are heard and taken into consideration. Based on the above we respectfully request that the Application be denied, that the concerns of Phase I owners are heard, and more importantly that whatever ends up being built in the existing foundation of Phase II meets the logic of the limited area and what we want in Vail. Kind Regards, Eduardo Flores Alonso - Dir tor Jose Alejandro Ortega Aguayo - Director December 5, 2017 - Page 540 0 Town of Vail Council towncouncil@vailgov.com Mr. Jonathan Spence Town of Vail — Planning Department j spence@vailgov.com Tammy Nagel — Town of Vail Clerk tnagel@vailgov.com Re: Objection by Owner at Vail Mountain Residences on Gore Creek, Inc. ("VMVR") to the Pending Application for Special Development District No. 42 Dear Town of Vail Council Members: I own Unit 302 at VMVR which will be part of Special Development District No. 42 ("SDD") if the Application for SDD No. 42 was approved. I object to the Application as follows: 1 1. Lack of Notice and Failure of the Applicant to meet the requirement under the Town of Vail Code to procure "written consent of owners of all property to be included in the SDD, or their agents or authorized representatives." No notification of this public process was provided at any time to the Residential Owners at VMVR. The Residential Owners at VMVR have been denied the right to meaningfully address the Application through this public process though our property rights are most impacted by the Application. Mary Anne Redmond, the Applicant's employee, did not have apparent or actual authority to submit an Approval Letter for the SDD Application as the authorized representative of VMVR. (See below for more detail). December 5, 2017 - Page 541 0 2. The SDD removes zoning restrictions at VMVR leading to a significant change in the VMVR community by allowing a much taller and dense building to be constructed which will adversely impact air, light, privacy and the residential feel of VMVR. When I purchased my Unit at VMVR I relied upon zoning restrictions applying to the Declarant's future Development Rights in relation to Phase 2 which Declarant represented to me would be applicable thereby protecting my investment. Phase 2 of VMVR as proposed under the SDD will be a 700 foot tall, high density, mostly transient -occupied building with 34 hotel rooms and lock offs in addition to 22 condos and employee housing units. Phase 2 will be cantilevered over the Phase 1 parking garage entrance potentially blocking access to the parking garage by delivery trucks and taller vehicles. A 2,000 square foot Lobby Deck will overhang the Pool. There has been no proposal provided to date to the Phase 1 Owners on how Phase 2 will interrelate with Phase 1 in terms of assessments, maintenance and use. My awareness of the SDD Application occurred recently when a fellow Owner saw an article in the Vail Daily and reached out to me and other Owners. There has been no effort to vet the SDD Application through the Phase I Owners and in fact there has been a disturbing lack of transparency about it from the Applicant whom is also the Commercial Owner at VMVR. The only correspondence I received about Phase 2 at VMVR from the Applicant was in March 2017 which merely stated that Phase 2 as initially planned in 2007 was going forward. There was no mention or disclosure of the SDD Application. Most disturbing is that on March 27, 2017 Mary Ann Redmond — employee of the Commercial Owner and Applicant for this SDD — signed an "Approval Form" that was submitted to the Town of Vail stating that the Association had approved the 2 December 5, 2017 - Page 542 0 SDD. This occurred without proper Meeting requirements or any notification of the Residential Owners at Phase 1. This "Approval Letter" does not meet the Town Code requirements for such approval and the Application should fail as a threshold requirement of the Application has not been met. As a result of the failure to meet Code and notice requirements, the SDD Application has progressed through the Town of Vail administrative processes without objection or involvement of the Phase 1 Residential Owners despite the great impact the SDD Application will have upon our homes. These actions do not meet the requirements of the Town Code or the spirit of the public process. I also object to the SDD Application as it fails to meet the 9 Criteria for an SDD as follows: 1. Compatibility: This criteria is not met for the following reasons: i. VMVR is small residential project with an underground parking garage located in an area of the Town of Vail that does not have large buildings around it. The proposed SDD and related plans will allow a taller building than Phase I to overshadow and overpower the Phase I building. This will adversely impact light, air, heat energy created by sun and privacy. ii. A hotel facility coupled with Units that can in essence be used as hotel like rooms (i.e. lock offs) creates a high use that is not 3 December 5, 2017 - Page 543 0 4 consistent