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HomeMy WebLinkAbout2018-08-07 Agenda and Supporting Documentation Town Council Evening MeetingVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, August 7, 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. Welcome Japan Exchange Students 2.1. Global Friendship Exchange Program - Japan Student Exchange 10 min. Presenter(s): Mia Vlaar, Patty McKenny, Town of Vail, Souichi Nakamura, I nterpacific Network Corporation, Eiichi Kodama, Yamanouchi-machi, Japan Action Requested of Council: Welcome Japan Exchange Students to Vail, Ms. Haruka Kogoi, Ms. Haruko Suzuki, Ms. Rikako Takizawa, Ms. Kana Yumoto, and Yamanouchi-machi official and chaperone, Mr. Eiichi Kodama. Background: The Japan Student Exchange Program continues the Global Friendship Exchange relationship with Yamanouchi-machi Japan that was recently approved last January 2018. This student exchange helps fulfill the annual action programs suggested in the Memo of Understanding with Yamanouchi-machi and Agreement with Nagano Prefecture, to implement cooperative projects, of which this would support the "cultural exchange" programming. Four students from Yamanouchi-machi have been staying in Vail with host families and participating in some of the recreational and cultural opportunities in Vail. 3. Consent Agenda 3.1. Minutes from June 19, 2018 meeting 3.2. Minutes from July 3, 2018 meeting 3.3. Agreement for Professional Services with Interpacific Network Corporation (Souichi Nakamura) Global Friendship Exchange Program 3.4. Resolution No. 32, Series of 2018, A Resolution Approving the Revised Title August 7, 2018 - Page 1 of 358 VI Compliance Plan for the Town of Vail Transit Operations; and Setting Forth Details in Regard Thereto. 3.5. Request form Betty Ford Alpine Garden to place an 8'x8' structure adjacent to the School House in Ford Park. 3.6. Request to award construction contract to Triphase Electric in the amount of $125,952 to install electrical service to the east end of the Ford Park parking lot for special events. 3.7. Colorado Coalition of Climate Action 2018-2019 Policy 4. Town Manager Report 4.1. Town Manager Report 5. Presentations / Discussion 5.1. Presentation about Autonomous Vehicles 60 min. Presenter(s): Rutt Bridges, Executive Director, Understanding Disruption, Inc. Action Requested of Council: Informational only. Background: Executive Director of Understanding Disruption, Inc., Rutt Bridges, will present about "how life would change for the better with autonomous vehicles". 5.2. Comprehensive Open Lands Plan Review (Trails) 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 4, Trails. As part of this meeting, Staff will also follow up with Town Council on the discussion from the July 17, 2018 meeting on Chapter 3. Background: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update relating to Trails. The Plan identifies 12 trail ideas which are shown on a Conceptual Trails Plan, for consideration by the Town Council. Staff Recommendation: The Community Development Department recommends that the Town Council provide feedback on any elements of the Trails (Chapter 4) section of the draft 2018 Open Lands Plan Update that may need to be modified. 6. Action Items 6.1. 2018-2020 Council Action Plan Presenter(s): Greg Clifton, Town Manager Action Requested of Council: Adopt Council's Action Plan. Background: The Town Council has developed its 2018-2020 Action Plan over the course of several meetings beginning in January. The plan is being presented with final edits from July 17 meeting included. The Action Plan is ready for approval at this time. 7. Public Hearings 90 min. 10 min. August 7, 2018 - Page 2 of 358 7.1. Ordinance No. 12, Series of 2018, First Reading, An Ordinance for a Zone 30 min. District Boundary Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 12, Series of 2018, upon first reading. Background: The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. Staff Recommendation: On June 25, 2018, the Planning and Environmental Commission (PEC) was unable to forward a recommendation to the Vail Town Council for a zone district boundary amendment. The PEC deadlocked 3-3 on a motion to recommend approval of the zone change with Commissioners Stockmar, Kurz and Kjesbo voting in the affirmative and Commissioners Gillette, Hopkins and Perez opposed. Commissioner Lockman was absent from this meeting. 7.2. Ordinance No. 13, Series of 2018, First Reading, An Ordinance for a 15 min. Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2018, upon first reading. Background: The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc., are requesting the first reading of Ordinance No. 14, Series of 2018, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle. Staff Recommendation: On July 9, 2018, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation of approval to the Vail Town Council for Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations August 7, 2018 - Page 3 of 358 purposes, located in the vicinity of 500 and 534 East Lionshead Circle. 7.3. Ordinance No. 14 Series of 2018, First Reading, An Ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski Storage/Ski Club, and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 14, Series of 2018, upon first reading. Background: In an effort to provide the community, retailers and code enforcement with a better understanding of what does and does not constitute commercial ski storage, staff, Vail Resorts and the Vail Chamber and Business Association recommend that the Vail Town Council consider the proposed changes to the definition of Commercial Ski Storage/Ski Clubs in the Vail Town Code. Staff Recommendation: On July 23, 2018, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation of approval to the Vail Town Council for Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage 8. Adjournment 8.1. Adjournment at 10:10 p.m. (estimated) 10 min. 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. August 7, 2018 - Page 4 of 358 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Global Friendship Exchange Program - Japan Student Exchange PRESENTER(S): Mia Vlaar, Patty McKenny, Town of Vail, Souichi Nakamura, Interpacific Network Corporation, Eiichi Kodama, Yamanouchi-machi, Japan ACTION REQUESTED OF COUNCIL: Welcome Japan Exchange Students to Vail, Ms. Haruka Kogoi, Ms. Haruko Suzuki, Ms. Rikako Takizawa, Ms. Kana Yumoto, and Yamanouchi- machi official and chaperone, Mr. Eiichi Kodama. BACKGROUND: The Japan Student Exchange Program continues the Global Friendship Exchange relationship with Yamanouchi-machi Japan that was recently approved last January 2018. This student exchange helps fulfill the annual action programs suggested in the Memo of Understanding with Yamanouchi-machi and Agreement with Nagano Prefecture, to implement cooperative projects, of which this would support the "cultural exchange" programming. Four students from Yamanouchi-machi have been staying in Vail with host families and participating in some of the recreational and cultural opportunities in Vail. August 7, 2018 - Page 5 of 358 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from June 19, 2018 meeting ATTACHMENTS: Description June 19 2018 Meeting Minutes TOWN OF 1 X41 August 7, 2018 - Page 6 of 358 Vail Town Council Meeting Minutes Tuesday, June 19, 2018 10:00 A.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 10:00 A.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Greg Moffet Member absent: Jen Mason Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Site Tour of Town -Owned Facilities used by Vail Recreation District Presenter(s): Mike Ortiz, Vail Recreation District Background: Mike Ortiz, Executive Director, and Members of the Vail Recreation District have invited Town Council to tour town owned facilities used by VRD for recreational programming. There will be visits to the following facilities, Imagination Station, Dobson Ice Arena, Vail Gymnastics Center, Vail Tennis Center, Vail Athletic Fields, and Vail Golf and Nordic Clubhouse. The tour will provide an opportunity for VRD to show the facilities and review the operations at each one. The tour finished and the council meeting continued at 1:30 p.m. 2. DRB / PEC Update Presenter(s): Chris Neubecker, Planning Manager There were no call-ups on any items. 3. Presentations / Discussion 3.1. 2017 Financial Audited Financial Statements for the Town of Vail Presenter(s): Kathleen Halloran, Finance Director and Michael Jenkins, McMahan and Associates Action Requested of Council: The 2017 audited financial statements are presented for Council information; no action requested Town Council Meeting Minutes of June 19, 2018 Page 1 August 7, 2018 - Page 7 of 358 Background: In accordance with section 9.11 of the Vail Town Charter, an independent audit shall be made of all town accounts at least annually. The audit shall be conducted by certified public accountants and made available for public inspection at the municipal building. The 2017 audit was conducted by McMahan and Associates, LLC. A presentation was given by Finance Director Kathleen Halloran, see memo in council packet materials. Michael Jenkins, McMahan and Associates, highlighted the Independent Auditor's Report (full report included in council packet), as well as the Management Disclosure and Analysis Report. In summary, Mr. Jenkin's presented their firm's opinion as follows; Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, each major fund, land the aggregate remaining fund information of the Town of Vail, Colorado as of December 31, 2017, and the respective changes in financial position and where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. There were comments made about volatility, the town's projected reserve amounts, and the increasing demands on the RETT and CIP funds. It was noted that the town has been in a unique position to be able to fund many of its capital projects. There were also comments about the need to be cautious with spending the fund balances in the future. 3.2. 2018 Open Lands Plan Update - Timeline and Review Process Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: At the June 5, 2018 meeting, Council directed staff to facilitate a review process for the 2018 Lands Plan. Update that will ensure a comprehensive and thorough review of the plan update as a precursor to Council taking action on the plan. We ask that the Town Council review the proposed timeline and review process and provide feedback to Staff to confirm our understanding of the public hearing process and plan review timeline. Background: The review of the 2018 Open Lands Plan Update will require multiple meetings. In order to ensure a thorough review of the different aspects of the Plan, Staff recommends breaking the review into manageable segments. Staff Recommendation: Staff recommends the Town Council review the proposed timeline and review process and provide feedback on any changes that may be required. Chris Neubecker, Planning Manager, introduced the topic and presented a summary of the timeline and review process, noting past and future meetings will be proposed for reviewing the open lands plan, see chart below. A request was made for a separate meeting to address "wildlife". Tom Braun, Braun & Associates, Inc., also introduced some ideas about reviewing the material; they may include USFS representatives and other officials with the discussion. A request was made for ensuring there is input from many resources regarding wildlife as it is important to rely on the local sources; some did not want to include a conversation about trails and wildlife. Other factors considered are listed as follows: • Need a multi faceted approach to reviewing the topic • Include wildlife bullet point with each conversation • Maybe there is an underlying discussion about policy that needs to happen Town Council Meeting Minutes of June 19, 2018 Page 2 August 7, 2018 - Page 8 of 358 • Need facts & beliefs with the discussion • Let's prevent the extinction of wildlife populations • Schedule out four meetings • Would prefer the use of site visits with the discussion 2013 Update to the 1394 Comprehensive Oben Lands Plan II.ITItODUCT1ON ToW IICAL R EVIL11111 Meetir *1 Me r * r MeetiN.0 ldStirlaf4 Meetint;41.5 Irhemdurhe.+;a.rrykw of l-, 1011 Opm L -uer Elan Updarr Su-•-]erd Novae eh to Council} re5rcw o-ho.aa/on err [nuneCrgennir Ireprvion of draft Sperlfk gurelfo soy come mil WCcra+cl 1_ Enwironmentalb+ Tc',yrr weed Trails w' [ 14 plan. 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Croft Ryer_ Errfk Fclkw Ira as dea=r& Fc,kw ur Jr nrccuary Fakw ur Jr nrcco.ry 3.3. Commercial Ski Storage Review Presenter(s): Jonathan Spence, Senior Planner AP-PRO/Al Mncebt f] rrc]rntatron or RVtred filen CcroW rrolon of whiten For appro+'y Background: The purpose of this discussion is to update the Vail Town Council regarding the Town's policy concerning the regulation of commercial ski storage, ski valet and ski concierge services. The desired outcome of this discussion is for the Town Council to recommend that the proposed amendments be reviewed by the Planning and Environmental Commission for a recommendation prior to returning to the Town Council in the form of an ordinance. Jonathan Spence, Senior Planner, presented an update about some proposed amendments to the Vail Code addressing issues related to ski storage, with a focus on 1) clarifying what is and is not considered commercial ski storage, and 2) clarifying ski storage as part of a lodge or dwelling unit. He noted in the memo, that in an effort to provide the community, retailers and code enforcement with a better understanding of what does and does not constitute commercial ski storage, staff, Vail Resorts and the Vail Chamber and Business Association recommended the following additional language be added to the definition section (Section 12-2-2) of the Vail Town Code. New language proposed is shown in bold, per the council packet memo: COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: A. Personal lockers, B. Boot dryers, Town Council Meeting Minutes of June 19, 2018 Page 3 August 7, 2018 - Page 9 of 358 C. Ski storage racks, D. Ski tuning, E. Food and beverage service, F. Areas for congregation and/or socializing, G. Restrooms and/or shower facilities, H. Nonwinter activities, I. Concierge ski services, J. Retail sales, K. Business center. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is located within the lodge or dwelling unit, is not considered commercial ski storage/ski club. The following activities, when accessory to a retail operation, shall not be considered ski storage: A. The outdoor display of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Outdoor display is subject to requirements of Section 12- 14-21: OUTDOOR DISPLAY OF GOODS. B. The indoor storage, on levels of a building other than the basement or garden level, of skis or skiing related equipment that is available for sale, available for rent, rented from the same business or recently serviced. A number of meetings have been held with stakeholders, August, September and October of 2017. There was approval from the town council for the staff recommendations and the next step of sending them to PEC for review. Staff would return with a draft ordinance on this matter in the near future. 3.4. Vail America Days Update Presenter(s): Mia Vlaar, Economic Development Director, Mark Novak, Fire Chief Action Requested of Council: Informational only. Background: Review Vail America Days planning with highlights about Council participation, sustainability efforts, Vail Health access, status and options for fireworks, and viewing route. Several topics were addressed as follows: ✓ Parade marshals include Elaine & Art Kelton ✓ The theme is America's Great Outdoors ✓ Vail Health Access: the parade route is the same; some viewing route changes have been made due to construction at Vail Health ✓ Sustainability Efforts: including water filling stations, gas vehicle reduction initiatives, event souvenirs will not be used only candy ✓ Other New Elements: including an announcement and filming platform ✓ Fireworks Display: recent rains have helped but the fireworks permit has not yet been issued; they will wait and watch the weather before making final determination; fireworks have been ordered but can be used during New Year's Eve celebration ✓ Additional comments addressed changes to 2019 route including the idea of switching the direction of the parade from west to east; there are some challenges that would need to be addressed related to staging, etc. ✓ What are rules with personal fireworks : nothing is allowed with the Stage One Fire Restriction status Town Council Meeting Minutes of June 19, 2018 Page 4 August 7, 2018 - Page 10 of 35i: 3.5. Update and Discussion on Community Bike Share Presenter(s): Mark Hoblitzell, Environmental Sustainability Coordinator Action Requested of Council: Does the Vail Town Council support the Climate Action Collaborative recommendation on bike share and use of staff time to develop a countywide bike share program? Background: The Vail Town Council initially discussed bike share in a work session in August of 2016. Since that presentation, bike share has seen rapid growth, particularly with electric assist bikes, electric scooters, and dockless systems that can be launched at little to no cost to the community. Bike share programs exist in many resort communities such as Aspen, Avon, Jackson, Park City, and Sun Valley. Staff Recommendation: Staff recommends that the Vail Town Council support the CAC recommendation on bike share and direct staff to continue working with regional partners on the development of a countywide system. Staff will return with further discussions on system design, implementation, and budget. Mark Hoblitzell, Environmental Sustainability Coordinator, made his presentation addressing a countywide bike share program which is part of the Climate Action Collaborative, and included discussion about the following: 2009 Environmental Sustainability Strategic Plan Goal #6 — Reduce the environmental impact of transportation by supporting efforts) within the Eagle Valle) to decrease total Vehicle Miles Traveler! (VMT) by commuters and guests by 20% by 2020. Objective #2 - Establish collaborative partnerships for improved use of mass transit. Objective #3 - Increase bicycle use and alternative low impact modes of transportation. He explained what a bike share program offers and described other regional resort programs. He noted that the Climate Action Collaborative addressed such a regional bike share system program that would run through one government body, likely ECO. There were some concerns expressed about programming, such as: • "who" would really use the program with bus services already offered • a solution to a problem that did not exist • how would the program would be financed; is it funded regionally • Has the business community provided feedback on such program? There was not full support to move this effort forward in developing this program; there was a split between those supporting it and those not supporting it. Mason arrived just after the discussion concluded and did express her support of the programming. Council did support staff continue conversations with the Vail business community about the bike share program. 3.6. Bravo! Vail Update Presenter(s): Jason Denhart, VP of Development, Bravo! Vail Town Council Meeting Minutes of June 19, 2018 Page 5 August 7, 2018 - Page 11 of 35i: Action Requested of Council: Informational only. Background: Preview upcoming 2018 Bravo! Vail season and 2019 new programming. A Bravo! Vail update was presented. 3.7. Presentation of 2018 Community Survey Results 6 Presenter(s): Suzanne, Silverthorn, Communications Director, Chris Cares, RRC Action Requested of Council: Review the top-level results of the Community Survey as presented, ask questions and determine if other discussions are of interest as additional follow up. Background: The Town of Vail Community Survey is a key measurement used by the Town Council and staff to probe public policy issues and solicit feedback on other topics of community interest. It is also used to measure the town's operational performance. Conducted every other year, the 2018 survey was fielded in late -March with responses collected through April 30. Chris Cares, RRC, spent some time reviewing the community survey results with some highlights as follows: ✓ New questions were included in the survey ✓ Department ratings were up overall ✓ Parking continues to get a lower rating ✓ Responses to the "right track wrong track" question showed a slight reduction in the "Right track" answer; may have been a result of the short term rental & parking challenges ✓ Community support continues for environmental sustainability, public safety and transportation ✓ Community responses gave strong financial support to the environment and housing prog rams ✓ Conversations will continue about how to engage more people with the survey ✓ There were many comments to the open ended questions and a link to a portal to review them was provided Vail Town Council @VairTownCourcil . Jun 19 The oxe r-enclec cLestions can be accessed by web access at Town of Vail Community Survey 2018 Town of Vail Community Survey 2018 Town Council thanked and commended Silverthorn and Cares on their work with the community survey over the years. 4. Information Update 4.1. VLHA Meeting Results 5 min. 4.2. DRAFT meeting minutes from the CSE meeting on June 6, 2018 Town Council Meeting Minutes of June 19, 2018 Page 6 August 7, 2018 - Page 12 of 35€ 4.3. VEAC meeting minutes from June 12, 2018 5. Matters from Mayor, Council and Committee Reports 5.1. Matters from the Mayor, Council and Committee Reports Presenter(s): Dave Chapin, Mayor Chapin: ■ Suggested the Vail Local Housing Authority should meet regularly in the council meeting room. There were some who thought it was acceptable for the VLHA to meet in other meeting rooms throughout the town offices especially in light of the shortcoming of the council chambers, i.e. chairs, no conference table, etc. . Langmaid: ■ Suggested the town use an indicators dashboard to show status and trends with different economic indicators and that it be available to the public as it would also support the sustainable destinations action items ■ Thanked Molly Eppard and AIPP for the amazing Stickwork project at Ford Park. ■ Concerned about wildlife on 1-70 getting killed and what could be done to prevent it Mason: ■ Suggested they don't follow a vehicle in the parade Coggin ■ Thanked those who assisted with and attended the Vail Valley Young Professionals cocktail hour; said it was great to interact with the elected and the young professionals Bruno ■ Reminder that the north trail opening is upcoming soon ■ Make sure bike path is free from vehciles ■ Congrats to those involved with the Stickworks project; the grand opening is on Friday 4 pm to 6 pm with artist Patrick Daugherty Moffet ■ Requested the Library consider providing digital access to the Wall Street Journal Foley ■ Thanked PW for painting crosswalks ■ Why are landscape companies blocking the roads; time for some enforcement ■ Suggested a review of a letter regarding the Land and Water Conservation Fund 6. Executive Session 6.1. Executive Session pursuant to C.R.S. 24-6-402(4)(b)(e) — to receive legal advice on specific legal questions and to develop a strategy and instruct negotiators, regarding Solar Vail work force housing project, litigation update, and other legal matters. Presenter(s): Matt Mire, Town Attorney Moffet moved to convene to Executive Session to review topics identified above (5:06 p.m.) Foley seconded the motion and it passed (6-0; Mason absent). The executive session adjourned (5:30 p.m.). 7. Break The regular meeting reconvened again at 5:45 p.m. Town Council Meeting Minutes of June 19, 2018 Page 7 August 7, 2018 - Page 13 of 35E 8. Consent Agenda 8.1. Resolution No. 24 Series 2018 Amending the Town of Vail Employee Housing Guidelines to Facilitate the Incorporation of Amendments made to the Resale Housing Lottery Process Moffet moved to approve Resolution No.24; Bruno seconded the motion and it passed (6-0; Mason absent). 9. Action Item 9.1. Resolution No. 25. Series of 2018 - A resolution approving the second amendment to the Development Agreement between the Town of Vail, The Vail Local Housing Authority and Sonnenalp Properties, Inc.; and setting forth details in regard thereto. Presenter(s): George Ruther, Housing Director Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 25, Series of 2018 Background: The Town of Vail, Vail Local Housing Authority and Sonnenalp Properties, Inc. have entered into a development agreement to facilitate the construction of 65 new deed - restricted apartments in the Town of Vail. The parties wish to amend said agreement a second time to acknowledge an increase in the total number of "restricted units" in the development. Staff Recommendation: The Town of Vail Housing Department recommends the Vail Town Council approves Resolution No. 25, Series of 2018, as read. George Ruther, Housing Director, reviewed the matter. Moffet moved to approve Resolution No. 25; Bruno seconded the motion and it passed (6-0; Mason absent). There was no public comment on the topic. 9.2. First Reading of Ordinance No. 11, Series 2018, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, and Real Estate Transfer Tax Fund Presenter(s): Kathleen Halloran, Director of Finance and Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 11, Series 2018. Finance Director reviewed the memo from the council packet, addressing Mid -Year Revenues, Reserves, the Budget Supplemental requests, and highlight about all funds, Capital Projects, RETT, Housing Fund. (see memo for details). She noted that reserves are projected to total $47.7 million at the end of 2018. There was a review of three proposals for funding during the "off -cycle' timeframe, including a request from VRD for field maintenance costs at Eagle -Vail, a Vail Holiday ice skating festival, and Vail International Dance for marketing. A review of the funding request for housing InDeed program was discussed; the request for funding was $1.5M. Steve Lindstrom and Molly Morales, VLHA, commented on the programming noting they would like to fully market the program in the near future but want to ensure there is a funding source. There are requests pending in the amount of $700K plus. Town Manager Clifton expressed Town Council Meeting Minutes of June 19, 2018 Page 8 August 7, 2018 - Page 14 of 35i: support for housing initiatives but concern about 1) the current structure with the VLHA and the Town staff, 2) the process for the decision-making for the deed restriction program, and 3) the current funding reserves for both the Capital and RETT funds noting that continued funding for the Vail InDeed program from these two funds is not sustainable. Council comments were heard at this time and there was general support of funding the housing deed restriction program at this time with capital funds. There was also support expressed for moving forward in 2129 to identify a permanent funding source for funding housing. Chapin invited public input and Mac Grusbeck offered his support of the Vail InDeed program. Moffet moved to approve Ordinance No. 11, Series 2018, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, and Real Estate Transfer Tax Fund ; Bruno seconded the motion and it passed (5-1; Foley opposed, Mason absent). 10. Public Hearing 10.1. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Presenter(s): Justin Lightfield, Planner Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon second reading. Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations. Staff Recommendation: Staff recommends that the Vail Town Council table this item to the meeting of July 3, 2018. Moffet moved to table until July 3rd Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities; Foley seconded the motion and it passed (6-0; Mason absent). There were no public comments on the matter. 11. Town Manager Report Presenter(s): Greg Clifton, Town Manager Several highlights were presented: ✓ Future review of the Vail Police Department "year in review" ✓ Status of recruitment for Community Development Director ✓ Update about some IT needs Town Council Meeting Minutes of June 19, 2018 Page 9 August 7, 2018 - Page 15 of 35i: ✓ Status of recruitment for Assistant Town Manager 12. Citizen Participation There was no one who stepped forward with citizen comments. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 6:25 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of June 19, 2018 Page 10 August 7, 2018 - Page 16 of 35€ VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from July 3, 2018 meeting ATTACHMENTS: Description Minutes from July 3, 2018 meeting TOWN OF 1 X41 August 7, 2018 - Page 17 of 35E Vail Town Council Meeting Minutes Tuesday, July 3, 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 1A. Consent Agenda (This item was considered during the Afternoon Session) 1.1. Resolution No. 26, Series 2018, A Resolution Approving a Mutual Release of Restrictive Covenant Amended and Restated Development Agreement Between the Town of Vail and Alejandro Gonzalez Cimadevilla; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 26; Bruno seconded the motion and it passed (7-0). 1.2. Resolution No. 27 Series of 2018, A Resolution Approving an Intergovernmental Operations Agreement Red Sandstone Elementary School Parking Structure (the "Agreement"); and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 27; Bruno seconded the motion and it passed (7-0). 1.3. Resolution No. 28, Series of 2018, A Resolution Approving an Amended and Restated Reciprocal Hazardous Material Incident Intergovernmental Agreement ("IGA") Between the Town of Vail and Regional Hazardous Materials Association of Colorado; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 28; Bruno seconded the motion and it passed (7-0). 1. Citizen Participation (This item begins the agenda for the Evening Meeting) Suzanne Mueller, thanked town for the earlier site visit and expressed concern about the cougars that reside in the area. Elaine Kelton, resident, expressed concern about too many people on Vail Valley Drive with all the different modes of transportation and requested that a pedestrian path be constructed. It was noted that Elaine and her husband Art would be serving as parade marshals at Vail America Days. Town Council Meeting Minutes of July 3, 2018 Page 1 August 7, 2018 - Page 18 of 35E Daniel Sneider, homeless in Vail, expressed concern about his recent contact with the Vail Police Department about his staying in the local park; he had hoped for a more caring community towards the homeless population. Mark Novak, Fire Chief, presented a brief update about regional fire restrictions, stage 2 restriction and implications. 2. Presentations / Discussion 2.1. Vail Police Department 2017 Year in Review Presenter(s): Dwight Henninger, Police Chief The year in review was presented by the Police Chief Henninger who highlighted of number of the police services and activities throughout the year; he reported on number of calls, drug & alcohol related crimes, domestic violence calls, property and public order crimes, road safety & traffic management, and employee wellness and recognition programs. The Council thanked him for his department's service to the community. 2.2. The Vail Valley Foundation (VVF) will present an update on the upcoming Colorado Classic bike race and their other summer events Presenter(s): Sara Franke, Vail Valley Foundation, Mac Garnsey, Vail Valley Foundation Action Requested of Council: No action required, informational only. Background: The Town of Vail will host the first two stages of the Colorado Classic bike race on August 16 and August 17, 2018. An update was presented by VVF staff with highlights about the following: ✓ race circuit start times and awards programs ✓ updates about the racers and teams ✓ schedule of ancillary events including the Whistle Pig Vail and Gravel Fondo ✓ updates about the communications plan that will roll out soon with info about the routes and related impacts on Thursday & Friday ✓ the assignment of a neighborhood liaison person to assist the community with questions about the event and closures ✓ Offerings include full event packages for the weekend for residents, guests and visitors ✓ Volunteers are needed so log on to their Coloradoclassicvail.com Chapin, thanked town staff and VVF staff for bringing the event to fruition. 2.3. 2018 Open Lands Plan Discussion Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager and Chris Neubecker, Interim Community Development Director Action Requested of Council: The Community Development Department requests that the Town Council provide feedback on any elements of the Environmentally Sensitive Lands (Chapter 2) section of the draft 2018 Open Lands Plan Update. Town Council Meeting Minutes of July 3, 2018 Page 2 August 7, 2018 - Page 19 of 35i: Background: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update relating to Environmentally Sensitive Lands. The Plan identifies 16 parcels as Environmentally Sensitive Lands which should be considered for either acquisition by the Town of Vail or another form of protection. Staff Recommendation: The Community Development Department recommends that the Town Council review Chapter 2, Environmentally Sensitive Lands, of the draft 2018 Open Lands Plan Update and make recommendations for changes to the plan, if needed. Chapin opened the agenda item noting the town would take a number of meetings to review the plan having taken its first site tour earlier in the day of the "environmentally sensitive lands"; there have been sixteen parcels identified in this regard. (See chapter 2). Chris Neubecker, Planning Manager, and Tom Braun, Braun Associates, Inc., introduced this item with a presentation (included in council packet) and summary of the process used in the open lands plan review. Langmaid suggested the town's efforts with the "sustainable destiation certification" should be woven into this process. There was a review of some of the following items: ■ the 1994 Comprehensive Open Lands Plan with some comparison made to the current plan document. ■ maps that depicted the 16 parcels (envrionmentall sensitive lands) with the attributes of each parcel identified ■ the manner of how to protect and/or acquire such lands, such as formal designation of open space or the use conservation easements ■ the use of the "Designated Open Space Board of Trustees or a task force that would evaluate the action steps moving forward Council requested more info about the development feasibility for each of the properties. Chapin invited public input at this time and the following comments were heard (summarized): ■ Wolf Mueller, resident, inquired about when the "open space committee" would meet again. ■ Kathryn Benysh, resident Bighorn Terrace, requsted that their property be removed from the list of inventory; their property is being cared for by their 70 residents and property owners. ■ Suzanne Mueller, resident, inquired about the parcels that lie out of the town boundaries but are adjacent. ■ Tom Vucich, resident, inquired about how the document moves forward in the process and how the public input and council comments are addressed in relation to the document. ■ Diana Donovan, resident, expressed concern about overdevelopment, requested that they understand how neighborhood associations created their open space buffers. She read a 1972 statement addressing "Vail Environmental Ethic". She also commented on the use of RETT funds to purchase a number of lots and the intent was that the lands be kept as open space. ■ Ann Esson, resident, commented on how the peregrines have now disappeared because of the east vail construction noise and is very concerned about too many impacts on wildlife. ■ Paul Rondeau, resident, noted the statement made by Donovan as extremely important and his position as champion of lost causes, he requested that "protections" be put in place on some of the parcels, including both upper and middle bench Donovan Park. Chapin thanked everyone who attended and commented and noted that the topic would continue to be reviewed with additional chances for public input on July 17. There were some Town Council Meeting Minutes of July 3, 2018 Page 3 August 7, 2018 - Page 20 of 35i: council comments about continuing to reviewing the sixteen parcels and possibly removing the Bighorn Terrace parcel from the inventory list. 3. Action Items 3.1. Bighorn Road and Intermountain South Frontage Road Electric Underground Project discussion, contact award and budget modifications Presenter(s): Greg Hall, Director of Public Works Action Requested of Council: The Town Council is being asked to provide direction to the staff on the undergrounding projects. Based on the option selected Town Council is asked to award the appropriate contracts and direct staff to provide the necessary funds to be included in the second reading of the second budget supplemental for 2108. Background: Holy Cross Energy provides 1 percent of all energy charges to the Town as a community enhancement fund per the franchise agreement. The town of Vail has used the fund exclusively to underground electric utility lines. In June of 2017, staff presented two significant projects to council to consider for use of the funds: the Bighorn Road project and the Intermountain S. Frontage Road project. The staff has designed, bid and begun some of the work. The staff is returning to council with the options for contract awards to complete the project as well as budget recommendations to fund the projects. Staff Recommendation: Staff recommends the Town Council complete the Bighorn and Intermountain undergrounding projects in 2018 and award both contracts to RPM excavating and direct the town manager to execute contracts in a form approved by the town attorney. Supplement the budget to complete the projects and direct the town manager to develop with Holy Cross Energy on a new franchise agreement for 2019. Greg hall presented the topic with some information about the following: ■ Holy Cross Energy Franchise Agreement and the 1% Community Enhancement funds ■ Update on construction costs for Bighorn Road and Intermountain South Frontage Road electric line undergrounding projects ■ Options to complete the work for council direction regarding the undergrounding projects, contractor award and budget modifications There was a review of each project, Bighorn Road and Intermountain South Frontage Road Projects, with some information about the costs and revenues, see council memo for detailed 2018 & 2019 costs related to the projects. There was support from town council to finish these two projects sooner than later and in light of a revenue stream to pay for them. Moffet moved to complete the Bighorn and Intermountain undergrounding projects in 2018 by awarding both contracts to RPM excavating and directed the town manager to execute the contracts in a form approved by the town attorney, and additionally to include in the next supplemental budget the funds necessary to complete the projects, and finally direct the town manager to develop with Holy Cross Energy a new franchise agreement for 2019. Bruno seconded the motion and it passed (7-0). Chapin invited public comments and none were given. Town Council Meeting Minutes of July 3, 2018 Page 4 August 7, 2018 - Page 21 of 35i: 4. Public Hearings 4.1. Second reading of Ordinance No. 11, Series 2018, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Funds and Timber Ridge Enterprise Fund Presenter(s): Kathleen Halloran, Director of Finance and Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 11, Series 2018 Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 11, Series 2018 Halloran presented highlights from the council packet memo, addressing the mid -year funding requests and the changes from first reading for each of the funds. There was discussion about the following funding request (per the memo): A late mid-cycle funding request was submitted from Highline for $270,000 to revitalize the early winter Snow Daze event already approved for funding ($30, 000) by the Commission on Special Events (CSE). Combined with some sponsorship funding and in partnership with Vail Resorts ($200K), the estimated expanded event budget of $630, 000 would include 4 days of in -town activation and 2 free concerts (Friday/Saturday) in Ford Park. The town, Vail Resorts and Highline Entertainment will work together with local lodging properties to promote extended lodging stays (greatly reduced pricing for Thursday or Sunday night stays, for example). Please see Attachment C for Highline's application for funding. There were some concerns expressed by council members about the last minute approach to the funding request, there was no CSE input, there was no data to support the event, there was no information about other funding partners and not enough detail about the event. There was some support for the proposal in an effort to work with the business community during this time of year with the lodging packages and music offerings to attract guests. At this time there was not enough support to include the funding in the ordinance. However, there was interest in getting more information. Chapin asked for public input at this time and Mark Gordon, resident, expressed support for delaying the decision on this matter in hopeful that more information would be gathered and presented at a later date to both council and CSE. Moffet moved to approve Ordinance No. 11, Series 2018, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Funds and Timber Ridge Enterprise Fund with the exception of including the $270K from the general fund for the Highline event. Coggin seconded the motion and it passed (6 1; Foley opposed). 4.2. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities Presenter(s): Justin Lightfield, Planner Town Council Meeting Minutes of July 3, 2018 Page 5 August 7, 2018 - Page 22 of 35i: Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon second reading. Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations. Staff Recommendation: Staff recommends that the Vail Town Council approve, on the second reading, Ordinance No. 8, Series of 2018. Justin Lightfield presented the Ordinance on second reading with a brief background and overview, noting that a great deal of work has been completed with the community stakeholders to address concerns about the local legislation and a limit with the height has been included. Langmaid asked that research be conducted on health risks from cell towers. Public input was invited and Michael Cacioppo commented about the poor service from AT&T and hoped the town would get involved in resolving that substandard service. Moffet moved to approve Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Coggin seconded the motion and it passed (7-0). 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 8:45 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of July 3, 2018 Page 6 August 7, 2018 - Page 23 of 35€ TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Agreement for Professional Services with Interpacific Network Corporation (Souichi Nakamura) Global Friendship Exchange Program ATTACHMENTS: Description Professional Service Memorandum and Agreement August 7, 2018 - Page 24 of 35E TOWN OF VAIL' Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: August 7, 2018 Subject: Professional Services Agreement with Interpacific Network Corporation (Souichi Nakamura, Principal) I. SUMMARY Please find attached a professional services agreement with Interpacific Network Corporation for consulting services associated with the Global Friendship Exchange Program. The agreement outlines the town's business relationship with Souichi Nakamura serving as the town's program advisor on such current and future programming with Japan, both Nagano and Yamanouchi-machi. As you may recall, Souichi Nakamura, the principal of the company, was appointed by Governor Shuichi Abe, Governor of Nagano and Mayor Takefushi, Yamanouchi-machi, to serve as their representative in the planning of the town's Japan exploration visit in January 2018. Mr. Nakamura was actively involved in the planning and implementation of the visit serving as a guide and translator for the Vail delegation. In moving this Global Friendship Exchange programming forward, it has been deemed there would be a need to continue the business relationship with Mr. Nakamura in a similar capacity, to serve as the town's program advisor and point of contact for Japan on such programming and activities. "Exhibit A" addresses the scope of services and compensation schedule and hourly fee. Mr. Nakamura has been working with staff on the current Japan student exchange visit occurring this week. He will be providing translation assistance and advisement at the business meeting occurring the morning of August 7 and attending the evening council meeting. There are no budgetary implications with the approval of the agreement for 2018. II. ACTION REQUESTED Staff requests Town Council consideration of the professional services agreement in an effort to solidify the business arrangement with Mr. Nakamura and continue to work towards future friendship exchange programming with Japan. Attachment: ✓ Professional Services Agreement August 7, 2018 - Page 25 of 35i: AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this day of , 2018, by and between the Town of Vail, 75 South Frontage Road, Vail, Colorado 81657, a Colorado municipal corporation (the "Town"), and Interpacific Network Corporation, an independent contractor with a principal place of business at 3278 S. Wadsworth Blvd., #1-148, Denver, Colorado 80227 ("Contractor") (each individually a "Party" and collectively the "Parties"). WHEREAS, the Town requires services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required services. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon seven (7) days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION A. In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor an amount associated with the per program estimates as completed by town staff and contractor. If expenses exceed original cost estimates the town will be responsible for compensating the contractor accordingly. This amount shall include all fees, costs and expenses incurred by Contractor. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town. Professional Services Agreement Interpacific Networking Corporation Page 1 August 7, 2018 - Page 26 of 35i: B. Notwithstanding the maximum amount specified in this Section, Contractor shall be paid only for work performed. If Contractor completes the Scope of Services for less than the maximum amount, Contractor shall be paid the lesser amount, not the maximum amount. IV. RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law. B. The work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. C. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and one million dollars Professional Services Agreement Interpacific Networking Corporation Page 2 August 7, 2018 - Page 27 of 35i: ($1,000,000) general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least thirty (30) days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E -Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. Professional Services Agreement Interpacific Networking Corporation Page 3 August 7, 2018 - Page 28 of 35i: 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E -Verify Program or the Department Program. 2. Contractor shall not use the E -Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. Professional Services Agreement Interpacific Networking Corporation Page 4 August 7, 2018 - Page 29 of 35€ F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above. Professional Services Agreement Interpacific Networking Corporation Page 5 August 7, 2018 - Page 30 of 35i: ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: J. Matthew Mire, Town Attorney By: STATE OF COLORADO ) ss. COUNTY OF TOWN OF VAIL, COLORADO Greg Clifton, Town Manager President The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2017, by as My commission expires: (S E A L) Notary Public Professional Services Agreement Interpacific Networking Corporation Page 6 August 7, 2018 - Page 31 of 35€ EXHIBIT A SCOPE OF SERVICES Town Council Program Town of Vail Scope of Services July 2018 General Scope: The following is a scope of services being provided by Interpacific Network Corporation to the Town of Vail (hereafter "Client"): Serves as Town of Vail's Program Advisor and contact for all business related to the implementation of the Town of Vail Global Friendship Exchange Program and implementation of the Agreement and Memo of Understanding with Nagano Prefecture and Yamanouchi- town, Japan, see attached documents. The scope of the "Advisor" includes the following: ■ Assist town staff in identifying and developing recommendations on programming that promotes the global friendship exchange program supporting the town's international resort presence. ■ Assists town staff in identifying and developing recommendations about economic development (tourism and marketing), environmental sustainability and transportation initiatives and objectives that align between Japan and Vail. Assists with identifying measures of success of such exchange programming. ■ Serves as the primary contact for Japanese officials (both public and private sector) when there are proposals for new business and exchange programming with the Town of Vail. ■ Assists with promoting future business development between Japan and Vail with efforts to research and makes recommendation about aligning Vail with other Colorado communities and State of Colorado Tourism Office who are already working with Japan officials. ■ Makes best effort to serve as town's translator on all Japan related business and travel advisor and hour tour representative on future trips to Japan with Vail delegations making recommendations about travel arrangement, business protocol and business contacts. ■ Assists town staff with memos and presentations, attends council meetings and related Global Friendship Exchange functions as necessary. Compensation: Interpacific Network Corporation will perform this scope of work on an as needed basis as determined by the Town, with a fee schedule outlined below. ■ Global Friendship Exchange Program (GFEP) Hourly Rate of $125 ■ Travel for Global Friendship Exchange Expenses related to travel All work performed under this agreement will be completed by Souichi Nakamura, principal of Interpacific Network Corporation. Costs will be estimated on a per program basis by town staff and the program advisor, Mr. Nakamura. Payments will be made to Interpacific Network Professional Services Agreement Interpacific Networking Corporation Page 7 August 7, 2018 - Page 32 of 35i: Corporation upon receipt of an invoice from the vendor for services completed the previous month. The Town shall follow-up with payment to be processed during the next payable billing cycle and within 30 days. Annual fees are anticipated in the range of $5,000 to $10,000 depending on the number of exchange programs implemented. Schedule: Interpacific Network Corporation has continued working with the town and Japan programming in recent months. The consulting role will be required throughout 2018 in an effort to implement the Global Friendship Exchange Program; two visits from Japan representatives and officials are occurring in August and September. Renewal of the agreement will be automatic upon approval of a Global Friendship Exchange Program budget appropriation for the upcoming year. Professional Services Agreement Interpacific Networking Corporation Page 8 August 7, 2018 - Page 33 of 35i: TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 32, Series of 2018, A Resolution Approving the Revised Title VI Compliance Plan for the Town of Vail Transit Operations; and Setting Forth Details in Regard Thereto. ATTACHMENTS: Description Resolution No. 32, Series of 2018 August 7, 2018 - Page 34 of 35€ RESOLUTION NO. 32 Series of 2018 A RESOLUTION APPROVING THE REVISED TITLE VI COMPLIANCE PLAN FOR THE TOWN OF VAIL TRANSIT OPERATIONS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Federal Transit Administration (the "FTA") provides oversight activities to ensure that recipients of grants use the funds in a manner consistent with the intended purpose and in compliance with regulatory and statutory requirements; WHEREAS, the Vail Transit Department (the "Vail Transit") provides free bus services throughout town seven days a week and operates as many as six fixed routes; WHEREAS, the Vail Transit has developed the Town of Vail/Vail Transit Title VI Compliance Plan (the "Compliance Plan") as required by FTA Circular IV -4; and WHEREAS, the Council's approval of Resolution No. 32, Series 2018, is necessary to adopt the Compliance Plan. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Compliance Plan, 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 7th day of August, 2018. Dave Chapin, Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 32, Series 2018 August 7, 2018 - Page 35 of 35€ TOWN OF VAILNAIL TRANSIT TITLE VI COMPLIANCE PLAN Part One: Introduction Part Two: Public Notice of Rights Part Three: Complaint Process/Investigation Procedure/ Complaint Form Part Four: Public Participation Part Five Standards and Policies Part Six Limited English Proficiency Plan July 2018 PART ONE: Introduction The Town of Vail, operating Vail Transit, prepared this Title VI Public Notice of Rights and Complaint Process in compliance with the Title VI Circular 4702.1 B. Vail Transit has no history of or any active investigations, lawsuits and/or complaints concerning Civil Rights Compliance. The Town of Vail Transit Department provides free year-round bus service throughout Vail. The town's free bus service offers its residents and guests timely service to and from Vail Mountain and throughout town. Vail Transit service operates as many as six fixed routes. Service is modified to accommodate seasonal fluctuations focused on the need of winter and summer activities. Most service is provided seven days a week between the hours of 6 am and 2 am. All vehicles in the fleet are wheelchair accessible and all stops provide access for mobility devices. The Town of Vail provides next day wheelchair equipped complementary paratransit service for those who are unable to use the fixed route buses. Requirements of FTA Circular IV -4 includes "providers of public transportation that operate fixed route and demand response service, or only fixed route service, are responsible for additional reporting requirements. These requirements only apply to fixed route service." Based on this, the Transit has developed system -wide standards and policies as required for providers that operate less than 50 vehicles on fixed route service. (Part Five) No sub -recipients are active in providing transit services. All service is provided and facilities are located within the limits of the Town of Vail. Vail Transit is governed by the elected Town Council and currently includes five males and three females. No non -elected committees and/or councils are authorized to direct policy or operations of transit service. This plan has been approved by Town Council at a regularly scheduled meeting. No Fixed Facilities are currently being proposed. Therefore, no information about the siting of a facility has been included. PART TWO: Public Notice of Rights The following statement shall be posted on site at the Vail Transit office, on Vail Transit website (www.vailqov.com/transit); permanently displayed on public transit vehicles; and other appropriate materials made available to the public: (Documents will be translated into languages other than English, upon request.) Non -Discrimination - Your Rights under Title VI of the Civil Rights Act of 1964 The United States Department of Transportation (DOT) ensures full compliance with Title VI of the Civil Rights Act of 1964 by prohibiting discrimination against any person on the basis of race, color or national origin in the provisions of benefits and services resulting from federally assisted programs and activities. Vail Transit operates without regard to race, color, and national origin. Any person, who believes Vail Transit has violated his /her Title VI protections, should contact Transit at 970-479-2178, JRihanek@vailgov.com. Vail Transit has also developed a policy to assist individuals who are Limited English Proficient (LEP). Translation services in order to assist LEP individuals shall be made available to Vail Transit's customers upon request. The Vail Transit Title VI policy, complaint procedures and LEP Plan shall be made available upon request by Town of Vail/Vail Transit July 2018 1 August 7, 2018 - Page 36 of 35i: contacting the Vail Transit Department at the above -noted information. For Federal Title VI information please contact the Federal Transit Administration (FTA), Region 8 at 720-963-3300. Federal Title VI information, including filing complaints, can also be accessed on the FTA web site at: www.fta.dot.gov. PART THREE: Complaint Process and Investigation Procedures These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, for alleged discrimination in any program or activity administered by the Transit. All Title VI obligations and complaint procedures will be translated into other languages as needed. These procedures do not deny the right of the complainant to file formal complaints with other State or Federal agencies or to seek private counsel for complaints alleging discrimination. Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the affected parties and Vail Transit may be utilized for resolution. Any individual, group of individuals or entity that believes they have been subjected to discrimination prohibited under Title VI and related statutes may file a complaint. The Town will prepare and maintain a list of any of the following that allege discrimination on the basis of race, color, or national origin: • Active investigations conducted by FTA and entities other than FTA; • Lawsuits; and • Complaints naming the recipient. This list shall include the date that the transit -related Title VI investigation, lawsuit, or complaint was filed; a summary of the allegation(s); the status of the investigation, lawsuit, or complaint; and actions taken by the recipient in response, or final findings related to the investigation, lawsuit, or complaint. This list shall be included in the Title VI Program submitted to FTA every three years. The following measures will be taken to resolve Title VI complaints: 1) A formal complaint must be filed within 180 calendar days of the alleged occurrence. Complaints shall be in writing and signed by the individual or his/her representative, and will include the complainant's name, address and telephone number; name of alleged discriminating official, basis of complaint (race, color, national origin), and the date of alleged act(s). A statement detailing the facts and circumstances of the alleged discrimination must accompany all complaints. The Transit strongly encourages the use of the attached Vail Transit Title VI Complaint Form when filing official complaints. The preferred method is to file your complaint in writing using the Vail Transit Title VI Complaint Form, and sending it to: Supervisor's Office Title VI Coordinator 241 S. Frontage Road East, Suite 4 Vail, Colorado 81657 or CDOT Civil Rights Office Civil Rights and Business Resource Center 4201 East Arkansas Avenue Denver, CO 80222 Town of Vail/Vail Transit July 2018 2 August 7, 2018 - Page 37 of 35i: or Federal Transit Administration Region 8 Attn: Civil Rights Officer 12300 West Dakota Avenue Suite 310 Lakewood, CO 80228 Fax 720-963-3333 2) In the case where a complainant is unable or incapable of providing a written statement, a verbal complaint of discrimination may be made to the Vail Transit Title VI Coordinator. Under these circumstances, the complainant will be interviewed, and the Vail Transit Title VI Coordinator will assist the Complainant in converting the verbal allegations to writing. 3) When a complaint is received, the Title VI Coordinator will provide written acknowledgment to the Complainant, within ten (10) calendar days by registered mail. 4) If a complaint is deemed incomplete, additional information will be requested, and the Complainant will be provided 60 calendar days to submit the required information. Failure to do so may be considered good cause for a determination of no investigative merit. 5) Within 15 calendar days from receipt of a complete complaint, Vail Transit will determine its jurisdiction in pursuing the matter and whether the complaint has sufficient merit to warrant investigation. Within five (5) calendar days of this decision, the Transportation Manager or his/her authorized designee will notify the Complainant and Respondent, by registered mail, informing them of the disposition. a. If the decision is not to investigate the complaint, the notification shall specifically state the reason for the decision. b. If the complaint is to be investigated, the notification shall state the grounds of Vail Transit's jurisdiction, while informing the parties that their full cooperation will be required in gathering additional information and assisting the investigator. 6) When Vail Transit does not have sufficient jurisdiction, the Transportation Manager or his/her authorized designee will refer the complaint to the appropriate State or Federal agency holding such jurisdiction. 7) If the complaint has investigative merit, the Transportation Manager or his/her authorized designee will instruct the Title VI Coordinator to fully investigate the complaint. A complete investigation will be conducted, and an investigative report will be submitted to the Transportation Manager within 60 calendar days from receipt of the complaint. The report will include a narrative description of the incident, summaries of all persons interviewed, and a finding with recommendations and conciliatory measures where appropriate. If the investigation is delayed for any reason, the Title VI Coordinator will notify the appropriate authorities, and an extension will be requested. 8) The Transportation Manager or his/her authorized designee will issue letters of finding to the Complainant and Respondent within 90 calendar days from receipt of the complaint. 9) If the Complainant is dissatisfied with Vail Transit's resolution of the complaint, he/she has the right to file a complaint with the CDOT Civil Rights and Business Resources Center or FTA Region 8 Civil Rights Officer. (Contact information in Section 1) FTA Complaint procedures can also be found on the FTA web site at: www.fta.dot.gov. These procedures are also outlined in FTA Circular 4702.1 B, Chapter IX. Town of Vail/Vail Transit July 2018 3 August 7, 2018 - Page 38 of 35€ Title VI Complaint Form Instructions: If you would like to submit a Title VI complaint to the Vail Transit, please fill out the form below and send it to: Vail Transit, Attn: Title VI Coordinator, 241 Frontage Rd. East, Vail, CO 81657. For questions or a full copy of Transit's Title VI policy and complaint procedures call 970-479-2178 or email JRihanek@vailgov.com. Section I: Name: Address: Telephone (Home): Telephone (Work): Electronic Mail Address: Accessible Format Requirements? Large Print Audio Tape TDD Other [ecfion II: Are you filing this complaint on your own behalf? Yes* No *If you answered "yes" to this question, go to Section III. If not, please supply the name and relationship of the person for whom you are complaining: Please explain why you have filed for a third party: Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party. Yes No Section III: I believe the discrimination I experienced was based on (check all that apply): [ ] Race [ ] Color [ ] National Origin Date of Alleged Discrimination (Month, Day, Year): Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known) as well as names and contact information of any witnesses. If more space is needed, please use the back of this form. Section IV Have you previously filed a Title VI complaint with this agency? Yes No Section V Have you filed this complaint with any other Federal, State, or local agency, or with any Federal Town of Vail/Vail Transit July 2018 4 August 7, 2018 - Page 39 of 35E or State court? []Yes []No If yes, check all that apply: [ ] Federal Agency: [ ] Federal Court [ ] State Agency [ ] State Court [ ] Local Agency Please provide information about a contact person at the agency/court where the complaint was filed. Name: Title: Agency: Address: Telephone: Section VI Name of agency complaint is against: Contact person: Title: Telephone number: You may attach any written materials or other information that you think is relevant to your complaint. Signature and date required below Signature Date Please submit this form in person at the address below, or mail this form to: Vail Transit Title VI Coordinator 241 Frontage Rd. East Vail, CO 81657 For assistance contact 970-479-2178 Town of Vail/Vail Transit July 2018 5 August 7, 2018 - Page 40 of 35E PART FOUR Public Participation Public Participation Plan (PPP) The Vail Transit Public Participation Plan (PPP) describes how Vail Transit communicates and distributes information to the public as well as how the public can interact and provide comments to Vail Transit. The needs of those traditionally underserved by the existing system will be sought and considered by the transit system. Through its public involvement efforts, Vail Transit will strive to achieve the following Title VI and Environmental Justice (EJ) goals: • To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low- income populations. • To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process. • To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations. Title VI states that no person shall, on the ground of race, color, or national origin, be excluded from participation in, denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Vail Transit will ensure that the input and feedback from all people will be considered in the development of Transit planning documents and activities. EJ concerns and goals should be considered throughout all public engagement efforts, from project planning through construction and operation. This includes public outreach conducted during transportation planning and during the environmental reviews required by the National Environmental Policy Act (NEPA). The following actions relating to Environmental Justice and Title VI are meant to reduce the barriers for participation in the decision-making process by low income, minority or disabled individuals. 1. When possible, public meetings will be held in locations that are convenient to low and moderate income neighborhoods and accessible to disabled populations. Such locations include community centers, senior centers and schools. Where possible, Vail Transit staff will meet at the locations of businesses, neighborhood groups, stakeholders, and other agencies. 2. Upon request, all Vail Transit work products and documents will be made available in alternative formats, including Braille, large type and languages other than English. 3. The following statement will be included in all Vail Transit documents: Vail Transit does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the provision of services. This document can be made available in alternative formats by calling the Supervisor's Office at 970-479-2178. 4. The following statement will be included in all meeting announcements: If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Title VI Coordinator at 970-47-2178, at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the Title VI Coordinator if a summary or other type of accessible format is needed. Town of Vail/Vail Transit July 2018 6 August 7, 2018 - Page 41 of 35€ 5. Agencies and organizations that represent low income, minority and disabled populations will be identified and included in Vail Transit mailings. Staff will maintain an active listing of contacts for these organizations. 6. Vail Transit will evaluate Environmental Justice actions and Title VI requirements on an annual basis to ensure effectiveness of public involvement. This document will be reviewed and updated in conjunction with the Public Participation Plan. Communication and Notification to the Public All members of the public are ensured protections against discrimination which are afforded to them by Title VI. To ensure open communication with the public, Vail Transit will adhere to the following requirements: • Vail Transit will disseminate agenda and public meeting information to members of the public via accessible printed and electronic media, including postings on the transit's website and in the Vail Daily. Documents and agendas will be available at the Supervisor Office, 241 S. Frontage Road East, Fleet Building, Vail. CO 81657 • Public notices of Vail Transit meetings will be posted at the location of the meeting site. • In appropriate documents, Vail Transit will include a statement that the organization complies with Title VI by assuring that no person shall on the grounds of race, color, national origin, gender, age, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under any transit program, activity, or service. PART FIVE System -Wide Service Standards/Policies Service Standards and Policies have been developed to assure that frequency of service, age and quality of vehicles assigned to routes, quality of stations and location of routes are not determined on the basis of race, color, or national origin. No person will be excluded from participation or denied benefits of the service based on race, color or national origin. Service Standards: Vehicle Load: Vehicle loads will be determined by the seating capacity of specific vehicles: All vehicles are lift equipped and have standee bars/rails. Seated Vehicle Capacity Cutaway 14 Large 28 Headway: Headway standards are related to vehicle load experience. As would be anticipated when serving a resort community, schedules are modified to accommodate anticipated demand. Vail Transit generally publishes four schedules. Headways for the busiest demand, the Winter months are shown below. Town of Vail/Vail Transit July 2018 7 August 7, 2018 - Page 42 of 35€ Headway Standards by Route: Minutes Route From App. 6:00 am to 8:00 pm From App. 8:00 pm to 2:00 am West Vail Red :30 :40 West Vail Green :30 :40 East Vail :15 :30 Sandstone :20 :30 Golf Course :30 :30 6:30 am to 1:30 am Intown :5 to :10 minutes Peak Hours Only West Vail Express :10 minutes On Time Performance: On-time performance is monitored several ways. The Dispatch Office is staffed during all hours of operations. All buses have two-way communication with driver's advising of any delays due to traffic/weather or unanticipated loading/unloading time exceptions. Printed schedules are provided with timed stops. Riders may report any delays by phone or on the website. Vail also provides real-time arrival information to passengers within the Vail Village, Lionshead and Golden Peak corridor. The real-time information is provided by NextBus Information Systems, which uses Global Positioning Satellite (GPS) technology to track buses while en route and then transmits the information to the Internet and digital bus signs. Vail is one of the only ski towns in North America to offer passengers this technology. Service Availability Standards: The system has been developed to service major activity centers. Service is provided to Vail Village on both the East and West sides of Interstate 70. The commercial and residential areas of Sandstone and Llonshead are important routes. Service is also provided to the Gold Course and Fords Park on a seasonal basis. The West Vail Express Route was added to accommodate work trips with service between 6:30am to10:30am and 2:OOpm to 5:30pm. Stops have been located to equalize the distance between stops and accommodate the densely populated locations. Service Policies Distribution of Transit Amenities: Bus stop signs are located along the route. The signs are provided and maintained by the Town of Vail Public Works Department. Printed information is available on each vehicle. Route maps and visitor information are also posted on each vehicle. Video technology, available on all vehicles, is used to provide current information. Town of Vail/Vail Transit July 2018 8 August 7, 2018 - Page 43 of 35€ Waste receptacles are placed throughout the Town. Shelters or other amenities are provided at all major stops. Vehicle Assignment The average age of the vehicles is 5 years. Vehicles are assigned based on capacity required and route ridership experience. All vehicles have similar technology such as video capacity. Town of Vail/Vail Transit July 2018 9 August 7, 2018 - Page 44 of 35€ PARTSIX: Limited English Proficiency Plan I. INTRODUCTION This Limited English Proficiency (LEP) Plan, for the Town of Vail/dba Vail Transit has been developed in response to federal requirements included under Section 601 of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), which provides that no person shall "on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Federal Executive Order No. 13166, issued in August 2000 by President Clinton, "Improving Access to Services for Persons with Limited English Proficiency," was created to "... improve access to federally conducted and federally assisted programs and activities for persons who, as a result of national origin, are limited in their English proficiency (LEP)..." President Bush affirmed his commitment to Executive Order 13166 through a memorandum issued on October 25, 2001, by Assistant Attorney General for Civil Rights, Ralph F. Boyd, Jr. and Acting Assistant Attorney General, Loretta King directed a strengthening of enforcement of Title VI in a memorandum dated July 10, 2009. As a sub -recipient of funds from the Federal Transit Administration (FTA), through the Colorado Department of Transportation (CDOT), this Limited English Proficiency (LEP) Plan for the Town of Vail has been developed to ensure compliance with Federal LEP regulations. It includes an assessment of the limited English proficiency needs of our area, an explanation of the steps we are currently taking to address these needs, and the steps we plan to take in the future to ensure meaningful access to our transit programs by persons with limited English proficiency. II. POLICY It is the policy of the Town of Vail to ensure that our programs and activities, normally provided in English, are accessible to Limited English Proficiency persons and thus do not discriminate on the basis of national origin in violation of the Title VI prohibition against national origin discrimination. The Town of Vail will, to the maximum extent feasible in its official deliberations and communications, community outreach and related notifications, provide appropriate alternative non-English formats for persons with LEP to access information and services provided. The Town of Vail will comply with the "safe harbor" concept as it applies to the translation of written documents when certain thresholds are exceeded. At this time, no population group served by the Town meets the Safe Harbor guidelines. Town of Vail/Vail Transit July 2018 t 0 August 7, 2018 - Page 45 of 35i: III. LIMITED ENGLISH PROFIENCY NEEDS OF AREA The Four -Factor Analysis developed by the FTA requires that information be included in LEP Plans regarding the number and percentage of LEP persons in our area, and the nature, frequency and importance of the contact we have with LEP persons in providing transit services. Each of these elements is addressed below. Factor 1. Number and Percentage of LEP Persons in Our Area 1. Permanent Population Because of the regional scope of workers in Vail, the entire area of Eagle County has been used to review population data. The Town of Vail proper has an approximate permanent population of 5,400. Data Category Eagle Total # %of Population %of LEP Population Total Population (5 years old & older) 49,414 100.0% Population Speaking English "Well" "Not Well" or "Not at All" 6220 12.6% Population Speaking English "Well" "Not Well" or "Not at All" Spanish 5780 11.7% 93% Other Indo-European 217 0.4% 3% Asian and Pacific Islander 40 0.1% 1% Other 183 0.4% 3% Total 6220 12.6% 100% Source: U.S. Census American Community Survey 2010-2014 estimates, population 5 years and older, speaking another language in the home who speak English "Well," "Not Well" or "Not at All." Provided by CDOT Office of Civil Rights Based on this data, 12.6% of the population of Eagle County have limited English Language skills. The majority of these, 93%, are Spanish speaking. Other Indo-European make the second largest non- English speaking group at 3%. 2. Summary In summary, the total LEP population is 12.6%. Spanish language is the predominant alternate language representing 5,780 permanent residents of Eagle County. Factor 2 & 3 Nature, Frequency and Importance of LEP Contact 1. Nature of Contact Vail Transit provides fixed route service throughout the community. Mobility limited persons are accommodated in compliance with the Americans with Disabilities Act. Service is provided seven days a week for extended hours. No fares are collected. Contacts with all riders as well as LEP persons include: Town of Vail/Vail Transit July 2018 11 August 7, 2018 - Page 46 of 35i: • A printed information sheet is provided outlining the details of the service. This brochure is available in both English and Spanish. • The Vail Village/Lionshead Route operates on a continuous schedule without timed stops. Frequency varies between 6:30 am and 1:30 am. This service provides important connections for workers. • Other routes operate on a timed schedule depending on the season/time of day. • The Vail West Express provided important connection to ECO Transit and access to major employee housing and services in Leadville, Minturn, Avon, Edwards, Eagle, and Gypsum. These vehicles are carefully timed to coincide with worker shift schedules. Service operates on a 10 minute frequency between 6:42 and 10:42 am and 2:00 pm and 5:50 pm. • Phone numbers to contact for additional information are prominently displayed on both the printed schedule and each bus. 2. Frequency of Contact Based on driver feedback, there are minimal requests for alternate language information. Vail Transit supports limited English speakers by providing schedules in Spanish and opportunities for direct contact by phone or email. 3. Importance of Contact In rating the importance of current contacts or potential contacts with LEP individuals, Vail Transit is taking the position that all riders are important and while there are limited requests for alternate languages, this service will be provided. Factor 4. Resources Available for LEP Outreach Vail Transit will allocate the necessary resources for LEP outreach. At this time it is prepared to budget if requested for translation service ($500) and website enhancement ($500). IV. LANGUAGE ASSISTANCE PLAN A. How Will You Identify LEP Persons Who Need Language Assistance? • Driver Team will be front line for identifying needs • Major employers will be advised of access to alternate languages if needed. • Town Council will be advised of plan. B. How Will You Identify Language Assistance Measures? • Actively review additional options for providing service. C. How Will Your Staff Be Trained? • Driver Team training will include a module on Limited English Proficiency riders as well as Customer Service standards. • Supervisor's Office receives and responds to all Customer Service issues. D. What Will Be Your Outreach Efforts? • Brochure is currently translated to Spanish and updates will be provided when needed. Drivers have access to the manual Basic Spanish for Transit Employees, prepared by CDOT, Colorado Mountain College, and Roaring Forks Transit Agency. E. What Is Your Monitoring and Updating Plan? • Request routine feedback from Driver Team contractor concerning any increased demand/incidents of needing information. • Update brochure in alternate languages as needed. F. How Will You Disseminate Your LEP Plan? • Copies will be provided to Driver Team Supervisors • Driver Team has Spanish Language Brochures and Handbook. Town of Vail/Vail Transit July 2018 12 August 7, 2018 - Page 47 of 35i: TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Request form Betty Ford Alpine Garden to place an 8'x8' structure adjacent to the School House in Ford Park. ATTACHMENTS: Description Staff Memorandum Betty Ford Alpine Gardens Playhouse Acceptance Letter Images August 7, 2018 - Page 48 of 35E TOWN OFD Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 7, 2018 SUBJECT: Proposed Playhouse at Betty Ford Alpine Gardens, Permission to Proceed I. DESCRIPTION OF REQUEST The Betty Ford Alpine Gardens, represented by Nannette Kuich, Education Director, request permission to proceed through the Design Review process to place an 8' x 8' playhouse structure in Ford Park near the Schoolhouse Museum and Gift Shop. The playhouse will be used as a kids' farmers market in conjunction with the existing Children's Garden to help kids better understand their source of food. The applicant requests permission to proceed through the Design Review Board process. 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 existing playhouse structure was built as part of the Vail Board of Realtors and Town of Avon Playhouse Project, a fundraiser for Habitat for Humanity. The structure was donated to the Betty Ford Alpine Gardens by the Vail Board of Realtors. The playhouse structure is proposed to be placed on the south side of the Schoolhouse, and is within the boundary of the current lease area. Please refer to the applicant's narrative (Attachment A), and site photos (Attachment B). The project was reviewed by the Design Review Board on August 1, 2018. 