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HomeMy WebLinkAbout2018-02-06 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, February 6, 2018 TOWN Of 4IAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Proclamations 2.1. Proclamation No. 1, Series of 2018, Recognizing Vail Valley Athletes Participating in 2018 Olympics to be held in PyeongChang, South Korea Presenter(s): Dave Chapin, Mayor 5 min. 3. Consent Agenda 3.1. Minutes from December 19, 2017 Council Meeting 5 min. 3.2. Minutes from January 2, 2018 Council Meeting 3.3. Minutes from January 16, 2018 Council Meeting 3.4. Resolution No. 8, Series of 2018, A Resolution of the Vail Town Council Authorizing the Purchase and Accepting a Deed for Lot 1, Bighorn Subdivsion Second Addition 3.5. Vail Roundabout Concrete & Stone Repair Contract Award 4. Town Manager Report 4.1. Town Manager's Report 5. Action Items 5.1. Ordinance No. 2, Series of 2018, First Reading, An Ordinance Amending 15 min. Chapter 9 of Title 1 of the Vail Town Code by Amending Section 1-9-8 and February 6, 2018 - Page 1 of 81 Adding a New Section 1-9-10, Concerning the Sealing and Expungment of Criminal Records. Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 2, Series of 2018, upon first reading. Background: Senate Bill 16-116 provided a simplified process for sealing criminal justice records by providing defendants an option to immediately petition the court for a sealing order and providing for an administrative fee for sealing such records. Pursuant to C.R.S.§ 18-13-122(13), a municipal court may seal criminal records concerning illegal possession or consumption of ethyl alcohol or marijuana by an under -aged person. Ordinance No. 2, Series 2018 provides a procedure to seal or expunge certain criminal records in accordance with such legislation. Staff Recommendation: Approve Ordinance No. 2, Series of 2018, upon first reading. 5.2. Ordinance No. 3, Series of 2018, First Reading, An Ordinance Amending 15 min. Title 7, Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding Driving Under Restraint Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 3, Series of 2018 upon first reading. Background: The Colorado legislature passed House Bill 17-1162, effective August 9, 2017, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation. Ordinance No. 3, Series 2018 would adopt certain provisions of House Bill 17-1162 authorizing municipal enforcement of driving under restraint or suspension. Staff Recommendation: Approve Ordinance No. 3, Series of 2018 upon first reading. 5.3. Ordinance No. 4, Series of 2018, First Reading, An Ordinance Amending 15 min. Title 10 of the Town of Vail Municipal Code by the Addition of a New Chapter 4, Concerning the Cultivation of Marijuana on Residential Property. Presenter(s): Dwight Henninger, Chief of Police and Matt Mire, town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 4, Series of 2018 upon first reading. Background: Under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature. As a result of new legislation, without local regulation, the 6 -plant limitation could be increased to 12 plants. Ordinance No. 4, Series 2018 adopts local regulations to restrict the number of marijuana plants that may be cultivated on residential property to 6, and further adopts regulations to limit the impacts of such cultivation on surrounding areas. Staff Recommendation: Approve Ordinance No. 4, Series of 2018 upon first reading. 5.4. Permission to Proceed - T -Mobile Antennas at Middle Creek Village 10 min. Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to use Town of Vail property for the purpose of installing T -Mobile West communications antennas and appurtenant equipment. Background: Sonnenalp Properties Inc. is proposing to redevelop the Solar February 6, 2018 - Page 2 of 81 Vail property located at 501 N. Frontage Road West with a new employee housing building containing 65 units. Demolition of the existing Solar Vail building containing T -Mobile West equipment will likely happen in spring 2018. Prior to demolition, T -Mobile West needs to replace its equipment in a new location within the vicinity of Solar Vail, and has determined that the Middle Creek Village property meets their requirements for location and height in order to maintain coverage to the east and west on 1-70, as well as portions of the Town and lower potions of the ski lifts. Staff Recommendation: The Community Development Department recommends that the Vail Town Council instructs Town Staff to sign the development application on behalf of the property owner and permit the development to proceed through the development review process for the proposed improvements. 5.5. Permission to Proceed through the Development Process - Solar Vail - 501 10 min. N. Frontage Road West Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of emergency vehicle and trash truck access for the redevelopment of Solar Vail and for installation of landscaping. Background: Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located at 501 N. Frontage Road West with a new employee housing building containing 65 units. As the design of the building continues to evolve, the applicant has determined that a driveway connection from the west, through the Red Sandstone Elementary School site, would improve circulation for emergency vehicles and trash trucks. This design mitigates the need for a large fire truck turn -around, which was not otherwise practical. Staff Recommendation: The Community Development Department recommends that the Vail Town Council instruct Town Staff to sign the development application on behalf of the property owner and permit the development to proceed through the development review process for the proposed driveway and landscaping improvements. 6. Adjournment 6.1. Adjournment at 7:30 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. February 6, 2018 - Page 3 of 81 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 1, Series of 2018, Recognizing Vail Valley Athletes Participating in 2018 Olympics to be held in PyeongChang, South Korea PRESENTER(S): Dave Chapin, Mayor ATTACHMENTS: Description Proclamation No. 1, Series of 2018 Olympic Athletes February 6, 2018 - Page 4 of 81 February 6, 2018 - Page 5 of 81 (1111 TOWN OF VAIL' PROCLAMATION NO. 1, SERIES OF 2018 RECOGNIZING VAIL VALLEY ATHLETES PARTICIPATING IN 2018 OLYMPICS TO BE HELD IN PYEONGCHANG, SOUTH KOREA WHEREAS, the XXIII Winter Olympics will be held over the course of 17 days, from February 9-25, 2018, and the XII Paralympic Winter Games will be held from March 9-18, 2018, in several locations across South Korea, the first time in three decades that the country will host the games, with the opening ceremony on Feb. 9 and closing ceremony on Feb. 25, and most snow sports events taking place in PyeongChang; and WHEREAS, there will be an estimated 3,000 athletes from across the globe, with over 90 countries represented from regions of Africa, Americas, Asia, Europe and Oceania, who will participate in the 2018 Winter Olympics, competing in 102 events in 15 disciplines, with additional new events as part of the Olympic programming, including Men's and Women's Snowboard Big Air, Men's and Women's Speed Skating Mass Start, Curling Mixed Doubles, and the Alpine Skiing Nations Team Event; and WHEREAS, there are two hundred forty-two (242) athletes from the United States participating in the Games, thirty-one (31) athletes from the State of Colorado, and eighteen (18) of those athletes having ties to Eagle County; these local competitors have been selected to represent the United States and five other countries in the upcoming 2018 Olympics, and will compete in a multitude of winter sports, such as Freestyle Skiing, Freestyle Skiing -Half pipe, Moguls, Snowboard Cross, Downhill / Super G / Combined, Slalom / GS / Combined, Hockey, GS Slalom, Giant Slalom, and Ski Cross; and WHEREAS, it is a time to specially recognize not only our local Olympic contingent, but the trainers, mentors and organization of Ski & Snowboard Club Vail; whose mission it has been to instill the values of "character, courage and commitment" in its cultivation of numerous champions; it is a time to commend these athletes for their countless hours of training, acknowledge their successes and disappointments in competition, and honor them for their incredible dedication and extended commitment to their selected winter sport; and February 6, 2018 - Page 5 of 81 February 6, 2018 - Page 6 of 81 WHEREAS, our Vail community extends our most gracious encouragement and full support to our Vail Valley athletes whose names follow: Vail Valley Athletes 2018 Winter Olympics Athlete Country Event _ Aaron Blunck USA Freestyle Skiing 2 Annalisa Drew USA Freestyle Skiing- Halfpipe 3 CaseyAndringa USA Moguls 4 Emerson Smith USA Moguls 5 Faye Gulini USA Snowboard Cross 6 Jake Pates USA Snowboard Halfpipe 7 Lindsey Vonn USA Downhill/Super G/Combined 8 Meghan Tierney USA Snowboard Cross 9 Mikaela Shiffrin USA Slalom/GS/Combined 10 Morgan Schild USA Moguls 11 Tess Johnson USA Moguls 12 Thomas Walsh USA Paralympics Alpine Skiing 13 Mike Testwuide South Korea Hockey 14 Charlie Flaherty Puerto Rico GS -Slalom 15 Rakai Tait New Zealand Snowboard Halfpipe 16 Sarah Schleper Mexico Giant Slalom 17 Chris Del Bosco Canada Ski Cross 18 Toby Dawson South Korea Coach - Moguls NOW, THEREFORE, BE IT PROCLAIMED by the Vail Town Council, that today, Tuesday, February 6, 2018, the Town of Vail recognizes our gifted and talented local athletes and extends our best wishes to all eighteen competitors participating in the 2018 Olympics in South Korea. The Vail Valley is so very proud of you! Dated this 6th day of February 2018. Vail Town Council Attest: so Y s3�p�iNG t�% poRA-T° 0A. -0 Dave Chapin, Mayor Patty McKenny, Town Clerk February 6, 2018 - Page 6 of 81 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from December 19, 2017 Council Meeting ATTACHMENTS: Description December 19 2017 Town Council Meeting Minutes TOWN OF 1 X41 February 6, 2018 - Page 7 of 81 Vail Town Council Meeting Minutes Tuesday, December 19, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Chris Neuswanger, local mortgage broker, shared information about Fannie Mae regulations related to deed restricted housing and the Chamonix financing for home loans. 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 needed to be filled with appointments from Town Council. Bruno moved to appoint Samantha Biszantz, Rayla Kundolf and Kim Newbury Rediker to serve two year terms to the Commission on Special Events. Moffet seconded the motion. Foley thanked all who participated in the interviews and encouraged them to attend CSE meetings on a regular basis. The motion passed (7-0). 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 Structure Replacement; and Setting Forth Details in Regard Thereto 3.2. Intergovernmental Agreements for purchase of Motorola Consolidated 800 MHz replacement radios Moffet moved to approve the consent agenda; Bruno seconded the motion and it passed (7-0). Town Council Meeting Minutes of December 19, 2017 Page 1 February 6, 2018 - Page 8 of 81 4. Town Manager Report 4.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager Clifton noted the recent staff retreat and upcoming council retreat. It was agreed that a morning retreat on January 9 at the Grand View would be scheduled. 5. Presentations / Discussion 5.1. 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. Jen Mason recused herself from the discussion noting her conflict of interest associated with employment with the Vail Valley Foundation. Mike Imhof, VVF, made some staff introductions, Tom Boyd, Sara Franke, Mac Garnsey; as well as the event promoters, Velorama: Tom Gart, Jim Burrell (with Medal Sports), David Kopf, (Colorado Classic owner). He noted the VVF met with promoters to evaluate the ability to host another bicycle race in Colorado, taking what was been learned over time with Vail bike racing, and most recently the Pro Cycling Challenge. The dialogue has been active for the past two years and has come to fruition with this current proposal; Imhof presented the highlights of the event and proposal, as follows: COLORADO CLASSIC V A I L Classic racing returns to mask cycle -loving state in America"'-CN 2018 4 TOTAL STAGES 2 Cff1ES f2 mules in Yat. 2ra+tes in Denver) AUGUST 141 A 17, 2018 - VAI L STAGES THURSDAY RACE FORMAT'_ CIRCUIT/MULTIPLE FRIDAY RACE FORMAT_ TIME TRIAL ANCILLARY EVENTS= LIFESTYLE + BIKE EXPO CI1I7E3J amateur +STRIDES! RIDES MUSIC. FOOD, + DRIIiK Other topics addressed included: ✓ Media Coverage Strategy Come for the racing, stay for the music 20,000+ estimated tons in attendance Thursday - Saturday night Bike event will dovetail with heoclirier music performances at the Gerald R_ Ford Amphitheater on Aug. 17 + 19_ Food, Beer, acid Expo Festival Local business integration, positive economic impact Town Council Meeting Minutes of December 19, 2017 Page 2 February 6, 2018 - Page 9 of 81 ✓ Lodging ✓ Recommended Route — Vail Circuit and Time Trial ✓ VVF acts as local organizing committee ✓ Awards take place Friday afternoon ✓ Expo would likely wrap up after awards ceremony on Friday (est. 4 p.m.) ✓ Sponsor underwriting Vail's races would likely stay; others would likely move to Denver ✓ Music would be provided by VVF; no funding would be requested for this activity; evening and paid concerts at GRFA The request for funding from the Town of Vail is shown below and totaled at $310K plus $65K for in-kind services to bring two stages to Vail, with a 3 -year term commitment and estimated to bring 20,000 attendees the first year: Request for Town of Vail Support Consideration Criteria ✓ Muth -Year (2018-2020}8 Yes! 1 Two Slages in Vail? Yes! 1 Race stages stay in Vail? Yes! 1 Event Dales fill a need period? Yes! ✓ Financial support reduced? Yes! 5155,000 in cash, per stage S32,500 value in kind, per stage *I'n comparison, for the USA Fro Challenge evenf, Town of Val provided support of $ [75,000 in cash and $25,000 in trade for one ▪ Cage. Other comments and questions were addressed: • Finance Director Kathleen Halloran noted that funding was split from VLMD and General Fund for the Pro Cycling Challenge, $100K and $75 respectively. • The goal for team riders is 112 for the men and 60 for the women. • The event is international, national, and statewide, working with state partners and international partners. • Challenges from Pro Cycling Challenge would be avoided by reducing the number of race locations, changing race times. • The event would take advantage of the weekend music and other forms of entertainment being offered at the Gerald R. Ford Amphitheater. Chapin invited public comments at this time and resident Heather McDonald supported the idea noting that bike racing in Vail is a part of its heritage and enjoyed by the entire community. Moffet moved to direct staff to include $200K in the 2018 budget; the funding would be split $110K from General Fund and $100K from the VLMD fund, in response to the request from the VVF for hosting the Colorado Classic bike race in August. Foley seconded the motion. There was support from council members who noted the following comments: • Moffet noted the media spend and room nights would create a great return on investment. • Langmaid noted it as an awesome opportunity for the economy and iconic event for Vail, and noted her support for a beer consortium, a women's event, a citizen's ride as all great components. • Chapin noted that the last bike race was not a great revenue generator for the local business, but bike racing as iconic for the Vail Valley. Town Council Meeting Minutes of December 19, 2017 Page 3 February 6, 2018 - Page 10 of 8 • Bruno noted her support of the proposal also agreeing with the Mayor's points about return for local businesses. She hoped to part of changing the way cycling is viewed in light of its recent history. She thanked VVF and the team for all its efforts in bringing the race to Vail. • Foley supported the proposal and noted his satisfaction that both races would attract spectators. The motion passed (6-0; Mason recused). 