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2017-12-19 Agenda and Supporting Documentation Town Council Evening Regular Agenda
VAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, December 19, 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. Appointments for Boards and Commissions 2.1. Appointments for Commission on Special Events (CSE) Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint three people to CSE with formal motion. Interviews for CSE were conducted during the afternoon meeting. Three vacancies for two year terms ending in 2019 need to be filled with appointments from Town Council. 3. Consent Agenda 3.1. Resolution No. 43, Series of 2017, A Resolution Approving an Amendment to Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Vail Bridge Road Strucuture Replacement; and Setting Forth Details in Regard Thereto 3.2. Intergovernmental Agreements for purchase of Motorola Consolidated 800 MHz replacement radios 4. Town Manager Report 4.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager 5. Presentations / Discussion 5 min. 5 min. 5.1. 2018 Colorado Classic bike race update including a formal request for 45 min. funding for two stages in Vail August 16 & 17, 2018 December 19, 2017 - Page 1 of Presenter(s): Mike Imhof, Vail Valley Foundation Action Requested of Council: Council approve or deny request for event funding. Background: The Vail Valley Foundation (VVF) presented to Council on November 7, 2017 an informational update presenting the opportunity for the Town of Vail to host one or two stages of the 2018 Colorado Classic on August 16 & 17, 2018. The VVF informed Council that they would take their feedback to the event organizers to better understand the overall event opportunities, RFP requests, and costs in order to return with a formal funding request. 5.2. Town of Vail Annual Resale Lottery Criteria Process and Options for Consideration for Process Amendments — Recommendation to Vail Town Council Presenter(s): George Ruther, Director of Community Development and Steve Lindstrom, Chair, Vail Local Housing Authority Action Requested of Council: Listen to the staff presentation on the recommendation for amendments to the annual resale lottery criteria process and solicit public comment. Provide instruction to the Town staff on proposed amendments. Background: The Vail Town Council requested that the Vail Local Housing Authority and the Community Development Department review the existing Town of Vail annual resale lottery criteria process and recommend options for amendments, improvements and enhancements. A number of objectives and identified issues to be addressed as a result of this request are outlined in the staff memorandum to the Vail Town Council. Staff Recommendation: Following careful and thoughtful review of the Town's annual resale lottery criteria and selection process the Vail Local Housing Authority finds that amendments, improvements and enhancements are needed to realize the goals and objectives for housing in Vail. To be successful, the resale lottery criteria and selection processes should be aligned with Town's goals and objectives for housing. A complete list of recommended actions is outlined in the staff memorandum. 6. Action Items 30 min. 6.1. Ordinance No.17, Series of 2017 - Amending Title 12, Zoning Regulations, 15 min. removal of vegetation for Wildfire Mitigation Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: Approve, Approve with Conditions or Deny Ordinance N. 17, Series of 2017 on 1st Reading. Background: This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) permit for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program or through the town's abatement provisions for dangerous or diseased trees. The proposal eliminates the requirement for a DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal. Staff Recommendation: The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on November 13, 2017 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. This December 19, 2017 - Page 2 of recommendation was based on a finding that the proposal furthered the adopted goals, objectives and polices of the Vail comprehensive plan. 6.2. Ordinance No. 22, Series of 2017, First Reading, Ordinance Amending 10 min. Title 7, Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for certain parking violations Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22, Series of 2017 upon first reading. Background: Pursuant to C.R.S. § 42-4-111, the Town of Vail (the "Town") is empowered to regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction. Pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect, enforce, and impose fines and penalties for the violation of its local laws. 6.3. Ordinance No. 23, Series of 2017, An Amending Chapter 9 of Title 1 of the 10 min. Vail Town Code by the Addition of a New Section 1-9-8(E) Regarding the Use of Collection Agencies to Collect Unpaid Fines and Costs. Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 23, Series of 2017 upon first reading. Background: House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. § 18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to pay money, failure to appear to pay money, or failure to appear at any post -sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount. The Town of Vail (the "Town") lacks the resources and expertise to collect past due receivables internally, the Town Council has decided to permit the Town to employ the services of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and restitution arising out of municipal court matters. 6.4. Red Sandstone Elementary School Parking Structure Update Presenter(s): Greg Hall Director of Public Works and Transportation Action Requested of Council: The staff has requested the Town Council address the following: • Authorize the Town Manager to enter into a pre -construction contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500 • Amend the 2017 supplemental budget for the design and construction of the south 170 improvements by $287,500 to be funded by Vail Reinvestment Authority Background: The Town of Vail and the Eagle County School District are working together to jointly construct a four -level 160 car parking structure on the current Red Sandstone School site. The work will include extensive site work to establish a loop road around the parking structure to allow access to each level while at the same time provide a one-way loop road for school drop off and pick up. Staff Recommendation: Staff recommends the Town Council continue to pursue the four -level structure. In addition, the Town Council should take action on the items below: • Authorize the Town Manager to enter a pre -construction 15 min December 19, 2017 - Page 3 of contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500 • Amend the 2017 supplemental budget for the design and construction of the south 1-70 improvements in the amount of $287,500 to be funded by Vail Reinvestment Authority. 7. Public Hearings 7.1. Ordinance No. 9, Series of 2017, Second Reading, An ordinance 90 min. 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 second reading. Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a second 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 December 5, 2017 the Vail Town Council approved the establishment of Special Development District No. 42 on first reading by a vote of 6-1-0 (Foley opposed). Although approved on first reading, members of the council cited three primary concerns and requested that the applicant address these items prior to second reading. Please see the staff memorandum and a discussion on these items and the applicant's response. 7.2. Ordinance No. 21, Series of 2017, Second Reading, Ordinance Repealing 45 min. 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 December 19, 2017 - Page 4 of 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. 7.3. Ordinance No. 19, Series of 2017, Second Reading, Ordinance repealing 5 min. 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. 7.4. Ordinance No. 20, Series 2017, Second Reading, An Ordinance Making 15 min. 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 8. Adjournment 8.1. Adjournment at 10:20 p.m. Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by 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 19, 2017 - Page 5 of TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Appointments for Commission on Special Events (CSE) PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Appoint three people to CSE with formal motion. BACKGROUND: Interviews for CSE were conducted during the afternoon meeting. Three vacancies for two year terms ending in 2019 need to be filled with appointments from Town Council. December 19, 2017 - Page 6 of TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 43, Series of 2017, A Resolution Approving an Amendment to Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Vail Bridge Road Strucuture Replacement; and Setting Forth Details in Regard Thereto ATTACHMENTS: Description Resolution No 43, Series of 2017 IGA amendment December 19, 2017 - Page 7 of RESOLUTION NO. 43 Series of 2017 A RESOLUTION APPROVING AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING VAIL-BRIDGE RD STRUCTURE REPLACEMENT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Town and the Colorado Department of Transportation ("CDOT") entered into an Intergovernmental Agreement on October 20, 2015, routing #15 HA3-75418; and WHEREAS, the Town and CDOT now wish to amend the existing Intergovernmental Agreement with updated language required by the Federal Highway Department (FHWA); and WHEREAS, the Council's approval of Resolution No. 43, Series 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 the IGA and authorizes the Town Manager to enter into the IGA with CDOT, in substantially the same form as 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 19th day of December, 2017. Dave Chapin, Town Mayor ATTEST: Patty McKenny, Town Clerk December 19, 2017 - Page 8 of PO #: 471000554 Routing #:15-HA3-ZH-00065-M0005 Original Routing#: 15-HA3-75418 Additional PO Reference#: NA STATE OF COLORADO AMENDMENT SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 15-HA3-ZH-00065-M0005 Local Agency/Region: TOWN OF VAIL Original Agreement Routing Number 15-HA3-75418 Amendment # 02 Project #/Subaccount: BRO M306-007 (20095) Contract Writer: CA Agreement Maximum Amount: Current Encumbrance: $1,281,000.00 $230,439.00 Amendment Effective Date Date of Controller Signature Initial Agreement expiration date 03/08/2020 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. LOCAL AGENCY TOWN OF VAIL STATE OF COLORADO John W. Hickenlooper, Governor Department of Transportation Shailen P. Bhatt, Executive Director Signature Joshua Laipply, P.E., Chief Engineer Date: By: (Print Name and Title) Date: 2nd Local Agency Signature if Needed Signature By: (Print Name and Title) Date: In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Department of Transportation Effective Date: 1 December 19, 2017 - Page 9 of PO #: 471000554 Routing #:15-HA3-ZH-00065-M0005 Original Routing#: 15-HA3-75418 Additional PO Reference#: NA 1) PARTIES This Amendment (the "Amendment") to the Original Agreement shown on the Signature and Cover Page for this Amendment (the "Agreement") is entered into by and between the Contractor and the State. 2) TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3) EFFECTIVE DATE AND ENFORCEABILITY A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties' respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4) PURPOSE The Parties entered into the Agreement to disperse Federal funds to the Local Agency pursuant to CDOT's Stewardship Agreement with the Federal Highway Administration. The Special Highway Committee voted to pool funds previously awarded for bridge projects Vail -Nugget -A and Vail -Bridge Rd into a single award to fund the Vail Bridge Rd replacement project. 5) MODIFICATIONS The Parties now agree to modify the original contract to incorporate the required provisions of the OMB Uniform Guidance, 2 C.F.R. 200. The following sections of the original agreement are modified: §§2, 3.A, 4, 5, 6, 7, 8.A, 8.B, 8.D, 9.F, 9.G, 10, 11,12,13, 15.B.iv, 17.B, 17.C, 19, and 24 (see Attachment A to this Amendment). The Parties agree to modify Exhibit C. Exhibit B becomes the Sample Option Letter, which is also modified in form. Exhibit D becomes the Local Agency Resolution, which is unchanged in form. Exhibits L and M are added to the agreement (see Exhibit C-2, B-1, Exhibit L and Exhibit M attached to this Amendment). 6) LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 2 December 19, 2017 - Page 10 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) ATTACHMENT A a. 2 — Effective Date and Notice of Nonliability Section 2 is deleted in its entirety. It is now titled "Effective Date" and now reads as follows: This Agreement shall not be valid or enforceable until the Effective Date, and Agreement Funds shall be expended within the dates shown in Exhibit C for each respective phase ("Phase Performance Period(s)"). The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Local Agency for any Work performed or expense incurred before the Effective Date or after the Final Phase Performance End Date, as shown in Exhibit C. b. 3.A — Authority, Appropriation, and Approval Section 3.A is deleted in its entirety. The title remains the same but now reads as follows: Authority to enter into this Agreement exists in the law as follows: i. Federal Authority Pursuant to Title I, Subtitle A, of the "Fixing America's Surface Transportation Act" (FAST Act) of 2015, and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the "Federal Provisions"), certain federal funds have been and are expected to continue to be allocated for transportation projects requested by Local Agency and eligible under the Surface Transportation Improvement Program that has been proposed by the State and approved by the Federal Highway Administration ("FHWA"). ii. State Authority Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-104.5. c. 4 — Definitions The following definitions are added alphabetically to §4: "Business Day" means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24- 11-101(1) C.R.S. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. "Effective Date" means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature and Cover Page for this Agreement. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. "Federal Award" also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient. "FHWA" means the Federal Highway Administration, which is one of the twelve administrations under the Office of the Secretary of Transportation at the U.S. Department of Transportation. FHWA provides stewardship over the construction, maintenance and preservation of the Nation's Attachment A — Page 1 of 18 December 19, 2017 - Page 11 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) highways and tunnels. FHWA is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. "Notice to Proceed" means the letter issued by the State to the Local Agency stating the date the Local Agency can begin work subject to the conditions of this Agreement. "OMB" means the Executive Office of the President, Office of Management and Budget. "PIP" means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §24-72-501 C.R.S. "Recipient" means the Colorado Department of Transportation (CDOT) for this Federal Award. "State Confidential Information" means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII and State personnel records not subject to disclosure under CORA. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a). "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. "State Purchasing Director" means the position described in the Colorado Procurement Code and its implementing regulations. "State Records" means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. "Subcontractor" means third -parties, if any, engaged by Local Agency to aid in performance of the Work. "Subrecipient" means a non -Federal entity that receives a sub -award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. Section 4.F is deleted in its entirety and replaced with the following: F — Exhibits and Other Attachments The following exhibits are attached hereto and incorporated by reference herein: i. Exhibit A, Statement of Work. Attachment A — Page 2 of 18 December 19, 2017 - Page 12 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) ii. Exhibit B, Sample Option Letter. iii. Exhibit C, Funding Provisions iv. Exhibit D, Local Agency Resolution v. Exhibit E, Local Agency Contract Administration Checklist vi. Exhibit F, Certification for Federal -Aid Contracts vii. Exhibit G, Disadvantaged Business Enterprise viii. Exhibit H, Local Agency Procedures for Consultant Services ix. Exhibit I, Federal -Aid Contract Provisions For Construction Contracts x. Exhibit J, Additional Federal Requirements xi. Exhibit K, The Federal Funding Accountability and Transparency Act of 2006 (FFATA) Supplemental Federal Provisions xii. Exhibit L, Sample Subrecipient Risk Assessment Form xiii. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal Awards (the "Uniform Guidance") d. 5 — Term and Early Termination Section 5 is deleted in its entirety. The title remains the same but now reads as follows: A. Initial Term The Parties' respective performances under this Agreement shall commence on the Agreement Effective Date shown on the Signature and Cover Page for this Agreement and shall terminate on the date of notice of CDOT final acceptance ("Agreement Expiration Date") shown on the Signature and Cover Page for this Agreement, unless sooner terminated or further extended in accordance with the terms of this Agreement. B. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply to a termination of this Agreement by the State for breach by Local Agency, which shall be governed by §17.A. e. 6 — Scope of Work Section 6 is deleted in its entirety. The title remains the same but now reads as follows: Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A, and the Local Agency Manual. The State shall have no liability to compensate Local Agency for the delivery of any Goods or the performance of any Services that are not specifically set forth in this Agreement. Work may be divided into multiple phases that have separate periods of performance. The State may not compensate Work that Local Agency performs outside of its designated phase performance period. The performance period of phases, including, but not limited to Design, Attachment A — Page 3 of 18 December 19, 2017 - Page 13 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) Construction, Right of Way, Utilities, or Environment phases, are identified in Exhibit C. The State may unilaterally modify Exhibit C from time to time, at its sole discretion, to extend the period of performance for a phase of Work authorized under this Agreement. To exercise this phase performance period extension option, the State will provide written notice to Local Agency in a form substantially equivalent to Exhibit B. The State's unilateral extension of phase performance periods will not amend or alter in any way the funding provisions or any other terms specified in this Agreement, notwithstanding the options listed under §7. A. Local Agency Commitments Design If the Work includes preliminary design, final design, design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), Local Agency shall ensure that it and its Contractors comply with and are responsible for satisfying the following requirements: a. Perform or provide the Plans to the extent required by the nature of the Work. b. Prepare final design in accordance with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by the State. c. Prepare provisions and estimates in accordance with the most current version of the State' s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by the State. d. Include details of any required detours in the Plans in order to prevent any interference of the construction Work and to protect the traveling public. e. Stamp the Plans as produced by a Colorado registered professional engineer. f. Provide final assembly of Plans and all other necessary documents. g. Ensure the Plans are accurate and complete. h. Make no further changes in the Plans following the award of the construction contract to Contractor unless agreed to in writing by the Parties. The Plans shall be considered final when approved in writing by CDOT, and when final, they will be deemed incorporated herein. ii. Local Agency Work a. Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA) 42 U.S.C. §12101, et. seq., and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". b. Local Agency shall afford the State ample opportunity to review the Plans and shall make any changes in the Plans that are directed by the State to comply with FHWA requirements. c. Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans and/or construction administration. Provided, however, if federal -aid funds are involved in the cost of such Work to be done by such Consultant, such Consultant contract (and the performance provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R. Attachment A — Page 4 of 18 December 19, 2017 - Page 14 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) d. Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H. If Local Agency enters into a contract with a Consultant for the Work: 1) Local Agency shall submit a certification that procurement of any Consultant contract complies with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract, subject to the State' s approval. If not approved by the State, Local Agency shall not enter into such Consultant contract. 2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by the State and FHWA and that they are in writing Immediately after the Consultant contract has been awarded, one copy of the executed Consultant contract and any amendments shall be submitted to the State. 3) Local Agency shall require that all billings under the Consultant contract comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. 4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the CDOT procedures described in Exhibit H to administer the Consultant contract. 5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant contract by submitting a letter to CDOT from Local Agency's attorney/authorized representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d). 6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: "(a) The design work under this Agreement shall be compatible with the requirements of the contract between Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third -party beneficiary of this agreement for that purpose. (b) Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. (c) The consultant shall review the construction Contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work. (d) The State, in its sole discretion, may review construction plans, special provisions and estimates and may require Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements." iii. Construction If the Work includes construction, Local Agency shall perform the construction in accordance with the approved design plans and/or administer the construction in Attachment A — Page 5 of 18 December 19, 2017 - Page 15 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) accordance with Exhibit E. Such administration shall include Work inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing construction Contractor claims; construction supervision; and meeting the quality control requirements of the FHWA/CDOT Stewardship Agreement, as described in Exhibit E. a. The State may, after providing written notice of the reason for the suspension to Local Agency, suspend the Work, wholly or in part, due to the failure of Local Agency or its Contractor to correct conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. b. Local Agency shall be responsible for the following: 1) Appointing a qualified professional engineer, licensed in the State of Colorado, as Local Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall administer the Work in accordance with this Agreement, the requirements of the construction contract and applicable State procedures, as defined in the CDOT Local Agency Manual (https://www. codot. gov/business/designsupport/bulletins_manuals/2006-local- agency-manual). 2) For the construction Services, advertising the call for bids, following its approval by the State, and awarding the construction contract(s) to the lowest responsible bidder(s). (a) All Local Agency's advertising and bid awards pursuant to this Agreement shall comply with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that Local Agency and its Contractor(s) incorporate Form 1273 (Exhibit I) in its entirety, verbatim, into any subcontract(s) for Services as terms and conditions thereof, as required by 23 C.F.R. 633.102(e). (b) Local Agency may accept or reject the proposal of the apparent low bidder for Work on which competitive bids have been received. Local Agency must accept or reject such bids within 3 working days after they are publicly opened. (c) If Local Agency accepts bids and makes awards that exceed the amount of available Agreement Funds, Local Agency shall provide the additional funds necessary to complete the Work or not award such bids. (a) The requirements of §6.A.iii.b.2 also apply to any advertising and bid awards made by the State. (b) The State (and in some cases FHWA) must approve in advance all Force Account Construction, and Local Agency shall not initiate any such Services until the State issues a written Notice to Proceed. iv. Right of Way (ROW) and Acquisition/Relocation a. If Local Agency purchases a ROW for a State highway, including areas of influence, Local Agency shall convey the ROW to CDOT promptly upon the completion of Attachment A — Page 6 of 18 December 19, 2017 - Page 16 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) the project/construction. b. Any acquisition/relocation activities shall comply with all applicable federal and State statutes and regulations, including but not limited to, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs, as amended (49 C.F.R. Part 24), CDOT's Right of Way Manual, and CDOT's Policy and Procedural Directives. c. The Parties' respective responsibilities for ensuring compliance with acquisition, relocation and incidentals depend on the level of federal participation as detailed in CDOT's Right of Way Manual (located at http://www.codot.gov/business/manuals/right- of-way); however, the State always retains oversight responsibilities. d. The Parties' respective responsibilities at each level of federal participation in CDOT's Right of Way Manual, and the State's reimbursement of Local Agency costs will be determined pursuant the following categories: 1) Right of way acquisition (3111) for federal participation and non -participation; 2) Relocation activities, if applicable (3109); 3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of way — 3114). v. Utilities If necessary, Local Agency shall be responsible for obtaining the proper clearance or approval from any utility company that may become involved in the Work. Prior to the Work being advertised for bids, Local Agency shall certify in writing to the State that all such clearances have been obtained. a. Railroads If the Work involves modification of a railroad company's facilities and such modification will be accomplished by the railroad company, Local Agency shall make timely application to the Public Utilities Commission ("PUC") requesting its order providing for the installation of the proposed improvements. Local Agency shall not proceed with that part of the Work before obtaining the PUC' s order. Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal -aid projects involving railroad facilities, and: Execute an agreement with the railroad company setting out what work is to be accomplished and the location(s) thereof, and which costs shall be eligible for federal participation. Obtain the railroad's detailed estimate of the cost of the Work. Attachment A — Page 7 of 18 December 19, 2017 - Page 17 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) 1) Establish future maintenance responsibilities for the proposed installation. 2) Proscribe in the agreement the future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 3) Establish future repair and/or replacement responsibilities, as between the railroad company and the Local Agency, in the event of accidental destruction or damage to the installation. vi. Environmental Obligations Local Agency shall perform all Work in accordance with the requirements of current federal and State environmental regulations, including the National Environmental Policy Act of 1969 (NEPA) as applicable. vii. Maintenance Obligations Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. Local Agency shall conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and regulations pertaining to maintaining such improvements. The State and FHWA may make periodic inspections to verify that such improvements are being adequately maintained. viii. Monitoring Obligations Local Agency shall respond in a timely manner to and participate fully with the monitoring activities described in §9. F. B. State's Commitments i. The State will perform a final project inspection of the Work as a quality control/assurance activity. When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212. ii. Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable or responsible in any manner for the structural design, details or construction of any Work constituting major structures designed by, or that are the responsibility of, Local Agency, as identified in Exhibit E. f. 7 — Option Letter Modification Section 7 is deleted in its entirety. The title remains the same but now reads as follows: The State may, at its discretion, issue an "Option Letter" to Local Agency to add or modify Work phases in the Work schedule in Exhibit C if such modifications do not increase total budgeted Agreement Funds. Such Option Letters shall amend and update Exhibit C, Sections 2 or 4 of the Table, and sub- sections B and C of the Exhibit C. Option Letters shall not be deemed valid until signed by the State Controller or an authorized delegate. Modification of Exhibit C by unilateral Option Letter is permitted only in the specific scenarios listed below. The State will exercise such options by providing Local Agency a fully executed Option Letter, in a form substantially equivalent to Exhibit B, within 30 days before the targeted start date Attachment A — Page 8 of 18 December 19, 2017 - Page 18 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) g. of a new or modified Work phase. Such Option Letters will be incorporated into this Agreement. A. Option to Begin a Phase and/or Increase or Decrease the Encumbrance Amount The State may require by Option Letter that Local Agency begin a new Work phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous Work (but may not include Right of Way Acquisition/Relocation or Railroads) as detailed in Exhibit A. Such Option Letters may not modify the other terms and conditions stated in this Agreement, and must decrease the amount budgeted and encumbered for one or more other Work phases so that the total amount of budgeted Agreement Funds remains the same. The State may also issue a unilateral Option Letter to simultaneously increase and decrease the total encumbrance amount of two or more existing Work phases, as long as the total amount of budgeted Agreement Funds remains the same, replacing the original Agreement Funding exhibit (Exhibit C) with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc). B. Option to Transfer Funds from One Phase to Another Phase. The State may require or permit Local Agency to transfer Agreement Funds from one Work phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another phase as a result of changes to State, federal, and local match funding. In such case, the original funding exhibit (Exhibit C) will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.) attached to the Option Letter. The Agreement Funds transferred from one Work phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a fully executed Option Letter to Local Agency within thirty (30) days before the initial targeted start date of the Work phase, in a form substantially equivalent to Exhibit B. C. Option to Exercise Options A and B. The State may require Local Agency to add a Work phase as detailed in Exhibit A, and encumber and transfer Agreement Funds from one Work phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.) attached to the Option Letter. The addition of a Work phase and encumbrance and transfer of Agreement Funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted start date of the Work phase, in a form substantially equivalent to Exhibit B. D. Option to Update a Work Phase Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined in Exhibit C. The State may update any information contained in Exhibit C, Sections 2 and 4 of the Table, and sub -sections B and C of the Exhibit C. 8.A and 8.B under 8 — Payments These two sections are deleted in their entirety. The titles remain the same but each section now Attachment A — Page 9 of 18 December 19, 2017 - Page 19 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) reads as follows: A. Maximum Amount Payments to Local Agency are limited to the unpaid, obligated balance of the Agreement Funds set forth in Exhibit C. The State shall not pay Local Agency any amount under this Agreement that exceeds the Agreement Maximum set forth in Exhibit C. The Local Agency shall provide its match share of the costs as shown in Exhibit C and may be evidenced by an appropriate ordinance/resolution or authority letter. A copy of such ordinance/resolution or authority letter may be attached as Exhibit D. The provision by the Local Agency to CDOT of such ordinance/resolution or authority letter is at the Local Agency's discretion. B. Payment Procedures i. Invoices and Payment 1. The State shall pay Local Agency in the amounts and in accordance with conditions set forth in Exhibit C. 2. Local Agency shall initiate payment requests by invoice to the State, in a form and manner approved by the State. 3. The State shall pay each invoice within 45 days following the State's receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Local Agency and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Local Agency shall make all changes necessary to correct that invoice. 4. