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2018-07-17 Agenda and Supporting Documentation Town Council Evening Meeting
VAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, July 17, 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. Consent Agenda 2.1. Exit 180 Landscape Improvements Contract Award 2.2. Resolution No. 29 Series of 2018 Ford Park ERWSD Easement 2.3. Resolution 30, Series of 2018, A Resolution Adopting the 2018 Town of Vail Housing Policy Statements, and setting forth details in regard thereto 2.4. Resolution 31, Series 2018 CDOT I GA Amendment - Vail Water Quality 2.5. NWCCOG Member Letter to Colorado Delegation about USFS Funding 2.6. Minutes from June 5, 2018 meeting 3. Town Manager Report 3.1. Town Manager Report 5 min. Presenter(s): Greg Clifton, Town Manager 4. Presentations / Discussion 4.1. Draft 2018 Open Lands Plan Presenter(s): Chris Neubecker, Interim Community Development Director Action Requested of Council: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update, specifically Chapter 3, Town Owned Lands and Use of Lands. As part of this meeting, Staff will also follow up with Town Council on the issues that were mentioned 90 min. July 17, 2018 - Page 1 of 204 at the July 3, 2018 meeting on Chapter 2, Environmentally Sensitive Lands. Staff Recommendation: The Community Development Department recommends that the Town Council provide feedback on any elements of the Town Owned Lands and Use of Lands (Chapter 5) section of the draft 2018 Open Lands Plan Update that may need to be modified. 5. Action Items 5.1. Permission to Proceed through the Development Process - Market at Vail 10 min. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purpose of a ground mounted building identification sign. This utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued if required to do so. Background: Rabbi Dovid Mintz of the Chabad Jewish Center and Mark Haynes with Market Management, tenants in the Treetops Building located at 450 East Lionshead Circle, request permission to proceed through the Design Review process for a ground mounted building identification sign to be located on Town of Vail property (E. Lionshead Circle ROW). The applicants request permission to proceed through the Design Review Board process and, if approved, enter into a license agreement with the Town of Vail for the improvement. 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 project to proceed through the development review process for the proposed improvement. 5.2. Review Council Action Plan 2018-2020 30 min. Presenter(s): Greg Clifton, Town Manager Action Requested of Council: Confirm latest revisions reflect the Council Action Plan is ready for approval via Resolution at the next meeting. Background: The Town Council has been working on its action plan since the first of the year. The final presentation will be made by the Town Manager with highlights about some of the revisions to the plan including the new model of the priorities with an addition of the sustainability component and the continued emphasis on housing. The Plan is the product of a collaborative process that has spanned two Council retreats and two Council regular meetings. 6. Public Hearings 6.1. Solar Vail Appeal (TC18-0002) 30 min. Presenter(s): Chris Neubecker, Interim Director of Community Development Action Requested of Council: The Town Council is asked to review the application for the Solar Vail design review application, and determine if the requirements of the Vail Town Code, specifically Title 12, Zoning Regulations and Title 14, Chapter 10, Design Review Standards and Guidelines, were properly applied in the decision to deny a request to amend the design of the proposed Solar Vail Employee Housing development, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1. July 17, 2018 - Page 2 of 204 Background: On June 20, 2018 the Vail Design Review Board voted 2-2 on a motion for approval. As a result of the failure to obtain a majority vote, the motion was denied. Design Review Board members voting against the motion cited a lack of compatibility on the building design, Section 14-10-2, General Compatibility. 7. Adjournment 7.1. Adjournment est. 9:00 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. July 17, 2018 - Page 3 of 204 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Exit 180 Landscape Improvements Contract Award ATTACHMENTS: Description memo TOWN Of UAIL July 17, 2018 - Page 4 of 204 TOWN OF VAIL. Memorandum To: Town Council From: Public Works Department Date: July 17, 2018 Subject: Exit 180 Landscape Improvements Contract Award I. SUMMARY The Town of Vail has budgeted $1,4000,000 for the Exit 180 Landscape Improvements Project. The improvements will improve the landscaping and aesthetics of the interchange. Staff has publically bid the project and received three bids, Rocky Mountain Custom Landscapes, Icon Inc and Designscapes Colorado with Rocky Mountain Custom Landscapes the apparent low responsible bidder. II. RECOMMENDATION Staff had reviewed all three bids and recommends awarding the contract to Rocky Mountain Custom Landscapes; and to direct the Town Manager to enter into a contract with Rock Mountain Custom Landscapes in the amount not to exceed $975,000.00 to complete the Exit 180 Landscape Improvements Project. July 17, 2018 - Page 5 of 204 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 29 Series of 2018 Ford Park ERWSD Easement ATTACHMENTS: Description Resolution No. 29 ERWSD Water Line Easement TOWN OF 1 X41 July 17, 2018 - Page 6 of 204 RESOLUTION NO. 29 Series of 2018 A RESOLUTION APPROVING A FORD PARK WATER LINE EASEMENT; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town is the owner of certain real property commonly known as Ford Park (the "Property"); and WHEREAS, the Town wishes to grant the Eagle River Water and Sanitation District (the "ERWSD") a water line easement in various locations on Property (the "Water Easement"). NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Water Easement and authorizes the Town Manager to execute the Water Easement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of July, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 29 Series of 2018 July 17, 2018 - Page 7 of 204 July 17, 2018 - Page 8 of 204 Form 6.4: Water Easement — Eagle River Water & Sanitation District WATER EASEMENT THIS EASEMENT is made this day of 2018, by and between the Town of Vail, a Colorado Municipal Corporation (hereinafter referred to as "Grantor'), successors and assigns, and Eagle River Water and Sanitation DISTRICT, a quasi -municipal corporation of the State of Colorado within the County of Eagle , (hereinafter referred to as "District"). WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the District to Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, convey and transfer unto the District, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground water lines and all underground and surface appurtenances related thereto such as valve boxes, meter vaults and manholes (hereinafter "water lines"), together with any and all water lines situate therein, all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Eagle , State of Colorado, to -wit: See EXHIBIT A attached hereto and incorporated herein by reference. Grantor warrants that the Grantor has the lawful right to grant and convey such easement, rights-of-way, and water lines. Further, Grantor warrants that the water lines are free and clear of all liens and encumbrances. Grantor will at no time permit, place or construct any structure, building or improvement of any kind, temporary or permanent, on any part of the above-described premises. Any structure, building or improvement located on the above-described premises as of the date of this Easement, may be removed by the District without liability for damages arising therefrom. Following the completion of the purpose of any entry by the District upon such easement for any of the aforesaid objects, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for shrubs, plants, sidewalks, driveways or parking areas thereon located or damaged thereby. All provisions of the Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. Page 1 of 2 Page 146 July 17, 2018 - Page 9 of 204 IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. GRANTOR. (Name of Grantor) STA T E OF COLORADO ) ) ss. COUNTY OF ) The foregoing Easement was subscribed and sworn to before me this day of , 20_, by WITNESS my hand and official seal. (S E A L) Notary Public My commission expires: ACCEPTED by the District this day of ,20 . By: General Manager Page 2of2 Page 1 47 July 17, 2018 - Page 10 of 204 EXHIBIT FORD PARK TOWN OF VAIL, EAGLE COUNTY, COLORADO CGore Range €Surveying, LLC EASEMENT PARCEL DESCRIPTION: FIVE STRIPS OF LAND, SITUATED IN A PART OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO; SAID STRIPS OF LAND BEING TWENTY FEET IN WIDTH CENTERED ON EXISTING BURIED WATER LINES MORE PARTICULARLY DESCRIBED AS FOLLOWS: WATER LINE "A": BEGINNING AT THE Ni CORNER OF SAID SECTION 8, FROM WHENCE THE CNA CORNER OF SAID SECTION 8 BEARS S00'32'20"W 1322.01 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THE FOLLOWING DESCRIPTION; THENCE S00'32'20"W 582.59 FEET TO A POINT BEING ON THE SOUTHERLY RIGHT -OF WAY OF INTERSTATE HIGHWAY No. 70; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY S71'07'08"E 323.96 FEET; THENCE 47.50 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5900.00 FEET, AN INTERIOR ANGLE OF 0027'41" AND A CHORD WHICH BEARS 57328'18"E 47.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY S8723'55"W 99.15 FEET TO THE POINT OF TERMINUS. WATER LINE "B": THE TRUE POINT OF BEGINNING BEING THE SAME AS WATER LINE "A"; THENCE S01'32'48"E 256.54 FEET; THENCE 54228'38"E 122.71 FEET; THENCE S3029'09"E 346.59 FEET TO THE POINT OF TERMINUS. WATER LINE "C": BEGINNING AT THE Ni CORNER OF SAID SECTION 8, FROM WHENCE THE CNA CORNER OF SAID SECTION 8 BEARS S00'32'20"W 1322.01 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THE FOLLOWING DESCRIPTION; THENCE S00'32'20"W 582.59 FEET TO A POINT BEING ON THE SOUTHERLY RIGHT -OF WAY OF INTERSTATE HIGHWAY No. 70; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY S71'07'08"E 323.96 FEET; THENCE 1030.39 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5900.00 FEET, AN INTERIOR ANGLE OF 10'00'22" AND A CHORD WHICH BEARS S78'14'39"E 1029.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT-OF-WAY S11'14'47"W 6.48 FEET; THENCE S67'01'27"E 58.04 FEET TO THE POINT OF TERMINUS. WATER LINE "D": THE TRUE POINT OF BEGINNING BEING THE SAME AS WATER LINE "C"; THENCE 511'14'47"W 150.49 FEET; THENCE 533'57'02"E 68.75 FEET; THENCE S0026'12"W 147.22 FEET; THENCE S89'59'59"E 63.15 FEET; THENCE S00'00'01"W 47.32 FEET; THENCE S39'18'37"W 340.91 FEET; THENCE S69'54'07"W 127.16 FEET TO THE POINT OF TERMINUS. WATER LINE "E": BEGINNING AT THE CNA CORNER OF SAID SECTION 8, FROM WHENCE THE Ni CORNER BEARS N00'32'20"E 1322.01 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THE FOLLOWING DESCRIPTION; THENCE S87'44'55"E 625.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE S28'49'44"E 163.09 FEET; THENCE S38'27'11 "E 38.90 FEET; THENCE S48'13'00"E 36.50 FEET; THENCE 559'36'42"E 79.67 FEET; THENCE 574'22'30"E 63.38 FEET; THENCE S8620'32"E 95.85 FEET; THENCE N87'01'47"E 76.64 FEET TO THE POINT OF TERMINUS. SHEET 1 OF 7 July 17, 2018 - Page 11 of 204 EXHIBIT FORD PARK TOWN OF VAIL, EAGLE COUNTY, COLORADO EASEMENT PARCEL DESCRIPTION: TWO PARCELS OF LAND, SITUATED IN A PART OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FIRE HYDRANT "A": BEGINNING AT THE CNT1G CORNER OF SMD SECTION 8, FROM WHENCE THE Ni CORNER BEARS N00'32'20"E 1322.01 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THE FOLLOWING DESCRIPTION; THENCE 589'09'43"E 627.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE N59'00'01"E 14.46 FEET; THENCE S30'59'59"E 20.00 FEET; THENCE S59'00'01"W 14.64 FEET; THENCE N30'29'09"W 20.00 FEET TO THE TRUE POINT OF BEGINNING. FIRE HYDRANT "B": BEGINNING AT THE CNj CORNER OF SAID SECTION 8, FROM WHENCE THE Ni CORNER BEARS N0032'20"E 1322.01 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THE FOLLOWING DESCRIPTION; THENCE S74'24'56"E 1093.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE N69'54'07"E 20.00 FEET; THENCE S20'11'07"E 15.54 FEET; THENCE S69'48'53"W 20.00 FEET; THENCE N20'11'07"W 15.51 FEET TO THE TRUE POINT OF BEGINNING. Gore Range Surveying, LLC POBox 15 Avon. CO 81620 r970) 479 8698 • lax )970) 479-0055 ...) SHEET 2 OF 7 July 17, 2018 - Page 12 of 204 EXHIBIT FORD PARK TOWN OF VAIL, EAGLE COUNTY, COLORADO 0 o 0 N OI;`) N 0 N 0 0 - to z EE I m ° - 0 N a m r) 0 0 POINT OF TERMINUS WATER LINE "A" 200 POINT OF BEGINNING Ni CORNER SECTION 8 TOWNSHIP 5 SOUTH, RANGE 80 WEST SIXTH PRINCIPAL MERIDIAN =027'41" R=5900.00' L=47.50' ChB=S7328'18"E Ch L= 47.50' INTERSTATE HI GH wA Y NO 70 TRUE POINT OF BEGINNING 99.15' E" II 1"--S 01'32'48" E – 256.54' INTERSTATE HIGHWAY No. 70 RIGHT–OF– WAY S 4228'38" E – 122.71' 400 Feet — NM SCALE: 1" = 200' Gore Range Surveying, LLc PO ear 15 Avon, CO 81620 1970) 479.8698 • lax (9701 479.0055 WATER LINE %C\ S 30'29'09 E – 346.59'— \ \ \� \ N_CNT36 CORNER SECTION 8 TOWNSHIP 5 SOUTH, R , NGE 80 WEST SIXTH PRINCIPAL MERIDI N FORD PARK POINT OF TERMINUS WATER LINE "B" SHEET 3 OF 7 July 17, 2018 - Page 13 of 204 EXHIBIT FORD PARK TOWN OF VAIL, EAGLE COUNTY, COLORADO N 0 0 POINT OF BEGINNING CORNER SECTION 8 TOWNSHIP 5 SOUTH, RANGE 80 WEST SIXTH PRINCIPAL MERIDIAN S 00'32'20" W — 582.59' S 71'07'08" E — 323.96' IN TERSTA HIG NVyAY No70 INTERSTATE HIGHWAY No. 70 RIGHT—OF—WAY 4 /0.00,22 R_5g0p.0p' Che_ 1G30•39' Ch Sig 14'39. /02908' FORD PARK \CNTb CORNER SECTION 8 TOWNSHIP 5 SOUTH, RANGE 80 WEST SIXTH PRINCIPAL MERIDIAN 200 400 Feet SCALE: 1" — 200' Gore Range Surveying, LLC TRUE POINT OF WATER LINE "C" BEGINNING S 1114'47" W — 6.48' WATER LINE "D" S 1114'47" W — 150.49'—+l S 33'57'02" E — 68.75' II S 00'26'12" W — 147.22'--r L S 00'00'01" W - 47.32' I POINT OF TERMINUS WATER LINE "C" S 67'01'27" E — 58.04' S 89'59'59" E — 63.15' S 3918'37" W — S 69'54'07" W — 127.16'1 7 POINT OF TERMINUS WATER LINE "D" 7 ,DO 0 - SHEET 4 OF 7 July 17, 2018 - Page 14 of 204 EXHIBIT FORD PARK TOWN OF VAIL, EAGLE COUNTY, COLORADO JNN i CORNER SECTION 8 TOWNSHIP 5 SOUTH, RANGE 80 WEST SIXTH PRINCIPAL MERIDIAN 0 N N in— z I mw 00 Q N M r7 0 0 z WATER LINE C WATER LINE INTERSTA TE S 87'44'55" E — 625.14' POINT OF BEGINNING CNA CORNER SECTION 8 TOWNSHIP 5 SOUTH, RANGE 80 WEST SIXTH PRINCIPAL MERIDIAN i Gore Range I Surveying, LLC PO flax 15 Mn. CO 81620 (970) 479.8698 • lax (970) 479.0055 HIGH wA I, No, �\ \\ \� \\ \ WATER LINE "E" 0 200 400 Feet — — 7p FORD PARK POINT OF TERMINUS WATER LINE "B" SCALE: 1" = 200' WATER LINE "C" WATER LINE "D" TRUE POINT OF BEGINNING WATER LINE "E" \ \ S 28'49'44" E — 163.09' \ S 38'27'11" E — 38.90' rS 48'13'00" E — 36.50' I rS 59'36'42" E — 79.67' S 74'22'30" E — S 86'20'32" E — 95.85' N 87'01'47" E — 76.64' POINT OF TERMINUS WATER LINE "D" & "E" SHEET 5 OF 7 July 17, 2018 - Page 15 of 204 EXHIBIT FORD PARK TOWN OF VAIL, EAGLE COUNTY, COLORADO 0 N • roZ a W CD lyf W O O • N N m r� 0 0 z �N CORNER SECTION 8 TOWNSHIP 5 SOUTH, RANGE 80 WEST SIXTH PRINCIPAL MERIDIAN WATER LINE C WATER 'NT ERSTATE HIS HWAY NO. 70 1 S 89'09'43" E — 627.27' N 30'29'09" W 20.00' POINT OF BEGINNING CNA CORNER SECTION 8 TOWNSHIP 5 SOUTH, RANGE 80 WEST SIXTH PRINCIPAL MERIDIAN Gore Range Surveying, LLC PO Box 15 Avon, CO 81620 (970) 4798698 • lax (970) 479.0055 0 200 400 Feet FORD PARK SCALE: 1" = 200' TRUE POINT OF BEGINNING FIRE HYDRANT "A" N 59'00'01" E — 14.46' S 30'59'59" E — 20.00' S 59'00'01" W — 14.64' \\ \\ WATER LINE "E"—/k WATER LINE "C"� WATER LINE /11 / / /, / SHEET 6 OF , July 17, 2018 - Page 16 of 204 EXHIBIT FORD PARK TOWN OF VAIL, EAGLE COUNTY, COLORADO 0 N N Z M Q w mw O O Eh . N mr+� 0 0 z �N CORNER SECTION 8 TOWNSHIP 5 SOUTH, RANGE 80 WEST SIXTH PRINCIPAL MERIDIAN WATER LINE WATER 'NTERSTATE HIG HWAY No. 70 1 II It 109 POINT OF BEGINNING CNA CORNER SECTION 8 TOWNSHIP 5 SOUTH, RANGE 80 WEST SIXTH PRINCIPAL MERIDIAN 7-1 Gore Range Surveying, LLc PO 8ax 15 Avon, CO 81620 (970) 479.8698 • fax (970) 479-0055 0 200 400 Feet INN i• SCALE: 1" — 200' WATER LINE "C"— WATER LINE "D"---...4 /1I r�J FORD PARK 11 II lil WATER LINE "E" /1//// // /// // / // /// N 69'54'07" E — 20.00' 4 / TRUE POINT OF BEGINNING HYDRANT "B" S 2011'07" E — 15.54' S 69'48'53" W — 20.00' N 2011'07" W — 15.51' SHEET 7 OF 7 July 17, 2018 - Page 17 of 204 July 17, 2018 - Page 18 of 204 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution 30, Series of 2018, A Resolution Adopting the 2018 Town of Vail Housing Policy Statements, and setting forth details in regard thereto ATTACHMENTS: Description Resolution 30, Series of 2018 Adopting The 2018 Town of Vail Housing Policy Statements July 17, 2018 - Page 19 of 204 RESOLUTION NO. 30, SERIES 2018 A RESOLUTION ADOPTING THE 2018 TOWN OF VAIL HOUSING POLICY STATEMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Vail Town Council has adopted the vision "To Be The Premier International Mountain Resort Community"; WHEREAS, through Resolution No. 29, Series 2016, the Town Council adopted Vail Housing 2027, "A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail" (the "Plan"); WHEREAS, the single goal of the Plan is for "The Town of Vail to acquire 1,000 additional resident housing deed -restrictions by the year 2027; WHEREAS, according to the 2018 Town of Vail Community Survey results, the availability and affordability of housing is the most critical issue facing the Vail community; and, WHEREAS, through the adoption of housing policy statements, it is the Vail Town Council's intent to articulate the approaches the Town will take to realize its vision, achieve its housing goal, and address the most critical issue...housing...facing the Vail community. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Vail Town Council hereby adopts the following housing policy statements, hereafter referred to as the "2018 Town of Vail Housing Policy Statements": #1 Housing IS Infrastructure - Deed -restricted homes are critical infrastructure in Vail. #2 Housing Partners — We use public/private partnerships and actively pursue local and regional solutions to increase the supply of deed - restricted homes. #3 Private Sector Importance — We foster a proactive and solutions - oriented environment is fostered private sector investment to create deed - restricted homes. #4 Leverage Financial Strength — We will use our financial strength and acumen to acquire deed -restrictions. 1 July 17, 2018 - Page 20 of 204 #5 Breakdown Barriers — We align our land use regulations, building and energy conservation codes to achieve our vision and housing goal, and development applications are thoroughly, timely and efficiently reviewed....getting to "yes" is our shared objective. #6 Funding Creates Deed -Restrictions — We pursue a predictable, consistent and reliable source of funding to obtain deed -restrictions and maintain the Town's housing programs. #7 People Promote Community — We ensure opportunity and access to the Town's housing programs and initiatives through a clear, equitable, and easy to administer process for housing selection. #8 No Net Loss - No net loss of resident -occupied, deed -restrictions. #9 Keep Up With Demand - New development, both residential and commercial, is obligated to mitigate its incremental impact on the demand for resident -occupied, deed -restricted homes. Payment in lieu, while needed, is not the preferred method of mitigation. #10 Funding is Policy — The Vail Town Council will fund housing opportunities and solutions. INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of July, 2018. ATTEST: Patty McKenny, Town Clerk 2 Dave Chapin, Mayor July 17, 2018 - Page 21 of 204 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution 31, Series 2018 CDOT IGAAmendment - Vail Water Quality ATTACHMENTS: Description Resolution 31 IGA Amendment July 17, 2018 - Page 22 of 204 RESOLUTION NO. 31 Series of 2018 A RESOLUTION APPROVING AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING 1-70 MP 180-182 — VAIL WATER QUALITY— TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Town and the Colorado Department of Transportation ("CDOT") entered into an Intergovernmental Agreement on January 2, 2017, routing 17-HA3-XC-00064; and WHEREAS, the Town and CDOT now wish to amend the existing Intergovernmental Agreement to modify the performance end date to July 30, 2019; and WHEREAS, the Council's approval of Resolution No. 31, Series 2018, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 17th day of July, 2018. Dave Chapin, Town Mayor ATTEST: Patty McKenny, Town Clerk July 17, 2018 - Page 23 of 204 PO # / OLA #: 400000761 / 331001569 Routing #: 17-HA3-XC-00064-ZM0001 Original Routing#: 17-HA3-XC-00064 STATE OF COLORADO AMENDMENT SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 17-HA3-XC-00064-ZM0001 Local Agency/Region: Town of Vail Original Agreement Routing Number 17-HA3-XC-00064 Amendment # 1 Project #/Subaccount: TAP 0702-376 (21752) Contract Writer: RBS Agreement Maximum Amount: Current Encumbrance: $875,000.00 $875,000.00 Amendment Effective Date Date of Controller Signature Initial Agreement expiration date February 23, 2022 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. LOCAL AGENCY TOWN OF VAIL STATE OF COLORADO John W. Hickenlooper, Governor Department of Transportation Michael P. Lewis, Executive Director Signature Joshua Laipply, P.E., Chief Engineer Date: By: (Print Name and Title) Date: 2nd Local Agency Signature if Needed Signature By: (Print Name and Title) Date: In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Department of Transportation Effective Date: 1 July 17, 2018 - Page 24 of 204 PO # / OLA #: 400000761 / 331001569 Routing #: 17-HA3-XC-00064-ZM0001 Original Routing#: 17-HA3-XC-00064 1) PARTIES This Amendment (the "Amendment") to the Original Agreement shown on the Signature and Cover Page for this Amendment (the "Agreement") is entered into by and between the Contractor and the State. 2) TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3) EFFECTIVE DATE AND ENFORCEABILITY A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment B. Amendment Term The Parties' respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4) PURPOSE The purpose of this Agreement is to disburse Federal Funds to the Local Agency pursuant to CDOT's Stewardship Agreement with FHWA. 5) MODIFICATIONS The Parties now agree to modify the original contract to incorporate the required provisions of the OMB Uniform Guidance, 2 C.F.R. 200. The following sections of the original agreement are modified: §§2, 3.A, 4, 5, 6, 7, 8.A, 8.B, 8.D, 9.F, 9.G, 10, 11, 12, 13, 15.B.iv, 17.B, 17.C, 19, and 24 (see Attachment A to this Amendment). The Parties agree to modify Exhibit C. Exhibit B becomes the Sample Option Letter, which is also modified in form. Exhibits D becomes the Local Agency Resolution, which is unchanged in form. Exhibits L and M are added to the agreement (see Exhibit C-1, B-1, Exhibit L and Exhibit M attached to this Amendment). 6) LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 2 July 17, 2018 - Page 25 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) ATTACHMENT A a. 2 — Effective Date and Notice of Nonliability Section 2 is deleted in its entirety. It is now titled "Effective Date" and now reads as follows: This Agreement shall not be valid or enforceable until the Effective Date, and Agreement Funds shall be expended within the dates shown in Exhibit C for each respective phase ("Phase Performance Period(s)"). The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Local Agency for any Work performed or expense incurred before the Effective Date or after the Final Phase Performance End Date, as shown in Exhibit C. b. 3.A — Authority, Appropriation, and Approval Section 3.A is deleted in its entirety. The title remains the same but now reads as follows: Authority to enter into this Agreement exists in the law as follows: i. Federal Authority Pursuant to Title I, Subtitle A, of the "Fixing America's Surface Transportation Act" (FAST Act) of 2015, and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the "Federal Provisions"), certain federal funds have been and are expected to continue to be allocated for transportation projects requested by Local Agency and eligible under the Surface Transportation Improvement Program that has been proposed by the State and approved by the Federal Highway Administration ("FHWA"). ii. State Authority Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-104.5. c. 4 — Definitions The following definitions are added alphabetically to §4: "Business Day" means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24- 11-101(1) C.R.S. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. "Effective Date" means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature and Cover Page for this Agreement. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. "Federal Award" also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient. "FHWA" means the Federal Highway Administration, which is one of the twelve administrations under the Office of the Secretary of Transportation at the U.S. Department of Transportation. FHWA provides stewardship over the construction, maintenance and preservation of the Nation's Attachment A — Page 1 of 18 July 17, 2018 - Page 26 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) highways and tunnels. FHWA is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. "Notice to Proceed" means the letter issued by the State to the Local Agency stating the date the Local Agency can begin work subject to the conditions of this Agreement. "OMB" means the Executive Office of the President, Office of Management and Budget. "PIP" means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §24-72-501 C.R.S. "Recipient" means the Colorado Department of Transportation (CDOT) for this Federal Award. "State Confidential Information" means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII and State personnel records not subject to disclosure under CORA. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a). "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. "State Purchasing Director" means the position described in the Colorado Procurement Code and its implementing regulations. "State Records" means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. "Subcontractor" means third -parties, if any, engaged by Local Agency to aid in performance of the Work. "Subrecipient" means a non -Federal entity that receives a sub -award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. Section 4.F is deleted in its entirety and replaced with the following: F — Exhibits and Other Attachments The following exhibits are attached hereto and incorporated by reference herein: i. Exhibit A, Statement of Work. Attachment A — Page 2 of 18 July 17, 2018 - Page 27 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) ii. Exhibit B, Sample Option Letter. iii. Exhibit C, Funding Provisions iv. Exhibit D, Local Agency Resolution v. Exhibit E, Local Agency Contract Administration Checklist vi. Exhibit F, Certification for Federal -Aid Contracts vii. Exhibit G, Disadvantaged Business Enterprise viii. Exhibit H, Local Agency Procedures for Consultant Services ix. Exhibit I, Federal -Aid Contract Provisions For Construction Contracts x. Exhibit J, Additional Federal Requirements xi. Exhibit K, The Federal Funding Accountability and Transparency Act of 2006 (FFATA) Supplemental Federal Provisions xii. Exhibit L, Sample Subrecipient Risk Assessment Form xiii. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal Awards (the "Uniform Guidance") d. 5 — Term and Early Termination Section 5 is deleted in its entirety. The title remains the same but now reads as follows: A. Initial Term The Parties' respective performances under this Agreement shall commence on the Agreement Effective Date shown on the Signature and Cover Page for this Agreement and shall terminate on the date of notice of CDOT final acceptance ("Agreement Expiration Date") shown on the Signature and Cover Page for this Agreement, unless sooner terminated or further extended in accordance with the terms of this Agreement. B. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply to a termination of this Agreement by the State for breach by Local Agency, which shall be governed by §17.A. e. 6 — Scope of Work Section 6 is deleted in its entirety. The title remains the same but now reads as follows: Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A, and the Local Agency Manual. The State shall have no liability to compensate Local Agency for the delivery of any Goods or the performance of any Services that are not specifically set forth in this Agreement. Work may be divided into multiple phases that have separate periods of performance. The State may not compensate Work that Local Agency performs outside of its designated phase performance period. The performance period of phases, including, but not limited to Design, Attachment A — Page 3 of 18 July 17, 2018 - Page 28 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) Construction, Right of Way, Utilities, or Environment phases, are identified in Exhibit C. The State may unilaterally modify Exhibit C from time to time, at its sole discretion, to extend the period of performance for a phase of Work authorized under this Agreement. To exercise this phase performance period extension option, the State will provide written notice to Local Agency in a form substantially equivalent to Exhibit D. The State's unilateral extension of phase performance periods will not amend or alter in any way the funding provisions or any other terms specified in this Agreement, notwithstanding the options listed under §7. A. Local Agency Commitments i. Design If the Work includes preliminary design, final design, design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), Local Agency shall ensure that it and its Contractors comply with and are responsible for satisfying the following requirements: a. Perform or provide the Plans to the extent required by the nature of the Work. b. Prepare final design in accordance with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by the State. c. Prepare provisions and estimates in accordance with the most current version of the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by the State. d. Include details of any required detours in the Plans in order to prevent any interference of the construction Work and to protect the traveling public. e. Stamp the Plans as produced by a Colorado registered professional engineer. f. Provide final assembly of Plans and all other necessary documents. g. Ensure the Plans are accurate and complete. h. Make no further changes in the Plans following the award of the construction contract to Contractor unless agreed to in writing by the Parties. The Plans shall be considered final when approved in writing by CDOT, and when final, they will be deemed incorporated herein. ii. Local Agency Work a. Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA) 42 U.S.C. §12101, et. seq., and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Proj ects". b. Local Agency shall afford the State ample opportunity to review the Plans and shall make any changes in the Plans that are directed by the State to comply with FHWA requirements. c. Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans and/or construction administration. Provided, however, if federal -aid funds are involved in the cost of such Work to be done by such Consultant, such Consultant contract (and the performance provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R. Attachment A — Page 4 of 18 July 17, 2018 - Page 29 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) d. Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H. If Local Agency enters into a contract with a Consultant for the Work: 1) Local Agency shall submit a certification that procurement of any Consultant contract complies with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract, subject to the State's approval. If not approved by the State, Local Agency shall not enter into such Consultant contract. 2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by the State and FHWA and that they are in writing Immediately after the Consultant contract has been awarded, one copy of the executed Consultant contract and any amendments shall be submitted to the State. 3) Local Agency shall require that all billings under the Consultant contract comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. 4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the CDOT procedures described in Exhibit H to administer the Consultant contract. 5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant contract by submitting a letter to CDOT from Local Agency's attorney/authorized representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d). 6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: "(a) The design work under this Agreement shall be compatible with the requirements of the contract between Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third -party beneficiary of this agreement for that purpose. (b) Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. (c) The consultant shall review the construction Contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work. (d) The State, in its sole discretion, may review construction plans, special provisions and estimates and may require Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements." iii. Construction If the Work includes construction, Local Agency shall perform the construction in accordance with the approved design plans and/or administer the construction in Attachment A — Page 5 of 18 July 17, 2018 - Page 30 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) accordance with Exhibit E. Such administration shall include Work inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing construction Contractor claims; construction supervision; and meeting the quality control requirements of the FHWA/CDOT Stewardship Agreement, as described in Exhibit E. a. The State may, after providing written notice of the reason for the suspension to Local Agency, suspend the Work, wholly or in part, due to the failure of Local Agency or its Contractor to correct conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. b. Local Agency shall be responsible for the following: 1) Appointing a qualified professional engineer, licensed in the State of Colorado, as Local Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall administer the Work in accordance with this Agreement, the requirements of the construction contract and applicable State procedures, as defined in the CDOT Local Agency Manual (https: //www. codot. gov/business/designsupport/bulletins_manuals/2006-local- agency-manual). 2) For the construction Services, advertising the call for bids, following its approval by the State, and awarding the construction contract(s) to the lowest responsible bidder(s). (a) All Local Agency's advertising and bid awards pursuant to this Agreement shall comply with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that Local Agency and its Contractor(s) incorporate Form 1273 (Exhibit I) in its entirety, verbatim, into any subcontract(s) for Services as terms and conditions thereof, as required by 23 C.F.R. 633.102(e). (b) Local Agency may accept or reject the proposal of the apparent low bidder for Work on which competitive bids have been received. Local Agency must accept or reject such bids within 3 working days after they are publicly opened. (c) If Local Agency accepts bids and makes awards that exceed the amount of available Agreement Funds, Local Agency shall provide the additional funds necessary to complete the Work or not award such bids. (a) The requirements of §6.A.iii.b.2 also apply to any advertising and bid awards made by the State. (b) The State (and in some cases FHWA) must approve in advance all Force Account Construction, and Local Agency shall not initiate any such Services until the State issues a written Notice to Proceed. iv. Right of Way (ROW) and Acquisition/Relocation a. If Local Agency purchases a ROW for a State highway, including areas of influence, Local Agency shall convey the ROW to CDOT promptly upon the completion of Attachment A — Page 6 of 18 July 17, 2018 - Page 31 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) the project/construction. b. Any acquisition/relocation activities shall comply with all applicable federal and State statutes and regulations, including but not limited to, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs, as amended (49 C.F.R. Part 24), CDOT's Right of Way Manual, and CDOT's Policy and Procedural Directives. c. The Parties' respective responsibilities for ensuring compliance with acquisition, relocation and incidentals depend on the level of federal participation as detailed in CDOT's Right of Way Manual (located at http://www.codot.gov/business/manuals/right- of-way); however, the State always retains oversight responsibilities. d. The Parties' respective responsibilities at each level of federal participation in CDOT's Right of Way Manual, and the State's reimbursement of Local Agency costs will be determined pursuant the following categories: 1) Right of way acquisition (3111) for federal participation and non -participation; 2) Relocation activities, if applicable (3109); 3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of way — 3114). v. Utilities If necessary, Local Agency shall be responsible for obtaining the proper clearance or approval from any utility company that may become involved in the Work. Prior to the Work being advertised for bids, Local Agency shall certify in writing to the State that all such clearances have been obtained. a. Railroads If the Work involves modification of a railroad company's facilities and such modification will be accomplished by the railroad company, Local Agency shall make timely application to the Public Utilities Commission ("PUC") requesting its order providing for the installation of the proposed improvements. Local Agency shall not proceed with that part of the Work before obtaining the PUC's order. Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal -aid projects involving railroad facilities, and: Execute an agreement with the railroad company setting out what work is to be accomplished and the location(s) thereof, and which costs shall be eligible for federal participation. Obtain the railroad's detailed estimate of the cost of the Work. Attachment A — Page 7 of 18 July 17, 2018 - Page 32 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) 1) Establish future maintenance responsibilities for the proposed installation. 2) Proscribe in the agreement the future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 3) Establish future repair and/or replacement responsibilities, as between the railroad company and the Local Agency, in the event of accidental destruction or damage to the installation. vi. Environmental Obligations Local Agency shall perform all Work in accordance with the requirements of current federal and State environmental regulations, including the National Environmental Policy Act of 1969 (NEPA) as applicable. vii. Maintenance Obligations Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. Local Agency shall conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and regulations pertaining to maintaining such improvements. The State and FHWA may make periodic inspections to verify that such improvements are being adequately maintained. viii. Monitoring Obligations Local Agency shall respond in a timely manner to and participate fully with the monitoring activities described in §7. F. vi. B. State's Commitments i. The State will perform a final project inspection of the Work as a quality control/assurance activity. When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212. ii. Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable or responsible in any manner for the structural design, details or construction of any Work constituting major structures designed by, or that are the responsibility of, Local Agency, as identified in Exhibit E. f. 7 — Option Letter Modification Section 7 is deleted in its entirety. The title remains the same but now reads as follows: The State may, at its discretion, issue an "Option Letter" to Local Agency to add or modify Work phases in the Work schedule in Exhibit C if such modifications do not increase total budgeted Agreement Funds. Such Option Letters shall amend and update Exhibit C, Sections 2 or 4 of the Table, and sub- sections B and C of the Exhibit C. Option Letters shall not be deemed valid until signed by the State Controller or an authorized delegate. Modification of Exhibit C by unilateral Option Letter is permitted only in the specific scenarios listed below. The State will exercise such options by providing Local Agency a fully executed Option Letter, in a form substantially equivalent to Exhibit B, within 30 days before the targeted start date Attachment A — Page 8 of 18 July 17, 2018 - Page 33 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) g. of a new or modified Work phase. Such Option Letters will be incorporated into this Agreement. A. Option to Begin a Phase and/or Increase or Decrease the Encumbrance Amount The State may require by Option Letter that Local Agency begin a new Work phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous Work (but may not include Right of Way Acquisition/Relocation or Railroads) as detailed in Exhibit A. Such Option Letters may not modify the other terms and conditions stated in this Agreement, and must decrease the amount budgeted and encumbered for one or more other Work phases so that the total amount of budgeted Agreement Funds remains the same. The State may also issue a unilateral Option Letter to simultaneously increase and decrease the total encumbrance amount of two or more existing Work phases, as long as the total amount of budgeted Agreement Funds remains the same, replacing the original Agreement Funding exhibit (Exhibit C) with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc). B. Option to Transfer Funds from One Phase to Another Phase. The State may require or permit Local Agency to transfer Agreement Funds from one Work phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another phase as a result of changes to State, federal, and local match funding. In such case, the original funding exhibit (Exhibit C) will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.) attached to the Option Letter. The Agreement Funds transferred from one Work phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a fully executed Option Letter to Local Agency within thirty (30) days before the initial targeted start date of the Work phase, in a form substantially equivalent to Exhibit B. C. Option to Exercise Options A and B. The State may require Local Agency to add a Work phase as detailed in Exhibit A, and encumber and transfer Agreement Funds from one Work phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.) attached to the Option Letter. The addition of a Work phase and encumbrance and transfer of Agreement Funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted start date of the Work phase, in a form substantially equivalent to Exhibit B. D. Option to Update a Work Phase Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined in Exhibit C. The State may update any information contained in Exhibit C, Sections 2 and 4 of the Table, and sub -sections B and C of the Exhibit C. 8.A and 8.B under 8 — Payments These two sections are deleted in their entirety. The titles remain the same but each section now Attachment A — Page 9 of 18 July 17, 2018 - Page 34 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) reads as follows: A. Maximum Amount Payments to Local Agency are limited to the unpaid, obligated balance of the Agreement Funds set forth in Exhibit C. The State shall not pay Local Agency any amount under this Agreement that exceeds the Agreement Maximum set forth in Exhibit C. The Local Agency shall provide its match share of the costs as shown in Exhibit C and may be evidenced by an appropriate ordinance/resolution or authority letter. A copy of such ordinance/resolution or authority letter may be attached as Exhibit D. The provision by the Local Agency to CDOT of such ordinance/resolution or authority letter is at the Local Agency's discretion. B. Payment Procedures i. Invoices and Payment 1. The State shall pay Local Agency in the amounts and in accordance with conditions set forth in Exhibit C. 2. Local Agency shall initiate payment requests by invoice to the State, in a form and manner approved by the State. 3. The State shall pay each invoice within 45 days following the State's receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Local Agency and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Local Agency shall make all changes necessary to correct that invoice. 4. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under the Agreement. ii. Interest Amounts not paid by the State within 45 days after the State's acceptance of the invoice shall bear interest on the unpaid balance beginning on the 46th day at the rate of 1% per month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Local Agency shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of days interest to be paid and the interest rate. iii. Payment Disputes If Local Agency disputes any calculation, determination, or amount of any payment, Local Agency shall notify the State in writing of its dispute within 30 days following the earlier to occur of Local Agency's receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Local Agency and may make changes to its determination based on this review. The calculation, determination, or payment amount that results from the State's review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State Attachment A — Page 10 of 18 July 17, 2018 - Page 35 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds -Contingency -Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Local Agency beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Agreement Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non -State funds constitute all or some of the Agreement Funds, the State's obligation to pay Local Agency shall be contingent upon such non -State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Agreement Funds, and the State's liability for such payments shall be limited to the amount remaining of such Agreement Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §5.B. v. Erroneous Payments The State may recover, at the State's discretion, payments made to Local Agency in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Local Agency. The State may recover such payments by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Local Agency, or by any other appropriate method for collecting debts owed to the State. The close out of a Federal Award does not affect the right of FHWA or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period (as defined below in §9.A.). h. 8.D — Matching Funds Section 8.D is deleted in its entirety. The title remains the same but now reads as follows: Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. Local Agency shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Local Agency's obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Local Agency and paid into Local Agency's treasury. Local Agency represents to the State that the amount designated "Local Agency Matching Funds" in Exhibit C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. Local Agency may evidence such obligation by an appropriate ordinance/resolution or other authority letter expressly authorizing Local Agency to enter into this Agreement and to expend its match share of the Work. A copy of any such ordinance/resolution or authority letter is attached hereto as Exhibit D. Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple -fiscal year debt of Local Agency. Local Agency shall not pay or be liable for any claimed interest, late Attachment A — Page 11 of 18 July 17, 2018 - Page 36 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) J• charges, fees, taxes, or penalties of any nature, except as required by Local Agency's laws or policies. 9.F — Reimbursement of State Costs Section 9.F is deleted in its entirety. It is now titled "Risk Assessment & Monitoring" and now reads as follows: Pursuant to 2 C.F.R. 200.331(b), — CDOT will evaluate Local Agency's risk of noncompliance with federal statutes, regulations, and terms and conditions of this Agreement. Local Agency shall complete a Risk Assessment Form (Exhibit L)* when that may be requested by CDOT. The risk assessment is a quantitative and/or qualitative determination of the potential for Local Agency's non-compliance with the requirements of the Federal Award. The risk assessment will evaluate some or all of the following factors: • Experience: Factors associated with the experience and history of the Subrecipient with the same or similar Federal Awards or grants. • Monitoring/Audit: Factors associated with the results of the Subrecipient's previous audits or monitoring visits, including those performed by the Federal Awarding Agency, when the Subrecipient also receives direct federal funding. Include audit results if Subrecipient receives single audit, where the specific award being assessed was selected as a major program. • Operation: Factors associated with the significant aspects of the Subrecipient's operations, in which failure could impact the Subrecipient's ability to perform and account for the contracted goods or services. • Financial: Factors associated with the Subrecipient's financial stability and ability to comply with financial requirements of the Federal Award. • Internal Controls: Factors associated with safeguarding assets and resources, deterring and detecting errors, fraud and theft, ensuring accuracy and completeness of accounting data, producing reliable and timely financial and management information, and ensuring adherence to its policies and plans. • Impact: Factors associated with the potential impact of a Subrecipient's non-compliance to the overall success of the program objectives. • Program Management: Factors associated with processes to manage critical personnel, approved written procedures, and knowledge of rules and regulations regarding federal - aid projects. Following Local Agency's completion of the Risk Assessment Form (Exhibit L), CDOT will determine the level of monitoring it will apply to Local Agency's performance of the Work. This risk assessment may be re-evaluated after CDOT begins performing monitoring activities. *Note: The Risk Assessment applies only to Projects which have the initial phase authorized on or after July 1, 2016. 9.G — Close Out Section 9.G is added to the IGA and reads as follows: Local Agency shall close out this Award within 90 days after the Final Phase Performance End Date. Close out requires Local Agency's submission to the State of all deliverables defined in this Agreement, and Local Agency's final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State Attachment A — Page 12 of 18 July 17, 2018 - Page 37 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) as substantially complete. If FHWA has not closed this Federal Award within 1 year and 90 days after the Final Phase Performance End Date due to Local Agency's failure to submit required documentation, then Local Agency may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. k. 10 — Reporting — Notification Section 10 is deleted in its entirety. The title remains the same but now reads as follows: A. Quarterly Reports In addition to any reports required pursuant to §21 or pursuant to any exhibit, for any contract having a term longer than 3 months, Local Agency shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than 5 Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B. Litigation Reporting If Local Agency is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Local Agency's ability to perform its obligations under this Agreement, Local Agency shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State's principal representative identified in §18. C. Performance and Final Status Local Agency shall submit all financial, performance and other reports to the State no later than 60 calendar days after the Final Phase Performance End Date or sooner termination of this Agreement, containing an Evaluation of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. D. Violations Reporting Local Agency must disclose, in a timely manner, in writing to the State and FHWA, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. Penalties for noncompliance may include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321). 1. 