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. George Ruther introduced the topic and noted that Steve Lindstrom and Mary McDougal were present representing the Vail Local Housing Authority. The VLHA has reviewed the current criteria and recommends that Vail Town Council authorize Town staff to pursue revisions to the current criteria and lottery by taking action on the following; (the status of each item is in upper case): 1. Clearly define the goals and objectives of the Town's lottery criteria and process. SUPPORTED 2. Allow current residential property owners, including vacant residential land, to participate in the lottery. NO CONSENSUS — WANT MORE INFORMATION 3. Phase out the weighted preference and tiered systems and replace them with a true lottery process, effective June 2018. SUPPORTED A MIDDLE GROUND SUGGESTED BY PUBLIC INPUT, JACKSON AFFORD SOME PREFERENCE FOR LONGEVITY ; BUT NOT FULL PRIORITY 4. Replace the annual lottery process with an individual and separate process for each home when it becomes available for purchase. SUPPORTED 5. Eliminate the minimum household size requirements. SUPPORTED 6. Simplify the application submittal process and minimize to the extent possible the materials required for participation. SUPPORTED 7. Implement a true lottery drawing process which affords all qualified participants an equal chance of being selected. SUPPORTED Town Council Meeting Minutes of December 19, 2017 Page 4 February 6, 2018 - Page 11 of 8 Town Council's feedback did not show support for a current homeowner becoming part of the lottery and a request to create a middle ground for #2, the current residential property owner. Chapin invited public input at this time. ■ Heather McDonald, resident at Vail Commons, shared that she has been trying to spread the word about the lottery and more publicity would be good. ■ lan suggested that it is not a broken system and he wasn't supportive of the tiered system and preferred seniority preferences. ■ Joanna Biele, resident at Vail Commons, expressed concern about the lottery and how the seniority works and preferred that seniority remain a criteria. Public input was closed at this time. It was noted staff would return with revised recommendations based on the discussion and council support was given to the following: 1) eliminating household size requirements, and 2) eliminating the need to conduct a lottery each time a property becomes available. 6. Action Items 6.1. Ordinance No.17, Series of 2017, First Reading, 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 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 recommendation was based on a finding that the proposal furthered the adopted goals, objectives and policies of the Vail comprehensive plan. Spence presented the topic for consideration per the memo in the council packet with a recommendation for the code changes (following page). Langmaid preferred the three month window of the nesting environment, May, June, July, not be available for the tree cutting program. Spence noted that the purview of this ordinance was not related to the environmental request and noted that a more thorough review of the tree removing timing window be reviewed separately. There was council consensus to have staff review this aspect. Mark Novak, Fire Chief, spoke about tree removal, wildfire mitigation, and the confusion with environmental priorities. He does not support banning the tree removal program and informed them there are about 20 tree removal permits issued each year. Town Council Meeting Minutes of December 19, 2017 Page 5 February 6, 2018 - Page 12 of 8 The following amendments are proposed with new language in underline and items to be removed designated by a strikatlapaugh_ Sec. 5-11-7 Perini! for Removal An owner desiring to remove diseased trees shall file an application fora permit with the community development department Fire and Emeruency 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 Gees proposed to be removed. The director may perform a site visit prior to taking any action on Me permit application_ 92.79-3: DESIGN APPROVAL A. Scope: No person shall commence removal of vegetation; site preparation, building construction or demolition_ dumping of material upon a site, sign erectianr exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate kmlts of the town unless design approval has been granted as prescribed ,n this chapter The addition of plant materials to existing landscaping gardening, a -Al -landscape and veaetaban removal approved by the Fire and Ememency Services Department throuoh a Wildfire Ffazard.4ssessment shall be exempt from this provision. Chapin invited public comment and Stephen Connolly inquired about the specifics of the nesting environment suggesting there might be a middle ground on the tree removal timeline. Moffet moved to approve Ordinance No.17, Series of 2017, First Reading, 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. Bruno seconded the motion and it passed (5-2; Mason; Langmaid opposed). 6.2. 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. Moffet moved to approve 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. Bruno seconded the motion and it passed (7-0). There no public input on the topic. 6.3. Ordinance No. 23, Series of 2017, First Reading, 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 Town Council Meeting Minutes of December 19, 2017 Page 6 February 6, 2018 - Page 13 of 8 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. Judge Allen spoke about this matter briefly. Moffet moved to approve Ordinance No. 23, Series of 2017, First, Reading, 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. Bruno seconded the motion and it passed (7-0). There was not public input on this matter. 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 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. Greg Hall presented details below about related estimated costs: The pre -construction amounts are as fol Iom: • Haselden Construction pre -construction services • Stresscon pre -construction services including shop drawing preparation • Schnabel pre -construction services including shop drawing preparation Total pre -construction contract with I aselden Construction PROJECT COSTS AND BUDGETS $ 27,000 $ 150,250 $ 8025D $257,5DD The May 2 preliminary total project budget for the four -level structure including all contingencies $14,657,9DD was: The August 1 schematic design total project parking structure budget including all contingencies is: Additional Structural Capacity in August 2017: Final structural capacity budget adjustrnent on October 17, 2016: Red Sandstone Parking Structure Budget: $ 14,286,912 $ 732,000 $ 50,000 $ 15, 068,912 Town Council Meeting Minutes of December 19, 2017 Page 7 February 6, 2018 - Page 14 of 8 COST CONTRIBUTION FOR DESIGN AND CONSTRUCTION The cost-sharing for the project is as follows: Eagle County School District Vail Resorts Parking Commitment Vail Rein vestment Authority ( RA) Preliminary OveraII Budget $ 1,500,000 $ 4,300,000 $ 9,268,912 $1,063,912 PROJECT SCHEDULE AND II4EXT 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 January 12 ■ 50 % CD pricing January -February ■ Submit for excavation and foundation permit Mid February ■ 100 % CD complete March 8 ■ Submit for complete building permit package March 8 ■ 100 % CD prising Complete End of March ■ Foundation permit issued April 1 ■ Award construction April 3 ■ Begin construction April 4 ■ Complete building permit issued May 1 ■ Construction April-November2018 There was some discussion about how the parking structure could be repurposed in the future if parking demand would decrease; staff was asked to return with more information about other uses and related costs. Public input was invited at this time and VRD Board member Tom Saalfeld noted their interest in uses for the other floors, i.e. pickleball courts! Public comment was closed. Bruno moved to 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 and 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. Langmaid seconded the motion and it passed (6-1; Moffet opposed). 7. Public Hearings 7.1. 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 (lockoffs), 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. Town Council Meeting Minutes of December 19, 2017 Page 8 February 6, 2018 - Page 15 of 8 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. Chapin opened the public hearing for this agenda item and noted that 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. 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 Mauriello presented a slideshow which depicted their responses to the town council requests at the last meeting, (applicant's response, as mentioned in a narrative and revised plan sheets included as Attachment A to this memorandum), is as follows: • 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% • 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. • 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 11 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. Mauriello also addressed the "criteria for review", with slideshow presentation addressing a number of topics, Compatibility — can projects coexist?, Density, Uses, Comprehensive Plan (Vail Village Master Plan), Geologic hazards, Traffic impacts. Chapin invited public input at this time noting the time limit and requesting that comments only directed to town council, and to make sure it is new testimony and not repeat of testimony. • Stephen Connolly, resident, expressed support of the developer's proposal to offer financial contribution to support EHUs, and requested the contribution is based on need; there may be a need for a greater funding contribution. • Chip Schoneberger, Foster, Graham, Milstein & Calisher, LLP, representing the Tyrolean, speaking in place of David Foster who spoke prior about the more traditional land use issues, raised concerns with the notification and due process for the application. He detailed a number of defective process issues with his input. • Chris Romer, VVP, representing over 850 members, with more than 250 businesses from Vail, noted that his board supports this project. • Jay Levine, Mountain View owner, and president of homeowners association, representing the 22 owners of the property, expressed their thanks to staff and council who helped Town Council Meeting Minutes of December 19, 2017 Page 9 February 6, 2018 - Page 16 of 8 educate their association. He expressed their support of the project and the suggestion of adding the Juliet balconies. ■ Laura, former owner of Mountain View unit, expressed that the balconies should remain consistent with Phase I, the Juliet style balconies; she opposed the full balconies. ■ Jeff Andrews , East West Destination Hospitality, who manages the Wren condo assn and serves on the board of WP, expressed support for the project noting that the town is a leader in many things and encouraged them to also remain committed to responsible development at every level. ■ George Gillett, resident, expressed support of the project and the developer involved on the project; he also spoke very highly about the character and credibility of the developer. He saw this development as a response to the housing challenges, and certainly a viable option for hospital employees. ■ Steve Lindstrom, VLHA, expressed support of the project ; noted the project meets the compatible criteria in that the valley floor must serve as location for project to help w/ infill and housing. Public input was closed at this time. There were no further comments by the applicant. Spence noted the project still requires a review by DRB and the balconies would be reviewed by that group, so they may not want to have a final decision about these at this time. He also noted the snow melt expenditure estimate $125K. Town Attorney Mire noted that Council member Coggin contacted him earlier in the week about his employment with Arragoni Woods who was possibly bidding on the project. Coggin noted he does not financially benefit if his employer were successfully in getting the job; he stated he would not be impartial in the review of the application. Moffet moved on second reading to approve 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. Langmaid seconded the motion. Further comments were made by town council addressing the following: ✓ compatibility and whether there is enough public benefit to offset the deviations; the GRFA is a very large jump in density ✓ it is not compatible ; too much bulk, height, density ✓ there is a need for more master planning ✓ appreciated the balconies for the south facing units ✓ does not see the project meeting the criteria, 70 feet too high ✓ the EHU goal should be 50% Foley asked for a point of order to call the question. The motion failed (4-3; Bruno, Coggin, Foley, Mason — opposed; Chapin, Langmaid, Moffet — supported). At this time Mauriello confirmed the applicant would agree to providing EHU funding in the amount of $260K. Moffet moved to approve 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 (lockoffs), 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 with the following additional conditions of approval: Town Council Meeting Minutes of December 19, 2017 Page 10 February 6, 2018 - Page 17 of 8 1. The applicant shall provide the Town of Vail with a cash contribution of $265,000.00 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 snow melted sidewalk from the eastern property line to Vail Road. Moffet noted the following findings and conditions as part of his motion: FINDINGS: ■ The SDD complies with the standards listed in Section VIII of this memorandum, or the applicant has demonstrated that one or more of the standards is not applicable; ■ 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; ■ The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 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. CONDITIONS: 1. Approval of an associated Design Review Board ("DRB") application. 2. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the number and size of the new landscape plantings to meet the recommendations of the Vail Village Master Plan concerning planted buffers. 3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way to the Town's recreational path. 4. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and construct a continuous 10' -wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first building permit for the project. The sidewalk shall be designed in general accordance plan sheet C1.01 dated September 14, 2017, and shall be submitted to the Town and approved by the Town prior to construction. The Applicant shall grant a pedestrian/roadway easement on the Property to the Town as shown on plan sheet C1.01 dated September 14, 2017. In such sidewalk, the Applicant shall install a snowmelt system, including the heat source and all necessary components, in compliance with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation of the sidewalk and snowmelt system on or adjacent to the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt maintenance agreement. The Town will be responsible for the maintenance and operation of the sidewalk and snowmelt system that is west of the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall 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. Town Council Meeting Minutes of December 19, 2017 Page 11 February 6, 2018 - Page 18 of 8 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. Langmaid seconded the motion and it passed (4-3; Chapin, Coggin, Langmaid, Moffet — supported; Bruno, Foley, Mason — opposed. 7.2. 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. Jen Mason recused herself due to a conflict of interest with this agenda item. Matt Panfil and Tom Braun, Braun and Associates, presented the application. There was some about the parking changes in terms of the reduction of the spaces at the property. Chapin opened public comment. No comments were heard. Moffet moved to approve 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 with 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. 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 Town Council Meeting Minutes of December 19, 2017 Page 12 February 6, 2018 - Page 19 of 8 applicant shall provide a deedrestricted 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. Coggin seconded the motion and it passed (6-1; Foley — opposed). 7.3. 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. Moffet moved to approve 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. Langmaid seconded the motion. Chapin opened the public hearing and no comments were made. The motion passed (7-0). 7.4. 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 Smith noted changes from first reading as follows (excerpts from council packet memo): 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. Town Council Meeting Minutes of December 19, 2017 Page 13 February 6, 2018 - Page 20 of 8 ❑ $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 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. Moffet moved to approve 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. Mason seconded the motion and it passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed (7-0) and the meeting adjourned at 10:05 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of December 19, 2017 Page 14 February 6, 2018 - Page 21 of 8 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from January 2, 2018 Council Meeting ATTACHMENTS: Description January 2 2018 Town Council Meeting Minutes TOWN OF 1 X41 February 6, 2018 - Page 22 of 8 Vail Town Council Meeting Minutes Tuesday, January 2, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation There was no citizen participation at this time. 2. DRB / PEC 2.1. DRB / PEC Update Presenter(s): Chris Neubecker, Planning Manager No were no questions about the report on the meetings. 3. Information Updates 3.1. November Sales Tax Memorandum 5 min. 3.2. October 2017 Vail Business Review Memorandum 3.3. 3rd Quarter Investment Report 3.4. December Revenue Update There were no additional comments about the update. 4. Consent Agenda 4.1. Resolution No. 1, Series of 2018, Resolution Designating a Public Place within the Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail Moffet moved to approve Resolution No. 1, Series of 2018; Bruno seconded the motion and it passed. Foley asked if the meeting agendas could be posted at additional locations, possibly the Vail Library. The motion passed (7-0). Town Council Meeting Minutes of January 2, 2018 Page 1 February 6, 2018 - Page 23 of 8 4.2. Resolution No. 2, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Housing and Development Authority Regarding Certain Housing Services to be Provided to the Town of Vail, and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 2, Series of 2018; Bruno seconded the motion. It was noted that the expense would not exceed $9,100 and the 2% expense associated with administrative services provided for the deed restricted units would be a pass-through account and not an out-of-pocket expense. 4.3. Minutes from November 21, 2017 meeting Bruno moved to approve the November 21, 2017 minutes; Foley seconded the motion and it passed (6-1; Moffet abstained). 4.4. Minutes from December 5, 2017 meeting Moffet moved to approve the December 5, 2017 minutes; Foley seconded the motion and it passed (7-0). 5. Town Manager Report 5.1. Town Manager Report There were no comments or questions about the report. 6. Presentations / Discussion 6.1. Vail Local Housing Authority Semi-annual Vail Housing 2027 Report Update Presenter(s): Steve Lindstrom, VLHA Chairman Action Requested of Council: Informational Update Only Background: In accordance with the Vail Housing 2027 Strategic Plan, adopted September 6, 2016, the Vail Local Housing Authority (VLHA) presents the following summary of progress to date. James Wilkins and Molly Morales were present with Chairman Steve Lindstrom of the Vail Local Housing Authority. The presentation was made and it was noted they would update the town council two times per year. Updates excerpts from the council packet memo are below: New Deed -Restricted Units ✓ Chamonix Vail -- 32 for -sale townhomes under construction ✓ Marriott Residence Inn — 96 apartments approved (in pre -development) ✓ Solar Vail — 65 apartments approved (in pre -development) ✓ Mountain View — 15 apartments approved (in pre -development) ✓ 3-5 individual existing homes/condominiums in deed restriction purchase process Other opportunities ✓ Vail Resorts East Vail site re -zoned to Housing ✓ Several Town -owned and privately -owned parcels in preliminary review ✓ West Vail commercial area Master Plan to begin ✓ Out-of-town sites under investigation/discussion ✓ Several individual unit owners in discussion for deed restriction purchases Their summary included comments about the following: 1) the method and the means of the implementation of the strategic plan with descriptions of the use of the VLHA as its acting Town Council Meeting Minutes of January 2, 2018 Page 2 February 6, 2018 - Page 24 of 8 agenda, 2) the deed restriction focus, 3) the funding commitment, and 3) the development of a housing department within the organization. Lindstrom requested further discussion about policies that address housing and would like all stakeholder groups associated with making housing decision to attend. He asked that all town boards and commissions be aligned with the housing strategic plan. He thanked George Ruther for his leadership with the recent development and furthering of the goals of the housing program. The Town Manager noted the housing director job description would be posted within the next few days. Town Council comments on some of the following topics: ✓ Interested in knowing the road blocks for obtaining the deed restrictions ✓ Requested exploration of a marketing effort for the attainable and workforce housing market ✓ Balance housing projects with the "right" locations that prioritize other Vail initiatives, i.e. the environment Stephen Connelly, resident, expressed some additional thoughts about the housing strategies, i.e. STR and deed restriction programs. 7. Action Items 7.1. Resolution No. 3, Series of 2018, A Resolution Setting an Annual Fee for the Licensing of Short -Term Rentals; and Setting Forth Details in Regard Thereto Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve, approve with amendment and deny Resolution No. 3, Series of 2018 Finance Director Halloran presented the resolution suggesting the annual application fee for a Short -Term Rental license and any renewal application for a Short -Term Rental license as $150.00 for each Short -Term Rental Property. She noted there was an equity check with other TOV licensing fees and it was consistent in the range. There was some discussion about the penalty and fees imposed if there was not compliance. Moffet moved to approve Resolution No. 3, Series of 2018, A Resolution Setting an Annual Fee for the Licensing of Short -Term Rentals; and Setting Forth Details in Regard Thereto; Bruno seconded the motion. Public input was invited and Stephen Connelly, resident, expressed the need for education which would hopefully result in great participation combined with the reasonable rate for licensing. He noted that has the program rolls out there could always be change made later. The motion passed (7-0). 8. Public Hearings 8.1. Ordinance No.17, Series of 2017, Second Reading, Ordinance Amending Sections 5-11-7 and 12-11-3 of the Vail Town Code related to vegetation removal for wildfire mitigation purposes Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: Approve, Approve with Conditions or Deny Ordinance No. 17, Series of 2017 on 2nd 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 Town Council Meeting Minutes of January 2, 2018 Page 3 February 6, 2018 - Page 25 of 8 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 Vail Town Council approved Ordinance No. 17, Series of 2017 on December 19, 2017 by a vote of 5-2-0 (Langmaid and Mason opposed). Chapin opened the public hearing. Spence presented the ordinance noting the legislation was presented as a means of streamlining the process for permitting. Mason and Langmaid expressed concerns about impacts of tree removal during certain bird nesting times of the year. It was suggested that there would be public outreach and education to inform those against those timeframes. Other suggestions included: ✓ include the preferred dates on the application form ✓ include the info on other Town of Vail marketing products ✓ use a holistic approach in drafting legislation ✓ increase penalties if the ordinance is violated ✓ request for an annual report about the permitting Chapin noted the public input they received from Diana Donovan, resident. Stephen Connelly, resident, noted the FFD has assisted in this regard and suggested using BFAG and Walking Mountain Science Center for education and outreach about the birds. Moffet moved to Ordinance No.17, Series of 2017, Second Reading, Ordinance Amending Sections 5-11-7 and 12-11-3 of the Vail Town Code related to vegetation removal for wildfire mitigation purposes. Bruno seconded the motion and it passed (7-0). 8.2. Ordinance No. 22, Series of 2017, Second 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 second 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. Chapin introduced the ordinance with some brief discussion. Moffet moved to approve Ordinance No. 22, Series of 2017, Second Reading, Ordinance Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for certain parking violations. Bruno seconded the motion. Chapin opened the public hearing; no comments were made. The motion passed (7-0). 8.3. Ordinance No. 23, Series of 2017, Second Reading, 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. Town Council Meeting Minutes of January 2, 2018 Page 4 February 6, 2018 - Page 26 of 8 Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 23, Series of 2017 upon second 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. Chapin opened the public hearing. Town Attorney Mire noted the law was a result of the ACLU actions which impacted holding defendants in jail for unpaid fines. The legislation permits the Town to use private collections agencies moving forward. Moffet moved to approve Ordinance No. 23, Series of 2017, Second Reading, 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. Bruno seconded the motion. Chapin opened the public hearing; no comments were made. The motion passed (7-0). 9. Matters from Mayor, Council and Committee Reports Several topics were reviewed as follows: ■ Parking Task Force meeting to January 11 ■ The lantern walk was a huge success; thanks to Molly Eppard, AIPP Coordinator, and Doe Browning, whose efforts supporting the event were amazing. ■ Congrats to Battle Mountain High School Track Team for placing at Nationals. ■ Kudos to Vail Skating Club for their great performances for the community. ■ The express bus schedule is confusing. ■ Skiing with the Eagle County Elected Officials take place on Friday. ■ Explore a property tax rebate for locals who live in Vail. ■ The VVMC and Evergreen Lodge closed on their land swap. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at 7:25 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of January 2, 2018 Page 5 February 6, 2018 - Page 27 of 8 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from January 16, 2018 Council Meeting ATTACHMENTS: Description January 16 2018 Town Council Meeting Minutes TOWN OF 1 X41 February 6, 2018 - Page 28 of 8 Vail Town Council Meeting Minutes Tuesday, January 16, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Members Absent: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kim Langmaid Jen Mason Greg Moffet Kevin Foley Greg Clifton, Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation There was no citizen participation at this time. 2. Consent Agenda 2.1. Resolution No. 6, Series of 2018, A Resolution Appointing a Board of Directors to the Chamonix Vail Owners Association; and Setting Forth Details in Regard Thereto. 2.2. Resolution No. 7, Series of 2018, A Resolution Approving a Lease Agreement Between the Town of Vail and the Colorado Snowsports Museum and Hall of Fame; and Setting Forth Details in Regard Thereto. Moffet moved to approve the consent agenda; Bruno seconded the motion and it passed (6-0). 3. Town Manager Report 3.