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under the Agreement. ii. Interest Amounts not paid by the State within 45 days after the State's acceptance of the invoice shall bear interest on the unpaid balance beginning on the 46th day at the rate of 1% per month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Local Agency shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of days interest to be paid and the interest rate. iii. Payment Disputes If Local Agency disputes any calculation, determination, or amount of any payment, Local Agency shall notify the State in writing of its dispute within 30 days following the earlier to occur of Local Agency's receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Local Agency and may make changes to its determination based on this review. The calculation, determination, or payment amount that results from the State's review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State Attachment A — Page 10 of 18 December 19, 2017 - Page 20 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds -Contingency -Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Local Agency beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Agreement Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non -State funds constitute all or some of the Agreement Funds, the State's obligation to pay Local Agency shall be contingent upon such non -State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Agreement Funds, and the State's liability for such payments shall be limited to the amount remaining of such Agreement Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §5.B. v. Erroneous Payments The State may recover, at the State' s discretion, payments made to Local Agency in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Local Agency. The State may recover such payments by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Local Agency, or by any other appropriate method for collecting debts owed to the State. The close out of a Federal Award does not affect the right of FHWA or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period (as defined below in §9.A.). h. 8.D — Matching Funds Section 8.D is deleted in its entirety. The title remains the same but now reads as follows: Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. Local Agency shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Local Agency' s obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Local Agency and paid into Local Agency' s treasury. Local Agency represents to the State that the amount designated "Local Agency Matching Funds" in Exhibit C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. Local Agency may evidence such obligation by an appropriate ordinance/resolution or other authority letter expressly authorizing Local Agency to enter into this Agreement and to expend its match share of the Work. A copy of any such ordinance/resolution or authority letter is attached hereto as Exhibit D. Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple -fiscal year debt of Local Agency. Local Agency shall not pay or be liable for any claimed interest, late Attachment A — Page 11 of 18 December 19, 2017 - Page 21 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) charges, fees, taxes, or penalties of any nature, except as required by Local Agency's laws or policies. i. 9.F — Reimbursement of State Costs J• Section 9.F is deleted in its entirety. It is now titled "Risk Assessment & Monitoring" and now reads as follows: Pursuant to 2 C.F.R. 200.331(b), — CDOT will evaluate Local Agency' s risk of noncompliance with federal statutes, regulations, and terms and conditions of this Agreement. Local Agency shall complete a Risk Assessment Form (Exhibit L)* when that may be requested by CDOT. The risk assessment is a quantitative and/or qualitative determination of the potential for Local Agency's non-compliance with the requirements of the Federal Award. The risk assessment will evaluate some or all of the following factors: • Experience: Factors associated with the experience and history of the Subrecipient with the same or similar Federal Awards or grants. • Monitoring/Audit: Factors associated with the results of the Subrecipient's previous audits or monitoring visits, including those performed by the Federal Awarding Agency, when the Subrecipient also receives direct federal funding. Include audit results if Subrecipient receives single audit, where the specific award being assessed was selected as a major program. • Operation: Factors associated with the significant aspects of the Subrecipient's operations, in which failure could impact the Subrecipient's ability to perform and account for the contracted goods or services. • Financial: Factors associated with the Subrecipient's financial stability and ability to comply with financial requirements of the Federal Award. • Internal Controls: Factors associated with safeguarding assets and resources, deterring and detecting errors, fraud and theft, ensuring accuracy and completeness of accounting data, producing reliable and timely financial and management information, and ensuring adherence to its policies and plans. • Impact: Factors associated with the potential impact of a Subrecipient's non-compliance to the overall success of the program objectives. • Program Management: Factors associated with processes to manage critical personnel, approved written procedures, and knowledge of rules and regulations regarding federal - aid projects. Following Local Agency's completion of the Risk Assessment Form (Exhibit L), CDOT will determine the level of monitoring it will apply to Local Agency's performance of the Work. This risk assessment may be re-evaluated after CDOT begins performing monitoring activities. *Note: The Risk Assessment applies only to Projects which have the initial phase authorized on or after July 1, 2016. 9.G — Close Out Section 9.G is added to the IGA and reads as follows: Local Agency shall close out this Award within 90 days after the Final Phase Performance End Date. Close out requires Local Agency's submission to the State of all deliverables defined in this Agreement, and Local Agency's final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State Attachment A — Page 12 of 18 December 19, 2017 - Page 22 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) as substantially complete. If FHWA has not closed this Federal Award within 1 year and 90 days after the Final Phase Performance End Date due to Local Agency' s failure to submit required documentation, then Local Agency may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. k. 10 — Reporting — Notification Section 10 is deleted in its entirety. The title remains the same but now reads as follows: A. Quarterly Reports In addition to any reports required pursuant to §21 or pursuant to any exhibit, for any contract having a term longer than 3 months, Local Agency shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than 5 Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B. Litigation Reporting If Local Agency is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Local Agency' s ability to perform its obligations under this Agreement, Local Agency shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State's principal representative identified in §18. C. Performance and Final Status Local Agency shall submit all financial, performance and other reports to the State no later than 60 calendar days after the Final Phase Performance End Date or sooner termination of this Agreement, containing an Evaluation of Subrecipient's performance and the final status of Subrecipient' s obligations hereunder. D. Violations Reporting Local Agency must disclose, in a timely manner, in writing to the State and FHWA, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. Penalties for noncompliance may include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321). 1. 11— Local Agency Records Section 11 is deleted in its entirety. The title remains the same but now reads as follows: A. Maintenance Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Local Agency shall maintain such records for a period (the "Record Retention Period") of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively. If any litigation, claim, or audit related to this Attachment A — Page 13 of 18 December 19, 2017 - Page 23 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Local Agency in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Local Agency shall permit the State to audit, inspect, examine, excerpt, copy, and transcribe Local Agency Records during the Record Retention Period. Local Agency shall make Local Agency Records available during normal business hours at Local Agency's office or place of business, or at other mutually agreed upon times or locations, upon no fewer than 2 Business Days' notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State will monitor Local Agency' s performance of its obligations under this Agreement using procedures as determined by the State. The State shall monitor Local Agency' s performance in a manner that does not unduly interfere with Local Agency's performance of the Work. D. Final Audit Report Local Agency shall promptly submit to the State a copy of any final audit report of an audit performed on Local Agency's records that relates to or affects this Agreement or the Work, whether the audit is conducted by Local Agency or a third party. m. 12 — Confidential Information -State Records Section 12 is deleted in its entirety. The title remains the same but now reads as follows: A. Confidentiality Local Agency shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Local Agency for the sole and exclusive benefit of the State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to disclosure by Local Agency under CORA. Local Agency shall not, without prior written approval of the State, use for Local Agency's own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Agreement. Local Agency shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. Local Agency shall immediately forward any request or demand for State Records to the State's principal representative. B. Other Entity Access and Nondisclosure Agreements Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information Attachment A — Page 14 of 18 December 19, 2017 - Page 24 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Local Agency shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Agreement, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Local Agency shall provide copies of those signed nondisclosure agreements to the State upon request. C. Use, Security, and Retention Local Agency shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Local Agency shall provide the State with access, subject to Local Agency' s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Local Agency shall return State Records provided to Local Agency or destroy such State Records and certify to the State that it has done so, as directed by the State. If Local Agency is prevented by law or regulation from returning or destroying State Confidential Information, Local Agency warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Local Agency becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Local Agency can establish that none of Local Agency or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Local Agency shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Local Agency shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. n. 13 — Conflict of Interest Section 13 is deleted in its entirety. The title remains the same but now reads as follows: A. Actual Conflicts of Interest Local Agency shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Local Agency under this Agreement. Such a conflict of interest would arise when a Local Agency or Subcontractor's employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. Officers, employees and agents of Local Agency may neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts. B. Apparent Conflicts of Interest Local Agency acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State' s interests. Absent the State's prior written Attachment A — Page 15 of 18 December 19, 2017 - Page 25 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) approval, Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Local Agency's obligations under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Local Agency is uncertain whether a conflict or the appearance of a conflict has arisen, Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. o. 15.B.iv — Additional Insured P. Section 15.B.iv is deleted in its entirety. The title remains the same but now reads as follows: The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Local Agency and Subcontractors. In the event of cancellation of any commercial general liability policy, the carrier shall provide at least 10 days prior written notice to CDOT. 17.B — Early Termination in the Public Interest Section 17.B is deleted in its entirety. It is now titled "Remedies Not Involving Termination" and now reads as follows: The State, in its discretion, may exercise one or more of the following additional remedies: i. Suspend Performance Suspend Local Agency's performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Local Agency to an adjustment in price or cost or an adjustment in the performance schedule. Local Agency shall promptly cease performing Work and incurring costs in accordance with the State's directive, and the State shall not be liable for costs incurred by Local Agency after the suspension of performance. ii. Withhold Payment Withhold payment to Local Agency until Local Agency corrects its Work. iii. Deny Payment Deny payment for Work not performed, or that due to Local Agency's actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. iv. Removal Demand immediate removal from the Work of any of Local Agency' s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose Attachment A — Page 16 of 18 December 19, 2017 - Page 26 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) q. continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State' s best interest. v. Intellectual Property If any Work infringes a patent, copyright, trademark, trade secret, or other intellectual property right, Local Agency shall, as approved by the State (a) secure that right to use such Work for the State or Local Agency; (b) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (c) remove any infringing Work and refund the amount paid for such Work to the State. 17.0 — Remedies Not Involving Termination Section 17.0 is deleted in its entirety. It is now titled "Local Agency's Remedies" and now reads as follows: If the State is in breach of any provision of this Agreement and does not cure such breach, Local Agency, following the notice and cure period in §16.B and the dispute resolution process in §24 shall have all remedies available at law and equity. r. 19 — Rights in Data, Documents, and Computer Software Section 19 is deleted in its entirety. The title remains the same but now reads as follows: A. Work Product Local Agency assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or not Local Agency is under contract with the State at the time, Local Agency shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. The Parties intend the Work Product to be works made for hire. i. Copyrights To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law, Local Agency hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights or similar rights with respect to the Work Product throughout the world. To the extent that Local Agency cannot make any of the assignments required by this section, Local Agency hereby grants to the State a perpetual, irrevocable, royalty - free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based upon, derived from, or incorporating the Work Product by all means and methods and in any format Attachment A — Page 17 of 18 December 19, 2017 - Page 27 0 ATTACHMENT A, Amendment #2, Project BRO M306-007 (20095) now known or invented in the future. The State may assign and license its rights under this license. ii. Patents In addition, Local Agency grants to the State (and to recipients of Work Product distributed by or on behalf of the State) a perpetual, worldwide, no -charge, royalty -free, irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify and propagate the contents of the Work Product. Such license applies only to those patent claims licensable by Local Agency that are necessarily infringed by the Work Product alone, or by the combination of the Work Product with anything else used by the State. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State software, research, reports, studies, photographs, negatives, or other documents, drawings, models, materials, data, and information shall be the exclusive property of the State (collectively, "State Materials"). Local Agency shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Local Agency's obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Local Agency shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. s. 24 — Disputes Section 24 is deleted in its entirety. The title remains the same but now reads as follows: A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Local Agency for resolution. B. Resolution of Controversies If the initial resolution described in §24.A fails to resolve the dispute within 10 Business Days, Local Agency shall submit any alleged breach of this Agreement by the State to the purchasing director of CDOT for resolution in accordance with the provisions of §§24-109-101, 24-109-106, 24-109-107, and 24-109-201 through 24-109-206 C.R.S., (the "Resolution Statutes"), except that if Local Agency wishes to challenge any decision rendered by the purchasing director, Local Agency' s challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes before Local Agency pursues any further action as permitted by such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations. Attachment A — Page 18 of 18 December 19, 2017 - Page 28 0 EXHIBIT C-2 — FUNDING PROVISIONS A. Cost of Work Estimate BRO M306-007 (20095) The Local Agency has estimated the total cost the Work to be $1,281,000.00, which is to be funded as follows: 1. BUDGETED FUNDS a. Federal Funds (80% of Participating Costs) b. Local Agency Matching Funds (20% of Participating Costs) $1,024,800.00 $256,200.00 TOTAL BUDGETED FUNDS $1,281,000.00 2. OMB UNIFORM GUIDANCE a. Federal Award Identification Number (FAIN): TBD b. Federal Award Date (also Phase Performance Start Date): See Below c. Amount of Federal Funds Obligated by this Action: $184,351.20 d. Total Amount of Federal Award: $1,024,800.00 e. Name of Federal Awarding Agency: FHWA f. CFDA Number — Highway Planning and Construction CFDA 20.205 g. Is the Award for R&D? No h. Indirect Cost Rate (if applicable) N/A 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $1,024,800.00 b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $1,024,800.00 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount $1,281,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $1,281,000.00 WBS Element 20095.10.30 Performance Period Start*/End Date 08/25/2014 - 12/31/2018 Design 3020 $230,439.00 WBS Element 20095.20.10 Performance Period Start*/End Date 12/05/2006 - Const. 3301 $0.00 *The Local Agency should not begin work until all three of the following are in place: 1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three milestones are achieved will not be reimbursable. Exhibit C-2 — Page 1 of 2 December 19, 2017 - Page 29 c B. Matching Funds The matching ratio for the federal participating funds for this Work is 80% federal -aid funds to 20% Local Agency funds, it being understood that such ratio applies only to the $1,281,000.00 that is eligible for federal participation, it being further understood that all non -participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $1,281,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non -participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $1,281,000.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $1,024,800.00 (For CDOT accounting purposes, the federal funds of $1,024,800.00 and the Local Agency matching funds of $256,200.00 will be encumbered for a total encumbrance of $1,281,000.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. NOTE: Design funds are currently available. Other phase funds will be added in the future by Option Letter or Amendment. The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency's awarded contract is less than the budgeted total of the federal participating funds and the Local Agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 7. A. of this contract. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving more than $750,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $750,000 If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure of $750,000 or more -Highway Funds Only If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure of $750,000 or more -Multiple Funding Sources If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Exhibit C-2 — Page 2 of 2 December 19, 2017 - Page 30 c EXHIBIT B-1, SAMPLE OPTION LETTER State Agency Department of Transportation Option Letter Number ZOPTLETNUM Local Agency ZVENDORNAME Agreement Routing Number ZSMARTNO Agreement Maximum Amount Initial term State Fiscal Year ZFYY_1 Extension terms State Fiscal Year ZFYY_2 State Fiscal Year ZFYY_3 State Fiscal Year ZFYY_4 State Fiscal Year ZFYY_5 Total for all state fiscal years $ ZFYA_1 $ ZFYA_2 $ ZFYA_3 $ ZFYA_4 $ ZFYA_5 $ ZPERSVC_MAX_ AMOUNT Agreement Effective Date The later of the effective date or ZSTARTDATEX Current Agreement Expiration Date ZTERMDATEX 1. OPTIONS: A. Option to extend for an Extension Term B. Option to unilaterally authorize the Local Agency to begin a phase which may include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads) and to update encumbrance amounts (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). C. Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). D. Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). E. Option to update a Phase Performance Period and/or Modify OMB Uniform Guidance Information. 2. REQUIRED PROVISIONS: Option A In accordance with Section 2, C of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning on (insert date) and ending on the current contract expiration date shown above, under the same funding provisions stated in the Original Contract Exhibit C, as amended. Option B In accordance with Section 7, D of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply — Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously budgeted funds for the phase based upon changes in funding availability and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.). Option C In accordance with Section 7, D of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Exhibit B-1 — Page 1 of 2 December 19, 2017 - Page 31 0 Option D In accordance with Section 7, D of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply — Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase based upon changes in funding availability and authorization; and 3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following language must be included on ALL options): The Agreement Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above. Option E In accordance with Section 7, D of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to update a Phase Performance Period and/or Modify OMB Uniform Guidance Information. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. 3. OPTION EFFECTIVE DATE: The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS: State of Colorado: John W. Hickenlooper, Governor By: Date: Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. State Controller Robert Jaros, CPA, MBA, JD By: Date: Exhibit B-1 — Page 2 of 2 December 19, 2017 - Page 32 0 EXHIBIT L, SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT AV CDOT SUBRECIPIENT RISK ASSESSMENT Date: Name of Entity (Subrecipient): Name of Project/ Program: Estimated Award Period: Entity Executive Director or VP: Entity Chief Financial Officer: Entity Representative for this Self Assessment: Instructions: (See "Instructions" tab for more information) 1. Check only one box for each question. All questions are required to beanswered. 2. Utilise the "Comment"section below the lost question for additional responses. 3. When complete, check the box at the bottom of the form to outhori=e. Yes No N/A EXPERIENCE ASSESSMENT Yee No N/A 1 Is your entity new to operating or managing federal funds (has not done so within the past three years)? ❑ ❑ 2 Is this funding program new for your entity (managed for less than three years)? Examples of funding programs include CMAQ TAP, STP -M, etc. ❑ ❑ 3 Does your staff assigned to the program have at least three full years of experience with this federal program? r n MONITORING/AUDIT ASSESSMENT Yes No N/A 4 Has your entity had an on-site project or grant review from an external entity (e.g., CDOT, FHWA) within the last three years? II 1 1 11 5 a) Were there non-compliance issues in this prior review? I I 1 1 1 1 b) What were the number and extent of issues in prior review? n 1!02 7- OPERATION ASSESSMENT Yes No N/A 6 Does your entity have a time and effort reporting system in place to account for 100%of all employees' time, that can provide a breakdown of the actual time spent on each funded project? If No, in the comment section please explain how you intend to document 100% of hours worked by employees and breakdown of time spent on each funding project. 7 7 FINANCIAL ASSESSMENT Yes No N/A 7 a) Does your entity have an indirect cost rate that is approved and current? n ❑ b) If Yes, who approved the rate, and what date was it approved? 8 Is this grant/award 10% or more of your entity's overall funding? El >1o% ❑ <iO% 9 Has your entity returned lapsed` funds?'Funds "lapse" when they are no longer available for obligation. 1 I ❑ ❑ 10 Has your entity had difficulty meeting local match requirements in the last three years? n ❑ ❑ 11 What is the total federal funding your entity has been awarded for the last federal fiscal year, and what is your entity's fiscal year end? Exhibit L - Page 1 of 3 December 19, 2017 - Page 33 0 INTERNAL CONTROLS ASSESSMENT Yes No N/A 12 Has your entity had any significant changes in key personnel or accounting system(s) in the last year? (e.g., Controller, Exec Director, Program Mgr, Accounting Mgr, etc.) If Yes, in the comment section, please identify the accounting system(s), and / or list personnel positions and identify any that are vacant. ❑ • ❑ 13 Does your entity have financial procedures and controls in place to accommodate a federal -aid project? ❑ • 14 Does your accounting system identify the receipts and expenditures of program funds separately for each award? ❑ ■ 15 Will your accounting system provide for the recording of expenditures for each award by the budget cost categories shown in the approved budget? • • 16 Does your agency have a review process for all expenditures that will ensure that all costs are reasonable, allowable and allocated correctly to each funding source? If Yes, in the comment section, please explain your current process for reviewing costs. II MI 17 How many total FTE perform accounting functions within your organization? 7 26 • 2to5 • <2 IMPACT ASSESSMENT Yes No N/A 18 For this upcoming federal award or in the immediate future, does your entity have any potential conflicts of interest* in accordance with applicable Federal awarding agency policy? If Yes, please disclose these conflicts in writing, along with supporting information, and submit with this form. ( *Any practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Subrecipient's obligations to theState.) ❑ • 19 For this award, has your entity disclosed to CDOT, in writing, violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the award? Response options: YES = Check if have one or more violation(s) and hove either disclosed previously to CDOT or as part of this form. In the comment section, list all violations with names of supporting documentation and submit with this form. NO = Check if have one or more violation(s) and have not disclosed previously or will not disclose as part of this form. Explain in the comment section. N/A = Check if have no violations. ❑ • • PROGRAM MANAGEMENT ASSESSMENT Yes No N/A 20 Does your entity have a written process/procedure or certification statement approved by your governing board ensuring critical project personnel are capable of effectively managing Federal- aid projects? If Yes, please submit with this form. 7 • • 21 Does your entity have written procurement policies or certification statement for consultant selection approved by your governing board in compliance with 23 CFR 172*? If Yes, please submit with this form. ( 'The Brooks Act requires agencies to promote open competition by advertising, ranking, selecting, and negotiating contracts based on demonstrated competence and qualifications, at a fair and reasonable price.) 7 • • 22 a) Is your staff familiar with the relevant CDOT manuals and federal program requirements? 1-1 ❑ • b) Does your entity have a written policy or a certification statement approved by your governing board assuring federal -aid projects will receive adequate inspections? if Yes, please submit with this form. 71 • _ • c) Does your entity have a written process or a certification statement approved by your governing board assuring a contractor's work will be completed in conformance with approved plans and specifications? If Yes, please submit with this form. P1 • • Exhibit L — Page 2 of 3 December 19, 2017 - Page 34 0 Exhibit L — Page 3 of 3 December 19, 2017 - Page 35 0 d) Does your entity have a written policy or certification statement approved by your governing board assuring that materials installed on the projects are sampled and tested per approved processes. If Yes, please submit with this form. I I ❑ ❑ e) Does your entity have a written policy or certification statement approved by your governing board assuring that only US manufactured steel will be incorporated into the project (Buy America requirements )? if Yes, please submit with this form. 11 E ❑ Comments - As needed, include the question number and provide comments related to the above questions. Insert additional rows as needed. n By checking this box, the Executive Director, VP or Chief Financial Officer of this entity certifies that all Tool Version: information provided on this form is true and correct. ®'® v2.0 (081816) Exhibit L — Page 3 of 3 December 19, 2017 - Page 35 0 EXHIBIT M, OMB Uniform Guidance for Federal Awards Subject to The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Uniform Guidance"), Federal Register, Vol. 78, No. 248, 78590 The agreement to which these Uniform Guidance Supplemental Provisions are attached has been funded, in whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the agreement or any attachments or exhibits incorporated into and made a part of the agreement, the provisions of these Uniform Guidance Supplemental Provisions shall control. In the event of a conflict between the provisions of these Supplemental Provisions and the FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38 1.2. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. "Federal Award" also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. 1.3. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient. 2 CFR §200.37 1.4. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252. 1.5. "Grant" or "Grant Agreement" means an agreement setting forth the terms and conditions of an Award. The term does not include an agreement that provides only direct Federal cash assistance to an individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services for the direct benefit of use of the Federal Awarding Agency or Recipient. 2 CFR §200.51. 1.6. "OMB" means the Executive Office of the President, Office of Management and Budget. 1.7. "Recipient" means a Colorado State department, agency or institution of higher education that receives a Federal Award from a Federal Awarding Agency to carry out an activity under a Federal program. The term does not include Subrecipients. 2 CFR §200.86 1.8. "State" means the State of Colorado, acting by and through its departments, agencies and institutions of higher education. 1.9. "Subrecipient" means a non -Federal entity receiving an Award from a Recipient to carry out part of a Federal program. The term does not include an individual who is a beneficiary of such program. 1.10. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and A- 133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 1.11. "Uniform Guidance Supplemental Provisions" means these Supplemental Provisions for Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing guidance from relevant Federal agencies or the Colorado State Controller. 2. Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance, including but Exhibit M — Page 1 of 5 December 19, 2017 - Page 36 0 not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such provisions automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. Procurement Standards. 3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 4. Access to Records. Subrecipient shall permit Recipient and auditors to have access to Subrecipient's records and financial statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass-through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of performance), and Subpart F -Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5). 5. Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient's fiscal year, Subrecipient shall procure or arrange for a single or program -specific audit conducted for that year in accordance with the provisions of Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR §200.501. 5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in accordance with §200.507 (Program -specific audits). Subrecipient may elect to have a program -specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Recipient. A program -specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program -specific audit. 5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Part F -Audit Requirements. Exhibit M — Page 2 of 5 December 19, 2017 - Page 37 0 6. Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant Agreement. 6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Exhibit M — Page 3 of 5 December 19, 2017 - Page 38 0 the contractor may request the United States to enter into such litigation to protect the interests of the United States." 4.2 Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. 4.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 4.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 4.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 4.6 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 7. Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or Exhibit M — Page 4 of 5 December 19, 2017 - Page 39 0 activity was completed or the level of effort was expended. 2 CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 8. Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 9. Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2 CFR §200.110. The procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F -Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014. 