with the residential area in which the project is located and adversely impacts Phase I and neighboring properties. This high use creates an adverse carbon footprint for a Town that is moving toward Green certification. iii. Parking is already a major issue and problem for the Phase I portion of the VMVR. Creating a large, dense additional project subject to use by a large volume of people at the same time could highly exacerbate this problem. There is currently no handicap parking spaces at all and the plans do not indicate any are being considered. This is violation of the Americans With Disability Act. The current parking only provides 3 guests spaces and this is not sufficient, particularly when our primarily 3 plus bedroom residences are provided with only one and a fraction of a space on average. iv. The Phase II project is proposed to be cantilevered over the current entrance to the Phase I garages making it improbable for trucks and delivery vehicles to pull into the garage entrance area. A separate loading area is needed for Phase I but is not proposed. December 5, 2017 - Page 544 0 5 v. Pedestrian access is compromised. vi. A 2,000 square foot "lobby deck" is proposed for Phase II which will abuts and overlooks the pool area for Phase I. This creates an incredible invasion of privacy and impact on light, air and noise around this important Phase I amenity. It also creates a life safety hazard as it creates an attractive nuisance for persons to jump off the Phase II Deck and into the Phase I pool. vii. Abuse of SDD — It was represented to the Owners of Phase I and said Owners relied upon the scope of the original project and Town zoning restrictions when they purchased Units at Phase I. To allow GRFA, height, use and density restrictions to be simply circumvented by an SDD undermines the entire zoning process or ability of any purchaser of property in the Vail Village to rely upon what may or may not be built around them. It is my understanding that Ron Byrne has utilized all his allowed square footage per the current zoning (save for less than 300 square feet). 2. Relationship: The planned uses, activity or density for Phase II are not compatible with existing Phase I. See above. December 5, 2017 - Page 545 0 6 3. Parking and Loading: a. The planned location for the loading zone atop a public walkway is not just atypical, it is unsafe and certain to interfere with surrounding uses and activity. b. Parking is already major issue at VMVR and this will substantially aggravate that issue; c. Delivery trucks and tall vehicles will not be able to access the parking garage or even the parking garage entry area; d. The design will lead to guests at Phase II to park in the Phase I garage entry area blocking Phase I Owner access. This creates an emergency vehicle access issue as well. e. To the extent Phase II parking will utilize the Phase I garage it can lead to major enforcement issues for Phase I on parking abuses and poaching as well as allocation of maintenance responsibilities. 4. Comprehensive Plan: a. The deviations from the code associated with the project include: east side setback, building height, density, site coverage, and loading in the front setback. Each of these proposed deviations directly and negatively impacts existing usage and value of the neighboring Phase I development. December 5, 2017 - Page 546 0 7 b. The proposed deviations concerning height, density, mass, and bulk must all be weighed against the perceived public benefit of the Application. Public comment offered in support of the Application during the June 12, 2017 PEC meeting focused exclusively on the addition of Employee Housing Units ("EHUs"). However, the proposed deviations are certain to exceed permissible Gross Residential Floor Area. As the PEC pointed out, such deviations should not be granted strictly based upon provision of EHUs. The benefit of EHUs does not offset the requested deviations and neighboring owners have not been adequately informed of the extent of the proposed bulk and mass are far beyond anything anticipated for the site. Thus, the Application is not compatible with the surrounding area. 5. Natural and/or Geologic Hazard: None known except creation of shadows, cold pockets and lack of air and light to Phase I. 6. Design Features: See above in relation to this criteria not being met. 7. Traffic: a. The Application would increase density in relation to the Phase I development and is therefore practically certain to generate additional traffic. In fact, Tom Kassmel of Public Works noted in the June 12, December 5, 2017 - Page 547 0 2017 PEC meeting that proposed uses on the site will generate additional traffic which may have some broader impact on the system 8. Landscaping: The landscaping is very limited and artistic license was made in the submitted plans in this regard. 