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager Clifton noted the upcoming joint meetings with the Eagle County Commissioners on February 20th and with the Vail Recreation District on March 20th 4. Action Items 4.1. Agreement and Memo of Understanding between Town of Vail, Colorado and Yamanouchi-machi Japan Presenter(s): Patty McKenny, Town Clerk and Souichi Nakamura, Interpacfic Network Corporation Town Council Meeting Minutes of January 16, 2018 Page 1 February 6, 2018 - Page 29 of 8 Action Requested of Council: Consideration of the agreements and formal action. Background: Mayor Yoshitaka Takefushi and Governor Shuichi Abe have invited Town of Vail officials to Yamanouchi-machi and Nagano Prefecture Japan, for an exploration visit this month (January 20-26, 2018). This visit is a follow up to the Japan delegation's visit last August. Vail and Japan officials continue to evaluate an exchange program between the two mountain resort communities. The proposed agreements help to outline exchange programming possibilities related to tourism, environmental sustainability, and other topics of mutual interest. McKenny provided a brief review of the amendments to the proposed agreements between Yamanouchi-machi, Nagano Prefecture Japan and the Town of Vail. McKenny explained the first document change was in the name which referenced the relationship. There was a translation concern with "sisterhood" and the Japanese officials recommended the name be changed to Global Friendship Exchange as it provided clarity to the relationship and programing. The second change included consideration of two documents instead of one. McKenny noted the breakout of the information would provide for an easier format to understand the agreement by separating the focus and objectives of the relationship from the details of the programming. There were no legal changes. Nakamura noted on the trip the delegations for Yamanouchi-machi and Nagano Prefecture Japan would be sharing ideas on tourism and environmental sustainability. Japan will be hosting the 2020 Olympics and the council members attending the trip would be visiting the Japanese Sports Agency which oversees all international sports teams for both professional level and K-12. Council thanked McKenny and Nakamura for all the efforts in ensuring a successful trip. Bruno made a motion to approve the Global Friendship Exchange Agreement Between the Yamanouchi-Machi, Nagano Prefecture, Japan and the Town of Vail, State of Colorado, United Stated of America and the Global Friendship Exchange Memo of Understanding ("MOU") Between the Yamanouchi-Machi, Nagano Prefecture, Japan and the Town of Vail, State of Colorado, United States of America; Mason seconded the motion and it passed (6-0). 4.2. Ordinance 1, Series 2018 amending Section 7-4-4 of the Vail Town Code to prohibit operation of Electronic Personal Assistive Mobility Devices on Bike and Pedestrian Paths and in Vail Village and Lionshead Village Presenter(s): Gregg Barrie, Town of Vail Senior Landscape Architect Action Requested of Council: Continue the discussion on the use of EPAMDs in Vail and provide direction to staff Background: See Staff Memorandum Staff Recommendation: Vail provides visitors and guests with a variety of recreational opportunities. It is important that those opportunities occur in an environment that is safe for all. Staff would suggest that there may be ways to address the Council's concerns in regards to the use of EPAMDs on Vail's recreation trails and in pedestrian areas without a complete ban. The staff recommendation is to set guidelines for EPAMD use that aim to address Council concerns. Staff then recommends revisiting this issue in mid -summer to ensure those guidelines are successful and are being followed. Similar to the electric assisted bicycle discussion, this can be Town Council Meeting Minutes of January 16, 2018 Page 2 February 6, 2018 - Page 30 of 8 revisited annually if needed. If, however, the Council determines that more restrictive regulations are in order at this time, staff has prepared a draft ordinance for approval or approval with modifications as directed. The draft is included as Attachment A. Barrie introduced the subject and noted that Jim Callan, owner of Vail Segway, was present to provide an overview of the operations of his business. In 2011 the Town Council passed Ordinance No. 13 which prohibited the use of EPAMDs in some areas of town such as the Vail Nature Center, the Betty Ford Alpine Garden, on the village streamwalk, in children's playgrounds, turf areas, natural/unimproved areas and on streets and highways that are part of the state highway system. Callan reviewed the steps he took to ensure his business, Vail Segway, would be successful such as reviewing the current restrictions in the Vail Town Code, having certified EPAMD operators, and offering safe equipment to be used by the customers. Callan went onto say Vail Segways was the only authorized guided Segway tour provider in Colorado. Seth Valentine, Vail Segway employee, noted safety was the first priority when EPAMDs are being used and the equipment is only used for group tours not for individual use. Barrie reported there had been no incident/accident reports filed with the Vail Police department. Council thanked Callan and his employees for coming to the meeting and presenting their business model, but there were safety concerns during busy times in the villages and guests being solicited to book a tour. Mayor Chapin asked for public comment at this time. Blondie Vucich, East Vail property owner, requested council to add Gore Valley Drive and the Gore Valley Trail through Katsos Ranch to be added to the list of prohibited areas for EPAMDs to operate. A guest from Texas stated she has asthma and Vail Segway was a great opportunity for her to experience the town without having medical concerns. Langmaid suggested placing a moratorium limiting any additional EPAMDs operating in town until a trial period could be conducted. Town Attorney, Matt Mire, affirmed legislation could be created limiting the number of operators in town. Moffet recommended maintaining the status quo regarding EPAMDs use and to review in 12 months unless there is a reason to address sooner. Council agreed to take no action at this time. 4.3. Resolution No. 5, Series of 2018, A Resolution of the Vail Town Council Approving an Amendment to the Development Agreement for Solar Vail Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, Approve with Modifications or Deny Resolution No. 5, Series of 2018 Background: On October 25, 2017 the Vail Town Council approved Resolution No. 35, Series of 2017, and a resolution approving a development agreement between the Town of Vail, the Vail Local Housing Authority and Sonnenalp Properties, Inc (the Parties"). Due to proposed changes to the method of construction of the new apartment building, the Parties mutually agree to Town Council Meeting Minutes of January 16, 2018 Page 3 February 6, 2018 - Page 31 of 8 amend the development agreement. The amendments adjust the completion dates of various obligations of the Parties but do not change the overall scope of improvements or responsibilities of the Parties. Staff Recommendation: The Community Development Department recommends the Vail Town Council approves Resolution No. 5, Series of 2018, as read. Matt Mire reviewed a change in the development agreement providing a firm date for the escrow. Moffet made a motion to approve Resolution No. 5, Series of 2018, a resolution of the Vail Town Council approving amendment to the development agreement for Solar Vail. Mason seconded the motion passed and it passed (6-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned at 7:23 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Tammy Nagel, Deputy Town Clerk Town Council Meeting Minutes of January 16, 2018 Page 4 February 6, 2018 - Page 32 of 8 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 8, Series of 2018, A Resolution of the Vail Town Council Authorizing the Purchase and Accepting a Deed for Lot 1, Bighorn Subdivsion Second Addition ATTACHMENTS: Description Resolution No. 8, Series of 2018 February 6, 2018 - Page 33 of 8 RESOLUTION NO. 8 SERIES 2018 A RESOLUTION OF THE VAIL TOWN COUNCIL AUTHORIZING THE PURCHASE AND ACCEPTING A DEED FOR LOT 1, BIGHORN SUBDIVISION SECOND ADDITION WHEREAS, the Town wishes to acquire certain property located at the corner of Bighorn Road and Bridge Road in East Vail and legally described as Lot 1, Bighorn Subdivision Second Addition, Town of Vail, County of Eagle, State of Colorado (the "Property"); WHEREAS, the Town Council has determined that there is a compelling public need and purpose to acquire the Property; and WHEREAS, the Town Council has negotiated a purchase price of $150,000 for the Property. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Town hereby authorizes the purchase of the Property for $150,000 and accepts a deed for the Property in substantially the form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This resolution shall be effective immediately. INTRODUCED, READ, APPROVED AND ADOPTED THIS 6th day of February, 2018. ATTEST: Patty McKenny, Town Clerk 1 Resolution No. 8, Series of 2018 Dave Chapin, Mayor February 6, 2018 - Page 34 of 8 Filed for Record at Request of and Copy returned to: Kendra L. Carberry Hoffmann, Parker, Wilson & Carberry, P.C. 511 16th Street, Suite 610 Denver, Colorado 80202 SPECIAL WARRANTY DEED For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned, CHLOE HELD MORAN, TRUSTEE OF THE CHLOE HELD MORAN REVOCABLE TRUST U/A DATED SEPTEMBER 29, 2003 ("Grantor"), whose address is 358 Ferndale Rd. S., Wayzata, MN 55391, hereby grants, sells, and conveys to the TOWN OF VAIL, a Colorado home rule municipality ("Grantee") whose address is 75 South Frontage Road, Vail, Colorado 81657, that certain real property described on Exhibit A attached hereto and incorporated herein by this reference, together with all improvements located thereon (the "Premises"). AND GRANTOR for itself, its successors and assigns, does hereby covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained Premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, SUBJECT ONLY TO those matters of public record and as set forth on Exhibit B attached hereto and incorporated herein by this reference (the "Permitted Exceptions"). 1/24/2018 US.116130373.02 February 6, 2018 - Page 35 of 8 IN WITNESS WHEREOF, the undersigned has executed this Special Warranty Deed as of this day of , 2018. STATE OF COLORADO COUNTY OF By: ) ss. GRANTOR: CHLOE HELD MORAN, TRUSTEE OF THE CHLOE HELD MORAN REVOCABLE TRUST U/A DATED SEPTEMBER 29, 2003 CHLOE HELD MORAN, TRUSTEE The foregoing instrument was acknowledged before me this day of 2018, by Chloe Held Moran, as Trustee of Chloe Held Moran Revocable Trust U/A Dated September 29, 2003, Grantor. Notary Public My commission expires: 1/24/2018 C: I USERSITNAGEL. VAILGOV.0301APPDATAILOCAL IMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIQD7SN1701SPECIAL WARRANTYDEED-A013118.DOCX February 6, 2018 - Page 36 of 8 Exhibit A To Special Warranty Deed (Legal Description) LOT 1, BIGHORN SUBDIVISION, SECOND ADDITION ACCORDING TO THE PLAT RECORDED JULY 22, 1963 UNDER RECEPTION NO. 97704, COUNTY OF EAGLE, STATE OF COLORADO. LESS AND EXCEPT THAT PORTION OF LOT 1 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 80 WEST, FROM WHICH THE NE CORNER OF SECTION 11 BEARS N. 90°43'29" E. A DISTANCE OF 1,040.6 FEET; THENCE S. 46°29'37" E. A DISTANCE OF 211.4 FEET; THENCE N. 55°56'52" W. A DISTANCE OF 259.4 FEE TO THE NORTH LINE OF SECTION 11; THENCE ALONG THE NORTH LINE OF SECTION 11 M. 89°43'29" E. A DISTANCE OF 61.6 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. 1/24/2018 C: I USERSITNAGEL. VAILGOV.0301APPDATAILOCAL IMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIQD7SN1701SPECIAL WARRANTYDEED-A013118.DOCX February 6, 2018 - Page 37 of 8 Exhibit B To Special Warranty Deed (Permitted Exceptions) 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 28, 1900, IN BOOK 48 AT PAGE 477. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 28, 1900, IN BOOK 48 AT PAGE 477. 9. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT(A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 20, 1962, IN BOOK 174 AT PAGE 403 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 19, 1963, IN BOOK 175 AT PAGE 257. 10. A TEN PERCENT NON -PARTICIPATING ROYALTY IN AND TO THE PROCEEDS DERIVED FROM THE SALE OF MINERALS, ETC., PRODUCED AND MINED FROM SAID PREMISES, ALL AS SET FORTH AND RESERVED IN INSTRUMENT RECORDED NOVEMBER 2, 1962 IN BOOK 166 AT PAGE 407. 11. EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF BIGHORN SUBDIVISION, SECOND ADDITION RECORDED JULY 22, 1963 UNDER RECEPTION NO. 97704. 12. TERMS, CONDITIONS AND PROVISIONS OF CLAIM OF EASEMENT RECORDED OCTOBER 21, 1994 AT RECEPTION NO. 549231. 1/24/2018 C: I USERSITNAGEL. VAILGOV.0301APPDATAILOCAL MICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIQD7SN1701SPECIAL WARRANTYDEED-A013118.DOCX February 6, 2018 - Page 38 of 8 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Roundabout Concrete & Stone Repair Contract Award ATTACHMENTS: Description Memo TOWN OF 1 X41 February 6, 2018 - Page 39 of 8 TOWN OF VAIL. Memorandum To: Town Council From: Public Works Department Date: February 6, 2018 Subject: West Vail Roundabout Concrete & Stone Repair Project Award I. SUMMARY The Town of Vail has budgeted $350,000 for the West Vail Roundabout concrete repair. The West Vail Roundabout south concrete has worn to the point where rebar is exposed and creating a potential hazard. Staff has publically bid the repair and replacement of the concrete along with replacement of some existing sidewalk, and some failing stone veneer. The Town has received two bids: Kraemer North America, LLC Columbine Hills Concrete, Inc. II. RECOMMENDATION $254,526.00 $297,455.00 Staff had reviewed both bids and recommends awarding the contract to Kraemer North America, LLC; and to direct the Town Manager to enter into a contract with Kraemer North America, LLC in the amount of $254,526.00 to complete the West Vail Roundabout Concrete & Stone Repair Project. February 6, 2018 - Page 40 of 8 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager's Report ATTACHMENTS: Description Town Manager's Report TOWN OF 1 X41 February 6, 2018 - Page 41 of 8 TOWN OF VAIL ` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - February 6th TOWN COUNCIL MEETING TOPICS • Eagle County Joint Meeting • Short -Term Rentals • Timber Ridge Operating Committee • Town Compensation Study • Joint Meeting with Vail Resorts • Global Friendship • Colorado Communities Symposium Eagle County Joint Meeting Town Manager's Office 970.479.2106 970.479.2157 fax As a quick follow-up to the last report regarding a meeting with Eagle County Board of Commissioners, we will be hosting the County Commissioners at the regular Vail Town Council meeting on February 20th. In meeting with Commissioner Kathy Chandler -Henry on January 30th, the following agenda items were identified. Please be mindful that it remains draft, subject of course to Council input. The same meeting will feature a presentation of the existing study process by the ECO Transit group. We are taking measures to have the presentations overlap so that transit can be discussed in depth with these stakeholders at the table. The proposed meeting format would have the Council, BOCC and ECO meet for lunch at 1 pm and then meet for the remainder of the afternoon to address the following (the agenda is aggressive and should be scaled back): 1. Transit a. Existing regional services and routes b. Express routes along 1-70 corridor c. Revenues and resources d. Parking facilities related to transit service (park and ride) 2. Housing a. Existing programs and projects b. Regional opportunities 3. Environmental Sustainability a. Climate action b. Solid waste diversion & recycling c. Water quality 4. Open Space and Trails 5. Airport a. Guaranteed flight program February 6, 2018 - Page 42 of 8 Short -Term Rentals A mass postcard mailing to all Vail property owners was sent out on January 26th We have implemented new software as of February 1st, which includes an online license application and payment feature. The town is