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 installing a playhouse structure near the Schoolhouse Museum and Gift Shop. This utilization of Town of Vail property would be subject to the terms of the existing lease agreement with the Betty Ford Alpine Gardens. August 7, 2018 - Page 49 of 35E 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. Property photos Town of Vail Page 2 August 7, 2018 - Page 50 of 35E BETTY FORD ALPINE GARDEN VAIL'S ALPINE TREASURE August 7, 2018 To: Town of Vail Council From: Nanette Kuich, Education Director Re: Betty Ford Alpine Gardens Acquisition of Habitat for Humanity Farmers Market Structure Dear Town Council members, Betty Ford Alpine Gardens is seeking to accept a Vail Board of Realtors donation of a newly constructed structure that was designed as a fundraiser playhouse by the Eagle County Habitat for Humanity. BFAG intends to retrofit the structure as a Farmers Market for the Children's Garden area adjoining the Schoolhouse Museum Gift Shop. The structure is 8' x 8' x 8', is completely finished inside and out with high quality materials. The exterior color matches the schoolhouse and it would fit in a former sand pit area that was recently repaved in flagstone. Farmers markets are excellent educational opportunities for the disconnect that children have to the source of their food. The Habitat structure provides shade for children and a way to store materials. Habitat for Humanity has volunteered to retrofit it as a market and assist with ongoing maintenance. Visitation at the BFAG Education Center has increased over 125% over the last two years. Staff is working to handle the excessive crowds by providing additional family activities in the Children's Garden area in order to free up the Education Center for exhibit space and adult programming. I am attaching a photo of the Children's Garden area - the market would be placed on the far side of the schoolhouse and would be minimally visible from Betty Ford Way. A photo rendering of the playhouse to scale is also attached. August 7, 2018 - Page 51 of 35i: Thank you for your consideration. Nanette Kuich Education Director Betty Ford Alpine Gardens Nanette@bettyfordalpinegardens.org 522 South Frontage Road East Vail, CO 81657 (970) 476-0103 x 7 www.bettyfordalpinegardens.org August 7, 2018 - Page 52 of 35€ August 7, 2018 - Page 53 of 35E 5E 1 1 August 7, 2018 - Page 55 of 35E TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Request to award construction contract to Triphase Electric in the amount of $125,952 to install electrical service to the east end of the Ford Park parking lot for special events. ATTACHMENTS: Description Memorandum August 7, 2018 - Page 56 of 35€ TOWN OF VAIL' Memorandum To: Vail Town Council From: Department of Public Works Date: August 7, 2018 Subject: Ford Park, East Parking Lot Special Event Power I. BACKGROUND The addition of Special Event Power to the east end of the Ford Park parking lot is included in the 2018 RETT Capital Project Budget. This project will enable concert stages to be located at the east end of the parking lot, facing west, and allow the venue to loaded and unloaded from the back of the venue. This will enhance the safety and efficiency of the venue. The project was bid on August 1, 2018 with 1 bidder responding. Tri Phase Electric, Gypsum, has submitted a responsible bid and has performed the majority of the electrical work in Ford Park over the last 10 years. There are sufficient funds in the 2018 RETT Capital Project Budget to cover the bid amount and complete the improvements. II. ACTION REQUESTED BY COUNCIL Staff is requesting that the Town Council direct the Town Manager to enter into a Construction Contract with Tri Phase Electric Inc. in the amount of $125,952.00. III. STAFF RECOMMENDATION Staff recommends approval of the Construction Contract. With approval, work will begin on or around August 14, 2018 with anticipated completion by November 16, 2018. August 7, 2018 - Page 57 of 35€ VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Colorado Coalition of Climate Action 2018-2019 Policy ATTACHMENTS: Description Colorado Coalition of Climate Action 2018-2019 Policy TOWN OF 1 X41 August 7, 2018 - Page 58 of 35E TOWN OFD Memorandum To: Mayor and Town Council From: Greg Clifton, Town Manager Date: August 2, 2018 Subject: CC4CA 2018-19 Policy I. SUMMARY Council, the Town of Vail is an active member of the Colorado Coalition for Climate Action — a consortium of 19 Colorado cities and counties. Council approved the policy agenda for CC4CA last year, and we are going through the same exercise this year. The policy agenda for 2018-19 is appended hereto, and I invite you to read it to gain a clear understanding of the advocacy efforts and objectives. Of course this largely aligns with your own goals and actions as set forth in the Town Council 2015-17 Action Plan, and the pending 2018-20 Town Council Action Plan. The matter is being slated as a consent agenda item, but can be pulled off and discussed in more detail if necessary. Thank you. August 7, 2018 - Page 59 of 35E //"cc. CC4CA Colorado Communities for Climate Action 2018-2019 Policy Agenda Adopted by the CC4CA Steering Committee on June 28, 2018, for final sign -off by member jurisdictions Colorado Communities for Climate Action is a coalition of local governments advocating for policies that protect Colorado's climate for current and future generations. CC4CA's policy priorities for 2018-2019 reflect unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. These steps would complement the strong local climate actions CC4CA members already have underway. General Policy Principles These general principles guide the specific policies for which Colorado Communities for Climate Action advocates: CC4CA supports collaboration between state and federal government agencies and Colorado's local governments to advance local climate protection. CC4CA supports state and federal programs to reduce carbon pollution, including adequate and ongoing funding of those programs. CC4CA supports analyses, financial incentives, and enabling policies for the development and deployment of clean energy technologies. CC4CA supports locally driven, locally designed programs to support communities impacted by the clean energy transformation. August 7, 2018 - Page 60 of 35€ CC4CA 2018-2019 Policy Agenda Policy Positions Colorado Communities for Climate Action supports the following policy positions: Local Climate Programs 1. Supports state -level actions to remove barriers and promote opportunities that allow counties and municipalities to maximize the deployment of local clean energy options. The deployment of local energy generation and technology will continue to be a critical component of Colorado communities' climate efforts. In many cases, regulatory or legislative limitations exist that will need to be removed for communities to fully explore new local program options and technologies that can effectively reduce fossil fuel use, increase energy resilience, and support community values related to climate protection. For example, the integration of local renewable energy, storage technologies, and microgrids all support a local jurisdiction's ability to address the supply side of energy- related emissions. 2. Supports requiring local governments with adopted building codes to include the most current or appropriate International Energy Conservation Code, or provisions substantially similar to it, in their building codes and to develop a process for updating the energy code on a regular basis. More than 40 percent of the energy consumed in the United States is tied to the use of buildings. Building codes, consequently, are among the most powerful tools available for reducing carbon pollution (and, not incidentally, saving money in both residential and commercial buildings). For instance, the Southwest Energy Efficiency Project estimates the incremental cost for constructing a new home to meet the 2015 IECC versus the 2006 IECC is about $2,400; with annual energy savings of $390, this efficiency upgrade results in a six-year simple payback. While some jurisdictions across Colorado are keeping up with changes to the International Energy Conservation Code, many communities have not done so. CC4CA supports the adoption of the most current IECC or amendments to older codes that have comparable energy efficiency and consumption impacts. 3. Supports state government actions to enable local governments to obtain the energy use and other data they need to effectively address climate change. Local governments need convenient and consistent access to data that is essential for developing and administering local programs that address clean and efficient energy and reductions in heat -trapping emissions. For example, access to uniform data from electric and gas utilities is critical for implementing building energy use disclosure and benchmarking programs designed to make sure building owners, tenants, and others can be fully informed about energy performance. Local governments also struggle to get consistent data regarding waste collection and disposal, oil and gas operations, and other sources of heat -trapping emissions. CC4CA supports state government actions and 2 August 7, 2018 - Page 61 of 35i: CC4CA 2018-2019 Policy Agenda policies that lead to uniform systems for collection and distribution of data from investor-owned and public utilities that is easily accessible to local governments, while still protective of data privacy for residents and businesses. State Climate -Specific Programs 4. Supports statutory codification of aggressive and enforceable goals to reduce net statewide heat -trapping emissions, including the goal of reducing emissions by more than 26 percent by 2025, compared to 2005 levels, as established by Governor John Hickenlooper through executive order, and including a further goal of reducing emissions by at least 80 percent by 2050, compared to 2005 levels. In July 2017, Governor Hickenlooper issued Executive Order D 2017-015. Among other provisions, it set an official state goal of reducing statewide carbon pollution by more than 26 percent by 2025, compared to 2005 levels. CC4CA applauded the governor for his action, which provides an essential framework for shaping climate protection actions in Colorado. Meeting this goal would mean that Colorado achieved its share of the national commitment the United States made under the Paris Agreement. CC4CA also supports an additional goal of reducing emissions by at least 80 percent by 2050, building on the goal established in 2008 by then -governor Bill Ritter, Jr. in Executive Order D 004 08. Meeting this goal would mean that Colorado achieved its share of the global emission reductions scientists say must be achieved or exceeded to protect the climate from dangerous human interference. CC4CA supports the codification of the state's emission reduction goals in statute, as other states have done, so that they remain the cornerstone of state climate protection actions over time, including following transitions from one governor to another. 5. Supports legislative, regulatory, and administrative actions by the Colorado state government to achieve the state's emission reduction goals and to implement the Colorado Climate Plan, and requests an opportunity for meaningful, sustained engagement by CC4CA in developing those specific steps. In order to meet the emission reduction goals established by Governor Hickenlooper and to implement the governor's 2015 Colorado Climate Plan, the state will need to take additional action. The Colorado Climate Plan is a high-level overview document of state actions for adapting to future climate change impacts and reducing carbon pollution. CC4CA believes it essential that the state government provide an opportunity for meaningful, sustained collaboration with local governments in developing specific climate actions tied to this climate plan, and proposes that representatives of CC4CA be included in that process. Following the July 2017 release of Governor Hickenlooper's executive order, CC4CA initiated a letter to the governor through which 75 local elected officials expressed support for the executive order and its goals and stated their readiness and willingness to help his administration shape and implement concrete, measurable actions that will be needed to meet these goals. 3 August 7, 2018 - Page 62 of 35i: CC4CA 2018-2019 Policy Agenda 6. Supports the development of a new forecast of future heat -trapping emissions reflecting Colorado laws and Colorado -specific information by the Colorado Department of Public Health and Environment, with input from local government and other stakeholders. The "Colorado Greenhouse Gas Inventory: 2014 Update Including Projections to 2020 & 2030," prepared by the Colorado Department of Public Health and Environment, includes a forecast of statewide emissions that utilizes federal Environmental Protection Agency nationwide assumptions about future emissions policies. As a result, the inventory does not reflect currently adopted Colorado laws and policies, such as our Renewable Energy Standard. Without this information, it is impossible to ascertain what progress Colorado is making (or not) in its effort to reduce carbon pollution. CC4CA in July 2017 sent a letter to CDPHE recommending the development of a new Colorado inventory of greenhouse gas emissions that incorporates existing Colorado law and policy in order to more accurately track the state's progress in achieving its emissions reduction goals, and will continue working for that action. 7. Supports a comprehensive market-based policy to reduce Colorado's heat -trapping emissions. Climate change is considered a market failure by economists because it imposes huge costs on society—so-called external costs—that are not normally reflected in the prices of the goods and services causing the cost. To overcome this market failure, CC4CA supports an effort to internalize the costs by putting a price on heat -trapping emissions and allowing that price to help drive emission reductions. Such a market-based approach could be undertaken at national, regional, or state levels, and could take different forms. One approach would be a tax on greenhouse gas emissions. Another would be a cap -and -trade program that allows trading of limited emission rights that are sold and then could be traded to achieve economically efficient emission reductions. Examples include the Regional Greenhouse Gas Initiative covering ten northeastern U.S. states and California's statewide cap -and -trade program. Electricity Generation 8. Supports concrete state government actions to reduce emissions from the electricity sector in Colorado by at least 25 percent by 2025 and at least 35 percent by 2030, compared to 2012 levels, consistent with the goals established by Governor John Hickenlooper through executive order. Executive Order D 2017-015 established new state goals for reducing emissions from the electricity sector that are consistent with what Colorado was considering to comply with the U.S. Environmental Protection Agency's Clean Power Plan under the Obama administration. CC4CA believes that greater emission reductions are possible than called for in the executive order and that further reductions are needed into mid-century, especially given the more ambitious targets that Xcel Energy has identified as achievable in its Colorado Energy Plan currently under consideration by the Public Utilities Commission. CC4CA supports concrete actions by the Colorado Public Utilities 4 August 7, 2018 - Page 63 of 35i: CC4CA 2018-2019 Policy Agenda Commission and the Colorado Department of Public Health and Environment to ensure that we achieve and exceed these goals. 9. Supports the accelerated retirement of existing fossil fuel based generation facilities and their replacement with cost-effective and reliable clean energy supplies, through means that protect both utilities and consumers. CC4CA supports actions in Colorado to enable the early retirement of fossil fuel -based power plants and their replacement with clean energy sources, while protecting the economic interests of both the utilities owning the power plants and electricity customers. CC4CA has previously supported legislation to allow refinancing of older, less efficient power plants, by way of ratepayer -backed bonding, that could make it possible to retire those plants in favor of newer, cleaner sources while protecting the economic interests of both utilities and consumers. In August 2017, Xcel Energy and more than a dozen other entities (including the City of Boulder, a CC4CA member) announced an agreement to seek approval from the Public Utilities Commission of a proposal to retire two old, coal-fired generators at the Comanche power plant in Pueblo, to be replaced with newer energy sources with lower (or no) heat -trapping emissions. The coalition said the proposal is predicated on the cost of the new energy sources meeting or beating the current cost of power from the power plants to be retired. Across the nation, the generation of electricity is rapidly shifting from coal-fired power plants to less polluting plants, driven primarily by economic forces but sometimes also by governmental policies and actions, from climate action plans to new authority for refinancing existing plants. The shift to cleaner electricity generation is driving down greenhouse gas emissions from that sector and holding down overall national emissions. 10. Supports expanded ability of electric cooperatives to independently purchase local renewable electricity. Tri-State Generation and Transmission Association has tried to prevent its customer electric cooperatives from purchasing electricity generated from local renewable sources by other suppliers, both directly through attempts to impose contractual limitations and indirectly through attempts to impose fees. In decisions involving Tri- State and Delta Montrose Electric Association, the Federal Energy Regulatory Commission has found these attempts to be in violation of the Public Utilities Regulatory Policy Act, which actually requires a coop to purchase such electricity, and has blocked Tri-State from preventing those purchases. CC4CA supports the ability of electric cooperatives to purchase non-polluting electricity free from these or any similar limitations. 5 August 7, 2018 - Page 64 of 35i: CC4CA 2018-2019 Policy Agenda 11. Supports state legislation to incrementally increase the Renewable Energy Standard. Colorado's current Renewable Energy Standard requires electricity providers to obtain these minimum percentages of their power from renewable energy sources: • Investor-owned utilities: 30 percent by 2020, of which 3 percent must come from distributed energy resources. • Large rural electric cooperatives: 20 percent by 2020. • Municipal utilities and small rural electric cooperatives: 10 percent by 2020. This standard has been one of the most effective state policies in facilitating the transition from carbon -intensive fossil fuel electricity sources to renewable sources, and CC4CA supports giving consideration to incrementally increasing the standard for all three types of utilities. 12. Supports state legislation to require the Public Utilities Commission to consider all environmental and health costs of the fuels used by investor-owned utilities to generate electricity. Electric utilities should be required to include the costs of carbon pollution when developing their long-term integrated resource plans, as would have been required under a bill considered in the 2016 session of the Colorado General Assembly. The "social cost of carbon" is the economic cost of the impacts of carbon pollution, which can be used to compare the overall costs and benefits of alternative energy sources. Legislation requiring utilities to generate at least one scenario identifying the impacts of carbon pollution would enable utilities, regulators, ratepayers, and others to better understand the true costs of different choices for electricity generation. 13. Supports grid modernization policies and funding that support distributed generation, energy storage, high levels of renewable energy generation (distributed and utility -scale), and appropriate technologies. A wide array of grid modernization policies and actions are available to utilities that can reduce energy consumption, better align availability of electricity to demand, expand renewable energy generation, and collectively reduce carbon pollution from the power generation sector (while also improving reliability and reducing cost). CC4CA supports policies and funding that result in these types of grid modernization efforts in Colorado. Net metering is one example of a policy structure that can result in reduced greenhouse gas emissions, greater reliability for individual energy users and across the grid, improved grid resilience, and reduced cost for both utilities and electricity consumers. Colorado's current net metering policies allow electric customers who invest in distributed energy technologies to net their solar energy production against their consumption. Available in at least 40 states, this simple billing arrangement is one of the most important policies for encouraging rooftop solar and other on-site clean energy options. Net metering also helps foster the voluntary reduction of heat -trapping emissions, contributes to the reliability of the electricity supply and distribution systems, supports the residential and small -commercial renewable energy industry, and helps to 6 August 7, 2018 - Page 65 of 35i: CC4CA 2018-2019 Policy Agenda more quickly replace coal-fired power plants with cleaner sources of energy. In recent years utilities have sought approval from regulatory bodies in many states to either abandon or reduce net metering rates. CC4CA supports grid modernization policies like these and opposes efforts to weaken or eliminate them where they already exist. Energy Efficiency 14. Supports legislative, regulatory, and administrative actions for electric utilities to achieve energy efficiency savings of 2 percent per year beyond 2020, building on the 2020 goal established by Governor Hickenlooper through executive order. Municipal and cooperative utilities should also adopt and achieve similar efficiency targets. In the 2017 session of the Colorado General Assembly, CC4CA supported HB 17-1227, which was enacted to extend an existing law requiring regulated utilities to achieve electricity savings of five percent of retail sales from 2018-2028. Colorado utilities have already demonstrated that they can readily exceed this modest goal. The Southwest Energy Efficiency Project reports that from 2008-16 Xcel Energy and Black Hills Energy achieved ten percent savings, well over one percent per year, with an overall benefit -to - cost ratio of more than two -to -one. Colorado households and businesses saved nearly $1.4 billion net over that time period. Governor Hickenlooper's Executive Order D 2017- 015 set a new goal to achieve two percent per year energy efficiency by 2020, which is readily achievable and should be extended beyond that date. 15. Supports ongoing and sustainable funding for the Weatherization Assistance Program. Low-income and vulnerable households spend a disproportionately large percentage of their income on energy utility bills. The federal Weatherization Assistance Program was created in 1976 to address this problem. Administered here by the Colorado Energy Office, WAP provides funding to locally administered home weatherization programs to provide free weatherization services to Colorado's low-income residents in order to improve the energy efficiency of their homes. Colorado supplements its annual federal WAP allocation with state severance tax dollars, both of which can be volatile sources of revenue. A stable revenue stream for Colorado's eight WAP programs would support the dual goals of assisting families in reducing their energy bills while promoting safe, comfortable, and energy-efficient housing. 16. Supports state enabling legislation to provide counties and statutory cities and towns with the same authority held by home rule cities to implement local energy conservation policies and programs. Unlike their home rule municipal peers, Colorado counties and statutory cities and towns in many cases lack authority to adopt and implement energy conservation policies and programs. For example, only Colorado home rule cities have statutory authorization to enact energy conservation ordinances despite how effective they are 7 August 7, 2018 - Page 66 of 35i: CC4CA 2018-2019 Policy Agenda for improving the energy efficiency and performance of existing residential and commercial buildings. Enabling legislation is needed to provide Colorado's counties and statutory cities and towns with the authority necessary to enact policies and programs that can support and promote energy conservation within their jurisdictions. Transportation 17. Supports Colorado's adoption of motor vehicle emission standards, including requirements for low -emission and zero -emission vehicles, and collaborative efforts for effective implementation, that are equal to or exceed those already adopted by California. The federal Clean Air Act provides authority for California to adopt its own stringent emissions standards for new motor vehicles and for other states to adopt the California standards. Twelve states plus Washington, D.C. have adopted California's basic emission standards. These states represent about 35 percent of the nation's population and the same share of new motor vehicle sales. Nine of these states have also adopted the additional California standards requiring manufacturers to achieve specified sales of zero tailpipe -emission vehicles (i.e., battery -only electric vehicles). California's vehicle standards have enjoyed unusual bipartisan support, including among Colorado's congressional delegation, both as an example of cooperative federalism among federal and state governments and as important for protecting the climate. A June 2017 letter to the Administrator of the U.S. Environmental Protection Agency supporting continuation of the EPA waivers under the Clean Air Act for the California standards was signed by Rep. Mike Coffman, Republican of Colorado, and Rep. Jared Polis, Democrat of Colorado, along with other Members of Congress from both parties. In recent years, the basic California standards have been synchronized with federal emission and fuel efficiency standards. However, the Trump administration is now planning to weaken the federal standards, which would dramatically undermine Colorado's efforts to meet our statewide carbon pollution goals. Reducing emissions from the transportation sector, which has become the sector responsible for the largest share of greenhouse gases, has to be a centerpiece of climate action in the state. At the urging of a wide range of interests across the state, including CC4CA, Governor Hickenlooper's June 2018 executive order (B 2018 006) directs the Colorado Department of Public Health and Environment to develop an advanced clean car standards rule and formally propose adoption of this rule by the Colorado Air Quality Control Commission. CC4CA supports Colorado adopting the California vehicle standards, including the so-called ZEV (zero -emissions vehicle) standards, and CC4CA supports the kinds of flexible approaches to implementing the ZEV standard here in Colorado that we have seen adopted in other ZEV states. 8 August 7, 2018 - Page 67 of 35€ CC4CA 2018-2019 Policy Agenda 18. Supports implementation of the Colorado Electric Vehicle Plan, including new state government actions to accelerate the purchase and use of zero emission vehicles. Nationally, transportation has become the sector responsible for the most carbon pollution. Colorado's recent population growth has led to a commensurate increase in vehicle miles traveled, which has overtaken the emissions reductions made possible through the increasing fuel efficiency of the statewide vehicle fleet. Electrification of light- and heavy-duty vehicles, as well as other emerging zero -emissions technologies, holds perhaps the greatest promise for emissions reductions in this sector. CC4CA supports legislative, regulatory, and administrative action to increase the adoption of electric vehicles by investing in electric vehicle charging stations, educating customers about EVs, and providing customer incentives. CC4CA also supports the current plan to commit a portion of Colorado's share of the Volkswagen emissions control violations settlement to the construction of electric vehicle charging infrastructure across Colorado, and adoption of the California motor vehicle emission standards (see #17 above), including their provisions on sales of zero -emission vehicles. Fossil Fuel Extraction Activities 19. Supports legislative, administrative, and regulatory actions to expand the monitoring of and reduce the full life cycle emissions from fossil fuel extractive industry activities. The mining and extraction of fossil fuels can result in significant levels of carbon pollution. One primary culprit is methane. Methane has a shorter -lived but much more potent heat -trapping effect than carbon dioxide; thus, reducing methane emissions is a highly effective way to buy time to implement more comprehensive actions to reduce industry -wide carbon dioxide emissions. As one example, in 2014 Colorado adopted rules to limit methane emissions from oil and gas operations by requiring oil and gas companies to find and fix methane leaks in its extraction and delivery infrastructure. The rules also require industry to capture methane and volatile organic compounds, both of which contribute to ground -level ozone pollution. CC4CA supports legislative, administrative, and regulatory actions like these to reduce greenhouse gas emissions throughout the entire extraction and transportation processes involving raw fossil fuels. CC4CA also supports expanded monitoring of the full life cycle emissions from these activities. Solid Waste Reduction 20. Supports adoption and implementation of a plan by the Colorado Department of Public Health and Environment to achieve the statewide waste diversion goals established by the Solid and Hazardous Waste Commission. Recycling and composting reduce emissions of both methane and carbon dioxide. Colorado has a low solid waste diversion rate of 19 percent, compared with the national average of 34 percent. In August 2017, the Colorado Solid and Hazardous Waste 9 August 7, 2018 - Page 68 of 35i: CC4CA 2018-2019 Policy Agenda Commission adopted new statewide and regional municipal solid waste diversion goals, including separate goals for 11 Front Range counties and for the remainder of the state for the years 2021, 2026, and 2036. Statewide, the goal is to increase the diversion rate to 45 percent by 2036. CC4CA supports CDPHE's efforts to increase solid waste diversion rates. General 21. Supports the protections and authorities currently provided under environmental laws like the Clean Air Act and the Clean Water Act. Protecting Colorado's air, water, and land is vital to its environment, economy, and people. The protections and authorities afforded by landmark federal laws such as the Clean Air Act and Clean Water Act are foundational to the fight against climate change. For example, the 2007 ruling by the U.S. Supreme Court that heat trapping emissions are air pollutants and thus subject to regulation under the Clean Air Act, and the subsequent 2009 U.S. Environmental Protection Agency endangerment finding that indeed, heat trapping emissions present a danger to public health, obligate our federal government to utilize the protections provided by the Clean Air Act to take action to limit emissions. Local governments rely on these protections and can be critical allies in this effort, as scores of communities across Colorado already are implementing a broad array of initiatives to advance climate protection at the local level, and often doing so in collaboration with the state and federal governments. But we know more must be done. CC4CA communities support the protections and authorities provided under the body of existing environmental law, including the Clean Air Act and Clean Water Act, and will strongly oppose legislative, regulatory, and other efforts to roll back or diminish them. 10 August 7, 2018 - Page 69 of 35i: VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 August 7, 2018 - Page 70 of 35E TOWN OF VAIL ` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - Aug 7th TOWN COUNCIL MEETING TOPICS Civic Area Plan Meeting Updates Dispatch Assistance Community Development Department Updates E -Bike Demos Colorado Assn of Ski Towns Civic Area Plan RFP Town Manager's Office 970.479.2106 970.479.2157 fax Council was apprised of the RFP previously, and a general timeline for the planning process has also been identified. Staff worked collaboratively on the document, with input from six departments. The RFP was posted on JulyStn Shelley Bellm, Office Manager for Community Development Department, has been tasked with overseeing the process, which involved considerable administration and follow-through. We are grateful for her expertise and assistance. Six proposals have been received (the deadline was August 1St) and the review and interview process will now commence. Stay tuned as we will soon be reporting the outcome of this selection process. Meeting Updates 1-70 Coalition I attended the 1-70 Coalition meeting in Blackhawk on July 12th, with much of the discussion concerning the transportation funding ballot initiative that is now garnering signatures. We also had an update regarding the Floyd Hill improvements, which include a softened curve at the bottom of the hill and the boring of a tunnel to handle the westbound traffic. Considerable discussion was also had with regard to the 1-70 express lanes and proposed expansion of that project. On the subject of transportation funding, the proposed ballot measure (Initiative #153) involves a 0.62% sales tax statewide, with 45% of the new revenues being used for CDOT highways, 15% for multi -modal infrastructure, and 40% being shared back with cities and counties. August 7, 2018 - Page 71 of 35€ The Statewide Transportation Advisory Committee is advancing a project list for highway projects should the measure pass. The projects specific to this area include a new auxiliary lane on the west side of Vail Pass, improvements to the Dowd Junction interchange, and eastbound auxiliary lane from Frisco to Silverthorne. Mayors & Managers The monthly meeting occurred on Friday, July 20th. We were given a presentation from Colorado Lt. Governor Donna Lynn regarding health care options for Eagle County. We also had legislative updates from Representative Dylan Roberts, and update from Margaret Bowes with the 1-70 Coalition, and a presentation related to the IMBA (International Mountain Bike Association) Silver Ride Center Designation that was recently received in Eagle County. The meeting was well attended. CML Executive Board Retreat The annual retreat was hosted by the City of Ft. Collins. The agenda included sessions on legislative review, ballot initiatives (not all good ... much more to report on), future focus, and board development. The City hosted a nice dinner reception at the newly completed Elizabeth Hotel in Old Town Fort Collins (a wonderful venue that is a must -do if you are in Ft. Collins). As shown in the accompanying image, Mayor Troxel gave a nice welcome to the many attendees at the reception. Also shown in the accompanying image is City Manager Darin Atteberry discussing the City's recent receipt of a very prestigious award. The Malcolm Baldrige National Quality Award is the nation's highest presidential honor for performance excellence through innovation, improvement and visionary leadership. Since 1988, 106 organizations have earned the award named after Malcolm Baldrige, the 26th Secretary of Commerce. Congress created the award in 1987 to enhance the competitiveness and performance of U.S. businesses. Dispatch Assistance & Rescue On or about July 20th, Dispatcher Whitney Jameson spent 1.5 hours on the phone with a woman who was helping an injured climber on the Booth Falls trail. The climbers were "bouldering" in an area approximately 2.5 miles up the trail when a boulder rolled over the man's lower leg, causing a compound fracture and serious bleeding. After arranging for rescuers to head to the trail, the dispatcher gave instruction to the caller to manage the patient's pain and bleeding, using our Emergency Medical Dispatch protocols. She stayed on the phone until Vail Mountain Rescue members arrived on scene. Once they arrived it was determined to use a Blackhawk helicopter from HAATS to hoist the patient off the trail. The helicopter then landed at Ford Park to make patient transfer to an ambulance. Vail Fire and Emergency Services, Vail Police Department, Eagle County Paramedic Services and HAATS all assisted the Vail Public Safety Communications Center in this rescue. Town Manager's Report Page 2 August 7, 2018 - Page 72 of 35i: Community Development Updates Planner Vacancy The Community Development Department is in the process of recruiting planners to fill two vacancies on the Planning team. Phone interviews were completed on July 20, and in-person interviews with the selected candidates are currently scheduled for the week of August 6 with the goal of bringing on new staff by the end of August or early September. Related, a department barbeque occurred on August 1St and Justin Lightfield, who is now on his way to graduate school, was recognized for his work with the Town. Retreat The Community Development Department participated in a team building day on Friday, July 27 at the Breckenridge Outdoor Education Center. As part of this retreat, the staff completed several challenging activities that required active listening, strong communication, trust and sharing of values. The staff will use the skills and techniques developed in this event to further improve relationships and customer service within the department. Chris Neubecker, our Interim Director, helped orchestrate the retreat, which was well received by the department staff. Electric -Assist Bike Demo Next week as part of an initiative with the Transportation Working Group of the Climate Action Collaborative, Walking Mountains will be hosting a 3 -day E -Bike Share demonstration. The demo will occur Wednesday through Friday (August 8t" -10t"). Bewegen, an e -bike share provider, will be on site to demo their bikes for our elected officials and general public. The Transportation Working Group is working to launch a regional electric -assist bike share system throughout the County. The main purpose of the bike share system would be to provide citizens with convenient, cheap, and quick travel between communities and within towns for commuting, social, or personal trips. Benefits include reduced vehicular trips, assistance in hilly terrain, and convenience. The demo occurs from 11 am to 3pm at the Avon Station in Avon. A map follows: Town Manager's Report Page 3 August 7, 2018 - Page 73 of 35€ Bewegen Electric -Assist Bike Demo ROUTE MAP 0.6 Colorado Association of Ski Towns The next quarterly meeting for CAST is occurring on August 23rd -24th in Mt. Crested Butte. The agenda is still being formulated but the below draft includes a presentation on multi modal transportation best practices, as well as an update on the Ski Area Fee Retention Act. Transportation has been a central focus of CAST this year and a topic that is of high interest by all mountain towns. I will be attending and will report back on the outcomes of the meeting. Thursday, August 23 5:00-9:00 p.m. Friday. August 24 7:45 a.m.