11— Local Agency Records Section 11 is deleted in its entirety. The title remains the same but now reads as follows: A. Maintenance Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Local Agency shall maintain such records for a period (the "Record Retention Period") of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively. If any litigation, claim, or audit related to this Attachment A — Page 13 of 18 July 17, 2018 - Page 38 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Local Agency in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Local Agency shall permit the State to audit, inspect, examine, excerpt, copy, and transcribe Local Agency Records during the Record Retention Period. Local Agency shall make Local Agency Records available during normal business hours at Local Agency's office or place of business, or at other mutually agreed upon times or locations, upon no fewer than 2 Business Days' notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State will monitor Local Agency's performance of its obligations under this Agreement using procedures as determined by the State. The State shall monitor Local Agency's performance in a manner that does not unduly interfere with Local Agency's performance of the Work. D. Final Audit Report Local Agency shall promptly submit to the State a copy of any final audit report of an audit performed on Local Agency's records that relates to or affects this Agreement or the Work, whether the audit is conducted by Local Agency or a third party. m. 12 — Confidential Information -State Records Section 12 is deleted in its entirety. The title remains the same but now reads as follows: A. Confidentiality Local Agency shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Local Agency for the sole and exclusive benefit of the State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to disclosure by Local Agency under CORA. Local Agency shall not, without prior written approval of the State, use for Local Agency's own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Agreement. Local Agency shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. Local Agency shall immediately forward any request or demand for State Records to the State's principal representative. B. Other Entity Access and Nondisclosure Agreements Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information Attachment A — Page 14 of 18 July 17, 2018 - Page 39 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Local Agency shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Agreement, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Local Agency shall provide copies of those signed nondisclosure agreements to the State upon request. C. Use, Security, and Retention Local Agency shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Local Agency shall provide the State with access, subject to Local Agency's reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Local Agency shall return State Records provided to Local Agency or destroy such State Records and certify to the State that it has done so, as directed by the State. If Local Agency is prevented by law or regulation from returning or destroying State Confidential Information, Local Agency warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Local Agency becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Local Agency can establish that none of Local Agency or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Local Agency shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Local Agency shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. n. 13 — Conflict of Interest Section 13 is deleted in its entirety. The title remains the same but now reads as follows: A. Actual Conflicts of Interest Local Agency shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Local Agency under this Agreement. Such a conflict of interest would arise when a Local Agency or Subcontractor's employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. Officers, employees and agents of Local Agency may neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts. B. Apparent Conflicts of Interest Local Agency acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State's interests. Absent the State's prior written Attachment A — Page 15 of 18 July 17, 2018 - Page 40 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) approval, Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Local Agency's obligations under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Local Agency is uncertain whether a conflict or the appearance of a conflict has arisen, Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. o. 15.B.iv — Additional Insured P. Section 15.B.iv is deleted in its entirety. The title remains the same but now reads as follows: The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Local Agency and Subcontractors. In the event of cancellation of any commercial general liability policy, the carrier shall provide at least 10 days prior written notice to CDOT. 17.B — Early Termination in the Public Interest Section 17.B is deleted in its entirety. It is now titled "Remedies Not Involving Termination" and now reads as follows: The State, in its discretion, may exercise one or more of the following additional remedies: i. Suspend Performance Suspend Local Agency's performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Local Agency to an adjustment in price or cost or an adjustment in the performance schedule. Local Agency shall promptly cease performing Work and incurring costs in accordance with the State's directive, and the State shall not be liable for costs incurred by Local Agency after the suspension of performance. ii. Withhold Payment Withhold payment to Local Agency until Local Agency corrects its Work. iii. Deny Payment Deny payment for Work not performed, or that due to Local Agency's actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. iv. Removal Demand immediate removal from the Work of any of Local Agency's employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose Attachment A — Page 16 of 18 July 17, 2018 - Page 41 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) q. continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State's best interest. v. Intellectual Property If any Work infringes a patent, copyright, trademark, trade secret, or other intellectual property right, Local Agency shall, as approved by the State (a) secure that right to use such Work for the State or Local Agency; (b) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (c) remove any infringing Work and refund the amount paid for such Work to the State. 17.0 — Remedies Not Involving Termination Section 17.0 is deleted in its entirety. It is now titled "Local Agency's Remedies" and now reads as follows: If the State is in breach of any provision of this Agreement and does not cure such breach, Local Agency, following the notice and cure period in §16.B and the dispute resolution process in §24 shall have all remedies available at law and equity. r. 19 — Rights in Data, Documents, and Computer Software Section 19 is deleted in its entirety. The title remains the same but now reads as follows: A. Work Product Local Agency assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or not Local Agency is under contract with the State at the time, Local Agency shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. The Parties intend the Work Product to be works made for hire. i. Copyrights To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law, Local Agency hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights or similar rights with respect to the Work Product throughout the world. To the extent that Local Agency cannot make any of the assignments required by this section, Local Agency hereby grants to the State a perpetual, irrevocable, royalty - free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based upon, derived from, or incorporating the Work Product by all means and methods and in any format Attachment A — Page 17 of 18 July 17, 2018 - Page 42 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) now known or invented in the future. The State may assign and license its rights under this license. ii. Patents In addition, Local Agency grants to the State (and to recipients of Work Product distributed by or on behalf of the State) a perpetual, worldwide, no -charge, royalty -free, irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify and propagate the contents of the Work Product. Such license applies only to those patent claims licensable by Local Agency that are necessarily infringed by the Work Product alone, or by the combination of the Work Product with anything else used by the State. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State software, research, reports, studies, photographs, negatives, or other documents, drawings, models, materials, data, and information shall be the exclusive property of the State (collectively, "State Materials"). Local Agency shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Local Agency's obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Local Agency shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. s. 24 — Disputes Section 24 is deleted in its entirety. The title remains the same but now reads as follows: A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Local Agency for resolution. B. Resolution of Controversies If the initial resolution described in §24.A fails to resolve the dispute within 10 Business Days, Local Agency shall submit any alleged breach of this Agreement by the State to the purchasing director of CDOT for resolution in accordance with the provisions of §§24-109-101, 24-109-106, 24-109-107, and 24-109-201 through 24-109-206 C.R.S., (the "Resolution Statutes"), except that if Local Agency wishes to challenge any decision rendered by the purchasing director, Local Agency's challenge shall be an appeal to the executive director of the Depaitcuent of Personnel and Administration, or their delegate, under the Resolution Statutes before Local Agency pursues any further action as permitted by such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations. Attachment A — Page 18 of 18 July 17, 2018 - Page 43 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) EXHIBIT C-2 — FUNDING PROVISIONS A. Cost of Work Estimate TAP 0702-376 (21752) The Local Agency has estimated the total cost the Work to be $875,000.00, which is to be funded as follows: 1. BUDGETED FUNDS a. Federal Funds (80.00% of Participating Costs) b. Local Agency Matching Funds (20.00% of Participating Costs) $700,000.00 $175,000.00 TOTAL BUDGETED FUNDS $875,000.00 2. OMB UNIFORM GUIDANCE a. Federal Award Identification Number (FAIN): TBD b. Federal Award Date (also Phase Performance Start Date): See Below c. Amount of Federal Funds Obligated: $700,000.00 d. Total Amount of Federal Award: $700,000.00 e. Name of Federal Awarding Agency: FHWA f. CFDA Number CFDA 20.205 g. Is the Award for R&D? No h. Indirect Cost Rate (if applicable) N/A 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $700,000.00 b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $700,000.00 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount $875,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $875,000.00 WBS Element 21752.10.30 Performance Period Stare/End Date N/A / N/A Design 3020 $0.00 WBS Element 21752.20.10 Performance Period Stare/End Date 05/02/2017 / 06/30/2019 Const. 3301 $875,000.00 *The Local Agency should not begin work until all three of the following are in place: 1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three milestones are achieved will not be reimbursable. Exhibit C-2 — Page 2 of 2 July 17, 2018 - Page 44 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) B. Matching Funds The matching ratio for the federal participating funds for this Work is 80% federal -aid funds to 20% Local Agency funds, it being understood that such ratio applies only to the $875,000.00 that is eligible for federal participation, it being further understood that all non -participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $875,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non -participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $875,000.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $700,000.00 (For CDOT accounting purposes, the federal funds of $700,000.00 and the Local Agency matching funds of $175,000.00 will be encumbered for a total encumbrance of $875,000.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency's awarded contract is less than the budgeted total of the federal participating funds and the Local Agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 7. A. of this contract. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving more than $750,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $750,000 If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure of $750,000 or more -Highway Funds Only If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure of $750,000 or more -Multiple Funding Sources If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Exhibit C-2 — Page 2 of 2 July 17, 2018 - Page 45 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) EXHIBIT B, SAMPLE OPTION LETTER State Agency Department of Transportation Option Letter Number ZOPTLETNUM Local Agency ZVENDORNAME Agreement Routing Number ZSMARTNO Agreement Maximum Amount Initial term State Fiscal Year ZFYY_1 Extension terms State Fiscal Year ZFYY_2 State Fiscal Year ZFYY_3 State Fiscal Year ZFYY_4 State Fiscal Year ZFYY_5 Total for all state fiscal years $ ZFYA_1 $ ZFYA_2 $ ZFYA_3 $ ZFYA_4 $ ZFYA_5 $ ZPERSVC_MAX_ AMOUNT Agreement Effective Date The later of the effective date or ZSTARTDATEX Current Agreement Expiration Date ZTERMDATEX 1. OPTIONS: A. Option to extend for an Extension Term B. Option to unilaterally authorize the Local Agency to begin a phase which may include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads) and to update encumbrance amounts (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). C. Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). D. Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). E. Option to update a Phase Performance Period and/or Modify OMB Uniform Guidance Information. 2. REQUIRED PROVISIONS: Option A In accordance with Section 2, C of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning on (insert date) and ending on the current contract expiration date shown above, under the same funding provisions stated in the Original Contract Exhibit C, as amended. Option B In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply — Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously budgeted funds for the phase based upon changes in funding availability and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.). Option C In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Exhibit B — Page 1 of 2 July 17, 2018 - Page 46 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) Option D In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply — Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase based upon changes in funding availability and authorization; and 3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following language must be included on ALL options): The Agreement Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above. Option E In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to update a Phase Performance Period and/or Modify OMB Uniform Guidance Information. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. 3. OPTION EFFECTIVE DATE: The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS: State of Colorado: John W. Hickenlooper, Governor By: Date: Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. State Controller Robert Jaros, CPA, MBA, JD By: Date: Exhibit B — Page 2 of 2 July 17, 2018 - Page 47 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) EXHIBIT L, SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT ANY CDOT SUBRECIPIENT RISK ASSESSMENT Date: Name of Entity {5ubrecipient): Name of Project/ Program: Estimated Award Period: Entity Executive Director or VP: Entity Chief Financial Officer: Entity Representative for this Self Assessment: instructions: (Sea "instructions" tab for more information) 1. Check only one box for each question. All questions are required to beanswered. 2. Utilize the "Comment" section below the last question for additional responses. 3. When complete, check the box at the bottom of the form to authorize. Yes No N/R EXPERIENCE ASSESSMENT Yes Ko NIA 1 Is your entity new to operating or managing federal funds (has not done so within the past three yearn? ❑ ❑ 2 Is this funding program new for your entity {managed for less than three years)? Examples of funding programs include CMAQ, TAP. STP -M, etc. ❑ ❑ 3 Does your staff assigned to the program have at least three full years of experience with this federal program? ❑ ❑ MONITORING/AUDIT ASSESSMENT Imo No am 4 Has your entity had en on-site project or grant review from an externa] entity (e.g., COOT, FHWA) within the last three years? I I ❑ ❑ 5 a) Were there non-compliance issues in this prior review? [1 ❑ ❑ b) What were the number and extent of issues in prior review? El 1to2 I—1 ', ❑ OPERATION ASSESSMENT res Na NIA 6 Does your entity have a time and effort reporting system in place to account for 100%of all employees` time, that can provide a breakdown of the actual time spent an each funded project? If No, in the comment section please explain how you intend to document 10696 of hours worked by employees and breakdown of time spent on each funding project. 7 FINANCIAL ASSESSMENT Yes Ho NIA 7 a) Does your entity have an indirect cost rate that is approved and current? ❑ b) If Yes, who approved the rate, and what date was it approved? 8 Is this grant/award 10%or more of your entity's overall funding? 0 azo% 0 e20% 9 Has your entity returned lapsed` funds?'Funds "lapse" when they are no longer available for obligation. I I ❑ ❑ 10 Has your entity had difficulty meeting local match requirements in the last three years? ❑ 0 0 11 What is the total federal funding your entity has been awarded for the last federal fiscal year, and what is your entity's fiscal year end? Exhibit L — Page 1 of 3 July 17, 2018 - Page 48 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) INTERNAL CONTROLS ASSESSMENT res No NIA 12 Has your entity had any significant changes in key personnel or accounting system{s} in the last year? (e.g., Controller, Exec Director, Program Mgr, Accounting Mgr, etc.) If Yes, in the comment section, please identify the accountingsystem(s), and/or list personnel positions and identify any that are vacant. ❑ ■ 13 Daes your entity have financial procedures and controls in place to accommodate a federal -aid project? ❑ • 14 Does your accounting system identify the receipts and expenditures of program funds separately for each award? 15 Will your accounting system provide for the recording of expenditures for each award by the budget cost categories shown in the approved budget? ❑ ■ 16 Does your agency have a review process for all expenditures that wilt ensure that all costs are reasonable, allowable and allocated correctly to each funding source? if Yes, in the comment section, please explainyour current processor reviewing costs. 1 1 ❑ ❑ 17 How many total FTE perform accounting functions within your organization? I 1 a6 Ll 2to5 Li <2 IM PACT ASSESSMENT Yes No NIA 18 For this upcoming federal award or in the immediate future, does your entity have any potential conflicts of interest* in accordance with applicable Federal awarding agency policy? if Yes, please disclose these conflicts in writing, along with supporting information, and submit with this form. ( "Any practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Subrecipient's obligations to theState.) ❑ ❑ 19 For this award, has your entity disclosed to COOT, in writing, violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the award? Response options: YES = Check if have one or more violation(s) and hove either disclosed previously to CDOT or as part of this form. In the comment section, list all violations with names of supporting documentation and submit with this form. NO = Check if have one or more violations) and have not disclosed previously or will not disclose as part of this form. Explain in the comment section. N/A = Check if have no violations. ❑ ❑ PROGRAM MANAGEMENT ASSESSMENT Yes No NIA 20 Does your entity have a written process/procedure or certification statement approved by your governing board ensuringcritical project personnel are capable of effectively managing Federal - aid projects? if Yes, please submit with thisform. 21 Does your entity have written procurement policies or certification statement for consultant selection approved by your governing board in compliance with 23 CFR 172*? if Yes, please submit with this form. 1 The Brooks Act requires agencies to promote open competition by advertising, ranking, selecting, and negotiating contracts based on demonstrated competence and qualifications, at a fair and reasonable price.] n 22 a) Is your staff familiar with the relevant CDOT manuals and federal program requirements? P1 ❑ ❑ bj Does your entity have a written policy or a certification statement approved by your governing board assuring federal -aid projects will receive adequate inspections? if Yes, please submit with this form. P1 ❑ • c) Does your entity have a written process or a certification statement approved by your governing board assuring a contractor's work will be completed in conformance with approved plans and specifications? if Yes, please submit with this form. Pi • • Exhibit L — Page 2 of 3 July 17, 2018 - Page 49 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) d} Does your entity have a written policy or certification statement approved by your governing board assuring that materials installed on the projects are sampled and tested per approved processes. if Yes, please submit with this form. e) Does your entity have a written policy or certification statement approved by your governing board assuring that only U5 manufactured steel will be incorporated into the project (Buy America requirements }7 If Yes, please submit with this form. Comments - As needed, include the question number and provide comments related to the above questions. Insert additional rows as needed. El By checking this box. the Executive Director, VP or Chief Financial Offker of this entity cert! les that all ®® Tool ver,iae: Information provided an this form Is tree and correct. vi 0(041516) Exhibit L — Page 3 of 3 July 17, 2018 - Page 50 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) EXHIBIT M, OMB Uniform Guidance for Federal Awards Subject to The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Uniform Guidance"), Federal Register, Vol. 78, No. 248, 78590 The agreement to which these Uniform Guidance Supplemental Provisions are attached has been funded, in whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the agreement or any attachments or exhibits incorporated into and made a part of the agreement, the provisions of these Uniform Guidance Supplemental Provisions shall control. In the event of a conflict between the provisions of these Supplemental Provisions and the FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38 1.2. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. "Federal Award" also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. 1.3. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient. 2 CFR §200.37 1.4. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252. 1.5. "Grant" or "Grant Agreement" means an agreement setting forth the terms and conditions of an Award. The term does not include an agreement that provides only direct Federal cash assistance to an individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services for the direct benefit of use of the Federal Awarding Agency or Recipient. 2 CFR §200.51. 1.6. "OMB" means the Executive Office of the President, Office of Management and Budget. 1.7. "Recipient" means a Colorado State department, agency or institution of higher education that receives a Federal Award from a Federal Awarding Agency to carry out an activity under a Federal program. The term does not include Subrecipients. 2 CFR §200.86 1.8. "State" means the State of Colorado, acting by and through its departments, agencies and institutions of higher education. 1.9. "Subrecipient" means a non -Federal entity receiving an Award from a Recipient to carry out part of a Federal program. The term does not include an individual who is a beneficiary of such program. 1.10. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and A- 133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 1.11. "Uniform Guidance Supplemental Provisions" means these Supplemental Provisions for Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing guidance from relevant Federal agencies or the Colorado State Controller. 2. Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance, including but Exhibit M — Page 1 of 5 July 17, 2018 - Page 51 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such provisions automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. Procurement Standards. 3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 4. Access to Records. Subrecipient shall permit Recipient and auditors to have access to Subrecipient's records and financial statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass-through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of performance), and Subpart F -Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5). 5. Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient's fiscal year, Subrecipient shall procure or arrange for a single or program -specific audit conducted for that year in accordance with the provisions of Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR §200.501. 5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in accordance with §200.507 (Program -specific audits). Subrecipient may elect to have a program -specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Recipient. A program -specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program -specific audit. 5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Part F -Audit Requirements. Exhibit M — Page 2 of 5 July 17, 2018 - Page 52 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) 6. Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant Agreement. 6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Exhibit M — Page 3 of 5 July 17, 2018 - Page 53 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) the contractor may request the United States to enter into such litigation to protect the interests of the United States." 4.2 Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. 4.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 4.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 4.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 4.6 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 7. Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or Exhibit M — Page 4 of 5 July 17, 2018 - Page 54 of 204 ATTACHMENT A, Amendment #1, Project TAP 0702-376 (21752) activity was completed or the level of effort was expended. 2 CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 8. Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 9. Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2 CFR §200.110. The procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F -Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014. 