9. Workable Plan: There has been no proposal on how Phase II is to integrate with Phase I. The 2 Phases are very different uses, different Common Areas and maintenance responsibilities. Section 12-9A-8 requires the Town Council to make the following findings with respect to the proposed SDD: 1. That the SDD complies with the nine (9) criteria, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment 8 December 5, 2017 - Page 548 0 and its established character as a resort and residential community of the highest quality. I object to a finding by the Town Council that any of the foregoing matters have been established per what I stated above. I respectfully request that the Application be denied. I will be shocked if the Town Council approves this rezone given the deviate why that Ron Bryne has handled this. I will truly be disappointed in the government of the Town of Vail. The Town needs to remember that it takes an economy in order to employ a workforce and to pay the necessary taxes to maintain the Town. The two largest contributor to the economy of the Town of Vail are: Tourism and Real Estate. By allowing this rezoning to be approved even when you know of the unethical methods that were employed, you are voting against the interests of Tourism and Real Estate. I think that if word gets out that this is how property owners are going to be treated by the Town — there will be imploding consequences in the economy of Vail long term. Word will get out. Sincerely, dt LULCiz-r_ Lisa Widmier, VMVR Residence #302 9 December 5, 2017 - Page 549 0 APOLLO PARK AT VAIL HOMEOWNERS' ASSOCIATION 8547 E. Arapahoe Road, #J542 Greenwood Village, CO 85112-1436 303-690-6038 - 303-690-6511 FAX October 16, 2017 Jonathan Spence, AICP Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, CO 81657 Via e mail: jspence@vailgov.com Dear Mr. Spence: As President of the Apollo Park at Vail Homeowners' Association, 1 write to notify you that our Board of Directors has reviewed the Mountain View Residences Phase 2 plans amended and submitted to the Town of Vail for the PEC meeting on October 23, 2017. We will not oppose the amended plans as presented. Sincerely, David J. Zn, President Apollo Park at Vail DJZ:an December 5, 2017 - Page 5: From: Jeff Morgan To: Jonathan Spence Subject: Supporting Vail Mountain View Residence Phase II project Date: Tuesday, October 17, 2017 9:42:06 AM October 17, 2017 Planning and Environmental Commission Town Council c/o Jonathan Spence, AICP Senior Planner, Town of Vail Dear Mr. Spence, PEC and Town Council Members: As a member of the Vail Valley Partnership Workforce Housing Coalition, and concerned citizen of the Vail Valley; I am writing you today to ask for your approval on the Mountain View Residences Phase 11 SDD application. Now that the team has made revisions deleting the Hotel aspect of the project and adding more EHUs, we can see the shift in focus towards caring for our workforce. This is 50% of the units onsite and 43% of the free-market GFRA, totaling nearly 14,000 sq ft. The VVP Workforce Housing Coalition is a very large group of engaged business owners, employees, elected officials and other concerned Eagle County residents who are looking for ways to address our housing crisis and provide top level service to our worldwide customers that support Vail. Our continued topics of discussion on the value of public-private partnerships providing Employee Housing and the opportunity for individuals and families to move to the Valley has taken shape with the Vail Mountain View Project. Vail is a blend of a demographics, with an world wide audience, providing world class skiing and summer events/ activities for all to enjoy. We want our guests December 5, 2017 - Page 551 0 and locals to live as one in our Valley. If the housing crisis continues in our Valley we will continue to produce unhappy, overworked and segregated employees, that will not give the magical experience we want all of our guests, locals and employee to feel. An over stressed employee will NOT provide top level service to anyone. The TOV has been approached by new EHU project up and down the Valley, there is a strong need that needs to be addressed. Discontent from a few disgruntled citizens, that see no value in the projects, should not take away from the rest of the world's experience coming to Vail. I believe the Vail Mountain View project with its 15 workforce housing apartments paid for completely by the developer is a perfect example of a public-private partnership. The 23 acre project in East Vail is another perfect example of Vail providing it's employees, and the face of Vail, a way to enjoy life in the Valley. We must be prepared to make some accommodations for developers to be successful if we want them to build more than the required square footage of EHUs. I support this project 100% and see it benefiting Vail's missions and goals. Sincerely, till Jeff Morgan Associate Broker December 5, 2017 - Page 552 0 Ron Byrne & Associates Real Estate 285 Bridge Street 1 Vail CO 81657 0: 970-476-1987 C: 720-314-0023 E: jeff@ronbyrne.com www.ronbyrne.com Ron Byrne & Associates 2016 Luxury Property