hosting four public outreach sessions, with two of those meetings geared for property managers and the other two for individual owners (either currently renting their units or who may rent in the future). The sessions will be hosted on Feb. 13th for property managers and Feb. 14th for individual owners. Each day the town will host two sessions, one at noon and one at 5:30pm (food will be provided). The sessions will include a 30 -minute presentation by staff, followed by a breakout session for Q&A with experts in various fields such as Code Enforcement, Building Department, Fire Department and the Sales Tax and Licensing team. High Five Access Media will record one of the sessions which will be available on the town's website. Timber Ridge Operating Committee The Timber Ridge Operating Committee met on January 30th to discuss current operations on the site. The agenda was short. Items of note include the current efforts to enter into a new agreement for maintenance and service to the laundry facilities on site. Additionally, some recent improvements to an existing vacant unit have resulted in that unit now becoming available for occupancy (Unit K-04). This is very good news. Town Compensation Study The Town will be issuing an RFP for compensation consulting services in February for an important analysis of our employee compensation programs. This is the next step in the project — initial steps have included a comprehensive review of job descriptions (still pending). For this project, we recommend that a committee be established to coordinate the project and would like to include one or two Council Members. Please let me know if you are interested in serving on a working committee ... doing so may help establish more familiarity by the Council with this important process, which occurs periodically to give us a good benchmark of where we are in terms of our compensation structure. Town Manager's Report Page 2 February 6, 2018 - Page 43 of 8 Joint Meeting with Vail Resorts This joint meeting is set for March 27th. Please keep that date open on your calendars, and we will firm up the venue and time in the near future. The meeting will be facilitated by Dr. Karah Maloley, We will meet with Vail Resorts and Karah Maloley on February 15th to start formulating an agenda. Input into the agenda will be greatly appreciated, and you can send your ideas and suggestions to myself or Patty McKenny. Global Friendship The recent trip to Japan, involving ten delegates from the Town of Vail, was successful on all levels. You can anticipate a summary meeting to discuss the trip and its outcomes, publicly, at a regular Council meeting in March. Many thanks to the attendees and to the many staff members who helped with the logistics and public outreach. Colorado Community Symposium The symposium occurred in Denver from January 31st to February 2nd. The agenda was large and quite varied, but dealt with climate action planning as a whole, with specific topics concerning water, energy, transportation, solid waste and recycling, land use planning, recreation, and related topics.. From the Town of Vail we had Dr. Kim Langmaid attend, as well as Sustainability Manager Kristen Bertuglia.. The conference was packed with hundreds of participants, and key speakers included the Governor, Mayors, and numerous representatives at the local, state, and private sector. Town Manager's Report Page 3 February 6, 2018 - Page 44 of 8 TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 2, Series of 2018, First Reading, An Ordinance Amending Chapter 9 of Title 1 of the Vail Town Code by Amending Section 1-9-8 and Adding a New Section 1-9-10, Concerning the Sealing and Expungment of Criminal Records. PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 2, Series of 2018, upon first reading. BACKGROUND: Senate Bill 16-116 provided a simplified process for sealing criminal justice records by providing defendants an option to immediately petition the court for a sealing order and providing for an administrative fee for sealing such records. Pursuant to C.R.S.§ 18-13-122(13), a municipal court may seal criminal records concerning illegal possession or consumption of ethyl alcohol or marijuana by an under -aged person. Ordinance No. 2, Series 2018 provides a procedure to seal or expunge certain criminal records in accordance with such legislation. STAFF RECOMMENDATION: Approve Ordinance No. 2, Series of 2018, upon first reading. ATTACHMENTS: Description Ordinance No. 2, Series of 2018 February 6, 2018 - Page 45 of 8 ORDINANCE NO. 2 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE VAIL TOWN CODE BY AMENDING SECTION 1-9-8 AND ADDING A NEW SECTION 1-9-10, CONCERNING THE SEALING AND EXPUNGEMENT OF CRIMINAL RECORDS WHEREAS, Senate Bill 16-116 provided a simplified process for sealing criminal justice records by providing defendants an option to immediately petition the court for a sealing order and providing for an administrative fee for sealing such records; WHEREAS, Senate Bill 17-1208 clarified the process for sealing certain criminal records; WHEREAS, pursuant to C.R.S. § 18-13-122(13), a municipal court may seal criminal records concerning illegal possession or consumption of ethyl alcohol or marijuana by an under -aged person; WHEREAS, Senate Bill 17-1204 amended and clarified various provisions of Articles 18, 19 and 24, C.R.S., concerning the expungement of juvenile records in certain circumstances; and WHEREAS, the Town Council wishes to provide a procedure to seal or expunge certain criminal records in accordance with such legislation. 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 amended by the addition of a new Subsection F, to read as follows: 1-9-8: COURT COSTS: F. Record sealing fee: The Municipal Court shall assess costs of sixty-five dollars ($65.00) upon a defendant's request to seal his or her criminal justice record for violations other than convictions. Such costs shall be in addition to any fines or penalties. Section 2. Chapter 9 of Title 1 of the Vail Town Code is hereby amended by the addition of a new Section 1-9-10, to read as follows: 1-9-10: SEALING AND EXPUNGEMENT OF RECORDS: A. Definitions. For purposes of this Section, the following terms shall have the following meanings: Ordinance No. 2, Series of 2018 February 6, 2018 - Page 46 of 8 BASIC IDENTIFICATION INFORMATION: The name, place and date of birth, last -known address, social security number, occupation and address of employment, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person. PERSON IN INTEREST: The person who is the primary subject of a criminal justice record or any representative designated by said person by power of attorney or notarized authorization; except that, if the subject of the record is under legal disability, "person in interest" means and includes his or her parents or duly appointed legal representative. JUVENILE: A person under eighteen (18) years of age. B. Sealing of records other than convictions. 1. A person in interest may petition the Municipal Court for the sealing of all criminal records of a defendant, except basic identification information, in the following circumstances: a. Upon the complete dismissal of a case against the defendant; b. Upon acquittal of the defendant on all counts in a case; c. Upon completion of all terms of a diversion agreement by the defendant; or d. Upon completion of a deferred judgment and sentence where all counts are dismissed. 2. Notwithstanding Subsection (B)(1) hereof, a person in interest may not obtain a sealing order if: a. The defendant owes restitution, fines, court costs, late fees, or other fees in the case that is the subject of the petition to seal criminal records, unless the Municipal Court vacated the order for restitution, fines, court costs, late fees, or other fees; b. An offense is not charged due to a plea agreement in a separate case; c. A dismissal occurs as part of a plea agreement in a separate case in which a judgment of conviction has been entered; or d. The only charges against defendant involved a class 1 or class 2 misdemeanor traffic offense or a class A or class B traffic infraction. Ordinance No. 2, Series of 2018 February 6, 2018 - Page 47 of 8 C. Minors in possession of alcohol or marijuana. 1. Automatic sealing. The Municipal Court shall immediately issue a sealing order in a case in which a defendant under the age of twenty-one (21) is charged with illegal possession or consumption of ethyl alcohol or marijuana in the following circumstances: a. Upon the complete dismissal of a case against the defendant; b. Upon completion of a deferred judgment or diversion or any other action resulting in dismissal of the case against defendant; or c. Upon completion of any court-ordered substance abuse education and payment of any fine for a first time conviction. 2. Sealing upon petition. The defendant may petition the Municipal Court for an order sealing criminal records upon expiration of one (1) year from the date of a second or subsequent conviction for illegal possession or consumption of ethyl alcohol or marijuana. The Municipal Court shall grant the petition if the defendant has not been arrested for, charged with, or convicted of any felony, misdemeanor, or petty offense during the period of one (1) year following the date of the defendant's conviction. D. Expungement of juvenile records. 1. The Municipal Court shall automatically expunge the record of a juvenile charged with a violation of the Town Code, within forty-two (42) days of the occurrence of the following: a. Upon a finding of not guilty at an adjudicatory trial; b. Upon the complete dismissal of a case; or c. Upon completion of a sentence. 2. Notwithstanding the requirements of Subsection (D)(1) hereof, the Municipal Court shall not expunge the record of a juvenile if the juvenile has any felony, misdemeanor, petty offense or delinquency actions pending. In such case, the Municipal Court shall stay the petition for expungement proceedings until resolution of any pending cases. 3. The Municipal Court may not expunge the records of a person charged, adjudicated or convicted of any offense or infraction pursuant to the Vehicle and Traffic Law, Title 42, C.R.S. Ordinance No. 2, Series of 2018 February 6, 2018 - Page 48 of 8 4. The Municipal Court shall notify the prosecuting attorney that all records in a case charging a juvenile with a municipal violation will be expunged forty-two (42) days after completion of the sentence. The prosecuting attorney may object within the forty-two (42) day period and, in such case, the Municipal Court will schedule a hearing on the expungement with notice sent to the juvenile's last known address. The juvenile is not required to appear at the hearing. The Municipal Court shall expunge the juvenile's records upon written findings that the juvenile successfully completed the sentence or that the case is closed. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 2018, 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 20th day of February, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 2, Series of 2018 February 6, 2018 - Page 49 of 8 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 3, Series of 2018, First Reading, An Ordinance Amending Title 7, Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding Driving Under Restraint PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 3, Series of 2018 upon first reading. BACKGROUND: The Colorado legislature passed House Bill 17-1162, effective August 9, 2017, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation. Ordinance No. 3, Series 2018 would adopt certain provisions of House Bill 17-1162 authorizing municipal enforcement of driving under restraint or suspension. STAFF RECOMMENDATION: Approve Ordinance No. 3, Series of 2018 upon first reading. ATTACHMENTS: Description Ordinance No. 3 Series of 2018 February 6, 2018 - Page 50 of 8 ORDINANCE NO. 3 SERIES 2018 AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, ARTICLE B OF THE VAIL TOWN CODE, BY THE ADDITION OF A NEW SECTION 4 REGARDING DRIVING UNDER RESTRAINT WHEREAS, the Colorado legislature passed House Bill 17-1162, effective August 9, 2017, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation; and WHEREAS, the Town wishes to adopt certain provisions of House Bill 17-1162 authorizing municipal enforcement of driving under restraint or suspension. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 7, Chapter 2, Article B of the Vail Town Code is hereby amended by the addition of a new Section 7-2B-4, to read as follows: 7-2B-4: DRIVING UNDER RESTRAINT OR SUSPENSION: It is unlawful for any person to drive a motor vehicle or off-highway vehicle upon any street or highway in the Town with knowledge that such person's license or privilege to drive, either as a resident or nonresident, is under restraint or suspension for any reason, including an outstanding judgment. 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. 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 Ordinance No. 3, Series of 2018 February 6, 2018 - Page 51 of 8 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 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 2018, 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 20th day of February, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 3, Series of 2018 February 6, 2018 - Page 52 of 8 TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 4, Series of 2018, First Reading, An Ordinance Amending Title 10 of the Town of Vail Municipal Code by the Addition of a New Chapter 4, Concerning the Cultivation of Marijuana on Residential Property. PRESENTER(S): Dwight Henninger, Chief of Police and Matt Mire, town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 4, Series of 2018 upon first reading. BACKGROUND: Under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature. As a result of new legislation, without local regulation, the 6 -plant limitation could be increased to 12 plants. Ordinance No. 4, Series 2018 adopts local regulations to restrict the number of marijuana plants that may be cultivated on residential property to 6, and further adopts regulations to limit the impacts of such cultivation on surrounding areas. STAFF RECOMMENDATION: Approve Ordinance No. 4, Series of 2018 upon first reading. ATTACHMENTS: Description Ordinance No. 4, Series of 2018 February 6, 2018 - Page 53 of 8 ORDINANCE NO. 4 SERIES OF 2018 AN ORDINANCE AMENDING TITLE 10 OF THE TOWN OF VAIL MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 4, CONCERNING THE CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY WHEREAS, under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature; WHEREAS, as a result of new legislation, without local regulation, the 6 -plant limitation could be increased to 12 plants; and WHEREAS, the Town Council finds and determines that it is in the best interest of the public health, safety and welfare to adopt local regulations to restrict the number of marijuana plants that may be cultivated on residential property to 6, and to adopt regulations to limit the impacts of such cultivation on surrounding areas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Title 10 of the Vail Town Code is hereby amended by the addition of a new Chapter 4, to read as follows: Chapter 4 CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY 10-4-1: PURPOSE: The purpose of this Chapter is to regulate the cultivation of marijuana on residential property in the Town, regardless of whether the marijuana is for medical or recreational use. 10-4-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: MARIJUANA: All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. RESIDENTIAL PROPERTY: A single-family dwelling, multi -family dwelling, two- family dwelling or other dwelling unit, as those terms are defined in Chapter 12 of Ordinance No. 4, Series of 2018 February 6, 2018 - Page 54 of 8 this Code, including any associated accessory structures and front, rear or side yards. 