10. Performance Measurement The Uniform Guidance requires completion of OMB -approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards. Section 200.301 provides guidance to Federal agencies to measure performance in a way that will help the Federal awarding agency and other non -Federal entities to improve program outcomes. The Federal awarding agency is required to provide recipients with clear performance goals, indicators, and milestones (200.210). Also, must require the recipient to relate financial data to performance accomplishments of the Federal award. Exhibit M — Page 5 of 5 July 17, 2018 - Page 55 of 204 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: NWCCOG Member Letter to Colorado Delegation about USFS Funding ATTACHMENTS: Description Letter to Colorado Delegation about USFS Funding July 17, 2018 - Page 56 of 204 koLoicit o ovBftNAhfNTy^'" MEMBER JURISDICTIONS City of Glenwood Springs City of Steamboat Springs EAGLE COUNTY Avon Basalt Eagle Gypsum Minturn Red Cliff Vail GRAND COUNTY Fraser Granby Grand Lake Hot Sulphur Springs Kremmling Winter Park JACKSON COUNTY Walden PITKIN COUNTY Aspen Snowmass Village SUMMIT COUNTY Breckenridge Blue River Dillon Frisco Montezuma PO Box 2308 • 249 Warren Ave • Silverthorne, CO 80498. 970-468-0295 • Fax 970-468-1208 • www.nwccog.org July 26, 2018 (Only address to one at a time, show CC of others at bottom) Senator Cory Gardner Senator Michael Bennet Congressman Jared Polis Congressman Scott Tipton Dear Congressmen (Last Name), Thank you for your recent efforts to provide a "fire funding fix" to the United States Forest Service (USFS) fire formula. The escalating cost of fighting fire has imperiled the operational effectiveness of the USFS in recent years, and impaired the organization's ability to manage the national forests as premier public assets and multi -use natural resources. Municipalities and counties in the northwest Colorado region adjacent to the White River National Forest (WRNF) know how important active management of forest assets is to public safety, and local economies, and to the sustainability of hosting nearly 15 million year-round visitors annually. We coordinate very closely with the 5 WRNF ranger districts and are concerned that without further Congressional engagement to shepherd this fire funding fix "dividend" back into front country recreation programs and forest management (including fire mitigation) that success may be squandered. In spite of Good Neighbor investment by local communities, we believe that decreased USFS funding has meant that the National Forests often fail to match the high management standards expected by our local communities. This places the natural resource and the visitor experience at risk. Our mountain communities invest heavily in creating a world-class experience on our local public trails, parks and open spaces. We have strived in high country Colorado, as Wallace Stegner challenged Westerners to do, "to create a society to match our scenery." Many local jurisdictions have been backfilling USFS staffing budgets for a variety of front country ranger roles which were fully funded by the USFS not so long ago. Lately the forest isn't being managed to match our society. As an example, one WRNF Ranger District recently announced closure of two campgrounds with the possibility of more closures. That district is spending 14% of what it was a decade ago on front country recreation management, and this summer only has one full-time seasonal employee. In 2008, that district funded 7 FTE dedicated to front country management. A difference in investment, $270,000 in 2008 to $40,000 in 2018, contrasts with a steep increase in user days during all seasons, including a housing affordability problem impacting nearby forests while broad forest health issues go largely unmitigated. The lack of field -level management places those lands at increased risk for fire and being loved -to -death. It is distressing that the #1 most visited National Forest in the nation, which sends $24,000,000 in revenues from skier area fees annually to the Federal Government, can only afford to fund one seasonal ranger to manage one of the busiest recreation programs in the nation. Though the Ski Area Retention bill highlights one key relationship with ski areas that is undermanaged, and would keep revenues from skier area fees local, we believe is too narrowly focused a solution to address the manifold operational challenges facing the WRNF and other heavily impacted national forests. July 17, 2018 - Page 57 of 204 • USFS Funding Letter Page 2 of 3 • Jurisdictions in the Northwest Colorado Council of Governments region are adjacent to the Medicine Bow-Routt National Forest, the Arapaho and Roosevelt National Forest, the Pike and San Isabel National Forest, the Gunnison National Forest as well as the White River National Forest which is the specific subject of this letter. Restoring funding is important to communities, large and small adjacent to each of these National Forests. The counties listed below have been good neighbors to the WRNF by dedicating significant resources to the USFS and partner entities like the Rocky Mountain Youth Corps that do work on the national forests. Investments include fire mitigation activities on private and public properties adjacent to National Forest and assisting in enforcement during high wildfire risk seasons. These efforts are in addition to those captured in this table below, which lists some examples of direct investment to backfill WRNF staffing in recent years, including: Summit County (2018) (8 entities) Garfield County (2015 - 2017) Pitkin County (2014-2018) Eagle County entities (prop for 2019) $86,000/year Seasonal USFS patrol, fire prevention $5,000-$22K/year Supplemental staffing for Hanging Lake $9,000-$78,000/year Trail, forest treatment, prescribed fire $0 -$147,000/year Front Country Ranger Program Despite these close relationships and willingness to provide municipal and County resources to help manage recreation programs, it is worth noting that this "bake sale" approach to USFS management cannot last forever. These communities will always be good neighbors, but as markets rise and fall, it cannot be said for certain whether such financial capacity will continue. These lands are enjoyed by people from across the country. A well -funded Forest Service is a federal responsibility. We urge the Colorado Congressional delegates representing USFS lands to advocate with the Appropriations Committee to increase the USFS funding to key management areas mentioned above, to weigh in on this matter with Secretary Purdue, and to consider amending or replacing the Ski Area Retention Bill with a broader solution that restores funding and operational effectiveness to district rangers across all forests. Thank you for your consideration. Karn Stiegelmeier, NWCCOG Council Chair Date Jeanne McQueeney, Eagle County Chair Date Dan Gibbs, Summit County Chair Date Eric Mamula, Town of Breckenridge Mayor Date Anne McKibbin, Town of Eagle Mayor Date Philip Vandernail, Town of Fraser Mayor Date July 17, 2018 - Page 58 of 204 • USFS Funding Letter Page 3 of 3 • Dave Chapin, Town of Vail Mayor Date CC: (only 3 will be cc'ed) Senator Cory Gardner Senator Michael Bennet Congressman Jared Polis Congressman Scott Tipton July 17, 2018 - Page 59 of 204 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from June 5, 2018 meeting ATTACHMENTS: Description Minutes from June 5, 2018 meeting TOWN OF 1 X41 July 17, 2018 - Page 60 of 204 Vail Town Council Meeting Minutes Tuesday, June 5, 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 Taylor Gardarian, local resident, requested town council draft a letter supporting a gondola from West Vail to Eagle's Nest on Vail Mountain. John McMurtry, Colorado Snowsport Museum invited town council to attend the June 23 ribbon cutting of the newly renovated museum and thanked the town for its financial support. Caitlyn Murray and Jason Denhart, with Bravo! Vail, made introduction in their new roles as Executive Director and Vice President of Business Development. They thanked the town council for their support of Bravo! Vail and noted they would return with a preview of the upcoming season at the next meeting. 2. Consent Agenda 2.1. Minutes from May 1, 2018 meeting Moffet moved to approve the May 1, 2018 minutes; Foley seconded the motion and it passed (7-0). 2.2. Minutes from May 15, 2018 meeting Moffet moved to approve the May 15, 2018 minutes; Foley seconded the motion and it passed (7-0). 2.3. Resolution No. 21, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Regarding Collection of Sales Tax on Vehicles Sold and Registered in the Town of Vail; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 21; Foley seconded the motion and it passed (7-0). Town Council Meeting Minutes of June 5, 2018 Page 1 July 17, 2018 - Page 61 of 204 2.4. Resolution No. 22 Series of 2018, A Resolution to support a partnership between the Town of Vail and ChargePoint, Inc. on the Alt Fuels Colorado DC Fast Charging Corridors Grant Program Moffet moved to approve Resolution No. 22; Foley seconded the motion and it passed (7-0). It was noted that Staff recommended the arrangement with Chargepoint, Inc. establishing a partnership for their application to the Alt Fuels Colorado DC Fast Charge Corridor Grant Program as this particular vendor is the preferred one on the 1-70 corridor. 2.5. Resolution No. 23, Series of 2018, A Resolution Approving a Mutual Aid Agreement Between the Town of Vail and Summit Fire and EMS Regarding Emergency Assistance; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 23; Foley seconded the motion and it passed (7-0). 3. Town Manager Report 3.1. Summer Parking Update Presenter(s): Greg Hall, Public Works Director Hall has presented an update about the impacts on summer parking with the change in charges to overnight parking. He presented an exempted lodging parking map that depicted the lodge locations that are currently eligible for any overnight stay voucher, parking at "no charge". There was some discussion about providing information to the restaurants/bars about the town's program to leave your car in the parking structure at no charge if one is unable to drive; staff would be proactive about sending the message to the business community (restaurants especially). There was also a request to keep the counts about how many vouchers are provided the guests. The program will be evaluated at the end of the season by the parking task force and town council members. Other updates: Krista Miller, Human Resources & Risk Management Director, presented an update about the recently installed acoustical panels installed to assist with the quality of sound in the meeting room. She also presented a device that would assist with the audio quality. Mark Novak, Fire Chief, reported on the fire occurring in southwest Colorado noting that four Vail firefighters are assisting over the next couple of weeks. He noted he would present an update about July 4 fireworks at the June 19 meeting. 4. Presentations / Discussion 4.1. 2018 Open Lands Plan Update (PEC17-0049) Presenter(s): Chris Neubecker, Interim Community Development Director, and Tom Braun, Braun & Associates Action Requested of Council: The Town Council is requested to consider a proposed update to the 1994 Comprehensive Open Lands Plan, pursuant to Section 12-3-7, Amendment, Vail Town Code. Background: The current Open Lands Plan is 24 years old, and needs updating. The goal of the planning process was to update the 1994 Comprehensive Open Lands Plan to provide a Town Council Meeting Minutes of June 5, 2018 Page 2 July 17, 2018 - Page 62 of 204 framework for effectively implementing actions to achieve Vail's goals for the preservation of open lands, the development of trails, and the use of town lands. On April 26, 2018 the Planning and Environmental Commission voted 5-0 to recommend that the Town Council adopt the 2018 Open Lands Plan Update, as presented. Tom Braun, Braun Associates, Inc. noted the evening's presentation would be broad and general and additional meetings would allow an opportunity to review more of the details of the Comprehensive Open Lands Plan. His presentation addressed some of the following components: Need for Update and Planning Process, Overview of 2018 OLP Update, PEC Review, Key Discussion Points. See town council packet materials for full presentation. Council requested that each Action Item be reviewed separately at a future meeting. The table below shows the Action Plan and Implementation Steps: SUMMARY OF RECOMMENDED IMPLEMENTATION STEPS v Bryk Proof ans - Town stall to meet annuary will Ute Tiow1 Council to devise pnorrthes and establish a work program and budr el rev implementing the goals of the Open Lands Plan. Environmentally Sensitive LariiS Designated Open Space Board or Trustees - Assign members to, and reconvene, this Board. Desronaled Ween Soar — With assistance from a Citizens Task Force, analyze the 25 parcels MC currently qualify to be Designated Open Space and make recornmendaUons err wt, icn parcels, if any, should be ccnsrdered for designated Evaluate the Designated Open Space process to identify potential Charter amendments that could irinpn' a the effectiveness of the Program. - With aas&tance from a Citizens Tall Force, evaluate the appropriateness of eslabllshrlg conservation easements cn Tarm-owned lands and identity (ands Mal colla benefit from prolecticn by conservation easement Ac1iOn Plait - Reach Out to Owners Or environmentally Sensitive ]ands rlderitfied kr aCquiSibOn Or ProteCtiorl On the Apron Plan, iOrulor the availability di acmh parcels. Town-OwlLandUs of Lairds Biodiversitw - 'whale a cornprenerssr+e Study of WOO'S porltaulirlg impoitar t bit)OhierSEly walu2S, such as vegelaOOrr, 34:1u313C reSOlrceS, npanan and wildlife habitat, to understand existing coriditlons to identify programs lor the enhancement of these resources. Develop (arrrral Policies for the managemerrt_of Town- eri rsds far bindiyersity _ Maintenance or Town -owned Lands - Develop a program for rnallterrance Of the TOwn•S Open IandS, Open Spate and Iraila Identify b.'ldin4 requirrrenIs for such programs. *Vire and Safety - Coordinate the efforts of Val Fre & Emergency Services 10 manage veeetatiOn to minimize the potential Ihreat Of 'Idrrre in and around Val with other Towyn management efforts. Acton Plan - Reach out 10 owners Of parcels indenbtied for abluishon do the Action Flan, rnorlitor VIP. awalablllty 01 Such parcels. LEM Public Education • tmplernerit a public education program addressing how trail use affects wildlife, the Inponance of respecting trait Cbfsure$. and how 10 IN reSpeCtful and Sefl$ f +e i0 wilire re$Our#e$ when vain; trait$ Wilkie Habitat Ennancement - Work with Colorado Parks and Wddhre and the United Slates Forest Service to collaborate on programs to enhance wildlife habits'. Seasonal Trait Clauses - W0rk w1i! Goloradp Parks and 'Arildlire a2x1 tfse Unites: Stales Ryes; Service to ir pia e0 tOrnpliar. to wr.r seas0rs31 cklStires via education, enforcement arta installation of gates at Irailllaads. Trails Plan - Initiate a ccrnprehens ve trails plan process lo iiClude the evaluation and runner study of trail ideas identified in this Plan and a comprehensive environmental and wilrife analysis to be used In future declsson-making regarding any new Ualt development. Trail-lree Zones - As an elernenl of the comprehensive environmental and wildlife analysis, refine the record mended trarl-free zones identified on the Conceptual Trails Plan and coordinate with the United Stales Forest Service on actions that could be taken l0 establish (rail. tree zones ;Actin Plait - As may be necessary depending upon the outcome of detailed teal planning, reach out lo owners of parcels indertifiied for the aCgLa„ition Of ea$ement$ necessary ?Or trail develOpmerrl lCollaborations - As may be apprapnale, coordinate wtr other organizalms such as Vail Resorts and Eagle County on the planning and evaluation of potential new trails. Community Outreach • Establish outreach prcgrams targeted to both locals and visitors to provide information on trail use, trail etiqueda and trail OppOruni'tie9 in the area ISionade and Wayfindinq- Evaluate existing signage, «ayrrnding and maps and prepare a cornpreheriswe program for improving signage. Existing Trailhead$ - Work t e United Staten Forest Swine on the maintenance intent elenstmg della lila 1raiheads. involve other Staker101deis in tills obit Town Council Meeting Minutes of June 5, 2018 Page 3 July 17, 2018 - Page 63 of 204 Other highlights from Braun's presentation included: ✓ Lands divided up into 1) environmentally sensitive lands, town -owned lands, use of lands, trails, and action plan steps ✓ Top priority was protection of the lands ✓ Identified 16 environmentally sensitive land parcels for acquisition or protection ✓ Consider use of "conservation easements" and expanded use of designated open space ✓ Trails were a priority with public discussions and great sensitivity to wildlife and the environment was a priority ✓ Related to trails were numerous recommendations which included 1) trail -free zones, 2) public outreach/education; 3) enforcement of seasonal trail closures, 4) habitat enhancement ✓ Identified some criteria when evaluating trail idea concepts Mayor Chapin invited public comment at this time. Bill Hoblitzell, resident of Minturn and Vail Valley Mountain Bike Association, thanked and praise town staff and Tom Braun for their efforts with the process and plan and noted his support of the draft document. Jim Daus, Executive Director, Eagle Valley Land Trust, expressed appreciation to those working on the updates including all the stakeholders; he spoke about the role of the land trust and conservation easements. He noted several discrepancies with the language and offered to assist in getting clarity on what their group offers. Pete Seibert, Jr. 2381 Upper Traverse Way, expressed appreciation to those involved in the project and asked about how to get from the silver to gold with the mountain biking designation. He requested that the vision of the trails be defined, that there is a process that protects the wildlife and the user, and that there is a developed protocol and process for reviewing trails and this needs to be consistent, Including existing social trails — i.e. the Vail trail. Chapin noted there would be more detailed council review and discussion as well as public input allowed with the upcoming summer meetings. There next discussion would occur June 19 at which time a proposed "roadmap" for the review process would be presented. 5. Action Items 5.1. Exploratory Discussion for Survey Concerning Natural Area Preservation Rezoning (Middle Creek Subdivision) Presenter(s): George Ruther, Housing Director Action Requested of Council: Does the Vail Town Council authorize the expenditure of up to $7,500 to complete a more in depth analysis of the Tract A, Middle Creek Subdivision property to obtain additional objective information and data? Background: On April 17, 2018, the Vail Town Council instructed staff to return to a future Town Council meeting with an estimated cost to obtain more in depth objective information on the property. Based upon initial probable cost estimates, up to $7,500 will be required to obtain the next level of information. Town Council Meeting Minutes of June 5, 2018 Page 4 July 17, 2018 - Page 64 of 204 Staff Recommendation: If the Vail Town Council wishes to better understand the feasibility of residential development on the property in question, the town staff recommends the Town Council authorizes the expenditure as requested to obtain additional objective information and data. Ruther presented the information that would help council determine if they wanted to move forward with some exploration on a certain property; getting more objective data about the land and development feasibility. Council provided some comments as follows: ✓ concern about spending the money to even consider rezoning the preservation area; why would the town do this ✓ concern about moving forward with a review of only one location ✓ include this as part of the open lands plan update discussion ✓ review all natural area preservation properties at the same time ✓ having more info about parcels is better than not knowing anything about the parcels Langmaid moved to authorize the expenditure of up to $7,500 to complete a more in depth analysis of the Tract A, Middle Creek Subdivision property to obtain additional objective information and data? Mason seconded the motion. Chapin invited public comment. Diana Donovan, resident, explained that the property was zoned NAPD to protect the land from development and development should not be an option on that site. Encourages the town council to keep the balance and protect the lands that have been zoned accordingly. The motion passed (4-3); Coggin, Foley, Langmaid, Mason supported the motion; Chapin, Moffet, Bruno opposed the motion). 5.2. Town of Vail Resale Lottery Criteria Process Amendments — VLHA recommendation to Vail Town Council Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Chair, Vail Local Housing Authority Action Requested of Council: Approve the resale lottery process as recommended and instruct staff to return to the Vail Town Council public hearing on June 19th with a resolution adopting the Town's resale lottery process for 2018. Background: The Town's resale lottery process has remained unchanged for nearly 20 years. During that time, many factors affecting housing and the resale lottery process have changed. As a result, the Vail Town Council sought the advice of the Vail Local Authority on how best to amend the resale lottery process. This agenda item identifies the amendments, enhancements and improvements recommended by the Vail Local Housing Authority. Staff Recommendation: The Town of Vail Housing Department recommends the Vail Town Council provide instruction on how best to address lottery participation by owners of free market residential property and instruct staff to return to the Town Council meeting on June 19th with a resolution adopting proposed amendments to the resale lottery process. George Ruther presented the agenda topic. Mary McDougall VLHA, was also present for the discussion. Some of the topics discussed are outlined below, per the memo. Town Council Meeting Minutes of June 5, 2018 Page 5 July 17, 2018 - Page 65 of 204 The Vail Local Housing Authority recommends the following point system: ❑ Meet minimum lottery participation criteria = 1 lottery ticket ❑ Vail resident = 1 lottery ticket ❑ Vail resident for equal to or greater than 5 years = 1 lottery ticket ❑ Employed in Vail = 1 lottery ticket ❑ Employed in Vail for equal to or greater than 5 years = 1 lottery ticket Maximum Total 5 lottery ticket There was also some discussion about the ability to participate in a resale lottery and purchase a deed -restricted home, if selected, should the applicant presently own free-market residential property in Eagle County. There was general consensus that the participation in the lottery should not be curtailed or otherwise limited. Vail InDEED participants are eligible for participation. The unresolved question was whether a lottery winner could own multiple deed -restricted properties, assuming the terms of the deed restrictions could be met. Possible answers to this question included the 3 options below; there was support for the first suggestion: 1. No, the winner must sell the free-market property prior to taking possession of the deed - restricted home. 2. Yes, if the winner agrees to deed -restrict the free market property, subject to Town Council acceptance, prior to entering the lottery. 3. Yes, if the winner deed -restricts the free market property, subject to Town Council acceptance, prior to taking possession deed -restricted property and maintain ownership of both properties. To facilitate the discussion, it may be helpful for the Town Council to provided answers to the following questions: With general agreement about the recommendations, staff noted they would return on June 19 with the final lottery criteria. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 8:15 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of June 5, 2018 Page 6 July 17, 2018 - Page 66 of 204 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report PRESENTER(S): Greg Clifton, Town Manager ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 July 17, 2018 - Page 67 of 204 TOWN OF511.) 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - July 3rd TOWN COUNCIL MEETING TOPICS Emerging Technologies Retreat Schedule Feedback re Wildfire Fighting Community Development Director Future Council Presentations Update re Safe Passages for Wildlife site tours Town Manager's Office 970.479.2106 970.479.2157 fax Discussion of Emerging Technologies — Autonomous Vehicles As noted in the previous report, one of the sessions at the CML conference was presented by Mr. Rutt Bridges, Executive Director of Understanding Disruption. The session was entitled AUTONOMOUS VEHICLES: THE DISRUPTION OF DRIVERLESS MOBILITY. Focus was given to the rapidly arriving new technologies related to autonomous vehicles, and the impact (positive and negative) that these innovations may have upon mobility, car ownership, infrastructure, and of course, local communities. In reaching out to Mr. Bridges he has graciously agreed to present to the Vail Town Council during the regular meeting on August 7th, in the evening. He is doing so at his own cost, but we will provide lodging to help offset his expenses. In preparation for this presentation, we will be inviting public officials from our neighboring jurisdictions to attend, as the topic should be of high interest to many. A bio for Mr. Rutt Bridges is found at https://staticl .sq uarespace.com/static/595f9f95893fc044809d7551 /t/5a8dede991 40b742729c4dc3/1519250922549/Rutt+Bridges+Bio. pdf Retreat Schedule There are retreats with the Town Council in August. The Budget Retreat will occur during a regular Council meeting, August 21St, at the Grand View. This will be an afternoon retreat involving Council and the leadership team, and may be facilitated. The retreat will involve some check-in at the beginning, discussing meeting protocol, policy, and Council/staff relations, followed by some in-depth discussion of budget (fiscal policy, projections, five-year capital plan, calendar, and related). The date of the second retreat, with Vail Resorts, is set for August 27th, which is a Monday. Stay tuned for agenda details. July 17, 2018 - Page 68 of 204 Feedback re Fire Fighting Assistance A copy of a recent message from Pitkin County Dispatch is pasted below. We will arrange for a comprehensive summary by our Fire Department Chief, Mark Novak, regarding this season's events and specifically the Town of Vail's resource sharing related to regional and statewide fires. You can expect this to happen at the end of summer. From: Brett Loeb[mailto:brett.loeb©pitkin911.org] Sent: Tuesday, July 10, 2018 1:38 PM To: Marc Wentworth Cc: APCCC email Subject: Thank You and Great Work! Hey Marc - Could you pass this on to your crew? Thanks! Hi VPSCC - We know you are already on to your next fire, but we wanted to take a moment to thank you for all of your help, and great work, with Lake Christine. It is incredibly reassuring to know, no matter how crazy we get over here, you always have our backs! The way we worked together during this fire, especially during the first few days, to ensure a consistent message with our alert systems, was a thing of beauty! A relationship like this is rare in our profession, and we are grateful to have it with you - we are proud to be your partners and friends! Keep fighting the good fight with the latest fire and know that we are here for you if you need anything! Brett Loeb Emergency Communications Director Pitkin County Regional Emergency Dispatch Center 43 Sage Way Aspen, CO 81611 Office (970) 315-2184 Cell (970) 471-5237 cA+n4r Status of Community Development Director Recruitment There are two panels, comprised of a few members of our leadership team, and representatives of the PEC, the DRB, and the Building Appeals Board, that have assisted in deriving the shortlist of candidates. The panels will further assist in the personal interviews occurring on Monday, July 161h Town Manager's Report Page 2 July 17, 2018 - Page 69 of 204 Future Council Presentations Eagle River Youth Collaborative As previously noted, on Friday, June 151h, I met with Mikayla Curtis with Eagle River Youth Coalition to talk about the Eagle County Youth Master Plan. She will be presenting to you on August 7th CDOT Also noted, on Friday, June 22nd, at CDOT's request, we had a meeting with the Executive Director of CDOT, Michael Lewis, and his chief engineer, Josh Laipply. The topic of the meeting was 1-70 and specifically how the interstate integrates with the Town of Vail, presently, and possibilities for future improvements that may involve decking or tunneling. I have reached out to schedule a face-to-face with the Town Council and they have graciously agreed. The date is pending. Stay tuned. Update re Safe Passages for Wildlife site tours (To be verbally provided by Kristen Bertuglia during Council Meeting) Town Manager's Report Page 3 July 17, 2018 - Page 70 of 204 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Draft 2018 Open Lands Plan PRESENTER(S): Chris Neubecker, Interim Community Development Director ACTION REQUESTED OF COUNCIL: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update, specifically Chapter 3, Town Owned Lands and Use of Lands. As part of this meeting, Staff will also follow up with Town Council on the issues that were mentioned at the July 3, 2018 meeting on Chapter 2, Environmentally Sensitive Lands. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council provide feedback on any elements of the Town Owned Lands and Use of Lands (Chapter 5) section of the draft 2018 Open Lands Plan Update that may need to be modified. ATTACHMENTS: Description Draft 2018 Open Lands Plan Update - Staff Memo Draft 2018 Open Lands Plan Update - Attachment A -Presentation from Braun Associates Draft 2018 Open Lands Plan Update - Attachment B - Matrix on Environmentally Sensitive Lands July 17, 2018 - Page 71 of 204 TOWN OF vain Memorandum TO: Town Council FROM: Community Development Department DATE: July 17, 2018 SUBJECT: An update to the 1994 Comprehensive Open Lands Plan, pursuant to Section 12-3-7, Amendment, Vail Town Code. (PEC17-0049) Applicant: Town of Vail, represented by Braun Associates, Inc. Planner: Chris Neubecker I. Purpose The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update, specifically Chapter 3, Town Owned Lands and Use of Lands. As part of this meeting, Staff will also follow up on issues that were mentioned at the July 3, 2018 meeting on Chapter 2, Environmentally Sensitive Lands, including answers to Council questions, summarizing refinements to the Plan, and addressing Town Council inquiries about the development feasibility of lands. For a copy of the draft 2018 Open Lands Plan Update, please select the following link: https://www.vailgov.com/openlandsupdate 11. Town Owned Lands and Use of Lands The use of Town Lands was a component of the 1994 Comprehensive Open Lands Plan. The 1994 Plan included as one of its objectives to "identify, to the extent possible, future public needs (or needs not currently being met) that will need land." Lands that were successfully acquired and/or developed after completion of the 1994 Plan included the West Vail Fire Station, Chamonix Vail deed -restricted employee housing, Mountain Bell Site (Middle Creek Village employee housing) and Vail Commons (above City Market). The draft 2018 Open Lands Plan Update continues the planning process by identifying vacant properties for potential public uses and community facilities. As part of the planning process, Town staff interviewed Town of Vail department directors in order to identify any public needs for land that could be included in this plan. As a result of the interviews, the following needs were identified: July 17, 2018 - Page 72 of 204 • Employee Housing (Human Resources) • Fire Training Center (Fire Department) • Snow Storage (Public Works) • Solar Farm (Public Works) • Public Parking (Public Works) • Conference Facilities, Theater, and Other Events (Economic Development) During the planning process, 161 Town -owned parcels and 106 private, undeveloped properties were identified and evaluated in order to determine if any of these parcels could be used to meet public needs. Lands that were not deemed appropriate for development were excluded from consideration, including land with excessive slopes or environmentally sensitive lands. During the review, it was assumed that existing land uses on developed lands would remain. For the purposes of this plan, Town Owned Lands and Use of Lands include land already owned by the Town, or other land that could be acquired for some public purpose other than environmental protection or trails, which are discussed in other sections of the draft Plan. Land for environmental protection was discussed at the meeting of July 3, 2018, and lands for Trails will be discussed in a future meeting, tentatively scheduled for August 7, 2018. As a result of the analysis, only eight Town Owned (8) parcels remained, and six (6) other parcels were identified as vacant lands that could be acquired by the Town for public purposes. The eight (8) Town Owned parcels are not viable for development due to existing constraints on size, access, restrictive covenants, or lands that were purchased with Real Estate Transfer Tax (RETT) funds. III. Recommended Action Items and Implementation Steps Chapter 5 of the draft 2018 Open Lands Plan Update includes a list of 28 Action Items for consideration. These Action Items include steps that the Town should take to implement the Plan, including acquisition of lands, acquisition of easements, construction of trails, and/or development or use of public lands or facilities. Action Items in the draft plan relating specifically to Town Owned Lands and Use of Lands include: • Action Item #4 - West Vail Parcels Along Chamonix Lane (3 contiguous parcels — 1.53 acres) ➢ Purpose — Public facility or community use / affordable or employee housing ➢ Action — Acquire parcels ➢ Other Information — Site consist of three parcels zoned Two -Family Primary/Secondary (PS) Residential, that comprise 1.53 acres. Steep terrain on north half of these parcels will limit development potential • Action Item #7 - Old Roost Lodge (1.9 acres) ➢ Purpose — Public facility or community use / affordable housing or employee housing Town of Vail Page 2 July 17, 2018 - Page 73 of 204 ➢ Action — Acquire parcel • Other Information — This 1.76 acre parcel is zoned Public Accommodation (PA) and has Special Development District (SDD) approval for a hotel and affordable housing project. If the approved project does not proceed, the site would be viable for affordable / employee housing or other community needs. • Action Item #9 - Hotel Talisa Tennis Courts (3 acres) ➢ Purpose — Park expansion ➢ Action — Acquire parcel for expansion of Donovan Park • Other Information — This 3.0 acre parcel has three tennis courts that are owned and managed by the Hotel Talisa ownership group. In the event the ownership group was interested in disposing of this parcel, the Town's acquisition could allow for the expansion of Donovan Park for a variety of potential uses. • Action Item #18 — Vail Valley Drive ➢ Purpose — Maintain access to Vail Valley Drive ➢ Action — Acquire portion of parcel that includes Town roadway Other Information — This parcel is owned by the United States Forest Service • Action Item #23 — CDOT Parcel • Purpose — Protect environmentally sensitive portion of parcel, potential for limited residential development ➢ Action — Acquire parcel ➢ Other Information — This 1.78 acre parcel is owned by the Colorado Department of Transportation (CDOT). Bighorn creek bisects the parcel and the parcel is impacted by a debris flow zone. • Action Item #28 - CDOT/Bighorn Parcel (1.8 acres) ➢ Purpose — To maintain access to Bighorn Road ➢ Action — Acquire parcel ➢ Other Information — The parcel is owned by the Colorado Department of Transportation (CDOT) IV. Input form Town Council and Next Steps The Community Development Department requests that the Town Council provide feedback on any elements of the Town Owned Lands and Use of Lands (Chapter 5) section of the draft 2018 Open Lands Plan Update that may need to be modified. Staff will take your suggested plan refinements, and will return with edits during meeting #6. At that time, we will present the final draft of the plan. The next meeting will focus on Trails, currently scheduled with the Town Council on August 7, 2018. Town of Vail Page 3 July 17, 2018 - Page 74 of 204 V. Attachments A. Open Lands Presentation from Braun Associates B. Matrix on Environmentally Sensitive Lands — Evaluation of 16 Action Items Town of Vail Page 4 July 17, 2018 - Page 75 of 204 • } Update to the 1994 Comprehensive Open Lands Plan F ALI July 17, 2018 - Page 76 of 204 ,:}: •{:�, t}• �,.:. 2015 Update to the 1004 Comprehensive Open Lands Plan INTRODUCTION Meeting Of rntroduttionlove rview of the 2018 Open Lands Plan Update Jeerw. fir,. ?018 Meeting 02 Suggested approach to Counddfs review Discussion of Council's general impression of draft Specific quetion%' rommertts of Council • TOP VIEW Meeting #3 Environmentally Sensitive Lands '94 prar], process, results Cvrnmuri ity in put durin this update process 2019 Update process Qvcriicw or Chapter 2 Lands recommended acquisition/protection Methods for protectin sensitive lands Action Iterns/rn plemen tion Steps Implication Vrerationshi of Chapter 2 with rest o the plan Sumrrrary of refinemrnis Vey Thr? 1 Refine Draft FarJaw up as necessary F Meeting #4 Town -Owned Lands 94 plan,. process, results Corn rnunity input during this update process 2018 Update process Overview of Chapter A Existing town rands and rands recommended for potential acquisition Action Items acrd Implementation Steps Implications frclationship of Chapter 3 with rest or the pran Summary of refinements RC+ Meeting #5 Trail's '94 plan, process, results ommunity input during is update process 18 Update process crvicw or C}iapter 4 posed trail ideas/ Os dropped from sideration tion Items and pJementation Steps pl ications/re lation- -up of Chapter 4 with est of the pran Summary of refinements t Refine Draft- Follow raf[ Follow upas necessary Refine Draft Farrow .as necessary APPROVAL } Meeting #6 Presentation of revised place Consideration of resolution for approval 1`lif 'LW 2018 VAJ J_ OPEN LANDS PLAN LilaDATE Town Ceunel Review Process Update to the 1994 Comprehensive Open Lands Plan TOWS OF VAIL July 17, 2018 - Page 77 of 204"f:�.� E,. ... Tonight's Agenda Chapter 2 - Environmentally Sensitive Lands • Follow-up questions from July 3rd • Plan refinements • 16 recommended Action Items Chapter 3 -Town-owned Land and Use of Lands Update to the 1994 Comprehensive Open Lands Plan 7fl n i VIM FAU ! July 17, 2018 - Page 78 of 204 �,.:. nw-up questions from Ally 3rd Action Item #2OILot 5 Bighorn 2^d Addition Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 79 of 204.'L1 =ol nw-up questions from July 3rd Action Item #1 7/Vail Golf Course/Pulis Parcel VAIL VILLAGE, EIGHTH FILING • aY Mid -1960's - Town leases Action Item #17 - land was not included in legal description of lease or conveyance 1984 - Pulis conveys land to Town land from Pulis Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 80 of 204.'L1 Plan Refinements Introduction/what's changed • Add reference to Vail's certification as a Sustainable Destination by the Global Sustainable Tourism Council Management of Town lands • Reinforce need for/importance of Town's on- going management and maintenance of lands Update to the 1994 Comprehensive Open Lands Plan 7fl n i VIM FAU ! July 17, 2018 -Page 81 of 204 t}, �,.:. 16 Recommended Action Items Environmentally Sensitive Lands Evaluate overall development feasibility for each of the 16 parcels • Access • Terrain • Environmental constraints • Zoning • Observations on development feasibility Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l FAU ! July 17, 2018 - Page 82 of 204 �,.:. 16 Recommended Action Items Environmentally Sensitive Lands Environmentally Sensitive Lands Site Evaluation of 16 Action Items Action Item Neighborhood Owner Zoning* Size (Acres) Valuation (2018) Site Access Floodplain Steep Slopes Avalanche Rock Fall Debris Flow Challenges to Development Development Feasibility 2 West Vail/Vail Ridge L. LADNAR INC Resource (Eagle County) 6.36 $ 31,000 No legal access X terrain, site access Very limited 5 Buffher Creek/Vail Heights BRUCE H. ALLEN REVOCABLE TRUST- ETAL Primary/ Secondary 0.41 5 488,780 Yes X X Limited building area, wetlands, flood plain, water body setback Feasible 8 Matterhorn RANCH CREEK DEV LLC Single Family 0.47 $ 578.450 Yes X >40%slope an portion of parcel Feasible 10 Red Sandstone SHAPIRO CONST CO PENSION PLAN Outdoor Recreation 1.39 $ 5,230 Yes X X Nearlythe entire parcel is >40% slope, narrow parcel, zone change Very limited 12 Lionshead EAGLE RIVER WATER & SANITATION DISTRICT Outdoor Recreation 0.33 $ 1,140 Yes X Floodplain, small and narrow parcel, zone change No potential 13 Vail Village VAIL CORP Public Accommodation 0.12 $ 400 Yes X X Parcel sae, floodplain, steep slopes Na potential 17 Golf Course Pulls Outdoor Recreation Yes X X Steep slopes, floodplain, wetlands, water body setback, zone change Very Lim ited . — 19 Booth Falls PEAK SERVICE REALTY Low Denstty Mu 11- Family 0.59 5 20,000 No legal access X X Entire parcel is >40% slope, rockfall, stte access Very Limited 20 East Vail CHLOE HELD MORAN REVOCABLE TRUST Primary/ Secondary 0.65 $ 492,210 Yes X X Majority of parcel within the floodplain, wetlands, rockfall Very Lim Red 21 East Vall BIGHORN MUTUAL SANITATION & RECREATION CO Agricultural and Open Space 2.16 $ 7,560 Yes X Wetlands, zone change Feasible 22 East Vall BEUTEL, CARA Agricultural and Open Space 45.26 $ 226,300 No legal access X X x X X Large parcel, vast majority Is >40% slope, rockfall, avalanche, debris flow hazards, site access, zone change Very Limited 23 East Vail STATE DEPARTMENT OF HIGHWAYS No zoning 1.79 $ 5,550 Yes X X X X 40% slopes on perimeter of parcel, fioodpialn, rockfall, debris flow, waterbody setback, zone change Feasible 24 East Vail VAIL CORP Housing 5.40 $ 1,152,820 Yes x X Steep slopes on perimeter of parcel, rockfall Feasible 24 East Vail VAIL CORP Natural Area Preservation 17.92 $ 62,680 Yes .r X Majority of parcel is >4049 slope, rockfall hazard. zone change Very Limited 25 East Vail RACQUET CLUB OWNERS ASSOC LDMF 2.38 N.A. Yes X X Narrow parcel, steep slopes, water body setback Na potential 26 East Vail MOUNTAIN MEADOW CONDOMINIUM ASSOC NC Residential Cluster 2.94 $ 10,300 Yes X x X Steep slope, avalanche and rockfall hazard Very Limited 27 East Vail DUANNE F. ROGERS REVOCABLE TRUST No Zoning 1.50 $ 6,650 No legal access X X Steep terrain, rockfall, site access. zone change Very Lim Red - 2018 Valuation reflects "Total Actual Valuation" from Eagle County Assessor Office Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! July 17, 2018 - Page 83 of 204 AggrB,''L1 \:. 16 Recommended Action Items Environmentally Sensitive Lands Action Item #2 Update to the 1994 Comprehensive Open Lands Plan Site Characteristics Steep slope No legal access Development Potential: Very Limited TOWN JF VAIt F ALI July 17, 2018 - Page 84 of 204AglipPB 16 Recommended Action Items Environmentally Sensitive Lands Action Item #5 Site Characteristics Floodplain Debris flow Development Potential: Feasible Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 85 of 204.'L1 16 Recommended Action Items Environmentally Sensitive Lands Action Item #8 Site Characteristics Steep slopes Development Potential: Feasible Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! F ALI July 17, 2018 - Page 86 of 204dairVI 16 Recommended Action Items Environmentally Sensitive Lands Action Item #10 , , Update to the 1994 Comprehensive Open Lands Plan Site Characteristics Steep slopes Rockfall Development Potential: Very limited T0IJN JF VAIL July 17, 2018 - Page 87 of 204.'L1 16 Recommended Action Items Environmentally Sensitive Lands Action Item #12 Site Characteristics Floodplain Parcel size Development Potential: No potential Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 88 of 204.'L1 16 Recommended Action Items Environmentally Sensitive Lands Action Item #13 Site Characteristics Floodplain Steep slopes Wetlands Parcel size Development Potential: No Potential Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! F ALI July 17, 2018 - Page 89 of 204AglipPB 16 Recommended Action Items Environmentally Sensitive Lands Action Item #17 Site Characteristics Floodplain Steep slopes Wetlands Development Potential: Very limited Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! F ALI July 17, 2018 - Page 90 of 204AglipPB 16 Recommended Action Items Environmentally Sensitive Lands Action Item #19 Site Characteristics No legal access Steep slopes Rockfall Development Potential: Very limited Update to the 1994 Comprehensive Open Lands Plan July 17, 2018 -Pae 91 of 204.'L1 16 Recommended Action Items Environmentally Sensitive Lands Action Item #20 Site Characteristics Floodplain Wetlands Rockfall Development Potential: Very limited Update to the 1994 Comprehensive Open Lands Plan July 17, 2018 - Page 92 of 204.'L1 16 Recommended Action Items Environmentally Sensitive Lands Action Item #21 Site Characteristics Wetlands Rockfall Development Potential: Feasible Update to the 1994 Comprehensive Open Lands Plan July 17, 2018 - Page 93 of 204.'L1 16 Recommended Action Items Environmentally Sensitive Lands Action Item #22 Update to the 1994 Comprehensive Open Lands Plan Site Characteristics Steep slope Avalanche Rockfall Debris Flow Development Potential: Very limited T0IJN JF VAIL July 17, 2018 - Page 94 of 204.'L1 16 Recommended Action Items Environmentally Sensitive Lands Action Item #23 Site Characteristics Steep slope Debris flow Floodplain Rockfall .:; Development Potential: Feasible Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! July 17, 2018 - Page 95 of 204.'L1 16 Recommended Action Items Environmentally Sensitive Lands Action Item #24 Site Characteristics Steep slopes Rockfall Development Potential: Feasible Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 96 of 204.'L1 16 Recommended Action Items Environmentally Sensitive Lands Action Item #25 Site Characteristics Floodplain Steep slopes Wetlands Development Potential: No Potential Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! July 17, 2018 - Page 97 of 204.'L1 16 Recommended Action Items Environmentally Sensitive Lands Action Item #26 Site Characteristics Steep slopes Avalanche Debris flow Development Potential: Very limited Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l F ALI July 17, 2018 - Page 98 of 204dairVI 16 Recommended Action Items Environmentally Sensitive Lands Action Item #27 Site Characteristics Steep slopes Rockfall Development Potential: Very limited Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 99 of 204.'L1 Town Lands/Use of Lands Background • 1994 Plan • 2018 Update -Community Input • 2018 Update -Process Town Council Comments/Questions Chapter 3 Overview • Approach/format • Main elements Town Council Comments/Questions Key Elements of Chapter 3 • Town land needs and evaluation of Town -owned lands • Evaluation of privately -owned lands • Management of town lands Public Comment Town Council Comments/Questions Update to the 1994 Comprehensive Open Lands Plan T0IJN JF VAIL July 17, 2018 - Page 100 of 204.'L1 Background/1 994 Plan "Purpose of this plan is to identify and develop strategies for acquiring or protecting key remaining open lands in Vail that would be valuable for recreation, protecting sensitive environmental resources, extending or connecting trails, providing adequate neighborhood open space, and creating a small amount of contingent land for unforeseen needs (e.g. employee housing, public facilities)". Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 101 of 204 AigirB,''L1 Background/1 994 Plan Objective - "reserve land for public uses" "The Plan identifies existing open lands in and around Vail and determines the current need for obtaining land for recreation, conservation, trails and public use. The Plan also identifies and analyzes specific parcels of land that can meet these needs" Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 102 of 204 lipPB,''L1 Background/1 994 Plan Public Facilities/Land Needs 1.Public Works expansion 2.VaiI Fire Department 3.VaiI Police Department 4.Eagle County Schools 5.ERWSD 6.VaiI Housing Authority Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 103 of 204.'L1 Background/1 994 Plan Recommendations for Town -owned Lands 1.VaiI Commons 2.274 Beaver Dam Road 3.Garmish Drive lots 4.Donovan Park 5.TractA/BaId Mountain Road 6.Mountain Bell site 7.Berry Creek (Edwards) 8.Vail Chapel parcel Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l FAU ! July 17, 2018 - Page 104 of 204 t}, �,.:. Background/1 994 Plan Acquisition of Privately -owned Lands 1.Hud Wirth property (Chamonix) 2.Cascade Tennis parcel 3.Tract D (Red Sandstone Creek) 4.Holy Cross parcel 5.VR parcel (town shops) 6.Parcel H (USES) Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 105 of 204 lipPB,''L1 Backgroundl2018 Community Input 3 Scoping Meetings • +/-75 participants • 11 "prompts"/3 related to sensitive lands 2 Community Meetings • #1 - "targeted" small group conversations • #2 -presented initial findings Town website portal Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l FAU ! July 17, 2018 - Page 106 of 204 t}, �,.:. Backgroundl201t' community Input Prompt 1 -Town lands and Public Facilities How do you feel about the Town's existing facilities? Satisfactory Adequate (31 responses on topic) 77.4% 22.6% Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l FAU ! July 17, 2018 - Page 107 of 204 t}, �,.:. Backgroundl201r ommunity Input Prompt 2 -Town lands and Public Facilities Are there new facilities that you think could be beneficial to the community? Rec Center 1 6.2% Disc Golf Course 27.0% Parking/Transportation 1 3.5% Center for the Arts 18.9% Housing 8.1% No new facilities 1 6.2% (37 responses on topic) Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir tM l FAU ! July 17, 2018 - Page 108 of 204 t}, �,.:. Background/2018 Community Input Prompt 3 -Town lands and Public Facilities How important is it for the Town to reserve land for future, unforeseen uses/needs? Important 100% (14 responses on topic) Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l FAU ! July 17, 2018 - Page 109 of 204 t}, �,.:. Backgroundl2018 Community Input Prompt 4 -Town lands and Public Facilities Should Housing initiatives be addressed in the updated OLP? Yes 52.4% No 47.6% (42 responses on topic) Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l FAU ! July 17, 2018 -Page 110 of 204 t}, �,.:. Backgroundl2018 Process Task Town facility needs Evaluate all Town -owned lands Evaluate all undeveloped/private lands Approach Needs - Community input/town staff Town GIS resources Field visits Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l FAU ! July 17, 2018 -Page 111 of 204 t}, �,.:. To% PW. Fire HR/I Spe Town Lands vn departments/future needs or desires: • Snow storage, parking Dept -1 acre for training facility -lousing Authority -housing cial Events -conference facilities, theater, event areas mmunity input: golf sing Center ference/Performance center ;ing Coi Disc Hou Rec Con Pari Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! F ALI July 17, 2018 -Page 112 of 204 Approach to Evaluating Town -Owned Lands Developed land Park and rec land Designated Open Space Constraints/hazards Town Lands TOWN OWNED PARCELS Town of Vail 161 parcels 1,040 acres Update to the 1994 Comprehensive Open Lands Plan T0IJN JF VAIt July 17, 2018 - Page 113 of 204 AggirBRALI Town Lands Town -owned Developed Lands 23 Parcels Update to the 1994 Comprehensive Open Lands Plan T0IJN JF VAIt July 17, 2018 - Page 114 of 204 ArgairBRAUN Town Lands Town -owned Park/Rec Lands 20 parcels 202 acres Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIt July 17, 2018 - Page 115 of 204 Town Lands Town -owned Designated Open Space 57 Parcels 533 Acres Update to the 1994 Comprehensive Open Lands Plan t July 17, 2018 Page 116 of 204 �WAL� TOWN JF VAI Town Lands Town -owned Constrained Lands 61 Parcels Update to the 1994 Comprehensive Open Lands Plan TOWN JF VArt July 17, 2018 - Page 117 of 204'L1 Town Lands Considerations: Size Location Accessibility Covenant Restrictions Zoning and context Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIt F ALI ! July 17, 2018 -Page 118 of 204 t}, �,.:. Town Lands Parcel 7 Update to the 1994 Comprehensive Open Lands Plan T0IJN JF VAIt July 17, 2018 - Page 119 of 204lipPBRAtiN. Update to the 1994 Comprehensive Open Lands Plan T0IJN JF VAIL July 17, 2018 - Page 120 of 204 RALIN \.: Town Lands Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIL July 17, 2018 -Pae 121 of 204.'L1 Town Lands Parcel 1 2.17 acres Agriculture and Open Space Designated "Park" Purchased with RETT funds Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIt July 17, 2018 - Page 122 of 204 Town Lands TOWN OWNED PARCELS Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIt F ALI July 17, 2018 - Page 123 of 204 Privately -owned lands Private/Undeveloped Lands -106 parcels Isolated low-density lots Environmentally sensitive lands Size/Location/Context 4 parcels for consideration Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIt July 17, 2018 - Page 124 of 204 ArairB,''L1 Background Town Council Comments/Questions Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal F ALI July 17, 2018 - Page 125 of 204 Chapter 3 Overview Introduction Community Input Overview of Town -owned lands Land Needs for Public Uses and Community Facilities Evaluation of Town -owned lands Evaluation of Privately -owned lands Management of Vail's Open Lands Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l