Collection December 5, 2017 - Page 553 0 From: Kim Bell Williams To: Jonathan Spence Subject: Support for Mountain View Project in Vail Date: Wednesday, October 18, 2017 2:03:42 PM Jonathan, I am writing in support of Mountain View project's increase of 5 deed restricted units to total 15 deed restricted EHU's onsite. As you know, successful workforce housing includes ease of transportation and community preservation. This project would provide both of these important characteristics for the local workforce. These 15 additional workforce housing units will help to maintain the character of Vail that we all have a vested interest in. Thank you for your time. Kim Kim Bell Williams Housing Director Eagle County (970)328-8773 or 328-8776 www.eaglecounty.us/housing www.valleyhomestore.org December 5, 2017 - Page 554 0 October 20, 2017 Planning and Environmental Commission Town of Vail Department of Community Development 75 South Frontage Road Vail, Colorado 81657 Attn: Johnathan Spence, AICP Re: Vail Mountain View Residences Phase II Dear Members of the Planning and Environmental Commission: We are writing to inform you and the Town of Vail that as owner of the upper residential unit in the Tyrolean Condominiums, Unit 6, we oppose the revised plans submitted on or about September 27, 2017, for the development of Vail Mountain View Residences Phase II and encourage you to recommend denial of the proposed Special Development District. Our Unit #6 is by far the most affected unit in the Tyrolean building by Phase II of the Vail Mountain View Residences. We understand that Tyrolean Condominium Association has engaged counsel who will file a more detailed objection on behalf of all owners. We also have been told that the Town does not take into consideration the protection of views. Although we understand that the Town cannot guarantee views, view impact should be considered in the context of Special Development District approval. An owner invests in property for, among other things, the views, and relies upon existing zoning and density. If zoning and density can be changed and views can be destroyed because a landowner can "give" the Town something, there will be no certainty. The use of the Special Development District process allows a property owner to buy a zoning and density change. We are concerned about increased density, building height, setbacks, site coverage, and product mix. We are concerned about the impact on sun, light and views for our unit. We are also very concerned about the impact on the value of our unit if the Special Development District is approved. We do not believe the approval of this project by the Town of Vail would comply with the overall goals of the Vail Master plan to provide more employee housing, additional lock -offs, and mid -priced hotel rooms to provide additional revenues to the Town of Vail. December 5, 2017 - Page 555 p Please accept this letter as our disapproval of the Vail Mountain View Residences Phase IL Sincerely, /2 JJiI Argos Vail, LLC. December 5, 2017 - Page 556 Jonathan Spence From: Michael O'Connor <michael@triumphdev.com> Sent: Wednesday, October 18, 2017 1:58 PM To: Jonathan Spence Subject: Mountain View Phase 2 Support Hello Jonathan. I understand that Mountain View is going back to PEC next week. I also understand that the Mountain View HOA no longer opposes the project - which is key to my support. As a local employer, Triumph believes we need to prioritize opportunities like this for locals' housing. An in -town location with parking and infrastructure already installed, with minimal impacts to views, is the perfect spot. This is a one -of - kind opportunity that we should all say yes to. moc Michael O'Connor Triumph Development w: 970.688.5057 m: 240.793.6405 12 Vail Road - Suite 700 - Vail, CO - 81657 michael@triumphdev.com www.triumphdev.com 1 December 5, 2017 - Page 557 c Dear Vail Town Council Members, I am writing to you today to express The Steadman Clinic (TSC) and Steadman Philippon Research Institute's (SPRI) support of the proposed Vail Mountain View Phase II Residences Project coming before the Town Council on Tuesday, November 7, 2017. As we have experienced with our workforce at TSC and SPRI, housing within Vail continues to be a significant recruitment challenge for employers and prospective employees. The Steadman Clinic and Steadman Philippon Research Institute, represents one of the larger employers within the Town of Vail. Since 1989, our organizations have experienced tremendous growth and now employ over 200 people. Since 2014, our workforce has increased by 60%, adding year-round professionals and their families to the Vail Valley. In the last year alone, we have increased our physician base from 10 to 14 nationally renowned specialists (and their team members) who serve the Vail Community as well as many other patients seeking care from the state of Colorado, nationally and globally. In addition, our distinguished MD Fellowship and Athletic Trainer