10. Performance Measurement The Uniform Guidance requires completion of OMB -approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards. Section 200.301 provides guidance to Federal agencies to measure performance in a way that will help the Federal awarding agency and other non -Federal entities to improve program outcomes. The Federal awarding agency is required to provide recipients with clear performance goals, indicators, and milestones (200.210). Also, must require the recipient to relate financial data to performance accomplishments of the Federal award. Exhibit M — Page 5 of 5 December 19, 2017 - Page 40 0 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Intergovernmental Agreements for purchase of Motorola Consolidated 800 MHz replacement radios ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into purchase agreement and I GAs with Motorola, Eagle County Sheriff's Office, Eagle County Health Services District and the Town of Avon for the purchase of radios which is already budgeted in the 2018 Town Budget. ATTACHMENTS: Description Motorola 800 MHz Radio Purchase December 19, 2017 - Page 41 0 To: Vail Town Council From: Dwight Henninger, Chief of Police Date: December 11, 2017 Subject: Motorola 800 MHz Radio Purchase I. Background In the 2018 budget the Town Council approved $600,000 from the General Fund to replace older 800 MHz radios used by the Fire, Police and Public Works Departments that have reached their end of life. Also approved was $119,000 for Communications Center consoles from the Dispatch Services Fund. The Town has coordinated a consolidated purchase with the Eagle County Sheriff's Office, Eagle County Health Services District (Eagle County Paramedics) and the Avon Police Department. By doing so, Motorola Solutions has offered a 45% discount on the radios and 27% discount on associated accessories. If approved, this order will be placed in December with delivery and payment in 2018. The total cost of this order with all agencies is $869,994.02. The Eagle County Sheriff's Office, Eagle County Health Services District and the Avon Police Department are committed to executing an Intergovernmental Agreement (IGA) with the Town for this consolidated purchase. The IGA obligates these entities to remit its portion of the total consolidated purchase of $197,523.28 to the Town. Vail Mountain Rescue (VMR), a volunteer organization serving Town of Vail citizens, guests and others countywide, have requested a donation from the Town of 8 new replacement radios for their critical services, as part of its 2018 contribution requests and to supplement donations they have received from other communities in support of their efforts. The coordinated purchase of radios was underway when VMR made their request, so they were advised to wait for this countywide purchase to determine if we would donate the requested replacement radios. The cost of replacement radios for the Vail Fire, Police and Pubic Works Department's is $545,852.88 and, for the Vail Mountain Rescue Radios, the cost is $18,617.86. Total cost is $564,470.74. As a result of this large radio purchase, Motorola has discounted the 2 Communications Center Consoles to $108,000 for a savings of $11,000 from the budgeted numbers. The combined cost of radios and consoles is under the budgeted figure of $600,000 (radios) and $119,000 (Consoles). This is $49,037.81 under the 2018 budget of $719,000. 11. Staff Recommendation Authorize the Town Manager to enter into an agreement with Motorola Solutions, in a form approved by the Town Attorney, to purchase the replacement radios and consoles for an anticipated cost of $672,470.74 for the Town of Vail. Also, authorize the Town Manager to enter into an IGA with our neighboring agencies participating in this consolidated purchase of $197,523.28. Sample Motion: I move to approve on consent to authorize the Town Manager to enter into an agreement with Motorola Solutions to purchase replacement radios and consoles for the Town of Vail and with other agencies participating in the consolidated purchase. December 19, 2017 - Page 42 c VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report PRESENTER(S): Greg Clifton, Town Manager ATTACHMENTS: Description Town Manager Report TOWN Of9 December 19, 2017 - Page 43 0 (°)TOWN OF vain 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - DEC. 19th TOWN COUNCIL MEETING TOPICS • Fire Department Recognitions & Awards • Shop with a Cop • Ten Thousand Work Orders • Retiring Librarian • Community Host Kick-off • Meeting with the Community • Staff Retreat Fire Department Recognitions & Awards Town Manager's Office 970.479.2106 970.479.2157 fax On Saturday, December 2nd, there was a well -attended ceremony at the West Vail Fire Station, where many members of Vail Fire and Emergency Services were recognized. It was a very moving event with many family members and fellow emergency responders in the audience. This was very similar to the Vail Police Department Ceremony conducted in Town Hall on November 8th, with heartwarming stories of individual achievements, professional advancements, and life-saving heroics. PCease join us fora Promotional- and AwardCereanoray Saturday, December 2, 2017 ii:oo am Station 3 The fftTuwing promotions 1aiCt be recognized CAPTAIN JACOB SAVDNA LIEUTENANT ZAK MILLER LIEUTENANT DUSTIN ELLIOTT ENGINEER MICHAEL LEBLANC ENGINEER JARED OLSON FIREFIGHTER AIRF K ST RE E7 Z FIREFIGHTER JACOB ENGLE FIREFIGHTER HAYDEN RAGSDALE The fort -owing achievements -wilt-also be recognized: LIFESAVING AWARD MERIT AWARD DISTINGUISHED SERVICE FIRE CHIEF'S COMMENDATION EDUCATIONAL ACHIEVEMENT LunchwiffbeservedL PCease RSVP to Laura Putnam by 11/22/2017 December 19, 2017 - Page 44 0 In addition to the recognitions noted in the flier above, commendations were provided to numerous individuals related to educational achievement, hazardous materials training, military service, exceptional contribution, and life-saving measures (involving the successful rescue of multiple unconscious individuals suffering from carbon monoxide poisoning). Merit awards for notable acts of distinction in the line of duty were provided, and the event culminated with an award for distinguished service for highly unusual act of distinction. These particular awards involved the department's response to the tractor -trailer rollover on 1-70 east of Vail in September. The list of deserving recipients throughout this ceremony is available. We may consider hosting both of these very important ceremonies as a community events next year, with the ceremonies occurring at the Donovan Pavilion or Golf and Nordic Clubhouse. Stay tuned. Shop with a Cop On Monday December 1141, approximately 45 Vail and Avon deserving children, selected by their schools, joined our public safety folks in the annual Shop with a Cop program. The Town of Vail buses transported the children and both Vail Police Department and Vail Fire Department personnel to Walmart where the participants went on a shopping excursion. This was followed by a wonderful dinner with the kids at Four Seasons, ending with a massive gift -wrapping session that was enjoyed by all. This event is inviable in terms of helping families, but it goes farther than wrapped gifts. The interaction between police and fire personnel with young children in such a positive and festive environment will help build positive relations and good will. Many kudos are extended to those who helped put together this beneficial and fun event. Ten thousand Work Orders The Public Works Facility group has tracked and closed over 10,000 work orders in the work order software that was put into place early 2014. This preventive maintenance program in the software has allowed the department to systematically maintain building components causing less frequent and less severe system outages. The milestone accomplishment was acknowledged with a breakfast at Westside Cafe. Town Manager's Report Page 2 December 19, 2017 - Page 45 0 Retiring Librarian A sad but heartfelt farewell to Kathleen Winfield, who is on her way to New Mexico with her spouse Craig (previously a Town of Vail bus driver for 20 years) to enjoy a well-deserved retirement. She will be missed. A nice potluck meal was prepared and some low-key celebration at the library facility was had to honor her. Also of note, her spouse Craig had worked for the Town previously in the Transit Department. Both individuals served for a period of 20 years! Community Hosts Kick-off Event The Community Host Winter Kick-off was hosted at the Vail Golf and Nordic Clubhouse on December 71h. It was very well attended. The participants were duly thanked for their volunteerism, with some coaching and information updates also being shared by our Welcome Center team. Representatives from Town Hall, Vail Resorts, Betty Ford Alpine Gardens, Vail Recreation District, the Library, Art in Public Places, and Environmental Sustainability were all part of the presentation. Meeting with the Community Recent meetings have involved Eagle River Water & Sanitation District, Vail Chamber & Business Association, personal meetings with Jeff Babb of Vail Resorts, former Mayor Andy Daly, Sam Mamet of the Colorado Municipal League, and follow up meetings with Chris Romer with Vail Valley Partnership, and Jim Lamont with the Vail Homeowners Association. Staff Retreat The management team had a four-hour retreat at Four Seasons on December 13th. It was a very good retreat and we had participation by all members of the management team including the new Economic Development Director, and our Environmental Sustainability Manager. The first item on the agenda involved a `check-in' with the group to see how things are going, in general. Some good feedback was obtained, and some constructive suggestions were duly noted. This was followed by a discussion of management strategies and techniques, premised of course upon a very collaborative decision-making and problem - solving framework. This transitioned into an in-depth discussion about the organizational structure, involving the soon -to -be -created Housing Department and its interplay with other departments. Emphasis was placed upon `flattening' the organizational structure and instituting more formalized teams to deal with the myriad subject matters that concern us. Town Manager's Report Page 3 December 19, 2017 - Page 46 0 We also had discussions related to the boards and commissions and their respective roles with staff and the Town Council. We then chatted about the 2018 Compensation Study, and ongoing effort to formulate administrative policy related to fleet vehicles usage, and the upcoming evaluative process which will deviate, to some degree, from the traditional once - per -year format. In preparing for the January 9th Council retreat, the following were identified to be topics for the agenda, subject of course to Council input and approval: 1. Update on the Organization (recapping the Staff retreat presentation) 2. Council Meeting Protocol (a short discussion on existing meeting format, retreat scheduling, and related items). 3. The Policy Process 4. The 2018-20 Town Council Action Plan Town Manager's Report Page 4 December 19, 2017 - Page 47 0 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 2018 Colorado Classic bike race update including a formal request for funding for two stages in Vail August 16 & 17, 2018 PRESENTER(S): Mike Imhof, Vail Valley Foundation ACTION REQUESTED OF COUNCIL: Council approve or deny request for event funding. BACKGROUND: The Vail Valley Foundation (VVF) presented to Council on November 7, 2017 an informational update presenting the opportunity for the Town of Vail to host one or two stages of the 2018 Colorado Classic on August 16 & 17, 2018. The VVF informed Council that they would take their feedback to the event organizers to better understand the overall event opportunities, RFP requests, and costs in order to return with a formal funding request. ATTACHMENTS: Description Colorado Classic Memo & Presentation December 19, 2017 - Page 48 0 TOWN OFD To: Vail Town Council From: Economic Development Office Date: December 14, 2017 Subject: Colorado Classic & Velorama Festival - Vail Stage(s) 2018 Action Requested: Council to approve or deny event funding request. Memorandum Background: The Vail Valley Foundation (VVF) presented to Council on November 7, 2017 an informational update presenting the opportunity for the Town of Vail to host one or two stages of the 2018 Colorado Classic on August 16 & 17, 2018. The VVF informed Council that they would take their feedback to the event organizers to better understand the overall event opportunities, RFP requests, and costs in order to return with a formal funding request. Next Steps: The VVF will present to the Council further details regarding the event schedule, economic impacts, costs, and future stages. The VVF will ask Council to approve a formal funding request of $155,000 cash per stage with an additional $32,500 of in kind services. For two stages the funding request would total $310,000 of cash and $65,000 of in kind services. The Colorado Classic event organizers would agree to a three year term hosting at least two stages of the event in Vail through 2020. The Colorado Classic cannot confirm the dates of the two stages at this time but would work in good faith with the VVF and Town of Vail to schedule desired dates for all parties. Event Schedule & Details: The potential Thursday — Saturday Colorado Classic and Whistle Pig schedule may be as follows: Thursday, August 16, 2018 - Criterium race to start and finish in Vail Village o Women's race followed by the Men's race - Village activation to include expo, food & beverage, and ancillary activities - Evening activation and/or races to be determined Friday, August 17, 2018 12/14/2017 Page 1 December 19, 2017 - Page 49 0 - Time Trail to start and finish in Vail Village o Women's race followed by the Men's race - Village activation to include expo, food & beverage, and ancillary activities - Paid concert at the Gerald R Ford Amphitheater with opener(s) and headliner act Saturday, August 18, 2018 - Potential for amateur cycling and/or professional women races and events - Village activation to include expo, food & beverage, and ancillary activities - Paid concert at the Gerald R Ford Amphitheater with opener(s) and headliner act 12/14/2017 Page 2 December 19, 2017 - Page 50 0 2018 COLORADO CLASSIC -NAIL VAIL TOWN COUNCIL MEETING DECEMBER 19, 2017 COLORADO CLASSIC TOWN OF VAIL December 19, 2017 - Page 51 of 578 I VALLEY FOUNDATION arts •athletics • education COLORADO CLASSIC VAIL "Classic racing returns to most cycle -loving state in America"- CNN 2018 4 TOTAL STAGES 2 CITIES (2 routes in Vail, 2 routes in Denver) AUGUST 16 & 17, 2018 - VAIL STAGES THURSDAY RACE FORMAT: CIRCUIT/MULTIPLE FRIDAY RACE FORMAT: TIME TRIAL ANCILLARY EVENTS: LIFESTYLE + BIKE EXPO CITIZEN (amateur) + STRIDER RIDES MUSIC, FOOD, + DRINKS December 19, 2017 - Page 52 of 578 COLORADO CLASSIC VAIL Come for the racing, stay for the music 20,000+ estimated fans in attendance Thursday - Saturday night Bike event will dovetail with headliner music performances at the Gerald R. Ford Amphitheater on Aug. 17 + 18. Food, Beer, and Expo Festival Local business integration, positive economic impact December 19, 2017 - Page 53 of 578 2017 HIGHLIGHTS + DEMOGRAPHICS 16 Men's Teams 12 Tour De France Riders 15 Women's Teams 17 Olympians 885M REACHED via earned media 51% MALE 49% FEMALE 240M TV HOUSEHOLDS worldwide 50% MILLENNIALS 36 yrs. median age December 19, 2017 - Page 54 of 578 70+ COUNTRIES viewed, streamed, listened 15M IMPRESSIONS via Digital & Social Media 2018 MEDIA COVERAGE STRATEGY SPORT TOUR() TRA (KER 2 MAIN BROADCAST PARTNERS INTERNATIONAL - EuroSport DOMESTIC - Tour Tracker 2 HOURS OF LIVE COVERAGE (per Vail stage) Domestic Tour Tracker live coverage allows for custom content and Vail vignettes December 19, 2017 - Page 55 of 578 COLORADO CLASSIC VAIL Lodging Colorado Classic dates align with the top identified need period for the Vail summer season 0. 40 !of, 4 fitu s. Ar 420 room nights booked for athletes and their entourage Expectation of an additional 1000 room nights booked through the race owners Additional room nights driven by media, sponsors, and spectators December 19, 2017 - Page 56 of 578 Vail Circuit — West End COLORADO CLASSIC VAIL „tlt "" • — JP Recommended Route - Vail Circuit Vail Circuit — East End Bike Paths December 19, 2017 - Page 57 of 578 COLORADO CLASSIC VAIL Legendary Vail Time Trial IRE k VALLEY FOUN DATION Agile 4L6 { Orin M.. ..p 444 drp.rn CMS .970. 4 ri 4 deg r MMM. 61.94..[1 1 r5m Err »11.1 .TCI Goosle earth December 19, 2017 - Page 58 of 578 COLORADO CLASSIC VAIL Request for Town of Vail Support Consideration Criteria ✓ Multi -Year (2018-2020)? . __. ✓ Two Stages in Vail? Yes! ✓ Race stages stay in Vail? Yes! ✓ Event Dates fill a need period? Yes! ✓ Financial support reduced? Yes! $155,000 in cash, per stage $32,500 value in kind, per stage *In comparison, for the USA Pro Challenge event, Town of Vail provided support of $175,000 in cash and $25,000 in trade for one stage. r.- w December 19, 2017 - Page 60 of 578 TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town of Vail Annual Resale Lottery Criteria Process and Options for Consideration for Process Amendments — Recommendation to Vail Town Council PRESENTER(S): George Ruther, Director of Community Development and Steve Lindstrom, Chair, Vail Local Housing Authority ACTION REQUESTED OF COUNCIL: Listen to the staff presentation on the recommendation for amendments to the annual resale lottery criteria process and solicit public comment. Provide instruction to the Town staff on proposed amendments. BACKGROUND: The Vail Town Council requested that the Vail Local Housing Authority and the Community Development Department review the existing Town of Vail annual resale lottery criteria process and recommend options for amendments, improvements and enhancements. A number of objectives and identified issues to be addressed as a result of this request are outlined in the staff memorandum to the Vail Town Council. STAFF RECOMMENDATION: Following careful and thoughtful review of the Town's annual resale lottery criteria and selection process the Vail Local Housing Authority finds that amendments, improvements and enhancements are needed to realize the goals and objectives for housing in Vail. To be successful, the resale lottery criteria and selection processes should be aligned with Town's goals and objectives for housing. A complete list of recommended actions is outlined in the staff memorandum. ATTACHMENTS: Description Staff Memorandum December 19, 2017 - Page 61 0 TOWN OF VAIIL. Memorandum To: Vail Town Council From: Vail Local Housing Authority George Ruther, Director of Community Development Date: December 19, 2017 Subject: Town of Vail Annual Resale Lottery Criteria Process and Options for Consideration for Process Amendments — Recommendation to Vail Town Council Purpose of this Memorandum The Vail Town Council requested that the Vail Local Housing Authority and the Community Development Department review the existing Town of Vail annual resale lottery criteria process and recommend options for amendments, improvements and enhancements. The goals and objectives of the effort are to: • Improve efficiency (i.e. cost) and effective (i.e. time) of the lottery process for both the Town and the applicants. • Ensure consistency, predictability and fairness in the process. • Increase alignment between the annual lottery process with the Town's housing policies and objectives. • Increase emphasis on creating housing opportunities to enhance community; not just workforce. • Improve the opportunity for participation in the lottery amongst all persons eligible to own a deed restricted home in Vail. • The opportunity to own deed restricted housing in Vail is at the core of maintaining and sustaining community. • Increase participation and opportunity in the lottery selection process. The purpose of this memorandum is two -fold: 1) share the adopted Town of Vail Annual Resale Lottery Criteria Process, and 2) present the recommendation of the Vail Local Housing Authority for amendments, improvements and enhancements to the criteria and lottery process. II. Background The Town of Vail Community Development Department conducts an annual resale lottery selection process to determine eligibility to bid and purchase for -sale deed restricted employee housing units which may become available for purchase in the coming year. This lottery selection process occurs the first week of June, annually. The procedures for the Town's annual resale lottery process are outlined in the Town of Vail Employee Housing Guidelines, December 19, 2017 - Page 62 0 adopted October 10, 1999. By and large, and specifically as it relates to the lottery process, the Guidelines have remained unchanged since their original adoption nearly twenty years ago. The Community Development Department routinely receives feedback from resale lottery participants about the process. Unfortunately, not all of the feedback is positive. Some of the more frequently shared negative feedback includes comments regarding the following: • Participants must meet the deed restriction criteria at the time of application instead of the time of purchase. • Household size requirements limit home purchase options and disregards future changes in lifestyle or family sizes. • Telecommuting and other forms of "work from home" employment is not allowed. • The weighted preference system limits participation and prevents persons from moving back into Town. • The tiered system conflicts with the weighted preference system. • The process is time consuming, costly and inefficient. • The current process is anything but a true lottery and discourages participation. • Persons that currently own a home or a vacant residential lot in Eagle County can not participate. III. Existing Annual Lottery Resale Criteria and Process A copy of the Resale Lottery Criteria is outlined below: Resale Lottery Criteria A. There are six basic eligibility requirements which must be met prior to an individual submitting a bid to purchase an employee -housing unit. 1. The applicant must intend to use the unit as his/her primary residence and maintain it as his/her primary residence in the future. 2. The applicant must be currently employed at a business located within Eagle County which holds a business license with the appropriate jurisdiction (Town of Vail, Town of Avon, etc.), must be employed an average of 30 hours each week on an annual basis, and must maintain this level of employment for as long as he or she owns the unit. 3. The applicant must demonstrate that at least 75% of his/her income and earnings are earned by working at a licensed Eagle County business. 4. Neither the applicant nor any member of the applicant's immediate family (including, but not limited to, spouse and children under 18 years of age) may own residential real estate in Eagle County at the time of application, except where that real estate is deed restricted as a Town of Vail employee housing unit with a resale appreciation cap. A current residence may not be deeded to a corporation or other entity in order to qualify the applicant for a Town of Vail deed restricted unit. 5. The applicant must be prequalified with a mortgage lender. 6. For all Town of Vail deed restricted three bedroom units, the applicant must have a Town of Vail Page 2 December 19, 2017 - Page 63 0 household size of 3 or more persons. For the purposes of determining household size, applicants may include all persons related to the applicant by blood, marriage, or adoption. If the applicant plans to include dependents, they must be continuously listed on federal income tax forms and reside in the household at least six months and one day out of every 12 month period of time. A pregnancy may be counted towards the family size requirement as long as a note from an Eagle County doctor is provided. B. Once basic eligibility has been met, the qualified person(s) submitting the highest bid price (not to exceed the maximum bid price) during a bidding period shall have the first right to negotiate purchase of the unit. If two or more qualified bids are submitted at the highest bid price, they shall receive preference and be prioritized for selection as the top bidder based on the highest score using the criteria listed below. Each year of residency and employment in Eagle County will count as one point in determining the total score. Additional points will be determined as follows: 1. All current years of employment in Vail shall be weighted at 3:1 over years of employment in Eagle County. 2. All current years of residency in Vail shall be weighted at 3:1 over years of residence in Eagle County. 3. All years of residency and/or employment prior to a leave from Eagle County shall be given points at a 1:1 ratio regardless of location of residency or employment within Eagle County. C. Notes: 1. The physical place of residence and employment is what counts, not the mailing address. 2. Employment physically located on Vail Mountain shall be considered inside the Town of Vail. 3. Employment requiring work to be completed at locations "on-site" throughout Eagle County (e.g., construction sites) shall be considered outside the Town of Vail. 4. Seasonal work and part time work shall be counted on a pro -rata basis. Seasonal work and part time work alone may not be adequate to meet the 30 hours/week average annual requirement. This type of work may need to augment other employment to meet the minimum eligibility. 5. For the purposes of determining the standing of each applicant, each year of residency (or employment) reflects one point. For the portion of time in excess of a complete year, the Town will round to the next highest number if the time exceeds six months and one day. If the time is less than six months, the Town will round down. 6. If two individuals are applying jointly, the years of employment and/or residency shall not be combined. The single individual with the longest record of employment and/or residency shall use his or her record for the purposes of determining longevity. Town of Vail Page 3 December 19, 2017 - Page 64 0 7. Persons who own residences located in Vail or Eagle County at the time of the application deadline are not eligible. 8. All claims will be verified by Town of Vail staff. Claims of residence or employment that do not check out or are un -verifiable will not be counted in determining your longevity. 9. If there is a sole applicant in the top tier of the lottery, the scheduled lottery will not be conducted and the unit will be awarded to the top tier applicant. A drawing to establish the reserve list will be held in the Community Development office during regular business hours and shall be witnessed by the Town Clerk. 10. The application and any accompanying documentation shall become the property of the Town of Vail and will not be returned to the applicant. C. For all resales of existing Town of Vail deed restricted units, a permanent reserve lottery list will be used. The reserve list will be created using the exact same criteria outlined above. 1. The first person on the list will be offered the unit available for resale. If that person chooses not to take the unit, they will be dropped to the end of the list and the next person will have the option to purchase the available unit and so on, until a buyer is found. 2. The list will be updated by an annual lottery. 3. Separate reserve lists will be created for two bedroom and three bedroom units. IV. Vail Local Housing Authority Recommendation Following careful and thoughtful review of the Town's annual resale lottery criteria and selection process the Vail Local Housing Authority finds that amendments, improvements and enhancements are needed to realize the goals and objectives for housing in Vail. To be successful, the resale lottery criteria and selection processes should be aligned with Town's goals and objectives for housing. In the absence of alignment, it is unlikely that the Town will realize its desired results when it comes to housing in the community. To that end, the Vail Local Housing Authority has reviewed the current criteria and recommends that Vail Town Council authorizes Town staff to pursue revisions to the current criteria and lottery by taking action on the following: 1. Clearly define the goals and objectives of the Town's lottery criteria and process. 2. Allow current residential property owners, including vacant residential land, to participate in the lottery. 3. Phase out the weighted preference and tiered systems and replace them with a true lottery process, effective June 2018. 4. Replace the annual lottery process with an individual and separate process for each home when it becomes available for purchase. 5. Eliminate the minimum household size requirements. 6. Simplify the application submittal process and minimize to the extent possible the materials required for participation. 7. Implement a true lottery drawing process which affords all qualified participants an equal chance of being selected. Town of Vail Page 4 December 19, 2017 - Page 65 0 TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No.17, Series of 2017 -Amending Title 12, Zoning Regulations, removal of vegetation for Wildfire Mitigation PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: Approve, Approve with Conditions or Deny Ordinance N. 17, Series of 2017 on 1st Reading. BACKGROUND: This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) permit for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program or through the town's abatement provisions for dangerous or diseased trees. The proposal eliminates the requirement fora DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal. STAFF RECOMMENDATION: The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on November 13, 2017 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. This recommendation was based on a finding that the proposal furthered the adopted goals, objectives and polices of the Vail comprehensive plan. ATTACHMENTS: Description Staff Memorandum A. Ordinance No. 17, Series of 2017 B. PEC Memo, November 13, 2017 C. PEC Minutes, November 13, 2017 December 19, 2017 - Page 66 0 TOWN oFVAiL) To: Vail Town Council From: Community Development Department Vail Fire and Emergency Services Department Date: December 19, 2017 Memorandum Subject: Ordinance No. 17, Series of 2017. Amendments to Sections 5-11-7 and 12-11-3 of the Vail Town Code related to vegetation removal for wildfire mitigation purposes. I. SUMMARY This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) permit for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program or through the town's abatement provisions for dangerous or diseased trees. The proposal eliminates the requirement for a DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal. This proposal also corrects that the appropriate authority for the issuance of tree removal permits under the Town of Vail's abatement procedures for dangerous or diseased trees is the Fire and Emergency Services Department, not the Community Development Department. II. PLANNING AND ENVIRONMENTAL COMMISSION ACTION The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on November 13, 2017 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. This recommendation was based on a finding that the proposal furthered the adopted goals, objectives and polices of the Vail comprehensive plan. III. BACKGROUND Over the course of the past year, the Fire Department has evaluated all aspects of the current Wildfire Mitigation Program in an effort to identify opportunities to more effectively reduce the threat of catastrophic wildfire and associated loss of homes. This December 19, 2017 - Page 67 0 evaluation included a review of the existing Town Code pertaining to wildfire mitigation and defensible space. In collaboration with the Community Development Department, the Fire and Emergency Services Department has proposed eliminating the DRB requirement for vegetation removal when approval has been granted by the Wildland Coordinator. IV. DESCRIPTION OF THE REQUEST The following amendments are proposed with new language in underline and items to be removed designated by a strikethrough. Sec. 5-11-7: Permit for Removal An owner desiring to remove diseased trees shall file an application for a permit with the community development department Fire and Emergency Services Department. There shall be no application fee for the permit. The application shall contain a written narrative describing the type, size, quantity and general location of the diseased trees proposed to be removed. The director may perform a site visit prior to taking any action on the permit application. 12-11-3: DESIGN APPROVAL A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening, and landscape, and vegetation removal approved by the Fire and Emergency Services Department through a Wildfire Hazard Assessment shall be exempt from this provision. V. ACTION REQUESTED OF THE VAIL TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, Series of 2017 upon first reading. VI. ATTACHMENTS A. Ordinance No. 17, Series of 2017 B. PEC Memo, November 13, 2017 C. Draft PEC Minutes, November 13, 2017 Town of Vail Page 2 December 19, 2017 - Page 68 0 ORDINANCE NO. 17 SERIES 2017 AN ORDINANCE AMENDING SECTIONS 5-11: ABATEMENT OF DISEASED TREES AND WILDFIRE FUELS AND 12-11: DESIGN REVIEW, RELATED TO VEGETATION REMOVAL FOR WILDFIRE MITIGATION PURPOSES WHEREAS, the Vail Town Council wishes to clarify and codify existing standard operating procedures related to the removal of vegetation for wildfire mitigation purposes; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and on November 13, 2017 submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the zoning regulations; WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-11-7 of the Vail Town Code is hereby amended as follows: Sec. 5-11-7: Permit for Removal An owner desiring to remove diseased trees shall file an application for a permit with the community development department Fire and Emergency Services Department. There shall be no application fee for the permit. The application shall contain a written narrative describing the type, size, quantity and general location of the diseased trees proposed to be removed. The director may perform a site visit prior to taking any action on the permit application. Section 2. Section 12-11-3 of the Vail Town Code is hereby amended as follows: 1 December 19, 2017 - Page 69 0 Sec. 12-11-3: Design Approval A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening, and landscape, and vegetation removal approved by the Fire and Emergency Services Department through a Wildfire Hazard Assessment shall be exempt from this provision. 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 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 ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 2 Dave Chapin, Mayor December 19, 2017 - Page 70 0 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of January, 2018. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor December 19, 2017 - Page 71 0 (1/ 4 TOWN OF VARY Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2017 SUBJECT: 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 12, Development Standards, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto. (PEC17-0043) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) application for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for tree removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program. The proposal removes the requirement for a DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal. Based upon staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to clarify and codify existing standard operating procedures related to vegetation removal. Currently there are two (2) owner -initiated processes for the removal of vegetation in the Town of Vail. They are: 1. Design Review Board application for the removal of vegetation not associated with a development application. December 19, 2017 - Page 72 0 2. Wildfire Hazard Assessment as part of the Fire Adapted Vail Program performed by the Wildlands Coordinator. The purpose of the proposed text amendment is to clarify that these processes do not conflict with language in the Vail Town Code and that duplicate approvals for vegetation removal are not necessary. III. BACKGROUND The Community Development Department strives for rules and regulations that are consistent, enforceable, predictable and easily understood. The Community Development Department has worked closely with the Vail Fire and Emergency Services Department to ensure that the criteria used to evaluate requests for vegetation removal are consistent. Water Quality Education Coordinator Pete Wadden and Wildlands Coordinator Paul Cada have established a clear protocol including interdepartmental reporting to guarantee that all Town values, including defensible space, environmental quality and aesthetics are considered regardless of the department approving vegetation removal. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. 8. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. Town of Vail Page 2 December 19, 2017 - Page 73 0 V. PROPOSED TEXT AMENDMENT The following amendments are proposed with new language in bold and items to be removed designated by a strikethrough 12-11-3: DESIGN APPROVAL A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening, and landscape, and vegetation removal approved by the Vail Fire Department through a Wildfire Hazard Assessment shall be exempt from this provision. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment furthers the general and specific purposes of the zoning regulations by clearly informing potential applicants and property owners that a Design Review Board approval is not necessary for vegetation approved for removal by the Vail Fire and Emergency Services Department as part of a Wildfire Hazard Assessment. This text amendment will codify the existing practice of the Community Development and Fire and Emergency Services Departments and helps to improve the clarity of the code. This text amendment meets the following purposes of the zoning regulations: 12-1-2 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. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. Town of Vail Page 3 December 19, 2017 - Page 74 0 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment is compatible with the development objectives of the town. This change will establish clear and consistent language in the Vail Town Code. Following are some of the relevant goals of the Town's Comprehensive Plan: • Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. • Goal #3: Ensure fairness and consistency in the development review process. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a lack of clarity within existing regulations. As a matter of practice, the Community Development Department has not required an additional Design Review Board application for work approved by the Fire and Emergency Services Department. The proposed text amendment will codify this practice. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Town of Vail Page 4 December 19, 2017 - Page 75 0 The proposed text amendment provides a clear understanding of when a Design Review Board application is required and ensures that regulations are consistent with municipal development objectives. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve the proposed Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Development Standards, Vail Town Code, related to vegetation removal for wildfire mitigation purposes. (PEC17-0043) If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Development Standards, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of the Community Development Department memorandum dated November 13, 2017 and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Town of Vail Page 5 December 19, 2017 - Page 76 0 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Town of Vail Page 6 December 19, 2017 - Page 77 0 TOWN Ore) 1 Call to Order PLANNING AND ENVIRONMENTAL COMMISSION November 13, 2017, 1:00 PM Vail Town Council Chambers 75S. Frontage Road -Vail, Colorado, 81657 Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, Karen Perez, John Rediker, and Brian Stockmar Absent: John -Ryan Lockman 2. Informational Update 2.1 Environmental Sustainability Plan Update Kristen Bertuglia, Environmental Sustainability Manager, introduced Jeff Hohensee, Vice President at Natural Capitalism Solutions, a consultant for the Town's Environmental Sustainability Strategic Plan (ESSP) update. Mr. Hohensee provided a PowerPoint presentation to the PEC regarding the update. The presentation began with a review of the existing goals established in the 2009 ESSP: sustainable economic and social development, public education and communication, transportation, waste diversion, energy efficiency, and ecosystem health. Hohensee described the next steps in the ESSP update process. Next steps include an implementation workshop, Town Council work sessions, PEC review and recommendation, finalize the update, and then begin implementation. Kurz & Rediker — Asked about the number of businesses involved in the Actively Green program and the level of training involved. Bertuglia responded that there are over 100 businesses involved, 51 of which are certified. She then outlined the training available to said businesses. Gillette — Asked for clarification on the progress made in regards to energy efficiency. Bertuglia referenced a chart depicting the Town's municipal carbon dioxide production. Gillette commented that ice melt systems need to be addressed, not just for new projects but upgrading the existing system. The PEC and Hohensee discussed the benefits of electric vehicles and renewable energy. Perez — Asked for clarification on how far into the future the ESSP will be updated. Bertuglia responded that the goal is to update the plan approximately every five (5) years. Rediker — Asked about the reduction in the use of pesticides in the Town. Bertuglia confirmed that there has been a reduction in the use of pesticides. December 19, 2017 - Page 78 0 Rediker asked if literature was sent to homeowners educating them on the use of pesticides or if there was an employee they can talk to about such matters. Bertuglia responded there has been information provided on the lovevail.org website, in direct mailers, brochures, monthly Lunch with the Locals events, and in an annual landscaping workshop where participants are eligible to become Gore Creek Leadership Partners. There is also a watershed education coordinator on staff that can answer questions and provide guidance. Kurz — Asked about considerations of climate change and the changing nature of the Environmental Protection Agency (EPA). Hohensee stated that one of the biggest short-term concerns is drilling on public lands. 3. Site Visits: 3.1 Site Visit to Solar Vail, 501 N. Frontage Road W., to observe existing conditions and prepare for review of the development plan, conditional use permit, and variance applications. (PEC17-0046, PEC17-0050, and PEC17- 0051) 4. Main Agenda 4.1 A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, concerning an update to the 1994 Comprehensive Open Lands Plan, and setting forth details in regard thereto. (PEC17-0049) Applicant: Town of Vail, represented by Kristen Bertuglia, Environmental Sustainability Manager Planner: Chris Neubecker Motion: Table to November 27, 2017 First: Perez Second: Kurz Vote: 6-0-0 Bertuglia introduced Tom Braun, Braun Associates, Inc., who provided a PowerPoint presentation on the update to the 1994 Comprehensive Open Lands Plan. While it is often regarded as an Open Space plan, the plan is more than that as it includes trails, vacant lands, etc. Braun summarized the objectives and areas of focus of the 1994 plan. The main areas of focus were environmentally sensitive lands, Town -owned lands / use of lands, and trails. The goals of the update include: confirmation of community goals and priorities, evaluate the action plan, provide better direction on trails, evaluate Town -owned lands, and management strategies. Braun outlined the approach and timeline of the update. The Town is nearing the end of the process as a draft plan has been provided for public comment. The PEC is required to make a recommendation to the Town Council, who will make a final vote on the plan update. Braun summarized the community input received throughout the planning process. Topics important to the public included: land acquisitions, protecting environmentally sensitive lands, trails, community facilities, and housing. December 19, 2017 - Page 79 0 Braun reviewed the major changes between the 1994 plan and the update in regards to environmentally sensitive lands, the use of Town -owned lands, trails, and the action plan. Rediker stated that there is a member of the public that would like to comment but is limited in their availability today. Rediker opened the meeting for public comment. Anne Esson — Expressed her concern about an environmentally sensitive piece of land that is also identified as a priority area for a new mountain bike trail. The area is used by peregrine falcons for nesting. She described the importance of peregrines to the environment and their sensitivity to human interference. She stated that there are alternative locations for the proposed trail. Gillette — Asked for clarification as to which proposed trail Ms. Esson was describing. Gregg Barrie, Senior Landscape Architect, noted that the referenced trail is labeled as #13 in the plan update. Mr. Barrie stated that any proposed trail would need to be reviewed for its impact on the environment and wildlife, such as peregrines. The plan is currently at such a high level that further investigation would be conducted if a decision were made to construct said trail. Braun continued his presentation by referring to a diagram that identified private undeveloped properties and environmentally sensitive areas within the Town. He identified specific properties of interest for the plan update. Braun reviewed the proposed implementation strategies for the environmentally sensitive lands and different protection strategies for Town - owned environmentally sensitive lands. Designated Open Space and conservation easements are two (2) such strategies. Braun referenced an image that depicted the 26 properties within the Town that could be zoned to Designated Open Space. There were four (4) areas that were deemed worthy of discussing if the Town should pursue conservation easements: Gore Creek Corridor, Katsos Ranch, Donovan Park Upper Branch, and two (2) parcels in Booth Falls. The plan does not make any recommendations for the potential Designated Open Space or conservation easement properties. Further studies are required prior to any decisions are made regarding said properties. Braun continued by discussing the identified public facilities and community use needs. There are 161 Town -owned lands that were reviewed for their ability to meet any of the public facility or community use needs. Of the 161 properties studied, there are eight (8) properties left that might accommodate such needs. The Middle Bench of Donovan Park is one such property. However, it was purchased with RETT funds that limit its potential uses. The team then analyzed 106 privately -owned properties for their ability to accommodate public facilities or community use needs. There were three (3) properties identified: Chamonix Road parcels, the site of the former Roost Lodge, and the CDOT/Bighorn parcel. December 19, 2017 - Page 80 0 Braun then discussed strategies and recommendations for the management of Town -owned lands. Rediker — Asked how many properties in the Town have conservation easements located on them. Braun responded that there are four (4) such properties. Rediker asked about the advantages for conservation easements versus the Town zoning a property as Designated Open Space. Braun stated that the difference is that conservation easements are permanent while Designated Open Space zoning could conceivably be changed over time as resident and/or Board priorities change. Stockmar — Stated he would like to understand more about the legal constraints that a land trust imposes on property. Braun responded that uses of the land are negotiable with the land trust. Rediker added that he understands private conservation easements tend to be more stringent because there is a considerable tax benefit for such easements. Rediker asked what the benefit to the Town is when the Town itself can limit the uses, and the Town does not get a tax benefit. Braun continued his presentation by discussing the trails component of the plan update. Braun stated that there has been a strong interest and passion in trails, but there have been divergent opinions. Small group meetings and a trails workshop was held in order to guide the trails portion of the plan update. The five (5) major themes in regards to trails were: safety, sustainability, accessibility, diversity, and connectivity. Braun summarized the vision statement established for trails in the Town. Referencing an image, Braun described the existing trails and those proposed as part of the plan update. Any new trails will require a thorough review of any impact on the environment and wildlife. Stockmar — Asked about what enforcement methods are in place for preserving "hiking only" trails. Braun responded that it is difficult to enforce such regulations. Braun then outlined the next steps and implementation process for establishing any new trails. Such steps include detailed studies and designs, community process, a two-step process with the United States Forest Service (USFS), and examining potential collaborations down valley. Braun concluded his presentation by reviewing the updated action plan that would be required to implement all of the recommendations made within the plan update. Stockmar — Stated that he views the meeting as an introduction with the need for additional meetings. He believes that an enforcement mechanism for "hiking only" trails is required. Barrie stated that this can be done primarily through trail design. He added that any trail on USFS property is considered a multi -use trail. Stockmar added that he would like to examine parking restrictions for trailheads, especially at Booth Creek. Braun stated that the Town coordinate with the USFS as how trailheads can be better managed. Outreach to trail users is another recommendation within the plan update. December 19, 2017 - Page 81 0 Rediker — Asked if there is anything within the updated action plan that addresses the previous comment regarding the protection of the peregrine nesting areas. Barrie pointed out language on page 28 of the plan update that states trail development is subject to the review of its impact on the environment and wildlife. Rediker opened the hearing for public comment. Wolf Mueller — Asked about a parcel in the Glen Lyon subdivision and its relevance to the plan update. Braun identified the property as Item No. 2 on the map in the plan update. There are private covenants on the property that maintain the property as open space. Gillette asked why the property is not being considered for a conservation easement. Braun stated that it is a possibility, but does not currently me the criteria required for designation. Jim Daus, Eagle Valley Land Trust — Stated that the Land Trust is available to help provide information and facilitate any Town requests. He commented that the Designated Open Space zone district is a great tool that not many communities possess. Asked that a comment on page eight (8) of the plan update regarding fees for monitoring conservation easements be stricken. Added that there are ways for the Town to save money by utilizing conservation easements and would like to see that reflected in the plan update. Gillette asked for clarification as to how the Town can save money. Daus stated that the cost savings would be for private property owners. Paul Rondeau — Is concerned about the process. He stated that he has provided a four (4) page document, dated October 2, 2017 to the PEC, and wants to know if the document was presented to the PEC. Bertuglia stated she believes the document was provided at the prior meeting in which the plan update was discussed. Rondeau summarized the document's contents. Topics included an area near upper Matterhorn Circle, reasons why the middle bench of Donovan Park should be zoned Designated Open Space, and a process that would involve an Open Space Board of Trustees. Gillette indicated that the role of an Open Space Board of Trustees is included in the plan update document. Braun confirmed Gillette's statement. Their role is to focus on making recommendations for properties to be zoned Designated Open Space. Neubecker confirmed Mr. Rondeau's document was included with the October 9, 2017 PEC packet. Tom Vucich — Summarized the primary objective of the 1994 Comprehensive Open Lands Plan was to acquire and protect open space. He believes throughout the process the public has been vocal that this should still be the same goal. Jim Daus — Asked that recreation be included as a potential use for conservation easements. Hopkins — Stated that she would like another two (2) weeks to think about and review the plan update. December 19, 2017 - Page 82 0 Perez — Appreciates all of the citizen participation. She would also like time to further think about the plan update. Kurz — Agreed with Commissioners Perez and Hopkins that additional time for review of the plan update is necessary. Does not believe the 1994 plan is broken, but does need updating. He agrees with Tom Vucich that protecting open lands is still important, but the Town may also benefit from purchasing sites that might be available for development for facility and community needs. He believes trail development needs to be studied very closely to accommodate as many people as possible. Gillette — Supports the plan update. He believes that the plan update should address comments made in regards to additional information about conservation easements and land trusts. The differences between Designated Open Space and conservation easements need to be made clearer. He does not generally support the use of conservation easements on Town -owned lands. He would like to know how more public lands can be protected through the Designated Open Space district through a possible amendment to the Town Charter, if necessary. Stockmar — Concurs with the other Commissioners. He believes it is a complex issue that needs more time to be fully reviewed. Rediker — Agrees with the rest of the PEC. He thanked the citizens for their participation. He encouraged the PEC to provide a list of questions and concerns so that they can be addressed at the next meeting. George Ruther, Director of Community Development, stated that it would be best if the questions and concerns be brought forth at the next meeting. 4.2 A request for the review of a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of employee housing units (EHUs) with the following associated requests: (1) a request for the review of a conditional use permit, pursuant to Section 12-61- 3, Conditional Uses, in accordance with the provisions of Section 12, Chapter 16, Conditional Use Permits, to allow for business offices and professional offices, as further regulated by Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code; (2) a request for the review of multiple variances in accordance with the provisions of Section 12, Chapter 17, Variances: (a.) a variance from Section 12-61-8, Parking and Loading, Vail Town Code to allow parking in the front and side setbacks; (b.) a variance from Section 12-10-9, Loading Standards, Vail Town Code, to allow for a loading berth Tess than the required dimensions; (c) a variance from Section 12-21-10, Development Restricted, Vail Town Code, to allow for development on a slope greater than forty percent (40%); (d.) a variance from Section 14-5-1, Minimum Standards, Vail Town Code, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces; and (e.) variances from Section 14-6-7, Retaining Walls, Vail Town Code, to allow retaining walls with an exposed face height over six feet (6') tall and over three feet (3') tall within the front setback, located at 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. December 19, 2017 - Page 83 0 (PEC17-0046, PEC17- 0050, PEC17-0051) Applicant: Sonnenalp Properties, represented by GPSL Architects, P.C. Planner: Chris Neubecker Motion (Development Plan, PEC17-046): Approve, with Conditions First: Kurz Second: Stockmar Vote: 5-1-0 (Gillette Opposed) Conditions: 1. Approval of this development plan is contingent upon the applicant obtaining Town of Vail approval of an associated Design Review Board application. 2. The Applicant shall obtain an access agreement from the Town of Vail, in a form acceptable to the Town Attorney, for any and all driveway improvements on, over or across Town owned Tract A, Middle Creek Subdivision. Such agreement shall be executed prior to issuance of a building permit. 3. Concurrent with the submission of a building permit application, the applicant shall submit a site specific geological investigation, in accordance with Section 12-21-13, Vail Town Code, for any proposed development within a mapped Rockfall Hazard Area. The applicant shall be responsible for any changes to the building permit plans required by the professional geologist or registered professional engineer who prepared the report. 4. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the building, the applicant shall legally execute and record with the Eagle County Clerk and Recorder the Town of Vail Type VI employee housing unit covenant for all sixty-five (65) residential units within the building. 5. Prior to issuance of a building permit, the applicant shall exchange eleven (11) existing deed restrictions on the property to other locations in the Town, though the Employee Housing Unit Deed Restriction Exchange Program, Section 12-13-5 Vail Town Code. Motion (Conditional Use Permit, PEC17-0050): Approve, with Conditions First: Stockmar Second: Kurz Vote: 6-0-0 Conditions: 1. This Conditional Use Permit shall lapse and become void if a building permit is not obtained and diligently pursued toward completion or the approved use has not commenced within two (2) years from the date of approval. Any conditional use which is December 19, 2017 - Page 84 0 discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Vail Town Code. 2. Failure of the applicant to adhere to these conditions of approval may require review of this Conditional Use Permit, including a public hearing by the Planning & Environmental Commission, and may result in revocation of this permit. Motion (Variances, PEC17-0051): Approve First: Kurz Second: Stockmar (Gillette Opposed) Vote: 5-1-0 Neubecker began his presentation by summarizing the applicant's request. The proposal is for 65 employee housing units (EHUs) with a small office (requiring a Conditional Use Permit) used for managing on-site and off-site housing owned by the applicant. The Housing (H) District allows for a lot of flexibility in regards to development standards. There are five (5) variances associated with the proposed development plan. Neubecker stated that the PEC conducted a conceptual review of the project in April of 2017. Also, there was a previous approval for a similar but larger development on this site in 2008, but the project never moved forward. Neubecker clarified that within the proposed motion, the number of deed restriction units to be exchanged for off-site units should be changed from nine (9) to eleven (11), as there are eleven (11) EHUs currently on the property. Neubecker stated that multiple Town planning documents cite the need for employee housing within the community. In regards to the development plan, the PEC is asked to specifically review building height, GRFA, and lot area. Neubecker reviewed the development plan documents that would be incorporated into any approval. The applicant has received permission to proceed from the Town Council to use Town -owned property to the east for site access. The property is in proximity to Lionshead and multiple bus routes. The project has only 34 parking spaces where 113 are required, but the applicant has provided a parking management plan that addresses said shortage. Neubecker emphasized that there is specific review criteria for a development plan, conditional use permit, and variances. Staff recommends approval of the application. Perez — Asked for specifications as to the end use of the project. She believes the parking management plan only speaks to the occupancy of the building by Sonnenalp staff. Pratt stated that 16 units will first be offered to the public before Sonnenalp staff. Perez asked if parking will be available to the non-Sonnenalp staff. Pratt stated that leases will be offered first to those without vehicles. Pratt stated that the item is nearly identical to what was proposed in April of 2017. December 19, 2017 - Page 85 0 Stockmar — Stated that the west fagade has balconies that may represent an attractive nuisance due to their proximity to the sloping hillside. Pratt stated that final grading is unavailable at this time. Rediker — Asked Pratt to confirm that the parking management plan applies to all of the units, not just Sonnenalp employees. Pratt stated that the request could be made a condition of approval. Rediker asked how much further up the hillside development would occur beyond the location of the existing retaining walls. Pratt stated that it will extend approximately fifteen feet (15') beyond the current location. Rediker asked for the height of the retaining wall in the rear. Pratt stated that it is not certain because they do not have final grading information available. Rediker asked if the retaining wall will be visible from the North Frontage Road. Hopkins — Asked for clarification as to what will happen to the existing retaining walls. Kurz — Asked what will happen to the telecommunications equipment on top of the existing building. Pratt stated he is unsure at this time if the existing operator will seek to maintain a presence on the new building. Kurz asked for clarification as to the size of the proposed loading berth. Rediker asked if the plans accommodate for telecommunications equipment if the operators seek to stay at the project site. Pratt responded that they will be incorporated into the chimneys shown on the plan elevations. Rediker opened the hearing for public comment. There was no public comment. Stockmar — Pleased with the development plan, despite the number of variances requested. The requested variances will not negatively impact the area. He believes this is an appropriate project for the site. Gillette — Is concerned about the parking variance request and cannot support the project as is. Kurz — Believes the parking variance will not negatively impact the area because of the close proximity to Lionshead. He feels the community benefits (65 EHUs) outweighs the need for parking. Perez — Supports employee housing, but she has to look beyond the site. The PEC just approved a parking structure at Red Sandstone Elementary School because there is a lack of parking in the area. She is concerned about the requested parking variance, especially because there is an office use associated with the request. Hopkins — The goal of the Environmental Sustainability Strategic Plan (ESSP) is to reduce the amount of vehicles within the Town. This is the type of project that allows for people to not need a vehicle. She supports the project. Rediker — Asked where emergency vehicles will access the property and how December 19, 2017 - Page 86 0 they will maneuver on-site. Pratt stated that the Fire Department has reviewed the proposal and is comfortable they can maneuver the site. Rediker summarized all the approvals requested and stated he does have concerns regarding the lack of parking, but he does believe the location is well served by bus routes and is pedestrian -friendly. He believes the development plan, conditional use permit, and the variance meet their respective required review criteria. Perez — Asked if the applicant would dedicate one (1) parking space per each unit for non-Sonnenalp employees. Johannes Faessler, owner of the property, stated that he was unwilling to do so. He stated that he has already talked with people interested in renting the units and that only a few stated that they require parking spaces. Perez stated that there is nothing from preventing residents from waiving their parking space if it is not required. Faessler stated that the proposal at hand is the best that can be done in regards to the amount of parking provided. Hopkins stated that the intention of the proposal is for seasonal workers, not permanent families. Pratt added that the parking management plan specifies a property owned by Sonnenalp in East Vail that can be used for parking/vehicular storage. Pratt also stated that the First Chair project across from Solar Vail has more beds per parking space than what is proposed for Solar Vail. Gillette asked if there was a variance granted for their parking. Neubecker stated that the First Chair development received approval for the amount of parking spaces provided. Gillette stated that the reason the Town has a parking issue is because not enough parking has been built. Faessler stated that the Town's parking issues can be separated from the Town's affordable housing problem. Gillette — Asked Neubecker about a procedural issue for voting on the requested variances. Neubecker stated that if he wished to vote against the parking spaces, he would vote against the development plan, not any particular variance. 4.3 A request for the review of variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) Applicant: Eileen Hyatt, represented by RKD Architects, Inc. Planner: Matt Panfil Motion: Table to December 11, 2017 First: Kurz Second: Perez Vote: 6-0-0 4.4 A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations December 19, 2017 - Page 87 0 amendments to the following: (1) Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to add a definition for Lodge, Mixed -Residential; (2) Section 12-7A-3, Conditional Uses, Vail Town Code to allow Lodge, Mixed - Residential as a conditional use within the Public Accommodation (PA) District; (3) Section 12-7J-3, Conditional Uses, Vail Town Code to allow Lodge, Mixed -Residential as a conditional use within the Public Accommodation -2 (PA -2) District; and (4) Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to add Item A-17, Lodge, Mixed - Residential, and setting forth details in regard thereto. (PEC17-0052) Applicant: Braun Associates, Inc. Planner: Matt Panfil Withdrawn. 4.5 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, for a conditional use permit for a Lodge, Mixed -Residential, pursuant to Section 12-7A-3, Conditional Uses, in accordance with the provisions of Section 12, Chapter 16, Conditional Use Permits, 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. (PEC17-0053) Applicant: Ex Vail LLC Extell Development, represented by Braun Associates, Inc. Planner: Matt Panfil Withdrawn. 4.6 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 12, Zoning Regulations, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto. (PEC17-0043) Applicant: Town of Vail Planner: Jonathan Spence Motion: Approve First: Stockmar Second: Hopkins Vote: 6-0-0 Spence introduced the proposed text amendment by describing the three (3) different ways in which trees can be removed within the Town: 1.) abatement, 2.) Design Review Board (DRB) approval, or 3.) Wildfire Assessment conducted by the Fire Department. The Town is working together to make sure all tree removal requests follow the same criteria. The text amendment is a clean-up of existing language that is necessary to make sure the code is consistent across tree removal processes. December 19, 2017 - Page 88 0 Rediker opened the hearing for public comment. There was no public comment. There was support from all of the members of the PEC. Rediker stated that the proposed text amendment complied with all review criteria. 5. Approval of Minutes 5.1 October 23, 2017 PEC Results Action: Approve First: Kurz Second: Stockmar Vote: 6-0-0 6. Adjournment Action: Adjourn First: Kurz Second: Perez Vote: 6-0-0 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 19, 2017 - Page 89 0 TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 22, Series of 2017, First Reading, Ordinance Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for certain parking violations PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 22, Series of 2017 upon first reading. BACKGROUND: Pursuant to C.R.S. § 42-4-111, the Town of Vail (the "Town") is empowered to regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction. Pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect, enforce, and impose fines and penalties for the violation of its local laws. ATTACHMENTS: Description Ordinance No. 22, Series of 2017 December 19, 2017 - Page 90 0 ORDINANCE NO. 22 SERIES 2017 AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, ARTICLES C AND D OF THE VAIL TOWN CODE, REGARDING PENALTIES FOR CERTAIN PARKING VIOLATIONS 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, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction; and WHEREAS, pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect, enforce, and impose fines and penalties for the violation of its local laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-3C-2 of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 7-3D-1 of the Vail Town Code hereby is repealed in its entirety and reenacted to read as follows: 7-3D-1: PENALTIES: A. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a parking violation other than a violation of Section 7-3C-1 (unlawfully parking in a parking space reserved for handicapped persons or persons with disabilities), shall be fined as follows: First offense: Second similar offense within one year: Subsequent similar offenses within one year: $50.00 $75.00 $150.00 B. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of Section 7-3C-1 (unlawfully parking in a parking space reserved for handicapped persons or persons with disabilities), shall be fined as follows: Ordinance No. 22, Series of 2017 December 19, 2017 - Page 91 0 First offense: Second offense within one year: Subsequent offenses within one year: $100.00 $150.00 $200.00 i 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. 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 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 22, Series of 2017 December 19, 2017 - Page 92 0 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 22, Series of 2017 December 19, 2017 - Page 93 0 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 23, Series of 2017, An Amending Chapter 9 of Title 1 of the Vail Town Code by the Addition of a New Section 1-9-8(E) Regarding the Use of Collection Agencies to Collect Unpaid Fines and Costs. PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 23, Series of 2017 upon first reading. BACKGROUND: House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. § 18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to pay money, failure to appear to pay money, or failure to appear at any post -sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount. The Town of Vail (the "Town") lacks the resources and expertise to collect past due receivables internally, the Town Council has decided to permit the Town to employ the services of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and restitution arising out of municipal court matters. ATTACHMENTS: Description Ordinance No. 23, 2017 December 19, 2017 - Page 94 0 ORDINANCE NO. 23 SERIES 2017 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 1-9-8(E) REGARDING THE USE OF COLLECTION AGENCIES TO COLLECT UNPAID FINES AND COSTS WHEREAS, House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. § 18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to pay money, failure to appear to pay money, or failure to appear at any post -sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount; WHEREAS, HB 16-1311 severely limits the ability of the Municipal Court to collect past due fines and costs owned to the Town due to ordinance violations; and WHEREAS, because the Town lacks the resources and expertise to collect past due receivables internally, the Town Council has decided to permit the Town to employ the services of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and restitution arising out of municipal court matters. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-9-8 of the Vail Town Code is hereby amended by the addition of a new Subsection E, reading as follows: 1-9-8: COURT COSTS: E. Use of Collection Agencies: To collect past due fines, penalties, costs, fees, surcharges and restitution, the Town may assign such accounts to any private collection agency, which agency shall be entitled to recover costs of collection in addition to the amount due. All fees or costs of a collection agency shall be added to the amount due, but such fees and costs shall not exceed twenty-five percent (25%) of the amount due to be collected. Section 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. Ordinance No. 23, Series of 2017 December 19, 2017 - Page 95 0 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 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 day of , 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 23, Series of 2017 December 19, 2017 - Page 96 0 TUN OF9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Red Sandstone Elementary School Parking Structure Update PRESENTER(S): Greg Hall Director of Public Works and Transportation ACTION REQUESTED OF COUNCIL: . The staff has requested the Town Council address the following: • Authorize the Town Manager to enter into a pre -construction contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500 • Amend the 2017 supplemental budget for the design and construction of the south 1 70 improvements by $287,500 to be funded by Vail Reinvestment Authority BACKGROUND: The Town of Vail and the Eagle County School District are working together to jointly construct a four -level 160 car parking structure on the current Red Sandstone School site. The work will include extensive site work to establish a loop road around the parking structure to allow access to each level while at the same time provide a one-way loop road for school drop off and pick up. STAFF RECOMMENDATION: Staff recommends the Town Council continue to pursue the four -level structure. In addition, the Town Council should take action on the items below: • Authorize the Town Manager to enter a pre -construction contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500 • Amend the 2017 supplemental budget for the design and construction of the south 1-70 improvements in the amount of $287,500 to be funded by Vail Reinvestment Authority. ATTACHMENTS: Description Staff Memo December 19, 2017 - Page 97 0 TOWN OF VAIIL. Memorandum TO: Vail Town Council FROM: Greg Hall, Director of Public Works and Transportation DATE: December 19, 2017 SUBJECT: Red Sandstone Elementary School Parking Structure Update I. PURPOSE The purpose of this discussion is to present a progress report on the Red Sandstone Elementary School Parking Structure project since the last update on October 17, approve a pre -construction contract with Haselden Construction which includes use of selected sub- contractors to prepare shop drawings for submittal to the building department scheduled for early next year and receive further project direction from the Town Council. Information to be presented includes: • Pre -construction contract with Haselden Construction to include sub -contractor design plan preparation for building department submittal • Cost and budgets for the project • Project schedule • Series of next steps for advancing the project forward 11. BACKGROUND Red Sandstone Parking Structure The Town of Vail and the Eagle County School District are working together to jointly construct a four -level 160 car parking structure on the current Red Sandstone School site. The work will include extensive site work to establish a loop road around the parking structure to allow access to each level while at the same time provide a one-way loop road for school drop off and pick up. Since March of 2016, the Town Council has provided direction to the staff as the project has progressed. The initial design work was funded by Eagle County School District during the spring exploratory process. The following is a timeline of direction/actions approved by the Vail Town Council: May 2, 2016 • Directed the Town Manager to enter into a pre -development agreement with Eagle County School District in a form approved by the Town Attorney • Authorized the Town Manager to negotiate a design contract with the Eagle County design team in an amount not to exceed $ 900,000 • Amended the first supplemental budget by $1,300,000 December 19, 2017 - Page 98 0 August 2, 2016 • Provided direction on the additional design components of the project o Expansion ability for additional floors o Space conversion ability o Various design components such as, photovoltaic • Directed the Town Manager to submit the plans to Vail Resorts in accordance to the Parking Investment Agreement • Provided input and direction on the Development Agreement with Eagle County School District • Submitted formal applications to Planning and Environmental Commission for an amendment to a Conditional Use Permit and Retaining Wall Height Variance • Submitted formal application to the Design Review Board for project approval • Authorized the Town Manager to negotiate a construction contract with Haselden Construction to bring back to the Town Council for approval August 16, 2016 • Authorized the Town Manager to enter into a Development Agreement with Eagle County Schools for the Red Sandstone Parking Structure September 11, 2017 • PEC approval received September, 2017 • Vail Resorts approval of Schematic Design plans received in accordance with Parking Investment Agreement October 4, 2017 • DRB approval received October 17, 2017 • Provided direction to the design team regarding uses anticipated the two additional floors and finalized the budget to accommodate those uses by amending the budget to accommodate the addition by $50,000. III. GENERAL CONTRACTOR AND PROJECT MANAGER The design team is led by DLR architects of Denver and TAB architects of Edwards, as well as additional design sub -consultants. Haselden Construction is the selected contractor. The Town of Vail will be the owner of the parking structure. The town has contracted with the design team for the design of the parking structure, driveway and lower bus lot and frontage road improvements. To continue to move the project forward, staff is requesting authorization to enter into a pre - construction contract with Haselden Construction for pre -construction services, and for Haselden to sub -contract with Stresscon Corporation (precast) and Schanbel Foundations (shoring and micropile foundations) to allow these sub -contactors time to prepare the necessary 2 December 19, 2017 - Page 99 0 shop drawing design documents to apply for the building permit early next year. The sub - contactors were selected based on competitive pricing completed last month by Haselden. In the future, the Town of Vail will contract with Haselden Construction for the construction of the complete project. In the event the project does not move forward, the town would only be responsible for costs associated with the pre -construction contract. The pre -construction amounts are as follows: • Haselden Construction pre -construction services $ 27,000 • Stresscon pre -construction services including shop drawing preparation $150,250 • Schnabel pre -construction services including shop drawing preparation $ 80,250 Total pre -construction contract with Haselden Construction $257,500 Does the Vail Town Council agree with the town contracting with Haselden Construction for preconstruction services for the parking structure project and direct the Town Manager to enter into a pre -construction contract in a form approved by the Town Attorney in the amount of $257,500? IV. PROJECT COSTS AND BUDGETS The May 2 preliminary total project budget for the four -level structure including all contingencies was: $14,657,900 The August 1 schematic design total project parking structure budget including all contingencies is: $ 14,286,912 Additional Structural Capacity in August 2017: $ 732,000 Final structural capacity budget adjustment on October 17, 2016: $ 50,000 Red Sandstone Parking Structure Budget: $ 15, 068,912 The overall costs have been updated based on design development drawings which include all costs of additional structural enhancements, plus approvals by the Planning and Environmental Commission and Design Review Board. The updated pricing provided by Haselden Construction during November of 2017 included competitive sub -contractor input and the project is currently within the budget established above. The town staff has identified additional off-site improvements to the path on the south side of the pedestrian overpass running parallel to the frontage road and connecting to the north -south walk connecting to Lionshead Village. Specifically, this walk would be heated similar to the north -south walk. The staff receives many complaints each year regarding safety concerns of pedestrians due to the grade of the walk and ice build-up caused by shade from the First Chair building. Increased use from the addition of a parking structure will only increase the town's exposure. The south side off-site improvements are estimated at: $ 287,500 Operating Costs The town staff has estimated the annual cost to operate the new structure as follows: Snow Removal $ 47,000 3 December 19, 2017 - Page 100 Parking operation/sweeping Utilities Maintenance Bathroom Cleaning Annual Operating and Maintenance Cost V. COST CONTRIBUTION FOR DESIGN AND CONSTRUCTION The cost-sharing for the project is as follows: Eagle County School District Vail Resorts Parking Commitment Vail Reinvestment Authority (VRA) Preliminary Overall Budget Cost for the off- site work on the south side of 1-70 funded by VRA $ 55,000 $ 11,750 $ 6,000 $ 13,100 $132,850 $ 1,500,000 $ 4,300,000 $ 9,268,912 $15,068,912 $ 287,500 The off-site improvements will be added to the 2017 final supplemental to allow the design to proceed accordingly. VI. PROJECT SCHEDULE AND NEXT STEPS The preliminary development schedule, milestones and next steps are outlined below: • Construction Documents (CD's) November -March Pre -Construction Contract Award December 19 Final CDOT approval December • • • • • • • • 50 % CD pricing Set 50 % CD pricing Submit for excavation and foundation permit 100 % CD complete Submit for complete building permit package 100 % CD pricing Complete • Foundation permit issued • Award construction • Begin construction • Complete building permit issued • Construction VII. ACTION REQUESTED January 12 January -February Mid February March 8 March 8 End of March April 1 April 3 April 4 May 1 April -November 2018 The Town Council is being asked to provide direction to the staff and School District regarding pursuit of a new parking structure on the Red Sandstone Elementary School site in conjunction with the School District's remodel of the school. The staff has requested the Town Council address the following: • Authorize the Town Manager to enter into a pre -construction contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500 • Amend the 2017 supplemental budget for the design and construction of the south 170 improvements by $287,500 to be funded by Vail Reinvestment Authority 4 December 19, 2017 - Page 101 VIII. STAFF RECOMMENDATION Staff recommends the Town Council continue to pursue the four -level structure. In addition, the Town Council should take action on the items below: • Authorize the Town Manager to enter a pre -construction contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500 • Amend the 2017 supplemental budget for the design and construction of the south 1-70 improvements in the amount of $287,500 to be funded by Vail Reinvestment Authority. 5 December 19, 2017 - Page 102 TOWN Of UAJL VAILTOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 9, Series of 2017, Second 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 second reading. BACKGROUND: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a second 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 RECOMMENDATION: On December 5, 2017 the Vail Town Council approved the establishment of Special Development District No. 42 on first reading by a vote of 6-1-0 (Foley opposed). Although approved on first reading, members of the council cited three primary concerns and requested that the applicant address these items prior to second reading. Please see the staff memorandum and a discussion on these items and the applicant's response. ATTACHMENTS: Description Staff Memorandum to TC, December 19, 2017 A. Applicant's Response to TC Concerns, December 12, 2017 B. Vicinity Map C. Draft Ordinance No. 9, Series of 2017 D. PEC Staff Memorandum, October 23, 2017, without attachments E. Project Narrative,October 12, 2017 F. Plan Set, September 14, 2017 (part 1) F. Plan Set, September 14, 2017 (part 2) G. Vail Village Master Plan (in part) H. Correspondence Received to Date I. PEC Results for Ocotber 23, 2017 December 19, 2017 - Page 103 Staff PP Presentation to TC, Decmber 19, 2017 December 19, 2017 - Page 104 TOWN OF VAIL Memorandum TO: Vail Town Council FROM: Community Development Department DATE: December 19, 2017 SUBJECT: Second 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 I. SUMMARY The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a second 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) 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. On December 5, 2017 the Vail Town Council approved the establishment of Special Development District No. 42 on first reading by a vote of 6-1-0 (Foley opposed). Although approved on first reading, members of the council cited three primary concerns and requested that the applicant address these items prior to second reading. December 19, 2017 - Page 105 The three concerns were: 1. Additional Employee Housing Units/Public Benefit to increase the square footage devoted to EHUs to closer to 50% of the square footage of market rate units form the proposed 43% 2. Opportunities for Outdoor Living Space/Balconies for south facing EHUs 3. Offset for Energy Usage for Heated Sidewalk The applicant's response, as mentioned in a narrative and revised plan sheets included as Attachment A to this memorandum, is as follows: 1. The economics of the project do not support the conversion of market rate units to EHUs. Alternatively, the applicant proposes a financial contribution of $130,000.00. Based on the Town of Vail's recent deed restriction acquisitions, the applicant equates this to two (2) 600 square foot units, on average. This would result in an increase in the ratio of from 43% to 46%. 2. The south facing EHUs have been modified to include Juliet Style balconies.In addition, all residents have access to the second floor lobby area that includes are Targe outdoor deck. 3. The proposed heated sidewalk would require a 20 kW solar system in order for a 100% offset. Per the solar consultant and project architect, the maximum system that can be supported on the Phase II structure is 10 kW, resulting in a 50% offset. In addition, the applicant is dedicated to an environmentally friendly project through its Green Globe commitment in addition to the solar offset. If the Town Council were to approve SDD No. 43, Mountain View Residences on second reading, staff would recommend the following additional conditions of approval in addition to those contained within Ordinance No. 9, Series of 2017. 1. The applicant shall provide the Town of Vail with a cash contribution of $130,000.00 to the Town of Vail Housing Fund prior to issuance of any building permit for the project. 2. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, all Juliet Style balconies as shown on plan sheet labeled "south elevation" from 359 Design dated December 2017 and included as Attachment A to the Town Council Memorandum dated December 19, 2017. 3. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, a 10 kW roof mounted solar system designed to offset 50% or more of the energy consumed by the snowmelted sidewalk from the eastern property line to Vail Road. 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 Town of Vail Page 2 December 19, 2017 - Page 106 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 H. 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. 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 Town of Vail Page 3 December 19, 2017 - Page 107 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. • 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 Town of Vail Page 4 December 19, 2017 - Page 108 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. Applicant response to concerns raised at first reading, dated December 12, 2017 B. Vicinity Map C. Draft Ordinance No. 9, Series of 2017 (SDD No. 42, Vail Mountain View Residences) D. PEC Staff Memorandum, October 23, 2017, without attachments. E. Project Narrative, October 12, 2017 F. Plan Set, September 14, 2017 G. Vail Village Master Plan (in part) H. Correspondence received to date I. 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. 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 Town of Vail Page 5 December 19, 2017 - Page 109 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 second 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 C. 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 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. Town of Vail Page 6 December 19, 2017 - Page 110 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. 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. 3. 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 Town of Vail Page 7 December 19, 2017 - Page 111 impacts on the road. Members of the Commission did not find that the project, as proposed, met this criterion. 4. 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: = 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. VII. RECOMMENDED MOTIONS The following two draft motions have been prepared as options for the Vail Town Council. Motion No. 1: Approval with Conditions If the Town Council chooses to approve Ordinance No. 9, Series of 2017, on second reading, the following motion is recommended: The Vail Town Council, on second reading, approves Ordinance No. 9, Series of 2017, to establish Special Development District No. 42 (Vail Mountain View Town of Vail Page 8 December 19, 2017 - Page 112 Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code with the following additional conditions of approval: 1. The applicant shall provide the Town of Vail with a cash contribution of $130,000.00 to the Town of Vail Housing Fund prior to issuance of any building permit for the project. 2. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, all Juliet Style balconies as shown on plan sheet labeled "south elevation" from 359 Design dated December 2017 and included as Attachment A to the Town Council Memorandum dated December 19, 2017. 3. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, a 10 kW roof mounted solar system designed to offset 50% or more of the energy consumed by the snowmelted sidewalk from the eastern property line to Vail Road. Should the Town Council choose to approve Ordinance No. 9, Series of 2017, on second 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; 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. Town of Vail Page 9 December 19, 2017 - Page 113 Motion No. 2: 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 second 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 D. for the required criteria.) VIII. RECOMMENDED CONDITIONS: Ordinance No. 9, Series of 2017, as approved on first reading, 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 Town of Vail Page 10 December 19, 2017 - Page 114 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 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. Applicant response to concerns raised at first reading, dated December 12, 2017 B. Vicinity Map C. Ordinance No. 9, Series of 2017 (SDD No. 42, Vail Mountain View Residences) D. PEC Staff Memorandum, October 23, 2017, without attachments. E. Project Narrative, October 12, 2017 F. Plan Set, September 14, 2017 G. Vail Village Master Plan (in part) H. Correspondence received to date I. Minutes from the October 23, 2017 PEC public hearing Town of Vail Page 11 December 19, 2017 - Page 115 Mauriello Planning Group December 12, 2017 Town Council Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Response to Comments from First Reading on Mountain View SDD Dear Town Council Members: Thank you for your consideration of the Mountain View SDD. I am writing to provide a response to comments from the Town Council at the hearing on December 5 and to provide an update to our proposal for your consideration. We believe our application materials and the staff memorandum to the PEC dated October 23, 2017 provide excellent justification for the proposed SDD, including how the proposal complies with the 9 Design Criteria and how the proposed public benefits of the project outweigh any adverse effects of the proposed deviations from the development standards of the underlying zone district. To summarize the Town Council's comments from December 5th, we believe your comments primarily focused on the following: provide some additional employee housing; provide some balconies to the employee units on the south side of the building to improve their livability; and either eliminate or provide some level of energy offset of the Town's heated sidewalk in front of the proposed building. Below are our responses to these three comments: 1. Additional Employee Housing. • The proposed project provides a significant level of public benefit with the provision of 15 deed restricted employee housing units (restricted in perpetuity) provided on-site and within the Vail Village. The proposed floor area of the employee housing units is 13,992 sq. ft. as compared to the floor area of the free market units at 32,687 sq. ft. The town's minimum requirement for on- site employee housing is 3,268.7 sq. ft. or 5% of the free-market GRFA, while our design incorporates approximately 43% of the free market GRFA, onsite. • The applicant cannot agree to convert any additional space within the building from a free market unit or lock -off to EHU as the level of condo sales are needed to support the overall project. However, in response to the request for additional public benefit in the form of employee housing, the applicant is proposing to provide a fee -in -lieu of $130,000 to the Town's housing account. The Town's recent deed restriction acquisition cost is approximately $65,000 for a 600 sq. ft. unit on average. Therefore the proposed additional fee of $130,000 represents approximately two additional units of 600 sq. ft. each within the Town of Vail. PO Box 4777 Eagle, Colorado 81631 1 of 2 Mauriello Planning Group 970.376.3318 www.mpgvail.com December 19, 2017 - Page 116 • We hope that you will agree that the proposed fee equating to approximately two (2) EHUs is a sufficient increase, especially when coupled with the proposed 15 EHUs within the project. The result of 17 EHUs for the benefit of the public is unprecedented for a project of this size in the Town. 2. Balconies for employee units. • Several of the Town Council members mentioned that the livability of the employee housing units could be improved with the addition of balconies on the south elevation so that occupants have some access to additional light and air. We have revised the floor plans and the south elevation of the building to provide juliet balconies on all of these EHUs. These balconies will allow the occupants to open the glass door to the balcony and experience additional light and air. • In addition, the lobby area proposed on the second floor of the building will be a space that can be used by the occupants to meet and socialize within the building. The lobby includes a large outdoor deck area where residents can be outside, sit, and socialize. This lobby area and related deck space is an additional amenity that the residents have to enjoy on-site. 3. Heated sidewalk offset. • The project includes a heated 10' wide sidewalk in front of the building along the South Frontage Road. At the first reading on December 5th, several members of the Town Council expressed concern over the heated sidewalk. • We are proposing that the heated sidewalk remain, but that the energy consumption will be partially offset by the use of on -building solar panels. We have estimated that a 20 kW system is required to run the snowmelt system during the winter months on our portion of the proposed sidewalk. After evaluation with a solar consultant and our architect, the maximum we are able to accommodate is a 10 kW solar system on the roof of the building, thereby offsetting 50% of the energy necessary to snowmelt the sidewalk. The location of the proposed solar panels would be designed to limit the visual impact from neighboring properties. We are dedicated to making our project environmentally friendly through this solar effort and through our commitment to score as high as possible on the Green Globes scale. There was an additional request to understand the heights of buildings within the Vail Village area. The graphic we presented showed the number of stories of buildings throughout the Vail Village area. The Town staff has agreed to provide this graphic in response to this comment. We hope that you will agree that our responses are sufficient and act to enhance the public benefits of the project. We look forward to the second reading of the ordinance on December 19. Attached please find the revised south elevation and the revised floor plans for Level 1 and 2 of the building showing the proposed balconies. Sincerely, Dominic E Mauriello, AICP Principal 2 of 2 December 19, 2017 - Page 117 south elevation comparison A- - 1Mr ii`` iI 1 111 1111iimi1!I1i y �! x1111 P IIn H , V PI LI _ ! I• IIi,I I II'IIRII � �IIIII III�I Ill Iw II —I{ilpplN"..sWY:;:' 1lluifl' 0111rHl I,111'' r! IIIVI■ssmN■■■111111 I'uI II111111Y 11 WIIMIllh 11W 11 1 11e 1111t em fI11181R• :P1j1011111II41IIF/!I. 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Revised Design south elevation • laM • .5.= NEC a al=• 11111 1 110111 111111111 111111111111 1111111 11111 1111P'"liV111 11111 111011 111 HOME "- flkifl'NOP! 111111111111 MIE 11'11001111111IIIIII!"1!!!'"IF 1 111111 11 1111111 1A1111111 111,011 1111M1 tun% 111)1111 11111M.11 101!1 11111111111 1111111111 Ili IMI1111111 MP 1111 1101 11 I Mil .111 ifili.1111111 111111111P 1111 .111111M11 liEr312 11 111111111111 11110 LL, "11111111111111111111 IOW 1111111111 Illn!!!! 11111111 Il1iJlIl ii:::: 1,1, iiiiiii mi. it.... iiiii i ,,,, lilli 4. i i -'4',,..... ..."• ... ..,_ 11111Isimis 1„„,r13111111 111 11 359 DESIGN MOUNTAIN VIEW_ VAIL, CO Design Development \\ December 2017 December 19, 2017 - Page 119 of 578 UNIT 301 - L 377 SF UNIT 30 UNIT 3' COMMON 516 SF COMMON 398 SF COMMON 503 SF maw IIMMPMMII MN 40 17_711= mmommii 11 - N C LMI r UNIT 305 UNIT 302 1262 SF ❑ UNIT 303 1504 SF UNIT 304 1200 SF ❑ NIT 306 1332 SF 3 Level 3 1/16" = 1'-0" 0' 8' 16' 32' 2 Level 2 1/16" = 1'-0" Juliet Balcony Juliet Balcony Juliet Balcony ■❑ EHU-A® 1185 SF COMMON 2923 SF EHU-E 1197 SF EHU-G 1089 SF 1 Level 1 1/16" = 1'-0" Juliet Balcony Juliet Balcony Juliet Balcony Juliet Balcony December 19, 2017 - Page 120 of 578 0' 8' 16' 32' COMMON COMMON STORAGE EHU FOR SALE LOCK OFF 0' 8' 16' 32' Area Schedule (GRFA) Level 3 TYPE UNIT UNIT UNIT Area FOR SALE UNIT 301 Level 1 LOCK OFF Level 3 377 SF EHU EHU-A 1185 SF FOR SALE UNIT 301 EHU-B 1191 SF 1864 SF FOR SALE UNIT 302 826 SF 430 SF 1262 SF FOR SALE UNIT 303 2 BEDROOM 733 SF 1504 SF FOR SALE UNIT 304 EHU 1016 SF 1200 SF FOR SALE UNIT 305 EHU-G 835 SF 1538 SF FOR SALE UNIT 306 1107 SF 1192 SF 1332 SF FOR SALE: 6 818 SF 1 BEDROOM 5398 SF 8701 SF LOCK OFF UNIT 301 - LO Area 377 SF LOCK OFF UNIT 302 - LO 1205 SF 461 SF LOCK OFF UNIT 302 - LO 2 275 SF LOCK OFF UNIT 303 - LO 1300 SF Redundant Area LOCK OFF UNIT 304 - LO 3705 SF 309 SF LOCK OFF UNIT 305 - LO 368 SF 368 SF LOCK OFF UNIT 306 - LO 420 SF 377 SF LOCK OFF: 7 UNIT 205 - LO 410 SF 2167 SF Grand total: 13 UNIT 205 - LO - 2 415 SF 10869 SF Area Schedule (GRFA) Level 2 TYPE UNIT UNIT Area Comments FOR SALE UNIT 301 Level 1 LOCK OFF Level 2 377 SF EHU EHU-A 1185 SF EHU EHU-K EHU-B 1191 SF 2 BEDROOM EHU EHU-L 826 SF 430 SF STUDIO EHU EHU-M 2 BEDROOM 733 SF 1 BEDROOM EHU EHU-N EHU 1016 SF 2 BEDROOM EHU EHU-O EHU-G 835 SF 1 BEDROOM EHU EHU-P 1107 SF 1192 SF 2 BEDROOM EHU: 6 818 SF 1 BEDROOM 5398 SF 1504 SF 8669 SF TYPE UNIT Area ISSUE VAIL MOUNTAIN VIEW DD UPDATE SHEET TITLE GRFA PLANS- Building SHEET NO. A2■ FOR SALE UNIT 204 FOR SALE 1205 SF 1200 SF FOR SALE UNIT 205 309 SF 1201 SF FOR SALE UNIT 206 TYPE 1300 SF Area FOR SALE: 3 3705 SF UNIT 305 1538 SF LOCK OFF UNIT 305 - LO 368 SF LOCK OFF UNIT 204 - LO 420 SF LOCK OFF UNIT 205 - LO 410 SF LOCK OFF UNIT 205 - LO - 2 415 SF LOCK OFF UNIT 206 - LO 430 SF LOCK OFF: 4 1675 SF Area Schedule (GRFA) Level 1 TYPE UNIT Area Comments DISCIPLINE STAMP FOR SALE UNIT 301 Level 1 LOCK OFF UNIT 301 - LO 377 SF EHU EHU-A 1185 SF 2 BEDROOM EHU EHU-B 455 SF STUDIO EHU EHU-C 826 SF 1 BEDROOM EHU EHU-D 1167 SF 2 BEDROOM EHU EHU-E 1197 SF 2 BEDROOM EHU EHU-F 825 SF 1 BEDROOM EHU EHU-G 1089 SF 2 BEDROOM EHU EHU-H 1107 SF 2 BEDROOM EHU EHU-J 818 SF 1 BEDROOM EHU: 9 1504 SF 8669 SF TYPE (GRFA) Unit 301 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP FOR SALE UNIT 301 1864 SF LOCK OFF UNIT 301 - LO 377 SF 2241 SF (GRFA) Unit 302 TYPE UNIT Area FOR SALE UNIT 302 1262 SF LOCK OFF UNIT 302 - LO 461 SF LOCK OFF UNIT 302 - LO 2 275 SF 1999 SF (GRFA) Unit 303 TYPE UNIT Area FOR SALE UNIT 303 1504 SF LOCK OFF UNIT 303 - LO 0 SF 1504 SF (GRFA) Unit 304 TYPE UNIT Area ISSUE VAIL MOUNTAIN VIEW DD UPDATE SHEET TITLE GRFA PLANS- Building SHEET NO. A2■ FOR SALE UNIT 304 1200 SF LOCK OFF UNIT 304 - LO 309 SF 1509 SF (GRFA) Unit 305 TYPE UNIT Area FOR SALE UNIT 305 1538 SF LOCK OFF UNIT 305 - LO 368 SF 1906 SF (GRFA) Unit 306 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP FOR SALE UNIT 306 1332 SF LOCK OFF UNIT 306 - LO 377 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 1205 SF LOCK OFF UNIT 204 - LO 420 SF 1625 SF (GRFA) Unit 205 TYPE UNIT Area FOR SALE UNIT 205 1201 SF LOCK OFF UNIT 205 - LO 410 SF LOCK OFF UNIT 205 - LO - 2 415 SF 2026 SF (GRFA) Unit 206 TYPE UNIT Area FOR SALE UNIT 206 1300 SF LOCK OFF UNIT 206 - LO 430 SF 1729 SF TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP m VAILW 434 SOUTI- No. Description Date PROJECT NUMBER 17021 ISSUE DATE 11/22/2017 ISSUE VAIL MOUNTAIN VIEW DD UPDATE SHEET TITLE GRFA PLANS- Building SHEET NO. A2■ 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 19, 2017 - Page 121 of 5 tModified:April17,2017 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 19, 2017 - Page 122 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 19, 2017 - Page 123 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 19, 2017 - Page 124 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 19, 2017 - Page 125 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 19, 2017 - Page 126 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 19, 2017 - Page 127 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 19, 2017 - Page 128 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 19, 2017 - Page 129 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 19, 2017 - Page 130 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 19, 2017 - Page 131 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 19, 2017 - Page 132 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 19, 2017 - Page 133 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 19, 2017 - Page 134 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 19, 2017 - Page 135 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 19, 2017 - Page 136 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 19, 2017 - Page 137 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 19, 2017 - Page 138 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 19, 2017 - Page 139 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 19, 2017 - Page 140 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 19, 2017 - Page 141 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 19, 2017 - Page 142 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 19, 2017 - Page 143 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 19, 2017 - Page 144 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 19, 2017 - Page 145 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 19, 2017 - Page 146 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 19, 2017 - Page 147 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 19, 2017 - Page 148 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 19, 2017 - Page 149 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 19, 2017 - Page 150 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 19, 2017 - Page 151 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 19, 2017 - Page 152 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 19, 2017 - Page 153 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 19, 2017 - Page 154 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 19, 2017 - Page 155 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 19, 2017 - Page 156 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 19, 2017 - Page 157 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): SDD_#23 SDD`#21 SDp#a`_ SDD #39 SDD #35 SDD #36 SDD#15 SDD #40 SDD #31 SDD #28 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 19, 2017 - Page 158 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 19, 2017 - Page 159 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 19, 2017 - Page 160 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 19, 2017 - Page 161 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 19, 2017 - Page 162 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 19, 2017 - Page 163 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 19, 2017 - Page 164 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 19, 2017 - Page 165 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 19, 2017 - Page 166 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 19, 2017 - Page 167 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 19, 2017 - Page 168 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 19, 2017 - Page 169 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 1.05/0 3.4..• *".4«M 4v3:......=, CONCEPTUAL BUILDING HEIGHT PLAN •Ilan pnAe.nlK °, . z 4/ n n VIEW CORRIDORS (ELEVATION FROM FRONTAGE ROADI P 'F , fie, / BUILDING MASSING (VILLAGE CORE SECTION( BUILDING HEIGHT PROFILE l delrml iae Manp� 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 19, 2017 - Page 170 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 19, 2017 - Page 171 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 19, 2017 - Page 172 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. 