FAU ! July 17, 2018 - Page 126 of 204 t}, �,.:. Chapter 3 Overview Town Council Comments/Questions Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal F ALI July 17, 2018 - Page 127 of 204 Key Elements of 2018 Update Action Items Management of Town -owned lands Implementation Steps Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l F ALI July 17, 2018 - Page 128 of 204 Key Elements/Action Items ',Vest V.al In[CrCI1.?rgC Potato Petrh Main Vail Interchange East Vnil fnterth/nir ge ntermountafn - Action Item Parcel ACTION ITEMS 2017 Open Lands Plan - Update 43 Chapter 5 - Action Plan Update to the 1994 Comprehensive Open Lands Plan TIMM fir Vd11 July 17, 2018 - Page 129 of 204 Atari�� k,. ... Key elements/Action Items Action Plan Items #4 -Chamonix Parcels • 3 lots/2 owners • Total area -1.53 ac • Zoned Primary/Secondary • Steep slopes on north half of site Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l F ALI July 17, 2018 - Page 130 of 204 Key Elements/Action Items Action Plan Items #7 - Old Roost Lodge/Marriott • Total area -1.76 ac • Zoned Public Accommodation/SDD Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 131 of 204 ArairB,''L1 Key Elements/Action Items Action Plan Items #9 -Talisa tennis courts ie>g • Total area -3.0 ac • Zoned Public Accommodation/SDD Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l July 17, 2018 - Page 132 of 204 ArgairB,''1 Key Elements/Action Items Action Plan Items #23 - CDOT Parcel • Total area -1.78 ac • No zoning Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 133 of 204 AglipPBRAtiN. Key Elements/Management Management of Town -owned lands • Routine/periodic inspection and maintenance • Wildfire and Safety • Biodiversity Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIt July 17, 2018 - Page 134 of 204 lipPB,''L1 Key Elements/Implementation Steps Biodiversity - initiate comprehensive study Maintenance -evaluate current program, define funding needs Wildfire and Safety -coordination Acti on Plan Items -outreach to owners Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIt July 17, 2018 - Page 135 of 204 lipPB,''L1 Chapter 3/Relationship with OLP Trails • Sensitivity Environmentally Sensitive Lands Identification` •Protection Town Lands • Use of lands • Management Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 17, 2018 - Page 136 of 204lipPBRAtiN. Key Elements of Update Town Council Comments/Questions Public Comment Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l F ALI July 17, 2018 - Page 137 of 204 Next Steps Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal F ALI July 17, 2018 - Page 138 of 204 Environmentally Sensitive Lands Site Evaluation of 16 Action Items so -Jai -18 Action Item Neighborhood Owner Zoning Size (Acres) Valuation (2018)*Slopes Site Access Floodplain Steep Avalanche Rock Fall Debris Flow Challenges to Development Development Feasibility 2 West Vail/Vail Ridge L. LADNAR INC Resource (Eagle County) 6.36 $ 31,800 No legal access terrain, site access 5 Buffher Creek/Vail Heights BRUCE H. ALLEN REVOCABLE TRUST - ETAL Primary/ Secondary 0.41 $ 488,780 Yes X X Limited building area, wetlands, floodplain, water body setback Feasible 8 Matterhorn RANCH CREEK DEV LLC Single Family 0.47 $ 578,450 Yes X >40% slope on portion of parcel Feasible 10 Red Sandstone SHAPIRO CONST CO PENSION PLAN Outdoor Recreation 1.39 $ 5,230 Yes X X Nearly the entire parcel is >40% slope, narrow parcel, zone change Very limited 12 Lionshead EAGLE RIVER WATER & SANITATION DISTRICT Outdoor Recreation 0.33 $ 1,140 Yes X Floodplain, small and narrow parcel, zone change No potential 13 Vail Village VAIL CORP Public Accommodation 0.12 $ 400 Yes X X Parcel size, floodplain, steep slopes No potential 17 Golf Course Pulis Outdoor Recreation Yes X X Steep slopes, floodplain, wetlands, water body setback, zone change Very Limited 19 Booth Falls PEAK SERVICE REALTY Low Density Multi- Family 0.59 $ 20,000 No legal access X X Entire parcel is >40% slope, rockfall, site access Very Limited 20 East Vail CHLOE HELD MORAN REVOCABLE TRUST Primary/ Secondary 0.65 $ 492,210 Yes X X Majority of parcel within the floodplain, wetlands, rockfall Very Limited 21 East Vail BIGHORN MUTUAL SANITATION & RECREATION CO Agricultural and Open Space 2.16 $ 7,560 Yes X Wetlands, zone change Feasible 22 East Vail BEUTEL, CARA Agricultural and Open Space 45.26 $ 226,300 No legal access X X X X X Large parcel, vast majority is >40% slope, rockfall, avalanche, debris flow hazards, site access, zone change Very Limited 23 East Vail STATE DEPARTMENT OF HIGHWAYS No zoning 1.79 $ 5,550 Yes X X X X 40% slopes on perimeter of parcel, floodplain, rockfall, debris flow, waterbody setback, zone change Feasible 24 East Vail VAIL CORP Housing 5.40 $ 1,152,820 Yes X X Steep slopes on perimeter of parcel, rockfall Feasible 24 East Vail VAIL CORP Natural Area Preservation 17.92 $ 62,680 Yes X X Majority of parcel is >40% slope, rockfall hazard, zone change Very Limited 25 East Vail RACQUET CLUB OWNERS ASSOC LDMF 2.38 N.A. Yes X X Narrow parcel, steep slopes, water body setback No potential 26 East Vail MOUNTAIN MEADOW CONDOMINIUM ASSOC INC Residential Cluster 2.94 $ 10,300 Yes X X X Steep slope, avalanche and rockfall hazard Very Limited 27 East Vail DUANNE F. ROGERS REVOCABLE TRUST No Zoning 1.90 $ 6,650 No legal access X X Steep terrain, rockfall, site access, zone change Very Limited * - 2018 Valuation ref ects "Total Actual Valuation" from Eagle County Assessor Office July 17, 2018 - Page 139 of 204 July 17, 2018 - Page 140 of 204 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Permission to Proceed through the Development Process - Market at Vail PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purpose of a ground mounted building identification sign. This utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued if required to do so. BACKGROUND: Rabbi Dovid Mintz of the Chabad Jewish Center and Mark Haynes with Market Management, tenants in the Treetops Building located at 450 East Lionshead Circle, request permission to proceed through the Design Review process for a ground mounted building identification sign to be located on Town of Vail property (E. Lionshead Circle ROW). The applicants request permission to proceed through the Design Review Board process and, if approved, enter into a license agreement with the Town of Vail for the improvement. 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 project to proceed through the development review process for the proposed improvement. ATTACHMENTS: Description Staff Memoradum A. Applicant Narrative B. Aerial Photo C. Site Plan with proposed sign location D. Property Photos July 17, 2018 - Page 141 of 204 TOWN OF VAIL' Memorandum TO: Vail Town Council FROM: Community Development Department DATE: July 17, 2018 SUBJECT: Proposed Ground Mounted Building Identification Sign in the Vicinity of 450 East Lionshead Circle (Treetops Building), Permission to Proceed I. DESCRIPTION OF REQUEST Rabbi Dovid Mintz of the Chabad Jewish Center and Mark Haynes with Market Management, tenants in the Treetops Building located at 450 East Lionshead Circle, request permission to proceed through the Design Review process for a ground mounted building identification sign to be located on Town of Vail property (E. Lionshead Circle ROW). The applicants request permission to proceed through the Design Review Board process and, if approved, enter into a license agreement with the Town of Vail for the improvement. It should be noted that the Vail Town Council is not being asked to approve the improvements, their location or design, but rather to authorize the applicant to move forward with a planning application that utilizes town owned property for commercial uses. II. BACKGROUND/PROPOSAL The Treetops Building was constructed above an existing parking garage in 1986. Recently, Mark Haynes with Market Management has completed an extensive remodel of the property including a full interior modification for a new grocery store and exterior improvements including new pedestrian access and landscaping. Prior to the most recent work, the applicant received permission to proceed through the Design Review Board process for the exterior improvements located on Town property. Please refer to the applicant's narrative (Attachment A), an aerial photo (Attachment B), Site Plan with proposed sign location (Attachment C) and site photos (Attachment D). The project is is currently scheduled for review by the Design Review Board on August 1, 2018. July 17, 2018 - Page 142 of 204 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 a ground mounted building identification sign. This utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued if required to do so. 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 project to proceed through the development review process for the proposed improvement. IV. ATTACHMENTS A. Applicant's narrative B. Aerial photo in the vicinity of 450 East Lionshead Circle C. Site Plan with proposed sign location D. Property photos Town of Vail Page 2 July 17, 2018 - Page 143 of 204 From: Mark Haynes To: Jonathan Science Subject: Re: Request to the Town Council for Permission to Proceed Date: Monday, July 02, 2018 3:06:39 PM Attachments: image001.pnq To Whom it may concern, My name is Mark Haynes and I am the manager of the new Market at Vail. We are requesting our sign along with the Jewish center to be placed on TOV property. The address is 450 E Lionshead Circle. The sign will be approximately 24 square feet in addition to the address of the building at the bottom of the sign. We are looking at four signs approximately six square feet each. All the signs will be one on top of the other, separately attached between two post. We are working with Rich Greyson at First Chair Design Inc. the sign will be placed just in front and to the west of our compressor unit which has a fence around it for both aesthetic and sound reduction purposes. We look forward to working with the Town on this sign and all other future projects. Thank you. Best regards, Mark Haynes Store Manager On Mon, Jun 25, 2018 at 9:19 AM, Jonathan Spence <JSpence@vailgov.com> wrote: Good Morning Mark I was hoping you could help me out with something. Could you provide me with a very short narrative for the TC packet basically saying that you are requesting permission to proceed through the development review process for a private improvement (signage) on Town owned property. To get it into the packet, it needs to be received by noon this Wednesday. Please call if you have any questions. Thanks Jonathan Spence, AICP Senior Planner July 17, 2018 - Page 144 of 204 Community Development Department TOWN OF VAIL 75 South Frontage Road Vail. CO 81657 Office: 970.479-2321 vailgov.com GREAT PLACE O WORK CERi1FIFD W£h]M.E C ..: 0 0 July 17, 2018 - Page 145 of 204 Aerial of 450 E. Lionshead Circle and vicinity May 27 2X1 T& -FRagge39463f d6204 goostro/_ i�• 7 1 1X 1 1� 1 1 1 1 1 1. _-__=HE___3E= �_= 1 r L ! � l 1 [13 l 1 • r PROPOSED SITE PLAN E O O 1" = 10'-0" My 27,2X1 T8- e4114o'fd604 MICHAEL HAZARD ASSOCIATES COPYRIGHT © 2017 SEAL DATE: N O : REVISIONS THE MARKET AT VAIL PROJECT NO. 1 6 8 8 TREE TOPS PLAZA VAIL, COLORADO 81 657 MICHAEL HAZARD ASSOCIATES ARCHITECTURE PLANNING INTERIORS P.O. BOX 1 068 VAIL, COLORADO 81658 970.949.4958 P 970.376.0066 C MHA@VAIL.NET APRIL 2 1 . 2 0 1 7 PROPOSED SITE PLAN PHASE 1 PLAN A 1 NORTH 1 .7 SHEET NUMBER ~J |y17.2018 „moie-wo, F • - r. - 1:1•41. 'MIN, .4146- 711111.0= • 4 aft sAmPPI-MP++. July 17, 2018 - Page 149 of 204 A. • Imo .11p1makar .thammi • .1.1. • • Mo. . rJ ••••••*ftmlidwmpliap 11, 4111161111111111.r1Polv.....v J t ,f i. July 17, 2018 - Page 150 of 204 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Review Council Action Plan 2018-2020 PRESENTER(S): Greg Clifton, Town Manager ACTION REQUESTED OF COUNCIL: Confirm latest revisions reflect the Council Action Plan is ready for approval via Resolution at the next meeting. BACKGROUND: The Town Council has been working on its action plan since the first of the year. The final presentation will be made by the Town Manager with highlights about some of the revisions to the plan including the new model of the priorities with an addition of the sustainability component and the continued emphasis on housing. The Plan is the product of a collaborative process that has spanned two Council retreats and two Council regular meetings. ATTACHMENTS: Description Memo 2018-2020 Council Action Plan Presentation 2018-2020 Council Action Plan July 17, 2018 - Page 151 of 204 TOWN OF VAIL. Memorandum To: Mayor and Town Council From: Greg Clifton, Town Manager Date: July 10, 2018 Subject: Town Council 2018-20 Action Plan I. SUMMARY The latest draft is attached. I believe we are near or at final, dependent upon Council's review and approval. The red font delineates suggested edits from the June 5th meeting. There are not many edits at this juncture. There is one edit in blue font, which comes from my office, in follow up to a meeting I had regarding the Eagle River Youth Coalition, who will be presenting to you at your regular meeting on August 7th. I view that particular edit as simply an elaboration of the initiative to reflect the Council's inclusion of our younger citizens in our efforts toward community outreach and engagement. This is the only edit that does not derive from Council directive. Some of the edits were expressly word-smithed by Council. Others were suggested, with word- smithing being left to staff. There were some relocations of various items that were likewise suggested to staff. 11. BACKGROUND The process of formulating the three-year Action Plan commenced during Council's retreat on January 9th of this year. The Council again retreated on May 15th and the goals and action items were discussed in detail. The discussion continued during the Council's regular meeting on June 5th, and the outcomes of these three prior meetings are now embodied in the draft that is attached. To ensure accuracy, all of these meetings, which were televised and recorded, were reviewed in depth. Council can be assured that the comments, edits, suggestions, and format changes as discussed in entirety have been addressed. The following could be noted as summaries of these outcomes: • Council has discussed at length the newer model (reflective of the three priority areas from previous plans, now with the inclusion of a fourth priority entitled "sustainability"). Council expressed unanimous support for this newer model after considerable discussion. • This new emphasis on `sustainability' covers a broad spectrum of considerations. While the term has traditionally been used to define how biological systems endure, the 21st - century definition of sustainability goes far beyond these narrow parameters. Today, it refers to the need to develop enduring models and balance with respect to July 17, 2018 - Page 152 of 204 environmental protection, social responsibility, economic practice, cultural safeguarding, and related topics. Sustainability denotes the ability to achieve balance through time without depletion of resources. • The need for housing has been accentuated throughout the document, illustrating Council's desire to have this goal articulated as a very high priority. • Similarly, the need for permanent funding for the housing program is emphasized within the Plan. • Both housing and the natural environment represent noted priorities in the Community Survey conducted in 2018. The Plan appears to be in lockstep with the outcomes of the Survey. • In addition to the above, Council is giving considerable focus to public engagement, emerging technologies, diversification of our economy, master planning projects, transportation and parking, community building, and our guest experience. • The Plan is the product of a collaborative process that has spanned two Council retreats and two Council regular meetings. • The format of the Plan is one that includes the statement of broad goals under each of the four items of emphasis, which goals are then broken into a series of initiatives, which in turn are refined as specific action items or priorities. • The Action Plan is ambitious, as it should be. Many items are task -based and will see accomplishment over the next three years. Others are ongoing objectives that will continue through time. • We are underway with numerous action items at this time. III. ACTION REQUESTED Council is requested to direct staff to proceed with the latest draft, subject to any additional edits that the Council may have, for Council adoption at the August 7th meeting. This will likely be performed by resolution. Timing wise, this final adoption will precede the very important capital planning and budgeting processes that will immediately follow. Thank you. Town of Vail Page 2 July 17, 2018 - Page 153 of 204 TOWN COUNCIL 2018-20 ACTION PLAN DRAFT , 2018 - Page 154 of 204 PROPOSED 2018-20 COUNCIL ACTION PLAN To be the PREMIER international mountain resort community Town of Vail 1 Council Retreat 1 1/9/18 July 17, 2018 - Page 155 of 2b9 I OF VA I L'. COM MU14JTY COMMUNITY GOALS Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods as the foundation of our town's continued success. Ensure that our residents are afforded the opportunity to live and thrive in our community. • Balanced community composition • Civic area enhancements • Housing as necessary infrastructure to our community • Regional opportunities for housing and amenities • Educational enrichments to enhance our community • Leadership role in well-being and health of our community • Ensure that all members of community are informed and engaged Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 157 of 2b9 WI1111OF VA I L. COMMUNITY INITIATIVES • Create opportunities to build our community, inclusive of discussions about the future of West Vail • Explore the idea of building upon the idea for a "civic area" using municipally owned properties that would serve the community with government, cultural and recreational services • Enhance community living and amenities by exploring regional opportunities for housing and recreation • Actively engage all members of the community, ncluding youth, in matters of public interest and maintain high level of transparency and outreach • Evaluate options for securing permanent funding source for housing • Continue to build our relationship with Red Sandstone School Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 158 of 2b9 I OF VA I L'. COMMUNITY TOWN COUNCIL PRIORITIF • Continued success of Red Sandstone Elementary School • Housing Strategic Plan update • Explore local and regional housing opportunities • Execute the preferred strategy for permanent funding for VLHA • Allocate resources to Vail InDeed Program • Develop objectives for Timber Ridge Redevelopment • Bolster civic engagement on polices, programs, and community planning endeavors: • Civic Area Plan inclusive of possible redevelopment of Dobson Arena and other municipally owned properties • West Vail Master Plan • Update Vail 20/20 Strategic Plan • Be a leader in addressing mental health issues throughout out community Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 159 of 2b9 I OF VA I L t aro - t w duly 17, 20181- Page 160 of 204 ECONOMY TOWN COUNCIL GOAL c Preserve our vibrant and diverse economy that keeps Vail at the forefront of our resort competitors. • Update long range strategic plans to enhance competitiveness of the Town of Vail • Create community spaces that support iconic events as well as arts, cultural, culinary and local community programming • Collaborate with Vail Resorts on resort programming, special events, the guest experience, and municipal services • Diversify our economy with focus upon recreation and vitality within the business community Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 161 of 2b9 WIC OF VA I L'. ECONOMY INITIAL • Prepare long range financial plans that support the mission and vision for the community • Continue working with local business community stakeholders to help formulate future decisions supporting diverse resort economy • Study opportunities for multi -use facility that would support the many demands for a venue space by the public, private, and non-profit sectors • Stay abreast of competitive trends and cutting-edge technologies that could greatly benefit the Vail economy • Broaden the discussion regarding public parking and include all seasons • Pursue seamless transit with our regional transportation partners • Peer resort and global friendship exchanges to share best practices • Proactive approach to lodging trends Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 162 of 2b9 I OF VA I L'. ECONOMY TOWN COUNCIL PRIORITIES • Evaluate emerging technologies including autonomous vehicles, rapid charging infrastructure, and related transportation innovations • Study opportunities for multi -use facility and explore ways to better activate existing town facilities • Update Economic Strategic Plan • Plan for next projects involving Tax Increment Financing (TIF) • Assist Parking Task Force in formulation of better year-round parking and transportation strategies • Identify informal spaces for community and visitor interaction Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 163 of 2b9 WI1111OF VA I L. EXPERIENCE GOALS Deliver on the promise, Vail. Like nothing on earth that also supports "preserving our natural environment", in everything we do. • Excellent municipal services • Convenient, efficient, and safe parking and transportation venues • World class recreational amenities • Define, from an experiential standpoint, the Vail Way (entrepreneurial spirit and innovation) • Collaboration with community partners to develop programs and goals to elevate the Vail experience Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 165 of 2b9 I OF VA I L'. EXPERIENCE INITIATIVES • Address customer service training • Enhance municipal services with a review of community survey input and continue to provide an excellent level of service that meets the "Vail Standards" • Improve the quality and convenience of parking and transportation for both locals and guests • Develop a technology plan that identifies initiatives that will enhance our guest and resident experience • Keep and cultivate premier recreational and cultural amenities and events • Seek opportunities to deliver world class educational programs • Be a leader in developing an exceptional and professional workforce Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 166 of 2b9 I OF VA I L'. EXPERIENCE TOWN COUNCIL PRIORITIES • Update Transportation Master Plan and coordinate with neighboring jurisdictions regarding regional transit enhancements • Parking and Pedestrian Enhancement Plan • Managed parking long term plan • Focus on arts and iconic events • Provide excellent municipal core services, utilizing survey input to identify specific areas for improvement • Assemble task force to explore educational programs • Professional workforce culture • Embrace competitive technological opportunities and shared economy Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 167 of 2b9 WI1111OF VA I L. Town of Vail 1 Council Retreat 1 5/15/1 July 17, 2018 - Page 168 of 204 SUSTAINABILITY GOALS Balance our economic, environmental, and social needs to deliver a sustainable community. • Strategic implementation of environmental programs • Excellent stewardship by monitoring and maintaining our natural environment • Regional collaboration, resource sharing, and governance • Climate action to achieve reduction of greenhouse gas emissions • Sustainable economic and social development • Implement employee sustainability programs • Reduce the environmental impact of transportation • Explore and encourage sustainable building practices Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 169 of 2b9 N OF VA I L t SUSTAINABILITY INITIATIVES • Pursue measures to meet requirements of Sustainable Destinations certification • Develop environmental programs that respect and preserve our natural environment, open spaces, and wildlife habitat • Collaborate at the regional level to help reduce greenhouse gas emissions and develop alternative energy sources • Develop strategies to maximize solid waste diversion and recycling • Create a cultural and heritage preservation program • Identify local climate action strategies • Public outreach and ongoing education relating to Town initiatives • Formulate resilient economic strategies Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 170 of 2b9 N OF VA I L' SUSTAINABILITY TOWN COUNCIL PRIORITIES • Implementation of Gore Creek Plan • Comprehensive Open Lands and Trails Plan • Update Environmental Strategic Plan • Update Vail Nature Center Master Plan • Implement renewable energy offset to street -heating • Enhance regional transit • Develop practices to bolster employee retention, productivity, and overall engagement • Institute measures to best mitigate wildlfire danger • Continue with emergency preparedness • Develop a local Water Efficiency Plan Town of Vail 1 Council Retreat 1 5/15/18 July 17, 2018 - Page 171 of 2bp WN OF VA I L t TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Solar Vail Appeal (TC18-0002) PRESENTER(S): Chris Neubecker, Interim Director of Community Development ACTION REQUESTED OF COUNCIL: The Town Council is asked to review the application for the Solar Vail design review application, and determine if the requirements of the Vail Town Code, specifically Title 12, Zoning Regulations and Title 14, Chapter 10, Design Review Standards and Guidelines, were properly applied in the decision to deny a request to amend the design of the proposed Solar Vail Employee Housing development, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1. BACKGROUND: On June 20, 2018 the Vail Design Review Board voted 2-2 on a motion for approval. As a result of the failure to obtain a majority vote, the motion was denied. Design Review Board members voting against the motion cited a lack of compatibility on the building design, Section 14-10-2, General Compatibility. ATTACHMENTS: Description Solar Vail Appeal - Staff Memo Solar Vail Appeal - Appeals Form Solar Vail Appeal - Public Notice & Proof of Publication Solar Vail Appeal - Letter to Town Council Solar Vail Appeal - Vicinity Map Solar Vail Appeal - Site Plan & Elevations July 17, 2018 - Page 172 of 204 TOWN OF VAIL. Memorandum TO: Vail Town Council FROM: Community Development Department DATE: July 17, 2018 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on June 20, 2018 denying a request to amend the design of the proposed Solar Vail Employee Housing development, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (TC18-0002) Appellant: Sonnenalp Properties, Inc. represented by GPSL Architects Planner: Chris Neubecker I. SUBJECT PROPERTY The subject property is Solar Vail, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1. II. VAIL TOWN COUNCIL JURISDICTION Pursuant to Section 12-3-3C-1, Appeal of Planning and Environmental Commission Decisions, Design Review Board Decisions And Art In Public Places Board Decisions: Authority, and Section 14-1-6, Appeals, Vail Town Code, the Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Design Review Board with respect to the provisions of Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code. III. PROCEDURAL CRITERIA FOR APPEALS Pursuant to Section 12-3-3C-2 and 12-3-3C-3, Appeal of Planning and Environmental Commission Decisions, Design Review Board Decisions And Art In Public Places Board Decisions: Initiation and Procedures, Vail Town Code, there are three basic procedural criteria for an appeal: July 17, 2018 - Page 173 of 204 A. Standing of the Appellants Pursuant to Section 12-3-2, Appeals, Vail Town Code, the appellant, Sonnenalp Properties, Inc., has standing as an aggrieved or adversely affected party to appeal the Design Review Board's decision of June 20, 2018 decision (DRB18- 0216). The appellant was the applicant for the Design Review Board permit and owner of the property that is the subject of the appeal. B. Adequacy of the Notice of the Appeal A copy of the Public Notice of the Vail Town Council July 17, 2018 public hearing was mailed to adjacent property owners on June 27, 2018, and published in the Vail Daily on June 29, 2018, pursuant to Section 12-3-3C-3, Procedures, Vail Town Code. (Attachment B) C. Timeliness of the Notice of Appeal Section 12-3-3C-3, Procedures, Vail Town Code, requires a written notice of appeals to be filed with the administrator within twenty (20) calendar days of the Design Review Board decision. On June 21, 2018, the appellant, Sonnenalp Properties, Inc., filed an appeal of the Design Review Board's June 20, 2018 decision. (Attachment A) IV. SUMMARY The question to be answered by the Vail Town Council regarding this appeal is: Were the requirements of the Vail Town Code, specifically Title 12, Zoning Regulations and Title 14, Chapter 10, Design Review Standards and Guidelines, properly applied in the decision to deny a request to amend the design of the proposed Solar Vail Employee Housing development, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1 (DRB18-0216)? Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's decision of June 20, 2018. V. BACKGROUND The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Solar Vail building was initially developed as employee housing in 1978 and serves as off-site housing for employees of the Sonnenalp Hotel, also owned by the appellant. Town of Vail Page 2 July 17, 2018 - Page 174 of 204 The existing three (3) story building includes 24 one -bedroom units totaling 13,104 square feet of GRFA, including 11 deed restricted employee housing units. Due to the age and condition of the property, the applicant would like to redevelop the property. • On November 13, 2017, the appellant received approval from the Planning and Environmental Commission (PEC) for a Development Plan for the construction of a new 65 -unit deed restricted employee housing development on the site of the existing Solar Vail building. (PEC17-0046) • On February 26, 2018, the appellant obtain approval from the PEC for an amendment to the Development Plan for the construction of employee housing units (PEC18-0002) and two variances to allow for a change in the design of the east parking garage in the building. (PEC18-0003) • On March 7, 2018, the appellant obtained approval from the Design Review Board (DRB) for the previous design of the 65 -unit Solar Vail development. (DRB17-0490) • On June 6, 2018, the DRB initially reviewed the proposed changes to the building that are the subject of this appeal, but did not render a final decision since an application for a change to the Development Plan was pending before the PEC. At the meeting on June 6, 2018, the DRB requested some changes to the building design, including a suggestion to change the design of the roof and to incorporate dormer windows to break up the roof plane. (DRB18-0216) • On June 11, 2018, the appellant obtained final approval from the PEC for a change to the Solar Vail Development Plan, which changed the design of the building, including removing a significant portion of the building on steep slopes to the north, altering the unit mix, changing the design of the parking areas, and changing the design of the building facade and roof. (PEC18-0021) • On June 20, 2018, the DRB voted 2-2 on a motion for approval. As a result of the failure to obtain a majority vote, the motion was denied. DRB members voting against the motion cited a lack of compatibility, based largely on the roof design, Section 14-10-2, General Compatibility. (DRB18-0216) In the appeal letter (Attachment A), the appellant and their representative argue that the project cannot accommodate design changes and additional costs that would make the new development financially infeasible. The appellants also argue the Design Review Board needs to have the tools to review affordable housing developments differently from multi-million dollar private residences that are common in Vail. They further claim that they believe that the design of the proposed Solar Vail development is not out of character with the immediate neighborhood. Town of Vail Page 3 July 17, 2018 - Page 175 of 204 VI. APPLICABLE DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code 12-3-3: Appeals C. Appeal of Planning And Environmental Commission Decisions, Design Review Board Decisions And Art In Public Places Board Decisions: 1. Authority: The town council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the planning and environmental commission or the design review board or the art in public places board with respect to the provisions of this title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the planning and environmental commission or the design review board or the art in public places board with respect to this title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The administrator shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing, the town council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the town council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The town council may also call up a decision of the planning and environmental commission or the design review board or the art in public places board by a majority vote of those town council members present. Chapter 6, Article 1. Housing (H) District (in part) 12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide Town of Vail Page 4 July 17, 2018 - Page 176 of 204 development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-10 Other Development Standards A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan: 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area) 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12-61-12 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. Town of Vail Page 5 July 17, 2018 - Page 177 of 204 E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-9A-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. 12-11-3: DESIGN APPROVAL: A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The Town of Vail Page 6 July 17, 2018 - Page 178 of 204 addition of plant materials to existing landscaping, gardening and landscape maintenance shall be exempt from this provision. B. Violation: It shall be a violation of this chapter and the building permit for any person to commence, continue or complete work that has not received design approval as prescribed in this chapter and/or is not in conformity with the plans approved and authorized by the administrator and/or the design review board and the building official. Title 14 — Design Review Standards and Guidelines, Vail Town Code 14-1-1: PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town of Vail for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town of Vail. 14-1-2: APPLICABILITY: Unless specifically exempted, the provisions of this title shall supplement any and all existing laws and shall apply to all persons, without restriction, and to conditions arising after the adoption thereof, to conditions not legally in existence at the time of adoption of this title, and to conditions which, in the opinion of the fire chief, the building official, or the town engineer, constitute a distinct hazard to life or property. The development standards shall apply to new development, as well as to modifications and additions to existing developments, unless specifically exempted herein. 14-1-6: APPEALS: Appeals from decisions made concerning the development standards shall be in accordance with title 12, chapter 3 of this code. 14-10-1: PURPOSE: This chapter provides the design review standards and guidelines for development in the town of Vail. Actions of the staff and the design review board shall be guided by the objectives prescribed herein, the Vail Village urban design considerations and guide plan and the Lionshead redevelopment master plan, Town of Vail Page 7 July 17, 2018 - Page 179 of 204 and by all of the applicable ordinances of the town and by the design guidelines in this chapter. 14-10-2: GENERAL COMPATIBILITY A. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. B. Any building site in Vail is likely to have its own unique landforms and features. Whenever possible, these existing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in a way that leaves the natural landforms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. 14-10-5: BUILDING MATERIALS AND DESIGN (in part) A. Intent: The town is situated within the wildland urban interface where community values intersect with the potential consequences of wildland fires. Wildland fires both big and small have the potential to destroy homes and neighborhoods within the town. The architecture and chosen materials of a building greatly affect the survivability of that structure in the face of a wildfire. The use of class A roof coverings and ignition resistant building materials decrease the hazards to the individual structure as well as the surrounding homes. D. Colors: Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim or railings. All exterior wall materials must be continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall be anodized, painted or capable of weathering so as to be nonreflective. E. Roof Forms: The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4') in twelve feet (12). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, fire safety and solar exposure should be integral to the roof design. Town of Vail Page 8 July 17, 2018 - Page 180 of 204 F. Rooflines: Rooflines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. H. Rooftops: Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses and similar features should be avoided; however, if necessary, shall be designed to be compatible with the overall design of the structure or screened from view of all adjacent properties. Rooftop antennas shall not be permitted unless as allowed under a conditional use review as specified within the zoning code. VII. DISCUSSION ITEMS 1. Building Design Compatibility On June 20, 2018 the Design Review Board reviewed the application to change the building design. The Board voted 2-2 on a motion (by Doug Cahill, second by David Campbell) to approve the requested design change; the motion failed for lack of a majority vote (voting against approval were Bill Pierce and Pete Cope). The motion was not to deny the application, but the effect of a failure to obtain a majority vote is that the application was not approved. Those DRB members voting against the motion found that the proposed change to the building design, in particular the roof, resulted in a building that was not compatible with Vail's environment. Some Board members indicated that there is not a separate design review code for deed -restricted employee housing developments, and that a similar market rate development would not be approved. During their review, the DRB suggested the addition of faux dormers on the roof to help break up the simple roof design and provide some additional visual interest, thus making the building design compatible. The Board further indicated that the building design had been originally approved (March 7, 2018), but since its initial approval several revisions had been made to scale back on the design, including changes to the roof and the balconies. (Balconies were changed from walk out balconies, to Juliette balconies.) The Board indicated that there is more interest on the back (north) side of the building due to changes in wall planes, than on the front facade. The appellant indicated at the meeting an understanding of the Board's design suggestions, but indicated that the addition of dormers would increase the cost of the building to a point where its construction would be financially infeasible. The appellant indicated that this is the best design they can produce on this site to be used for employee housing. Town of Vail Page 9 July 17, 2018 - Page 181 of 204 VIII. REQUIRED ACTION Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's June 20, 2018 decision. Should the Vail Town Council choose to uphold the determination of the Town of Vail Design Review Board (Denial), the following statement is recommended: "The Vail Town Council upholds the June 20, 2018 Design Review Board decision to deny a request to amend the design of the proposed Solar Vail Employee Housing development, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (TC 18-0002). " With the following findings: "The Vail Town Code was properly applied in regard to the June 20, 2018 Design Review Board decision to deny the request to amend the design of the proposed Solar Vail Employee Housing development, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (TC18-0002)." Should the Vail Town Council choose to overturn the determination of the Town of Vail Design Review Board (Approval), the following statement is recommended: "The Vail Town Council finds as follows: The Vail Town Code was not properly applied in regard to the June 20, 2018 Design Review Board decision to deny the application for a design change, DRB18-0216. Furthermore, the Vail Town Council finds that the proposed building design is compatible with existing structures, their surroundings, and with Vail's environment, and is in compliance with Title 12, Zoning Regulations, and Title 14, Development Standards, of the Vail Town Code, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. The Town Council hereby overturns the decision of the Design Review Board concerning the Solar Vail application for a design change, DRB18-0216, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto, and that the Vail Town Council hereby grants the requested Design Review Board application, as originally submitted by the applicant to the Town of Vail." (TC18-0002). Town of Vail Page 10 July 17, 2018 - Page 182 of 204 IX. ATTACHMENTS A. Appeals Form B. Public Notice & Proof of Publication C. Letter to Town Council from Henry Pratt and Johannes Faessler, June 21, 2018. D. Vicinity Map E. Site Plan and Elevations Town of Vail Page 11 July 17, 2018 - Page 183 of 204 OWN OF VAILI Department of Community Developmen° 75 South Frontage Roac Vail, CO 81657 Tel: 970-479-212f www.vailgov.con• Development Review Coordinatoi Appeals Form General Information: This form is required for filing an appeal of a Staff, Design Review Board or Planning and Environmental Commission action/decision. A complete form and associated requirements must be sub- mitted to the Community Development Department within twenty (20) calendar days of the disputed ac- :ion/decision. Action/Decision being appealed: Denial of DRB 18-0216 (Solar Vail Employee Housing) by a 2-2 vote. Date of Action/Decision: 20 June 2018 Board or Staff person rendering action/decision: DRB Does this appeal involve a specific parcel of land? ✓ Yes No If yes, are you an adjacent property owner? Yes ✓ No Name (s) of Appellant (s): Sonnenalp Properties, Inc. Mailing Address: 20 Vail Road Physical Address in Vail: 501 N. Front•ge Road Legal Description of Appellant (s) Pr Appellant (s) Signature (s): (Attach a list of signatures if more space is r Phone: 479-5470 quired.) ail: Lot: 8 Block: 2 Subdivision: Vail Potato Patch S BMITTAL REQUIREMENTS 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please site specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of prop- erty who are the subject of the appeal and all adjacent property owners (including owners whose proper- ties are separated from the subject property by a right-of-way, stream or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3). Submit this form and all submittal requirements to: Town of Vail Community Development Department 75 South Frontage Road Vail, CO 81657 For Office Use Only: Date Received: Activity No.: Planner: Project No: July 17, 2018 - Page 184 of 204 TOWN OF VA1L' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Hearings, Vail Town Code, on July 17, 2018 at 6:00 pm in the Town of Vail Municipal Building, 75 South Frontage Road, Vail Colorado, in consideration of: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on June 20, 2018 denying a request to amend the design of the proposed Solar Vail Employee Housing development, located at 501 North Frontage Road West/Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regards thereto. (TC18-0002) Appellant: Sonnenalp Properties, Inc., represented by GPSL Architects Planner: Chris Neubecker The applications and information about the appeal are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road, Vail, Colorado. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published in the Vail Daily June 29, 2018. July 17, 2018 - Page 185 of 204 Ad #: 0000266747-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 6/29/2018 and that the last publication of said notice was dated 6/29/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 7/6/2018. Mark Wurzer, Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 7/6/2018. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 .IERY LYNN MED NO7ARY FORK RTME DF COF.CRADO NOTARY x01664339590 cognac's EKpylf: imous, 6,a THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing accordance with Section 12-3.6, Hearings, Vail Town Code, on July 17, 2018et 6:00 pm in the Town otVail Municipal Building, 75 South Frontage Road, Vail Colorado, in consideration of: An l Town pursuant o,0150 o Mal decision ction of Appeals, Town of Vail TT C Vail Design Review BoardonJune oft20, 2018 po ednying request E plo a the designina the proposed Solar Northail EFrontageee Roadg rev/Lot 8, Block ted at 2, Vail Pottaato lPatchh 88181 ,andsetting forth details 002) Appellant: Sonnenalp Properties, Inc., presented by GPSL Architects Planner: Chris Neubecker The applications and information about the appeal are available or public inspection during office hods at the Town of Vail Community Development Department, 75 South Frontage Road. Vail, Colorado. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone or the Hearing Impaired, for information. Published in the Vail Daily June 29, 2018. 0000286747 July 17, 2018 - Page 186 of 204 21 June 2018 Members of the Council: On June 20, 2018, the DRB denied the proposed changes to the approved plans for the Solar Vail employee housing project by means of a 2-2 vote. The grounds for denial were general incompatibility with Vail architecture. More specifically, the DRB had no issues with the colors or materials or the general form and detailing of the proposed building facades, but rather took issue with the simplicity of the south facing roof (the side facing 1-70). While acknowledging that the simple roof would not be visible from the immediate vicinity, they were worried about the impact this roof would have on views from Vail Mountain and other elevated viewpoints in town. Rapidly rising construction costs (lumber up 60% since January as of two weeks ago and drywall up 15%), we have been forced to revise and simplify the building design as much as possible while still keeping the number of units at 65. Among other steps, we removed the previously approved north wing of the building that would have been on / in the 40% sloped hillside and simplified both the parking garages and the roof design to try and bring the building cost back within the supportable budget. While the USGS height of the ridge increased by 10', the height of the building itself (as measured by the TOV) was essentially unchanged. At the June 6t" meeting of the DRB, we presented the revised design for the building that was subsequently approved by the PEC (6-1 vote) on June 11 for conceptual review. At that meeting the members of the DRB had asked that we look into adding dormers or other means of breaking up the simplicity of this roof. Based on cost considerations and the fact that adding dormers. etc that serve only an unoccupied attic space provided no tangible benefits to the building occupants, we decided not to follow the advice of the DRB members and re -presented the building on June 20 without any changes. While we appreciate that our proposed building is challenging for the DRB, we would like you to consider the following arguments: (1) The existing Solar Vail building is not only old and in dire need of significant investment, it is also a building design that would likely not be approved today. The proposed new building is a significant improvement. (2) The proposed Solar Vail design is, in our opinion, not out of character with the immediate neighborhood. We have no neighbor to the immediate east, north, or south. Our neighbor to the west is the Red Sandstone Gymnasium, the Red Sandstone School and the new parking structure, a very utilitarian and commercial set of buildings. Further to the west is the Lions Ridge Apartment complex which is very similar in overall design. The buildings to the south, GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpslarchitects.com July 17, 2018 - Page 187 of 204 Appeal of DRB denial of Solar Vail changes to approved plans, June 21 2018 2 across 1-70, are governed by a very different and very specific set of design guidelines that do not apply to the Solar Vail site. (3) It is very difficult if not impossible to treat a deed restricted employee housing project following the same design criteria used for multi-million dollar private residences and hotel/condominium projects. If employee housing in the upper Vail Valley is to become a reality, the DRB has to have the tools to approve design solutions that are more straightforward and simple, yet appropriate in their specific locations. The Solar Vail Project meets those criteria. (4) The project will not/ cannot go forward with additional costs not directly related to the occupancy and operation of the building. The DRB recommendation would add marginal cosmetic elements to the roof but would not change the general appearance of the building nor add any utility. We cannot absorb cost for further redesign or cost escalation resulting from not being able to locking in subcontractor pricing. We need you to not only override the DRB decision but do it without delay. Thank you, Henry Pratt, GPSL Architects Johannes Faessler, Sonnenalp Properties GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpslarchitects.com July 17, 2018 - Page 188 of 204 Solar Vail 501 North Frontage Road West Lot 8, Block 2, Vail Potato Patch Filing 1 e I U I Feet 0 25 50 100 This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) July 17, 2018 - Page 189 of 204 Last Modified: April 3, 2017 TOWN OF VAL. abi_71'^i 14" IL) 1240f 0002'.-5 LSI 4 30031-3 112" Level 3 '-13/4' Level 2 Parking _evel 2 Fir inin _e el N N - -. i ■ 1• _ 1 r n 1 I J r 1 7 1 i 1 1' i • di1 4 1 4 i i• C II 4+1 1 L. July 17, 2018 - Page 190 of 204 1/4:_40L -771 -771 1 isT) LSI 4 LSI 3 -110 Level 240 LTi Level 1 1110 " perking Level C0" _e el 1 RE1 G 1STURBEO �. LAREASIN Tl -H SE ANDDFLO — • — LY►11DE 6RA VEL NDN - E E Z } M1X -= �r —20' unL/TY — ASEMENr L SOLAR VAIL 1RRh5A715D AREA DRIP IP J ATIQN l.YERGRE€N TREES 7 TREES q SQ. Fr. / TREE DECIDUOUS TREES 13 TRESS 7 SQ. FT / TREE 5I-IRU135 36 SHRUBS ®.3 G. FT. / SHRUB 9+°RAr I!2}lf6ArfkN sop L.AriN egovio cOVFRS 4 PEREIYINI,ALS S'AJARE MET 63 «I 103 TOTAL lRRJ6►ATED AREA 2b2 5Q. T. p rmanent) *Dass not fr G I Ula the 10,000 5F of temporary irrigation system For the native grass revegetatian area. PLANT MATERIAL SCHEDULE Orr BOTANICAL NAME COMMON NAME SIZE Of',! -Tr LINE • NEVE& .7157'URBED AREAS 1TH 5EE fI/X ll TREES Picea pungens Pinus ponderosa Papulas tremuloides Malas 'Radiant' Moles 'Dolga' SHRUBS Cornus stollnifera Potentilla fruticosa 'Jackmanni!' b Prunus virg in iana me l ancarpa Ribas Qureum 12 Rosa wood& Spiraea japonica 'Froebelil' 5 Spires nipponica 'Snowmound` CD Colorado Spruce Ponderosa Pine Aspen Radiant Flowering Crabapple Dalggo Flowering Crabapple Red Twig Dogwood Jackmans Potentllla Native Chokecherry 3-12' High Specimen duality 10' High 4-2.5', 2-3" Caliper 509 min. clump form 3" Caliper 3" caliper #5 Containers #5 containers #5 Containers Yellow Flowering Currant #5 Containers 1Noods Rose Froebe1 Spires SnoWmound 5plrea #5 Containers #5 Containers #5 Containers NATE VE GRA55E5 -ALL 01STURPED AREAS s GR,4 L--_P"I_ 014 - - , ----"Jr=s,CENT__1:0-911L121 FL •' GE EROSION CONTROL FABRIC ON 2:1 SLOPES AND ADD SEED MIX R T41NlNG WALLS , RE CIVIL. EX/ST)Nt5 SPRUCE TO REMAIN EX1ST1N5 SPRUCE TO BE REMOVED EXISTING ASPEN TO REMAIN EXISTING ASPEN TO SF REMOVED MULCH 1 - 2" COBBLE RIVER ROOK AT 1NEST AND EAST SIDES OF T/ -IE BLDG,, 3- IMIDE SUBMIT SAMPLE TO OWNERS REP FOR APPROVAL LANDSCAPE BOULDERS www 20' 1J77LJ TY EASEMENT - 1 ` - FIRE LANE CONTROL &ATE 12' FROM 5G/- OOL DRIVE, REE 51 4r"' -:223 u€ SSE SSE � �jE VE SSE =_LIL SSE - e~Bili Dr`L vE � landscape and irrigation Notes The Contractor shall warrant that al) plant materials Supp/led under this contract Ali/ be healthy and in flourishing condition of active growth ono yeAr from the date of final ac“aptance. Replace without cost to owner any plant not meeting this condition. Tree and Shrub Mulch beds to receive 2 to 3" of shredded cedar bark mulch. Perennial and Groundcaver areas to receive2" of 'Sail -Pep' mulch. Mulch beds adjacent to buildings to be 5' wide min. 4. Deciduous trees to be staked and guyed with three (2 where space is limited) 6' green metal T pasts per tree and guyed with # 12 gauge wire with green nylon tree straps. Conifer trees to be staked with three 3' metal T posts with above wire and straps. Planting backfill mix fear all trees and shall consist of 80% native topsoil and 20% well rotted, screened compost. 1RRf6ATI0N SYSTEM: All landscaping will be watered with a automatic, Irrigation 59stem. No G.O. will be issued by the Town until aft 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 Plan, and Grading Plans by others. 