10-4-3: PLANT LIMIT: Regardless of whether the marijuana is for medical or recreational use, it is unlawful for a person to knowingly cultivate more than six (6) marijuana plants on residential property or to knowingly allow more than six (6) marijuana plants to be cultivated on residential property. 10-4-5: LIMITATION ON IMPACTS: The cultivation of marijuana on residential property shall not be perceptible from outside the residential property, including without limitation: 1. Common visual observation, including any form of signage; 2. Odor; 3. Light pollution or glare; or 4. Undue vehicle or foot traffic, including excess parking. 10-4-4: SAFETY REGULATIONS: A. The cultivation of marijuana on residential property shall meet the requirements of all applicable building and life/safety codes. B. The cultivation of marijuana on residential property shall comply with all applicable water and sewer regulations. C. The use of flammable gas as a solvent in the extraction of tetrahydrocannabinol or any other cannabinoid is prohibited on any residential property. D. The cultivation of marijuana on residential property is and shall be deemed consent by the person cultivating the marijuana, upon reasonable notice, for the Town to inspect the premises to determine compliance with this Chapter. 10-4-5: VIOLATION; PENALTY: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code. 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. 4, Series of 2018 February 6, 2018 - Page 55 of 8 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 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 2018, 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 20th day of February, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 4, Series of 2018 February 6, 2018 - Page 56 of 8 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Permission to Proceed - T -Mobile Antennas at Middle Creek Village PRESENTER(S): Chris Neubecker, Planning Manager ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the Town Council evaluate the proposal to use Town of Vail property for the purpose of installing T -Mobile West communications antennas and appurtenant equipment. BACKGROUND: Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located at 501 N. Frontage Road West with a new employee housing building containing 65 units. Demolition of the existing Solar Vail building containing T -Mobile West equipment will likely happen in spring 2018. Prior to demolition, T -Mobile West needs to replace its equipment in a new location within the vicinity of Solar Vail, and has determined that the Middle Creek Village property meets their requirements for location and height in order to maintain coverage to the east and west on 1-70, as well as portions of the Town and lower potions of the ski lifts. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council instructs Town Staff to sign the development application on behalf of the property owner and permit the development to proceed through the development review process for the proposed improvements. ATTACHMENTS: Description Staff Memo - Permission to Proceed - T -Mobile Antennas Attachment A - Vicinity Map Attachment B - Letter from Annie Mackiewicz TMobile Attachment C - Plans from Wyco Field Services Attachment D - Plans from AMS Architecture Attachment E - Site Photos of TMobile at Middle Creek Village February 6, 2018 - Page 57 of 8 TOWN of vain' Memorandum TO: Vail Town Council FROM: Community Development Department DATE: February 6, 2018 SUBJECT: T -Mobile Telecommunications Antennas - 145 N. Frontage Road West Permission to Proceed — Use of Town Owned Property I. DESCRIPTION OF REQUEST T -Mobile West, LLC (Applicant), a provider of wireless network services, is requesting permission to proceed through the Town's development review process for the placement of communications antennas and appurtenant equipment on the Middle Creek Village property at 145 N. Frontage Road West (Lot 1, Middle Creek Subdivision). The Town of Vail is the owner of the land, and the property is leased to Middle Creek Village, LLC for deed -restricted employee housing. T -Mobile West, LLC currently has communications antennas at the Solar Vail building at 501 N. Frontage Road West, but the Solar Vail property is proposed to be demolished in spring 2018 as part of a redevelopment. In order to ensure wireless communications along 1-70 and in other parts of Vail, T -Mobile needs to replace the equipment in a new location within the vicinity. The Applicant has submitted a Design Review Board application, tentatively scheduled for review on Design Review Board on February 7, 2018. The Vail Town Council is not being asked to approve the plan revisions, but rather to authorize the applicant to move forward with a planning application that utilizes Town owned property for private purposes. II. BACKGROUND Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located at 501 North Frontage Road West with a new employee housing building containing 65 units. If this project moves forward, demolition of the existing buildings containing T - Mobile West equipment will likely happen in spring 2018. Prior to demolition, T -Mobile West needs to replace its equipment in a new location within the vicinity of Solar Vail, and has determined that the Middle Creek Village property meets their requirements for location and height in order to maintain coverage to the east and west on 1-70, as well as portions of the Town and lower potions of the ski lifts. February 6, 2018 - Page 58 of 8 III. ACTION REQUESTED The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purpose of placing T -Mobile West communications antennas and appurtenant equipment. This use of Town property would be subject to the terms of a lease with Middle Creek Village, LLC, and a site lease or license agreement with the Town of Vail in a form acceptable to the Town Attorney. The Community Development Department recommends that the Vail Town Council instructs Town Staff to: • Sign the development application on behalf of the property owner and permit the development to proceed through the development review process for the proposed improvements. IV. ATTACHMENTS A. Vicinity Map B. Letter from Annie Mackiewicz, T -Mobile, dated 01/25/18 C. Plans from Wyco Field Services dated 09/14/17 D. Plans from AMS Architecture dated 01/17/18 E. Site Photos Page 2 February 6, 2018 - Page 59 of 8 Middle Creek Village / T -Mobile West 145 North Frontage Road West/Middle Creek Subdivision e I U I Feet 0 25 50 100 TM1Is 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) February 6, 2018 - Page 60 of 81 Last Modified: January 31, 2018 TOWN OF VAIL: T -Mobile West LLC 18400 E 22"d Ave. Aurora, CO 80011 January 25, 2018 Town of Vail Chris Neubecker, Planning Manager 75 South Frontage Road West Vail, Colorado 81657 RE: Middle Creek Village, LLC Authorizes Annie Mackiewicz to complete zoning and building permit on behalf of Middle Creek Village, LLC on the T -Mobile cell site portion only. T -Mobile Site: DN01722A Site Location: 145 N. Frontage Road Vail, CO. Vail Town Council, T -Mobile is submitting an application and requesting your approval to proceed through the Town of Vail development review process, and to enter into a lease with Middle Creek to build a cell site on your property that is leased to them. T -Mobile currently has an existing site at 501 N. Frontage Road (Solar Vail) and the building is being torn down in April 2018. T -Mobile would like to continue coverage in the Town of Vail while the existing site is demolished. This existing cell site currently covers approximately 4 miles West on I-70 and approximately 5 miles East on I-70 along with the town and some of the bottom of the ski lifts. T -Mobile is proposing to have nine (9) panel antennas on the tallest part of the building painted to match and our ground equipment in an existing abandoned shed on the property. The drawings and photosims have been provided to planning. Over 75% of 911 calls are made from cell phones and with all the ski traffic and businesses in this area T -Mobile would like to continue coverage and requests your approval. Sincerel Annie Mackiewicz 303.601.7241 February 6, 2018 - Page 61 of 8 T • •Mobile•® DN01722A APPROVAL SIGNATURE BLOCK The following parties have reviewed these documents. All documents are subject to review by the local zoning/building departments and may impose changes or modifications. Project Manager (Print) RF Engineer (Print) Site Acquisition (Print) TMO Quality Assurance (Print) Approved ▪ Rejected Project Manager Date ❑ Approved ❑ Rejected RF Engineer Date ▪ Approved ❑ Rejected Site Acquisition Date ❑ Approved ❑ Rejected TMO Quality Assurance Date February 6, 2018 - Page 62 of 81 XX FIELD SERVICES PARENT PARCEL PARCEL NO. 2101-064-09-001 OWNER: TOWN OF VAIL ZONING SUBJECT PROPERTY IS ZONED AS: HDMF (HIGH DENSITY MULTIPLE FAMILY) PARENT PARCEL DETAIL & 20' ACCESS AND UTILITY EASEMENT SCALE 1"=401 FLOOD NOTE FLOODPLAIN INFORMATION SHOWN HEREON BASED UPON THE FEMA FIRM FLOOD INSURANCE RATE MAP NUMBER 08037C0469D, DATED DECEMBER 7, 2007 THE SUBJECT PROPERTY IS LOCATED WITHIN ZONE "X" NOTE: ZONE "X" DENOTES: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN N16'12'30"E 125.62' FLOODPLAIN ZONE AE OF PROPOSED 20' ACCESS & UTILITY EASEMENT #2 3,277 SQ. FT. CENTERLINE OF EXISTING MIDDLE CREEK ACCESS, DRAINAGE, & UTILITY ESMT. REC 840623 SCH. "B" ITEM 19 VICINITY & CONTROL MAP NOT TO SCALE SOUTH 1/16 CORNER SEC. 5 AND SEC. 6 FOUND 3-1/2" ALUMINUM CAP STAMPED "S 1/16 S6 S5" TRACT A OPEN SPACE S89'18'15"E 29.86' S00'00'00"E 11.87' EXISTING RETAINING WALL 4=170'47'51" R=41.50' L=123.71' CB=N11'38'03"E CH=82.73' POINT OF TERMINUS #2 10' ESMT. REC. NO. 538391 SCHEDULE "B" ITEM 12 EXISTING EQUIPMENT BUILDING N00'38'32"E 131.98' OF PROPOSED 20' ACCESS & UTILITY EASEMENT #1 15,204 SQ. FT. EXISTING ROCK WALL '760, BUILDING ENVELOPE REC. NO 840623 SCHEDULE "B" ITEM 19 N0010.12'E 1,315.93' POINT OF BEGINNING #2 S88'42'08"E 152.27' MIDDLE CREEK SUBDIVISION LOT 1 REC. NO 840623 SCHEDULE "B" ITEM 19 LEGEND/ABBREVIATION & SYMBOLS • FOUND SECTION CORNER (AS NOTED) A CALCULATED RANGE POINT • FOUND MONUMENT AS NOTED • FOUND CROSS CUT IN CONCRETE RISER WITH EXHAUST VENT ROOF TOP FEATURE p ROOT TOP VENT/ ROOF TOP PENETRATION • ROOF TOP DRAIN 19, UTILITY POLE ROW RIGHT OF WAY P.O.C. POINT OF COMMENCEMENT P.O.T. POINT OF TERMINUS BLDG BUILDING TPW TOP OF PARAPET WALL AIR CONDITIONING UNIT A/C U w N ow zEE= aw mo wcsl o_ rn w 1 m- 0 z J 1- 0) a w 20' DRAINAGE EASEMENT REC. NO 840623 SCHEDULE "B" ITEM 19 EXISTING EXIS ING UILDING UTILITY EQUIPMEN 7 12091 EXISTING CONC. PAD N 83'27' 09"W 133.89' N06'57'36"E 14.92' POINT OF BEGINNING #1 10' UTILITY EASEMENT REC. NO 840623 SCHEDULE "B" ITEM 19 INTERSTATE HIGHWAY . (NORTH FRONTAGE ROAD NOR.O.W70.) 10' DRAINAGE AND UTILITY ESMT. REC 840623 SCH. "B" ITEM 19 332623 W 1 30' ESMT. TO BE VACATED IN LOT 1 REC. NO. 840070 SCHEDULE "B" ITEM 9 N46.18 23^ 00Sg40„ 04, Tje IV 198.00. 1,206.34' nE POINT OF COMMENCEMENT SE COR. SEC. 6 T.5S. R.80W. FOUND 3-1/2" ALUMINUM CAP STAMPED "ALPINE ENG. S6IS5 S7IS8 LS 24325" N 1 OVERALL PLAN SCALE: 1" = 100' (11X17) 0' 100' 200' T • •Mobile 18400 EAST 22ND AVENUE AURORA, CO 80011 PROJECT INFORMATION: SITE NAME: MIDDLE CREEK VILLAGE SITE ID: D N 01722A SITE ADDRESS: 145 N FRONTAGE ROAD VAIL, CO 81657 EAGLE COUNTY 00. DA II D/C DESCRIPTION 1 D/1,1/17 JS PRELIM. SURVEY PLANS PREPARED BY: 16035 TABLE MOUNTAIN PARKWAY GOLDEN, CO 80403 303.993.3293 W W W.CENTERLINESOLUTIONS.COM LICENSURE NUMBER: ALL SCALES ARE SET FOR 11" X 17" SHEET DRAWN BY: CHK BY: APV BY: JSS I JMR I MTG SHEET TITLE: OVERALL PLAN SHEET NUMBER: LS1 February 6, 2018 - Page 63 of 81 FIELD SERVICES LEASE AREA EXISTING EQUIPMENT ROOM 356 SQ. FT. N 18'35' 27"E 22.54' 10' ESM T. REC. NO. 538391 SCHEDULE "B" ITEM 12 X ASPHALT DRIVE LEASE AREA DETAIL SCALE 1"=40' EXISTING RETAINING WALL N66' 8. S71'24'33"E 15.81' BUILDING ENVELOPE REC. NO 840623 SCHEDULE "B" ITEM 19 1 ELEVATION AT BASE OF BUI[DING 8345.4 (NAVD 88) ELEVATION AT OP OF BUILDING LAT: N39'38'45.685" LONG: W106'22'49.919" LAT: N39.646023 LONG: W106.380533 8345.4 (NAVD 88) EXISTING CONC. COURTYARD 4 c d / / r-----, / o / /` / 4 / �v / / ��J C�Z� Q,V / 2 / Qtt N O O N /2 0 4Q / EXISTING / CONC. PAD I J-> if 10' UTILITY EASEMENT REC. NO 840623 SCHEDULE "B" ITEM 1 INTERST 1REC DRAINAGE AND UTILITY ESMT ATE HIGHWAY SCH. "B" ITEM 19 (NORTH FRONTAGE ROADNR. 70 .O W.) 30' ESMT. TO BE VACATED IN LOT 1 REC. NO. 840070 SCHEDULE "B" ITEM 9 SOUTH 1/16 CORNER SEC. 5 AND SEC. 6 FOUND 3-1/2" ALUMINUM CAP STAMPED "S 1/16 S6 S5" LEGEND/ABBREVIATION & SYMBOLS 0 A • 0 • ROW P.O.C. P.O.T. BLDG TPW A/C FOUND SECTION CORNER (AS NOTED) CALCULATED RANGE POINT FOUND MONUMENT AS NOTED FOUND CROSS CUT IN CONCRETE RISER WITH EXHAUST VENT ROOF TOP FEATURE ROOT TOP VENT/ ROOF TOP PENETRATION ROOF TOP DRAIN UTILITY POLE RIGHT OF WAY POINT OF COMMENCEMENT POINT OF TERMINUS BUILDING TOP OF PARAPET WALL AIR CONDITIONING UNIT POINT OF COMMENCEMENT SE COR. SEC. 6 T.5S. R.80W. FOUND 3-1/2" ALUMINUM CAP STAMPED "ALPINE ENG. S6IS5 S7IS8 LS 24325" N 1 DETAILED PLAN SCALE: 1" = 40' (11X17) 0' February 6, 2018 - Page 64 of 81 40' 80' T • •Mobile 18400 EAST 22ND AVENUE AURORA, CO 80011 PROJECT INFORMATION: SITE NAME: MIDDLE CREEK VILLAGE SITE ID: D N 01722A SITE ADDRESS: 145 N FRONTAGE ROAD VAIL, CO 81657 EAGLE COUNTY N0. DATE D/C DESCRIPTION 1 9/14/17 JS PRELIM. SURVEY PLANS PREPARED BY: 16035 TABLE MOUNTAIN PARKWAY GOLDEN, CO 80403 303.993.3293 W W W.CENTERLINESOLUTIONS.COM LICENSURE NUMBER: ALL SCALES ARE SET FOR 11" X 17" SHEET DRAWN BY: CHK BY: APV BY: JSS I JMR I MTG SHEET TITLE: DETAILED PLAN SHEET NUMBER: LS2 PARENT PARCEL PARCEL NO. 2101-064-09-001 OWNER: TOWN OF VAIL PARENT PARCEL DESCRIPTION LOT 1, MIDDLE CREEK SUBDIVISION, COUNTY OF EAGLE, STATE OF COLORADO SCHEDULE B -II EXCEPTIONS ATTENTION TO SCHEDULE "B" ITEMS COMMITMENT NUMBER 5509-2988542: 8. RIGHT OF WAY FOR DITCHES AND CANALS AND RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THERE FROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. 9. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AS GRANTED TO VAIL WATER AND SANITATION DISTRICT RECORDED JUNE 07, 1967 IN BOOK 205 AT PAGE 31. NOTE: EASEMENT VACATION RECORDED JULY 11, 2003 RECEPTION NO. 840070 VACATES SAID EASEMENT AS IT AFFECTS LOT 1 OF SUBJECT PROPERTY. AS NOTED ON SURVEY 12. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED JUNE 8, 1994 AT RECEPTION NO. 538391. DOES NOT AFFECT (AFFECTS LOT 2 AS SHOWN ON SURVEY). 17. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE STATE OF COLORADO, THE UNITED STATES OF AMERICA, OR THE GENERAL PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN, OVER, UNDER AND/OR ACROSS THE WATERS AND PRESENT AND PAST BED AND BANKS OF THE MIDDLE CREEK. 19. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT OF MIDDLE CREEK SUBDIVISION RECORDED JULY 17, 2003 RECEPTION NO. 840623. AFFECTS THE SUBJECT TRACT 20. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED JULY 18, 2003 AT RECEPTION NO. 840929. AFFECTS THE SUBJECT TRACT 29. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED SEPTEMBER 8, 2003 AT RECEPTION NO. 848188. DOES NOT AFFECT (AFFECTS TRACT A OPEN SPACE LOT). 30. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED DECEMBER 5, 2003 AT RECEPTION NO. 860859. AFFECTS SUBJECT TRACT (BLANKET STYLE DOCUMENT). 31. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED DECEMBER 5, 2003 AT RECEPTION NO. 860865. AFFECTS SUBJECT TRACT (BLANKET STYLE DOCUMENT). 36. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF LEASE AND OPTION RECORDED OCTOBER 7, 2008 AT RECEPTION NO. 200821613. AFFECTS SUBJECT TRACT (BLANKET STYLE DOCUMENT). 40. ANY INCREASE OR DECREASE IN THE AREA OF THE LAND AND ANY ADVERSE CLAIM TO ANY PORTION OF THE LAND WHICH HAS BEEN CREATED BY OR CAUSED BY ACCRETION OR RELICTION, WHETHER NATURAL OR ARTIFICIAL; AND THE EFFECT OF THE GAIN OR LOSS OF AREA BY ACCRETION OR RELICTION UPON THE MARKETABILITY OF THE TITLE OF THE LAND. GENERAL NOTES 1. THIS SURVEY DOES NOT REPRESENT A BOUNDARY SURVEY OF THE PARENT PARCEL. 2. FIELD WORK WAS COMPLETED ON DECEMBER 18TH, 2017. 3. NO SUB SURFACE INVESTIGATION WAS PERFORMED TO LOCATE UNDERGROUND UTILITIES. UTILITIES SHOWN HEREON ARE LIMITED TO AND ARE PER OBSERVED AREA AND EVIDENCE ONLY. 4. BENCHMARK: A PUBLISHED NAVD88 ELEVATION OF 8206.67, NGS BENCHMARK AH7731, BEING A SURVEY DISK SET IN ROCK ROCK OUTCROP JUST SOUTH OF INTERSTATE 70 AND EAST OF EXIT 176, NOT SHOWN 5. BASIS OF BEARING : BEARINGS ARE BASED UPON THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, SAID LINE IS ASSUMED TO BEAR NORTH 00°10'52" EAST, A DISTANCE OF 1,315.93 FEET, MONUMENTED BY A FOUND 3-1/2" ALUMINUM CAP STAMPED "ALPINE ENG. S6IS5 S71S8 LS 24325" AT THE SOUTHEAST CORNER OF SAID SECTION 6 AND MONUMENTED BY A FOUND 3-1/2" ALUMINUM CAP STAMPED "S 1/16 S6 S5" AT THE SOUTH 1/16 CORNER OF SECTION 5 AND SECTION 6, COLORADO STATE PLANE CENTRAL ZONE 0502, NAD 83, US SURVEY FEET, ALL DISTANCE ARE GRID. 20' ACCESS AND UTILITY EASEMENT - A PARCEL OF LAND BEING 20 FEET IN WIDTH LOCATED IN LOT 1 OF MIDDLE CREEK SUBDIVISION RECORDED IN RECEPTION NO. 840623 OF THE EAGLE COUNTY CLERK AND RECORDERS OFFICE, COUNTY OF EAGLE, STATE OF COLORADO, BEING 10 FEET OF BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE; 20' ACCESS AND UTILITY EASEMENT #1 COMMENCING AT A FOUND 3-1/2" ALUMINUM CAP STAMPED "ALPINE ENG. S61S5 S7IS8 LS 24325" AT THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE NORTH 46°18'23" WEST, A DISTANCE OF 1,206.34 FEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70; THENCE NORTH 0657'36" EAST, A DISTANCE OF 14.92 FEET; THENCE NORTH 83°27'09" WEST, A DISTANCE OF 133.89 FEET; THENCE NORTH 73°40'40" EAST, A DISTANCE OF 54.96 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE AN ARC LENGTH OF 123.71 FEET HAVING A CENTRAL ANGLE OF 170°47'51", WITH A RADIUS OF 41.50 FEET, WHICH HAS A CHORD THAT BEARS NORTH 11°38'03" EAST, A DISTANCE OF 82.73 FEET; THENCE SOUTH 82°58'01" EAST, A DISTANCE OF 280.43 FEET, THENCE SOUTH 88°42'08" EAST A DISTANCE OF 152.27 FEET TO THE FACE ON AN EXISTING BUILDING AND THE POINT OF TERMINATION FROM WHICH THE SOUTH 1/16 CORNER OF SECTION 5 AND SECTION 6 MONUMENTED BY A FOUND 3-1/2" ALUMINUM CAP STAMPED "S 1/16 S5IS6" BEARS NORTH 57°16'33" EAST, A DISTANCE OF 728.48 FEET; CONTAINING ±15,204 SQ FT OR ±0.349 ACRES MORE OF LESS 20' ACCESS AND UTILITY EASEMENT #2 COMMENCING AT A FOUND 3-1/2" ALUMINUM CAP STAMPED "ALPINE ENG. S61S5 S7IS8 LS 24325" AT THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE NORTH 33°26'25" WEST, A DISTANCE OF 1,105.04 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°38'32" EAST, A DISTANCE OF 131.98 FEET; THENCE SOUTH 89°18'15" EAST, A DISTANCE OF 29.76 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 11.87 FEET TO THE FACE ON AN EXISTING EQUIPMENT ROOM AND THE POINT OF TERMINATION FROM WHICH THE SOUTH 1/16 CORNER OF SECTION 5 AND SECTION 6 MONUMENTED BY A FOUND 3-1/2" ALUMINUM CAP STAMPED "S 1/16 S5IS6" BEARS NORTH 66°56'03" EAST, A DISTANCE OF 696.14 FEET; CONTAINING ±3,277 SQ FT OR ±0.075 ACRES MORE OF LESS LEASE AREA DESCRIPTION AN EXISTING EQUIPMENT ROOM LOCATED IN LOT 1 OF MIDDLE CREEK SUBDIVISION RECORDED IN RECEPTION NO. 840623 OF THE EAGLE COUNTY CLERK AND RECORDERS OFFICE, COUNTY OF EAGLE, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A FOUND 3-1/2" ALUMINUM CAP STAMPED "ALPINE ENG. S6IS5 S71S8 LS 24325" AT THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE NORTH 31°53'37" WEST, A DISTANCE OF 1,199.55 FEET TO THE POINT OF BEGINNING; THENCE NORTH 71°24'33" WEST, A DISTANCE OF 15.81 FEET; THENCE NORTH 18°35'27" EAST, A DISTANCE OF 22.54 FEET; THENCE SOUTH 71°24'33" EAST, A DISTANCE OF 15.81 FEET; THENCE SOUTH 18°35'27" WEST, A DISTANCE OF 15.81 FEET TO THE POINT OF BEGINNING. CONTAINING ±356 SQ FT OR ±0.007 ACRES MORE OF LESS 1 SURVEY NOTES T • •Mobile 18400 EAST 22ND AVENUE AURORA, CO 80011 PROJECT INFORMATION: SITE NAME: MIDDLE CREEK VILLAGE SITE ID: D N 01722A SITE ADDRESS: 145 N FRONTAGE ROAD VAIL, CO 81657 EAGLE COUNTY N0. DATE D/C DESCRIPTION 1 9/14/17 JS PRELIM. SURVEY PLANS PREPARED BY: IELD SERVICES 16035 TABLE MOUNTAIN PARKWAY GOLDEN, CO 80403 303.993.3293 W W W.CENTERLI N ESOLUTI ONS.COM LICENSURE NUMBER: ALL SCALES ARE SET FOR 11" X 17" SHEET DRAWN BY: CHK BY: APV BY: JSS I JMR I MTG SHEET TITLE: SURVEY NOTES SHEET NUMBER: LS3 February 6, 2018 - Page 65 of 81 XX FIELD SERVICES PARENT PARCEL PARCEL NO. 2101-064-09-001 OWNER: TOWN OF VAIL ZONING SUBJECT PROPERTY IS ZONED AS: HDMF (HIGH DENSITY MULTIPLE FAMILY) PARENT PARCEL DETAIL & 20' ACCESS AND UTILITY EASEMENT SCALE 1"=401 FLOOD NOTE FLOODPLAIN INFORMATION SHOWN HEREON BASED UPON THE FEMA FIRM FLOOD INSURANCE RATE MAP NUMBER 08037C0469D, DATED DECEMBER 7, 2007 THE SUBJECT PROPERTY IS LOCATED WITHIN ZONE "X" NOTE: ZONE "X" DENOTES: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN N16'12'30" 125.62' A 4=170°47'51" R=41.50' L=123.71' CB=N11'38'03"E CH=82.73' FLOODPLAIN ZONE AE VICINITY & CONTROL MAP NOT TO SCALE OF PROPOSED 20' ACCESS & UTILITY EASEMENT #2 3,277 SQ. FT. CENTERLINE OF EXISTING MIDDLE CREEK ACCESS, DRAINAGE, & UTILITY ESMT. REC 840623 SCH. "B" ITEM 19 6 N ,f) S89'18'15"E 29.86' S00°00'00"E 11.87' EXISTING RETAINING WALL SOUTH 1/16 CORNER SEC. 5 AND SEC. 6 FOUND 3-1/2" ALUMINUM CAP STAMPED "S 1/16 S6 S5" TRACT A OPEN SPACE 0 k955 POINT OF TERMINUS #2 EXISTING EQUIPMENT BUILDING NO0'38'32"E 131.98' ' S82'58'01 "E 280.43' OF PROPOSED 20' ACCESS & UTILITY EASEMENT #1 15,204 SQ. FT. EXISTING ROCK WALL POINT OF BEGINNING #2 EXISTING BUILDING \19, 8 8J • IlJILDING ENVELi3Pt- EQ,110 840623 SCHEpULEq$'7ITEM4 S88°42'08"E 152.27' EXISTING BUILDING J, v '• • CONC. / COURTYARD MIDDLE CREEK SUBDIVISION LOT 1 REC. NO 840623 SCHEDULE "B" ITEM 19 20' DRAINAGE EASEMENT REC. NO 840623 SCHEDULE "B" TEM 19 N0010.12'E 1,315.93' LEGEND/ABBREVIATION & SYMBOLS 0 FOUND SECTION CORNER (AS NOTED) A CALCULATED RANGE POINT FOUND MONUMENT AS NOTED FOUND CROSS CUT IN CONCRETE RISER WITH EXHAUST VENT ROOF TOP FEATURE ROOT TOP VENT/ ROOF TOP PENETRATION ROOF TOP DRAIN UTILITY POLE RIGHT OF WAY P.O.C. POINT OF COMMENCEMENT P.O.T. POINT OF TERMINUS BLDG BUILDING TPW TOP OF PARAPET WALL AIR CONDITIONING UNIT 0 • ROW A/C U w N 0 w zFE I= aw w 0 m wCsi o_ aI- m 0 w z J 1- 0) w N73140'40"W 54.96' 3°47'30"4, Q N83127'09"W 133.89' EXISTING EXIS ING ----____BUILDING UTILITY EQUIPMEN mac- L� I 411111 1111 N06°57'36"E 14.92' POINT OF BEGINNING #1 10' UTILITY EASEMENT REC. NO 840623 SCHEDULE "B" ITEM 19 EXISTING CONC. PAD INTERSTATE HIGHWAY . (NORTH FRONTAGE ROAD N0R.O.W70) 10' DRAINAGE AND UTILITY ESMT. REC 840623 SCH. "B" ITEM 19 30' ESMT. TO BE VACATED IN LOT 1 REC. NO. 840070 SCHEDULE "B” ITEM 9 /V332625„14, NPS` J7OS94 0,k,04 • g N46°8• r/4- 01�3„w 1,206.34 TIE POINT OF COMMENCEMENT SE COR. SEC. 6 T.5S. R.80W. FOUND 3-1/2” ALUMINUM CAP STAMPED "ALPINE ENG. S6IS5 S7IS8 LS 24325" N 1 OVERALL PLAN W/ ORTHO SCALE: 1" = 100' (11X17) 0' 100' 200' T • •Mobile 18400 EAST 22ND AVENUE AURORA, CO 80011 PROJECT INFORMATION: SITE NAME: MIDDLE CREEK VILLAGE SITE ID: D N 01722A SITE ADDRESS: 145 N FRONTAGE ROAD VAIL, CO 81657 EAGLE COUNTY 00. DA II D/C DESCRIPTION 1 3/W17 JS PRELIM. SURVEY PLANS PREPARED BY: 16035 TABLE MOUNTAIN PARKWAY GOLDEN, CO 80403 303.993.3293 W W W.CENTERLINESOLUTIONS.COM LICENSURE NUMBER: ALL SCALES ARE SET FOR 11" X 17" SHEET DRAWN BY: CHK BY: APV BY: JSS I JMR I MTG SHEET TITLE: OVERALL PLAN W/ ORTHO SHEET NUMBER: LS4 February 6, 2018 - Page 66 of 81 ql • •Mobile•® Site Name: MIDDLE CREEK VILLAGE Site Number: DN01722A Site Address: 145 N. FRONTAGE RD. VAIL, CO 81657 Coordinates: 39.6460°, -106.3805° NSD RELO DRAWING INDEX T1 TITLE SHEET LS1-4 SURVEY SHEET Z1.1 OVERALL SITE PLAN Z1.2 DETAILED SITE PLAN, EQUIPMENT & ANTENNA LAYOUTS Z2 SOUTHEAST AND SOUTHWEST ELEVATIONS VICINITY MAP SITE INFORMATION SITE LOCATION • Lodge. Vail© orn� Vail Health Hospital 0 O © 8Fronrage B8W 9 and aea!dences vain SITE PHOTO PROPERTY OWNER: JURISDICTION: MIDDLE CREEK VILLAGE, LLC EAGLE COUNTY MKE COUGHILIN 145 N. FRONTAGE ROAD VAIL, CO 81657 APPLICANT: T -MOBILE WEST LLC 18400 EAST 22ND AVENUE AURORA, CO 80011 303.313.6923 SITE ACQUISITION: WYCO FIELD SERVICES 3980 QUEBEC STREET, SUITE 201 DENVER, CO. 80207 ANNIE MACKIEWICZ, SAC MANAGER 303.601.7241 A&E: M -S ARCHITECTURE, LLC. P.O. BOX 2311 LITTLETON, CO. 80161-2311 ALFREDO MARTINEZ-SUAREZ, R.A. 303.246.7039 CONSTRUCTION MANAGEMENT: T -MOBILE WEST LLC 18400 EAST 22ND AVENUE AURORA, CO 80011 MARC DECLERCQ: 480.338.9971 SURVEYOR: DESIGN DRAFTING SURVEYING 1127 AURARIA PKWY, SUITE 203 DENVER, CO. 80204 JASON S. SCYOC PLS: 303.248.7722 ASSESSOR'S PARCEL #: 210106409001 ZONING DESIGNATION: 33-HDMF GOVERNING CODES, AS APPLICABLE: 2015 IBC, 2015 IFC, 2015 IMC, 2015 IECC, 2014 NEC, WITH LOCAL AMENDMENTS A.D.A. COMPLIANCE: NOT REQUIRED PER IBC 1103.2.9. GENERAL CONSTRUCTION NOTES PROJECT DESCRIPTION CONSTRUCTION OF A NEW T -MOBILE EQUIPMENT "NON -INHABITABLE" TELECOMMUNICATIONS SITE CONSISTING OF INSTALLING (9) NEW ANTENNAS, (10) RRU'S, (3) COVP'S & (1) DISH ANTENNA & INSTALLING NEW T -MOBILE EQUIPMENT WITHIN AN EXISTING EQUIPMENT SHELTER (11'-9" x 19'-4" LEASE AREA). DRIVING DIRECTIONS TO SITE FROM 18400 EAST 22ND AVENUE AURORA, CO 80011: DEPART ON EAST 22ND AVENUE TOWARD TOWER RD. NEXT TURN LEFT ONTO TOWER RD, MERGE ONTO 1-70 WEST, TAKE EXIT 176 TOWARDS VAIL, AT THE TRAFFIC CIRCLE CONTINUE STRAIGHT ONTO N FRONTAGE RD., DESTINATION WILL BE ON THE RIGHT. February 6, 2018 - Page 1. THE FACILITY IS AN UNOCCUPIED WIRELESS FACILITY. 2. PLANS ARE NOT TO BE SCALED AND ARE INTENDED TO BE A DIAGRAMMATIC OUTLINE ONLY, UNLESS NOTED OTHERWISE. THE WORK SHALL INCLUDE FURNISHING MATERIALS, EQUIPMENT, APPURTENANCES AND LABOR NECESSARY TO COMPLETE ALL INSTALLATIONS AS INDICATED ON THE DRAWINGS. 3. PRIOR TO THE SUBMISSION OF BIDS, THE CONTRACTORS SHALL VISIT THE JOB SITE AND BE RESPONSIBLE FOR ALL CONTRACT DOCUMENTS, FIELD CONDITIONS AND DIMENSIONS, AND CONFIRMING THAT THE WORK MAY BE ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING WITH CONSTRUCTION. ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE IMPLEMENTATION ENGINEER AND ARCHITECT/ENGINEER PRIOR TO PROCEEDING WITH THE WORK. 4. THE CONTRACTOR SHALL RECEIVE, IN WRITING, AUTHORIZATION TO PROCEED BEFORE STARTING WORK ON ANY ITEM NOT CLEARLY DEFINED OR IDENTIFIED BY THE CONTRACT DOCUMENTS. 5. CONTRACTOR SHALL CONTACT LOCAL DIGGERS HOTLINE 48 HOURS PRIOR TO PROCEEDING WITH ANY EXCAVATION, SITE WORK OR CONSTRUCTION. 6. THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS UNLESS SPECIFICALLY INDICATED OTHERWISE OR WHERE LOCAL CODES OR REGULATIONS TAKE PRECEDENCE. 7. ALL WORK PERFORMED AND MATERIALS INSTALLED SHALL BE IN STRICT ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS AND ORDINANCES. CONTRACTOR SHALL GIVE ALL NOTICES AND COMPLY WITH ALL LAWS, ORDINANCES, RULES, REGULATIONS AND LAWFUL ORDERS OF ANY PUBLIC AUTHORITY REGARDING THE PERFORMANCE OF THE WORK. MECHANICAL AND ELECTRICAL SYSTEMS SHALL BE INSTALLED IN ACCORDANCE WITH ALL APPLICABLE MUNICIPAL AND UTILITY COMPANY SPECIFICATIONS, AND LOCAL AND STATE JURISDICTIONAL CODES, ORDINANCES AND APPLICABLE REGULATIONS. 57of81 T • • Mobile •, 18400 EAST 22ND AVENUE AURORA, CO 80011 PROJECT INFORMATION: SITE NAME: MIDDLE CREEK VILLAGE SITE ID: DN01722A 145 N FRONTAGE ROAD VAIL, CO. 81657 EAGLE COUNTY Rev: Date: Description: By: 1 01/04/18 PRELIM. ZONING AM 2 01/09/18 CLIENT COMMENTS AM 3 1/17/18 CLIENT COMMENTS AM PLANS PREPARED BY: • • Building LITTLETON, W m—s architecture affinity through design P.O.BOX 2311 CO. 80161-2311 W W.ARCHAMS.COM LICENSURE NO: ALL SCALES ARE SET FOR 24"x36" SHEET DRAWN BY: CHK BY: APV BY: AM AM AM Sheet Title: TITLE SHEET Sheet Number: NEW T -MOBILE 11'-9" x19'-4" (227 SQFT) LEASE AREA W/ EQUIPMENT (SEE SHEET Z1.2) 1 IT -MOBILE LEASE AREA PHOTO SCALE: N.T.S. zo SCALE NOTE: OVERALL SITE PLAN AND LAND INFORMATION DERIVED FROM <SURVEYOR> SURVEY DATED: XX.XX.XX 40' 80' 120' =40'-0" PARENT PARCEL OWNER: MIDDLE CREEK VILLAGE, LLC ZONING: 33-HDMF PARCEL NO. 210106409001 EX. EQUIPMENT SHELTER EX. BUILDING EX. TELCO PEDESTAL FIBER HANDHOLE ■ MOUNTED TRANSFORMER APPROX. LOCATION EX. PARENT PROPERTY BOUNDARY TYP. (SEE SURVEY SHEET) 2 OVERALL SITE PLAN SCALE: 1" = 40'-0" February 6, 2018 - Page 68 of 81 T • •Mobile• 18400 EAST 22ND AVENUE AURORA, CO 80011 PROJECT INFORMATION: SITE NAME: MIDDLE CREEK VILLAGE SITE ID: DN01722A 145 N FRONTAGE ROAD VAIL, CO. 81657 EAGLE COUNTY Rev: Date: Description: By: 1 01/04/18 PRELIM. ZONING AM 2 01/09/18 CLIENT COMMENTS AM 3 1/17/18 CLIENT COMMENTS AM PLANS PREPARED BY: m -s . architecture Building affinity through design P.O.BOX 2311 LITTLETON, CO. 80161-2311 W W W.ARCHAMS.COM LICENSURE NO: ALL SCALES ARE SET FOR 24"x36" SHEET DRAWN BY: CHK BY: APV BY: AM I AM AM Sheet Title: OVERALL SITE PLAN Sheet Number: Z 1 . 1 / I( NEW T -MOBILE 11'-9" 19'-4" (227 SQFT.) LEASE AREA AT EX. SHELTER (SEEI DETAIL S �.� I `` -.,1 EX. POWER (SEE SURVEY) EX. TELCO PEDESTAL FIBER HANDHOLE EX. PAD TRANSFORMER _- ------ 10' o % x 2) /— --__ / //T;w ,/ 4 / / //, //// / �\ \ \ �......... iii....._ G MOUNTED -- --�-_� zo' \ APPROX. LOCATION EX. PARENT PROPERTY BOUNDARY TYP.