-12:30 p.m. Reception & Dinner, Mt. Crested Butte (CAST Alumni are invited to join us.) CAST Breakfast & Meeting, Mt. Crested Butte Agenda topics will include: -CAST Multi Modal Transportation Best Practices: Final Project Presentation by Felsburg, Holt & Ullevig -Discussion: Ski Area Fee Retention Act -More TBD Town Manager's Report Page 4 August 7, 2018 - Page 74 of 35€ Town Manager's Report Page 5 August 7, 2018 - Page 75 of 35€ TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Presentation about Autonomous Vehicles PRESENTER(S): Rutt Bridges, Executive Director, Understanding Disruption, Inc. ACTION REQUESTED OF COUNCIL: Informational only. BACKGROUND: Executive Director of Understanding Disruption, Inc., Rutt Bridges, will present about "how life would change for the better with autonomous vehicles". ATTACHMENTS: Description Autonomous Vehicle Information and Bio August 7, 2018 - Page 76 of 35E AUTO\OMOUS VEHICLES I TUESDAY, AUGUST 7 1 6:15 - 7:15 p.m. Vail Town Council Chambers 75 S. Frontage Road with Rutt Bridges Noted Author and Futurist JOIN US! The Town of Vail Autonomous Vehicles Rutt is executive director of Understanding Disruption, a non-profit organization based in Denver, and the author of "Driverless Car Revolution" and "Our Driverless Future: Heaven or Hell?" His presentation will occur during Tuesday's Vail Town Council meeting following a spirited keynote address that took place during the recent Colorado Municipal League Conference. For questions, contact Patty McKenny, Vail Town Clerk, at pmckenny@vailgov.com. 75 South Frontage Road Vail, Colorado 81657 970.479.2100 1 vailgov.com is hosting a presentation on and other Emerging Technologies TOWN OFVAIL � August 7, 2018 - Page 77 of 35€ Rutt Bridges Futurist, author, and entrepreneur Rutt is Executive Director of the nonprofit Understanding Disruption. He has Physics and Geophysics degrees from Georgia Tech and serves on Georgia Tech's College of Sciences Advisory Board, the Securing America's Future Energy Autonomous Vehicle Task Force, and the Colorado Department of Transportation Innovisers Council. Rutt is past president of the 30,000 -member Society of Exploration Geophysicists and past chairman of Colorado Public Radio. Since selling an analytics software startup four years ago, Rutt has focused on understanding disruptive innovations. His 2015 e -book, Driverless Car Revolution, reached #1 in sales for Robotics and Automotive on Amazon, and his second book, Our Driverless Future: Heaven or Hell, has just been published and is available on Amazon as a Kindle eBook and also as a softcover version. August 7, 2018 - Page 78 of 35E TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Comprehensive Open Lands Plan Review (Trails) 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 4, Trails. As part of this meeting, Staff will also follow up with Town Council on the discussion from the July 17, 2018 meeting on Chapter 3. BACKGROUND: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update relating to Trails. The Plan identifies 12 trail ideas which are shown on a Conceptual Trails Plan, for consideration by the Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council provide feedback on any elements of the Trails (Chapter 4) section of the draft 2018 Open Lands Plan Update that may need to be modified. ATTACHMENTS: Description 2018 Open Lands Plan Update - Staff Memo 2018 Open Lands Plan Update - Attachment A - Presentation 2018 Open Lands Plan Update - Attachment B - Public Comment Vucich Comments August 7, 2018 - Page 79 of 35€ TOWN OF vain Memorandum TO: Town Council FROM: Community Development Department DATE: August 7, 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 relating to Chapter 4, Trails. Staff will also follow up on discussion from the July 17, 2018 meeting on Chapter 3, Town Lands and Use of Lands, including answers to Council questions and summarizing potential refinements to the Plan. There will also be discussion on the next steps in the Council's review of the Plan. For a copy of the draft 2018 Open Lands Plan Update, please select the following link: https://www.vailgov.com/openlandsupdate II. Trails The 1994 Comprehensive Open Lands Plan included a discussion on trails, including a concept plan with new trail ideas, proposed trailheads and new bike paths. Four of the five priority areas identified in the 1994 Plan included issues relating to trails. These priorities from the 1994 Plan included: • Protect sensitive natural habitat areas, riparian areas, and hazard areas; • Extend the Vail Trail to East Vail and add several trailheads to access the trail; • Add a new trail on the north side and western half of Town to connect existing trailheads and neighborhoods; • Add three "trailheads" in the core areas to access Vail Mountain trails and inform visitors of trail opportunities and provide better access to Gore Creek; • Add bike lanes to the north and south frontage roads (the entire length of Town) and add paved shoulders to Vail Valley Drive. August 7, 2018 - Page 80 of 35E Some of these actions have already been implemented, including the construction of the North Trail, installation of bike lanes along North and South Frontage Roads, and installation of trailheads and improved trail signage. The draft 2018 Open Lands Plan Update addressed trails in much greater detail. This Plan Update includes a vision statement for Vail's trails and extensive discussion on the impact of trails, including the potential impact on wildlife. The Plan Update includes a Conceptual Trails Plan that identifies twelve potential new trail "ideas" and other trail improvements and programs. The Plan also outlines a process for a trails plan and related environmental and wildlife analysis that would be completed prior to any new trail development. In the public process of developing this Plan Update, there was a strong outreach to the community to gain input on trail related issues. The public engagement process included scoping sessions and community meetings, discussions and meetings with Colorado Parks and Wildlife, small group meetings, and a trails workshop. The vast majority of those attending the public meetings indicated that trails provide a benefit to the community, and the community's use of trails is significant. While there was mixed support for expanding the existing trail system, there was clear consensus that any new trails need to be sustainable and sensitive to potential impacts on the natural environment and wildlife. As a result of the small group meetings on trails, five primary themes evolved that provided the basis for the vision statement for trails. The themes included safety, sustainability, accessibility, diversity and connectivity. The study included an inventory of 90 existing hard and soft surface trails totaling nearly 200 miles in and around Vail. The inventory also identified 14 miles of unsanctioned trails, or social trails, including many neighborhood connector trails that are used extensively. A major concern with the expansion of trails is the impact that trails and trail users can have on wildlife. In response to this concern, a wildlife forum was held with a panel of local and regional wildlife experts. The wildlife forum confirmed concerns over the reduction in wildlife populations in the Vail valley. A video of the wildlife forum can be found at this link: https://www.vailgov.com/openlandsupdate As presented, the draft 2018 Open Lands Plan Update recommends additional study of potential wildlife and other environmental impacts from new trails as part of a trails planning process and before the construction of any new trails. Four main parameters were used to determine which trail ideas to include in the Conceptual Trails Plan. These include: • The trail is located such that it may be feasible through design, construction, management and mitigating measures to minimize adverse impacts on wildlife. Town of Vail Page 2 August 7, 2018 - Page 81 of 35€ • The trail be designed and constructed to be safe for all intended users or the trail improves the safety of the trail system. • The trail improves or expands recreational opportunities for one or more user group. • The trail improves neighborhood connectivity or provides beneficial linkages between existing trails. Based on these criteria, several trail ideas were removed from consideration for the Conceptual Trails Plan. Future wildlife and environmental analysis will be completed as a part of making final decisions on any new trail development. III. Input from Town Council and Next Steps The Community Development Department requests that the Town Council provide feedback on any elements of the Trails (Chapter 4) 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. IV. Attachments A. Open Lands Presentation from Braun Associates B. Public Comment Town of Vail Page 3 August 7, 2018 - Page 82 of 35€ } • Update to the 1994 Comprehensive Open Lands Plan August 7, 2018 - Page 83 of 358 digairP) U Tonight's Agenda TC Review Process -next steps Chapter 3 -Town-owned Land and Use of Lands • Follow-up questions from July 17t" • Plan refinements Chapter 4- Trails • Wildlife discussion -Bill Andree • Overview of Chapter 4 Update to the 1994 Comprehensive Open Lands Plan August 7, 2018 - Page 84 of 358 l �1 2015 Update to the 1004 Comprehensive Open Lands Plan INTRODUCTION Meeting Of rntroduttionlove rview of the 2018 Open !ands Plan Update Meeting 02 Suggested approach to CounddJ's review Discussion of Council's general impression of draft Specific quetion%' comments of Council -Y�Y�YI�IY TOPICAL REVIEW Meeting #3 Environmentally Sensitive Lands '94 pran, process, results Community in put during this update process 2019 Update process Qvcriicw of Chapter 2 Lands recommended for acquisition/protection Methods for protecting sensitive lands Action Iterns,rmplementa- tion Steps Implication Vrerationshi of Chapter 2 with rest of the plan Sumrrrary of refinemenim Vey Thr? ! Meeting #4 Town -Owned Lands '44 plan,. process, results Community inputdurin- tiiis update process 2018 Update process Ovcrvicw of Chapter 1 Existing town rands an rands recommended fo potential acqui.5ition Action Items and Implementation Steps Implication +rclatirnshi of Chapter 3 with rest a the pran 5urnmary of refinements Gr r• TRC+ Meeting #5 Traits 44 plan, process, results Community input during this update process 2018 Update process Overview of Chapter 4 Proposed trail ideas/ trai rs dropped from consideration Action Items and Implementation Steps lmpl ications/re lation- ship or Chapter 4 with rest of the pran Summary of refinements 1 Refine Draft FarJaw up as necessary Refine Draft - Follow upas necessary ,11111111 11111" Refine Draft Farrow upas necessary APPROVAL Meeting #6 Presentation of revised plan. ConSrdc ratron of resaJution for approval IN r�wJu Jrf UAJL - 2018VAI L OPEN LANDS PLAN UPDATE Town Counel Review Process Update to the 1994 Comprehensive Open Lands Plan TOWS OF VAIL August 7, 2018 - Page 85 of 358 AISW-1f�.� Suggestion for Next TC Meeting Goal of Next Meeting Finalize Council's refinements to Plan Approach • Review Council's suggested refinements (made to date) • Based on previous meetings, discuss potential refinements to other topics • Discuss other comments from Council • Suggestions from Community Next Step Staff/consultant to complete refinements to Plan, present to TC for final adoption. Update to the 1994 Comprehensive Open Lands Plan TOWN JF VArt August 7, 2018 - Page 86 of 358 AggirrB AU Follow-up from July 17tH 16 Environmentally Sensitive Lands Action Items 6 Town Land/Use Action Items Middle Bench, re: reference to RETT and land uses Colorado Natural Heritage work from '94 Update to the 1994 Comprehensive Open Lands Plan 7f11+ !1i V/I11 August 7, 2018 - Page 87 of 358 RAU rom July 17th Buildable area of Action Item #9 Update to the 1994 Comprehensive Open Lands Plan TfIVI/111 fir tall August 7, 2018 - Page 88 of 358 „„sairP) RAU N rom July 17t" Buildable area of Action Item #9 'Buildable _. Area +.1- 015 Acres Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal August 7, 2018 - Page 89 of 358 „„sair U Follow-up from July 17tH Development potential of Action Item #23 Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l August 7, 2018 - Page 90 of 358 41lairP) AU Plan Refinements • Clarify conference facility - voter's rejected funding • "Link" sustainable destinations with Town's management of sensitive lands • Add importance of monitoring town lands, re: management, biodiversity, etc. • Broaden potential uses for Action Item #9 Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l August 7, 2018 - Page 91 of 358 AggirrB AU Trails Background • 1994 Plan • 2018 Update -Community Input • 2018 Update -Process Town Council Comments/Questions Chapter 4 Overview • Approach/format • Main elements Town Council Comments/Questions Key Elements of Chapter 4 • The vision • Wildlife • Conceptual Trails Plan Public Comment Town Council Comments/Questions Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIt August 7, 2018 - Page 92 of 358 AggirB ALI Background/1 994 Plan Priorities for open space and recreation needs: #1 Acquisition, preservation and protection ..� natural oxen saace. #2 - Improvements of the trail and bike path system in and around the Town Top 5 Action Item Priorities: #1 Protecti... of „.:nsitive lands #2 Extend Vail Trail to East Vail #3 North Trail #4 New trailheads #5 Frontage Road bike lanes Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l August 7, 2018 - Page 93 of 358 �1 Background/1 994 Plan 70a11 of Vait ceone�eams;eti :?'lre Lar dS Mr? NaI:Try: ForkciSpwgm fkmatli Trail 1• !.z,E4.2 3 Update to the 1994 Comprehensive Open Lands Plan T0IJN JF VAIt August 7, 2018 - Page 94 of 358 .1. AL11 Background/1994 Plan Lendt r liPTA.... OrnpreherigiVe OpLancia en Plan . Exhibit E Trot Pkra CU. Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir tall August 7, 2018 - Page 95 of 358 \UN. Background/1 994 Plan North Trarl TraiJhead- Improved Burichr Creer TraJlhead -improved Examples of Completed Trails N4r#h Troll is comprvpr rrgm Arwer Trsiir- hcad to Spraddlc Creek Trailhead Middic Creek Traiihcad -Completed Spr.lddlr. Carxrk Tr.rllhr..ld - Camplethel 9ooth Crgrk Tame. hr..ia - fmpraued • #� tarl— v • f I 1 Frontage Road Bike Lames -Completed Davos Trailhcad - improved e. .#: iv Frorrta9L Road Bike Lane • Compete Leta 4G to5lwp cr,•r. ra.��ryatprlF WIIr.r •— rMra,r l ardrr,.,u{ NAME REIF] 41.111.0113 C myleted ImorovemenCi Tr..IrYNn ■••■ Fronragt Road Eike J.71M. • — MLIU 1./Se Soar Surface hall rl:OFfLEF Mai ��"'"'" Pitkm Creek Trhllll,eAel -Improved 1.—Erg•hor Creek Trrilhr.�d - improved rpor.sn pd n4,1 -LIP F4IWIW �Y WY YI 114w "MS Gore Creek and deF Jc a Llke Trailhead • Improved f MINIM( 'iAIL 2016 VAJL OPEN LANDS PLAN UPDATE Plan Successes - Trails Update to the 1994 Comprehensive Open Lands Plan Term nF WW1: August 7, 2018 - Page 96 of 358 AggirP) RAU Background/2018 Community Input 3 Scoping Meetings • +1-75 participants • 11 "prompts"/3 related to sensitive lands 2 Community Meetings • #1 - "targeted" small group conversations • #2 - presented initial findings Town website portal Small group meetings Trails workshop Wildlife Forum Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir Utl11 August 7, 2018 - Page 97 of 358 RAU Backgroundl2018 Community Input Prompt 1 How do you use the Town's trails and paths? (open ended question) Bike Path 14.6°/a Hiking Soft surface trails 19.5°/a Multiple Use (bike, hike, walk) 65.9°/a Non User 0% 41 responses Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l August 7, 2018 - Page 98 of 358 AggirrB AU Backgroundl2018 Community Input Prompt 2 Do trails benefit the community? Yes No 32 responses 100% 0% Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal August 7, 2018 - Page 99 of 358 AggirB ALI Background/2018 Community Input Prompt 3 What steps could be taken to improve the Town's existing trail system? (open ended question) Better Signage 13.3% More Trails 40% Improved Trailhead Parking 3.3% Better Maintenance 10% Outreach/trail etiquette/enforcement 20% Nothing 13.3% 30 responses Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l August 7, 2018 - Page 100 of 358016W4 Backgroundl2018 Community Input Prompt 4 Support for the concept of a trail system between neighborhoods? Support Not Support 39 responses 74.4% 25.6% Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l August 7, 2018 - Page 101 of 35801141.14RALI Backgroundl2018 Community Input Prompt 5 What factors are important to you when thinking about potential trail development in Vail? Environmental 77.4% Aesthetics/Open Space/Privacy 6.5% Safety 3.2% Parking/Access 9.7% Overdevelopment 3.2% 31 responses Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir Utl11 August 7, 2018 - Page 102 of 35801141.14RALI Backgroundl2018 Community Input Tasks • Define potential trail ideas • ID other trail related programs and improvements • Improve upon how '94 Plan addressed trails Approach • Additional community engagement • SE Group • Find balance between potential trails and environmental considerations Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l August 7, 2018 - Page 103 of 358+))'L1 Backgroundl2018 Process Town Council Comments/Questions Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l August 7, 2018 - Page 104 of 358+))'L1 Chapter 4 Overview • Community Input on Trails • Small Group Meetings • Trails Workshop • Vision for Trails • Wildlife in the Gore Valley • Wildlife and Recreation Trails • Mitigating measures • Conceptual Trails Plan • Description of Trail Ideas • Other Trail Improvements • Trail Types and Standards • Regional Context of Vails Trails • Process for Evaluation of Trail Ideas • Easements from Private Land Owners Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l August 7, 2018 - Page 105 of 358+ " !I(. .1 Chapter 4 Overview Town Council Comments/Questions Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal August 7, 2018 - Page 106 of 35801141.14RALI Chapter 4 Trails Bill Andree Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal August 7, 2018 - Page 107 of 35801141.14 Chapter 4 Trails Vision for Vail's Trails Wildlife Considerations Mitigating Measures Prior to Further Study Conceptual Trails Plan Other Considerations and Next Steps Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l August 7, 2018 - Page 108 of 358+ " !I(. .1 Chapter 4 Trails "Vail can't be all things to all people" "Vail should be a mountain biking mecca" "Build a loop trail around the valley for world-class connectivity" "Make the Vail Trail hiking -only" "We have an amazing place - let's work with our existing trails with better signage and maintenance" "Natural trails as Vail's signature" "Vail may not be a trails destination but we need a trails update to meet existing demand" "Vail should be a place where kids can ride a bike safely" Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! August 7, 2018 - Page 109 of 358+'1 Chapter 4 Trails A VISION FOR AILS TRAILS BaSt' J on ir}:ut Run 1,1m.currirriuriiy Lrrt u_ :oma- IF its t} date pxc ccs . WIC J':iir f I lb' News La '1 or if 2.13 an ::.:{.41.1,1.,Z11.1', is A S}fstrm nr paved and sortiuv rxcr trails filet is saFe !oF all aures. Thr uugdr best praiaires in drsignr edircatiurr, Iran L+Srrs with diverse needs and ability levels can safely recreate on trails in the Vail arca. Educational and informational programs with an emphasis on .ritriFyr awearrnels and rescue FEN affirm are provided to trail users. Trails are maintained to meet ttrc highest standards for sustainability. Managing existing trails to maintain high standards takes priority over expanding the trail net week. Ali trails are designed and egrtstrurcd to respect and protect sensitive wildlife habitat and terrain whirs providing opportunities for both residents and visitors to connect with and expeNenoe n8 tw e. A variety of soft and hard -surface trails of varying difficulty levels are available to provide arccssibi!ity to all user groups. Connectivity is key. Trails provide safe, non -vehicular connections between neighborhoods and important destinations in Town- Proper 4igrra9r will make rr uJ a ny. to Find And fnppw. reads in the VarJ area are planned in concert with trails in the surrounding arca. Continued collaboration with neighboring towns, Eagle County, and the LISPS is essential fora successful trail network, iliSafety Sustainability Sensitivity Variety Connectivity Collaboration Update to the 1994 Comprehensive Open Lands Plan MINN fIF VArt August 7, 2018 - Page 110 of 358'1 Chapter 4 Trails Wildlife in the Gore Creek Valley How trail use affects wildlife Colorado Parks and Wildlife Update to the 1994 Comprehensive Open Lands Plan T1IJL 111VAI! August 7, 2018 - Page 111 of 358+'1 Chapter 4 Trails %STA -;• L 1 11••''•• •••••• h • [cal J'en• • ,rw• %rm.% Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIL 1!o0 hi: ...a {4 t3 • 3uPLI -New L r3rr, August 7, 2018 - Page 112 of 358401rBRAWN Chapter 4 Trails Initial Steps: • Define trail -free zones • Public education • Enforce seasonal trail closures • Habitat enhancement Update to the 1994 Comprehensive Open Lands Plan August 7, 2018 - Page 113 of 358+ " !I(. 1 Chapter 4 Trails Conceptual Trails PIan. .. . "ideas" Parameters for decision-making: • Wildlife considerations, potential for mitigation • Safe for users, improve safety of existing trails • Expand opportunities for user groups • Provide neighborhood connectivity/trail linkages Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l August 7, 2018 - Page 114 of 358+))'1 Chapter 4 Trails %To T nur Ned Sand:fane !toad to Rufk•]v Creek Trait C.,, inrchoa 1 Laxi Lake hoop System 13 ...Okla. Llera r Said Mowdein ftkui 1'T.il Spav,ddlr Creek to Lioathh Cr.er Co meclor ExFSLng Palls Tram Javiisarid t4pQgcstaorl Flew Paved Paths Potentlai craven's Ellke Fac IIGes Sc,tttt TraiI 4 Veil Trait F:ronaeaLF]vse11 ....I. r1.,x� Adak: tnkiintirrn FAlLCVAfL `- ktOr CI �.Ci4144'- dr .11:11 .::• M1 TURN Mintunl Ridge Trail l4Y'u Elkin& bim-Irtan t S]wrL- uL SMi II Crrrl¢ 1 rrovik-mr 4 1 1 1 1 1 1. / F:::F.T'I Update to the 1994 Comprehensive Open Lands Plan T0IJN Yr NAIL August 7, 2018 - Page 115 of 358'.1 Chapter 4 Trails Avon/ Miley _ Connector 1 21,Jorth frail to Dav4 Connectot —Olest V,!ei e,chinge •.) InteeTou_TA•0--4\ I J. • .:15. A. • dr • M - Matter/Inn' /-Nct TRAILS AREA _ frail intermountain Trail t AA- Rem!. Siridhtmie Valley Trail nc\.. Putetv Patch% - SAL ur Lo Red Sandstone C.411111Milli I /1 ' Ii THAI L A wok Booth F.ehr MAW V.-)11 (". chap k•• ail yierchderge• ......,^...--'-i ...11'1 •..-,74..1.;2:41."- il IVIL5puriti9u II 451 - Vail Trak]. ..----..---'."--- Ni.... A ..., ---.-. 1, 1 ,-..N.AEL5 ri.REA .,C‘, onne t,or :..\CI1 1/ 1P 1 L ro,:i Niel Lion.sheacl Ir.%) 1 ../ :5 - 1.1 itrni4Er4417.: (. , , . • . ...--- --__% V '•'' -.. •' r- 1. .--.. — 'r,..- -.• 1.--'._ c.• --,i,— --.._'"- \ ,. k. .. .., ---- -, -.----_,r° -- ---. .-..-. -..%.,,-!--./ -\r---::-----------7-.%.A ,-- ,..„... __„......... :-. \-\-......., \ ,.)1-, ..,..c. ./ • • -.-, \ 'I. ..--. ..-- 410- Vail trail Extension 011 - East/ Wein& Trait , 012 - Twu Lik Connector Ii CONCEPTUAL TRAILS PLAN .201 7 Open Lands Plan - Update Existing Traiis Ti -air Ideas and Suggestions Ni'M+ gave# MKS fiatuntfai ChIldrrn'.5 Eat- FiIitic Charier 4- Trails Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! August 7, 2018 - Page 116 of 35811141."4 RAU N Chapter 4 Trails Trail #1 -North Trail/Davos Connector Trail #2Avon/Nottingham Ridge Connector Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIt August 7, 2018 - Page 117 of 35801141.14RALI Chapter 4 Trails Trails #1 and #2 - Avon/ Nottingham Ridge Connector 11Red Sandstone Valley Trail Potatr - orth Trail to `. Div Connector tr c rchenge Vest Vail ti 1 aunt 11. 1 VP i- Lic 1 t r #1. North Trail to Davos Connector: Proposed multi -use trail to connect segments of the \orth Trail to the Davos Trail to create a moderate loop trail from West Vail. User groups: Multi -use Ability Level: Intermediate Supports Vision Goals: Diversity, Connectivity Issues/Concerns/Process: wildlife analysis, USFS approval Update to the 1994 Comprehensive Open Lands Plan 711 1+1/111 fir M' August 7, 2018 - Page 118 of 35j 11 Chapter 4 Trails Trails #1 and #2 2 -Avon/ /Nottingham Ridge r -Vit. actor *!`- F ~ #.� O*!I ATP :• x.-T,._.ui frail to \ \ Dav Connector do akAe#. i West Vail : . 11 t crch.-nge 'a. •• I 111- Red Sandstone Valley Trail Potatr M 1api Into Dunn t 11. 1 VP • Lig, ✓ 1 r r #2. Avon/Nottingham Ridge Connector: Proposed multi -use trail to connect the North Trail to the existing Nottingham Ridge Trail and future Traer Creek development in Avon. This connection is identified in the current White River National Forest Travel Management Plan. User groups: Multi -use Ability Level: Intermediate/Difficult Supports Vision Goals: Accessibility, Diversity, Connectivity Issues/Concerns/Process: Wildlife analysis, coordination with Traer Creek Development Company, Town of Avon, USFS approval Update to the 1994 Comprehensive Open Lands Plan TflUVM fir UMl August 7, 2018 - Page 119 of 3580ar'I-1 nhapter 4 arrails Trail #3 Intermountain Trail Trail #4 Matterhorn Trail Trail #5 Intermountain/LH Connector Update to the 1994 Comprehensive Open Lands Plan T1IJL 111VAI! August 7, 2018 - Page 120 of 358+'1 Chapter 4 Trails .1 7 N ULklM L611.4.111 JRlliisv Connector or!h -trail to '., Dav ' Connector West Vail r erchange 1 A 1711rlt. i 11.5 - 1ntenIio ,inn5head No I RAJL5 AREA - Intemtoiintan3 'Trail 44 - Matterhorn Trail 7 #3. Intermountain Trail: Existing social trail provides intermediate soft -surface hiking opportunity for the Intermountain neighborhood. The upper reaches could be adopted/improved as a hiking -only trail while the lower reach could provide hiking/biking access to Trail Opportunity #5. User groups: Hiking -only Ability Level: Intermediate Supports Vision Goals: Accessibility, Connectivity, Diversity Issues/Concerns/Process: Steep terrain, safety, wildlife analysis, USFS approval Update to the 1994 Comprehensive Open Lands Plan TfIUVf fir tal August 7, 2018 - Page 121 of 3584114r1 ' i 4 TraiChapterls#4. Matterhorn Trail: Existinc social trail connects Eagles Nest/Game Creek Trail down to the Matterhorn neighborhood. If formally approved by USFS, trail should be realigned in sections to improve sustainability and 1NULLULConnector ai niLe�rr . fff #Af connected to Trail #5. Potential wildlife ` _rf _~, i ="- .... *`' " comprehensively with Trails #3 and #5. An "`'outcome of this anal sis could be to take 1J)% Dt�v'Connectortar ..�� �`.�� - Clrltl Trail to � y ' i• *, ;,-0:*fw 1alt 4 } steps to close the Matterhorn Trail. ri erchange F`v* la �. User groups: Hiking,mountain biking .. = ►.tonaLeald �� Ability Level: More difficult „ourlt V,' " � Supports Vision Goals: Sustainabiliy, impacts from this trail need to be evaluated ;* 4-MerConnectivity, Diversity orn /NQ I'naIr,s AREA -IF i: Trail Intern -maintain /No Steep crades, Trail 1 safety, wildlife analysis, USFS approval Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l August 7, 2018 - Page 122 of 3580141r1 ' i Chapter 4 Trails IN ULLUL /1ALLL 1\LUI"C Connector ter* forth Trail to Davors Connector • f• • • 1 West Vail erchange Intennonntain 'frail No TRAILS ILS AREA if - Matterhorn Trail #5. Intermountain to Lionshead Connector: Proposed multi -use trail to connect the Intermountain Trail (#3) to Hank's Hideaway on Vail Mountain with several neighborhood trailheads to provide access. The alignment could pass through recent timber cuts as a way of reducing environmental impacts. User groups: IV ulti-use Ability Level: Intermediate Supports Vision Goals: Accessibility, Diversity, Connectivity, Issues/Concerns/Process: Wildlife analysis, evaluate private property impacts, USFS approval Update to the 1994 Comprehensive Open Lands Plan TfI I+V fir tM l August 7, 2018 - Page 123 of 3580141r1 ' i Chi Trail Trail Ipter 4 Trails #6 Red Sandstone Valley Trail #7 Son of Middle/Red Sandstone Rd Connector .,J Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! August 7, 2018 - Page 124 of 358+))'L1 Chapter 4 Trails #6. Red Sandstone Valley Trail: Red Sandstoi,e Valley Tra I Proposed multi -use trail connecting Vail to existing and proposed trails in the forest north of Vail. This soft -surface trail parallels Red Sandstone Road and 17- Son to Red S. Piney Lake Road to provide a much safer Road C( alternative by providing trail users an alternative to Red Sandstone Road. This trail, if deemed feasible from a design and wildlife impact standpoint, will need to be "tight" to Red Sandstone Road in order to minimize habitat fragmentation and impacts from trail use. Potato !atc didoe # - Interm T User groups: Multi -use Ability Level: Intermediate Supports Vision Goals: Accessibility, Diversity, Connectivity, Issues/Concerns/Process: wildlife analysis, USFS approval Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l August 7, 2018 - Page 125 of 35801Mr1 ' ' i Chapter 4 Trails - Son of Middle to Red Sandstone Road Connector Mi - Mountain 0s5 Conne for 7 #7. Son of Middle Creek to Red Sandstone Road Connector: This trail connects the Son of Middle Creek trail to Red Sandstone Road through Town of Vail and USFS land above Red Sandstone School. This connector creates an intermediate loop with the North Trail and provides a loop alternative between Lionshead and Vail Village on the north side of 1-70. User groups: Multi -use Ability Level: Intermediate Supports Vision Goals: Accessibility, Diversity, Connectivity Issues/Concerns/Process: Terrain, private property impacts, wildlife analysis, Town of Vail approvals, USFS approval Update to the 1994 Comprehensive Open Lands Plan T0(JN JF VArt August 7, 2018 - Page 126 of 3580141.14'LI Chapter 4 Trails Trail #8 -Vail Mountain Cross Connector Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l August 7, 2018 - Page 127 of 358+'1 Chapter 4 Trails 1 ? I .7 - Son of Mick& 1. --'1 I I o Mer! Santdsi one Po.hi Coiliwtor t'f1- Red Sand5lrne 11—,..7,4"-f-- I {; vtillry Trail t ,{ .' ,tie - Ava Pot,i Pitch• { J 7 ' Notting,lia m Riclgr ` 4 �+ £ Caruuctor f {' '-" I 1 -*L.11 Trail to - Daus Ccnnealor West V.ilI .- t \/.21 rcFw,ngs } into JIittcgucauxrtun Tail r} NO TRAMS AEI #8. Vail Mountain Cross Connector: Potential soft -surface trail across the lower reaches of Vail Mountain utilizing existing trail where feasible. Requires planning process and approvals with Vail Resorts and USFS. User groups: Multi -use Ability Level: Beginner/Intermediate Supports Vision Goals: Accessibility, Diversity, Connectivity, Sustainability Issues/Concerns/Process: Wildlife analysis, evaluate private property impacts, USFS approval Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to ll August 7, 2018 - Page 128 of 358+ I—I nhE Trai Trai ipter 4 Trails I #9 Vail Trail 1 #10 Vail Trail Extension Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! August 7, 2018 - Page 129 of 358+))'L1 Chapter 4 Trails #9. Vail Trail: —Main Vail Interchange No Ti Main or # - Vail Trail Ford Park Existing social trail provides intermediate soft -surface hiking and limited biking between Vail Village and the Golf Course Clubhouse. The trail currently crosses into USFS and private property and should be formalized with the property owners. Trail improvements are needed to address sustainability and accessibility. This trail is recommended to be a hiking -only trail. Any work to improve this trail should maintain the width and informal, organic character of the existing trail. User groups: Hiking -only Ability Level: Intermediate Supports Vision Goals: Accessibility, Sustainability, Connectivity, Diversity Issues/Concerns/Process: Steep terrain, hazard areas, private property, wildlife analysis, USFS approval Update to the 1994 Comprehensive Open Lands Plan T0(JN JF VArt August 7, 2018 - Page 130 of 35801Mr1 ' ' i Chapter 4 Trails #,o. Vail Trail Extension: No TRAILS AREA Booth Fans Trail #10- Vail Trail Extension IO TEAMS AREA User groups: Multi -use Ability Level: Beginner New trail that provides a soft -surface alternative to the paved Gore Valley Trail through the Town -owned Katsos Ranch Open Space. A peregrine falcon nesting site is located in the vicinity of this potential trail and a portion of the trail is located within Elk Winter Range and Transitional Range. Analysis of how this trail may impact these wildlife resources will be necessary to determine if this trail should be constructed and if so, to identify any measures necessary to mitigate impacts on wildlife resources. The trail alignment should be very close to the Gore Valley Trail to minimize habitat fragmentation. Potential mitigating measures for elk winter range and the falcon nest will likely include seasonal trail closures. Another potential mitigating measure for the falcon nest could be to reduce the length of the trail by linking it Supports Vision Goals: Accessibility, Diversity, back to the Gore Valley Trail west of the nest to minimize Connectivity new activity with the nest's Area of Influence. Taking steps to Issues/Concerns/Process: Wildlife analysis/ close social trails around the Vail Memorial Garden should Peregrine falcon, geological hazard areas, also be considered. Town of Vail approvals, USFS approval Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l August 7, 2018 - Page 131 of 3581116W1 U Chapter 4 Tails Trail #11 East Water Tank Trail #12 Two Elk Connector East Water Tank Update to the 1994 Comprehensive Open Lands Plan T0IJN JF VAIt August 7, 2018 - Page 132 of 358+))'L1 Chapter 4 Trails FAS all ercharig c #11 - East -' Watestartk Trail , t4 ti 4'1 Two Elk Connectort #1 1. East Water Tank Trail: Existing social trail provides intermediate soft - surface hiking and limited biking for the East Vail neighborhood. Wildlife implications of this social trail will need to be evaluated to determine whether this trail should be formalized or whether steps should be taken to close the trail. If efforts are made to formalize this trail, the narrow width and scale of the existing trial should be maintained, particularly with the westernmost leg of the trail given steep terrain in this area. User groups: Hiking, limited mountain biking Ability Level: More difficult Supports Vision Goals: Accessibility, Sustainability, Connectivity, Diversity Issues/Concerns/Process: Steep terrain, wildlife analysis, USFS approval Update to the 1994 Comprehensive Open Lands Plan T0(JN JF VArt August 7, 2018 - Page 133 of 358+))'1 Chapter 4 Trails FAS all F ercha rig #11 - East Vatertank Trail P12 - Two Elk Connector L t S t #12. Two Elk Connector: This new soft -surface trail would connect the lower reach of the Two Elk Trail with East Vail, eliminating the need to access the Vail Pass bike path. The trail would align low on the hillside south of 1-70 and improve a long loop -trail for the Vail area. Wildlife implications of this trail will need to be evaluated. User groups: Multi -use Ability Level: Intermediate Supports Vision Goals: Safey, Accessibility, Diversity, Connectivity Issues/Concerns/Process: Terrain analysis, private property impacts, wildlife analysis, USFS approval Update to the 1994 Comprehensive Open Lands Plan T0(JN JF VArt August 7, 2018 - Page 134 of 358411r1'LI Chapter 4 Trails .• C..- Red Sandstone Valfey Trail t2 Potato Ko•Hine:P.ard.Ridee CorulEd.o.r '7- Son of Middle 1Q Bed:Sim-1st-one onnertnr IBAEL5 AREA. f •.in • 7 - -Main Interchange F lyierehringe •.:.:•;.....:1::::.' c..c....,.....• Myr 1-...,----g1 - onh Trail Lo "- ...„...:?........0.... • ' Das. Connector 4.......:iar 4t• i , Fi,....,, . ---.... ,,,, . . itr. r rij., j •-,-..-- ,J1•5c.i. ... ,,, 4 . . ' ' '. I . -- (4.61 Wi1nnt:lin 1 •••4 P9 - Vail Triul. . En...; Co3TrieX'skoT 1 •-- --..-3-::. . — -.':'-• I c — , • — 1,' --.. ,_ t._.4 Z •!-i'.-..7:-.. - K.1.-. -:....-. •-•r• I, - .: ... ••••_ 4i.- fritt-rEnnMailq t --1" 7 ...' --=–•--- ---.--.' tO ........,___. _., V..---•--•, \•..,Z--' • -- \...--7. .....___./ 111- MatIrrrliunk --'--------- i ../ ria Tuil. Extensicul. No TEA] LS. AMA Interrnotatiain /No TEAKS ARE/ 13 - Intrecnoun1 WaLeLrtnkTfail • I!. Pia - Two Elk .1,- ConneeLat . '• CONCEPTUAL TRAILS PLAN 2017 Open Lands Plan - Update Existing Trails Ideas and Suggestions Ncw. Paved Paths * Potential Children's Bike Facilities Chapter Traj2 Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir tall August 7, 2018 - Page 135 of 358041014))RALIN Youth facilities Trail maintenance Chapter 4 Trails Other Considerations TM • Paved trails • • • Accessible trails Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! August 7, 2018 - Page 136 of 3580141.14). Chapter 4 Trails Next Steps If/when Town Council initiates: • Environmental Analysis • Trails Plan • USFS Process • Collaborations Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l August 7, 2018 - Page 137 of 358+))'L1 Chapter 4 Trails Action Items interchange Intermountain Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! August 7, 2018 - Page 138 of 358+))'L1 Chapter 4 Trails Action Items Wojal-i0 11.11.111111111°11111114M vro°114°11-41141. *Ora& •m '.=m0110311164.1* A WIVES" 1 Orfa I PrAidi m40110•41. Amon% om Amita s lliffite ,aral Willailt #11 #12 Main Vail lnterch r— #14 Lionshead Parking Structure #1 ti i 11; Vow iNrr�r: io, ILA obi 4.1 ir rid #15 0 #16 Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal August 7, 2018 - Page 139 of 3580141.14). Chapter 4 Trails Implementation Steps • Wildlife enhancements • USFS trails and trailheads • Vail Resorts/Mountain trails • Education and outreach • Action Items Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l August 7, 2018 - Page 140 of 358+))'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 August 7, 2018 - Page 141 of 358+))'1 Key Elements of Update Town Council Comments/Questions Public Comment Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l August 7, 2018 - Page 142 of 35801141.14RALI Next Steps Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal August 7, 2018 - Page 143 of 35801141.14RALI OLPU Changes Sought for Trails Meeting Mayor Dave Chapin stated in a very cordial July 4th Opinion piece for the Vail Daily that in Vail "...our natural environment is our greatest asset." In this welcome to Vail's holiday visitors he also cited Vail "as a globally certified sustainable destination." Indeed, according to the Green Destinations website, two of the 6 Standards for certification deal with a community's treatment of Nature, Environment, and Wildlife. These state, for instance, that "Tourism is respectful to nature and wildlife and supportive to its protection." Are we truly living up to that standard with our continuing embrace of 12 mo./24 hr. recreational activities at the expense of wildlife's need for habitat and peace? Following the very dire report of human impacts on Wildlife in the Gore Valley at the Town -sponsored Wildlife Forum, moderator Rob Levine asked the biologists present, what would be "The Last Straw" for these iconic species. The question was met with pessimistic recognition that unless we were willing to limit our human desires for recreation and development and preserve some of our remaining natural areas for them, there was little hope for their continued existence here. Have we already gone too far in our harm to wildlife? On June 17t"the Vail Daily reported from CPW that the Eagle County elk population has declined 50% in the last 10 years, thus underlining the trade-off between our desires and the survival needs of wildlife herds here. There followed confirmation of the first nest failure of the East Vail Peregrine Falcon pair since observations began in 2010, further delineating the choice for us humans between their needs and our wishes. Still pending is the threat to the last native Bighorn Sheep herd posed by VR's proposed workforce housing project on its parcel at Exit 180, in the herd's critical winter and lambing range. When the survival of such dwindling numbers is at stake, how can we talk of balancing our desire for new trails with the welfare of "wildlife and other environmental considerations" as do the April edits on page 40 in the current OLPU to text on page 38 in the prior edition? Also, on page 30, new edits state that "new trails not have significant impacts on the natural environment and wildlife" replacing the stronger language that any "new trail not have adverse impacts on the natural environment and wildlife." Obviously, we are way beyond "significant" already in our impacts. I urge in both cases, that the new edits on p.30 & 40 be scrapped in favor of the clear language of the previous update. Who wants to be the source of The Last Straw to valley wildlife? Realistically could this also be the Last Straw for our Sustainable Destination aspirations as well? Summation of edits sought: P. 30 replace "new trails not have significant impacts..." with "any new trail not have adverse impacts..." p.40 delete the entire passage on balance starting "Ultimately the Town Council..." and ending with "implemented to mitigate them." It appears only in this latest version of the OLPU, is contrary to the tenants of sustainability, and can lead to development harmful to the environment and wildlife. Anne Esson August 7, 2018 - Page 144 of 3. From: Tammy Nagel To: Chris Neubecker; Kristen Bertualia Cc: Patty McKenny Subject: FW: comment on Open Lands Plan Date: Wednesday, August 1, 2018 1:43:03 PM Attachments: image001.png Tammy Nagel Deputy Town Clerk Town Clerk's Office TE VN DF VAIL. 970.479.2460 970.479.2157 fax vailgov.com GREAT PLACE O WOR K CERTIFIED .ter OSA 0 From: Don Shefchik [mailto:donny@paragonguides.com] Sent: Sunday, July 29, 2018 7:27 AM To: Council Dist List Subject: comment on Open Lands Plan To Who it May Concern, I am contacting the Vail Town Council to express my concern with the Vail Trail Extension that is included in the proposed Open Lands Plan. This additional trail is not necessary and may well lead to more fragmented habitat for wildlife. All indications are that the declining elk population is directly related to our continued intrusion into wildlife habitat and migration corridors. The Vail Valley continues to promote it's "sustainability" ethics yet here we are on the brink of serious wildlife decline. It is time for our community to step back and consider wildlife impacts over further development. The Vail Trail Extension is not necessary and I ask that it is removed from the proposed Open Lands Plan. Donny Shefchik August 7, 2018 - Page 145 of 3E From: Tammy Nagel To: Kristen Bertuglia; Chris Neubecker Cc: Patty McKenny Subject: FW: Delete Vail Trail Extension from expanded trails list Date: Wednesday, August 1, 2018 1:42:28 PM Attachments: imaae001.onq Tammy Nagel Deputy Town Clerk Town Clerk's Office TE VN DF VAIL. 970.479.2460 970.479.2157 fax vailgov.com GREAT PLACE O WOR K CERTIFIED .ter OSA 0 From: pamelas [mailto:pamelas@vail.net] Sent: Friday, July 27, 2018 6:57 PM To: Council Dist List Subject: Delete Vail Trail Extension from expanded trails list Dear Mayor Chapin and Vail Town Council Members: I am requesting that what is known as "Vail Trail Extension" be permanently deleted from the Open Lands Plan Update trails expansion list. This peaceful path should not be expanded for a variety of reasons. First and foremost, research and study show that this area is important to wildlife habitat. We should keep in mind that bicyclists and high -traffic recreation users can make many choices about where to ride and recreate; wildlife does not have the option to chose other habitat. If citizens and the Town of Vail are going to do more than pay casual lip service to preserving the environment for humans and wildlife, we need to take positive measures to that end and not be driven by commercialism or the desires of the cycling community. Next, there is already a parallel path that provides access between the Golden Peak area and the golf course; expanding Vail Trail is redundant in addition to being harmful to habitat. Currently, for the most part, Vail Trail is a quiet, peaceful place to walk and enjoy the August 7, 2018 - Page 146 of 3E wonders of our delicate ecosystem. If the trail is expanded to accommodate higher volume and cyclists, that peaceful experience will be completely destroyed and can never be restored. I have participated in a number of sessions on Open Lands and comments seem to overwhelmingly support keeping Vail Trail small and pedestrian oriented. I'm surprised that those presenting this issue have failed to recognize the importance of preserving just one small trail from overuse and overpopulation. Every trail does not need to accommodate all users, it is prudent to make an effort to separate walkers/joggers and cyclists in some cases. I have recently been forced off the East Vail recreation path several times by cyclists who either exceeded their ability level or were completely unaware of trail etiquette. Retaining a few treks for pedestrians only is important. There are numerous other trails that can be explored to expand cyclist access and higher volume use. Please do not ignore science and the recommendations of Colorado Parks & Wildlife as to the harm expanding this trail will cause. I urge you to permanently protect Vail Trail. Regards, Pamela Stenmark Resident of Vail for 40 years Former business owner in TOV ramela 5tenmark pamelas@vai.net (c) 970-576-112+ August 7, 2018 - Page 147 of 3E From: Tammy Nagel To: Chris Neubecker; Kristen Bertuglia Cc: Patty McKenny Subject: FW: Eliminate Vail Trail Extension Date: Wednesday, August 1, 2018 1:42:48 PM Attachments: imaae001.onq Tammy Nagel Deputy Town Clerk Town Clerk's Office TE VN DF VAIL. 970.479.2460 970.479.2157 fax vailgov.com GREAT PLACE O WOR K CERTIFIED 00070,6.waaur OD From: jacci mckenna [mailto:xotic6l@yahoo.com] Sent: Saturday, July 28, 2018 10:44 AM To: Council Dist List Subject: Eliminate Vail Trail Extension Dear Vail Town Council Members, Irm writing to respectfully request your support to eliminate the proposed Vail Trail extension from the Open Lands Plan. We have been made aware of the significant wildlife impacts already occurring (50% decline in elk population over the past 10 years among others) and it is our moral responsibility to mitigate further impacts moving forward. One of the draws for Vail and Eagle County is our wildlife, and constructing a redundant trail that contributes to wildlife habitat fragmentation is not warranted. A vote to remove the Vail Trail extension is a vote for our values, a sustainable future for our community including the wildlife that co -exist here. From a financial standpoint - imagine Vail without wildlife - how would that impact tourism and associated revenues? I was disappointed the council voted against protecting the one remaining bighorn sheep herd, I would also ask you re -consider that decision as well. Affordable housing is important for Vail Resorts and our community as a whole, it doesn't have to come at the expense of wildlife though. Alternatives are available. Your support in mitigating wildlife impacts is very much appreciated and will result in a sustainable future for our community, our children and our wildlife. August 7, 2018 - Page 148 of 3E Thank you, Jacci McKenna Be the Change You Want to See in the World, Mahatma Gandhi August 7, 2018 - Page 149 of 3E From: Tammy Nagel To: Chris Neubecker; Kristen Bertuglia Cc: Patty McKenny; Grecig Barrie Subject: FW: Katsos/ Vail Trail Mountain Bike Trail Extension Date: Wednesday, August 1, 2018 3:36:36 PM Attachments: imaae001.onq Tammy Nagel Deputy Town Clerk Town Clerk's Office TOWi OF VAIL' 970.479.2460 970.479.2157 fax vailgov.com GREAT PLACETO WORK', CERTIFIEcp dcwa • NC7.I 0 0 From: Christie Hochtl[mailto:chochtl@mountainmax.net] Sent: Wednesday, August 1, 2018 3:36 PM To: Council Dist List Subject: FW: Katsos/ Vail Trail Mountain Bike Trail Extension From: Christie Hochtl [mailto:chochtl@mountainmax.net] Sent: Wednesday, August 01, 2018 2:54 PM To: 'Karl Hochtl' <khoechtl@yahoo.com> Subject: Katsos/ Vail Trail Mountain Bike Trail Extension Members of the Vail Town Council, We are unable to attend the meeting Tuesday August 7 but would like to have our voices heard. Please remove the Katsos Ranch/ Vail Trail Mountain Bike Extension from the Open Lands Plan trail recommendation. Reason number one is to protect and preserve as much wildlife habitat as possible. Living in the August 7, 2018 - Page 150 of 3� valley all of our adult lives we have witnessed the precipitous drop in our deer and elk populations. We remember the huge numbers of deer and elk in this area and have not seen large herds for many years. We did attend the Wildlife Forum in January and understand loss of habitat and human disturbance as prime reasons for the decline in our elk and deer populations. Please keep this habitat undisturbed. Reason number two is we do not need another mountain bike trail. We feel the number of mountain bikers has declined in this area. We hike the valley trails frequently and have noticed a big drop in riders. We used to see countless riders using the North Trail, the Son of Middle Creek Trail, and the Piney Road to access these and other trails. This morning we did not see anyone on a bike and only encountered one runner. Our current trails and recreational facilities could use the dollars which would have been spent on the new trail for upgrades and maintenance. Mountain bikers, especially younger riders are using the trails on the ski area and Avon Preserve. Reason number three is that it close to an existing path and therefore not necessary. Building the trail would be very disruptive to the environment and wildlife habitat and very costly due to the terrain. Reason number four is we need to focus on more important issues like affordable housing! Please vote to remove the Katsos/ Vail Trail Mountain Bike Trail Extension from the Open Lands Plan. Respectfully, Christie and Karl Hochtl Vail residents since 1965 and 1972 890 Red Sandstone Circle Vail, CO 81657 August 7, 2018 - Page 151 of 3E From: Tammy Nagel To: Kristen Bertuglia; Chris Neubecker Cc: Patty McKenny Subject: FW: Removal of Vail Trail Extension from OLPU Date: Wednesday, August 1, 2018 1:42:38 PM Attachments: imaae001.onq Tammy Nagel Deputy Town Clerk Town Clerk's Office TOWi OF VAIL' 970.479.2460 970.479.2157 fax vailgov.com GREAT PLACETD WORK) CERTIFIER dcwK.NC Ir 0 0 From: Arthur Reimers [mailto:areimers@rhip.com] Sent: Saturday, July 28, 2018 7:56 AM To: Council Dist List Subject: Removal of Vail Trail Extension from OLPU Dear Council Members My wife Lindsay and 1 are homeowners on Booth Creek Drive which is adjacent to the recreation path and the area subject to the Vail Trail Extension. I am not able to attend the meeting next week but wanted to be sure to give you my feedback on the plan being considered. All of the considerations I will go through are well known to the Council, so the major purpose to to make sure you feel the depth and breadth of the concern about the plan. Unless people are following town planning closely they might not even know what is being considered. This does not mean lack of concern about the plan. Please don't mistake that. I recommend you actually reach out to people for comment to understand the important of preserving our habitats to people. As to my concerns, first and foremost, the trail will clearly negatively affect what is already a small wildlife habitat in the area. Wildlife is compatible with walkers, but August 7, 2018 - Page 152 of 3� incompatible with mountain bikes careering through the forested areas. It is just true this will push animals away from the area. So the question is whether this is what Vail desires, aspens without animals, or is our public policy to try and co -exist, which requires sacrifices. We have beaver dams on the creek in front of our property and we co -exits with the beavers which I am told is a town policy also. It just means we have to create space for all. Secondly, there are alternatives available. Vail mountain has an abundance of trails for bikers. This new area might be considered inappropriate as it is too small (short) to be satisfying, with hiking only sections on the eastern side. This will undoubtedly tempt bikers to create rogue trails, which they have already done along the creek. Watch on any given day the mountain bikes sending walkers scurrying off the trail by gore creek. The proposed trail would predictably have the unintended consequence of ribbons of dirts all through the now beautiful meadow. I don't think we want to spoil the meadows and I don't think we can ignore the risk. Third, at what point does the safety of users come into play. We have walkers, mothers with strollers, bikers, now segways and e -bikes. Mountain bikers wear the body amour for a reason, they like to travel at speeds that require the protection. This mix of use is an accident waiting to happen. Yesterday I saw what I assume were a ski club practicing their nordic skiing on the bike path. They move along quite quickly, and a mountain bike coming out of the woods onto the path could have dire consequences. Saying that the bikes will stay on their rolling trail vs deciding to come straight down through the trees is turning ones back on a reality. Who will be accepting responsibity when someone is seriously injured? Finally, please take advice of the Colorado Wildlife professionals. This is not an experiment that can be turned back. Once soil is impacted, vegetation is uprooted, wildlife has moved, our beautiful area will reflect the permanent scars of too much, too fast, with too little thought. I would be happy to discuss personally if anyone on the council would like. Respectively submitted Art Arthur J Reimers 917 846-8338 Cell 203 625-9867 Office areimers@rhip.com The information contained in this electronic message, and any attachments to this message, are intended for the exclusive use of the addressee(s) and may contain confidential or privileged information. No representation is made on its accuracy or the completeness of the information contained in this electronic message. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this email and attachments, if any, is strictly prohibited. August 7, 2018 - Page 153 of 3� From: Tammy Nagel To: Kristen Bertuglia; Chris Neubecker Cc: Patty McKenny Subject: FW: Removal of Vail Trail Extension from OLPU Date: Wednesday, August 1, 2018 1:41:57 PM Attachments: ATT00001.txt ATT00002.txt ATT00003.txt ATT00004.txt For your records Tammy Nagel Deputy Town Clerk Town Clerk's Office 970.479.2460 970.479.2157 fax vailgov.com Original Message From: kirsty_hintz@comcast.net[mailto:kirsty_hintz@comcast.nct] Sent: Wednesday, July 25, 2018 7:32 PM To: Council Dist List Cc: AA Jurgen Cell Subject: Removal of Vail Trail Extension from OLPU Dear Council Members I am personally unable to attend the meeting next week but I want my voice to be heard on the subject of removing the VTE from the Open Lands Plan. Below you will find pictures of wildlife that were taken this year either in our street in Booth Creek Drive or in the case of the moose right by the Memorial Park where there is a wetland. I was on the bike path at the time. There is simply no need to impact the habitat of these creatures even further for the sake of yet another mountain bike trail. We already have a bike path right there. You have already done enough damage by allowing ebikes on this section with no oversight as to the speed these bikes travel or the way that they are ridden. (I am not saying that you are allowing all ebikes simply that you don't patrol whether the rules are either understood or adhered to.) What exactly is the pressing need to impact the vegetation and natural habitat further? You have threatened homeowners in our street with lawsuits for doing far less to the riverbank than digging a trail into the mountain. So you want the river to be healthy but not the other environs? Don't you think that is more than a little hypocritical? Vail claims to be an environmentally friendly town so why dont you act like it and remove this trail from the plan. I have seen no evidence that you have listened to the CPW which is outspoken against this trail due to the impact and stress on wildlife. There is enough already - why add more? The chewed up end of the East Vail path by CDOT I believe which you must have been aware of is an embarrassment to the town regardless of its longer term mission. Just how could you let that happen? You need to protect the environment not just the bank account otherwise all you will have is a bank account. On behalf of all the young moose, bears,deer, geese, beavers, toads, eagles, hawks etc out there who have no voice or money. Yours, in the hope you will do the right thing and remove the trail. August 7, 2018 - Page 154 of 3E Kirsty Hintz August 7, 2018 - Page 155 of 3. August 7, 2018 - Page 156 of 3E From: Tammy Nagel To: Chris Neubecker; Kristen Bertualia Cc: Patty McKenny Subject: FW: Removal of Vail Trail Extension from OLPU Date: Wednesday, August 1, 2018 1:43:39 PM Attachments: image001.png Tammy Nagel Deputy Town Clerk Town Clerk's Office TE VN DF VAIL. 970.479.2460 970.479.2157 fax vailgov.com GREAT PLACE O WOR K CERTIFIED .ter OSA 0 From: Lindsay Reimers [mailto:Ireimers@rhip.com] Sent: Monday, July 30, 2018 2:00 PM To: Council Dist List Subject: Removal of Vail Trail Extension from OLPU Dear Council Members, My husband Art and I have been home owners on Booth Creek Drive for 18+ years. We have happily and collaboratively coexisted with nature, neighbors and the town's conservation property along Gore Creek. We were disappointed to `learn' by hearsay, and not proper notification, of the Vail Trail Extension plan. We strongly recommend you vote against this plan. Below is a moose yearling walking along the creek in front of our house. Behind him are the remnants of this year's beaver dam. Pictures one hopes to snap in shared conservation lands. This time of year, the conservation path is heavily used by walkers, dog -walkers, bikers, and other recreational users. Since there already exists a multitude and variety of other on - mountain bike areas, why would you disfigure conservation land meadows and Aspen groves with single use mountain bike trails? Surely our fellow bikers don't need one more 'recreational area' so desperately that it drives way natural animal habitat, compounds overuse of a small, multi -use recreation area and mars this conservation area's history of physical beauty. Please keep this conservation area pristine, simple and safe. August 7, 2018 - Page 157 of 3E Regards, Lindsay Reimers August 7, 2018 - Page 158 of 3. From: Tammy Nagel To: Chris Neubecker; Kristen Bertuglia Cc: Patty McKenny Subject: FW: The Vail Trail Date: Thursday, August 2, 2018 8:26:09 AM Tammy Nagel Deputy Town Clerk Town Clerk's Office 970.479.2460 970.479.2157 fax vailgov.com Original Message From: Elyse Howard [mailto:elyse.howard@me.com] Sent: Wednesday, August 1, 2018 5:59 PM To: Council Dist List Subject: The Vail Trail Dear Council Members, While you are considering the Open Lands Plan Update, I wanted to voice my opinion in opposition of the Vail Trail Extension. I hope you will consider taking this very unique and special trail off the list of trail ideas. The Vail Trail is an important community asset not only for the wildlife habitat it provides but also because in its current state, it provides and alternative opportunity for people who can not access trails like Berry Picker due to their grade. Finally, since we already have quite a bit of bike and hiker traffic on Vail Mountain, would it be possible to create a new mixed use trail with a more mellow grade suitable to all ages and abilities there? Sincerely, Elyse Howard August 7, 2018 - Page 159 of 3E From: Mike Griffin To: Council Dist List Cc: Gregg Barrie; Chris Neubecker; Kristen Bertuglia Subject: FW: Vail Trail Date: Monday, July 30, 2018 1:09:08 PM From info@vailgov.com Original Message From: info@vailgov.com [mailto:infonn,vailgov.com] Sent: Monday, July 30, 2018 12:46 PM To: Info Subject: Vail Trail I am requesting that the Vail Town Council permanently remove the Vail Trail from the trail expansion plan. 1) There is an existing parallel trail that can serve the needs of cyclists and other high traffic users, which I as a cyclist, frequently use. I enjoy the peace, quiet and safety of using the Vail Trail for walking. Creating a trail for mountain bikers will erode the trail for hiking and add SPEED of cyclists creating unsafe conditions for hikers. 2) We know that our wildlife is threatened as we continue to converge on their territory. The trail expansion plan should have a mandate to preserve as much as possible their environment so we can continue to enjoy them in the future. Thanks for considering my thoughts. Barbara Keller, 2875 Manns Ranch Road, Unit G1, Vail Submitted By: Name:: Barbara Jean Keller Telephone:: 3039035334 Email:: B27Keller@aol.com Submitted From: https://www.vailgov.com/contact August 7, 2018 - Page 160 of 3E From: Tammy Nagel To: Kristen Bertuglia; Chris Neubecker Cc: Patty McKenny Subject: FW: Vail Trail Extension Date: Wednesday, August 1, 2018 1:43:15 PM Attachments: imaae001.onq Tammy Nagel Deputy Town Clerk Town Clerk's Office TOWi OF VAIL. 970.479.2460 970.479.2157 fax vailgov.com GREAT PLACETO WORK', CERTIFIEcp dcwa.wcawr 0 0 From: Betsy Wiegers [mailto:betsy@Wiegersco.com] Sent: Sunday, July 29, 2018 3:44 PM To: Council Dist List Subject: Vail Trail Extension Please delete the Vail Trail Extension from the Open Lands Plan update, Please remember that your voting public has voiced time and time again their concerns - the primary one being the loss of wildlife habitat. "Sustainability" pertains to wildlife, too. Betsy Wiegers August 7, 2018 - Page 161 of 3� From: Tammy Nagel To: Chris Neubecker; Kristen Bertuglia Cc: Patty McKenny Subject: FW: Vail Trail Extension Date: Wednesday, August 1, 2018 1:44:30 PM Tammy Nagel Deputy Town Clerk Town Clerk's Office 970.479.2460 970.479.2157 fax vailgov.com Original Message From: Robin Wagner[mailto:RobinEWagner@outlook.com] Sent: Tuesday, July 31, 2018 7:08 PM To: Council Dist List Cc: Robin Wagner; Jorge Carbo Subject: Vail Trail Extension Dear Town Council Members: As longtime Vail homeowners (29 years), we would like to weigh in on this important issue. We believe that the proposed Vail Trail Extension is unnecessary, redundant, and harmful to our wildlife populations. The recent wildlife forum gave us all some scary news about what is already happening to our beautiful wildlife. We believe that the time is now to take action, specifically to eliminate the Vail Trail Extension from the Open Lands Plan. Unfortunately we will be out of town on August 7th and unable to voice these opinions in person. Thank you for considering our inputs. Sincerely, Robin Wagner and Jorge Carbo 4899 Meadow Drive Sent from my iPad August 7, 2018 - Page 162 of 3E July 26, 2018 Dear Council Members, We are following up our comments/questions at the last Council meeting to clarify some things and to present you with our recommended modifications to the OLPU, as promised. How the process is working at this late stage is our biggest concern. The town staff's June 19, 2018 memo outlining the proposed Council's review of the draft in 3 distinct sessions (Environmentally Sensitive Lands, Town -owned Lands and Use of Lands, and Trails) specifically mentioned "refinements" you, as council members, may offer in each session. The memo states "at the conclusion of each of the 3 topical meetings, we have identified and agreed upon the refinements Council would like to see made to the plan. A wrap-up meeting would then be held to present a final draft of the plan that includes all of Council's refinements." These were further described as "all refinements discussed in meeting 3, 4 and 5." It is apparent this process has not taken place in meetings 2 and 3 (Environmentally Sensitive Lands and Town-owned/Use of Lands). However, we feel it would be more productive to incorporate these "refinement" steps into the upcoming Trails topic meeting on August 7th to more effectively keep the process moving. Your refinements at this meeting would be made clear to staff and the public at its conclusion. Following are our summation of edits sought to the draft OLPU: August 7, 2018 - Page 163 of 3. 1. Move the Vail Trail Extension from the list of Trail Ideas and Opportunities (p. 38) and the related Summary (p. 35) to the list of Trails Dropped from Consideration. Reasoning: Numerous and recurring comments/recommendations from CPW and wildlife biologists at the wildlife forum. Parallel trail is unnecessary and redundant. TOV sustainable destination recognition—criteria regarding wildlife. 2. Add a heading "No Further Fragmenting of Habitat" to the Mitigating Measures (p.34) Under that new heading add language " CPW and other panelists at the Wildlife Forum stated that eliminating further habitat fragmentation within the town's purview is one of the few things that can be done to benefit wildlife. The study of potential new trails should emphasize the importance of preserving existing habitat, as well as enhancing it mentioned above." Reasoning: Preserving habitat is as important, if not more, than enhancing habitat. 3. Add similar language regarding Eliminating Habitat Fragmentation under Summary of Recommended Implementation Steps (p.56) under the Trails section. 4. Add "Eliminating Further Habitat Fragmentation" to the list of Wildlife Enhancements (p. 54). 5. Replace the word "significant" in the first paragraph (p.3o) with "adverse". Reasoning: "adverse" was used in original drafts under Wildlife and the Gore Valley and is more consistent with similar use of "adversely" (p.34) and "adverse" (p.35). August 7, 2018 - Page 164 of 3. 6. Move Exhibit 6 (Trails Plan) from the Appendix and use it to replace the Concept Plan (p.24). Reasoning: Both are from the '94 plan but Trails Nan is more descriptive by inclusion of a Legend. Staff indicated they are OK with either but did not make the change. 7. Create a separate heading "Wildlife Forum" on p. 3o after the 2nd paragraph under Wildlife and the Gore Valley. Add the following language at the end of the 3rd paragraph ending in " mitigating impacts on wildlife" : "The conclusions from the panelists were unanimous and sobering. Evidence of these conclusions can be found in the Summary Notes in the Appendix." 8. Add a "Summary Notes from the Wildlife Forum" to the Appendix. Reasoning: Wildlife concerns should be on a parallel with trail ideas. This draft has pages of minutes from Trail Scoping Sessions in the Appendix. The wildlife forum was a pivotal point in the realization that recreation ecology is now a mainstream issue. 9. Add a colored side bar (similar to p.25 perspectives on trails) to include a sampling of comments from the 4 wildlife biologists who participated in the Wildlife Forum: "In reality it is a challenge to have increased recreation, especially in a place as popular as the Vail Valley...and maintain wildlife habitat, especially when these animals have already been impacted to a certain degree." Kelly Colfer, Western Bionomics LLC August 7, 2018 - Page 165 of 3. "We need to protect the few remaining blocks within the Town of Vail's purview of habitat that are available. And, we need to stop fragmenting." "Maybe we cannot recreate everywhere we want to." Bill Andree, Colorado Parks and Wildlife Question: What is the last straw for wildlife? Answer: *1 "habitat loss is at the forefront." # 2 "Reduced habitat effectiveness caused by recreation." #3 "Blocked corridors." Rick Thompson, Western Ecosystems, Inc. "The United States Forest Service set up a camera on the North Trail to observe trail closure violations during calving season. There were over 200 violations in a io-day period." Jen Austin, USFS 10. Replace existing language in the last sentence of the last paragraph under Trails in the 2nd page of the Executive Summary to read "...environmental considerations by minimizing, mitigating or eliminating potential impacts from trails." Reasoning: Offer all options to decision makers today and in the future. 11. Eliminate the words "and while some conclusions can be drawn from opinions provided by those who participate in a planning process, the opinions of those who do not August 7, 2018 - Page 166 of 3. participate are not heard" on page 4 under Community Involvement. Reasoning: Obvious. If you don't express your opinion or be involved in the process how do you expect to be heard? Why is this language even in the draft? 12. Replace existing language in the next to the last paragraph under Managing Lands for Biodiversity on p. 22 with ".... are limited, appropriately mitigated or eliminated." Reasoning: Offer all options to decision makers today and in the future. We appreciate the opportunity to submit these revisions and look forward to further interaction and constructive dialogue during this process. Tom and Blondie Vucich Vail August 7, 2018 - Page 167 of 3. From: Karl Hoechtl III To: Council Dist List Subject: Katsos Vail trail MTB extension Date: Wednesday, August 1, 2018 1:27:12 PM Dear Council members, Greetings and Happy Summer, As you are debating the Katsos Vail Trail Mountain Bike trail extension to East Vail here are some reasons to rethink or not support the trail. While recreation is the staple industry for the valley, we must weigh the cost/ benefit of the trail from many angles. The trail obviously would be a nice addition to the community, but is it necessary? My thoughts are no. The trail cuts across some very important undisturbed habitat for deer, elk, song birds and a variety of other creatures. As the 2018 Wildlife Report by Bill Andree states, the elk population in the Vail Valley has declined significantly in the past decade. As the first Sustainable Mountain resort in the World, I think it goes against the premises that this moniker suggests to cut a new trail into designated wildlife habitat. We have a massive amount of trails and recreating opportunities in the Valley already, lets preserve habitat and make what we have better. You also need to consider if the trail is necessary. There is already a serviceable bike path from East Vail to Vail. The cost of the trail in very rugged terrain will certainly be expensive. Many of the trails in the Vail area are actually not maintained that well, why not demonstrate that we can take care of these trails first before adding a new trail that will need maintenance. (OR Put the money towards more employee housing before its too late and no one can live here to even enjoy the current bike path we have). The future of mountain biking is changing. Most bikes sold now are of the 27.5 variety that come under the label "enduro." This is a more downhill focused mountain biking. In other words the cross country enthusiasts that would utilize this trail ( and others around Vail) are becoming less in number and those that focus on the "flow or manufactured" trails found on Vail Mountain proper or the Avon preserve are becoming a much greater part of the mountain biking demographic. So please consider voting "No" for the trail on the account of the elk, cost, and future mtb use patterns. Thank you for your time, Karl Hochtl (age 42) Vail business owner- avid mountain biker, hunter, skier Vail born and raised - moved to Eagle Vail to find slightly less expensive housing. August 7, 2018 - Page 168 of 3� July 24, 2018 To: Vail Town Council From: Paul Rondeau Subject: Meeting & Exceeding Expectations re 2018 Open Lands Plan PREAMBLE: Our mayor has stated that sometimes input from the public includes that one item, that nobody had thought of earlier, that is a game -changer. As the "champion of lost causes", I will keep trying. EXPECTATIONS: Coming into the current review of the Open Lands plan, I had certain primary and ancillary expectations --three in number: (1) YOU NEED TO CONSIDER MAINTENANCE: [] Open lands should not mean just leave it to nature --considering nature has been mucked with, such as imported noxious weeds. Further, certain enhancements/replacements are in order. Example: replace trees taken down on the Upper Bench for the helicopter log deposit operation. Example: the Middle bench is just one open piece and we find wildlife tends to skirt the edges rather than go out in the open --hence some trees would help make it more of a natural setting. (2) WHAT'S FOREVER FOR: [] The Upper and Middle Donovan benches are really one property, bisected by a little -used portion of Matterhorn Circle --noting it was not paved until relatively recently. Lets now make the Middle Bench Designated Open Space (DOS for those in the "know") as it should have been for August 7, 2018 - Page 169 of 3E some years. [] Look at the combined Middle and Upper Bench as a touted example of Sustainability. How about closing it off (seasonally) at both ends, with parking/turnaround for a few cars at each end --noting this effectively happened last summer/fall with the timber collection operation? (3) ITS ALL ABOUT GOOD PROCESSES: [] Let the process run its corse and don't remove certain properties now. As to the property in East Vail, they could help us by explaining what they have had to do to be good custodians of their property. [] I feel the ultimate decisions re actions items really should be done at a facilitated work session --complete with flip charts, etc.. If you do it in the horseshoe evening session too much "Kentucky windage" comes into play. August 7, 2018 - Page 170 of 3E MEMORANDUM To: Vail Town Council From: Vail Local Housing Authority Date: August 7, 2018 Re: Open Lands Plan Position Statement The purpose of this memorandum is to forward the position statement of the Vail Local Housing Authority with regard to the proposed 2018 Town of Vail Comprehensive Open Lands Plan Update. It is understood that the Town of Vail Planning & Environmental Commission has forwarded a recommendation of approval of the Plan and that the Vail Town Council is now actively reviewing the Plan for future adoption. It is further understood that the Plan, at the direction of the Town Council, is more than an open space preservation plan. The Plan is intended to address a wide range of future opportunities, including residential development for resident occupied, deed -restricted housing for local residents and families. Outlined below is the position statement of the Vail Local Housing Authority on the 2018 Town of Vail Comprehensive Open Lands Plan Update: Open Lands Open lands play a critical role in determining future land use patterns, the physical built environment within the Town of Vail, and environmental protection and sustainability. The existing and potential uses of open lands vary widely across the Town. For example, some open land areas are set aside to preserve and protect natural or environmentally sensitive areas such as the Gore Creek riparian corridor or steeply sloping lands determined unsuitable for development. Other open land areas are designated for park land and recreational opportunities such as Gerald R. Ford Park or any one of Vail's many neighborhood parks or the Vail Golf Course. Still other open land areas are vacant, undeveloped platted lots which could be zoned for development, but not yet constructed upon, such as the Vail Resort's East Vail Parcel. A potential use of open lands, especially those which are platted, zoned and not yet developed, is to provide sites for development of town -owned facilities or community uses determined necessary to realize the overall success and sustainability of the Town of Vail. Examples include a new town hall or resident occupied, deed -restricted homes for year-round residents and families. In an ongoing effort to ensure adequate sites exist for locating deed -restricted homes for year-round residents the Vail Local Housing Authority recommends the following: • Plan Action Step - Complete an existing and potential land use inventory and analysis to proactively identify sites for future deed -restricted homes. August 7, 2018 - Page 171 of 3. • Ensure that potential sites for future deed -restricted homes are an element and consideration within the 2018 Town of Vail Comprehensive Open Lands Plan Update. • Acknowledge within the Plan that deed -restricted homes are critical public infrastructure in a resort community no less important than other public facilities like roads, bridges, utilities, and new town halls. • Ensure the 2018 Open Lands Plan proactively supports and advances the citizens' interest in addressing the #1 critical issue facing the community — the lack of availability and affordability of homes for year-round residents. • Ensure thoughtful consideration is given to the intended, and more importantly, unintended consequences when setting aside potentially developable open lands for open space preservation and protection that overly restricts or otherwise precludes future actions or needs of the community. August 7, 2018 - Page 172 of 3. VAIL HOMEOWNERS ASSOCIATION, INC. President - Gail Ellis Secretary - Judith Berkowitz Treasurer - Andres Nevares Executive Director - Jim Lamont Directors: Michael Galvin - John Lohre - Trygve Myhren - Larry Stewart - Doug Tansill To: Town of Vail Mayor and Town Council From: Vail Homeowners Association, Board of Directors Date: August 2, 2018 RE: Rezoning of portions of Tract E and Lot D-1 Covenant Protected Publicly Accessible Open Space Lands The Vail Homeowners Association urges the Vail Town Council to deny a proposed rezoning of two parcels (portions of Tract E and Lot D-1) of covenant protected publicly accessible open space lands recently acquired through a claim of adverse possession by VailPoint LLC. We oppose this rezoning both as a matter of principle and legality. Since its inception, the Vail Homeowners Association has advocated for the protection of lands designated as covenant protected open space. It has done so through its advocacy to public officials, private property owners and by legal action in the courts. The land in question has been covenant protected open space since the earliest days of Vail. Specifically the land: shall be used ...at all times as a vacant and undisturbed open area in its natural condition. Notwithstanding the protected status of this property, in the late 1960's or thereabouts, the then mayor of Vail, Ted Kindel, erected a fence surrounding his property at 366 Hanson Ranch Road. The fence went beyond his property lines and included portions of two parcels of open space land (portions of Tract E & Lot D-1). At that time, and up until recently, that land was owned by Vail Resorts. VR took no action to have the fence removed, and it remained in place for years. The TOV, for its part, zoned all of Tract E & Lot D-1, which included the fenced in portion of those parcels, as Agriculture and Open Space which essentially precluded any development and maintained the parcels as open space. Kindel wanted to purchase the encroached upon covenant protected open space lands and, also, have the TOV rezone the encroached upon covenant protected open space land to the same commercial zoning (Public Accommodations) that existed on his property. Town authorities demurred because Kindel's proposal could have potentially created a precedent whereby other property owners could mimic the encroachment behavior in other similar situations, thereby eroding the purpose and function of covenant protected publicly accessible open space lands. The authorities also took the position, to remove the incentive to obtain a financial gain via an encroachment, that should a claim of adverse possession prevail in the courts, it would not sanction a rezoning of covenant protected open space lands to a higher density zoning category. More recently, the current owner of the property in question, VailPoint LLC., brought suit to claim ownership of those portions of the covenant protected open space lands within the fence by virtue of adverse possession. According to the prospectus for its proposed development, VailPoint wants to use the additional property "to accommodate a slightly larger footprint", which means a large site coverage/setback allowances. The court awarded those two portions to VailPoint LLC., so that it now owns the land within the fence, and it now seeks to have the property rezoned as Public Accommodations ("lodges and residential accommodations") which would destroy its open space status. August 7, 2018 - Page 173 of 3E As a matter of principle, this rezoning should not be allowed. Vail is blessed with generous open spaces which are a vital part of its unique character, especially so in the case of these parcels which lie at the heart of the community. It is no accident that Vail's open spaces exist. It was part of the original vision for the community, one that was protected by restrictive covenants that pre -dated the formation of the Town. That vision also informed the original zoning when the Town was formed in 1966. VailPoint acquired the property in question with full knowledge of the open space covenants on the fenced -in area. In the past few years, the TOV has adopted a "zero tolerance" toward property owners who have encroached upon covenant protected publicly accessible open space lands which it received from Vail Resorts and now owns. It would seem that the same "zero tolerance" should, also, apply to the rezoning of privately owned publicly accessible covenant protected open space lands as it does to Town owned publicly accessible covenant protected open space lands. The Town Council should make it clear, as it considers this rezoning application, that this property is to be fully and completely maintained as open space. Rezoning this land as Public Accommodations is also illegal. Covenants run with the land and cannot be rezoned away. The Town Council should not be misled by representations that the covenants will still apply. The property is only open space if it is publicly accessible, and Public Accommodations zoning is inherently inconsistent with public accessible open space land, especially if the land is fenced or landscaped so as to exclude the public. Rezoning this property to Public Accommodations, therefore, would make the TOV party to violating the covenants that apply to this land. In 2017, VailPoint submitted to the Town a proposal that included a proposition that it purchase from Vail Resorts additional publicly accessible covenant protected open space. Such actions required the prior consent of both property owners, VailPoint and Vail Resorts. VailPoint, in its application to the Town, submitted a landscape design that would have effectively limited public accessibility to that portion of the covenant protected publicly accessible land. The proposition would have created a precedent that would allow other portions of covenant protected open lands to be similarly sold to 3rd parties. The Vail Town Council considered and rejected the proposal. Thank you for your consideration. Sincerely, Gail Ellis, President Vail Homeowners Association Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 E-mail: vha@vail.net Web Site: www.vailhomeowners.com 2 of 2 August 7, 2018 - Page 174 of 3E VAIL HOMEOWNERS ASSOCIATION, INC. President - Gail Ellis Secretary - Judith Berkowitz Treasurer - Andres Nevares Executive Director - Jim Lamont Directors: Michael Galvin - John Lohre - Trygve Myhren - Larry Stewart - Doug Tansill To: Town of Vail Mayor and Town Council From: Vail Homeowners Association, Board of Directors Date: August 2, 2018 RE: Vail Trail Expansions on Town of Vail Owned Katsos Ranch Open Space Lands. In the mid -1970's, the Town of Vail acquired a large portion of the Katsos Ranch property, south of Interstate 70, for the purpose of establishing a publicly accessible wildlife and open space nature preserve. It was the intent of the Town of Vail to demonstrate its intention to maintain a harmonious relationship with the exceptional natural environment it shares. The site was acquired to prevent development in an area known to contain verdant habitat for the abundance of migratory and sedentary wildlife that inhabited the area on either side of Interstate 70. As well, newly applied zoning densities on the surrounding area, all of which had been recently annexed in the Town of Vail, were kept to the minimal residential uses. Based on independent analysis, by a collaborative team of qualified interdisciplinary public and private professionals, a paved public path was constructed through the site. The chosen alignment for the path was in a location that was determined to be the least disruptive to the wildlife that was known to inhabit the area. The design criteria establishing the alignment was intended to minimize human dispersion throughout the entire parcel and to concentrate human activity along minimally intrusive access corridors crossing the site. The path was built so that it was located to follow the natural contour of the land, to minimize scarring from construction and built on open terrain well removed and highly visible to wildlife sheltering in the nearby pristine forest, cliffs and waterways. The Vail Homeowners, since its inception, has advocated for the preservation of the Vail community's natural assets and works diligently to preserve the character of the publicly accessible open spaces set aside for those purposes. We have closely followed the Town's deliberation of the proposed amendments to its Open Lands Plan. We note, with concern, the precipitous decline in certain wildlife populations due to urbanization as reported by State Wildlife Officials. We observe and question whether there is sufficient and detailed independent analysis to verify a proposed additional separate trail for mountain bikes that would be consistent with the intent, purpose and functioning of the Katsos Ranch open space property. The proposed location of the mountain bike path intrudes through the heart of the forested wildlife shelter zone. In places it traverses old growth Aspen groves, which are a rarity on the floor of the Gore Valley. The rugged terrain of the area, which would be disrupted by the construction of the path, could well leave an unsightly scar on the near pristine natural landscape, one of the most scenic and beautiful views in the community. In addition, any form of competitive mountain biking on such a trail would only further disrupt wildlife. For these reasons, it is requested that the route of the proposed extensions of the Vail Trail through the Katsos Ranch open space be removed from the Open Lands Plan trail recommendations. We recognize and applaud the Town's effort, during the Cleveland administration, to respond to the increasing demand for recreational bicycling by expanding the aprons along the Frontage Roads, particularly from Ford Park towards East Vail. These aprons can now serve as a means of diverting all forms of bike traffic around environmentally sensitive open space lands and congested areas of the community. Further, we applaud the August 7, 2018 - Page 175 of 3E creation of an extensive mountain bike trail network on Vail Mountain and urge that the focus of mountain biking remain there. The necessity to receive a promotional accolade as a stellar community for biking should be balanced with a higher need to preserve the natural assets and beauty that is one of the important bedrock principles upon which the success of the Vail community's harmonious sustainability depends. Thank you for your consideration. Sincerely, Gail Ellis, President Vail Homeowners Association Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 E-mail: vha(avail.net Web Site: www.vailhomeowners.com 2 of 2 August 7, 2018 - Page 176 of 3E August 1, 2018 Vail Town Council Members: Attached you will find additional material for inclusion in your packets for the upcoming Council meeting August 7, 2018. We would like you to consider the content of each item as you prepare to make important decisions for our community regarding the Open Lands Plan Update. The items included here are: 1. Our notes from the February '18 meeting with town staff, one councilperson, 2 representatives from Colorado Parks and Wildlife, Tom Braun and ourselves. This meeting lasted nearly 3 hours and our understanding is that its purpose was to gain insight and input from CPW relating to the update of the OLP. This meeting followed closely after the Wildlife Forum sponsored by TOV and the Vail Symposium in January. We've included email correspondence to staff regarding these notes as well as staffs response stating there were no notes taken. In one of the PEC meetings dealing with the OLPU we stated that we would like these notes to be included in the Appendix just like the pages of minutes from the Trail Scoping Sessions were. Both PEC and staff declined this request. Most important for you, however, is to read and consider the comments made by the 2 CPW wildlife professionals. Otherwise, it's not clear in our minds why this meeting was even held if the town wasn't going to seriously consider the input. 2. A copy of a June '18 Valley Voices column in the Vail Daily depicting the point of view of hunters and other sportsmen regarding wildlife habitat and their concerns. It's the same concern echoed by the professional panelists at the Wildlife Forum— protect and improve habitat. 3. A copy of Outside magazine's article The New Golden Rule of Playing Outside: Place First. An interesting position by a recreation -prone publication—if you read it before maybe do it again to refresh your memory. If you haven't yet, please do before you consider decisions about our future. 