7. . ,M00..o.:5•4%53:^^{ti, i{ Yy:p4.,'I-o.g4 L8GA580., _:. .. f —�� M� ..e. �^ d6a :_ate#" VW i. Ii= L - rife; - • �f4 ■nai a fr + 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 19, 2017 - Page 173 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 19, 2017 - Page 174 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 19, 2017 - Page 175 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 19, 2017 - Page 176 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 19, 2017 - Page 177 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 A1.00 SOIL ® RETURN AIR A2.0.02 GARAGE LEVEL 2 A2.0.03 SAND, EIFS FINISH COAT, OR CEMENT A2.01 EXHAUST AIR PLASTER VA ACCESS PANEL BRICK AO.X X FLUORESCENT LIGHT // SUSPENDED LIGHT SUSPENDED FLUORESCENT LIGHT 0 CHANDELIER, STRIP LIGHT +9'-0" CMU X .... 01 r L_J AO.X X DETAI PLAN, BLOW-UP AO.X X'' 01 A2.11 LANDSCAPE COVERAGE 7 PAVERS A2.13 HISTORIC GRADE MAP FIBERGLASS SOUND BATT INSULATION 3D MASSING A4.02 CELLULOSE INSULATION A4.03 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 19, 2017 - Page 178 of 578 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:. 7 7. l -- r December 19, 2017 - Page 179 of 578 _ 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" 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 Garage Level 1 1/8" = 1 1 8.5 • • • • • • December 19, 2017 - Page 180 of 578 \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 19, 2017 - Page 181 of 578 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" 16'-8" 28'-2" 28' - 2" 28' - 2" 28'-2" 21'-8" 6'-6" 26'-2" 18'-4" 11'-2" 10 r fi BOILER ROOM BOILER ROOM • 11 • 11 • 11 u0 ELEVATOR LOBBY • 11 • • • ELECTRICAL METER ROOM PHASE II T -_ DN-- -ir--� • 303 :.J TRASH/• RECYCLIN i G304 306) ••�• •• • 6'-0" 9'-0" 5'-0" 9'-0" TYP TYP TYP HOTEL & RESIDENTIAL GARAGE LEVEL 3 GARAGE LV 3 PARKING SKI LOCKERS EG312 �••-•• I ..-..-..-..-..-..-. 1 Garage Level 3 1/8" = 1'-0" December 19, 2017 - Page 182 of 578 0' 4' 8' 16' E 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 19, 2017 - Page 183 of 578 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 00 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 19, 2017 - Page 184 of 578 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 19, 2017 - Page 185 of 578 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" C64 C64 1% DN 1% DN (C 6 4) 1% DN co 1% DN 1% DN 1% DN 18'-4" 1% DN • BEDROOM 1-401 LOCK OFF BA H L02-402 ELEV. ELEV. BATH LO -404 LOCK OFF BEDROOM 1-405 \v 11'-2" 11111111 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 /H111111111 Itl111111111 11111111111 IIIIIIIItll C64 1% DN 1% DN 10,0DN LU b i(."c) L 0 111111111 111111tliiii illitliiiiii 151 MIML • • • • 1 I ,' \ 8.5 December 19, 2017 - Page 186 of 578 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 i0 r` December 19, 2017 - Page 187 of 578 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' 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 8.5 . \ \ 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 6.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 /PAR LGE \\- 504p�� (9'718') PA LIE -R (9 x16) LCE -R 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' MECH. 2 Clpp\ 0.4 ) BFg4fRT \ a 7.8 LCE -R / Pb2<IN (9'x18' 9.4 AR28 LCE 5 (9'x15') (B. 0-8' m 48` ,�!�b 11. ' /PA LC (9 0 ry �• \ 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 19, 2017 - Page 188 of 578 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 19, 2017 - Page 188 of 578 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" EHU-N 1016 SF UNIT 204 1279 SF ❑ 1 0' a ,IkUNIT 206 II 1329SF1 I I7 1 Level 1 1/16" = 1'-0" December 19, 2017 - Page 189 of 578 8' 16' 32' 0' 8' i 16' 0' 8' 16' 32' COMMON STORAGE EHU FOR SALE LOCK OFF COMMON STORAGE EHU FOR SALE LOCK OFF COMMON STORAGE EHU FOR SALE LOCK OFF 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 19, 2017 - Page 190 of 578 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 19, 2017 - Page 191 of 578 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 19, 2017 - Page 192 of 578 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 • • J 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 19, 2017 - Page 193 of 578 ,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 19, 2017 - Page 194 of 578 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 8213.9 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 • 82°6 • • '8212 3 •_••_•• ••�••�••�••-•• $212 •• •• • • 1 • • 8204 8202 8200 8190 8180 82°2 8\9° $2° 8204 8202 ,6(2-0b 8206 8210 8208 December 19, 2017 - Page 195 of 578 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■ tit in" ,,,,,.„,,„, 11,111. 1,01111. • 1111111 MINIM ' ItiN111111•11111111111 [WI 'OE 41.1.4trr AO=ir iIqn I • 111 611111101A alli11111111 1111 RPM I/ OM= r 1111011MM! 11111 :$1111lioo- thC11.7;ATIS,1110a 4414. 1111111iid ISI=1 111ifirr 111i1M11 111111. Looking North Looking South 111I 111 N 11 LI iptipippl• 0• •• iv 0impligillti.19,011% 11 ,111 0 0,0 0 1"°11"' — - t*ir 1,11/ 'WI/Pr .:..•.••• URN .•, Looking South December 19, 2017 - Page 196 of 578 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 7i.„.,.:.-..6_;..a;.,...-..1..i..‘.""._.,„..xz5.:..5.....1 E-4::: .L- ...:.:.:A._r..:.....: ,;..:..1r.r_..k...i-0.,.-1.:_'.- t.•.a..i,,...N_.Ti.„,t. - Ll. •.. ,1) $ , : .7.1L7:;7 .r••= -,„-.N-.-7 - ...4. :L- 414....;w7....r.,...-7. -J.., --_, - 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. LIJ 0 0 LO 111 LLI (C) Ci) < H 4 z 0 I=J 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 19, 2017 - Page 197 of 578 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■ r i` LO W w� o 1-O zo J 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. A4.02 December 19, 2017 - Page 198 of 578 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 19, 2017 - Page 199 of 578 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. w 0 IIIIIIIIIII■ r i` LO W w� a zo (1 I=J u_ 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 ="cligg;E:1:=itE N 11111 lirl 111 Ir If 1 ahaw 1 North Elevation 1/8" = III 1 ®1 In NM •EN O '11 IPl" P" 1T1 111 1PI 11 III II I 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" December 19, 2017 - Page 200 of 578 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� 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 1 `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 19, 2017 - Page 201 of 578 Civic 1 54365FTABZ quantity: 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 eMmislichting 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 COM1JH 88556 IP 65E,10 of Project • Reference number Date I I www.bega.com Application LED surface washer with flat beam bria.ad Spread light distribution for Iiil lmination of paths al Id GI ILICI1 IliG3. Thou used LED technique offers 111 ,rability and optimal light output with low power consumption at 1111e same 11111e. 0....1....4. descri..ri.... 1 I Iminaire matte of ail:minil lm alloy, ail lminil Im and stainless steel kraft s.-F20h glass Silicone gasket Reflector Tilade of dire anodised aluminium Swivel . n^yam .... i 1lminaire with mounting plate for boning onto a foundation or an aIIUlolacie unit 11 punting plate w h two pitch circles: 61 711 mm, :3 PJongated holes 7 mm wide 0 10C) 1 i n i, 3 eiolioated holes g Il1111 wide I uminaire n be dinned on the m ,Wino plate. around 360° Mct Inting bracket with connection hnv and 5 -pole terminal 4° for connection of mains Supply cable max. 5 x 2—pole pitigg connection for analogue dimming LED power supply unit 220-240 i1 015,0-60 600 DC 176-276 V Dimmable 1-10 V A basic isolation ovists between power cable and control line Luminaire: Protection class IP 65 Dust -tight and g ro ptection against water t watjets Safety class i r h , Ilmpactstrength Il<r0 Protection against mechanical impacts < 10 joule ‹g1edi — 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 connecter: wattage Rated temperature Ambient temperature JJV 0o 556 VV Module designation Colour temperature rendering index 11 MnriColour le 1im pnus fl v i uminaire luminous nux 1_�11111101101U11IVUO 01111 101 IL 88 556 KA Module designatio n Colotemperature Color rendering index Module luminous flux Luminaire luminous flux Lifetime of the LED Ambient temperature t_= 15 "i. — at_-_---- 480,000M:,000 : ono 10 - — at 680110h: L 1111=25,0 A1mbleInt temperature ta— 25 °C — at 4-,11 n11n901310h: 901310— at 350,00011: L70ts50 25.3 W 2`1 VY La_=25 °C i —60 a1. aoax LED 0260/830 31))lA) 0. rl CILJ 2950 Im 1945 im 67,1 Irn/W LED -02601840 4000 11 Ha). eel) 3165 Im 2088 Im 72 im AA" mux. ambient temperat.IIre L= 40 `YC — at 50,0000: L00ts 10 — o. 240,000h: L70R50 inrush current Inrush current: 21 A118.2 jis Maximum ni imher of i1 lminalres of this type per miniature circuit breaker: 01011- 50 luminaires 1316A. 50 luminaires C 10A: 50 luminaires n 1 6A: 50 luminaires ArrICle tan. RR i0F5 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 Awe33Vry 70R95 Anchorage unit Anchorage unit with mounting flange made oalvanised steel. Total lenoth 400 mm. 3 stainless steel flzinu screws M a. Pitch circle,? 1001m111. 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 19, 2017 - Page 202 of 578 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 III 11 ni 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 19, 2017 - Page 203 of 578 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 a 6 i ANSFORMER AND AUI TRANSFORMER O B A SIZED FOR gXIS-gtIG4 4. p PROPOSED L+AD �.4 \ \SOUTH EDGE OF FULL \ \ LANES/EASEMENT POTHOLE EXISTING UTILITIES IN THIS AREA TO DETERMINE DEPTH & LOCATION. LOWER ONES AS MAY BE REQUIRED BY GRADING TO PROVIDE MINIMUM COVER. \ \ \ \ \ \ UTILITY EASEMENT RECEPTION No. 2006261 69 W EW EW p EG �H c'UIits iUEG ° FYILEVA11ON. I�ELOCA OR LOW IN THIS AREA AS REQUIRED4'. T6 PR9VIDE4MINIMUM COVE'. EW \ \ \ \\ `�` \\ \\ \/ \ \ \ \ \` / \ \\ \\ RELOCA EXISTING \ \ PHONE IFR IRED BY \ \\ , \\4T, LI, INET ATION. \ \\\\ \ \ \ , 1 `\\ \/ � W /. /// /\ / i \\ \ , ,, \\ , 1 1 rn \\\i ' ; v' / / V // ) \ / m `IL 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 EW EG EW EW EW EW INTERSTATE HIGHWAY NO. 70 S. FRONTAGE ROAD (CDOT) (R.O.W. VARIES) 0 • EXISTING GAS UNE (HIGH PRESSURE PER PHASE 1 PLANS)._ . • .Q 'A . /.° d. EW EW EW 4 4 A EW EW EW a EW m EW m m ° R L.CA EXISTING FIRE H NT & GAXFy.A (OR INSTALL NEW). REMOVE XISTING FH UNE & TEE & A S•! S -EVE. • 4 EXISTING GAS METER PIPING IS IN PLACE ADDITIONAL METER PHASE 2 GAS SERVIC EE EW A' 4 a 1: EW 1 EW 4 A ° G EE EW ° 4 4 EW • 6 • A Q G EW °6. A4 \, •A4. A 4 EW a' A 4 G EW 4 'A TifielrittlistRoiliiii:r7,11[767.=kw MilmilLIMmn �■■■, ■■■, ■■■,mo.■ ��� EIL11.11 moiON, Nom Am maiffil I .airmIlli! .111111! .11Elmmill-"it is it 1111 r: rti; ;4:1; Ilei-Elm-■111►IVA�►yl1` MI ► - ��imillirril:-.1iPiii4171-7 `�`I .;� ' ;ktj 1111 7.1150:j..ili ��■,tib TYROLEAN CONDOMINIUMS m rn N c \co0 co\ rno otn orn m I I I F,, ecember 19, 2017 - Page 204 of 578 PRELIMINARY SEPTEMBER, 2017 NOT FOR CONSTRUCTION / W 4 A6 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 03 ro 0 \CS) -70 w w 414 Jammu. %►��� aa k=r PRIVATE ACCESS EASEMENT (41 \ ,, aril 6.1 .A • E PRIVAT /EGRET / APOLLO PARK AT VAIL CONDOMINIUMS too 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 C 1 - 02 0:1Vail1Mountain View-20171dwg1Master1Details.dwg, 811512017 3:07:47 PM, Leininger December 19, 2017 - Page 205 of 578 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 19, 2017 - Page 205 of 578 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 1 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 FARK `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 rar 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 19, 2017 - Page 206 of 578 011 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 19, 2017 - Page 207 of 578 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 21 CAL. MIN. 1111 cl LARGE DEO I DUOUS SHRU5 #5 0 54 SMALL DEO I DUOUS SHRUE #5 O 26 IOW SPREAD 1 NG DEO DUOUS SHRUE 5 _ .'Y.- 1/I I\\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 19, 2017 - Page 208 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 19, 2017 - Page 209 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 19, 2017 - Page 210 Vail Village Master Plan 19 December 19, 2017 - Page 211 Vail Village Master Plan 20 December 19, 2017 - Page 212 Vail Village Master Plan 21 December 19, 2017 - Page 213 Vail Village Master Plan 22 December 19, 2017 - Page 214 Vail Village Master Plan 0 411 cc FRONTA 2 0 LR, z 0 Lk� LLJ VIEW CORRIDORS 23 zW J W ce z 0 1- 0 Lu C L1J cc 0 C tu Ci) Cli 2 0 ca December 19, 2017 - Page 215 Vail Village Master Plan • • 4.. • • ../ /.." ii.// '• Ar4il 1 .1/./ / 1 • • r. • 24 1 r :;•.P.X! December 19, 2017 - Page 216 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 19, 2017 - Page 217 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 19, 2017 - Page 218 ( 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 19, 2017 - Page 21 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 19, 2017 - Page 220 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 20. Alison Wadey, Executive Director, Vail Chamber and Business Association, 11-30-2017 21. Cindy Biondi, owner Unit #404, Mountain View Phase 1, 12-4-2017 22. Carlos Gonzalez, owner Unit #103 and 203, Mountain View Phase 1, 12-3-2017 23. Michael and Jill Dardick, owners Unit #205, Mountain View Phase 1, 12-4-2017 24. Mark Caplan, owner Unit #306, Mountain View Phase 1, 12-4-2017 25. Laura Willard, owner Unit #406, Mountain View Phase 1, 12-4-2017 26. Eduardo Flores Alonso and Jose Alejandro Ortega Aguayo, owners Unit #304, Mountain View Phase 1, 12-4-2017 27. Paul Nigrelli, owner Unit #104, Mountain View Phase 1, 12-4-2017 28. George Gillett, Jr. Chairman Booth Creek Management Group, 12-5-2017 29. Scott Herndon, owner Unit #204, Mountain View Phase 1, 12-3-2017 December 19, 2017 - Page 221 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 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 December 19, 2017 - Page 222 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 19, 2017 - Page 223 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 19, 2017 - Page 224 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 19, 2017 - Page 225 Oct 03 1705:03p p.4 VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNERS' ASSOCIATIONC. By: Levine, President December 19, 2017 - Page 226 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 19, 2017 - Page 227 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 19, 2017 - Page 228 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 19, 2017 - Page 229 ... ■•■ Winzenburg Leff Purvis & Payne, LLP ■■ May 17, 2017 Page 2 of 7 Picture 1 — 1" Floor Deck December 19, 2017 - Page 230 ... ■•■ 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 19, 2017 - Page 231 . 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 19, 2017 - Page 232 ... ■•■ 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 19, 2017 - Page 233 ... ■•■ 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 19, 2017 - Page 234 ... ■•■ 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 19, 2017 - Page 235 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 19, 2017 - Page 236 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 19, 2017 - Page 237 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 19, 2017 - Page 238 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 19, 2017 - Page 239 1 .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 19, 2017 - Page 240 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 19, 2017 - Page 241 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 19, 2017 - Page 242 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 19, 2017 - Page 243 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 ii` 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 19, 2017 - Page 244 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 19, 2017 - Page 245 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 19, 2017 - Page 246 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 19, 2017 - Page 247 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 19, 2017 - Page 248 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. Signature m 4 i1 i hfl-e. J1 hi 42- Print Name 3/c7/1; Date Pfe S ; dei V fi-r 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 19, 2017 - Page 249 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 19, 2017 - Page 250 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 19, 2017 - Page 251 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 19, 2017 - Page 252 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 19, 2017 - Page 253 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 19, 2017 - Page 254 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 19, 2017 - Page 255 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 19, 2017 - Page 256 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 19, 2017 - Page 257 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 19, 2017 - Page 258 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 19, 2017 - Page 259 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 19, 2017 - Page 260 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 19, 2017 - Page 261 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 19, 2017 - Page 262 E: jeff@ronbyrne.com www.ronbyrne.com Ron Byrne & Associates 2016 Luxury Property Collection December 19, 2017 - Page 263 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 19, 2017 - Page 264 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 19, 2017 - Page 265 • 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 19, 2017 - Page 266 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 19, 2017 - Page 267 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 19, 2017 - Page 268 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 19, 2017 - Page 269 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 19, 2017 - Page 270 • 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 19, 2017 - Page 271 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 19, 2017 - Page 272 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 19, 2017 - Page 273 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 19, 2017 - Page 274 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 19, 2017 - Page 275 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 19, 2017 - Page 276 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 19, 2017 - Page 277 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 19, 2017 - Page 278 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 19, 2017 - Page 279 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 19, 2017 - Page 280 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 19, 2017 - Page 281 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 19, 2017 - Page 282 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 19, 2017 - Page 283 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 19, 2017 - Page 284 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 19, 2017 - Page 285 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 19, 2017 - Page 286 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 19, 2017 - Page 287 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 19, 2017 - Page 288 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 19, 2017 - Page 289 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 19, 2017 - Page 290 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 19, 2017 - Page 291 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 19, 2017 - Page 292 Schedule • PEC Meeting April 24th - worksession • DRB Meeting May 17th - conceptual • PEC Meeting May 22nd - worksession • PEC Meeting June 12th - final recommendation December 19, 2017 - Page 293 of 578 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 19, 2017 - Page 294 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 19, 2017 - Page 295 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 19, 2017 - Page 296 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 19, 2017 - Page 297 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 19, 2017 - Page 298 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 19, 2017 - Page 299 Hentschel introduced an elevation of the south fa9ade. 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 19, 2017 - Page 300 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 19, 2017 - Page 301 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 19, 2017 - Page 302 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 19, 2017 - Page 303 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 19, 2017 - Page 304 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 19, 2017 - Page 305 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 19, 2017 - Page 306 of 578 • 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 19, 2017 - Page 307 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 19, 2017 - Page 308 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 19, 2017 - Page 309 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 19, 2017 - Page 310 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 19, 2017 - Page 311 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 19, 2017 - Page 312 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 19, 2017 - Page 313 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 19, 2017 - Page 314 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 19, 2017 - Page 315 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 19, 2017 - Page 316 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 19, 2017 - Page 317 December 19, 2017 - Page 318 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 19, 2017 - Page 319 GOODMAN AND WALLACE P.C. The Peak in Valley ,Law 4•wit', oodonanffallace.CDS## 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) CoNnorsTJALITY NOTICE: ICE: TE1SFiECIRO\1CiR_ANSM1SSIO (ANDOR DOCLNIEMACCOMPA rcia1T}MAYCONTAiN coNnomnAL I TOT-MATION Ran 1\'C 'MIRE SENDER WHICH IS PRDTICTED BY THE ArrortNre- CLIENTPRIVILEGE. THE INF 01011ATION IS MENDED FOR THE L'SE OF THE LNDIV JAL OR ENT1TY TO WUTCH IT tS ADDR.E SSE!) 1F vol' IRE NOT TISVED RECtNEE,\T. YOu ARE HEREBY NOTIFIED THAT ANY DtSCLOSLRE. COPYING_ DESTRIBL7EOX, IIECTRON1C STORING OR THE TAKING OF 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'DELLETE MS RECORD FROM YOUR COMPUTER SYSTEIL December 19, 2017 - Page 320 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 19, 2017 - Page 321 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 19, 2017 - Page 322 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 19, 2017 - Page 323 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 19, 2017 - Page 324 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 19, 2017 - Page 325 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 19, 2017 - Page 326 �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 19, 2017 - Page 327 "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 19, 2017 - Page 328 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 19, 2017 - Page 329 (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 19, 2017 - Page 330 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 19, 2017 - Page 331 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 19, 2017 - Page 332 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 19, 2017 - Page 333 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 19, 2017 - Page 334 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 19, 2017 - Page 335 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 19, 2017 - Page 336 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 19, 2017 - Page 337 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 19, 2017 - Page 338 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 19, 2017 - Page 33S 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 19, 2017 - Page 340 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 19, 2017 - Page 341 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 19, 2017 - Page 342 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 19, 2017 - Page 34' 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 19, 2017 - Page 344 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 19, 2017 - Page 345 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 19, 2017 - Page 34E 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 19, 2017 - Page 347 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 19, 2017 - Page 348 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 19, 2017 - Page 349 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 19, 2017 - Page 350 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 19, 2017 - Page 351 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 19, 2017 - Page 352 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 19, 2017 - Page 353 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 19, 2017 - Page 354 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 19, 2017 - Page 355 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 19, 2017 - Page 356 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 19, 2017 - Page 357 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 19, 2017 - Page 358 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 19, 2017 - Page 359 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 19, 2017 - Page 360 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 19, 2017 - Page 361 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 19, 2017 - Page 362 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 19, 2017 - Page 363 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 19, 2017 - Page 364 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 19, 2017 - Page 365 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 19, 2017 - Page 366 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 19, 2017 - Page 367 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 19, 2017 - Page 368 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 19, 2017 - Page 369 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 19, 2017 - Page 370 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 19, 2017 - Page 371 EIProEXOC RT ProExec is a division of R-T Specialty, LLC, in California: R-T Specialty Insurance Services, LLC, License #0G97516 December 19, 2017 - Page 372 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 19, 2017 - Page 373 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 19, 2017 - Page 374 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 19, 2017 - Page 375 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 19, 2017 - Page 376 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 19, 2017 - Page 377 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 19, 2017 - Page 378 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 19, 2017 - Page 379 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 19, 2017 - Page 380 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 19, 2017 - Page 381 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 19, 2017 - Page 382 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 19, 2017 - Page 383 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 19, 2017 - Page 384 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 19, 2017 - Page 385 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 19, 2017 - Page 386 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 19, 2017 - Page 387 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 19, 2017 - Page 388 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 19, 2017 - Page 389 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 19, 2017 - Page 390 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 19, 2017 - Page 391 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 19, 2017 - Page 392 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 19, 2017 - Page 393 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 19, 2017 - Page 394 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 19, 2017 - Page 395 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 19, 2017 - Page 396 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 19, 2017 - Page 397 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 19, 2017 - Page 398 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 19, 2017 - Page 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 19, 2017 - Page 400 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 19, 2017 - Page 401 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 19, 2017 - Page 402 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 19, 2017 - Page 403 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 19, 2017 - Page 404 Please accept this letter as our disapproval of the Vail Mountain View Residences Phase IL Sincerely, /2 JJiI Argos Vail, LLC. December 19, 2017 - Page 405 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 19, 2017 - Page 406 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 19, 2017 - Page 407 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 19, 2017 - Page 408 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 19, 2017 - Page 409 From: Michael Dardick To: Jonathan Spence Cc: Kerry Wallace Subject: SDD #42 Date: Monday, December 04, 2017 7:43:02 AM To: Vail Town Council Subject: SDD #42 I am writing to you in support of the application for Special Development District #42, which includes our property in Vail Mountain View Residences Phase 1. While we initially opposed the original application, modifications made in consultation with our representatives, and an agreement between our association, and the owner and designated developer assuring our safety, security and privacy has resulted in an application which is now acceptable to us. Therefore In accordance with section 12-9a-3 of Vail's Town Code, we give our consent to the SDD and look forward to the development of a mixed use (condo/EHU) neighbor we consider compatible with our building and others around us. Please note that I had previously opposed this SDD and withdraw that opposition in support of SDD #42 as described above. Respectfully, Michael and Jill Dardick Unit 205 Vail Mountain View Residences Best regards, Michael Dardick Granite Properties 1 Chief Executive Officer 5601 Granite Parkway, Suite 800 Plano, Texas 75024 972-731-2313 (direct) 972.731.2300 (office) 972.731.2360 (fax) www.graniteprop.com Inspiring people to flourish through the places we create. GREAT PLACE TO WORK* SIX YEARS A ROW! 20t2.2013. 2014. 2 C.l v. The information contained in this electronic message and any attachments is confidential, is December 19, 2017 - Page 410 for the sole use of the intended recipient(s) and may contain privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, you must not read, use or disseminate the information, and should immediately contact the sender by reply email and destroy all copies of the original message. December 19, 2017 - Page 411 Owner SDD Support letter To: Vail Town Council From: VMV Subject: SDD #42 We are writing to you in support of the application for Special Development District #42, which includes our property in Vail Mountain View Residences Phase 1. While we initially opposed the original application, modifications made in consultation with our representatives, and an agreement between our association, and the owner and designated developer assuring our safety, security and privacy has resulted in an application which is now acceptable to us. Therefore, in accordance with section 12-9a-3 of Vail's Town Code, we give our consent to the SDD and look forward to the development of a mixed use (condo/EHU) neighbor we consider compatible with our building and others around us. Respectfully, ,&, Eduardo Flores — Director of VMVR 304, Inc., owner of Unit 304 Vail Mountain View Residences December 19, 2017 - Page 412 From: Cindy Biondi To: Jonathan Spence Subject: Fwd: Support for Vail SDD #42 Date: Sunday, December 03, 2017 10:13:14 PM Forwarded message From: Cindy Biondi <cynthia.g.biondi@gmail.com> Date: Mon, Dec 4, 2017 at 7:14 AM Subject: Support for Vail SDD #42 To: Kerry Wallace <Kerry cr goodmanwallace.com>, jsoence@vail.gov <jsoence@vail.gov> CC: jay levine <airlevinel ggmail.com> Hello, I am writing to you in support of the application for Special Development District #42, which includes our property in Vail Mountain View Residences Phase 1. While we initially opposed the original application, modifications made in consultation with our representatives, and an agreement between our association, and the owner and designated developer assuring our safety, security and privacy has resulted in an application which is now acceptable to us. Therefore In accordance with section 12-9a-3 of Vail's Town Code, we give our consent to the SDD and look forward to the developement of a mixed use (condo/EHU) neighbor we consider compatible with our building and others around us. Thank you. Respectfully, Cynthia G. Biondi For Golden Peak LLC Owner of unit 404 Vail Mountain View Residences Cindy B Cindy B December 19, 2017 - Page 413 From: Carlos Gonzalez To: Jonathan Spence Subject: Fwd: Vail mountain view Residences Date: Sunday, December 03, 2017 10:29:36 PM Enviado desde mi iPhone Inicio del mensaje reenviado: OWNER SDD SUPPORT LETTER To: Vail Town Council From: Carlos Gonzalez Subject: sdd #42 I am writing to you in support of the application for Special Development District #42 wich includes our property in Vail Mountain View Residences phase 1, while we initially opposed the original application,modifications made in consultation with our representatives and an agreement between our association and the owner and designated developer assuring our safety,security and privacy has resulted in an application wich is now acceptable to us.Therefore in accordance with 12-9a-3 of Vail's town code,we give our consent to the SDD and look forward to the development of a mixed use(condo/EHU) neighbor,we consider compatible with our building and others around us. Respectfully Carlos Gonzalez owner Units 103 and 203 Vail Mountain View Residences December 19, 2017 - Page 414 Email statement to Vail Town Council for tonight's meeting. From: George N. Gillett, Jr. Chairman Booth Creek Management Group My apologies for this last-minute email in advance of tonight's Town Council meeting regarding Vail Mountain View Residences Phase 11. 1 intended to be in attendance at tonight's meeting but have been called out of town. 1 have personally known Peter Carlson's family for many years. We were neighbors, in the early years, on Forest Road here in Vail. Peter, an incredibly successful and renowned developer from Minneapolis moved to Colorado to personally oversee this project: WOW! 1 have a few points to share with you: #1: The Vail community has a major shortage of employee housing at all price points. This Council has taken this task on as a key initiative and goal. Vail has always set aspirational goals and Vail has always met those goals. 1 have no doubt that we as a community will do that again with regard to our housing issues. This is a GREAT step toward that goal. #2: I'm aware of the housing shortage from experience with my own company based here in Vail, and because of my relationship with the hospital. The hospital's growth plans are substantial, and need a solution to house the fellows, doctors, nurses and staff that will be needed to enable growth in the community's health care system. This holds true with regard to the quality of health care we already have here and which we want to continue to grow. Lastly, because of my knowledge of SPR and the organization's growth plans— the hospital and its programs are constrained by the lack of adequate housing facilities for staff, doctors and fellows. This is of real concern. Again, though 1 am sorry 1 had to be out of town tonight, if there was any question as to my belief in the need or support for employee housing 1 will be pleased to attend the December 19th reading in person to answer any further questions in person. 