Residence programs continue to expand, adding to our required housing needs on an annual basis. These two programs alone represent 19 full time annual positions. According to the Bureau of Labor Statistics (BLS), healthcare occupations are projected to grow 18% over the next ten years, much faster than the average for all other occupations combined. Recruiting highly credentialed staff to support our advances continues to be a challenge. Without housing to assist in our recruiting efforts, we run the risk of losing exceptional talent to other communities. Due to housing limitations, most of our employees must seek housing outside of the Town of Vail, requiring some to travel over 40 miles one way to come to work. Over 75% of our employees live outside of the Town of Vail. I am convinced that the project will meet, and exceed, the needs and requirements of the Town of Vail's mission of employee housing and design intent. The geographic location supports the development and does not adversely affect open space or view corridors. The project has also gained tremendous support of the neighboring property owners and local employees. It is my hope that the Town Council members will vote favorably to allow this project to move forward. In advance, thank you for your time and leadership. Sincerely, Dan Drawbaugh CEO, The Steadman Clinic & Steadman Philippon Research Institute December 5, 2017 - Page 558 c Nov. 6, 2017 Dear Vail Town Council: I spoke to you recently about my passion to help the Town of Vail realize its admirable housing goals and I would like to weigh in with you today on the proposed Vail Mountain View Residences condominium project. As a reminder, I am the General Manager of TWO ELK on Vail Mountain, and I have been here for just over 20 years. As part of my job, I travel throughout the summer interviewing people to fill roles that we have within Vail Mountain Dining. Affordable, available housing is the biggest reason why I — and so many other businesses — struggle to fill open positions. The housing shortage is a community -wide issue. I am proud of my employer for stepping up to make a large dent in the problem. And I'm proud of other Vail business leaders for stepping up, as well. And before you right now is Pete Carlson with an innovative idea toward the Town's goal to achieve 1,000 employee housing units by 2027. Please consider approving an increase in Gross Residential Floor Area that will allow Mr. Carlson to build 15 for -sale residential units AND provide 15 employee housing units. The potential added inventory is critical to our local businesses being able to put forth a quality workforce for our guests and residents alike. As I mentioned, I applaud both our elected officials and our community partners for coming together to find creative solutions for a town -wide problem that has become a priority for us all. I look forward to seeing this project move forward. Thank you, Doug Wooldridge December 5, 2017 - Page 559 0 V VAIL HEALTH PO Box 40,000 1 Vail, CO 81658 1 (970) 476-2451 1 vailhealth.org November 28, 2017 Dear Vail Town Council Members, I am writing on behalf of Vail Health's Board of Directors, administration and myself to express strong support for the proposal of Vail Mountain View Residences Phase II. We greatly appreciate your work on this initiative, as well as your concern for maintaining high standards as they relate to the zoning and aesthetics in Vail Village. As President and CEO of Vail Health, which partners with over 350 affiliated physicians and advanced providers, and employs nearly 1,000 medical and professional staff who serve our community and its guests, this project appears to be of the quality and standards befitting Vail. The employee housing component of this proposal offers transit -accessible, high-quality residences for employees that organizations like ours attract and retain. These are the very professionals we need to continue providing the best care for our locals, second homeowners and destination guests. The Board and I believe that some extra density, above a pre-existing parking structure along the Frontage Road, is a small allowance in return for 15 in -town employee housing units. The proposed building height and mass is appropriate to the area and compatible with the Village context. We encourage a vote to approve this project. Thank you for your consideration, Doris Kirchner Michael Shannon President & CEO, Vail Health Chairman, Vail Health Board of Directors AVON 1 BEAVER CREEK 1 BRECKENRIDGE 1 EAGLE 1 EDWARDS 1 FRISCO 1 GYPSUM 1 SILVERTHORNE 1 VAIL December 5, 2017 - Page 560 0 TOWN OF 19 1. Call to Order PLANNING AND ENVIRONMENTAL COMMISSION October 23, 2017, 1:00 PM Vail Town Council Chambers 75S. Frontage Road -Vail, Colorado, 81657 Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, John -Ryan Lockman, Karen Perez, John Rediker, and Brian Stockmar 2. Main Agenda A request for a recommendation to the Vail Town Council, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, establishing