5. Grass Seed Mix MvuntC,T prix ` ALL D15TURBEP AREAS Gammon Name Variety 10,6 .3096 /095 10% 205 10% 10% Mountain Bromegrass 0rchardgrass Garuda Bluegrass Sheep Fescue Tall Fescue Ainter Plheat Timothy Brawler Paiute Reubens Mek lenberger Fawn GI irr,ax Planting Rate 60 pounds of pure live seed per acre. Substitutions must be approved by owner. • Delete 1-14' spruce tree at southwest corner of building. • Add two, 3" Aspen in same area. • Move 12' Spruce tree 20' from west side of the building bump -out. NORTH 0 10' 20' 40' SCALE: 1" =20'-0" ON A 24 X 36" SHEET July 17, 2018 - Page 191 of 204 1 1 DENNIS ANDERSON • APO*CAPE ARCM if EC7p11E ▪ 1' Flu 13♦!7 f T. -W . C00'140 51 2 PTD -r• 40I0j 340.7745 Wrad d Cva.ado LunN La.h[apc Axn%R • 5.3.5 N( ISSUED F DRB REVIEW 12-25-2017 DRB REVIEM 122016 DRB REVIErW 1-6-20113 DRS REV!EA I-41-2015 R1<VIFw 1-20-2015 I 2-Iff-15 PERMIT 5-26-2015 PEG / DRS REVIEW 5-21-2015 STAFF COMMENTS S-23-200 FIRE DEPT COMMENTS 6-I2-2018 SHEET TITLE LANDSCAPE PLAN SHEET L-1 �F 1 GRSL- 7R1oo71/4f ° 0 0 4 O 83-2' 7#;,c56, 2/25 62'-51/4" ‘1-1Level 4 53-31/2' Level 3 11 1 86-4 85/2' 5.1 5.3 52 644-13/4" Level 2 �Levell �tw X23-0' Parking Level 2 20-0" Parking Level 1 1 7 L4J 4 1 �—T .4 0 011fv 110 8 0 ui 13 ELEVATION - SOUTH 1 5.1 ,77-7 1 10 7 5.4 ui l�lllll!VI� 110 8 5.2 91 11 ll 5.3 1 15 5.4 5.1 1 ■fi 11 1 71-71/4" 5.5 9 11 52 0 III 5.3 IIIIIIIDIIIIIIII 110 F 7 1 10 J • . 1 ,� J L 1 7 \ 71-71/4'" Roof m 62-51/4" Level 4:1° 53-3 1/2" Level 3� 44-1 3/4" Level 2-7° 35' 0' Level l-'5 23 -0 -or Parking Level 2 0-0" Parking Level 1 1/8" .1-0" 71'-71/4" oRaof 62-51/4" Level 4 ak53-3 V2' Level 3 44-13/4" Level 2 X35'-0" Level 1 \ @)* 'G OD YE Cp � � I 5.5 12 51/- 1 5.1 5.1 53 1 53 .4 7 ak23'-0' Parking Level 2 0 cn ®20-0/ Parking Level 1 \GF KGF) 7 5. 1' (2) ELEVATION - EAST 1/8" -1'-0" 11 L 1 L J f 7 — 55 11 71-71/4" Roof MUM 62-51/4" Level 446 53-31/2' Level 3 44-13/4" Level 2� -70 Level 1 23-0� Parking Level 2 0-0" Parking Level 1 ELEVATION MATERIAL KEY 1 2 3 4 5.1 5.2 5.3 5.4 5.5 7 8 9 10 11 12 13 14 15 16 50 YEAR TOV COMPLIANT ASPHALT COMPOSITION SHINGLES FACTORY PAINTED METAL FLASHINGS PER TYPICAL PAINTED METAL CHIMNEY CAP FLASHINGS PELLA FOAM FILLED IMPERVIA FIBERGLASS WINDOWS - SEE A601 (MAX U- .32) 3/4" NOM CEMENT BOARD FASCIA BOARDS WOODWORKS FACTORY FINISHED CEMENT BOARD HORIZONTAL LAP SIDING - 8" WEATHER WOODWORKS FACTORY FINISHED CEMENT BOARD VERTICAL BOARD AND BATTEN SIDING 1" THICKER EIFS TRIMS AT WINDOW HEADS GEMENT BOARD PANEL. SOFFITS PER TYP HIGH THERMAL PERFORMANCE STOREFRONT DOOR AND SIDELIGHT W/ ACCESS CONTROL CEMENTITIOUS STUCCO ON CONC 1" XPS FOAM SUBSTRATE W/ ELASTOMERIC PAINT FINISH - #1 CEMENTITIOUS STUCCO ON CONC 1" XPS FOAM SUBSTRATE W/ ELASTOMERIC PAINT FINISH - #2 PREFABRICATED BALCONY W/ ALUMINUM FRAME AND RAILING - COLOR BLACK PER TYP PREFABRICATED BALCONY W/ ALUMINUM FRAME AND RAILING - COLOR BROWN PER TYP CLEAR COATED HOT ROLLED STEEL PIPE SNOW FENCES HOLLOW METAL DOOR AND FRAME FIELD PAINT TO MATCH ADJACENT WALL FACTORY FINISH ROLL -UP GARAGE DOOR W/ SECURITY ACCESS CONTROL 6X6 545 CEDAR RAILING POST / SLOPE CUT TOP OPEN GRATE METAL STAIRS BATH FAN EXHAUST HOODS - PAINT TO MATCH ADJACENT WALL MATERIALS 935 S. Frontage Road West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com © This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . DATE: DD 19 FEB 2018 A301 ELEVATIONS July 17, 2018 - Page 192 of 204 X71'-71/4" Roof X62'-51/4" Level 4 53-31/2" Level 3 ak44'-13/4" Level 2 35'-0' Level 1 7 111 El lir a GI 'all 1 0■.11■1pII .iii 1 " a l C4 11 X23'-0' Parking Level 2 O m F z---- \ ® 20'-0/ Parking Level 1 7 ulnLl n� L r ELEVATION - NORTH 1/8" .1'-0" ELEVATION - kJEST 1/8" .1-0" 71'-71/4" $Roof 62'-51/4" $Level 4 53-31/2' Level 3 44-1 3/4" Level 2 $35'-0' Level1 7 uwui II � 1-1111 • M 11111111 1111111 1 16 0011;111 IIIIIIIIIIIIII� 10 0 mmpq 5.4 WM 7 I 5.4 ICI 11 ° ?I 12 5� 00 116 pong ,2 5 Es 7 IIS 111 Ilk i f 7 0 $23-0' Parking Level 2 ak20'-0/ Parking Level 1 7 111 0-1 ru IIIII�IIIg1IIIPRImoomomm r T 7 1 71'-71/4'" Roaf \ 62'-51/4" Level 4 m 61 \ 53-3 1/2 Level 3 m ai \ 44-1 3/4" Level 2-1P' 35-0' Level 23'-0� Parking Level 2 0-0' Parking Level 1 7T-7 1/4" Roof 62'-5 1/4" Level 4 53-31/2" Level 3� 44-1 3/4" Level 2 35'-0' Level 149 23-0'� Parking Level 2 0-0" Parking Level 1 ELEVATION MATERIAL KEY 2 3 4 5.1 5.2 5.3 5.4 5.5 6 7 8 10 11 12 13 14 15 16 50 YEAR TOV COMPLIANT ASPHALT COMPOSITION SHINGLES FACTORY PAINTED METAL FLASHINGS PER TYPICAL PAINTED METAL CHIMNEY CAP $ FLASHINGS PELLA FOAM FILLED IMPERVA FIBERGLASS WINDOWS - SEE ,A601 (MAX U- .32) 3/4" NOM CEMENT BOARD FASCIA BOARDS WOODWORKS FACTORY FINISHED CEMENT BOARD HORIZONTAL LAP SIDING - 8" WEATHER WOODWORKS FACTORY FINISHED CEMENT BOARD VERTICAL BOARD AND BATTEN SIDING 1" THICKER EIFS TRIMS AT WINDOW HEADS CEMENT BOARD PANEL SOFFITS PER TYP HIGH THERMAL PERFORMANCE STOREFRONT DOOR AND SIDELIGHT W/ ACCESS CONTROL CEMENTITIOUS STUCCO ON CONC 1" XPS FOAM SUBSTRATE k/ ELASTOMERIC PAINT FINISH - #1 CEMENTITIOUS STUCCO ON CONC 1" XPS FOAM SUBSTRATE W/ ELASTOMERIC PAINT FINISH - #2 PREFABRICATED BALCONY W/ ALUMINUM FRAME AND RAILING - COLOR BLACK PER TYP PREFABRICATED BALCONY W/ ALUMINUM FRAME AND RAILING - COLOR BROWN PER TYP CLEAR COATED HOT ROLLED STEEL PIPE SNOW FENCES HOLLOW METAL DOOR AND FRAME FIELD PAINT TO MATCH ADJACENT WALL FACTORY FINISH ROLL -UP GARAGE DOOR W/ SECURITY ACCESS CONTROL 6X6 545 CEDAR RAILING POST / SLOPE CUT TOP OPEN GRATE METAL STAIRS BATH FAN EXHAUST HOODS - PAINT TO MATCH ADJACENT WALL MATERIALS 935 S. Frontage Road West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com © This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . DATE: DD 19 FEB 2018 A302 ELEVATIONS July 17, 2018 - Page 193 of 204 T.O. \O- EL O_EL 8288'- ci 1/2" T.O. DEC<INCS EL 525'- 4 5/I67" RIE)OE RIDGE PREVIOUS RIE OE EL 827c' -O 1/2" CONT IS" SNOW FENCE T.O. SEC<INO= EAVE EL 8_271'-'71/4" 40 5 12 5'-10" CARR I DOR VENTILATION EQU I P .1.1.1.11111.1.111.6 11.x.11.1.1.1.1.1.1.. .1.•.1.11.11.11.1.1.1:e T.O. 1E KINO= LVL 1 EL 8_2&7-5 1/4" T.O. DECD I \& = LVL 5 EL 8255-5 1/2" T.O. LVL 2 EL 8244=I 3/4" T.O. DEC<INCS= LVL I 40 40 EL 8255'-0" .0.5.— V\EST PARING .0.5.— EAST PARKING L 8223' -O" L 8223' -O" .L 821cf' -O" to 8227'-4" T.O. GYPGRETE TO F 10'-4" vi kN I a) m-�r T Ty m 0 T.O. GYPGRETE TO FIN GL mt Iiy 5'-2" m-�r T Ty kN 9 c) mt Iiy - O dJ 9 I L_ J m 1'-0" 11'-5 r 1 July 17, 2018 - Page 194 of 204 FTLJAL EUILDING S a FOO, CTON /7/ • GPSL Architects, p.c. 953 S. Frontage Rd. West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com © Copyright GPSL Architects, P.C. All Rights Reserved This document and the ideas and designs incorporated herein, as an instrument of professional service, Is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . Date: PERMIT ISSUE 2,6 MARCH 2018 PEG RESUBMIT 14 MAY_2018 DRB RESUBMIT 25 MAY 2018 Sheet Nurxiber^ A4OO FYP BLDG SECTION 0 72k Yt de holm- 1160a$20130111) (c) Wei, he mNhktta Tunics) based upon a design speed of 2.50mph After transition center of front axle follows smallest possible circular arc. Curb is orated 0.98ft noon the vehicle. Maximum kick out distmce is d.312f1. 1 5. 33 2017 Chevy Cruze (Secan) Overall Length Overall Width Overall Body Height IV in Body Ground- Clearance Max TrocK Wicth Lbc,<to locK time Wo \to Wall Turning 7adius 0 me 2011 Chevy Craze (Sedm) 15.330ft 5.880ft 4.727ft 0.926ft 5.125ft 4.00s 19.350ft 10' 20' tiie kik n6.00.39905(331) (c) MIRK k mh0addcca to tm(s) based upon a design speed of 2.50m h. After trmsilian center of front mole follows smallest possble circular arc. Cub is cateedd 0.98ft tom the vehicle. tlaximun kick out distances 11.285ft. 1bc 2017 Prus One (Hatchback) w16� Tum kx� 14.89 2017 Drius One ( atcnbacK Overall ben to Overall Width Overall Bocy eight Nin Bocy Ground Clearance Nax Track Wictn Lock to lock time Curb to Curu Turning Racius 1 L.890ft 5.780ft L.679ft 0.877ft 5.050ft 3.02s 16.750ft SCALE: 1" = 10' PROPOSED 4.0' SIDEWALK TYP.) ,41;yp, 7%, /////i, I __ PROPOSED 2.50' CATCH -CURB AND GUTTER TYP.) ° W -AL -1K° 4 °J • 4 ° 4 4 _ _-4a4 4 __----- °• ° °-.-- 1 °d d °d d 4 a° ° ° d 1 d -----�-- d° ---- ---- ' o 4 d July 17, 2018 — Page 195 of 204 22' ASPHALT DRIVEWAY CURB AND GUTTER TYP.) PROPOSED SIDEWALK TYP.) NORTH FRONTAGE ROAD r m REVISION DATE NO. Inter -Mountain ENGINEERING Civil Engineers & Surveyors P.O. BOX 978, AVON, CO 81620 PH: (970)949-5072 FAX: (970)949-9339 9618 BROOK HILL LANE, LONE TREE, CO 80124 EMAIL: INFO@INTER-MTN.NET CLIENT: SONNENALP RESORT AT VAIL This document was prepared for the exclusive use of the Client specified hereon. The use of this document or the information contained herein by any other person or entity is not authorized. In the event that any other person or entity desires to use this document or the information contained herein for any purpose they must first obtain written authorization from Inter—Mountain Engineering. This document and any information contained herein is intended to be used within one year of the date hereof. Use after that period is not authorized. TURNING MOVEMENT EXHIBIT SOLAR VAIL APARTMENTS 501 NORTH FRONTAGE RD. VAIL, COLORADO DESIGNED BY: BPS DRAWN BY: BPS CHECKED BY: BPS DATE ISSUED: 5/30/2018 PROJECT NO. 17-0066 SHEET 1 NO. OF 2 0 72k WYde holm-1160a$2'n30111) (c) Wei, he mNhktta Tunics) based upon a design speed of 2.50mph After transition center of front axle follows smallest possible circular arc. Curb is orated 0.98ft noon the vehicle. Maximum kick out distmce is d.312f1. 1 5. 33 2017 Chevy Cruze (Secan) Overall Length Overall Width Overall Body Height IV in Body Ground- Clearance Max TrocK Wicth Lbc,<to locK time Wo \to Wall Turning 7adius 0 2011 Chevy Craze (Sedm) 15.330ft 5.880ft 4.727ft 0.926ft 5.125ft 4.00s 19.350ft 10' 20' kik n6.00.39905(331) (c) MIRK rK mh0addcca 1m(s) based upon a design speed of 2.50m� ph. After trmsilian center of front a e follows smallest possble circular arc. Cub is cated 0.98ft lin the vehicle. Maxims kick out distances 11.285ft. 1bc 2017 Prus One (Hatchback) wow Tum kx� 14.89 2017 Drius One ( atcnbacK Overall ben to Overall Width Overall Bocy eight Nin Bocy Ground Clearance Nax Track Wictn Lock to lock time Curb to Curu Turning Racius 1 L.890ft 5.780ft L.679ft 0.877ft 5.050ft 3.02s 16.750ft SCALE: 1" = 10' PROPOSED 4.0' SIDEWALK TYP.) __ PROPOSED 2.50' CATCH -CURB AND GUTTER TYP.) 22' ASPHALT DRIVEWAY CURB AND GUTTER TYP.) PROPOSED SIDEWALK TYP.) °4 - ° ° 1 O 4 ° 4 d-- ° d d ° d f • d 41 ° O ° Y ° °1 Cd 4 ° d ° d .141 4 --_--- ° d° ---- ---- ' ° d ��----may-----y-----+- July 17, 2018 - Page 196 of 204 NORTH FRONTAGE ROAD r m REVISION DATE NO. Inter -Mountain ENGINEERING Civil Engineers & Surveyors P.O. BOX 978, AVON, CO 81620 PH: (970)949-5072 FAX: (970)949-9339 9618 BROOK HILL LANE, LONE TREE, CO 80124 EMAIL: INFO@INTER-MTN.NET CLIENT: SONNENALP RESORT AT VAIL This document was prepared for the exclusive use of the Client specified hereon. The use of this document or the information contained herein by any other person or entity is not authorized. In the event that any other person or entity desires to use this document or the information contained herein for any purpose they must first obtain written authorization from Inter—Mountain Engineering. This document and any information contained herein is intended to be used within one year of the date hereof. Use after that period is not authorized. TURNING MOVEMENT EXHIBIT SOLAR VAIL APARTMENTS 501 NORTH FRONTAGE RD. VAIL, COLORADO DESIGNED BY: BPS DRAWN BY: BPS CHECKED BY: BPS DATE ISSUED: 5/30/2018 PROJECT NO. 17-0066 SHEET NO. 20F2 144 GRSL 20' UTILITY LINEEASEMENT 1�1 20' S LINE ETBACK 1 2'-4" LP V-0" 22 Gas TO SLAB EL ip224'-;6" SURFACE MOUNT FIRE pXTINGUISHER CABINET- MAX HT ABV FLOOR <46'- TYP 2 -o.. 21G IS -4" PROP LINE SOLLOWTUCCO SFINISH F GRADE 23 24 l 0 fr 25 2� fr 28 ±2% PAR{: I NG 5 (ISO GOVEREE7) (5 GcMPAGT) (�GESSIBLE� ±2% 21.-0" 1 I I� I�vAI0,1 1E0TO SLAB EL 8223' -jam O I A I VERIFY BOILER ROOM \ 0 fr PARC I NG 13 SPAGz' 15 OVER GOMPAG 4 20' SET$A0K/ UTILITY LINE EASEMENT STUCCO FOFINISH LLOWS GRADE PRoP L HE / / / v//1/////// /// / Y//r/////// , r//////r/// Y//)2/////// Yr///r//r/ (r/// /////r/ //,/////// / ///////// r/1/////// ///////// //////r/ e/„,,,„/ ////r// r//r///// 31 r/r////r //////// r/////r/ ///// /// c„,, / -2//r/// //// .7 //// i- r///// �- ///// �r///////// //////////////// //I, / // VV///rr/rrr//////'/fr / / //////r/////// /// '// // // v///////////////, //rrrrr/r//// //://///4/'r/,/ // r /////////// // //,/ //r///, %/////////// / / / / / / ////:/// // /// //� rrr /r/ /r/ VV//r//////////// rr r/ / V////// // /// /, / 1(r/// // // / y / %///// 30 0 ////�///////// // /// //////////// 7-7 77-/ /7/ 7 7 /71 / / /////I/////////// /////,/////////// /////1//////// /////'////////r I\ II II II II 20' StTBAGK INE PROP LINE / / / REMOVE EXISTING WALL AND RE -GRADE SLOPE- SEE CIVIL PLANS PAVED AND SNOWMELTED FIRE ACCESS DRIVE (304 5 I F) AGoEss //// //////// /r // /////0.1-/-%///// ,fir/ July 17, 2018 - Page 197 of 204 / TOTAL PAVED AREA = 5550 SF // // // // // "'T9 // // // // // // // // // // // // // // LP -(32 --------T"FO SLAB EL 8222' ,-LOAD I N6 ZONE SEE CAVIL PLANS FOR SLOPES AND GRADIENTS PROF LINE NO RAISED CURB - THIS 15 LINE OF MATERIAL/COLOR CHANGE fT ASPHALT TO GONG , 75 SF r"c7E \ SEMI- RECESSED \ KNOX BOX LOCATION ' \ PER VAIL FIRE DEPT OPEN GRATE METAL \, STAIR w/ HANDRAILS \ AND GUARDS SNOW MELTED ENTRY WALK ND LOADING AREA (15,6 SF) SO' UTILITY EASEMENT LINE \ NO \, DEFINE \ ARE 'STRI / / / / 1- r I r I r RAISED CURB- PEDESTRIAN I, A w/ PAINTED \ PES ti SEE CIVIL PLANS , FOR NEW OFF-SITE. \ DI ,/ p4,4t r i 11 FLAN— PARKING LEVELS "°R.''' a Feet GPSL Architects, p.c. 953 S. Frontage Rd. West Vail, Colorado 81657 tel: 970.476.1147 k -n) n 0 0 < o 1111 < [y z > o <11 o (-N ‘-) v < q) > 9 Eci- 0 H 0 erved This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . PERMIT ISSUE MARGH _201E5 PEG RESUBMIT 14 MAY 201E3 DRB RESUBMIT _25 MAY _20Ia A201 PLAN- PARKING 14I GESL 20' SETBACK LINE SEE CIVIL PLANS FOR SITE WALLS AND GRADING 24' -II" I L PROP LINE July 17, 2018 - Page 198 of 204 /G II 0I 5'-2" 5' 2" UNIT 104 2 BRI 30'-216" 32'-11" TO GRID 6 16' -II/2" UNIT 101 STUDIO Ml� x�l 1.1. J ,j LAU \lDi2Y I 2,0 2x0 2xD 16'-I" UNIT IOi STUDIO o - r- 0 0 u "U r 01 1 i — — UNIT 105 STUDIO I6'-0" ELEC ROOM 14'-I" SEE CIVIL PLANS FOR SITE WALLS AND GRADING _ 20' SETBACK/ UTILITY EASEMENT LINE \O'-6 LL TOd4 PROP �I LINE UNIT 108 ACCESSIE3LE STUDIO + AD TO DECKING EL '235'-0" LO51E3Y/COMMON cLIH 11 LINE OF UTILITY EASEMENT 11 11 11 11 11 11 11 U1\ STUD 06 0 r- 0 m I6'-11/2" LP P FLAN- LEVEL I (35-0") O 2 4 8 Feet GROSS AREA: 10,710 SF GRFA: 7,cf15 SF GPSL Architects, p.c. 953 S. Frontage Rd. West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com 01) G I tl < n Q o < 0 <1: < II � ��O 0 z >< 0 I (-1fl tl d V} O En- / 0 © Copyright GPSL Architects, P.C. All Rights Reserved This document and the ideas and designs incorporated herein, as an instrument of professional service, Is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . Date: PERMIT ISSUE 2�6 MARCH 2018 PEG RESUBMIT 14 MAY 2018 DRB RESUBMIT 25 MAY 2018 Sheet Nuffiber- A2 02 PLAN- LVL 1 144 GRSL PROP LINE 20' SETBACK LINE ary 32'-1" TO GRID 6 14'-1" 20' SETBACK/ UTILITY EASEMENT LINE tUP DN 24'-11" I 5'-2" I;6'-11" a UNIT _201 STUDIO UNIT _207 STUDIO UN 7 202 ONE E3R 00 00 00 00 j UNIT 20c,! STUDIO + H UNIT _203 I ONE BR ELE ROOM -61 06 TO DECK I NG 1 0 EE UNIT 204 _2 lE3R STUD 0 STUD 0 0 \— LINE OF UTiLITY July 17, 2018 - Page 199 of 204 PROP LINE FLAN- LEVEL _2 (44-1 5/4") GROSS AREA: H „62(i4.5 SF GPSL Architects, p.c. 953 S. Frontage Rd. West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com 01) D_ n 0 o < 0 <1: < iv < 0 Z > I (-1 0 V < (d) 1111 > pni- ./ il— un) C Copyright GPSL Architects, P.C. All Rights Reserved This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . PERMIT ISSUE MARGH _201E5 PEG RESUBMIT 14 MAY 201E3 DRIB RESUBMIT _25 MAY _20Ia A205 PLAN- LVL _2 14I G L 20' SETBACK LINE 5'-8'k LP ON 24'-H" 0 5'-2" 32'-liz' TO GRID b 40. 1;6' -Ili" PROP I LINE I 1 0 U\T302 0\1E SR 30'-� 0 u 5' 2" UNIT 301 STUDIO rT, UNIT 303 ONE BR 1- '1 0-Q• 1 0 fi FIR 0 0 UNIT 504 BR 30'-2" LAUNDRY 3 2xD 2x0 2zD UNIT 307 STUDIO tT, II' -3" LINE OF UTjLITY EASEMENT July 17, 2018 - Page 200 of 204 U\IT 305 STUD 0 10' -O" 1 II TS' -416" 0 m 14'-I" 1/ 6410 I d -v 20' SETBACK/ UTILITY EASEMENT LINE '-% PROP LINE 00 00 00 00 UNIT 30q STUD10 R00 U \1 T 30,6 STUD 0 10'-0" m (4)TO DECKING EF. 825V-51/2" 0 +l'-7 5/ .I -I' -51/211 U\I T 300 STUD 0 I, '-11" LINE OP FLAN— LEVEL 5 (53-3 1/2") NoR-nH �J I GROSS AREA: H „6x4.3 SF 0 2' 4' 8 feet 6RFA: x, 74;6.3 SF GPSL Architects, p.c. 953 S. Frontage Rd. West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com GI tl < D_ n Q < 0 I .Ar. D_ < iv. < 0 z > <1: I/ � tld V} 1 E° 0(f — © Copyright GPSL Architects, P.C. All Rights Reserved This document and the Ideas and designs incorporated herein, as an instrument of professional service, is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . Date: PERMIT ISSUE 26 MARCH 2018 PEG RESUBMIT 14 MAY 2018 DRB RESUBMIT 25 MAY2018 S,hect Nuffiber- A2 0 PLAN- LVL 3 144 L PROP LINE 20' SETBACK LINE ary 32'-11" TO GRID 6 14'-1" 20' SETBACK/ UTILITY EASEMENT LINE 24'-11" 1 5'-2" 1;6'-I1" PROP �I LINE U N I T 401 STUDIO UNIT 40T STUDIO UN T 402 O\E 5R FAH j ,j STUDIO + UNIT 405 ONE BR 2 x ELEG ROOM -61 ifl 1 11 EE UNIT 404 1JNIT 405 UN 7 406 STUD 0 UN 7 40E, STUD 0 11 LINE OF UTiLITY July 17, 2018 - Page 201 of 204 PROP LINE FLAN- LEVEL 4 (0_2-5 1/49 GROSS AREA: H „62(i4.5 SF GPSL Architects, p.c. 953 S. Frontage Rd. West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com 01) n 0 o < 0 <1: < iv < 0 Z > I (-1 0 V < (d) > 0 En- il- C Copyright GPSL Architects, P.C. All Rights Reserved This document and the ideas and designs incorporated herein, as an instrument of professional service, Is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . PERMIT ISSUE MARGH _201E5 PEG RESUBMIT 14 MAY 201E3 DRB RESUBMIT 25 MAY _20Ia A205 FLAN- LVL 4 444 GESL T.O.D.— ROOF AT RIDGE EL 82.5.5'-41/2" OT.OD.— ROOF AT RIDGE EL .5288'-'11/2" /:1[ T.O.D.— ROOF AT FIN EAVE EL 8268'- 2 '1/I6"' T.O.D.- ROOF AT FIN EAVE EL .5211'-11/4" CIE•14. ram ...//,— WIMORY MINIS RI MO TO FINISH FASCIA- TYP I5 :L2 5 :12 5 :12 5 :12 VI:rtN",Lwrt„re RPM NM. ware: IRA RR LSO. rr-M SAFETY CAME SYSITNi TO eecw aEeE vv., ON eanx Nee T.O.D.- ROOF AT FIN EAVE, 00) EL 8211'-11/4" T.O.D.— ROOF AT FIN EAVE EL 8271-7 1/4" 4.tt FIRE RATED LOOM AHD f"NC%, 1,159V- WORDIKOrt LOGVION ',Yee CAR ROLL vovnre R Me ND. Miware: MIA RR Lr6Vl rn TTP SAFE, CABLE SE ROSYSTEM TO E aELOIK .us.' VENT ONSOUTM 867E July 17, 2018 - Page 202 of 204 COX". PIPE Wart a Xrnm TTE WRIER T.O.D.— ROOF AT FIN EAVE \ EL 8211'-'11/4" FLAN- ROOF I LJ I O 2' 4' 8 Feet GPSL Architects, p.c. 953 S. Frontage Rd. West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com 01) G I tl < D_ n Q o < 0 II 011- D_ < < < 0I (-1O Z > fl tl d V} O pp OH un) © Copyright GPSL Architects, P.C. All Rights Reserved This document and the ideas and designs incorporated herein, as an instrument of professional service, Is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . Date: PERMIT ISSUE 2�6 MARCH 2018 PEG RESUBMIT 14 MAY 201E3 DRB RESUBMIT 25 MAY 2018 She t Number A20b PLAN- ROOF W W w PROPERTY LINE (TYP.) 8290 _ 80� 8265. \ 7 • 8241.00' T.O.W. -- 8235.00' B.O.W. - 8240. 8234.308' 0' B.OT.O.W.W.. Gm -8255 8250- _ - _8-245 - - INSTALL REDI-ROCK OR CONCRETE RETAINING WALL (6.0' MAX) (TYP.) RE: STRUCTURAL 8239.00' T.O.W. 8235.00' B.0.W. 8234.15' 8243 8242 8241_ 8240 8234.50' \ \\ \ \ \ \\ \ \ -8280 88275- 8- 8226,5- INSTALL BOULDER RETAINING WALLS (4.0' MAX) (TYP.) RE: GEOTECH 8239.00' T.O.W. 8235.00' B.O.W. -8245 8242 REGRADE HILLSIDE ABOVE WALL AT - 2:1 MAX TO CATCH EXISTING GRADE - ISI INSTALL PERMANENT SH8245.00' T.O.W. \\\\\ REORG GEOTECH ALL (TYP.) m 8240.00' T.O.W. 8236.00' B.O.W. 8249.00' T.O.W. 8244.00' B.O.W. 2.39, 8234.15 8234.67' 2.39, "`8235' 8234.50' - 8234.20' 203;- 8243.30' m - - INSTALL BOULDER RETAINING WALLS RE: GEOTECH c 8250.00' T.O.W. c 8244.00' B.O.W. 8234.66' 8234.67' 8243.00' 8242.50' m 8234.67' 8232 /_ 8231 INSTALL 18" SQUARE INLET ( HEATED) , CONNECT TO BUILDING PARKING GARAGE AND APARTMENTS i STORMSEWER SYSTEM RE:RE: MEP PLANS ARCHITECT -8290 - 8285- 8280-- -8276 8280-_ -8265- ( 6.0' MAX) (TYP.) -8255- - 8250 -8245 - 82440-- - �- \ 8236 8235 \ 8234 8233 LANDSCAPE ISLAND RE: LANDSCAPE ARCHITECT INSTALL BOULDER\ RETAINING WALL (4.0' MAX) (TYP.) - RE: GEOTECH IN 1 PROPOSED DRAINAGE SWALE (TYP.) i REFER TO STORMSEWER PLAN AND PROFILE SHEET 8224.00' 8223.00' - INSTALL BOULDER - - 42°- 89 s1 8225.69' 8225.00' 8224.05 T.O.VV. RETAINING WALL ( 4.0' MAX) ( TYP.) RE: STRUCTURAL GAs • 8205.61' 9_01 „ fill 8227.00' T.O.W 111 37 9 �17 22> At -- 8225.9e T;O.W. - 38223.55' B.O.W. liII 8228.00' T.O.W. v- 8224.151 B.O.W. 8223.00 PARKING GARAGE AND APARTMENTS RE: ARCHITECT 13 SPA •s_ I I 13 rn _- 8231-� 8230 8229- 8228- 8228 8227_ 8228 8225► 8220.00' 8228.00' B.O.W. 8224.00' T.O.W. _5235 / 8226 8222.88' T.O.W. INSTALL CDOT 1.5' CONCRETE _ SPILL CURB AND GUTTER ( SECTION IB) AND ATTACHED 4.0' SIDEWALK (4" DEPTH) -8240 ( TYP.) -REFER TO DETAILS SHEET 8245- 8233.00' T.O.W. 8227.00' B.O.W. 8230.99' T.O.W 8228.99' T.O.W. �� rytiro 8223.01' B.O.W. -_ ac---r2 n A910 82.1.5 8226.00' T.O.W823° 823 8220.00' B.O.W. - 8225.00' T.O.W. • 8219.00' B.O.W. 8218 INSTALL REDI-ROCK RETAINING WALLS (6.0' MAX) (TYP.) RE: STRUCTURAL 8230.75' T.O.W. 8226.00' B.O.W. 8229.67' T.O.W. 8213.05' B.0.W. 8217.00T.0.W 8224.00' T.O.W. 8218.00_B.O.W. 8220.38' I II 8219.70' 8219.36' B.O.W. 8211.00' B.O.W 8219.61' 8219.83' _ -8220- 8223.25 _ - - 69,- - 8224.71' 8222.75' 8220 8222.80' 8222.25' a 4.0% _-- 8220.14' 8219.75' 8219.21' -8230- 8230- ---8225--- 8225 --822o J220 \a- 8216.22' T.O.W. 8210.22' B.O.W. 8214.00' T.O.W. 8222.53' -Tht-- 8222.33' 8222.33' - w 8221.19' 8222.75' 8223.30' B.O.W. 8227.18' T.O.W. EXISTING CONCRETE RETAINING WALL TO REMAIN 8222.56' B.O.W. 8226.06' T.O.W. 8222.07' R60.0' 8209.148208.64' - ' -7-78208.66. FOO 8208.50' \I8208 26' i 8220.97' 8221.69' B.O.W. 8226.01' T.O.W. 9- - INSTALL 1.0' CATCH CONCRETE N 8220.24' B.O.W. 8208.50' 8208.44J--- 8208.15' 208.44'-8208.15' 8220.30' T.0 W. / ry=�ry"�<V 8'1/ / / ,q�1 I, \� \� j 1=16 --- e2ia- \ /. )11,c �2�s -..� 8213 8210.00' B.O.W. "- 8209.22' 8209.22' -8270 8208.74' 2.0% - -F0 14.5% 0 20' NOTES: 1) THIS PLAN IS FOR SITE GRADING AND DRAINAGE REFERENCE ONLY, REFER TO ARCHITECTURAL, STRUCTURAL, MEP, AND LANDSCAPE PLANS FOR ALL OTHER SITE AND PROJECT INFORMATION. DEPICTED SITE INFORMATION HAS BEEN PROVIDED TO INTER -MOUNTAIN ENGINEERING BY THE ARCHITECT. CONTRACTOR SHALL NOT SOLEY RELY UPON DEPICTED SITE INFORMATION ON THIS PLAN AND ALL SITE IMPROVEMENTS SHALL BE FIELD VERIFIED AND BUILT FROM STRUCTURAL AND ARCHITECTURAL PLANS. 2) OWNER AND CONTRACTOR SHALL OBTAIN PERMISSION FROM NEIGHBORING PROPERTY OWNERS FOR GRADING IMPROVEMENTS BETWEEN LOTS. 3) INTER -MOUNTAIN ENGINEERING IS NOT RESPONSIBLE FOR GROUNDWATER MITIGATION OR DRAINAGE DESIGN FOR PROPOSED RETAINING WALLS. CONTRACTOR TO COORDINATE WITH WALL DESIGNER AND SOILS ENGINEER FOR DESIGN INFORMATION. 4) CONTRACTOR TO SLOPE PATIO SLABS/PAVERS TO PROPOSED STORMSEWER DRAIN INLET LOCATIONS. 5) TOPOGRAPHIC INFORMATION PROVIDED BY INTER -MOUNTAIN. CONTRACTOR TO VERIFY EXISTING SITE INFORMATION AND TO NOTIFY ENGINEER IMMEDIATELY IF DISCREPANCIES EXIST. 40' SCALE: 1" = 20' - 8209 - 8208 • 8212 _82ii. CURB AND GUTTER ( MODIFIED) ___ -REFER TO DETAILS SHEETS 8207.59' Fo FO -8210 8207.02' CEXL JIRS0BTIANNG:2G.5b'CTOT'ENRCR(ET'TyEpl____8::482'120:67g.;08.E:XA .,CONDRETE SIDEWAL.K . , 8206.77' EXISTING CENTERLINE ( TYP.) NORTH FRONTAGE ROAD 8206.77' 8206.87' 8206.76' 8206.79' MATCH EXISTING INSTALL CDOT 2.5' CONCRETE CATCH CURB AND GUTTER ( SECTION IIB) 82o5- 8201 8208.19' 8207.99' REFER TO STORMSEWER PLAN AND PROFILE SHEET 8208.33' 8207.10' 8207.84'8208 8207 16' 8207.50' 3E. 8207.50' 8207.48' 8207.86' 8207.83' UE UE E ego 8208.05' 8207.60' 8207.60' 8207.60' �E cn PROPOSED 8.0' CONCRETE VALLEY PAN ( TYP.) D UE UE UE UE SD UE uE UE UE 8270 U -11E SD 0 Liu e. is 0 Lu LIJ 00 Go CQ o Z C4 CC 00 EXISTING ROADWAY STRIPING ( TYP.) EXISTING EDGE OF ASPHALT - ! : : .: -00 .: :1 . . ,1 -°2o.-4 ) :' .. c: : F. ,- w. c 1 ')'7 7_,::1 12: .,- '2Ec° -- 5c!: .2c:cc:c .:1,=2:c 4 2- c'. c!:: , _:: - :0 _I : ' . 2:8 -. 5: : . c. - '- (' ; :i :24:2 0 • 00-:,_ ili D .N•I 8225 8220 8215 8210 CO CO Lai LOW PT. STA. 1+52.23 LOW PT. ELEV. 8208.37' PVI STA. 1+82.23 PVI ELEV. 8208.97' A.D.=6.00% to CD CO CN1 C° 6i 6-1 o Lu w BVCS: 2+94.00 BVCE: 8217.91 EVCS: 3+06.00 EVCE: 8218.63 oo oo Lai CNI CNI CO oo oo cn co L.L1 823 872 MATCH GRADE AT EDGE OF ASPHALT 4.71% TA. 1+15.49 STA. 1+40.30 EL=8208.13' 3.75% 2 00% STA. 1+51.2 0 PROPERTY LINE / 4.00% 0.00% 1.72% EXISTING GRADE 4.00% PROPOSED GRADE 8200 PATH CROSSING AT DRIVEWAY 8211 820 820 VALLEY PAN oo 04 co cc FG=8208.32' CD CD CNI oo 14) FG=8210.47 73) op 04 04 oo tri co FG=8216.39' 00 ai oo cd Fl CO Csl 00 73) CO 00 oo FG=8222.11 EG=8220.7 FG=8222.11 FG=8222.35' csi CNi CO 0 cc 0 0 0 cc SOLAR VAIL APARTMENTS 501 N. FRONTAGE RD. VAIL, COLORADO FOR BURIED UTILITY INFORMATION THREE (3) BUSINESS DAYS BEFORE YOU DIG CALL 811 (or 1-8C0-922-1987) LIIIUTY NOTIFICATION CENTER OF COLORADO (UNCC) 1+25 1+50 1+75 2+00 2+25 2+50 2+75 3+00 Driveway Centerline PROFILE HORIZ. SCALE: 1"=20' VERT. SCALE: 1"=20' 3+25 3+50 3+75 4+00 4+25 4+50 4+75 ISSUED FOR PERMIT July 17, 2018 - Page 203 of 204 DESIGNED BY: BPS DRAWN BY: BPS CHECKED BY: JMS DATE ISSUED: 5-25-18 PROJECT NO. 17-0066 SHEET NO. >- 0 Et DATE z 0 Liu e. is 0 Lu LIJ 00 Go CQ o Z C4 CC 00 EXISTING ROADWAY STRIPING ( TYP.) EXISTING EDGE OF ASPHALT - ! : : .: -00 .: :1 . . ,1 -°2o.-4 ) :' .. c: : F. ,- w. c 1 ')'7 7_,::1 12: .,- '2Ec° -- 5c!: .2c:cc:c .:1,=2:c 4 2- c'. c!:: , _:: - :0 _I : ' . 2:8 -. 5: : . c. - '- (' ; :i :24:2 0 • 00-:,_ ili D .N•I 8225 8220 8215 8210 CO CO Lai LOW PT. STA. 1+52.23 LOW PT. ELEV. 8208.37' PVI STA. 1+82.23 PVI ELEV. 8208.97' A.D.=6.00% to CD CO CN1 C° 6i 6-1 o Lu w BVCS: 2+94.00 BVCE: 8217.91 EVCS: 3+06.00 EVCE: 8218.63 oo oo Lai CNI CNI CO oo oo cn co L.L1 823 872 MATCH GRADE AT EDGE OF ASPHALT 4.71% TA. 1+15.49 STA. 1+40.30 EL=8208.13' 3.75% 2 00% STA. 1+51.2 0 PROPERTY LINE / 4.00% 0.00% 1.72% EXISTING GRADE 4.00% PROPOSED GRADE 8200 PATH CROSSING AT DRIVEWAY 8211 820 820 VALLEY PAN oo 04 co cc FG=8208.32' CD CD CNI oo 14) FG=8210.47 73) op 04 04 oo tri co FG=8216.39' 00 ai oo cd Fl CO Csl 00 73) CO 00 oo FG=8222.11 EG=8220.7 FG=8222.11 FG=8222.35' csi CNi CO 0 cc 0 0 0 cc SOLAR VAIL APARTMENTS 501 N. FRONTAGE RD. VAIL, COLORADO FOR BURIED UTILITY INFORMATION THREE (3) BUSINESS DAYS BEFORE YOU DIG CALL 811 (or 1-8C0-922-1987) LIIIUTY NOTIFICATION CENTER OF COLORADO (UNCC) 1+25 1+50 1+75 2+00 2+25 2+50 2+75 3+00 Driveway Centerline PROFILE HORIZ. SCALE: 1"=20' VERT. SCALE: 1"=20' 3+25 3+50 3+75 4+00 4+25 4+50 4+75 ISSUED FOR PERMIT July 17, 2018 - Page 203 of 204 DESIGNED BY: BPS DRAWN BY: BPS CHECKED BY: JMS DATE ISSUED: 5-25-18 PROJECT NO. 17-0066 SHEET NO. VAIL TOWN COUNCIL AGENDA MEMO IT EM/TOPIC: Adjournment est. 9:00 p.m. TOWN Of UAIL July 17, 2018 - Page 204 of 204