1 encourage a favorable vote for Vail Mountain View Residences 11. 1 applaud you for your work on behalf of our community and 1 thank you for your time and interest. December 19, 2017 - Page 415 Chris Subtette Paul Nigrelli Vail Mountain View Residences on Gore Creek 434 South Frontage Road, #104 Vail, CO 81657 December 4, 2017 Vail Town Council 75 S. Frontage Road Vail, CO 81657 Subject: SDD 442 To the Members of the Vail Town Council: We are writing to you in support of the application for Special Development District #42, which includes our property in Vail Mountain View Residences Phase 1. While we initially opposed the original application, modifications made in consultation with our representatives, and an agreement between our association and the owner and designated developer assuring our safety, security and privacy, has resulted in an application which is now acceptable to us. As owners since 2010, we were initially concerned about the SDD. However, since expressing our initial concerns, we have been very pleased with the dialogue and understanding we have engaged in and received from Mr. Carlson over the past six months and throughout this process. It is a great example of all stakeholders working together to negotiate, cooperate and accommodate all points of view in the best interest of all parties. We feel it is truly something to be proud of. Therefore, in accordance with section 12-9a-3 of Vail's Town Code, we give our consent to the SDD and look forward to the development of a mixed use (condo/EHU) neighbor we consider compatible with our building and others around us. Respectfldly, Chris Sublette and'iraul Nigrel ' o-own,e Unit 104 / Vail Mountain View Residences December 19, 2017 - Page 41 VCBA The Vail Chamber 6 Business Association 241 South Frontage Road East, Suite 2 Vail, Colorado, 81657 970-477-0075 www.vailchamber.org November 30, 2017 Town of Vail Town Council 75 S. Frontage Road Vail, CO 81657 Dear Town Council Members: Members of the Vail Chamber and Business Association board of directors attended a presentation of the Mountain View Residences Phase II project proposed for the east end of Vail Village and have been following the project since then. 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 19, 2017 - Page 417 Owner SDD Support letter To: Vail Town Council From: Mark Caplan Subject: SDD #42 I am writing to you in support of the application for Special Development District #42, which includes our property in Vail Mountain View Residences Phase 1. While we initially opposed the original application, modifications made in consultation with our representatives, and an agreement between our association, and the owner and designated developer assuring our safety, security and privacy has resulted in an application which is now acceptable to us. Therefore In accordance with section 12-9a-3 of Vail's Town Code, we give our consent to the SDD and look forward to the development of a mixed use (condo/EHU) neighbor we consider compatible with our building and others around us. Respectfully, Mark Caplan, on behalf of Linda and Mark Caplan Owners of unit 306 Vail Mountain View Residences December 19, 2017 - Page 418 From: Laura Willard To: Jonathan Spence Subject: SDD 42 - Vail Mountain View Residences Date: Monday, December 04, 2017 8:46:26 PM Dear Jonathan, I am writing to support SDD #42 in it's revised form, with 15 condos, 15 EHU's, 20 lock -offs and without the hotel. This brings the development into alignment with the Vail Mountain View RESIDENCES as a place where people can, and want to, reside in Vail. Our location near the parks is optimal for town living. After talks with Developer Peter Carlson, Phase 1 has arrived at an agreement which we, and the Town of Vail, can benefit from in the future. As a Phase 1 owner, I feel the reduction in density and the removal of the hotel will help maintain the quiet nature of our RESIDENCES. This revised plan is a much better fit for the owner's of Phase 1. Laura Willard Vail Mountain View #406 December 19, 2017 - Page 419 From: scott herndon To: Jonathan Spence Cc: Kerry Wallace Subject: Support of SSD #42 Date: Sunday, December 03, 2017 7:41:38 PM To: Vail Town Council From: Scott & Kristin Herndon (VMVR Unit 204) Subject: SDD #42 Kristin and I are writing to you in support of the application for Special Development District #42, which includes our property in Vail Mountain View Residences Phase 1. While we initially opposed the original application, modifications made in consultation with our representatives, and an agreement between our association, and the owner and designated developer assuring our safety, security and privacy has resulted in an application which is now acceptable to us. Therefore In accordance with section 12-9a-3 of Vail's Town Code, we give our consent to the SDD and look forward to the developement of a mixed use (condo/EHU) neighbor we consider compatible with our building and others around us. Respectfully, Scott Herndon (owner) Unit 204 Vail Mountain View Residences Scott Herndon scott.herndon@icloud.com 314-265-4007 December 19, 2017 - Page 420 TOWN Ore) 1. Call to Order PLANNING AND ENVIRONMENTAL COMMISSION October 23, 2017, 1:00 PM Vail Town Council Chambers 75 S. 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 19, 2017 - Page 421 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 19, 2017 - Page 422 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 19, 2017 - Page 423 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 19, 2017 - Page 424 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 19, 2017 - Page 425 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 19, 2017 - Page 426 Mountain View Residences Phase 11 r.� JIfiffilifJJ '17 J `J iJ iffJS`fJ r J ;J:�I rllJ tJ 017 December 19, 21-1Y4Ddf 5A IL Mountain View Phase 11 JJIJfJJ!.JIJJ �J J `JsJ) SIJ J r J ;J:�I rfIJ fJ Jonathan Spence Senior Planer Office: 1.9 70.4 79.2321 jspence@vailgov.com Town of Vail 1 Community Development Department' 12/19/2017 December 19, 2017 - Page 428 of 578 2 Mountain View Phase 11 r PT'JJJJ� �JIIJ,..JJIJ_,IJ,� 15 Dwelling Units with 20 Attached Accommodation Units 15 Type III Employee Housing Units Related Site Improvements Existing Parking Town of Vail 1 Community Development Department' 12/19/2017 December 19, 2017 - Page 429 of 578 3 Mountain View Phase 11 1. Additional Employee Housing Units/Public Benefit 2. Opportunities for Outdoor Living Space/Balconies for south facing EHUs 3. Offset for Energy Usage for Heated Sidewalk Town of Vail 1 Community Development Department' 12/19/2017 December 19, 2017 - Page 430 of 578 4 Mountain View Phase 11 Council Concern: Proposed ratio of square footage of EHUs to Market Rate Condominiums is 43% 13,922 = 43% 32,687 Due to the deviations proposed, members of the council requested a ratio closer to 50%. An idea was proposed to convert two (2) proposed market rate units to EHUs Town of Vail 1 Community Development Department' 12/19/2017 Applicant's Response: The economics of the project do not support the conversion of market rate units to EHUs. Alternatively, the applicant proposes a financial contribution of $130,000.00. Based on the Town of Vail's recent deed restriction acquisitions, the applicant equates this to two (2) 600 square foot units, on average. This would result in a ratio of 46% 13,922+1,200 =46% 32,687 December 19, 2017 - Page 431 of 578 5 Mountain View Phase 11 Council Concern: In contrast to the market rate units or the north facing EHUs, the south facing EHUs have no balconies or other opportunities for outdoor living. In the interest of creating a balanced community, all residents should have opportunities for outdoor living. Town of Vail 1 Community Development Department' 12/19/2017 Applicant's Response: The south facing EHUs have been modified to include Juliet Style balconies. In addition, all residents have access to the second floor lobby area that includes are large outdoor deck. December 19, 2017 - Page 432 of 578 6 Mountain View Phase 11 Council Concern: In light of environmental concerns, members of council recommended that the proposed energy required for the heated sidewalk be offset by renewable energy. Town of Vail 1 Community Development Department' 12/19/2017 Applicant's Response: The proposed heated sidewalk would require a 20 kW solar system in order for a 100% offset. Per the solar consultant and project architect, the maximum system that can be supported on the Phase II structure is 10 kW, resulting in a 50% offset. In addition, the applicant is dedicated to an environmentally friendly project through its Green Globe commitment in addition to the solar offset. December 19, 2017 - Page 433 of 578 7 Mountain View Phase 11 !JJJdJf1J 1J-1 JJIJr r:. sri =1r'J on Height in feet 120 100 80 60 40 20 0 Building Heights of Frontage Road Developments 99.9 42 26 70 40 33 Wren Apollo Park Mountain Tyrolean Village View Parking Residences Town of Vail 1 Community Development Department' 12/19/2017 74.3 75.5 54 89 Solaris VVI Pase 3 Sebastian Gateway Four Seasons December 19, 2017 - Page 434 of 578 8 Mountain View Phase 11 HEIGHT TALLER BUILDINGS ALONG FRONTAGE RD CONS{STENT WITH RECENT APPROVALS BUILDINGS STEP DOWN AT STREETS & ROUNDABOUT 7 5.25 a5 1.75 0 e, 2' r0 Q Tgo 0 Town of Vail 1 Community Development Department' 12/19/2017 December 19, 2017 - Page 435 of 578 9 Mountain View Phase 11 If the Town Council were to approve SDD No. 43, Mountain View Residences on Second Reading, staff would recommend the following additional conditions of approval in addition to those contained within Ordinance No. 9, Series of 2017. 1. The applicant shall provide the Town of Vail with a cash contribution of $130,000.00 to the Town of Vail Housing Fund prior to issuance of any building permit for the project. 2. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, all Juliet Style balconies as shown on plan sheet labeled "south elevation" from 359 Design dated December 2017 and included as Attachment A to the Town Council Memorandum dated December 19, 2017. 3. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, a 10 kW roof mounted solar system designed to offset 50% or more of the energy consumed by the snowmelted sidewalk from the eastern property line to Vail Road. Town of Vail 1 Community Development Department' 12/19/2017 December 19, 2017 - Page 436 of 57810 December 19, 21-101110114P °Z.') VIA IL VailMountain Viewltesidences TOWN COUNCIL 6vAIltui Mauriello Planning Group Ch Bad On CouncilFecdback Address briefly the three major comments from the December 5 hearing Conversion of condos/lock-offs to EHUs Balconies for EHUs Energy offset for heated sidewalk Inead Ekus Converting condo or lock -off floor area to EHU will not work for the developer Instead proposing a payment to the Town of housing 130,000 for off-site This represents the average cost to the Town of obtaining deed restrictions for two 600 sq. ft. units - 1,200 sq. ft. total Town's average is 65,000 for a deed restriction EhuBalconies We were asked to improve the livability of the south facing EHUs by adding balconies We've added Juliet balconies to all of the south facing EHUs tg, ME '11 IL 1111 11111 ION11.111' 11111SIN'Ell1111ff s_iimmiFillt1111.11:11**, 'RP WO 4. =-u rAV Design Prior to 12-5-17 Town Council Meeting ' ' l'.111111511" I 1.111.1.119111111.111r Revised Design Solar Energy Offset We were asked to provide an energy offset for the Town's heated sidewalk in front of the building We know some of you are not fans of heating sidewalks in general • If you want to eliminate the heat from the sidewalk, we are fine with that We have proposed solar panels to the roof of the building that represents about a 50% offset for the heated sidewalk in front of our property - aa -a%. - :7; - _ --..41.01:2.- ...L•••- - - -- ow So ar • plurilIDEMINfinir NW wooly gi low .:...11„ 1 11 1 111 1U 11 1 111 1.1 MMUS III UMW '11111111 A114111111 1101• : 1 11 . MOM 1111,110141111111111111111 ” 1111 1'17IIi „,, • JO rl 1/... !UMW al . L. . a 441m-ul,• CnteriaFor eview CRITERION 1 COMPATIBILITY We have demonstrated that the project is compatible with the neighborhood and the overall development pattern of this area of Vail It is consistent in height, bulk, scale, and mass to recent redevelopment projects along the Frontage Road The project is consistent with the Vail Village Master Plan including the "conceptual" building height diagram as it has been implemented Compatibility does not mean that all buildings be the same height as a neighboring building, it's more about context and whether they can co -exist Examples through the Village where larger buildings are adjacent to smaller buildings The impacts of this building to the Tyrolean is the same whether its 4.5 stories or 3 stories CRITERION 2 RELATIONSHIP We have demonstrated that the uses, activities, and density proposed are compatible with and similar to the surrounding uses and densities We've shown that the density is similar to that of the neighboring properties ,The proposed uses are the same as present in the area The project complies with this criterion CRITERION 3 PARKING AND LOADING The SDD complies with the parking and loading requirements of Town Code The project complies with this criterion CRITERION 4 COMPREHENSIVE PLAN We've demonstrated in detail in our submittal that we comply with the Vail Comprehensive Plan and the WMP taken as a whole Numerous goals and policies are implemented by this project Addresses the Town's top goal and mandate of creating new employee housing in Town The project complies with this criterion CRITERION 5 HAZARDS There are no hazards or other geological issues impacting the site as demonstrated in the Environmental Impact Report submitted with this project The project complies with this criterion CRITERION 6 DESIGN FEATURES The project reflects the design qualities of Vail Village The landscaping proposed is designed to provide adequate buffers of the project The architecture is of high quality and is a sustainable design The project complies with this criterion CRITERION 7 TRAFFIC There are no traffic related impacts of the project Project can be fully integrated into the Town traffic system The project accommodates the Town's future widening of the South Frontage Road The project complies with this criterion CRITERION 8 LANDSCAPING The project complies with the Town's development standards for landscaping The landscape design provides for adequate buffering of the project from the Frontage Road and neighboring properties The project complies with this criterion CRITERION 9 WORKABLE PLAN Because this phase of the SDD will be developed as a single development project, this criterion is not really applicable A staging plan for construction has already been worked out with Apollo Park and Phase 1 to ensure little disruption to the neighborhood The project will be developed in 14 months from project start The project complies with this criterion • Ali ::111 1 1 1 11 1 41 Iia .1' 1111P11111.111111Itli II/S410. 1 1 4111111"r 1 WIP10 9�+��.�1.9 + #+ 10, 11191!11 k`: j+ i M M �. - I i 11H it . 1 IiI.L+: F; E.,/t.'.i1s 1 I PI1r ark•. ��a�� siN -- y_ii 1 Wit__ _ Jil ul�l�leuir, ul� 11111 11�1,'M�1 IAN We recognize the project goes beyond the GRFA allowed under zoning... ...Like nearly every other SDD approved in Vail Village. Any future project within Vail Village will almost certainly need to exceed its existing GRFA because most everything is fully built out. Therefore, virtually no employee housing of any reasonable number can be added to the town without an SDD approval. TIT` rola I 1 .I .k, �. 11. I I II. !!!11110111P1..." iiiillia. +"11Tl 1 I PR1 1 1 ■A ioil��Fr.;, ., implin. 1 E 11 -r 4�. •I MEI 11 1 1 ill I4 II 1111,11 Mr i111 '44 +;#+ l M#119111416".:: IlLji 1 1 IRM i•- .111111111'I$•M1+11 111111!1111+; 11x111111 , 1 Ilp.'MII 1.11a1 We recognize that some private views of I-70 and the mountains beyond from the Tyrolean are impacted. Views are not a guaranteed right. Further, view impacts are minimized in this location because it effectively borders I-70 and therefore don't have view impacts on all sides. As we've shown previously, the Tyrolean's views are impacted in part because of the variances granted to it to build closer to and across our property line. 111 rola MEI .. 1111 1 111 1 4IMLR km1 1 WI l• - .IFIFI1111, i$ • •1+II . 0,, No project with 15 EHUs can be built in Vail Village without some drawbacks. In order to have EHUs of a reasonable number, there has to be an increase in the size of the project to pay for it. We believe that with the location along 1-70 and the public benefits proposed, the impacts of the deviations are far outweighed by the proposed public benefits. We have listened to the concerns of the council raised in the December 5th meeting and we have addressed them as best we can. We hope to be able to develop this project and add 15 EHU's in Vail Village in 2019. Thank you for your time. TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 21, Series of 2017, Second 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. ATTACHMENTS: Description Staff Memo to Town Council Attachment A - Vicinity Map Attachment B - 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 19, 2017 - Page 438 TOWN OF VAIL Memorandum TO: Vail Town Council FROM: Community Development Department DATE: December 19, 2017 SUBJECT: Second 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 second 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. On December 5, 2017, the Vail Town Council approved, on first reading, Ordinance No. 21, Series of 2017 by a vote of 6-1-0 (Foley opposed), with an additional condition that prior to issuance of any building permit for altering the unit mix and/or unit count in the December 19, 2017 - Page 439 subject property, the applicant shall provide 2,000 square feet of off-site, deed -restricted employee housing within the Town of Vail, in addition to the applicant's original proposal of a two-bedroom, 788 minimum square foot, deed -restricted employee housing unit. 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 second 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; Town of Vail Page 2 December 19, 2017 - Page 440 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; Town of Vail Page 2 December 19, 2017 - Page 440 • Creating additional for -sale real estate; and • Providing 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 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. 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. 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. Town of Vail Page 3 December 19, 2017 - Page 441 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 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. Town of Vail Page 4 December 19, 2017 - Page 442 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: 0.28 employees x $177,733 (fee per employee generated) = $49,765.24 Instead of the total above, 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. 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. Town of Vail Page 5 December 19, 2017 - Page 443 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. 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 Steep 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 AAVs) 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 V. RECOMMENDATIONS Recommendation Based on First Reading Should the Vail Town Council choose to approve Ordinance No. 21, Series of 2017, upon second reading, the Planning and Environmental Commission recommends the Town Council pass the following motion: Town of Vail Page 6 December 19, 2017 - Page 444 "The Vail Town Council approves on second 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 second reading, the Planning and Environmental Commission recommends the Town Council includes 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 certificate of occupancy 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 $81,312 traffic mitigation fee, based on the Department of Public Works' estimate of eight (8) net new PM peak hour vehicular trips in the amount of $11,200 per net new trip, unless the applicant provides a traffic study that demonstrates less than eight (8) net new PM peak hour vehicular trips and said study is accepted by the Department of Public Works; and 4. Prior to issuance of any certificate of occupancy for altering the unit mix and/or unit count in the subject property, the applicant shall provide 2,000 square feet of off-site, deed -restricted employee housing within the Town of Vail, in addition to the original proposal of a two-bedroom, 788 minimum square foot, deed - restricted unit." Recommendation Based on Applicant's Proposed Amended Conditions The changes proposed by the applicant required employee housing for 0.28 employees and the applicant originally proposed housing for 2.25 employees. In response to discussions during First Reading, the applicant has proposed increasing the employee housing from 788 square feet to a total of 2,000 square feet, to be provided in the manner outlined in their proposed second condition. Should the Vail Town Council choose to approve Ordinance No. 21, Series of 2017, upon second reading, and with the amended conditions proposed by the applicant, the Town Council shall include the following conditions: Town of Vail Page 7 December 19, 2017 - Page 445 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. The applicant shall provide a minimum of 2,000 square feet of deed -restricted employee housing within the Town of Vail, to be recorded with the Eagle County Clerk and Recorder. Said deed -restricted employee housing shall be provided in the following manner: a. Prior to the issuance of any certificate of occupancy resulting in any decrease in the amount of accommodation units (AUs) or increase in the amount of dwelling units (DUs), the applicant shall provide a deed - restricted employee housing unit with a minimum of two bedrooms and approximately 788 square feet; and b. Prior to March 31, 2019, the applicant shall provide a deed -restricted employee housing unit, with a minimum of approximately 1,212 square feet. 3. Prior to issuance of any building permit resulting in any decrease in the amount of accommodation units (AUs) or increase in the amount of dwelling units (DUs), the applicant shall pay to the Town of Vail a $81,312 traffic mitigation fee, based on the Department of Public Works' estimate of 7.2 net new PM peak hour vehicular trips." Findings Should the Vail Town Council choose to approve Ordinance No. 21, Series of 2017, upon second 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 Town of Vail Page 8 December 19, 2017 - Page 446 established character as a resort and residential community of the highest quality." VI. ATTACHMENTS A. Vicinity Map B. 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 9 December 19, 2017 - Page 447 1 Vail Road - SDD No. 36, Four Seasons Vail Village Filing 2, Lots A -C e I U 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 19, 2017 - Page 448 of 578Last 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 19, 2017 - Page 449 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 19, 2017 - Page 450 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 19, 2017 - Page 451 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 19, 2017 - Page 452 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 19, 2017 - Page 453 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 19, 2017 - Page 454 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 19, 2017 - Page 455 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 19, 2017 - Page 456 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 19, 2017 - Page 457 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 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 with 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 $81,312 traffic mitigation fee, based on the Department of Public Works' estimate of 7.2 net new PM peak hour vehicular trips. 29. 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 Ordinance No. 21, Series of 2017 10 December 19, 2017 - Page 458 subject property, the applicant shall provide 2,000 square feet of off- site, deed -restricted employee housing within the Town of Vail, in addition to the original proposal of a two-bedroom, 788 minimum square foot, deed -restricted unit. 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 Ordinance No. 21, Series of 2017 11 December 19, 2017 - Page 459 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 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 19, 2017 - Page 460 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 19, 2017 - Page 461 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 19, 2017 - Page 462 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 19, 2017 - Page 463 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 19, 2017 - Page 464 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 19, 2017 - Page 465 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 19, 2017 - Page 465 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 19, 2017 - Page 466 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 19, 2017 - Page 467 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 19, 2017 - Page 468 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 19, 2017 - Page 469 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 19, 2017 - Page 470 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 19, 2017 - Page 471 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 19, 2017 - Page 472 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 19, 2017 - Page 473 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 19, 2017 - Page 474 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 19, 2017 - Page 475 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 19, 2017 - Page 476 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 19, 2017 - Page 477 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 19, 2017 - Page 478 "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 19, 2017 - Page 479 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 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 19, 2017 - Page 480 of 578 Level 2 - Existing Condition J.i-11J-.:°"" • 1■ - 1 I I F !' 1 • re 1 _ � � . • • 1 _ �� 1 1. 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F r . 1 '1 1. 1 .�� — { ' 411011111 • L .101 mill•mlm•• Imo • MEW ' � � •' _moi _ ... � 1 0 SiTita,.ree • 1 T• •. 1 1 _ i'")11 ' 1I 1 ''r • 1-: —11 J 7 T •r { 1. r•1 r 1.• 1 1. •ria-. %.1 !" _1 ti•1.r 1L1.161 J1 � L Ii 1- 1 1 1 1 1 1 • T s•Z '• •L [..1L 1•• - mammi IT• ▪ -- 1. 1. r_ r- •titi • 11 11. r -.111 r-r'rr. 1:4 - -- .1 I•I . �• • \ 1. r r • 11 •ti 1.1iod, • Cf1-1) ti rr Unit Totals - AU's (lodge rooms, suites) - DU's (Penthouse, condos) - FFU's (Residence Club) - Meeting Facilities - Restaurant / Bar Spa / Health Club 0 -AU's 0 - DU's 0 - FFU's 0 - Lock Offs PROPERTY LINE Level 2 - Proposed Condition SPACES CONVERTED TO 4 COMPACT SPACES 0=11■ 1 ,' ;,:, �illl I ig:E1111FAr Ai 1 111111• Enni■n1 n■■1 IIIIII■li• 1 1111111111 uP Il- mm■m_ 11 �� 11m■ii U • • i Spz�I� oN ■■■11■■■ ■■ ■■■11■■■ ■■■r■■r■N �NNN NNH N 1 1 1 1 momrat�! -1111111I1'I�!1 °� _: �'l 111111l11I� I__ZO A 11111111111P! 1� 1111111111111 A ° �1 ■i I�1.111 • IL �l n Himmel! n_ri 11 1■IM1LI� 1 ■i 1 • 1 • • • 11■�11 ■ 1Hii. 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L#Ii i KOMITI =Mil Tr 1 ■k. 1 11 till 11 Emmy IN, MI Nal 41 En 10111PIIIIP ..17.4 .A1121 +1 +1 OMNI 4 3P4111 Alf I �J n�_LA 1 II1I1: 111111111■ 1111111111 - 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 19, 2017 - Page 481 of 578 Level 3 - Existing Condition S -3I STAIR 'U' 1 5-315 I Alk 0 BROM WIG I MOB a .......ImIp........ m........ o® MEM MmaalMma n■■■Ir.■■■ I�1 Gil dill IIIIIIIIIIIIIIIIIIII IBM 11111"fl P151 HALLWAY o-3os 1 19. 1 I x. I 1 HALLWAY 1G-3061 Itt atI �IW1::�IV BA11R0091 1 382 I • m 1111/1111 QUET STNORAIE 1 393 I 1 395 1 El IMMEIBMM 1■■■■■■ 1■■■■■■ 1■■■■■■ e■1■r�■u■■■ ■■■_m1_r,.ui■■■■■■ IMMiiiiMMEMMM=MMMEMMEMMEMMEMMEMMMIMMEMMEMMmIEME I■■■■■■■■■—■■■■■■■■■■■■■■■■■■■■■■■■■■■■ I.....■■■■—■■■■■■■■■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■—■■■■■■■■■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■_.....■■■■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■_.....■■■■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■—■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■_■—■■_■■■■■_■■■■■_■■■■■ MEM ■—■■ EINEM MEM MEM =IME' AEI__ V. Imo■_■ �'\I■____■�•\I� Z� 1�_R ___ ___��__■ aili ■■1J\J■■I■—\\f I■■■■ md■■■■■.J■■■—`� Imulommomemmoimmummommsemossim ■■■■■■■■■■■■■■■■_...I ■—■■■■■■—■■■■■—■■■■■— ■■•■ur7■■■■■■■■■—mons ■—■■■■■■—■■■■■—■■■■■— III1 ___m N■■■■■■—■■■■■■■■■■— ■�� • I■■■■■■—■■■■■■■■■■— -;,■■■1 �T ►T i■■■■■■�■■■■■■■■■■� Iii■■■1 ■■■■1 ' ,�■■■1 .....I RREFUi,ION ■■■■■I ■ ■■■■■1 111111 ■■■■■I _7■■■1 ■ I■■■■■I Iu■■■1 ■■■■■I ■■■■■I EIEEEEI ■ I�.■■■1' VETE!I ■■■■I .,4\ 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 STAIR 1 5-315 I RUM ®i1 I. BANUGEQUET STd 1 330 0 �q� .WI9 MMMOVM a San 41E4E L ■ 111111118■1111 1 1 IfI s HALLWAY 1 C-309 1 1 199 1 1_ -I" 1-9=1=1-, G _ Y Y1 4...,_ _ its NM oppr,minip II 5-35in A 'I \ --ill OEM wr X511 _DUMI MEP!! rah t�I 'Y� Y1rs J �1 C' I El �lII «l=ICI.III�IIm ' 7 X11 •01=1=1_g' m 3009 E Ii IEd Yv1isms 'AimIN -1r ]111�11=a-1F-.s11111�-1 41/ •1 •I!' 11",fi" 8 3 1 11111111 /4 1111,111 1miiu HALLWAY C-306 I rtt,f�tt u-Icu-s�sl.:1 STAIR 1J 1 S-319 I —I SERV ELEV LOBB E-30381 I�IIIIIIIIII�I 1 1•F•11_ Vi\a■■ I.....■I I MENE■■I --:--_.,�-�...-- .IEEE■I I� ■n_ ■(�■■■■■®■r■i■■�■■■■■0■rumr_mr II■■■■■■I 1■■IrV■■■■■■■■■■■■■■■■■■■■■■—■■GLS■■■■■■■: EMM' 1■■—■■■■■■■■■■■■■■■■■■■■■■-■■■■■■■■■■■ 1■■—■■■■■■■■■■■■■■■■■■■■■■-■■■■■■■■■■■ IMM—MMEMMEMMMOMMEMMENOMMEM—OMMEMMEMMEM I■■—■■■■■■■■■■■■■■■■■■■■■■—■■■■■■■■■■■ It—■■.� ■■■■.. ■■■■.. ■■■-I ■■■■..... 1•11�11111U11111U1111e■11111� !=!! ■■■■■ MEM MEM MEM PRENNCTION 1 387 I IR '0 ___1MI R.__J■L4\J—■■iMiiis■■f I■■■■ mLM 11EM11111111=1111111I111�11111=� ■■■■■■■■■■■■_.....■■■ ■■—■■■■■-- ■NnUMr•I■■■■■—■■■■■■■■ ■■—■■■■■-- MI— I •,■■■■■■— MN ■■ 111 I■IEEE■-- 7■■■1 �� 1■�■■■■■i� IAi■■■1 Il■■■1■■■I 'MENEM 111111 IEEE■1 IEEE■1 NIL <0110> CORRIDOR Io -m,1 1 <5118> • • •�L11 A7,17.1 2 AU's converted to 3 AU's 84.12.1A Ll =O X*1 ■■—■■■■111 ■■-■■■■■�� � ■■E11111 ..11 j <RC1 IA> <80118> G118> <0116> III 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 19, 2017 - Page 482 of 578 Level 4 -Existing Condition MMMIIMMMMMMMMMMMMMMMMM iMriii.Mi 1:::::::: �:7__` .••••••••••= ■■■■■■■■ • i �U_U ■■■■■■■■ ■ \ ■um___ ■ =1ED • ■� ___ • ii!P o LA_ol MU — @EEL "1111111 111111115 11111111 I. Him Criblb, „,.,,,”Mlfa 11 MAN °0iiiiiiiiii�uiiiii�lir • rZli tl,V.11 01114 1111174 Lill�a lulling III III! u 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 n�a 7 11111111 111111115 11111111 n ■, F-4umi-i ■ eAim MEILLA O MEM ■� " 111 mmm MN r 11 AL —0 !.� 1 'j 11111111111 1.1111111111111 \\\\\\\\\\\\\ 1`� o��, o��. /� I/ 11 ■I IIIII,1 % 0=1101II11 111 ■ i l IMININIFE 11111111111 111■1 I ■IMI 111111111111111 IJIIEI 2 AU's converted to 3 AU's IMMUNE, 2 �UIImnmu I 111111111111111 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 19, 2017 - Page 483 of 578 Level 5 -Existing Condition � n O I11'll 1111111111111111111111111�=-��11 D of Llu HHIIIIIIIIIIIII1 IIIIIIIIIIir 111 ._,,,IIIIII �IpI,I_ II iIIIIIII II111I11E 11 \ 11111i� 11 il �Illllllllll•i■11111111 . +II l9IIII 11111111IIIII 11 IIIc— Q Q .11111 1.■�. IInI,� �— IIII JI I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 II II IIP!!G i!uh l=== =' 'SEMI • ■11■1101■■ Il MIAMI' ■Irl■■W. 1'I1'■■1 fi Iiia■■■1M1 fl■■lb■■I■I \ :MOM I I+IIJil1■1!_ni1■iliiill_■■fF■I■I Ii\■■iJ r '=■1,'.1122i■■■:I■■in■I■I I.■■■L ■■■■■■■■■■■■!■■■■����1 10-214110111811611311 EllEI ■■■■■■■■■■II■■■■■I -^_ 7■L—•;;:1 �1.J•■■■■■IL■■■■■I \`I■■■■■■■■■■■■■■■■■1■■■r ' I.■■■■■■■■■■■■■■■.M■■L71i w IIIIIiW III III •ul1. ■■■■M'= ■■■■■I■ ■I►■■II■ ■■MITI■ I1.■■■■■■LINEMEN II ■1111■■■ ■■I:11O■■■ ■■PONI .: ■■�!III■i i � U• I I I 1 1 I1I❑ .111 _ owwwwiw��� www_ -w I mm • wwwwlm w r U I ■■■■■■■■■■.�.■■■■■■■■www■■■ ■■■■■■■■■■■■■■■■■■■■■www■■■ ::1:111::11M11::111:::.C: ■■■■■■■■■■■■■■■■■■■■■—ww■■■ ■■■■■—■■■■■—■■■■■—ww■ •1111 •1111 •1111 nPIII IIIIIIIIIIIIIIII 11111I IIIIIIIIIIII�III.IIIIIIIIIIIIII r�- 111111IIII'' 111111111111 I I ruIIIHinhIlli_ � r J////,illlllllllllllllllll'II\' `'� - 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 ZZ Ike. 11 ..■ Irs IiiI!1!J1 I Oihri Iill 1=11 ❑' I IIjIIIilllllllllllllllllllllllllllllll 1 li 110m11I IIIII_IIIIIIII� E=== I II■■J■I • .111I1■LEI■ Il ■IIIkII Iu■i ■■■■b• 1111■■1 flll■I■■■I■I :EMS i iu■J!I■1 Ia'■■■■I■I li\■IIr1 1 !gram ■m■■■■■:I■■■■■7I r■.YI■ r pramm■11■■■■■■1 I■■:Lalii■IJ! ■■■■■■■■■■■■■■■■■ NMI I 1 r11■■'■11■■■■■■■■ i■■■.I.■I I •iiI■■■■■■■■■■■■II ■ NMI ---.. ■■■■■■■EI!•l■■r■I 7■L- .-1-'A ■■■■■111_1■■■■I VIl■■■■■■■■■■■■■■■■ ■■■■Is■1 ■■■■■■■■■■■■■■■■■ M■■E1I1111I 'mom■■ LINEMEN ■■I:.111U-■ ■■LUIIi'l ii 11111.II N ■■11 rig NMI1111111 •1111111 •11 I1=1• fir I. -- I II\ ‘-wett-311 Wi IMMEN=MMENNEMENNIMMENEMEN==Mj IO■■■w■O■■■■■■O■■■■w■■■■■■Oww■■I ..■■w■.■■■■■■MIIIMM.■■■■■■.ww■J •■■■w--■■■■■--■■■■ ■■■■1••==111 ■■■w_■■■■■_■■■■ ■■■■■_ww■ ■■■_ ■■■■■ ■■■■■ ■■■■■ __■ 111111111111 1Ls.I11111111111.111111111111111111111..11 1 11111111111111111 1.111111IIII1 1111111111 1 'd N' IowI!I1�!i • 1 s' 1 t II 1-11 1111!!! MEE IIIIIIIIIIIIIIII PIM IIIIIIIIIIIIIIII H°!!, 4llllllllllllll►►1.\\� - 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 19, 2017 - Page 484 of 578 Level 6 -Existing Condition 1101111111111111111 111111111104 ■■■■■■i■■■II■■ wl ■■ E :■ ■■■i ih 111111 111111 01 g1.nmIai MEMAIONN I 1111111111111111111111111111111111111IIIIIIIIIIIIIIII11 n n n MEW 1■■■rul■ INN ■ ... 1■■mmii 1■■■ i1:w r■■■■■1 ■1■■■■ r� ■n.� 111 II 11 ■■A■ iI1i�7I■■■■Ia v :math■!iiii■■ilr■ 1 ••U! ■■■■■■■ 1 ■■■II I! m■■■■e rma l _�_:1■r�Ili■■I�i 1 ■■■■■■■■:■—iiii■ i■■■1: X.■■■■ ; ■■tmx"el 111111 111111 01 ■■■■■■■■■■■■■■■Ir1■■■UJ1■■■■■�,a iiii■■■ ■■■■■■■■■■■��■■ i■■■■■■■■■■��I■ 1 ■■■■■[i�l r�....ri .. ■■EIIIIli11■■Iril1■11;� , ... ■■■■■■psi■■1,. ■■■I■11.1m ■■Ill•1�i■■■■■i�!11 /ilePI 111111 111111 °.4;111f1 x 1■■ mom' moon. ■■■■11■■I■■■iit■■■■■■W?:1�■■l�Ci_:■.■■■ui moon aR, ■ liE E!_1A■■■■r4 .i__ ! ! i:ir■■■■11].... T EA ml®®iiii ■■■i:l���■■��a,1°■■:..-1 ���■71■111■■■■1� 11111111 IIIIiIIIIIIII -111 111A IIII IIII 1111 I 0 "Ala." ■■■■■■■.- ■■■■ mum \■■■■■■■■■omol .■■■■■■w■■ --_■l 1 1l iiiii 'r.1I it NAME Mill up- 7 111111111 il_.-� �����I,I������� jh limmu nnu■i �j . 7 11118 1111111IIIIIIIIIII Illllf II \r4L-1-1•;„11.011 ill ___=:4A-111.1 .d 11111111111111111111111 - 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 3 - FFU's 0 - Lock Offs Level 6 - Proposed Condition LImmiInnio gimumlundiro ii 111111 ii 111111 ii 111111 ii 111111 "EH mot, 11111111111111 Are1= i r 11111111,/ 1111111IO 111:1111 HHHHROA IIIIIIIIIIIIIIIII llllllllllllllllllll 1111111111111111111 iiii■■i■■■ Zara n■• I _ - —. 11■■ 1■■■x111 mwmimaa e�.�___miyA _�� ■■■■■■■■■■ LFIUI , 1■■r::s11r■■II■ I!isli!?A■■■!IIF�lP,, I iiii■■•••• ■■■1■■m■: M ■!'Iiia'■ I!'Ullrr■■■II1!■ 1! ■■G— '-- ■■■I 1■.■il;�■i■■■11l66i■■■ci!