Special Development District No. 42 (Vail Mountain View Residences), located at 430 and 434 South Frontage Road (Vail Mountain View Residences on Gore Creek) / Lot 1, Vail Village Filing 5, formerly known as part of Lot 1, a Resubdivision of Tract D, Vail Village Filing 5, and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Motion: Denial First: Gillette Second: Perez Vote: 5-2-0 (Kurz and Stockmar Opposed) Spence introduced the item as being similar to the previously submitted application. The item has returned to the Planning and Environmental Commission (PEC) due to a previous error in the notification procedures. A rezoning application requires all owners within the specific property to be notified rather than just the property management group or homeowners association. Letters from the homeowners association and other individuals have been included with the application. Rediker — Asked Spence if there have been any significant changes since the previous submission. Spence stated that there are no significant exterior changes, but the unit mix within the proposed building has been altered. Rediker asked about the nature of the exterior changes. Spence deferred the question to the applicant. Gillette — Asked about the letter of support from the homeowners association of Phase I and how the homeowners association's opinion has changed from the previous review. Spence deferred to the applicant. Perez — Asked about the Phase I homeowners association's letter reference to "conditional support." Spence deferred to the applicant. Dominic Mauriello, representing the applicant, provided a PowerPoint presentation to the PEC. Since the last appearance before the PEC, the applicant has worked with the Phase I homeowners association to address their comments and concerns. The December 5, 2017 - Page 561 0 previous submission included 19 hotel rooms which have been eliminated from the proposal. The suggested conditions of approval have also been modified since the previous plan. The noticeable changes in the unit mix include: an increase from 12 to 15 DUs (Dwelling units), an increase from 15 to 20 AAUs (Attached accommodation units / lockoffs), an increase from 10 EHUs to 15 EHUs (employee housing units), and the removal of the previously proposed 19 AUs (accommodation units). The proposed unit mix revisions comply with the Town Code's minimum required parking spaces. Mauriello reviewed the public benefits associated with the proposal, including an increase to the number of EHUs. Other benefits include: increased number of live beds via the increase in lockoff units, public art, roadway easement, and participation in the Green Globes building sustainability program. Referring to the exterior building elevations, Mauriello described the proposed changes. Referring to the site plan, Mauriello described the proposed changes to the size of the outside deck area and the location of the loading area and pedestrian easement. Mauriello then reviewed the proximity of the proposed structure to the surrounding buildings. The columns on the east side of the structure encroach into the side setback, thus requiring a side setback deviation. Referring to the building's floor plans, Mauriello described the location and quantity of the DUs, EHUs, and AAUs. There is one less parking space than on the previous plan due to the need for additional mechanical equipment. Other deviations include: building height, density, GRFA, and site coverage. Density and GRFA have decreased in non -conformity since the previous plan, but still require deviations. Mauriello provided images from a sun -shade analysis for the proposed structure. Mauriello then discussed the project's relationship to the Tyrolean Condominiums to the west of the property. Mauriello listed all of the variances previously granted to the Tyrolean Condominiums and described the changes made to the proposed structure to help mitigate impacts on the Tyrolean Condominiums. Mauriello concluded by reviewing the nine (9) criteria for approving a Special Development District (SDD) and expressed his belief that the proposal fulfills all of the criteria. In regards to earlier questions from the PEC, Mauriello clarified that the previous approval had a letter from the Phase I homeowners association that permitted the project to go forward, but was not necessarily a letter of support. For this submission, the Phase I homeowners association has provided a letter of support. Hopkins — Asked about the nature of the EHU deed restrictions. Mauriello responded that the EHU deed restrictions are in perpetuity. Hopkins asked what happens when a unit is sold, to which Mauriello responded that the Town of Vail tracks all deed restrictions. Perez, Rediker, and Gillette — Asked for clarification of the proposed building height and how it is measured. Rediker — Asked why there is not a formal development plan in place. He expressed concern about the significant change in the character