\` (SEE SURVEY SHEET) EX. ADJACENT BUILDING ROOF TOP NEW T -MOBILE CABLE TO BE ROUTED THROUGH EXISTING UNDER GROUND SLEEVE / / \/ EX. ADJACENT ,k BUILDING ROOF TOP fr, lipp, EX. ADJACENT BUILDING ROOF TOP • EX. COVERED PARKING LOT ACCESS --�--� -- ao' so' \,.. \(227 ' \` EX. ADJACENT BUILDING ROOF TOP p ,./ EX. PLAZA ',\ Th i EX. ADJACENT BUILDING ROOF TOP I i ♦ I ' ,� 0 EX ADJACENT BUILDING ROOF TOP I I EX. ADJACENT BUILDING ROOF TOP / , It NEW T -MOBILE 11-9" x 19'-4" SQFT.) LEASE AREA AT EX. 1 EQUIPMENT SHELTER / l / �,` NEW T -MOBILE 10'x12' '---_ ELEVATED STEEL PLATFORM / ` 1 , / / '/ , ,' NEW T -MOBILE AAV / BACKBOARD , / & ' / SN i/ ,/ / / NEW T -MOBILE GPS ANTENNA , � / MOUNTED AT EXTERIOR/ �/ �/ / '`\ / NEW T -MOBILE / . / OUTDOOR CABINET 1� _ , i/ ADDITIONAL T -MOBILE / UNISTRUT TABLE W/ EX. UNISTRUT UTILITY H -FRAME / _ � / TO REMAIN a/ � STACKED MODULES NEW T -MOBILE COVP TO 01/04/18 N UNISTRUT FRAMEMOUNTED / 2' 0 4 8' 12' ,N AM SCALE: 1/4"=1'-0" 2 EQUIPMENT LAYOUT GROUND LEVEL CLIENT COMMENTS SCALE: 3/4" = 1'-0" 3 / EX. POWER (SEE d NEW T -MOBILE CABLE TO BE SURVEY) ° ROUTED THROUGH EXISTING / UNDER GROUND SLEEVE 1 a EX. CABLE CHASE TO BE RE -USED BY T -MOBILE g EX. EXIT STAIR WELL ''''''' / �''' � BE (1) \ �/ RE -USED BY T -MOBILE \::::: (GAMMA SECTOR ONLY) \I ,,,,14' STAND-OFF MOUNT i' \ / EX. T -MOBILE MW DISH , �� / ANTENNA TO REMAIN (1) NEW T -MOBILE , �� aQ / (1) NEW T -MOBILE FHFB kir RRU'S (PER SECTOR) �'/�� ,1 (1) NEW T -MOBILE FRBG �j a� / (1) NEW T -MOBILE RRU'S(PERSECTOR) vii �//!/i•. �� HYBRID p / FXFB MODULE �\ Hr ll' A(1) NEW T -MOBILE --..,,,,..,,z,..... // 2'-0" 0 MW DISH // (3) NEW T -MOBILE MW a c PANEL ANTENNAS (1) NEW T -MOBILE FRIJ (TYP. OF EA. SECTOR) / N RRU'S (PER SECTOR) (1) NEW T -MOBILE COVP a' O B' 16' 24' Xi :ai a s ,,... i i e 0%G Y:�:�: nQd.Q>d.Qd.Q>d.Q>dS SCALE 1"=20'-0• I SCALE: 1/8"=1'-0" 1 DETAILED SITE PLAN 3 ANTENNA LAYOUT A 78'-0" SCALE: 3/16" =1.-0" February 6 2018 - Paae 69 of 81 SCALE: 3/8" = 1'-0" T • •Mobile •® 18400 EAST 22ND AVENUE AURORA, CO 80011 PROJECT INFORMATION: SITE NAME: MIDDLE CREEK VILLAGE SITE ID: DN01722A 145 N FRONTAGE ROAD VAIL, CO. 81657 EAGLE COUNTY Rev: Date: Description: By: 1 01/04/18 PRELIM. ZONING AM 2 01/09/18 CLIENT COMMENTS AM 3 1/17/18 CLIENT COMMENTS AM PLANS PREPARED BY: . lm -s architecture Building affinity through design P.O.BOX 2311 LITTLETON, CO. 80161-2311 W W W.ARCHAMS.COM LICENSURE NO: ALL SCALES ARE SET FOR 24x36" SHEET DRAWN BY: CHK BY: APV BY: AM AM AM Sheet Title: DETAILED SITE PLAN, EQUIPMENT & ANTENNA LAYOUTS Sheet Number: 044 T.O.E.ROOF ELEV. 93.4' T.O.N.ANTENNAS ELEV. 78.0" EX. BUILDING ROOFTOP EX. BUILDING ROOFTOP ALL ANTENNAS, ANTENNA HARDWARE, MOUNTS AND CABLING TO BE PAINTED TO MATCH ADJACENT BUILDING FINISH. EX. BUILDING ROOFTOP (3) NEW T -MOBILE MW PANEL ANTENNAS (TYP. OF EA. SECTOR) 000 000 GEG ❑ ESSE ❑ 0� 0 GGE 11 I 11 1111 HEE ❑ ❑ 2222 000 on 000 SHE ❑ D i SGEG OD1v ❑ ❑ 000 GGEG 4' 0 8' 16' 24' SCALE: 1/8"=1'-0" T.O.E.ROOF ELEV. 93.4' adA T.O.N.ANTENNAS ELEV. 78.0" (1) NEW T -MOBILE STAND-OFF MOUNT (GAMMA SECTOR ONLY) (1) NEW T -MOBILE 2'-0" 0 MW DISH EX. GRADE ELEV. 0.0' EX. BUILDING ROOFTOP ALL ANTENNAS, ANTENNA HARDWARE, MOUNTS AND CABLING TO BE PAINTED TO MATCH ADJACENT BUILDING FINISH. EX. BUILDING ROOFTOP (3) NEW T MOBILE MW PANEL ANTENNAS (TYP. OF EA. SECTOR) 000 ggg EEE EX. T -MOBILE MW DISH ANTENNA TO REMAIN EX BUILDING ROOFTOP 0 00 0G DH0 ❑ 0G v 2222 0000 gggg 0000 gEgg ❑ ❑ EEE Ol 4 0G ❑ ❑ '4 0000 gEgg 00[ 222 000 GEE EX. TELCO PEDESTAL FIBER HANDHOLE EX. PAD MOUNTED TRANSFORMER 1 SOUTHEAST ELEVATION 2 I SOUTHWEST ELEVATION SCALE: 1/8" = 1'-0" February 6, 2 . LEPa'tie1-F0 of 81 T • •Mobile• 18400 EAST 22ND AVENUE AURORA, CO 80011 PROJECT INFORMATION: SITE NAME: MIDDLE CREEK VILLAGE SITE ID: DN01722A 145 N FRONTAGE ROAD VAIL, CO. 81657 EAGLE COUNTY Rev: Date: Description: By: 1 01/04/18 PRELIM. ZONING AM 2 01/09/18 CLIENT COMMENTS AM 3 1/17/18 CLIENT COMMENTS AM PLANS PREPARED BY: m -s . architecture Building affinity through design P.O.BOX 2311 LITTLETON, CO. 80161-2311 W W W.ARCHAMS.COM LICENSURE NO: ALL SCALES ARE SET FOR 24"x36" SHEET DRAWN BY: CHK BY: APV BY: AM AM AM Sheet Title: SOUTHEAST AND SOUTHWEST ELEVATIONS Sheet Number: Z2 111111.'14 111171Milmi-j 111114r • 411, 6 • w# - • VP 1 1 MP J. Id 4 TM 7 r ahietb. ▪ f — *f br# t . • Fe 1 : 1 % . .• I. . • r % zir f.., .a• y • +_ .i, P$ 41141Vi▪ e Fr Im i IL Ili • - rI 4 4 Fp 4 . I ' 01 F ▪ 4 # • 1 1 1• r .AIL �. • 1 e • ■4. • woo P AMP • 1 `1". '& A l Il. i ge 71 of 1 1 3 ) TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Permission to Proceed through the Development Process - Solar Vail - 501 N. Frontage Road West PRESENTER(S): Chris Neubecker, Planning Manager ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of emergency vehicle and trash truck access for the redevelopment of Solar Vail and for installation of landscaping. BACKGROUND: Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located at 501 N. Frontage Road West with a new employee housing building containing 65 units. As the design of the building continues to evolve, the applicant has determined that a driveway connection from the west, through the Red Sandstone Elementary School site, would improve circulation for emergency vehicles and trash trucks. This design mitigates the need for a large fire truck turn -around, which was not otherwise practical. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council instruct Town Staff to sign the development application on behalf of the property owner and permit the development to proceed through the development review process for the proposed driveway and landscaping improvements. ATTACHMENTS: Description Staff Memo - Solar Vail Permision to Proceed Attachment A - Vicinity Map - Solar Vail Attachment B - Site Plan - Solar Vail Attachment C - Solar Vail Photos February 6, 2018 - Page 73 of 8 TOWN OF VAIL 'It, Memorandum TO: Vail Town Council FROM: Community Development Department DATE: February 6, 2018 SUBJECT: Solar Vail Employee Housing, 501 North Frontage Road West Permission to Proceed — Use of Town Owned Property I. DESCRIPTION OF REQUEST Sonnenalp Properties Inc. (Applicant), owner of Solar Vail located at 501 N. Frontage Road West, is currently in the design review process for their planned employee housing development. As part of this process, Sonnenalp Properties Inc. has determined that plan revisions are needed and is requesting permission to proceed through the Town's development review process for revisions to the driveway access and landscaping located partially on Town of Vail property to the west, currently used by the Red Sandstone Elementary School (RSES) (Vail Potato Patch, Block 2, Lot 8). In addition, landscaping is proposed to the east of the Solar Vail site located on Tract A, Middle Creek Subdivision. The Applicant must obtain approval from the Vail Town Council as the property owner of the RSES site to the west and Tract A to the east before proceeding through the Town's development review process for any improvements on Town owned property. The Eagle County School District as the lease holder of the school site has indicated their support for the proposed driveway alignment and access through their site for fire trucks and trash trucks. Access through the RSES site will not be open to the general public; the final design for access control has not been determined, but some type of gate will likely be used. The Solar Vail development is currently in the process of design review; however the Design Review Board (DRB) can not make a final decision on the application until changes to the development plan are approved by the Planning and Environmental Commission. An amendment to the development plan is scheduled for review by the PEC at a public hearing on February 26, 2018. The Vail Town Council is not being asked to approve the plan design, but rather to authorize the applicant to move forward with a planning and design review application that utilizes Town owned property for private purposes. February 6, 2018 - Page 74 of 8 II. BACKGROUND Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located at 501 N. Frontage Road West with a new employee housing building containing 65 units. On November 7, 2017 the applicant obtained permission from the Town Council to proceed through the development review process for use of Town property for the main driveway access across Tract A, Middle Creek Subdivision to the east of the Solar Vail site. Tract A is a parcel of land owned by the Town, zoned Natural Area Preservation. Tract A is not Designated Open Space. On November 13, 2017 the Planning and Environmental Commission (PEC) approved a development plan for the property. As the design of the building continues to evolve, the applicant has determined that a driveway connection from the west, through the Red Sandstone Elementary School site, would improve circulation for emergency vehicles and trash pickup. This design also mitigates the need for a large fire truck turn -around, which was not otherwise practical. The intention is to limit access to only emergency vehicles and trash trucks; however a method to control access has not been finalized. It is anticipated that some type of access control gate will be installed. The access road is designed at only 12' wide (one- way), and could accommodate trucks from either the east or the west, but the intention is to access the site only from the west, through the lower part of the school site, eliminating the need for trucks to pass by the entrance to the school. The Red Sandstone Elementary School (RSES) site is zoned General Use. The proposed driveway access has been reviewed by the Town of Vail Engineering and Fire departments, which have provided preliminary approval of the design. During the design review process, the Vail Design Review Board (DRB) requested additional landscaping to the east and west of the proposed Solar Vail building. Due to the small size of the lot, the design of the building, and the Town's Fire Resistant Landscaping guidelines, locating adequate landscaping on the Solar Vail property is challenging. The applicant proposes to place the additional landscaping on the adjacent Town owned properties to the east and west. The proposal on the Red Sandstone site includes approximately 525 square feet of driveway connecting to the existing driveway, plus additional landscaping to the west of the Solar Vail building. The proposal on Tract A (to the east) includes additional trees and shrubs to help screen and soften the impact of the proposed building. III. ACTION REQUESTED The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of emergency vehicle and trash truck access for the redevelopment of Solar Vail and for installation of landscaping. This use of Town property would be subject to the terms of an access easement in a form acceptable to the Town Attorney. The Community Development Department recommends that the Vail Town Council instructs Town Staff to: 2 February 6, 2018 - Page 75 of 8 • Sign the development application on behalf of the property owner and permit the development to proceed through the development review process for the proposed improvements. IV. ATTACHMENTS A. Vicinity Map B. Site Plan from GPSL Architects dated 01-20-2018 C. Site Photos 3 February 6, 2018 - Page 76 of 8 Solar Vail Employee Housing 501 N Frontage Road W Block 2, Lot 8, Vail Potato Patch Filing 1 e I LJ I Feet 0 25 50 100 This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) February 6, 2018 - Page 77 of 81 Last Modified: November 1, 2017 TOWN OF VAIL ISSuED FEW DIP.13 REVIEW f2-26.-2011 `. , !-..... 1 --_____ — L 1 �: 1 ` �� i r -- >> _1 1 — –20' U77LITY EEASEMENT PROPERTY LINE tarn _-Nn*Ft ''''.. .---:,....1,.........7.-----17 — \ - - ti-- 1 TUR8- J". 1`7 5ffa ., 1 fir4 - 7:41:K_F= 7 7 -,7„, w 77: _ _ Th •\‘ \>\ \k; " - —. 4 4 P-F2`r' UNE A Ar5 FOR SITE O--1� R,aINArSE iiziP� _. —4 -RE-MSED AREAS . - �. f �- - - a PLANT MATERIAL S-'CHEP JLE QTY BOTANICAL NAME COMMON NAME SIZE +rte Picea pungens Pinus ponderosa Populus tremulo!des SHRUBS Cornus stolinifera Fotentilla fruticosa 'Jackmannir Prunus virginlana melancarpa Ribes aureum 12 Rosa woodsi - Spiraea japonica 'Fraebelll' Spirea nipponlca 'Snawmound' Colorado Spruce Ponderosa Plne Aspen Red Twig Dogwood Jackmans Patentllla Native Chokecherry Yellow Flowering bloods Rose Fro®bel 5pirea Snowmound 5pirea p c !meri yc i y High 10' Nigh 2.5" Caliper 50% min, clump form #5 Containers #5 Containers #5 Containers Currant #5 Gontalners #5 Containers #5 Containers #5 Containers NATIVE 6RA55E5 - ALL DISTURBED AREAS PATH LIGHTS PE AI GHI TEG TUBE 3' AIDE GRAVEL PATH — REGAINING J.AALLS , RE CIVIL . 7-- -- - r 1 rFr EXISTING SPRUCE TO REMAIN EXISTING SPRUCE TO 6E REMOVED EXISTING ASPEN TO REMAIN EXISTING ASPEN 70 BE REMO MULCH 1 - 2" GOBBLE RIVER ROCK �--y AT WEST AND EAST 51DES OF THE BLDG., 3- WIDE SUBMIT SAMPLE TO OiA1NERS REP FOR APPROVAL LANDSCAPE BOULDERS 20 UNITY EASEMENT ~W \. IIREMOYE / XISTINt& SPRUCE AND \ ASPEN TES 1, FIRE LANE \ Jw CONTROL" E7ATE I2 PROM SCHOOL\ DRIVE, RE 51 TE PLAN •r r. a 6 -- ----` -- '` EXISTING SPRLGE TREE TO REMAIN. t� �, ` -.+.- ..m.. 1 w l --. .—r �, I' IuT ruT �— uT l LIT ap dab LIT — uT — uT ---- u_ uT 1 w —w _ uT �r r iip NORTH PROM TAGfR J CAIS °As G7S � uT L� ! NoR-?\H___FIR.ONTAIS• ------LoiicIscope cod Irrigotion Notes ALL EXISTING TREES ANT ' PLANTINGS TO REMAIN.__ — 1, Contractor shall verify all conditions prior to commencing AlOrk ono( shall be responsible for becoming arvare of all underground utilities, pipe5, stri.aavres, and irrigation nros. the contractor shall be held responsible for contacting al1 6ompanles for field location of oil underground utility lines prior to any excavation. Landscape contractor shall toke3 sole responsibility Par any cast incurred due to damoge oP said utilities 2. me Contractor shall warrant that ail plant materials suppIteci under this contract will be heafthy and in flourishing condition of active growth one yegr from the date of Final acceptance. Replace without cost to owner any plont not meeting this condition. 3. Tree and Shrub Mulch beds to receive 2 to 3" of shredded cedar bark mulch. Perennial anc:I Groundcover areas to receive2" of Soil -Pep' mulch. Mulch beds adjacent to buildings to be 5' 4. Deciduous trees to be staked and guyed with three (2 where space 15 limited) 6' green metal T -posts per tree and guyed with * 12 gouge wire with green nylon tree straps. Conifer trees to be stak.ed with three 3' metal T -posts rsitth above wire and strc:Ips. 5. Planting backfilI Par alf trees and shall to consist of 430% native topsoil and 20% weir rotted, screened compost. 6, iRR/GATION SYSTEM: Ali landscaping will be watered with a c:Rutomatic, irrigation sy5tem. No C.O. will be Issued by the Town until all landscape improvements are installed. Trees and shrubs to be drip Irrigated_ Native grasses to be temporarily Irrigated until establishment_ 7. This plan is for Landscape information only. Site Pion, and Grading Plans by others. Mountain Mix' ALL DISTURBED AREAS Common Nome Variety 20% Mountain Or.ornegross Orchardgross Canada Biusgras5 Sheep Fescue Tall Fescue ;linter 141heat Timothy Srarnar Paiute Reubens Mektenberger Fawn Climax Planting Rate 60 pounds of pure live seed per OGre. Substitutions must be approved by c2Arrer. NORTH ON A 24 X 36" SHEET DENNIS ANDERSON P Or INT Brier, COrPOP SP= Pr.* 4100530-1745 1.4 4( NORTH FRONTAGE ROAD WEST 0 ni 1_5k 00 0 PRO REVIEPI REVIENI I-20-.2016 SHEET TITLE LANDSCAPE PLAN SHEET L 1 F 1 February 6, 2018 - Page 78 of 81 February 6, 2018 - Page 79 of 8 y�7 4t'�va February 6,. 2018 - Page 80 of 81. VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 7:30 p.m. TOWN Of UAIL February 6, 2018 - Page 81 of 8