� . momm....m ■■■niamENNIMMEMMENIJA MI" 51. MN _MIMI mums= ,---vriboimmiliii Ir■11J1 rr7■ ■■■■■■iiii—■■■■■:a■iile. ■■■■cry;:! iiii■■Z ■■■■!■!■■■■■I� Pin ■■■■■■■■■■■ms 1 ■■■■■[�I■■■IIIIrl1I■■.rill■r! ....=�� iiii■■■i1■■h:! ■■■■mim ■■■ EANI ■■MIll �■■■e■ ■■■■"3-1 M■■iii■■■■■11h�I,■■■— ■ii - 1■■ fi]■II€1■■I: , :■■■■■111■■■ 1�mm 1111'11■■I IJ■■■1' mmm!". ■■■i1`■■■■■■SIA �j■■■Jif X11111■■Il1Il■ ■■■I 1�-: .p. i :--ji•N•!!!! m!'I■■■Imiiiiiilk ■`i••_�ii■ ■■.■___I ■■ mil■■ moon own M■■■■■■■■■■MMil ■■■■■■■i■■■I■■■1 7■■■.■G71 0 1ull` iia• i 1111111111111111111 111111111111111111 1111111111111111111 111111111111. 1111111111111111.11111111111111111�r=- nnlumm Il iI iIlllllllllllllllllllf IIII11111�11�III�II 111111111 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 19, 2017 - Page 485 of 578 Level 7 -Existing Condition VIII I IIIIIIIIIIIII 11111111111 VIII.1111111111111111111111; II 111111 III1- .-.1 jIJ!IIIIIIIIIIIII!ijJiIIiIiIiIIi V' ■■■■■- ■ i i i A ■■■■. iii ■■■■■O r mormonammaimag_ 0_A ei �1 LENNE 111—' 1111 -- 0 ■■■■■==1==!■■i !o■■■■■■■■■■■ ■1■■■■■■s1•�■■ Oiii:: ■■Giuin.ii.�i■■r'—�— rm.mormabarlz•Ni Ea:im■■■■■■ii■■MVITMi■■1 ■I■■e■J ■■■■finumorm!Ni■■I ■■1e,■vI ■■-■■■■1.IlJ�IIi t�■■■I ■■■■! II■■■■■■■M'..i S11 ■■r ■■■■■ MEM 1■■■■IMI MEM 111;111' 1■■■■11■■■■■ 11111111 IES■■■.11■■■■■ r I.. iii IN II■■■■■ g••\\■■■ _ °;, 11 — ' \ ■I■■ui ■■■III I1■■■■1■■■■■ l■■IM■■■ .___�■mn:r■■ `II■mmmal mommr--- I■■■■■■■ iil�IlrEili■1 I■■■■■ 11■■■■1"\■■■N 1 iii T1•111■■■■■ III111IIIIIIIIII r III IIIIIIIIIJ 11111 1 o J IIII'iiiiiiiiiiiiiiiiiiiiiiiiiiiii! 11 7 - 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 3-DU's 4 - FFU's 0 - Lock Offs Level 7 - Proposed Condition d IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII - 9 IIIII1IIIII11111111111111111;;;; II `�►, 111111 ,►A iIOh 10.0 11111111 ► 111111113 r — Isimpunei � , �� ^ i 11 in 1I ___ w 11 ss II 4 ! Iil 11 41 MI • MIS �I_I�III III. MV IC I• IIIIIIIIIIIIIIIIIIIL!'!!!! 1'11ot7 ■■■■■�m.� MMUS ■■■■:11111 ■■■ri■I d■■■1'►1■ MIME EZ == _A I ■■■a■ .I■■■! == == y ■i■■■== ==J■■■ -- d011211■■�1121,■■■1\ Al � Pi" U...0 m■11l....1 ■1...■■■ 'dgikV■■IE' !:I.E■■II■1®iYo■■ ■■■■■■1=Q1e■■■ f ■1■■i ® 'id■■■rinummgi!i■■ =■■■■ i ■■■■Im1iiJ;■ ram■■ ■■■■■J 1■■■■■■■■■EM `a NE ■■IM ■■■■■ 1■■ 1 ■■■..■■■ INN IEimmem til 0=�� I_IIIIIIIIIIIIIIIIII�11111I■imw , 1•�. • • / \ r=l I■I■■■1 ■■■:�■_iii it■■ii■■111J,■1■■ f1■■■■1II■■■i II'IIi.■Gli7■■►.il 1■■ 111111 Ii■■■■■ I1■■-�I.�I■■■■■ ■■■■■11■■■■■ PINES MI I■■■■■ IEI■■i ■i I■■■■■ iilAl■17■1 I■■■■■ 11■■■■1'I\■■■N I 1 iii i •ii1■■■t■ b b 11111111 11111111 IIA�,111 II, 11 _ I_I�I &rim IIIIIY . A, AV a b AN tun Aki rap I Bei IC=I _iffielkirgo• 1 Errifflfrigi ISI► frriL. MINIM 11111111111 - - 1I11iIIIIIIIIIIII III11111111111 J1111 ►���4. 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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 19, 2017 - Page 489 of 578 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 19, 2017 - Page 490 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 19, 2017 - Page 491 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 19, 2017 - Page 492 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 19, 2017 - Page 493 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 19, 2017 - Page 494 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 19, 2017 - Page 495 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 19, 2017 - Page 496 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 19, 2017 - Page 497 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 19, 2017 - Page 498 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 19, 2017 - Page 499 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 19, 2017 - Page 500 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 19, 2017 - Page 501 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 19, 2017 - Page 502 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 19, 2017 - Page 503 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 19, 2017 - Page 504 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 19, 2017 - Page 505 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 19, 2017 - Page 506 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 19, 2017 - Page 507 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 19, 2017 - Page 508 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 19, 2017 - Page 509 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 19, 2017 - Page 510 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 19, 2017 - Page 511 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 19, 2017 - Page 512 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 19, 2017 - Page 513 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 19, 2017 - Page 514 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 19, 2017 - Page 515 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 19, 2017 - Page 516 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 19, 2017 - Page 517 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 19, 2017 - Page 518 • 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 19, 2017 - Page 519 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 19, 2017 - Page 520 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 19, 2017 - Page 521 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 19, 2017 - Page 522 • • 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 19, 2017 - Page 523 c • • 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 19, 2017 - Page 524 • 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 19, 2017 - Page 525 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 19, 2017 - Page 526 • 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 19, 2017 - Page 527 • • • (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 19, 2017 - Page 528 • 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 19, 2017 - Page 529 • 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 19 2017 - Pa.e 530 • 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 19, 2017 - Page 531 • 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 19, 2017 - Page 532 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 19, 2017 - Page 533 • Exhibit A: TOWN OF VAIL MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into on the 3r1 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 19, 2017 - • age 534 • 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 19, 2017 - Page 535 • • "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 19, 2017 - Pa•e 536 • • 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 19, 2017 - Page 537 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 19, 2017 Page 538 c • • • 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 19, 2017 - Page 539 *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 19, 2017 - Page 540 •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 19, 2017 - Page 541 c • • 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 19, 2017 - Pa • 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 19, 2017 - Page 543 •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 19, 2017 - Page 54 • 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 19, 2017 - Page 545 • 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 19, 2017 - Page 546 of 578 • 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. LLC. has submitted an application for a major amendment to Special Development District No. 36, Four Seasons Resort: and WHEREAS. in accordance with the pnwisions outlined in the Zoning Regolattons, the Planting & 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 m-ippEris. as notices as required by the Town__ of vait n lCode nave 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 Plen 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 Bre recommendation of approval from the Planning 8 Environmental Commission for the major amendment to Special Development District 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. Sectlrn 3. Special Ueyo4eomsrrt District No. 36 The Special Development District ts 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 Be goats, objectives and policies of the Town ci Vali Comprehensive Plan. Special Development Disinct No. 38, Four Seasons Resort, is regarded as being compentmtary 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 39veloume0 Plan - The Approved Development Plan for Special Development District No. 36. Four Seasons Resort. shall include** lollowtng plans and materials prepared by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2305, 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 (140142') h. A-203 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') I. 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 1. 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 Calculaitons at Proposed Grades aa. A-11.0.1 Existing Circulation ab. A-11.0.2 Proposed Circulations cc. A-120.1 Off-site Improvements Fan rid. A-130.1 Landscape Area 0e. A-14.0.1 Hardscape Area 11. A-15.0.1 Above Ground Sae Coverage gg. A-15.0.2 Sae Coverage Below Grade hh. A-16.0.1 Streetscape Elevations Permitted I/aee- The permitted mos in Special Devolepmeo District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Condition.' Wee - The 00 d0onal uses for Special Developrnara District No. 36, Four Seasons Resod, shall be set font in Section 12- 7A-3 of the Town o/ Val 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 Units, Fracdoat Fie Club Unita and Employes Housing Unita - The number of units permitted to 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€gojgd. 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-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 reoutred spaces may be utilized by the Holiday House Condominium Association, dada 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 Ionil the ntimber dr spaces evaliaole for sale or Inase to condominium andfor fractional foe owners. Section 5. Approval Agreements for5oecial Development Nelda No. 36. Four Seasons 99,40* 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 compiles with the Town of Vail Employee Housing requirements (Chapter 12-13) fora minimum of 56 employees on the Four Seasons Resort site, and Mal said deed -restricted employee housing shall be made available for occupancy. and th81 the deed restrictions shall be recorded with Inc 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, shag be adopted with the .bond 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 (Mice prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resod. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for revtesQrand 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 provde 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 arxeras requirements 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 automat 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 chaff mama 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 perms. 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 perms. 11 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 tor all net increase in pm traffic generation as shown in the revised April 4.2003, Tratttc 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 011ila* 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 all Boal 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. amtts 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 horn 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 tine of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including. drains II htin art, slreetscape enhancements, edge treatments. curbs. heated 0$jkjetc. Il54a7®t I cinated with the proposed Town of Vail Sireetacape plan for West December 19, 2 • The Dalt IssNleds 970.845 37 Vaildail .c0m 0.':aeinq -..its we11 of the loading y access drive shall be iurve&angled to order to 'bench' access drive wall. Top of wall elevation for the Fronlag Meadow Drive path leads as 185 57(Typo) k Ra+!mgs shall be provided tor 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 elevation on civil pans. p. Show additional TOWIBOW elevations on pod walls. 24 That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of is final approval at second reading 01 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 el 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 Me special development district upon submittal of an application to reestablish the special development district following the procedures waned in Section 12.96.4. Vail Town Code. 25 That the Developer Shall commit no act or omisSiOn In any way to cause the current operation of the Chateau al Vail to cease until such time as it demolition permit is issued by the Department of Community Development. Sanction 8. leve Detp et tlte.Qr Ordinance No_ 20, Series of 2005, shall take effect on January 3, 2006. Section 7. 11 any part. section, subserl,on, sentence. clause or phrase of this ordnance is for any reason held to be invalid such decisen Shall not affocl the validity of the remaining potions of Ihis ordinance. and the Town Council hereby declares it would have passed this ordinance. and each part, sectio,. 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, $Mion 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 date 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 of 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 for second reading dais 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 LLh�I A: IIJ,WCTOE_V41L MEMORANDUM OF UNDS8SJANDIN1 This Memorandum of Understanding ,s made and enlered info on rhe 20' day of 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 live star hotel. a tractional 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 -"Filing) currently and commonly known as the Chateau at Vail hotel and We Alpine Standard/Amoco gasoline tation: WHEREAS. in connection with its proposed mixed use development Vail Development LLC. is reguesling 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 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-site/public Improvements (as specifically set forth in detail below) along South Frontage Road and West Meadow Drive consistent with the Town Ot 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 iheresponsibilifes, obligations and requirements of the parties in connection with said offsite/public improvements to be performed by Vail Devdopnlem, LLC. NOW. Tl€IIEFONE, in consideration of the mutual covenants hereinafter set forth. the parties hereto agree as follows: 1, When used this Memorandum of Understanding, the following terms Shall have the following meanings unless otherwise specifically defined. The singular stall include the plural and lee 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 al the Property, which mixed use project is the subject of Ordinance No. 20- Series 2005. 'Property" shall mean those properties commonly 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. 'Tawe o11M" shall mean the Town of Vail, a municipal corporation, whose address is 75 South Frontage Road, 20,1 Colorado 81657; Attention: LLRI. 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 Vail Development based upon the design and functionality of the Project or as specatcally 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 hollowing (collectively, the 'Improvements) in connection with the Project (e) South Fmonbpe Road Vail Development shall perform the following impr. '--" is �r r.. 1 9, Saturda Deceln 2005 — P 031 Road south along no Property to 9 Val Road property. including all agh1in walls, railings, atilt} relocation, curb and gutter, drainage and landscaping as necessary: (11) Spratldle creel. piping and install new box culverts: and (rn) pavement overlay from the centerline p. to the p1090119line of the Properly tion the main roundabout (South Frontage Road) south to the peoperty line of 9 Va4 Road. 31009 West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the Town el 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 (6 to 14 feat wide. or as equired by the final approved Town of Vail Streetscape Master Plan Mor West Meadow Drive) adlacenl 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 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; (lit) all design improvements along West Meadow Drive Ifom 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 properly line of the Property (specifically including any drainage and grade tie-ins necessary beyond the western most property tine of the Property), including all drainage, lighting, art. streetscape enhancements, utility ...on. edge treatments. curb and gutter and landscaping as necessary and to match and be coordinated with the final approved Town of Vail STreetscape plan fa West Meadow Drive. (d) Ptedeellrinn Walkway. Vail Development shall perform the following improvements along the westem property Ione of the Properly from the Soalh Frontage Road to West Meadow Drive. using new and first 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. ordinances and regulationsti) design and install an atlached heated pedestrian s+dowalWwalkway 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. (0) 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. (t) relocate the Spraddle creek piping and install new box cuiverts, 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 Mr 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.pnd 011 co01 and expenses associated direclly or Indirectly therewith (except the Town o1 Vail shall have no obligee. to heal or repair the heat for the sidewalks) and Vail Development shall have no continuing Or Vt., obligations or responsibilities in connection therewith. atafiNANCiALGUAMMEBEQWEPAEMS 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 the Town of Vail), to provide 1,00110() security Io the Town of Vail and to assure the conplotion of Ole Improvements by Vail Development. The Bond shall be provided and posted with the Town of Vail prior to the issuance of a building perth0 for the Project. VE 1R4cELLANEOUS PRDVISIORS 7.1 Amendme0Ls. This MOU and all documents and instruments executed m connection herewith may be amended. modified or supplemented only by a 01(11001 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 Trus MOU shall 50 curalrued and enforced In accordance with the laws of the State or 7.4 Time of Essence. Time is of the essence o1 this MOU. In the 00001 me 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 hdiday. 75 iicanler0ans 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 agreement. Signature and acknowledgment pages may be detached and reattached to physically form one document. 7.6 altnrneys' Fees. If legal action is commenced to connection with the enforcement. Interpretation. or breach of any provision 01 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 EgtilldgfAmBoL 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 font. 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 tothe T of Val: Town of Val 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 621 Marquette Avenue South Minneapolis, Minnesota 55402 7.10 ROMEO 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 hereafter 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. a 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 arms 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 tine or otherwise, this MOU may not be �t 1 1n whole or in par 1 Ili i written consent of the Parries here to above. , t i�� iigier ee®rTsc $s MOLT as of the dale first set forth • • 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 19, 2017 - Page 549 of 578 • 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 ® $5,000 = 9200,000. This fee will be offset by the cost of non -adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (COOT access, ACOE, dewatering, storm -water discharge, etc.) prior to issuance of a building permit. 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department December 19, 2017 - Page 550 • • • The Daily C 'flede 970.845.9937 / vaildaily.com ,The snow ro roval, debris removal, repair and replacement of any and ell Improvements located in a public right of way or in a public easement, including any and all cost and expenses associated directly or indirectly therewith (except the Town of Vail shall have no obligation to heat or repair the heat for the sidewalks) and Vail Development shall have no continuing or further obligations or responsibilities in connection therewith. VI. FINANCIAL GUMANTEE REQUIREMENTS 6 Nicollet shall provide and post with the Town of Vail a Bond in the total amount of One Hundred Fifty Percent (150%) of the total cost of the Improvements (as mutually determined and agreed to by and between Vail Development and the Town of Vail), to provide financial security to the Town of Vail and to assure the completion of the Improvements by Vail Development. The Bond shall be provided and posted with the Town of Vail prior to the issuance of a building permit for the Project. VII. MISCELLANEOUSPROVISION$ 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 A0reoniefll, 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 19, 2017 - Page 551 TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 19, Series of 2017, Second 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 19, 2017 - Page 552 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 19, 2017 - Page 553 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 19, 2017 - Page 554 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 19, 2017 - Page 555 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 19, 2017 - Page 556 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 19, 2017 - Page 557 TOWN Of9 VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Ordinance No. 20, Series 2017, Second 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 2nd Reading Ordinance No. 20 , 2017 December 19, 2017 - Page 558 TOWN OF VAIL' Memorandum TO: Vail Town Council FROM: Finance Department DATE: December 19, 2017 SUBJECT: 2017 Supplemental Appropriation On Tuesday evening you will be asked to approve Ordinance 20, third supplemental appropriation of 2017 upon second reading. Across all funds, this supplemental request will adjust the budget to reflect $2,936,787 of additional revenue and proposes an increase of $4,225,274 to expenditures. The fund statements are also attached. Changes from first reading The following items reflect updates since first reading: General Fund Staff is requesting $11,000 for paper parking card stock displaying the GMC logo. Half of this cost will be reimbursed, so the net cost to the town is $5,500. Capital Projects Fund Staff is requesting $260,305 for the interagency cost share of the county wide radio purchase coordinated by the town. This will be offset by reimbursements from the Eagle County Sheriff's Office, Town of Avon, and Eagle County Heath Services District. The total cost of the radio purchase is $860,304. Included in the 2018 budget is $600,000 for the town's portion. Staff is also requesting the following adjustments to budgeted expenditures: • $95,000 use of savings from capital maintenance projects for pedestrian safety enhancements including pedestrian crossing signs at the roundabouts, Vail Valley Drive, and the municipal building. Costs of these projects were more than expected when originally budgeted during 2016. This transfer of budget dollars will have no net impact to the Capital Projects Fund. • $75,000 for software relating to short term rental regulations. This is an annual cost to the town for continual updated information of advertised unlicensed rentals for compliance monitoring purposes, complaint customer portals and online licensing processes. Staff is also requesting $15,000 for one-time hardware, custom reports and set up costs associated with the short term rental December 19, 2017 - Page 559 software. Staff foresees that these costs will be more than offset by future revenues from short term rental licenses. • $287,500 for construction and design of a heated walkway between the pedestrian underpass and 1st chair in Lionshead to be reimbursed by the Vail Reinvestment Authority. • $160,000 for the implementation of a new sales tax and licensing software. This amount represents a $75,000 annual fee and $85,000 one-time costs for set up, customizations, data migration, training and implementation. This new software will enhance online sales tax payment features as well as provide more robust reporting capabilities for staff and greatly improve department process efficiencies. The most significant improvement will be the automation of the annual business license renewal process. This is currently a manual process entailing data entry and processing of checks for renewals of every business in town each year. In addition, the software has functionality that will allow better tracking of special event vendors licensing and tax collections. Currently special event vendors are tracked on an excel spreadsheet. The software will also improve tracking and management of delinquent accounts, which is currently a manual process tracked with an excel spreadsheet. Housing Fund $167,500 is requested to purchase the Altair Vail property as approved by Council on December 5th. Real Estate Transfer Tax Fund Budgeted revenue will be adjusted by an increase of $7,518 for a RESPEC grant which is directly offset by corresponding expenditures for the stormwater mitigation project at Public Works. Staff is also requesting to roll forward 2016 savings of $14,000 from the annual funding to the Eagle River Watershed (ERWS). At the beginning of 2017 a 2016 invoice was paid from the 2017 ERWS budget, shorting ERWS of their full 2017 council contribution. - 2 December 19, 2017 - Page 560 December 19, 2017 - Page 561 of 578 3 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 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 WI 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 Benefits 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 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 19, 2017 - Page 561 of 578 3 All Other Operating Expenses 7,680,184 98,764 7,778,948 117,780 7,896,728 104,554 8,001,282 $11K for paper parking card stock with the GMC logo; $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 37,880,847 351,978 38,232,825 % increase vs. prior year Revenue Over (Under) Expenditures 1,158,227 (270,764) 887,463 (561,300) 326,163 24,860 351,023 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 $ 27,651,283 64% 73% 72% 72% December 19, 2017 - Page 562 of 578 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 Other County Revenue - - - - 260,305 $260.3K reimbursement for radios for Eagle County Sheriff's Office, Eagle County Health Services District, and Avon Police Department- 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) Project Reimbursement 65,000 50,000 115,000 500,000 615,000 1,516,971 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 WMC/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 1,783,324 15,115,099 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 fumiture ($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 (75,075) 1,244,925 Transfer $92K savings to pedestrian safety enhancements; $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 18,900 260,305 279,205 $260.5K for intergovernmental agency radios- See corresponding reimbursement; 2018 includes $600K for TOV portion; 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, $21K 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 5,000 10,395 PeACEq training mgmt. software to track training and employee evaluations; Additional $5K 2017 budget oversight December 19, 2017 - Page 563 of 578 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 r 250,000 297,825 $160K for new sales tax software; $90K for STR software: $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 ($21OK), 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 6,338,991 290,230 6,629,221 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 Heated walkway between underpass and 1st chair (VRA) - - - 287,500 Design and construction for heated walk between the pedestrian underpass and 1st chair in Lionshead Pedestrian Safety Enhancements 135,000 122,830 257,830 257,830 349,876 Transfer $92K savings from capital maintenance for pedestrian safety enhancements; 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 I 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 December 19, 2017 - Page 564 of 578 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; 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 6,603,500 2017: 7 buses ordered in 2017 scheduled for replacement and delivery in 2018 ($440.5K per bus); Resort App 65,000 65,000 15,000 80,000 75,817 155,817 $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 Public Works Shops & Maintenance Buildings 150,000 150,000 150,000 150,000 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 15,306,478 455,363 15,761,841 New Assets Municipal Redevelopment 359,330 359,330 359,330 359,330 $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. Red Sandstone Parking Structure 1,300,000 1,300,000 1,300,000 50,000 1,350,000 $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 WMC / TOV Frontage Road improvements - 455,000 455,000 455,000 455,000 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 WMC plans for expansion; Improvements would span from LH Parking structure to Municipal building; Design funded by Traffic Impact Fee funds Chamonix Housing Development - 17,728,000 17,728,000 17,728,000 17,728,000 Construction of future housing development 1-70 Underpass (VRA) 3,250,000 638,587 3,888,587 3,888,587 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 Public Art (VRA) - 153,325 153,325 153,325 20,000 173,325 Additional paneling for underpass art; 1-70 Underpass art project originally budgeted in 2018 East LH Circle pathway to Dobson (VRA) 100,000 100,000 100,000 100,000 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 Dobson Plaza (VRA) 100,000 100,000 100,000 100,000 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 Buy-down Program(Affordable Housing) 500,000 500,000 500,000 (500,000) $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 Buy-down Program Funded by Pay -in-Lieu - 3,112,482 3,112,482 3,112,482 (3,112,482) - 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) Underground Utility improvements - 280,000 280,000 45,000 325,000 325,000 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 (2,796,889) 46,870,304 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 3,585,000 2,291,912 5,876,912 5,876,912 (4,904,530) (150,000) 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) Transfer to Housing Fund (4,904,530) 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); $167.5K Altair Buy down 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) (30,932,823) Beginning Fund Balance 15,898,312 36,052,672 36,052,672 36,052,672 December 19, 2017 - Page 565 of 578 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 Ending Fund Balance 16,535,267 5,451,691 5,594,166 5,119,849 December 19, 2017 - Page 566 of 578 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 Buy Down Housing Total Expenditures Operating Income Beginning Fund Balance Ending Fund Balance 2017 3rd 2017 2018 Original Supplemental Proposed Original 3,112,482 316,557 667,500 1,124,548 3,112,482 316,557 667,500 1,124,548 500,000 5,221,087 828,587 4,225,000 167,500 5,221,087 500,000 828,587 500,000 4,225,000 167,500 5,221,087 5,221,087 500,000 9 December 19, 2017 - Page 567 10 December 19, 2017 - Page 568 of 578 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 720,000 155,125 875,125 875,125 875,125 $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 40,650 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 23,518 56,582 $7.5K grant from RESPEC for streamtract restoration; '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 82,253 7,032,306 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 10 December 19, 2017 - Page 568 of 578 11 December 19, 2017 - Page 569 of 578 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 14,000 59,450 Use 2016 savings for projects completed in 2017; 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 35,000 4,093,374 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 1,527,773 $7.5K grant from RESEPC; 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) 11 December 19, 2017 - Page 569 of 578 12 December 19, 2017 - Page 570 of 578 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 Open Lands Plan 177,192 177,192 177,192 150,000 327,192 East Vail Moran parcel purchase; Continuation of Comprehensive Open Lands Plan Update 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 85,000 482,310 567,310 567,310 567,310 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 18,085 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 6,974,229 216,253 7,190,482 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 14,327,016 251,253 14,578,269 Revenue Over (Under) Expenditures (1,200,757) (5,913,278) (7,376,963) (7,545,963) 12 December 19, 2017 - Page 570 of 578 13 December 19, 2017 - Page 571 of 578 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 ■ Beginning Fund Balance 5,545,226 11,554,520 11,554,520 11,554,520 Ending Fund Balance $ 4,344,469 $ 5,641,242 $ 4,177,557 $ 4,008,557 13 December 19, 2017 - Page 571 of 578 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 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 (372,416) 10,000 3,628,149 (382,416) 125,000 3,753,149 (507,416) Beginning Fund Balance 1,823,192 2,281,680 2,281,680 Ending Fund Balance $ 1,450,776 Revenue Town of Vail Interagency Charge - Premiums Employee Contributions I nsu re r Proceeds Earnings on Investments Total Revenue Expenditures Health Inusrance Premiums HC Reform Fee Claims Paid Professional Fees Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance $ 1,899,264 $ 1,774,264 HEALTH INSURANCE FUND 2017 Original 3rd 2017 Budget Supplemental Amended Comments $ 3,500,000 650,000 12,000 $ 3,500,000 650,000 12,000 4,162, 000 4,162, 000 735,716 735,716 26,010 26,010 3,340,908 450,000 3,790,908 20,000 20,000 4,122,634 450,000 4,572,634 39,366 (410,634) 3,443,806 3,443,806 $ 3,483,172 $ 3,033,172 14 Esimated increase in 2017 claims; 0.33% increase from 2016 budget December 19, 2017 - Page 572 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 15 December 19, 2017 - Page 573 Revenue Rental Income Other Income Total Revenue TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE TIMBER RIDGE FUND 2017 3rd 2017 Budget Supplemental Ammended Comments 1,402,441 (38,000) 1,364,441 Decreased rental income due to delayed renovations 20,040 20,040 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 Operating Income 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 810,299 45,000 855,299 612,182 529,182 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 16 December 19, 2017 - Page 574 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 $ 351,978 Capital Projects Fund 2,257,641 Housing Fund 5,221,087 Real Estate Transfer Tax Fund 251,253 Dispatch 565,815 Heavy Equipment Fund 125,000 Health Insurance Fund 450,000 Timber Ridge Fund 45,000 Total $ 9,267,774 Less Interfund Transfers (5,042,500) Net Total $ 4,225,274 Ordinance No. 20, Series of 2017 December 19, 2017 - Page 575 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 19, 2017 - Page 576 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of December 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 20, Series of 2017 December 19, 2017 - Page 577 VAILTOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 10:20 p.m. TOWN Of UAJL December 19, 2017 - Page 578