and nature of the project since the December 5, 2017 - Page 562 0 previous approval. Mauriello stated that there is a development plan in the submittal materials. Rediker expressed his opinion that a plan set does not constitute a full development plan. Mauriello stated that the development plan includes all of the required documentation. Rediker asked what conditional uses will be allowed within the SDD. Mauriello responded that the conditional uses would be controlled by the underlying zone district. Rediker expressed concern that the uses approved with this submission could be changed in the future without the PEC's approval. Spence stated that he believed the applicant's plan set and narrative fulfill the requirements for a development plan. Rediker asked for more information about the landscape plan. Spence stated that the review of the landscape plan is the purview of the Design Review Board (DRB). It is the PEC's purview to review the requested deviations against the proposed public benefits. Rediker stated that one of the nine (9) criteria for approval of an SDD specifically references landscaping and therefore wants more information from the applicant regarding the proposed landscaping. George Ruther, Director of Community Development, reminded the PEC that they will be making a recommendation to the Town Council and that the SDD is officially established via ordinance. Mauriello referred to an image of the landscape plan and stated that this proposal has more plantings than the previously approved landscape plan. Mauriello suggested that, if believed to be necessary, the PEC make landscape recommendations to the DRB. Rediker suggested more plantings along the west side of the site. Rediker asked for clarification on the changes to the exterior from the previous approval to the current proposal. Mauriello referenced the images of the building elevations to demonstrate the locations of the proposed changes. Rediker expressed concern about the shading of the sidewalk during certain times of the year. He asked if the sidewalk will be heated. Mauriello stated that the sidewalk is to be moved closer to the structure to allow for future lane adjustments on the South Frontage Road and to provide snow storage. As a result, the sidewalk will now be heated. Rediker asked who will be responsible for maintaining the sidewalk considering some is on Town property and some is on private property. Mauriello stated that the applicant will enter into an agreement to be responsible for the maintenance of the sidewalk. Perez — Asked for clarification on the location of the loading dock. Rediker asked how vehicles in the loading zone will be able to maneuver around the site. Mauriello explained that there is a cross access agreement between the subject property and the property to the east. Gillette asked if another egress point for a truck was necessary. Lockman — Asked for clarification on the relationship between the Phase I homeowners association and the applicant. Tom Todd, Attorney for Gore Creek Partners — The applicant has been active in discussion with the neighbors at the Phase I homeowners association and the two parties are working on an agreement. Kerry Wallace, Attorney for Mountain View Residences (Phase I) — The group has worked with Mr. Todd to address Phase I homeowners association's comments and concerns and are working on completing an agreement between the two parties. Ms. December 5, 2017 - Page 563 0 Wallace explained that the letter of support is conditional based upon executing said agreement. In the future Phase I and Phase II will have separate homeowners associations that will work together on certain items. Rediker — Asked if this would result in a legal subdivision of the property. Ms. Wallace stated that her understanding is that it does not require a legal subdivision. Spence concurred with Ms. Wallace. Perez asked if the condo map will be amended. Ms. Wallace confirmed. Gillette — Asked staff who will be required to approve future changes when there are multiple homeowners associations. Public Comment: Pam Keller — Is an original owner of a unit in Phase I and supports the new proposal. David Foster, attorney representing the Tyrolean homeowners association — Stated that the presentation provided is misleading because the owner of the property developed Phase I under the existing HDMF zone district and essentially maxed out the building height and GRFA. By code, there is only 278 square feet of GRFA available. The proposal is essentially the rezoning of a property where people already live. It was the owner's choice to build to the maximum development standards for Phase I in 2008. He believes it is misleading to label Phase II as infill development. He expressed his concern regarding the proposed building height. He is also concerned that the PEC is predisposed to voting a certain way for the project despite the application being considered a new submission. The Tyrolean Condominiums has not been involved in any of the discussions among the applicant and Phase I homeowners association. Mr. Foster questioned the status of the applicant as it appears to have changed since the previous approval. He stated that he does not believe the proposed structure fulfills the nine (9) review criteria for an SDD. There will still be renters coming in every night due to the AAUs (lockoffs), despite the fact that the hotel units have been removed. Mr. Foster discussed the existing non -conforming site coverage on the subject property and that it never received a variance. Mr. Foster stated that there is no conditional use permit for the leasing of parking on the subject property and there is no record of a license or license renewals for the property owner to be able to lease parking spaces. Mr. Foster concluded by reminding the PEC that there is essentially no available space for Phase II and by reviewing the nine (9) SDD review criteria. Mr. Foster believes that the proposal does not comply with the following criteria: (1) compatibility, (2) relationship of uses and density, (3) parking and loading, and (4) conformity with the Town of Vail Master Plan. Mr. Foster stated that the sun shade analysis is misleading because it assumes a 48' tall building can be built in the proposed location, but as the property is out of developable space, no building of any height can be located there. Gillette — Asked if the Tyrolean Condominiums were notified of the new submission. Spence confirmed. Mauriello — Rebutted several comments made by Mr. Foster. Mr. Mauriello's rebuttals included: the belief that the proposal constitutes infill development, the actual height of the building, and the idea that there was a lack of communication with the Tyrolean December 5, 2017 - Page 564 0 Condominiums. Stockmar — Stated that he is treating this item as a brand new application. The PEC is required to review the nine (9) criteria for establishing an SDD. He has reviewed the criteria and staff's analysis of the criteria. He concurs with staff and will support the proposal. Gillette — Agrees with most of Mr. Foster's analysis. The master plan states there should be development on the property, but it does not state what that type of development should be. He does not believe the public benefit outweighs the deviations required and he does not find the building compatible with the surrounding area. There needs to be a much more significant public benefit for a building 70' tall. Lockman — Thanked the Town for providing a corrected process. Is looking at the application as a brand new application. Lockman stated that he is not sure the application is consistent with the master plan and agrees with Gillette that there is not a sufficient public benefit received from the proposal. He is not ready to support the project due to the building height and use of the building. Hopkins — Expressed concern about the height of the building and its overall compatibility with the surrounding properties. She does not support the proposal at this time. Perez — In looking at the application as a brand new application, believes that the project does not meet all of the criteria for an SDD, especially in regards to compatibility, relationship of uses, and parking and loading. She does not believe there is a sufficient public benefit. Kurz — Agrees with Stockmar and staffs analysis of the SDD criteria. Believes the public benefits outweigh the hardships for neighboring properties. Also believes the loss of the 70 leasable parking spaces had to be considered in the original approval. He supports the project. Rediker — Looked at the application as a brand new application. Does not believe the proposal has fulfilled the SDD criteria. In particular, the scale, bulk, and building height are not compatible with the surrounding area; the proposal is not consistent with the Vail Master Plan; and the design features are not responsive and sensitive to the overall aesthetic to the area in general. Rediker expressed his overall concern about the SDD process in general and he believes it is encouraging the over -development of some properties. Recognizes that there is a public benefit to the proposal, but does not believe it is sufficient to ignore the non-compliant criteria. Gillette — Expressed his opposition to the snow -melted sidewalk. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 5, Public Health and Safety, and Title 12, Zoning Regulations, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto. (PEC14-0043) Motion: Table to November 13, 2017 December 5, 2017 - Page 565 0 First: Kurz Second: Gillette Vote: 7-0-0 3. Approval of Minutes October 9, 2017 PEC Results Motion: Approve First: Kurz Second: Gillette Vote: 5-0-2 (Perez and Rediker Abstained) 4. Adjournment Motion: Adjourn First: Perez Second: Kurz Vote: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. December 5, 2017 - Page 566 0 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 10:45 p.m. TOWN Of9 December 5, 2017 - Page 567 0