4. A copy of the recent Vail Homeowners Association report about the Katsos Ranch parcel and proposed parallel trail currently in the draft OLPU. It gives a unique perspective from individuals who were involved in the original recreation trail issue back in the 1970's—a perspective we think is important to keep in mind as decisions are made today. Thank you. Tom and Blondie Vucich August 7, 2018 - Page 177 of 3E Tom Vucich From: Tom Vucich Sent: Monday, February 26, 2018 5:10 PM To: 'kbertuglia@vailgov.com' Subject: Notes Attachments: wi ldl ife Mtg 2' 18.d ocx Hi Kristin—attached are my notes from last week's meeting. You know Craig and Bill have copies—I'll let you know if I hear back from them with corrections, additions, etc. but they seemed fine with them. Curious as to what you will do with these (and your) notes from the meeting. Who will they be shared with? Happy to contribute and thanks for including us. Tom 1 August 7, 2018 - Page 178 of 3E v eventually be removed, but until furt -r studies are completed it is premature to remove this trail idea from the Plan. • Minutes from the Wildlife Forum -- T viewing on the Town of Vail website e f 11 Wildlife Forum video is available for • t s s://www.vail • ov.com/o • enlandsu +date Staff does not believe it is warranted to also have minutes or a transcript of the forum when the forum itself is available for public viewing. Minutes from meetings with the Town's consultant — Staff does not create minutes from every meeting with consultants, and we do not have minutes from these suggested meetings. To do so would create an unreasonable expectation and would divert sWrresources from other priorities. • Inclusion of a timeline or priorities for implementation — Prioritization of the implementation steps will be determined by the Town Council after review of a work plan. The Town Council will be consulted on an annual basis. Without prior consultation with the Town Council, it is not possible to identify a timeline or priorities. Also, acquisition of properties, or implementation of actions, will depend upon the participation of land owners and their willingness to work with the Town, and upon availability of funding and partnerships. • Changes to the Designated Open Space process -- Changing the process used for labeling property as Designated Open Space would involve a change to the Town Charter. The Open Lands Plan recommends the creation of a task force to assist the Designated Open Space Board of Trustees. As part of their review of lands that might be designated, the task force and Board of Trustees may make suggestions to improve the designation process. At that time, changes to the process may be considered. • Identification of a process to apply Conservation Easements — While the determination and use of conservation easements may be appropriate for certain lands and is suggested in the Plan as a tool for protection of lands, it is premature to define a specific process. The Plan suggests that a task force and staff further review potential sites for conservation easements, and as part of that review a process can be recommended to the Town Council. V. CRITERIA Amendments to the 2018 Open Lands Pian Update require a public hearing review process as outlined in Section 12-3-6 of the Town Code. The role of the Planning and Environmental Commission is to make a recommendation to the Town Council on adoption of the Plan, or changes to the Pian that should be considered by the Town Council before adoption. Amendments to, or adoption of new elements of, the Comprehensive Plan must address the following review criteria: Town of Vail Page 3 August 7, 2018 - Page 179 of 3E Vucich Notes from 2/13/18 Meeting with Bill Andree, Craig Westcoat, Kim Langmaid, Gregg Barrie, Tom Braun, Kristin Bertuglia, Tom & Blondie Vucich • Bill Andree—should consider conservation easements for sensitive lands—"must articulate then why a trail should go there." • Craig Westcoat—"Look for somewhere else first" when considering new trails in sensitive areas. They want to give the wildlife impact info "upfront" for consideration and not wait until later in the process when CPW is often perceived as antagonistic. • Andree—used the analogy of a Superfund site—first the site is identified as affected, then a plan for possible development, mitigation, etc. occurs. Same for wildlife habitat—identify sensitive habitat first, then plan accordingly whether or not you do anything there. • Westcoat—Start with where/what are the impacts on wildlife, then consider "where can we do a trail?" • Westcoat—"How many more trails do you need in the Gore Valley? Serious consideration should be given to what the "carrying capacity" is of the valley. • Andree—"We humans have options—the animals don't." • Westcoat—Education is critical and should be an important part of the plan. Enforcement is equally critical and must be a part of the plan, as well. Any new trails should be based on effectively enforcing closures, maintenance, etc. of existing trails first. Measureable effectiveness. • Westcoat--"Solitude (for the animals) is what we've lost most." • Andree—Gave a human pregnancy analogy for pregnant wildlife (carrying their unborn during the winter season)—human mothers - to -be need rest, good nutrition, freedom from stress, focus on the fetus, etc. So do the animals. August 7, 2018 - Page 180 of 3E • Andree—Biggest key to improving things for wildlife is to improve habitat --not continue to fragment it. • Westcoat—"Stabilization (of the herd sizes) with a very small growth rate is probably the best we can hope for right now." • Westcoat—"As long as the animals have habitat they have a chance." • Andree—We can't just keep bumping the impact zones up (out)100', 200', 300', etc. and expect the animals to remain. They don't. Gave example of Strawberry Park and irrigation ditch example in Beaver Creek. We are "mitigating them to death." • Westcoat—"Culture change is needed now—both with users and agencies." • Andree—Just because someone wants to have a beginner trail, or to be able to access a trail outside his back door, doesn't mean we should do it. He said he might want to be able to drive his vehicle up to the top of Mt. of the Holy Cross but that's not going to happen. • Andree—"parallel trails are just `silly' " • Andree—When asked specifically if, during discussions with the town about trail "ideas" for the update, he intended to keep the Vail Trail Extension on the list, he said NO -he had not. • Kim Langmaid—stated specifically (twice) that she believes the Vail Trail Extension should be removed from the list of trail "ideas" in the update. She also stated she believes, based on all of the recent wildlife findings, the town should consider imposing a 5-10 year moratorium on new trails and instead focus on maintaining and improving what it already has. • Westoat and Andree—thought the above idea might be effective, but also said they thought identifying parcels (for trail development) now to eliminate from consideration due to wildlife impacts was even more important (councils change, etc.) August 7, 2018 - Page 181 of 3E DAlLt zoig Sportsmen's top 10 reasons to pass wilderness act Editor's note: Find a cited version of this column at mrvrv.vaildaily.com. During June, the Colorado Backcountry Hunters & Anglers held its ..10th armualRendezvous . ' near Leadvtlle. We spent the weekend camping, hiking„ Management lands), and there are enough 'Forest Service roads in the state to go from the Kansas border to Utah and back, 17 times. David Valley Lien Voices fishing and enjoying some of our nation's wild public lamb estate. We also i,isited nest, Camp Hale, remembering those who have sacri- ficed so ranch to preserve and protect our great democracy and its unequaled public lands heritage. Introduced by Sen. Michael Bennet and Rep. Jared Polis, the Continental Divide Recreation, Wilderness and Camp Hale Leg- acy Act would preserve public lands habitat important to sustaining healthy popula- tions of big game and other wildlife. And as a former Air Force officer, Fm particularly pleased that this legislation designates the legendary Camp Hale as America's first Na- tional Historic Landscape Tucked in a high mountain valley north of Leadville in Eagle County, Camp Hale was the home base for the renowned World War II loth Mountain Division. From November 1942 through June 1944, Camp Hale housed some 15,000 troops who learned to rock climb, perform military maneuvers on skis and endure a brutal climate iu preparation for mountain warfare. This bill honors their legacy, and support is widespread: 1. During the 2017 Colorado General Assembly Sen. Kerry Donovan introduced, and the Senate passed, SM17-003: "Memo- rializing congress to support the designation of Camp Hale as the nation's first National Historic Landscape to preserve its rich mili- tary history.' 2. On May 2, 2018, a coalition of nearly 100 Colorado businesses sent a letter to Col- orado's U.S. Sen. Cory Gardner seeking his support for the bill. 3. The hill doesn't close any motorized access points and accommodates water, electrical, transportation and even mining infi-astructure. It's backed by Eagle Coun- ty, the town of Vail, Vail Resorts and many other groups. 4. Wilderness encompasses less than 3 percent of the landmass of the lower 48 states. 5. Only 8 percent of the National Forest acreage in Colorado lies beyond one mile of a road (a mere 4 percent for Bureau of Land 6. In Colorado, 12 of the 15 most -hunted game manage- ment units have more than 100,000 acres of roadless wil- derness. Build roads or trails in these areas, and the elk migrations are hindered and the mule deer populations suffer. That means less hunting opportunity. 7. As renowned Colorado bowhunter, David Petersen (a former U.S. Marine Corps helicopter pilot), said: 3'he free -part for- mula for assuringa rich elk hunting future -.::-CO-Vrtchardlybe simpler or more in of our acknowledgment an$lii right now. Those three essential elements area itat, " ("The I utnre a 'E Tc`� tinting; David Petersen, Traditional Bow - hunter magazine: December/Januaiy 2013, p. 69) 8. In the words of my friend, Salida res- ident Bill Sustrich (a U.S. Navy/World War II veteran): "In the sim 'lest terms, without suitable habitat we will wave no_game,; ' out game, we will have na hunting; without hunting, a precious heritage of our past will be lost forever." 9. Petersen adds: "For me, it was always super simple ... if you want to hunt, first you have to have animals to hunt. And if you want animals, first they've got to have habitat to live in. So, if ou're notiu �to protect habitat an improve it and increase, Tri then you re wort ng agarnst yanrse f s a Tarifa' — 10. And in the words of Backcnuutry Hnnters & Anglers founder Mike Beagle (a former U.S. Army field artillery officer): "Think about what we leave for our children. That's enough motivation for me. Let's make it (Nss like success, Mike Beagle, Backcountry Journal: Spring 2007, p. 1) Beagle would also surely agree that per- haps the most important reason to support this legislation is honoring our World War II veterans. hi 141 days of combat, the 10th Mountain Division saw 992 men killed and 4,100 wounded in some of the war's tough- est fighting. This bill preserves an important part of their great legacy. "Designating Camp Hale will pay homage VALLEY VOICES, A7 August 7, 2018 - Page 182 of 3E Katsos Ranch Open Space and the Vail Trail — Preserving a portion of the Gore Valley as it was before Vail. VAIL HOMEOWNERS ASSOCIATION Report — Katsos/Vail Trail Mountain Bike Trail Extension July 31, 2018 In the mid -1970's, the Town of Vail acquired a large portion of thc Katsos Ranch property, south of Interstate 70, for the purpose of establishing a publically accessible wildlife and open space nature preserve. It was the intent of the Town of Vail to demonstrate its intention to maintain a harmonious relationship with the exceptional natural environment it shares. The site was acquired to prevent development in an area known to contain verdant habitat for thc abundance of migratory and sedentary wildlife that inhabited the area on either side of Interstate 70. As well, newly applied zoning densities on the surrounding arca, all of which had been recently annexed in the Town of Vail, were kept to the minimal residential uses. Based on independent analysis, by a collaborative team of qualified interdisciplinary public and private professionals, a paved public path was constructed through the site. The chosen alignment for the path was in a location that was determined to be the least disruptive to the wildlife that was known to inhabit the area. The design criteria establishing the alignment was intended to minimize human dispersion throughout the entire parcel and to concentrate human activity along minimally intrusive access corridors crossing the site. The path was built so that it was located to follow the August 7, 2018 - Page 183 of 3E natural contour of the land, to minimize scarring from construction and built on open terrain well removed and highly visible to wildlife sheltering in the nearby pristine forest, cliffs and waterways. The Vail Homeowners Association, since its inception 25 years ago, has advocated for the preservation of the Vail community's natural assets and works diligently to preserve the character of the publically accessible open spaces set aside for those purposes. We have closely followed the Town's deliberation of the proposed amendments to its Open Lands Plan. We note, with concern, the precipitous decline in certain wildlife populations due to urbanization as reported by State Wildlife Officials. We observe and question whether there is sufficient and detailed independent analysis to verify a proposed additional separate trail for mountain bikes that would be consistent with the intent, purpose and functioning of the Katsos Ranch open space property. The proposed location of the mountain bike path intrudes through the View from I-70 of Katsos Ranch Open Space, Gore Creek Wetlands and Wildlife preserve. heart of the forested wildlife shelter zone. In places it traverses old growth Aspen groves, which are a rarity on the floor of the Gore Valley. The rugged terrain of the area, which would be disrupted by the construction of the path, could well leave an unsightly scar on the near pristine natural landscape, one of the most scenic and beautiful views in the community. In addition, any form of competitive mountain biking on such a trail would only further disrupt wildlife. For these reasons, it is requested that the route of the proposed extensions of the Vail Trail through the Katsos Ranch open space be removed from the Open Lands Plan trail recommendations. We recognize and applaud the Town's effort, during the Cleveland administration, to respond to the increasing demand for recreational bicycling by expanding the aprons along the Frontage Roads, particularly from Ford Park towards East August 7, 2018 - Page 184 of 3E Vail. These aprons can now serve as a means of diverting all forms of bike traffic around environmentally sensitive open space lands and congested areas of the community. Further, we applaud the creation of an extensive mountain bike trail network on Vail Mountain and urge that the focus of mountain biking remain there. The necessity to receive a promotional accolade as a stellar community for biking should be balanced with a higher need to preserve the natural assets and beauty that is one of the important bedrock principles upon which the success of the Vail community's harmonious sustainability depends. Katsos - Buffer zone between paved Vail Trail recreation path, Gore Creek wetlands (left) and wildlife sanctuary zone (right). Katsos - Wetlands near Memorial Park where the lives of those who helped define the Vail community are celebrated. Attend Town Council OLP Trails Public Hearing August 7th, 2018 — Vail Town Hall Community Service Link: Vail Valley Foundation Colorado Pro Classic Bike Race Stage 1 & 2 August 16-17 2018 Vail Road Closures: Please provide us with Community service links that you find useful. VHA Membership: © Capvriaht 2018 Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 E-mail: vha(a vail.net Web Site: www,vailhumeowners.com August 7, 2018 - Page 185 of 3E 14nI Q-vu]Etl rev 6A 77/46- 6v7-5/ v1-5 R 04 A -e -A -z /A1 3iz r �I � MENU ■ SUBSCRIBE (HTTPS:JISUBS I (/Sef Chrlatopher Solomon ;H 71u6EBJchrlpophor- lanon} Even Sierra Club -approved activities can have disastwrous effects on the natural places we revere. And that's led to a fracture between two should-bez1l : recreationists and conservationists. Eartier this season, ski tracks appeared on Josies Ridge (http:/fwww jhnewsandguide.com f news/josies-ridge- poached/image_f3o3d83f-ao3c-broc-gea6-c3b2424defd8.html) above Jackson, Wyoming. Ski tracks around Jackson usually aren't news. But the Forest Service closes Josies and other areas to recreationists from December through April to give deer and elk a break from burnan disturbance during the winter. Signs announce the closures. One week later, skiers poached Josies again. When we play in the mountains and forests, we think we're simply having fun. (Leaving no trace! Communing with nature!) But whether we're in closed or open areas, studies show that even Sierra Club -approved activities like hiking, cross-country skiing, and bird watching can negatively affect the environment more than you'd think. Take research in Boulder that discovered a roughly loo -yard "death zone" for songbirds on both sides of a trail, as one scientist put it, pointing to low nesting success and lower populations. Moose increased their movement by 33 percent, burning more 0 August 7, 2018 - Page 186 of 3� energy, after encountering skiers, a study in Scandinavia found. In one not -yet -published survey of 218 studies that looked at the effects of recreation on wildlife, researchers found more evidence for impacts by non -motorized activities than by motorized ones. Nature once had plenty of elbowroom. Today natural places—those places we like to play in—are increasingly squeezed by climate change and a booming human population. And even our well-meaning recreation can tighten the thumbscrews. A 2015 study estimated that the world's protected areas (http://journals.plos.org/plosbiology/article? id= 1o.1371/journal.pbio,loo2o74)—most of them in Europe and North America—see a whopping eight billion visits annually. Some form of recreation, from nature walks to rafting and beyond, is permitted in more than 94 percent of protected areas as defined by the International Union for Conservation of Nature. In the United States, the number of people who participated in day hiking increased by nearly Soo percent between 196o and 2000. Make no mistake: this is no "save -the -planet, kill -yourself' rant. Outside has written about how standing knee-deep in powder on a high ridge is a salve for mind and body. We need more of that, as we spend our days bent in prayer over our iPhones. But it's also true that we're an outsized presence on the land, even when we head there alone and with good intentions. "Cumulatively, we are having effects on those places," says Linda Merigliano, the recreation program manager for three ranger districts of the Bridger -Teton National Forest around Jackson. The outdoors community has been slow to recognize and concede those effects. Last year, I wrote a similar piece for the New York Dimes (https://www.nytimes.cam/20x5/x2/15/opinion/sunday/leaving-only-footsteps-think- again,htmlhttp://www.nytimes.cam/2o15/o2/15/opinion/sunday/leaving-only-footsteps-think-again.html) that provoked dozens of comments about how humans are just as much a part of nature as the wildlife that these restrictions are trying to protect. One such post read: Nature is not the movie set consisting of a slice of conditions in a moment chosen arbitrarily. It changes. Humans in some form have been part of it for millions of years. We step gently where we go, on the land we paid for. We respect breeding season. But we also believe we are allowed into this slice of nature we are part of. That's true, but we also need to reflect more deeply on the impact we have when we go into the woods to play, and adjust what we do. We need a new Golden Rule for the Great Outdoors: Place first. This simply means that nature's needs come before our recreation ones. A vigorous, healthy natural world props up all the things we love; mountain biking, trail running, the moose we glimpse while backcountry skiing. Let's agree to take care of nature before we demand our own satisfaction. What we love to do naturally will flow from that. More importantly, it will keep flowing. "If we destroy the place," says Merigliano, "nothing else matters." August 7, 2018 - Page 187 of 3E Unfortunately, I'd argue that we're failing at that right now. In some cases, recreationists are trying to introduce new activities on protected land. A group called the Sustainable Trails Coalition (http://www.sustainabletraiiscoatition.org/) is lobbying for a new bill that would tinker with the 1964 Wilderness Act to give local forest supervisors discretion to open wilderness trails to mountain bikers. "Mechanical transport" is explicitly proscribed in the act, but knobby -tire fans insist this doesn't apply to mountain bikes. (The group's president, Ted Stroll, told me tbe proposed bill also would allow more liberal use of cbainsaws for trait maintenance in wilderness, where mechanized devices are prohibited unless the federal agency determines them necessary for wilderness stewardship or emergencies.) Sometimes, we're tone-deaf about bow we're supposed to approach wild places. You may recall the fallout when ultrarunning legend Scott Jurek beat the record on the Appalachian Trail last summer and celebrated with booze and tfi people (https://www.outsideonline_com/2oolo76/scott jureks-champagne-problems) atop Maine's Mt. Katandin. The park, wbich lies within a state -designated wilderness area, bas been wrestling with how to maintain its wilderness character, even as groups like the Appalachian Trail Conservancy are trying to encourage use of tbe AT. So when the director of Baxter State Park issued citations to Jurek for splashes of champagne on the rocks and a too -big group on the summit, he was doing bis job. He wasn't some wet -blanket bureaucrat; be was working to protect nature. Yet it was the director, not Jurek, who caught the most flak from tbe incident. These calls to bring more sports or activities to public land can sometime align recreationists with people who have the opposite agenda. Out West, packrafters enlisted Wyoming Representative Cynthia Lummis, a Republican who's no fan of public lands, to help pass a law ordering Yellowstone and Grand Teton national parks to do a feasibility study of recreational paddling. Environmentalists fear moves like this could lead to trouble down the road, "Legislating special access to a national park by a specific user group is a bad precedent," Bart Melton of the National Parks Conservation Association told Frederick Reimers in Mountain magazine (http://www.mountainonline.com/who-speaks-for-rivers-yellowstone-paddling- controversy/). "Not only for Yellowstone, but for all our parks." August 7, 2018 - Page 188 of 3E I'm not anti -hike or anti-packrafting; I've done both activities for this magazine. What bothers me about these examples is the loss of perspective they represent. These packrafters and mountain bikers are focused on doing what they want, where they want. When they can't, they often use words like "discrimination" (http://www.hikemag.com/features/taking- wilderness-debate-wasbington-d-c/#BuLRS1I6dh7wwIBQ.g7) instead of asking whether more for them is really what's right for the land. If those wbo say they love the land the most don't think restraint applies to them, who does it apply to? Agreeing on the idea of "place first' means accepting the idea that we'll sometimes have to make sacrifices—in access, in convenience—in order to sustain the nature that makes it all possible. Some of those changes have already taken place around the West: buses that bring people into Zion and Denali national parks to reduce car traffic and ease wildlife issues; restrictions on the number of people who can float Idaho's Selway River through the Seaway -Bitterroot Wilderness. For more than two decades, Grand Teton National Park has closed some areas to backcountry skiing to give room to beleaguered bighorn sheep. People find such tradeoffs acceptable when they understand wby they're necessary, and—in the case of Zion—when the resulting experience is better because of them, says Christian Beckwith, co-founder of Alpinist magazine and the founder of the SHIFT conference, which aims to unite the recreation and environmental community (http://shiftjh.org/). As a recreation community, we should not only be prepared to accept more such temporal restrictions—we should also embrace and support them, if science tells us they work. In San Diego County, which has many endangered species, one such solution could he managing conservation across a broader landscape instead of in just one park, says Colorado State University researcher Sarah Reed. That might mean allowing more intense recreation in some natural areas and less in others, she says. In the Bridger -Teton National Forest around Jackson, the future looks like a managed system that balances several uses in the "frontcountry" near town, rather than pushing more people into the backcountry to disperse the crowds. That gives wildlife such as bears more room to roam without conflict, says the Forest Service's Merigliano. To work, the plan requires data on how people recreate: creating short hiking -only loops close to town for folks such as seniors wbo want a walk, for instance, or experimenting with alternate -day use for mountain biking on trails. "Our mantra has become, 'The right use in the right location at the right time,'" Merigliano says. Perhaps most important, the public needs to talk about the goal for any newly acquired natural area before it opens, says Reed. Once recreation is allowed iu a location, it's seldom curtailed. Merigliano and Beckwith are optimistic that recreation and conservation can get along and boost one another. People August 7, 2018 - Page 189 of 3E really do care, says Merigliano. "It's that they are focused on doing their own fun thing." "We've all got to give a little bit," she adds. "Compromise is not a dirty word. There has to be some restraint." Filed To: Nature ((category/nature) / Politics (lcategorylpolitics) / Outside Features (Icategorylfeatures) Stay on Topic Sponsor content Stepping Over the Edge V232o956/ epping-over- edge) How a Drone Rescued a Climber on Broad Peak By. Alan Arnette (/2328871/drone-rescues- climber-broad-peak) Secretary Zinke Won't Make Companies Pay for Damaging Public Lands By: The Editors (/ 2329916/secreta ry-i nterior- ryan-zinke-scandal) Westerners (Blue or Red) Aren't Happy with Zinke By: Ula Chrobak (/2328896/ryan-zinke- winning-west-poll) MORE ADVENTURE (!OUTDOOR -ADVENTURE) August 7, 2018 - Page 190 of 3E TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 2018-2020 Council Action Plan PRESENTER(S): Greg Clifton, Town Manager ACTION REQUESTED OF COUNCIL: Adopt Council's Action Plan. BACKGROUND: The Town Council has developed its 2018-2020 Action Plan over the course of several meetings beginning in January. The plan is being presented with final edits from July 17 meeting included. The Action Plan is ready for approval at this time. ATTACHMENTS: Description Town Council 2018-2020 Action Plan August 7, 2018 - Page 191 of 3E TOWN OF VAIIL' Memorandum To: Mayor and Town Council From: Greg Clifton, Town Manager Date: August 2, 2018 Subject: Town Council 2018-20 Action Plan I. SUMMARY The latest draft was approved by consensus on July 17th, with few edits. Those edits have been incorporated, and Council has directed that this be slated for action at the August 7th meeting. The text is identical to what was approved. We have polished the format of the document, and it remains draft at this juncture, with the presumption of formal approval by the Council. II. 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 51h, and the outcomes of these three prior meetings were again presented to the Council on July 17th. With few edits emerging from the July 17th meeting, the draft final is now attached for your review and approval. III. ACTION REQUESTED Council is requested to formally approve the 2018-20 Action Plan. The following motion is suggested: "1 move to adopt the 2018-2020 Vail Town Council Action Plan as presented." August 7, 2018 - Page 192 of 3. COMMUNITY An engaged community with social, cultural and educational values ECONOMY 'A vibrant and diverse economy that keeps Vail at the forefront EXPERIENCE World class recreational amenities SUSTAINABILITY - r Excellent stewardship of our .natural environment • • hpd:04.- VAIL TOWN COUNCIL ACTION PLAN 7� D T=E: TOWN OFI(/) August 7, 2018 - Page 193 of 358 OUR MISSION Grow a vibrant, diverse economy and community and preserve our surrounding natural environment, providing our citizens and guests with exceptional services and an abundance of premier recreational, cultural and educational opportunities. OUR VISION o4 0 C NA 7 7'Y To be the PREMIER international mountain resort community 03 August 7, 2018 - Page 195 of 358 fit 411rtsV, s 0 lin GOALS Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods as the foun- dation of our town's continued success. Ensure that our citizens 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 • Inform and engage all members of our community INITIATIVES • Create opportunities to build our community, inclusive of discussions about the future of West Vail • Build 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 • Inform and engage all members of the community, including youth, in matters of public interest and maintain high level of transparency and outreach • Secure a permanent funding source for housing • Continue to build our relationship with Red Sandstone School 04 vailgov.com August 7, 2018 - Page 196 of 358 TOWN COUNCIL PRIORITIES • 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 housing • 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 - Start a community engaging visioning process - Be a leader in addressing mental health issues throughout our community August 7, 2018 - Page ' 7 of 358 GOALS 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 06 vailgov.com INITIATIVES • 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 • 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 August 7, 2018 - Page 198 of 358 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 August 7, 2018 - Page ' A.107 Col !A 11 GOALS Deliver on the promise, Vail. Like nothing on earth that also supports "preserving our natural environment". • 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 06 vailgov.com INITIATIVES • Implement 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 August 7, 2018 - Page 200 of 358 h3�jYr./J' 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 August 7, 2018 - Page 201 of 358 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 • 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 06 vailgov.com 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 • 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 August 7, 2018 - Page 202 of 358 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 • Create a Cultural and Heritage Preservation Program August 7, 2018 - Page 203 of 358 N 75 South Frontage Road Vail, Colorado 81657 970.479.2100 1 vailgov.com TOWN OFI(/) August 7, 2018 - Page 204 of 358 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 12, Series of 2018, First Reading, An Ordinance fora Zone District Boundary Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto. PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 12, Series of 2018, upon first reading. BACKGROUND: The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. STAFF RECOMMENDATION: On June 25, 2018, the Planning and Environmental Commission (PEC) was unable to forward a recommendation to the Vail Town Council for a zone district boundary amendment. The PEC deadlocked 3-3 on a motion to recommend approval of the zone change with Commissioners Stockmar, Kurz and Kjesbo voting in the affirmative and Commissioners Gillette, Hopkins and Perez opposed. Commissioner Lockman was absent from this meeting. ATTACHMENTS: Description Staff Memorandum A. Ordinance No. 12, Series 2018, VailPoint Rezone B. Staff Memorandum, PEC18-0022, June 25, 2018 C. PEC Minutes, June 25, 2018 D. Applicant Narrative, May 2018 August 7, 2018 - Page 205 of 3. TOWN ofvain Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 7, 2018 SUBJECT: First reading of Ordinance No. 12, Series of 2018, an ordinance rezoning two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto. (PEC18-0022) Applicant: VailPoint LLC, represented by Pylman & Associates, Inc. Planner: Jonathan Spence I. SUMMARY The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. On June 25, 2018, the Planning and Environmental Commission (PEC) was unable to forward a recommendation to the Vail Town Council for a zone district boundary amendment. The PEC deadlocked 3-3 on a motion to recommend approval of the zone change with Commissioners Stockmar, Kurz and Kjesbo voting in the affirmative and Commissioners Gillette, Hopkins and Perez opposed. Commissioner Lockman was absent from this meeting. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the June 25th meeting included as Attachment C. 11. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 12, Series of 2018, upon first reading. August 7, 2018 - Page 206 of 3. III. BACKGROUND In 1963, Vail Associates conveyed the entirety of Lot d, Block 2, Vail Village First Filing (Lot d) to Christiania -at -Vail, Inc. (VailPoint's predecessor in title). Lot d is comprised of the present-day Christiania at Vail Lodge, the Chateau Christian Condominiums, and the single family residence at 366 Hanson Ranch Road. Over time and apparently prior to enactment of subdivision regulations in the Town, Christiania- at -Vail, Inc. severed portions of Lot d. They did so by recording deeds that described these smaller parcels by metes and bounds description. These deeds effectively served to subdivide Lot d, although not through the process that would be required today. The property at 366 Hanson Ranch Road is one of these severed parcels. The property has an existing residence that was built in the early 1960s, prior to the incorporation of Vail as a Town in 1966. It is located between the Christiania at Vail Lodge and Chateau Christian Condominiums to the west, and the Tivoli Lodge to the east. The land to the south of the home and to the east of the home (between the home and the Tivoli Lodge) is owned by Vail Resorts. The land to the east of the home is Lot d-1, Block 2, Vail Village Fifth Filing. The lands south of the home are a part of Tract E, Vail Village Fifth Filing. For as long as 50 years, the existing property and the properties subject to the rezoning have been surrounded by a fence. For unknown reasons, the fence was not built on the deeded property line and instead encloses a larger area, both to the south and east. All previous owners have treated the fenced area as an integral part of the property and have landscaped and maintained it consistent with the remainder of the property. In January, 2018, the Eagle County District Court entered an Order and Decree Quieting Title (Court Order) to this area outside the deed boundary but inside the fence. Recognizing the historic conditions, the Court Order declared VailPoint to be the fee simple owner of all of the lands within the fence. The intent of this application is to complete the process started by the Court Order. The re- zoning application seeks to rezone the subject property from Agriculture and Open Space (A) to Public Accommodation (PA), consistent with the existing zoning of the remainder of Lot d. This action will also ensure that all lands within the subject property have the same zoning designation. The total area of land within the existing fence and proposed lot is 13,242 square feet. The original metes and bounds description of the 366 Hanson Ranch Road property consists of 7,862 square feet. The additional area within the fence that the Court recognized as VailPoint's property is 5,380 square feet. On June 25, 2018, the Planning and Environmental Commission approved an exemption plat, pursuant to Section 13-12-3, Plat Procedure and Criteria for Review, Vail Town Code, to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Town of Vail Page 2 August 7, 2018 - Page 207 of 3. Block 2, Vail Village Filing 1. The map below shows the location of these parcels: VAILPOINT Exemption Plat & Rezoning (PEC18-0022, PEC18-0025) 366 Hanson Ranch Road/Lot D, Block 2, Vail Village Filing 1 e i u Fcct 0 25 50 100 ._pis P NII0 vp ) IV. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendments are consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The Vail Land Use Plan designation and applicable planning document for the subject property is the Vail Village Master Plan. The Public Accommodation Zone district designation for this property is consistent with the adjacent parcels and is consistent with the goals, objectives and policies outlined in the Vail Village Master Plan. The lands within the fence have long been perceived and used as an integral part of the Town of Vail Page 3 August 7, 2018 - Page 208 of 3E existing home. The amendment of the zone district boundaries to conform to the fenced area will have little or no overall effect upon the larger goals of the community. The amendment, in concert with the exemption plat, will bring the property into greater conformance with the development standards of the Public Accommodation Zone District including minimum lot size, setbacks, site coverage and landscaping. The proposed rezoning is supported by the Goals #1 and #2 of Vail Village Master Plan that speak to encouraging high quality redevelopment and the importance of the tourist industry to the health and vitality of the community. Goal #4 is relative to open space and is relevant to the zone district boundary amendment request. Because it was within the fence, the 5,380 square feet of area proposed for zone change has likely not ever been a part of the perceived open space corridor behind or adjacent to the home. The Vail Village Master Plan was originally adopted in 1990. The area proposed for re -zoning has been enclosed by a fence, landscaped as part of the yard and used exclusively and privately by the owners of the home since well prior to, and since, 1990. The re -zoning of this land will not impact the historic area of perceived open space that exists in this area. The lands outside of the fence will remain zoned as Agricultural and Open Space. Staff finds this criterion to be met. 2. The extent to which the zone district amendments are suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. The zone district boundary amendment is both suitable and compatible with the existing and proposed land uses on the site and the existing and potential surrounding land uses. The rezoning and accompanying exemption plat will bring the property into greater conformance with the development standards of the Public Accommodation Zone District including minimum lot size, setbacks, site coverage and landscaping that will assist in redevelopment. As the rezoning follows the historical fence boundary, no impacts on surrounding land uses are anticipated. Staff finds this criterion to be met. 3. The extent to which the zone district amendments present a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendments will create a cohesive land use scheme consistent with the development objectives of the town, namely orderly development and redevelopment under a unified zoning designation. Staff finds this criterion to be met. Town of Vail Page 4 August 7, 2018 - Page 209 of 3E 4. The extent to which the zone district amendments provide for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The zone district boundary amendment proposes to recognize the lot boundary correction and maintains the Public Accommodation zoning of the 366 Hanson Ranch Road property. This zone district designation is consistent with the Vail Village Master Plan and does not constitute spot zoning. The application fosters order in the sense that it aligns zone district and subdivision boundaries. Staff finds this criterion to be met. 5. The extent to which the zone district amendments result in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural featu res. The proposed rezonings will not result in adverse impacts to the natural environment. Future developments on the reconfigured and rezoned parcels will be required to adhere to all applicable environmental standards during development review, construction and facility operation. Staff finds this criterion to be met. 6. The extent to which the zone district amendments are consistent with the purpose statement of the proposed zone district. The proposed rezoning is consistent with the purpose statement of the Public Accommodation (PA) Districts and future development on the property will also be required to be compatible with its intent. As stated previously, the rezoning and accompanying exemption plat bring the project into greater compliance with the development standards of the zone district. Staff finds this criterion to be met. 7. The extent to which the zone district amendments demonstrate how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The proposed zone district boundary amendment recognizes the historical boundary of the property. With the recent court action concerning this property, maintaining the existing zoning designation would be inappropriate. Staff finds this criterion to be met. Town of Vail Page5 August 7, 2018 - Page 210 of 3E 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezonings. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 12, Series of 2018, upon first reading, the Community Development Department recommends the Council pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 12, Series of 2018, an ordinance rezoning two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 12 Series of 2018, the Community Development Department recommends the Council make the following findings: "Based upon the review of the criteria outlined in Sections Vlll of the Staff memorandum to the Planning and Environmental Commission dated June 25, 2018, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VI. ATTACHMENTS A. Ordinance No. 12, Series of 2018 B. Staff Memorandum, PEC18-0022, June 25, 2018 C. PEC Minutes, June 25, 2018 D. Applicant Narrative, May 2018 Town of Vail Page 6 August 7, 2018 - Page 211 of 3. ORDINANCE NO. 12 SERIES OF 2018 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF TWO PARCELS OF LAND LOCATED IN THE VICINITY OF 366 HANSON RANCH ROAD; A PORTION OF LOT D-1, BLOCK 2, VAIL VILLAGE FIFTH FILING AND A PORTION OF TRACT E, VAIL VILLAGE FIFTH FILING. THE REZONING WILL CHANGE THE ZONE DISTRICT FROM AGRICULTURE AND OPEN SPACE (A) DISTRICT TO THE PUBLIC ACCOMMODATION (PA) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, the subject property, described in Exhibit A, attached hereto and incorporated herein by this reference, (the "subject property"); WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail; WHEREAS, the purpose of the amendment is to establish a development site with uniform zoning for the property known as 366 Hanson ranch Road; WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as Ordinance No. 12, Series 2018 -1- August 7, 2018 - Page 212 of 3E further described in Exhibit A: Agriculture and Open Space (A) District to the Public Accommodation (PA) District Section 2. Condition Precedent and Expiration The rezoning set forth in Section 1 hereof shall take effect on the date that the Exemption Plat for the Lot 1, 366 Hanson Ranch Road Subdivision, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Exemption Plat for the Lot 1, 366 Hanson ranch Road Subdivision has not been properly recorded by August 7, 2020 the rezoning set forth in Section 2 hereof shall not take effect. Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore Ordinance No. 12, Series 2018 -2- August 7, 2018 - Page 213 of 3. repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of August, 2018, and a public hearing for second reading of this Ordinance set for the 21st day of August, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of August, 2018. ATTEST: Patty McKenny, Town Clerk Ordinance No. 12, Series 2018 -3 Dave Chapin, Mayor August 7, 2018 - Page 214 of 3E Exhibit A Portions of Lot d-1 and Tract E to be rezoned from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. Ordinance No. 12, Series 2018 4 August 7, 2018 - Page 215 of 3. TOWN OF 5!), Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 25, 2018 SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto. (PEC18-0022) Applicant: VailPoint LLC, represented by Pylman & Associates, Inc. Planner: Jonathan Spence I. SUMMARY The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d- 1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council of this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A) and the applicants' narratives (Attachment B) are attached for review. August 7, 2018 - Page 216 of 3. II. DESCRIPTION OF REQUEST The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d- 1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. The two portions of parcels are located within the historic fence boundary of the property, as shown on the exhibit below. 1 — mak 366 Hanson_Ranch Road Vail, Colorado f Po.lu.n d hxl d -I a Ravi F FILM The proposed rezoning, to be approved via ordinance with the Vail Town Council, will not take effect until the recordation of the final plat to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing 1, has occurred with the Eagle County Clerk and Recorder. III. BACKGROUND In 1963, Vail Associates conveyed the entirety of Lot d, Block 2, Vail Village First Filing (Lot d) to Christiania -at -Vail, Inc. (VailPoint's predecessor in title). Lot d is comprised of the present-day Christiania at Vail Lodge, the Chateau Christian Condominiums, and the single family residence at 366 Hanson Ranch Road. Over time and apparently prior to enactment of subdivision regulations in the Town Christiania- at -Vail, Inc. severed portions of Lot d. They did so by recording deeds that Town of Vail Page 2 August 7, 2018 - Page 217 of 3f described these smaller parcels by metes and bounds description. These deeds effectively served to subdivide Lot d, although not through the process that would be required today. The property at 366 Hanson Ranch Road is one of these severed parcels. The property has an existing residence that was built in the early 1960s, prior to the incorporation of Vail as a Town in 1966. It is located between the Christiania at Vail Lodge and Chateau Christian Condominiums to the west, and the Tivoli Lodge to the east. The land to the south of the home and to the east of the home (between the home and the Tivoli Lodge) is owned by Vail Resorts. The land to the east of the home is Lot d-1, Block 2, Vail Village Fifth Filing. The lands south of the home are a part of Tract E, Vail Village Fifth Filing. For as long as 50 years, the existing property and the proposed properties subject to the rezoning have been surrounded by a fence. For unknown reasons, the fence was not built on the deeded property line and instead encloses a larger area, both to the south and east. All previous owners have treated the fenced area as an integral part of the property and have landscaped and maintained it consistent with the remainder of the property. In January, 2018, the Eagle County District Court entered an Order and Decree Quieting Title (Court Order) to this area outside the deed boundary but inside the fence. Recognizing the historic conditions, the Court Order declared VailPoint to be the fee simple owner of all of the lands within the fence. The intent of this application is to complete the process started by the Court Order. The re -zoning application seeks to rezone the property subject to the Court Order from Agriculture and Open Space (A) to Public Accommodation (PA), consistent with the existing zoning of the remainder of Lot d. This action will also ensure that all lands within the subject property have the same zoning designation. The total area of land within the existing fence and proposed lot is 13,242 square feet. The original metes and bounds description of the 366 Hanson Ranch Road property consists of 7,862 square feet. The additional area within the fence that the Court recognized as VailPoint's property is 5,380 square feet. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE Article A. Public Accommodation (PA) District (in part) 12-7A-1: PURPOSE: Town of Vail Page 3 August 7, 2018 - Page 218 of 3f The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 30(1977) § 7: Ord. 8(1973) § 7.100) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Automated teller machines (ATMs) exterior to a building. Employee housing units, as further regulated by chapter 13 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. (Ord. 12(2008) § 11) 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units, as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Town of Vail Page 4 August 7, 2018 - Page 219 of 3. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. (Ord. 12(2008) § 11) 12-7A-4: ACCESSORY USES: The following accessory uses shall be permitted in the PA district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Meeting rooms. Minor arcades. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 6(1982) § 8(b): Ord. 8(1973) § 7.400) 12-7A-5: LOT AREA AND SITE DIMENSIONS: Town of Vail Page 5 August 7, 2018 - Page 220 of 3. The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. (Ord. 23(1999) § 1: Ord. 12(1978) § 3) 12-7A-6: SETBACKS: In the PA district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). At the discretion of the planning and environmental commission and/or the design review board, variations to the setback standards outlined above may be approved during the review of exterior alterations or modifications (section 12-7A-12 of this article) subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 8. Proposed building setbacks comply with applicable elements of the Vail Village urban design guide plan and design considerations. C. Proposed building setbacks will provide adequate availability of light, air and open space. D. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. E. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 50(1978) § 2) 12-7A-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45). For a sloping roof, the height of buildings shall not exceed forty eight feet (48). (Ord. 23(1999) § 1: Ord. 37(1980) § 2) 12-7A-8: DENSITY CONTROL: Up to one hundred fifty (150) square feet of gross residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the planning and environmental commission in accordance with section 12-7A-12 of this article. Specifically, in determining allowable gross residential floor area the planning and environmental commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Village urban design guide Town of Vail Page 6 August 7, 2018 - Page 221 of 3. plan and design considerations. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be counted towards density. A dwelling unit in a multiple -family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. (Ord. 29(2005) § 24: Ord. 5(2003) § 4: Ord. 31(2001) §§ 3, 5: Ord. 23(1999) § 1: Ord. 50(1978) § 19: Ord. 12(1978) § 2) 12-7A-9: SITE COVERAGE: Site coverage shall not exceed sixty five percent (65%) of the total site area. Final determination of allowable site coverage shall be made by the planning and environmental commission and/or the design review board in accordance with section 12-7A-12 of this article. Specifically, in determining allowable site coverage the planning and environmental commission and/or the design review board shall make a finding that the proposed site coverage is in conformance with applicable elements of the Vail Village urban design guide plan and design considerations. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 17(1991) § 7: Ord. 8(1973) § 7.507) 12-7A-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (Ord. 23(1999) § 1: Ord. 19(1976) § 8: Ord. 8(1973) § 7.509) 12-7A-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the planning and environmental commission and/or the design review board. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 19(1976) § 8: Ord. 8(1973) § 7.510) 12-7A-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has Town of Vail Page 7 August 7, 2018 - Page 222 of 3. substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. 4. 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. 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void three (3) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 29(2005) § 24: Ord. 5(2003) § 5: Ord. 31(2001) § 7: Ord. 23(1999) § 1) 12-7A-13: COMPLIANCE BURDEN: Town of Vail Page 8 August 7, 2018 - Page 223 of 3. It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation district, that the proposal is consistent with applicable elements of the Vail Village master plan, the Vail Village urban design guide plan and the Vail streetscape master plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. (Ord. 29(2005) § 24: Ord. 23(1999) § 1) 12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. (Ord. 29(2005) § 24: Ord. 23(1999) § 1) 12-7A-15: ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO EXISTING PA PROPERTIES: For any gross residential floor area added to a public accommodation zoned property following the effective date hereof, a minimum of seventy percent (70%) of the added gross residential floor area shall be devoted to accommodation units, or fractional fee club units subject to the issuance of a conditional use permit. This limitation shall not apply to gross residential floor area being added in accordance with sections 12-15-4 and 12-15-5 of this title. (Ord. 23(1999) § 1) Vail Land Use Plan (in part) Chapter 11- Land Use Plan Goals / Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Town of Vail Page 9 August 7, 2018 - Page 224 of 3. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Chapter VI — Proposed Land Use (in part) GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Vail Village Master Plan (in part) GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2.1 The zoning code and development review criteria shall be consistent with the Town of Vail Page 10 August 7, 2018 - Page 225 of 3f goals and objectives of the Vail Village Master Plan. Objective 2.3: Increase the number of residential units available for short-term overnight accommodations. Policy 2.3.1 : The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed ina manner that makes them available for short term overnight rental. GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREEN SPACE OPPORTUNITIES. Objective 4.1: Improve existing open space areas and create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. Policy 4.1.3: With the exception of ski base -related facilities, existing natural open space areas at the base of Vail Mountain and throughout Vail Village and existing green spaces shall be preserved as open space. V. SITE ANALYSIS Address: 366 Hanson Ranch Road Legal Description: Part of Lot d, Block 2, Vail Village First Filing, a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, vail Village Fifth Filing Existing Zoning: Public Accommodation (PA) District and Agriculture and Open Space (A) District Proposed Zoning: Public Accommodation (PA) District Land Use Plan Designation: Vail Village Master Plan Current Land Use: Single Family Dwelling Unit Anticipated Future Land Use: TBD Geological Hazards: None VI. SURROUNDING LAND USES AND ZONING Existing Use Zone District North: Lodging/Multifamily Public Accommodation (PA) District South: Open Space Agriculture and Open Space (A) District East: Lodging/Multifamily SDD #37, Tivoli Lodge with an underlying zoning of Public Accommodation (PA) District Town of Vail Page 11 August 7, 2018 - Page 226 of 3E West: Lodging/Multifamily SDD #28, Christiania at with an underlying zoning of Vail Public Accommodation (PA) District VII. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendments are consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The Vail Land Use Plan designation and applicable planning document for the subject property is the Vail Village Master Plan. The Public Accommodation Zone district designation for this property is consistent with the adjacent parcels and is consistent with the goals, objectives and policies outlined in the Vail Village Master Plan. The lands within the fence have long been perceived and used as an integral part of the existing home. The amendment of the zone district boundaries to conform to the fenced area will have little or no overall effect upon the larger goals of the community. The amendment, in concert with the exemption plat, will bring the property into greater conformance with the development standards of the Public Accommodation Zone District including minimum lot size, setbacks, site coverage and landscaping. The proposed rezoning is supported by the Goals #1 and #2 of Vail Village Master Plan that speak to encouraging high quality redevelopment and the importance of the tourist industry to the health and vitality of the community. Goal #4 is relative to open space and is relevant to the zone district boundary amendment request. Because it was within the fence, the 5,380 square feet of area proposed for zone change has likely not ever been a part of the perceived open space corridor behind or adjacent to the home. The Vail Village Master Plan was originally adopted in 1990. The area proposed for re -zoning has been enclosed by a fence, landscaped as part of the yard and used exclusively and privately by the owners of the home since well prior to, and since, 1990. The re -zoning of this land will not impact the historic area of perceived open space that exists in this area. The lands outside of the fence will remain zoned as Agricultural and Open Space. Staff finds this criterion to be met. Town of Vail Page 12 August 7, 2018 - Page 227 of 3E 2. The extent to which the zone district amendments are suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. The zone district boundary amendment is both suitable and compatible with the existing and proposed land uses on the site and the existing and potential surrounding land uses. The rezoning and accompanying exemption plat will bring the property into greater conformance with the development standards of the Public Accommodation Zone District including minimum lot size, setbacks, site coverage and landscaping that will assist in redevelopment. As the rezoning follows the historical fence boundary, no impacts on surrounding land uses are anticipated. Staff finds this criterion to be met. 3. The extent to which the zone district amendments present a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendments will create a cohesive land use scheme consistent with the development objectives of the town, namely orderly development and redevelopment under a unified zoning designation. Staff finds this criterion to be met. 4. The extent to which the zone district amendments provide for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The zone district boundary amendment proposes to recognize the lot boundary correction and maintains the Public Accommodation zoning of the 366 Hanson Ranch Road property. This zone district designation is consistent with the Vail Village Master Plan and does not constitute spot zoning. The application fosters order in the sense that it aligns zone district and subdivision boundaries. Staff finds this criterion to be met. 5. The extent to which the zone district amendments result in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. The proposed rezonings will not result in adverse impacts to the natural environment. Future developments on the reconfigured and rezoned parcels will be required to Town of Vail Page 13 August 7, 2018 - Page 228 of 3E adhere to all applicable environmental standards during development review, construction and facility operation. Staff finds this criterion to be met. 6. The extent to which the zone district amendments are consistent with the purpose statement of the proposed zone district. The proposed rezoning is consistent with the purpose statement of the Public Accommodation (PA) Districts and future development on the property will also be required to be compatible with its intent. As stated previously, the rezoning and accompanying exemption plat bring the project into greater compliance with the development standards of the zone district. Staff finds this criterion to be met. 7. The extent to which the zone district amendments demonstrate how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The proposed zone district boundary amendment recognizes the historical boundary of the property. With the recent court action concerning this property, maintaining the existing zoning designation would be inappropriate. Staff finds this criterion to be met. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezonings. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the zone district boundary amendments, the Community Development Department recommends the Commission pass the following motion: Town of Vail Page 14 August 7, 2018 - Page 229 of 3E "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated June 25, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Vicinity Map B. Applicant Narrative, May 2018 Town of Vail Page 15 August 7, 2018 - Page 230 of 3. PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF,,,DJune 25, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, Rollie Kjesbo, Karen Perez, Brian Stockmar Absent: John -Ryan Lockman 2. Site Visits 2.1. Site Visit - 2841 Basingdale Boulevard 3. Main Agenda 3.1. Executive Session pursuant to C.R.S. 24-6-402(4)(b) to receive legal advise 10 min. on specific legal matters Re: parking issues. Applicant: Planner: Cancelled as Matt Mire unable to attend. 3.2. A request for the review of a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of two (2) back of house offices to two (2) Accommodation Units, located at 715 West Lionshead Circle/West Day Subdivision (Vail Marriott Mountain Resort), and setting forth details in regard thereto. (PEC 18-0024) Applicantfliamondrock Vail Owner LLC, represented by Mauriello Planning Group Planner: Jonathan Spence 1. The applicant shall mitigate the impact on employee housing of this development in accordance with the provisions of Chapter 12-23, Commercial Linkage, Vail Town Code prior to the issuance of any building permit. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. Planner Spence began by introducing the application and gave a presentation with the plans and drawings. Spence stated a major alteration is necessary when adding accommodation units. Spence added the project has ample GRFA for the conversion. The newly adopted transportation fee is applicable for the project. Dominic Mauriello confirmed altering offices to two accommodation units. He provided no further presentation. Kurz confirmed no public input. 15 min. August 7, 2018 - Page 231 of 3� PEC Comments Kjesbo — The application is straight forward. No comments. Gillete — Agree Stockmar — No comments. Perez — No comments. Hopkins — No comments. Kurz — Believes the applicant is complying with employee housing and transportation provisions. Gaining two accommodation units is a positive for the Town. Brian Stockmar moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 3.3. A request for the review of an Exemption Plat, pursuant to Section 13-12-3, Plat Procedure and Criteria for Review, Vail Town Code, to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0025) ApplicantVailPoint LLC, represented by Pylman & Associates, Inc. Planner: Jonathan Spence Planner Spence began by introducing the application and stated it would be best to discuss Items 3.3 and 3.4 together. Spence presented three correspondences provided to Staff through email. He then presented an overview of both items. Rick Pylman, representative of the applicant, provided a presentation to the PEC. Pylman provided history on 366 Hanson Ranch Road. Lot D was originally sold by Vail Associates in 1963, prior to zoning and subdivision regulations. Prior to incorporation into the Town, Lot D was subdivided. There are three parcels that were split off from Lot D. Pylman stated there has been a fence area around the Lot for a long time and many subsequent owners. Pylman clarified the areas around the Lot has been zoned Public Accommodation. The blue area shown is the original deeded property, the hatched areas, which are fenced, are outside the deeded area. Pylman stated the area will all be zoned Public Accommodation. Pylman stated there are covenants on D-1 and the subject property. The applicant stated the covenants remain unaffected. Spence added the covenants will remain unaffected per speaking with the Town Attorney as well. He added this is private space. Stockmar asked is there an anticipation of a potential expansion to the house? Pylman stated the lot becomes conforming to the minimum lot size. 15 min. August 7, 2018 - Page 232 of 3� Stockmar stated the house is at its maximum for GRFA. Gillete asked if there is a such thing as Private Open Space. Spence stated we should clarify the zoning of the property since 1971 has been as error since following the meets and bounds description. Staff believes the property within the fence is private side and backyard, not Open Space. Perez asked why is the applicant replatting but not replatting into the correct zone district. Spence — The request to plat is to combine the two lots. The appropriate zoning for this property per the adopted plans is PA. Hopkins — Asked why the zone district is changing with this application. Spence — Staff stated we do not allow properties to have multiple zoning. He also clarified the hatched area of the fence now has a legal description and is a parcel with the court's description. The hatched area is now under the ownership of 366 Hanson Ranch Road after court order. Perez — Are there any development agreements with Vail Resorts that affect private agreements? Spence — There was a workshop meeting with Town Council to discuss the covenants that existed at that time and present day. Pylman — Stated the client is looking at the possibility of building a lodging type use within the site. Stockmar — Asked if there is something happening in the background outside of the application, such as expanding GRFA. Spence — Clarified its current use as Single Family would not allow expansion. There are underlying covenants that severely restrict future development. Kjesbo — If the applicant were to build in the future, Kjesbo clarified the setbacks for the zone district. Kurz — Asked Spence to clarify the notice requirements of the PEC. Spence — Listed the recipients of the notice, which met all requirements of the Code. Pylman — Did add the newspaper notice was met as well. Public Comment Carol Krueger — Kruger was one of the email correspondents with staff. She asked what reasonable expectations for redevelopment could occur on the site. Kruger then explained the history of Lot D. She asked the Town to be clear what the expectations are as this property has been zoned Open Space. She asked does the Town intend for this property to remain Open Space in the future. Kruger stated a plat restriction was a viable option. August 7, 2018 - Page 233 of 3� Spence — Private covenants and zoning are two separate matters. As far as open space, covenants relate to above ground improvements. The expectation for a redevelopment is that the lot will be developed per the lot's zone district. The Town generally does not zone a private space as Open Space. Gillete — How is the private open space maintained through a development, such as Grand Traverse. Spence — It would not be a rezoning, but would be an amendment to the development plan. Hopkins —Asked what would happen if the Town did not vote to change the zoning. Spence — Explained the consequences of not voting for approval of the application. Spence stated the Town of Vail is a party to the covenants, including members of the subdivision and different layers. Gillette —Asked how the PEC would preserve the open space. Spence — Stated this has functioned as private property. It has the zoning of Agricultural and Open Space. The historic property line has existed for over 50 years and has been perceived as private open space as the backyard of the single family home. Sarah Baker (Attorney for the applicant)— To enforce the covenant is the best way to verify the area is not developed in the future. Stated the Town has enforceable covenants which it can enforce. Gillette —Asked if the applicant would plat the area as Open Space. Stockmar — Stated the PEC has not seen the covenants. Spence —Added the covenants should not influence the PEC's decision today. Sarah Baker — Explained the three covenants. Kurz — Stated the PEC is asked to review what is before the PEC today. The PEC is now faced with cleaning up something that was created 50 years ago. Kurz stated the PEC look at the two items (3.3 and 3.4) together and vote on the direction that the PEC has been asked today or table if the public has not been provided enough information. Stockmar — Stated this is a difficult parcel with much time that has passed since this has been done. Spence — Clarified that Commissioner Stockmar is referring to one owner. Stockmar — Wants to know the history and what is going on present day. He is trying to figure out what is going on and cannot make a decision based on uncertainties. Spence — Stated you are being asked today to vote on a consolidated exemption plat and a recommendation to Town Council for a rezoning. August 7, 2018 - Page 234 of 3E PEC Comment Gillette — A split rail fence should not dictate the Town of Vail zoning Code. Stated it should remain the way it is today. The intent that the area was intended to be Open Space and should remain as open space. Stockmar — Stated the PEC look at tabling the application and have the applicant provide the applicable covenants. Perez — Asked for the "linked commitment" Baker — Stated she could read the three covenants. Baker then read the applicable private covenant recorded July 8, 1963, which references the south area, not D-1. Baker then read the covenant for Tract E. Baker read the covenant from 1971. Gillette — The PEC cannot enforce the covenants, but can enforce open space. Kjesbo — Stated he believes it should be consolidated. The PEC cannot deal with private covenants, but they are in place. He stated he would like to see the application approved. Hopkins — The zoning was implemented in 1971 around the Tivoli. It was intended for the area to be open space and she wants to preserve the area. Hopkins wants to enforce the covenants around D-1. It is one of the few cut through points to the mountain during the winter. Kurz — Agrees with Kjesbo. Stated he had a concern earlier with notification and stated notices were given appropriately and on time. The fact that the PEC received three letters today, means the PEC should not table today due to the notice. Nuebecker — Stated the PEC should focus on the zoning criteria. Perez — Asked who is in violation to the view corridor. Spence — Confirmed there is no view corridor on site. The existing covenants and zoning would provide development standards and protections. Hopkins — Asked about the potential to build a 24' wide drive aisle near the trail. Stockmar — It appears the applicant has met the requirements that are necessary to be met. Kurz — Stated the PEC should not ignore the findings provided by Staff. The decision should be based on Staff's findings and the criteria provided. Gillete — Motioned for denial based on Goal #4 of the Vail Village Master Plan. The motion failed without a second. Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it passed (4-2). Ayes: (4) Hopkins, Kjesbo, Kurz, Stockmar Nays: (2) Gillette, Perez August 7, 2018 - Page 235 of 3� Absent: (1) Lockman 3.4. A request for a recommendation to the Vail Town Council for a zone district 20 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto. (PEC18-0022) ApplicantVailPoint LLC, represented by Pylman & Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it failed (3-3). Ayes: (3) Kjesbo, Kurz, Stockmar Nays: (3) Gillette, Hopkins, Perez Absent: (1) Lockman 3.5. A request for review of Major Exterior Alteration, pursuant to Section 12-7B- 45 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) The applicant is returning to the PEC to discuss discreet elements of the project. No request for formal action is being made at this time. Staff requests that this item be continued to the July 9, 2018 Planning and Environmental Commission meeting. ApplicantBattle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence https://www.youtube.com/watch?v=OanGZnfflns&t=11s (Video of automated parking system) Planner Spence began by introducing the application and gave a brief overview. Tom Braun then spoke on behalf of Battle Mountain LLC. Braun wanted a follow up to what happened at the previous PEC meeting. The applicant made refinements to the plans and intends to present the revised plans today. Braun walked the PEC through today's agenda covering discussion topics from the 6/11 staff memo. Today's follow up discussion will cover live beds, setback variance/west wall, and roof and wall interface. Setback Variance — The site plan shows unified development at the site. The setback allows for the sites to be merged together. Braun showed several different solutions to the large western wall, including a mountain graphic profile. Kurz — Stated Braun has addressed the PEC's original comment. Stockmar agreed. Roof/Wall Interface — Stated the applicant looked at a lot of different solutions. The south elevation was shown. The dormer brought out to edge August 7, 2018 - Page 236 of 3� and removed large eave line. Stockmar — Stated the applicant accommodated the PEC's request and is moving in the right direction. Spence — Staff has had the opportunity to review what the PEC sees before them today. Staff is supportive of the changes. Roof Material and Snow Shedding — Braun shared photos from other examples of buildings in Town showing the material. North Elevation — The rendering shows changes to windows and the dormer added. This shows the reduction in balconies and windows to reduce intrusion of the property to the north. Automated Parking —Automated is used to increase efficiencies, particularly when working with a small lot and dense areas. There has been a rapid increase in automated systems in the United States. Braun then shared a video of the automated system. Braun stated two cars can move simultaneously with two elevators. The technology will either be ticket based or fob based systems. Gillette — Asked if a traffic study would be completed to study the demand ratio to number of cars would work in the Town of Vail. Braun — Stated the system can park a car within 90 seconds. The parking is not for retail parking. Gillette — Asked if City Lift has dealt with a large amount of silt and salt during the winter months. Braun — Maintenance occurs quarterly, but the rate can be increased, if necessary during the winter months. A system has been installed in Wisconsin and has been running well, even during the winter months. On the operations side, most issues are fixed on a computer in LA. One example is a switch goes out, then a local service provider is sent on sight. Stockmar — Confirmed access will be taken from the existing alley, which is a nightmare currently when traffic backs up. Braun — A good portion of the alley is in the shade. The alley will be heated to address the past ice issues. Stockmar — Asked how will parking violations be avoided in the future along the alleyway. Braun — Both parties will remedy the situation in the future. Kjesbo — Asked if a ramp system would work? Kit Austin — Pierce Architects looked at ramp systems and the ramp would be inefficient, if not impossible. Braun — Confirmed there will be two elevators for the cars. Stockmar — Asked if there will be a connection to the property to the west. August 7, 2018 - Page 237 of 3� Braun — Confirmed there will be no connection. Pay in Lieu Parking — Parcels in green are the Village Core Area and a few areas to the eastern side of Lionshead to be within the zone. Parking cannot be located on the sites within the zone. Braun explained the rationale for the amendment for the area to be removed from the pay in lieu area. Existing/Interim/Proposed Parking — Braun presented existing parking spaces, including the following: Launch — 52 spaces Lazier — 91 spaces • Total — 143 spaces Proposed Parking includes a total of 71 spaces or more. 91 spaces are currently shown on plans. PEC Comments Kjesbo — Asked can the PEC provide the applicant how to allocate parking. Spence — No Stewart McNab — Stated there is more than the Launch application. Requested a Condition of approval — parking should match at least the number that is there currently. Spence — The review of the demo of the top deck is not under the purview of the PEC and there is no time limit of when it should be replaced with redevelopment. Stockmar — Stated staff provided the PEC with parking plans during the interim highlighted in the memo. Dale Bugby — Stated parking in Lionshead is in high demand and of high value. The original letter than talked about 69 spaces needed to be protected on the site. There are now four buildings without parking spaces that cannot be utilized today. Concerned about closing ramp, which is an access point for his property. Gillette — Asked if Matt Mire will be at the next meeting. Spence — Stated it will be an executive session and specific questions should be highlighted before meeting with the Town Attorney. Bob Lazier — Stated 69 spaces for Lift House is not the correct number. Parking will be covered in the future by replacing what is there currently with the same number, if not more parking. PEC Comment Kjesbo — The applicant reviewed the PEC's questions. He is still mixed on mechanical parking, but understands why the applicant needs to do it. Still questions the north side from a design perspective, but the DRB will review the elevation. The applicant addressed the roof very well and looks forward to the final design. August 7, 2018 - Page 238 of 3� Gillette — No comment. Stockmar — Thanked the applicant for resolving the lid issue. The north facade is still boring, but it is outside the PEC's purview to address. He has seen the automated parking work over the years, even in bigger buildings. Perez — Thanked Staff and the applicant for addressing concerns. Concerned though over the size of the parking garage due to the large number of visitors. Perez asked for clarification over size of vehicles and if the garage can accommodate most vehicles. Kjesbo — Worried about sludge and maintenance of the automated garage. Asked how long it could take to fix an issue with the garage. Hopkins—Appreciated the changes and the plans are getting better. Kurz — Believed the building is more appealing today than at the last meeting. Kurz would like to see more in terms of the automated parking video and how it would work in Vail's environment. Additionally, how the winter climate will impact the garage with slug and build up. He stated there are 69 spaces for Lift House and others state this is not correct. He would like to see the parking issue agreed to by all parties. Braun — Stated he and the applicant will return with more information on the parking system. Braun stated he wants to focus on Launch's property today, not Bob's project. Kjesbo — Stated if the applicant meets the parking requirement, the PEC should not have to review private agreements. Staff requests all four items be tabled to July 9 meeting. Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.6. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 5 min. August 7, 2018 - Page 239 of 3� 3.7. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove Lot 1A, Lot 2A and Tract K of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18- 0019) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.8. A request for the review a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.9. A report to the Planning and Environmental Commission on the Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-8B-3, Conditional Uses; Accessory buildings (permanent and temporary), Vail Town Code, to allow for the replacement of the existing golf starter shack with a new starter shack building at the Vail Golf Course, located at 1655 Sunburst Drive, a collection of platted and unplatted parcels (a complete legal description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC 18-0023) Applicantl/ail Golf Course, represented by Pierce Architects Planner: Justin Lightfield Kjesbo recused himself as a member of the Vail Rec. Board Planner Lighfield explained the project and staff's action. Kit Austin explained that it would not impact the course or play. 5 min. 5 min. 5 min. August 7, 2018 - Page 240 of 3� Stockmar questioned the heaviness of the roof. No formal action taken. 3.10. A request for review of a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0020) ApplicantiVlichael & Yoshimi Moore, represented by Visual I mpax Planner: Justin Lightfield Variance 1: Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Approval of this variance is contingent upon the applicant obtaining Eagle River Water & Sanitation District approval for this proposal. 3. The square footage of the hammerhead driveway shall be reduced and landscaping shall be added between the hammerhead and the public road. 4. Curb and gutter shall go from the western corner of the subject property to the eastern corner of Rush Condominium lot. The improvement costs shall not be borne by the Town of Vail. 5. The parking spaces shall be labeled for each individual condo owner at the Rush Condominiums (1-4). 6. The plan to be approved by the Design Review Board shall incorporate all practical measures to prevent additional parking anywhere to the east of the proposed garage. Brian Stockmar moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman Variance 2: Section 14-3-1, Minimum Standards, Curb Cuts 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Approval of this variance is contingent upon the applicant obtaining Eagle River Water & Sanitation District approval for this proposal. 3. The square footage of the hammerhead driveway shall be reduced and landscaping shall be added between the hammerhead and the public road. 4. Curb and gutter shall go from the western corner of the subject property to the eastern corner of Rush Condominium lot. The improvement costs shall not be borne by the Town of Vail. 5. The parking spaces shall be labeled for each individual condo owner at the Rush Condominiums (1-4). 6. The plan to be approved by the Design Review Board shall incorporate all practical measures to prevent additional parking anywhere to the east of the proposed garage. 30 min. August 7, 2018 - Page 241 of 3� Planner Lighfield spoke to the changes since the last meeting. The applicant, Scott Handler with Visual Impaxwalked the commission through the changes, primarily to the parking layout. A brief discussion of the fire hydrant was held. Hopkins asked about the location of the stairs and trash in relation to the parking and garbage containers. The applicant provided clarification. Stockmar asked about the existing parking conditions, double parking etc. Tom Kassmel spoke to it occurring elsewhere in town and feels that the proposal will be an improvement. Spoke to the possibility of curb and gutter. The applicant spoke to the solution to the double parking situation. Hopkins asked about snow removal. Gillette spoke to the purpose of the variance and one parking space per unit. Hopkins spoke to the lack of a hammerhead and the excessive amount of pavement to the west. Gillette clarified the request to remove pavement and replace with landscaping. Kassmel spoke to the number of parking spaces required and vehicle movement. The applicant spoke to his willingness to change the plans but thought it would not be approved by the Town Engineer. Hopkins asked that the DRB be directed to address access to the condos and the west pavement. Perez is struggling and feels that the project has gone backwards. Too much parking. Recommends a reduction in pavement. Stockmar- Applicant has responded to requests. Recognizes challenges. Concurs about a reduction in pavement. Gillette -Would like a COA regarding labeling the parking spaces Kjesbo- Recommends further design changes to restrict parking and allow adequate snow storage. Stockmar-Would recommend negotiating with Rush condos to solve the parking situation. Kurz- Concurs with Rollie that design solutions are needed to prevent unwanted parking. Appreciated applicants response to Commissioners concerns. Brian Gillette moved to approve with conditions. Brian Stockmar seconded August 7, 2018 - Page 242 of 3E the motion and it passed (6-0). Absent: (1) Lockman 4. Approval of Minutes 4.1. PEC Results June 11, 2018 5. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department August 7, 2018 - Page 243 of 3E 366 Hanson Ranch Road Exemption Plat Application & Zone District Boundary Amendment Petition May 2018 August 7, 2018 - Page 244 of 3. 366 Hanson Ranch Road Exemption Plat Application & Zone District Boundary Amendment Petition May 2018 Prepared for: VailPoint, LLC 100 Saint Paul Street Suite 400 Denver CO 80 20 65140 Prepared by: Pylman & Associates, Inc. 137 Main Street C107W Edwards CO 81632 970-926-6065 2 August 7, 2018 - Page 245 of 3. Table of Contents I. Introduction 4 II. Existing Conditions 4 III. Existing and Proposed Zoning 5 IV. Exemption Plat Review Criteria 8 V. Zone District Amendment Review Criteria 10 VI. Summary 14 VII. Existing Condition Photographs 15 Figure 1 — Existing Conditions Map Attachments: Eagle County District Court Order and Decree Quieting Title Title Report Lot 1, 366 Hanson Ranch Road Subdivision Exemption Plat 6 3 August 7, 2018 - Page 246 of 3E I. Introduction VailPoint, LLC, a Colorado limited liability company ("VailPoint") is requesting Town of Vail approval for two land use actions: (1) an Exemption Plat pursuant to Title 13, Chapter 12 of the Town of Vail Municipal Code ("Code") and (2) a Zone District Amendment pursuant to Code Title 12, Chapter 3. The exemption plat encompasses property legally described as a Part of Lot d, Block 2, Vail Village First Filing and also including a portion of Lot d-1, Block 2, VailVillage Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The request is for a consolidation of parcels currently described by metes and bounds into one single lot. The zone district amendment requests rezoning of a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The lands proposed for zone district amendment fall within the boundaries of the exemption plat. The property address is 366 Hanson Ranch Road. VailPoint is the legal owner of record of the lands within the boundary of the proposed exemption plat. The plat that accompanies this application is titled Lot 1, 366 Hanson Ranch Road Subdivision. Also submitted with this application in compliance with Code Section 13-3-6.B.3.q(5) is a title commitment prepared by Land Title Guarantee Company, noted as Order No. V50 0 50 3605 with an effective date of April 30, 2018, in satisfaction of the requirement for evidence of VailPoint's ownership in fee simple of the lands within the proposed subdivision. In accordance with our pre -application conference on May 22, 2018, it is our understanding that given the nature of this request, the Town is not requiring an environmental impact report, engineering plans, topographical map/grading plan, landscape plan, or other materials identified in Code Section 13-3-6.B.3.q. II. Existing Conditions In 1963, VailAssociates conveyed the entirety of Lot d, Block 2, VailVillage First Filing ("Lot d") to Christiania -at -Vail, Inc. (Vail Point's predecessor in title). Lot d is comprised of the present-day Christiania at Vail Lodge, the Chateau Christian Condominiums, and the single family residence at 366 Hanson Ranch Road. Over time—and apparently prior to enactment of subdivision regulations in the Town—Christiania- at-Vail, Inc. severed portions of Lot d. They did so by recording deeds that described these smaller parcels by metes and bounds description. These deeds effectively served to subdivide Lot d, although 4 August 7, 2018 - Page 247 of 3E not through the process that would be required today. The property at 366 Hanson Ranch Road is one of these severed parcels. The property has an existing residence that was built in the early 1960's, prior to the incorporation of Vail as a Town in 1966. It is located between the Christiania at Vail Lodge and Chateau Christian Condominiums to the west, and the Tivoli Lodge to the east. The land to the south of the home and to the east of the home (between the home and the Tivoli Lodge) is owned by Vail Resorts. The land to the east of the home is Lot d-1, Block 2, Vail Village Fifth Filing. The lands south of the home are a part of Tract E, Vail Village Fifth Filing. For as long as 50 years, the property within the proposed exemption plat has been surrounded by a fence. For whatever reason, the fence was not built on the deeded property line and instead encloses a larger area, both to the south and east. The previous owners have all treated the fenced area as an integral part of the property and have landscaped and maintained it consistent with the remainder of the property. In January, 2018, the Eagle County District Court entered an Order and Decree Quieting Title ("Court Order") to this area outside the deed boundary but inside the fence. Recognizing the historic conditions, the Court Order declared VailPoint to be the fee simple owner of all of the lands within the fence. The intent of this application is to complete the process started by the Court Order. The plat application seeks exemption plat approval, consolidating the lands inside the fence into a single parcel.' Simultaneously, the re -zoning application seeks to rezone the property subject to the Court Order from Agriculture and Open Space (A) to Public Accommodation (PA), consistent with the existing zoning of the remainder of Lot d. The total area of land within the existing fence and proposed lot is 13,242 square feet. The original metes and bounds description of the 366 Hanson Ranch Road property consists of 7,862 square feet. The additional areawithin the fence that the Court recognized as VailPoint's property is 5,380 square feet. III. Existing and Proposed Zoning Following the Town of Vairs incorporation in 1966, the town enacted a zoning ordinance for the first time in 1971. The lands in this neighborhood—including the existing home at 366 Hanson Ranch Road, the Christiania, the Tivoli and other neighborhood properties—were zoned as Public Accommodation District ("PA"). The goal of the PA Zoning is to create an active bed base that supports the Town's economic and land use objectives as a destination resort. ' While an exemption plat falls within the Town's subdivision regulations, the term "subdivision" is a misnomer in this situation. Rather than divide property, this application seeks consolidation of two existing parcels. 5 August 7, 2018 - Page 248 of 3E Specifically, as written in Article A, PA Zone District, Code Section 12-7A-1 Purpose of the Code, the stated intention of the PA zone district is to "provide sites for lodges and residential accommodations for visitors". The list of permitted uses does not include the existing use of a single family residence. In addition, the minimum lot size allowed in the PA Zone District is 10,000square feet. As the home was apparently constructed prior to incorporation of the town and the establishment of the zoning, the existing use is classified as a legal non -conforming use and the lot has been considered a legal non -conforming parcel. Although the Town's zone boundaries are not drawn at a scale sufficient to understand where exactly the boundary between districts actually lies, since zone district boundaries typically follow platted property lines, the property that is the subject of the Court Order—that is, the portion of Lot d-1, Block 2 Vail Village Fifth Filing and the portion of Tract E, Vail Village Fifth Filing that are within the fenced area—are presumably zoned Agricultural and Open Space ("A"). Consistent with Code Section 12-5-5's guidance that zone boundaries follow lot lines, a companion re -zoning application requests that the lands subject to the Court Order be zoned to match the existing PA Zone District of the remainder of the proposed lot. This will bring the lot into conformance with the 10,000square foot minimum size requirement for the PA zone district and rectify the non -conforming lot status. The existing fence will become both the lot line and the zone district boundary. See Figure 1, Existing Conditions. 6 August 7, 2018 - Page 249 of 3E 7 August 7, 2018 - Page 250 of 3E IV. Exemption Plat Review Criteria Code Section 13-2-2 defines Exemption Plat as "The platting of a portion of land or property that does not fall within the definition of a "subdivision" as contained in this section. A "Subdivision" means a tract that is divided into two or more lots. Therefore, the Exemption Plat process is appropriate because this platting consolidates, rather than divides, tracts. Code Title 13, Chapter 12 establishes the Exemption Plat review procedures and references the standard Town of Vail criteria for review of a Final Plat as the criteria for review of an Exemption Plat. These criteria are set forth in Code Section 13-3-4. Final Plat Review Criteria: 1. The extent to whichthe proposed subdivision is consistent withall the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible w ith the development objectives of the tow n. Applicant response: Typically, properties within the Town are platted; this property is perhaps a rare exception. Defining property boundaries by subdivision—rather than by metes and bounds description—provides simplicity and certainty for landowners and local jurisdictions alike. This Exemption Plat application serves to memorialize the historic use of this fenced, unplatted parcel and implement the Court Order in a manner that provides clarity for the public record. The exemption plat does not create new parcels of land; rather. The proposed plat does not have any substantive effect on any the adopted goals, objectives and policies of the Vail comprehensive plan. The recognition of the lands within the fenced area as a single parcel eliminates the non -conforming size status of the lot and therefore is compatible with and advances the development objectives of the town. 2. The extent to which the proposed subdivision complies w ith all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations" of this code, and other pertinent regulations that the planning and environmental commission deems applicable. Applicant response: The proposed exemption plat application is accompanied by a companion file that requests rezoning of the 5,380 square feet inside the fence to the Public Accommodation ("PA") Zone District. This action will create consistent zoning for all of the lands within the fenced area of 366 Hanson Ranch Road and will also bring the parcel into conformance with the minimum lot size standards for the PA Zone District. 8 August 7, 2018 - Page 251 of 3E 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent withmunicipal development objectives. Applicant response: The proposedlot has long been used as a single, integrated parcel of unplatted property. The proposed exemption plat, which has been preceded by the Court Order recognizing VailPoint's ownership to the entire fenced parcel, enables the property to be platted consistent with its historic use. Moreover, as described above, the property exists today in something of a historically non -conforming condition, and the requested exemption plat will remedy that, consistent with modern municipal development practices and objectives. The subdivision action will have no material effect upon the land uses outside of the fence. 4. The extent of the effects on the future development of the surrounding area. Applicant response: Because the proposed subdivision consolidates two legal parcels, it should have no effect upon future development of the surrounding area. 5. The extent to whichthe proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. Applicant response: This proposed plat consolidates 5,380 square feet of land into the primary, presently unplatted parcel of 7,862 square feet, all located within the historical fenced area of 366 Hanson Ranch Road. This action will have no adverse effect upon delivery of public services or require any duplication of public facilities. The action does not result in any "leapfrog" pattern of development. 6. The extent to whichthe utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines. Applicant response: The proposed plat will not create any demand upon utility service capacities in the service area. 7. The extent to which the proposed subdivision provides for the grow th of an orderly viable community and serves the best interest of the community as a whole. 9 August 7, 2018 - Page 252 of 3E Applicant response: The proposed plat proposes no change that would have any effect on the overall orderly viable growth of the community. The consolidation of the parcels within the fence and the companion rezoning application will create a parcel that meets the minimum lot size of the long term PA zoning, eliminating the existing legal non -conforming status of the parcel. Additionally, the proposed plat will formally plat a presently unplatted parcel. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Applicant response: The proposed plat seeks to plat, for the first time, adjacent lands that have historically been integrated. The subdivision action alone will not result in any change to those lands and therefore will have no effect upon any of the above natural features. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. Applicant response: No applicant response necessary. V. Zone District Amendment Review Criteria The petition for zone district boundary amendment requests rezoning of the 5,380 square feet of property that is the subject of the Court Order; that is, the property that is inside the fence, but outside the historic metes and bounds legal description of the parcel commonly known as 366 Hanson Ranch Road. The goal of the rezoning application is to align the zoning and plat boundaries. Code Section 12-3-7 sets forth the criteria for the review of amendments to zone district boundaries. Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible w ith the development objectives of the tow n 10 August 7, 2018 - Page 253 of 3E Applicant response: The Vail Land Use Plan designates this area of the community as Vail Village Master Plan and utilizes the Vail Village Master Plan as the detailed land use plan. The Public Accommodation Zone district designation for this property is consistent with the adjacent parcels and is consistent with the goals, objectives and policies outlined in the Vail Village Master Plan. The lands within the fence have long been perceived and used as an integral part of the existing home. The amendment of the zone district boundaries to conform to the fenced area will have little or no overall effect upon the larger goals of the community. The amendment will bring the existing lot into size conformance with the minimum lot size of the existing Public Accommodation Zone District. There are six primary goals of the Vail Village Master Plan. Goals #1 and 2 relate to re -development and upgrading of private buildings. Goal #1 does support the high quality upgrading of residential and commercial buildings. This petition is one step in the process of ultimately redeveloping and upgrading the present, obsolete residence. Goal #2 does support the Public Accommodation Zone District designation as an important economic goal of the community. This petition has no relation or bearing on Goals #3, #5 or #6. Goal #4 is relative to open space and is relevant to the zone district boundary amendment request. Because it was within the fence, the 5,380 square feet of area proposed for zone change has likely not ever been a part of the perceived open space corridor behind or adjacent to the home. The VailVillage Master Plan was originally adopted in 1990. The area proposed for re -zoning has been enclosed by a fence, landscaped as part of the yard and used exclusively and privately by the owners of the home since well prior to, and since, 1990. The re -zoning of this land will not impact the historic area of perceived open space that exists in this area. The lands outside of the fence will remain zoned as open space. The VailVillage Master Plan Goals#1, #2 and#4 and the relevant objectives and policies are indicated below. GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TOSUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A W HOLE. Objective 2.1: Recognizethe variety of land uses found in the 11 sub -areas throughout the Village and allow for development that i scompatible wi ththese established land use patterns. Policy 2.1 The zoning code and development review criteria shall be consistent with the goals and objectives of the Vail Village MasterPlan. 11 August 7, 2018 - Page 254 of 3. Objective 2.3: Increase the number of residential uni tsavailable for short term overnight accommodati ons. Policy 2.3.1: The development of short term accommodation uni tsi sstrongly encouraged. Residential uni is that are developed above existing density levels are requi redto be designed or managed i n a manner that makes them available for short term overnight rental. GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREENSPACE OPPORTUNITIES. Objective 4.1: Improveexisting open space areas and create new plazas wi thgreenspaceand pocketparks. Recognizethe different roles of each type of open space i nforming the overall fabric of the Village. Policy 4.1.3: With the exception of ski base -related facilities, existing natural open space areas at the base of V ai I Mountai nand throughout Vail Village and existing greenspaces shall be preserved as open space. (2) The extent to w hichthe zone district amendment is suitable w iththe existing and potential land uses on the site and existing and potential surrounding land uses as set out in the tow n's adopted planning documents. Applicant response: The existing land use of the property is as a yard and landscaping for the adjacent non -conforming single family home. The proposed re -zoning will not, alone, change the existing use of the land that is subject to the rezoning. The Town's GRFA and other development restrictions make it improbable that the use of the vast majority of the area subject to rezoning will materially change, even when the property is re -developed. A potential, conforming future use of the entire parcel under the Public Accommodation zone district would be compatible with the town's adopted planning documents. The proposed zone district boundary amendment and the companion exemption plat action will resolve a long-term fence boundary issue. The parcel size will now conform to the minimum lot size requirement of the PA zone district. The existing home has been suitable with the surrounding land use and a future, conforming use under the Public Accommodation Zone District would likewise be consistent with adjacent properties. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent withmunicipal development objective. Applicant response: The proposed amendment adjusts the existing zone district boundaries to applya consistent zoning to all of the fenced area of 366 Hanson Ranch Road. This amendment does not effect to any material extent the harmonious, convenient, workable relationship among land uses. (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a w hole 12 August 7, 2018 - Page 255 of 3E Applicant response: The zone district boundary amendment proposes to recognize the lot boundary correction and maintains the Public Accommodation zoning of the 366 Hanson Ranch Road property. This zone district designation is consistent with the VailVillage Master Plan and does not constitute spot zoning. The application fosters order in the sense that it aligns zone district and subdivision boundaries. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Applicant response: The proposed amendment has no adverse impact upon the natural environment. The 5,380 square feet that are the subject of this application are currently landscaped as a part of a residential yard and are enclosed by a fence. (6) The extent to whichthe zone district amendment is consistent withthe purpose statement of the proposed zone district. Applicant response: The historic parcel boundary is zoned Public Accommodation but is legally non -conforming due to its size and present use. The minimum lot size for the PA Zone district is 10,000square feet, the existing home sits on a 7,862 square foot parcel. The addition of the 5,380 square feet will bring the lot into conformance with the minimum size standard. This proposed amendment is completely consistent with the purpose statement of the Public Accommodation Zone District, in fact correcting existing inconsistencies. (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property w asadopted and is no longer appropriate. Applicant response: The property proposed to be re -zoned has been an integral part of the primary home parcel for perhaps as long as zoning has been enacted in the Town of Vail. The lands within the fence are not integrated into the adjacent Agricultural and Open Space lands outside of the fence. The property within the fence falls under the same condition as the primary home parcel. The need for the zone district boundary amendment arises from the inconsistency between the historic deeded property boundary and the location of the fence. Now that the fence line has been determined to be the property boundary, it is appropriate to rezone so that the entire property is subject to only one zoning designation. 13 August 7, 2018 - Page 256 of 3E (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. Applicant response: No applicant response is necessary. VI. Summary The proposed exemption plat and zone district amendment applications are intended to consolidate the previously unplatted parcels that have had an integrated use for as long as 50 years into one singly platted lot with a consistent zoning. The applications are necessitated by historic errors in boundary descriptions or fence construction, and are the final stage of implementing the "clean up" reflected by the Court Order. This action is in conformance with the Town's goals as articulated in the VailVillage Master Plan and is in conformance with the Town of Vails regulations. VII. Existing Condition Photographs Aerial overview. 14 August 7, 2018 - Page 257 of 3E Existing fence and Tract d-1. 15 August 7, 2018 - Page 258 of 3. Existing Fence and Tract E 16 August 7, 2018 - Page 259 of 3. Eagle County, Co 201800453 Regina O'Brien 01/09/2018 Pgs: 4 02:49:35 PM REC: $28.00 DOC: $0.00 DATE FILED: January 9, 2018 DISTRICT COURT, EAGLE COUNTY, COLORADO Eagle County Justice Center 885 Chambers Avenue Eagle CO 81631 Plaintiff: VAILPOINT, LLC, a Colorado limited liability company Defendant: THE VAIL CORPORATION, a Colorado corporation A COURT USE ONLY A Case Number: 2017CV30207 ORDER AND DECREE QUIETING TITLE THIS MATTER comes before the Court upon the Stipulation between Plaintiff, VailPoint, LLC, a Colorado limited liability company, and Defendant, The Vail Corporation, a Colorado corporation. The Court, having read and reviewed the Stipulation, the Court file and applicable law, and otherwise being fully advised in the premises, approves the Stipulation. The Court further finds as follows: A. The Court has jurisdiction over the Plaintiff and the Defendant. B. Venue is proper since this action concerns title to real property located in Eagle County, Colorado. C. Plaintiff and its predecessors have asserted to be in actual, adverse, hostile, open, notorious, exclusive, continuous possession of the Property (defined below) under claim of right, made in good faith, for a period of time in excess of eighteen (18) years. D. Plaintiff and its predecessors in title have had a good faith belief that they owned the Property and that their belief was reasonable under the circumstances. E. The parties have stipulated and agreed that Plaintiff is and shall be the fee owner of the Property pursuant to C.R.S. §38-41-101. 60783181.3 Date Eagle County, Colorado Certified to be full, true and correct copy of this original i my custody. ty Clerk 64''83381.3 IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. Title to the real property described on Exhibit A attached hereto (the "Property'") is hereby quieted in Plaintiff, VailPoint, LLC, a Colorado limited liability company, in fee simple. 2. Plaintiffs title to the Property is free and clear of the claims of the Defendant, The Vail Corporation, subject to any and all easements, covenants, restrictions, and all other matters of record duly recorded against the Property. 3. By virtue of this Order and Decree, all claims in this action have been resolved. Each party herein shall pay its own costs expended herein. Dated this day of -s , 2018. BY COURT: strict Court Judge 4(361c -der August 7, 2018 - Page 261 of 3� 60783iRI.3 EXHIBIT A THE PROPERTY (See attached) August 7, 2018 - Page 262 of 3E I)ATI FILED January 5, 2611: ^_ 4 PM PROPERTY OESCAIPTION That port of Lot d-1, Block 2. and Tract E. Val V9i a e. Fdth FII° nee -wain to the. mop hereof recorded In the °H ee of the Eogie County. Colorado, Clerk and Rscerder, described as lenows: BedinnlIgal ihs southwest corner al said Lot d -k. {hence °long the westerly One of sold Lot d-1 Ng9V0'00 W 60.96 feet to the northwest corner el sold Lot d-1. oleo W.I.-kg on the sorlherly right or way doe of Monson Rand. Reece thence. along the northerly line of sold Lot d-1, also bang the southerly right 01 way of Hanson Reach road. 32.60 feel along the are of a curve to the loft, hoeing a rodlus of 160.17 feel, a delta ongl of 114522. °n4 a chord that beam N7917'23"E 32.62 feat: thence *purling sold northerly Rr{e 50129'30"ri 108.75 feet. thence 1184'04'48"W 131.31 feat to a point of {ha ee lmisian of the rest line of a parcel shown Port of Lot d. chance along sold extension. 1100'00.00'E 19.62 feel to the southwest corner of sod Part of Lal d; thence atony the south lite of add Pert of Lol d, N9n710'60`E 111,21 feel, to the pant of bsglohnd. contdning 5380 square feet, more or lams. CHATEAU CHRISTIAN TOWNHOUSES 0' 20' 40' 60' RAArcti A=32' 13' 14' 8=160. 17' L-90 07` PART OF LOT d 0.1605 ACRES ROAD N90.00'00'E 111.21' (40 R. W. OM MOOT s e 11 t'. a.E-4°t e-0. OM WO mum& eF meat 010.49-14ae TRACT E N 84.o4'44- w 131„ yg• 1-71'41'22" 180.11' L-32.68' C LEN-32,p� ORf;-N7917'23'E LOT d-1 N .103 110 5213 2 August 7, 2018 - Page 263 of 3� ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Property Address: 366 HANSON RANCH ROAD, VAIL, CO 81657 1. Effective Date: 04-30-2018 At 05:00:00 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Order Number: V50050360-5 Customer Ref -Loan No.: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: VAILPOINT, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: PARCEL 1: THAT PART OF LOT D BLOCK 2, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, BEGINNING ATTHE SOUTHEAST CORNER OF SAID LOT D BLOCK 2, VAIL VILLAGE, FIRST FILING, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT D, A DISTANCE OF 111.21 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 90 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF 67.80 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 37 DEGREES 12 MINUTES 30 SECONDS A DISTANCE OF 23.61 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID LOT D; THENCE ON AN ANGLE TO THE RIGHT OF 80 DEGREES 08 MINUTES 50 SECONDS AND ALONG SAID NORTHERLY LINE AND ALONG A CURVE TO THE LEFT HAVING RADIUS OF 160.17 FEET, A CENTRAL ANGLE OF 32 DEGREES 13 MINUTES 14 SECONDS AN ARC DISTANCE OF 90.07 FEET TO THE NORTHEAST CORNER OF SAID LOT D; THENCE ON AN ANGLE TO THE RIGHT OF 86 DEGREES 51 MINUTES 56 SECONDS AND ALONG THE EASTERLY LINE OF SAID LOT DA DISTANCE OF 69.96 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: THAT PART OF LOT D-1, BLOCK 2, AND TRACT E, VAIL VILLAGE, FIFTH FILING, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, DESCRIBEDAS FOLLOWS: BEGINNING ATTHE SOUTHWEST CORNER OF SAID LOT D-1, THENCE ALONG THE WESTERLY LINE OF SAID LOT D-1 N08°00'OO"W 69.96 FEET TO THE NORTHWEST CORNER OF SAID LOT D-1, ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF HANSON RANCH ROAD; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT D-1, ALSO BEING THE SOUTHERLY RIGHT OF WAY OF HANSON RANCH ROAD, 32.68 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVINGA RADIUS OF 160.17 FEET, A DELTAANGLE OF 11°41'22", AND A CHORD THAT BEARS N79°17'23"E 32.62 FEET; THENCE DEPARTING SAID NORTHERLY LINE S01°29'38"W 108.75 FEET; THENCE N84°04' 48"W 131.39 FEET TO A POINT OF THE EXTENSION OF THE WEST LINE OF A PARCEL SHOWN PART OF LOT D; THENCE ALONG SAID EXTENSION, NOO°00'00"E 19.82 FEET TO THE SOUTHWEST CORNER OF SAID PART OF LOT D; THENCE ALONG THE SOUTH LINE OF SAID PART OF LOT D, N90°00'00"E 111.21 FEET; TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. August 7, 2018 - Page 264 of 3E ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50050360-5 Customer Ref -Loan No.: Copyright 2006-2018American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of u se. All other u ses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION August 7, 2018 - Page 265 of 3� ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: V50050360-5 Thefollowingarethe requirements must be met: This proposed Insured must notifythe Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount f orthe estate or interest to be insured. Pay the premiums, fees, and charges f or the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. RECORD DULYEXECUTEDANDACKNOWLEDGED EXEMPTION PLAT. NOTE: A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR TO RECORDATION. UPON RECEIPTAND REVIEW FURTHER REQUIREMENTSAND/OR EXCEPTIONS MAYBE NECESSARY. 2. WRITTEN CONFIRMATION THATTHE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR VAILPOINT, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED JUNE 24, 2015 AT RECEPTION NO. 201511553 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES GEORGE H. SOLICH AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISEAFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. August 7, 2018 - Page 266 of 3E Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: V50050360-5 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specif is covenant, conditions, restriction, or limitation violates state or f ederal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts,rights, interests, or claims thereof ,not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof ,not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Def ects, liens, encumbrances, adverse claims or other matters, if any, created, f irstappearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record f or value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof ;(c) water rights, claims or title to water. (ITEMS 8-12 AFFECT PARCEL 1) 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAINA FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAWAS CONTAINED IN INSTRUMENT RECORDEDAUGUST 10, 1962, IN BOOK 174 AT PAGE 179. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE FIRST FILING RECORDEDAUGUST 6, 1962 UNDER RECEPTION NO. 96382. August 7, 2018 - Page 267 of 3E Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: V50050360-5 12. MATTERS DISCLOSED ON IMPROVEMENT LOCATION CERTIFICATE ISSUED BY EAGLE VALLEY SURVEYING CERTIFIEDAPRIL 20, 2015, JOB NO. 366HANSONRANCH. (ITEMS 13-19 AFFECT PARCEL 2) 13. RIGHT OF WAY FOR DITCHES AND CANALSAS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899 IN BOOK 48 AT PAGE 475. 14. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTSAND AGREEMENTSAS SET FORTH IN THE WARRANTY DEED RECORDED JULY 10, 1963 IN BOOK 177 AT PAGE 127. 15. COVENANTS, CONDITIONS, RESTRICTIONSAND PROVISIONS AS SET FORTH IN PROTECTIVE COVENANTS OF VAIL VILLAGE FIFTH FILING RECORDED NOVEMBER 15, 1965 IN BOOK 187 AT PAGE 353, AMENDMENT THERETO RECORDEDAUGUST 30, 1971 IN BOOK 221 AT PAGE 496 AND AMENDMENT THERETO RECORDEDAUGUST 27, 1984 IN BOOK 393 AT PAGE 492, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 16. EASEMENTS, NOTES, COVENANTS, RESTRICTIONSAND RIGHTS-OF-WAY AS SHOWN ON THE PLAT OF VAIL VILLAGE FIFTH FILING, RECORDED NOVEMBER 15, 1965 AT RECEPTION NO. 102538. 17. EASEMENTS, NOTES, COVENANTS, RESTRICTIONSAND RIGHTS-OF-WAY AS SHOWN ON THE PLAT OF A RESUBDIVISION OF TRACT E, VAIL VILLAGE, FIFTH FILING AND A PART OF LOT C, BLOCK 5-C, VAIL VILLAGE, FIRST FILING AND GOLDEN PEAK HOUSE, RECORDEDAPRIL 25, 1995 IN BOOK 665 AT PAGE 983. 18. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED JANUARY 16, 2018 AT RECEPTION NO. 201800801. 19. THE POLICY TO BE ISSUED WILL GUARANTEE FEE OWNERSHIP AND POSSESSION IN ACCORDANCE WITH ITS PROVISIONS, BUT WILL NOT GUARANTEE MARKETABILITY. MARKETABILITY WILL BE GUARANTEED BEGINNING 6 MONTHS FROM THE ISSUANCE OF THE DECREE, PROVIDED THAT NO STEPS HAVEATTHATTIME BEEN INITIATED TO SET ASIDE OR TO OTHERWISE IMPAIR THE EFFECTOR VALIDITY OF THE DECREE. August 7, 2018 - Page 268 of 3E Land Title - •JI.• - JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement i s provi dedto you as a customer of Land TitleGuarantee Company and Meri di anLand Title, LLC, as agents for Land Title Insurance Corporation and Old Republi c National Ti tle Insurance Company. We want you to know that we recognizeand respect your privacy expectations and the requirements of federal and state privacy laws. Information securityi s one of our hi ghest priorities. We recognizethat mai ntai ni nwour trust and confidenceisthe bedrock of our business. We maintainand regularly reviewinternaland external safeguards agai nstunauthori zedaccess to non-publi c personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receivefrom you, i ncludi ngcommunications sent through TMX, our web -based transaction management system; ► your transactions with, or from the servi cesbei ng performed by, us, our affiliates, or others; ► a consumer reporti ngagency, if such information i s providedto us i n connecti onwithyour transaction; and ► the publi c records mai ntai nedby governmental enti ti esthat we ei ther obtai n di rectlyfrom those entiti es,or from our affiliates and non -affiliates. Our poli ci esregardi ngthe protection of the confidentiality and securityof your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information i n order to provi deproducts and servi cesto you. ► We mai ntai nphysi cal,electronic and procedural safeguards that comply withfederal standards to protect your Personal Information from unauthori zedaccess or i ntrusi on. ► Employees who vi olateour stri ctpoli ci esand procedures regardi ng privacy are subject to disciplinary acti on. ► We regularly accesssecuritystandards and procedures to protect againstunauthorizedaccessto Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consi stentwi th applicable privacy laws, there are some situations i n whi ch Personal Information may be di sclosed. We may di scloseyour Personal Information when you director give us permission;when we are requi red by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or cri mi nalactivities. We also may di scloseyour Personal Information when otherwise permittedby applicable privacy laws such as, for example, when di sclosure i s needed to enforce our rightsarisingout of any agreement, transaction or relationship withyou. Our poli cy regardi ngdi spute resoluti on i s as follows. Any controversy or claim arisingout of or relati ngto our privacy poli cy,or the breach thereof, shall be settled by arbitration i n accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered i n any court havi ngjurisdi cti orthereof. August 7, 2018 - Page 269 of 3� Land Title' GLMHAIITEXNiF44NY S;rnnE r.9457 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a speci al taxi ng district. B) A certificate of taxes due li sti ngeach taxi ngjuri sdi cti onwi II be obtai nedfrom the county treasurer of the county i n whi ch the real property i s located or that county treasurer's authorized agent unless the proposed i nsured provi des wri tteni nstructi onsto the contrary. (for an Owner's Poli cy of Title Insurance pertai ni ngto a sale of resi denti alreal property) C) The i nformati onregardi ng speci al di stri ctsand the boundari es of such di stri ctsmay be obtai ned from the Board of County Commi ssi oners,the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requi res that all documents received for recordi ng or fi 11 ngi n the clerk and recorder's offi ceshall contai n a top margi n of at least one i nch and a left, right and bottom margi n of at least one half of an i nch. The clerk and recorder may refuse to record or fi le any document that does not conform, except that, the requi rementfor the top margi n shall not apply to documents usi ng forms on whi ch space i s provi dedfor recordi ng or fi li ngi nformati onat the top margi n of the document. Note: Colorado Divi si onof Insurance Regulati ons 8-1-2 requi res that "Every title entity shall be responsi blefor all matters whi ch appear of record pri or to the ti me of recordi ng whenever the ti tle enti ty conducts the closi ng and is responsi blefor recordi ng or fi li ngof legal documents resulti ng from the transaction whi ch was closed". Provi dedthat Land Ti tle Guarantee Company conducts the closi ng of the insured transaction and i s responsi blefor recordi ng the legal documents from the transaction, exception number 5 wi II not appear on the Owner's Title Poli cy and the Lenders Poli cywhen issued. Note: Affirmative mechanic'slien protecti onfor the Owner may be avai lable(typically by deleti on of Excepti on no. 4 of Schedule B-2 of the Commitment from the Owner's Poli cyto be issued) upon compliancewiththe followi ng conditi ons: A) The land descri bed i n Schedule A of this commi tment must be a si ngle fami ly resi dencewhi ch i ncludes a condomi ni um or townhouse unit. B) No labor or materi alshave been furnished by mechani cs or materi al-menfor purposes of constructi onon the land descri bed i n Schedule A of this Commitment withinthe past 6 months. C) The Company must receive an appropriate affidavit i ndemni fyi ngthe Company agai nst un-fi led mechani c's and materi al -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction,improvementsor major repairsundertakenon the property to be purchasedwithinsixmonths prior to the Date of the Commi tment, the requi rements to obtai n coverage for unrecorded Ii ens wi II i nclude: disclosure of certai n constructi oni nformati on;fi nanciali nformati onas to the seller, the bui lder and or the contractor; payment of the appropriate premi um fully executed Indemni tyAgreements satisfactory to the company, and, any addi ti onalrequi rements as may be necessary after an exami nati onof the aforesai di nformati onby the Company. No coverage wi II be gi ven under any ci rcumstancesfor labor or materi alfor whi ch the i nsured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, noti ce is hereby gi ven: This noti ce appli es to owner's poli cy commi tments di sclosi ngthat a mi neral estate has been severed from the surface estate, i n Schedule B-2. A) That there is recorded evi dence that a mi neral estate has been severed, leased, or otherwi se conveyed from the surface estate and that there is a substanti alli keli hoodthat a thi rd party holds some or all i nteresti n of I, gas, other mi nerals, or geothermal energy i n the property; and B) That such mi neral estate may i nclude the ri ght to enter and use the property wi thoutthe surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It i s unlawful to knowi ngly provi de false, i ncomplete, or mi sleadi ngfacts or i nformati onto an i nsurance company for the purpose of defraudi ng or attempti ngto defraud the company. Penalti es may i nclude i mpri sonment,fi nes, deni al of i nsurance, and ci vi (damages. Any i nsurancecompany or agent of an i nsurancecompany who knowi ngly provi des false, i ncomplete, or mi sleadi ngfacts or i nformati onto a poli cyholder or clai mantfor the purpose of defraudi ng or attempti ngto defraud the poli cyholder or clai mantwi th regard to a settlement or award payable from i nsurance proceeds shall be reported to the Colorado Divi si onof Insurance withinthe Department of RegulatoryAgencies. Note: Pursuant to Colorado Divisionof Insurance Regulati ons8-1-3, noticeis hereby given of the availability of a closi ng protection letter for the lender, purchaser, lessee or seller i n connecti onwiththi s transaction. August 7, 2018 - Page 270 of 3� * ) Commitment For Title Insurance * Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NOTICE -k �s * IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Noti ce; Schedule B, Part I—Requi rements; Schedule B, Part II—Excepti ons;and the CommitmentConditions,Old republi c Nati onal Title Insurance Company,A Mi nnesota corporation (the "Company"), commits to i ssue the Poli cyaccordi ng to the terms and provi si onsof thi s Commitment.Thi s Commitment is effective as of the Commitment Date shown i n Schedule A for each Poli cydescri bed i n Schedule A, only when the Company has entered i n Schedule A both the specifi eddollar amount as the Proposed Poli cyAmount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requi rements have not been met withi n6 months after the Commitment Date, thi s Commitmenttermi natesand the Company's li abi li tyand obligati onend. COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or i mputed knowledge, but not constructivenoti ce i mparted by the Publi c Records. (b) "Land": The land descri bed i n Schedule A and affixedi mprovementsthat by law constitutereal property. The term "Land" does not i nclude any property beyond the li nes of the area descri bed i n Schedule A, nor any right, title, i nterest, estate, or easement i n abutti ng streets, roads, avenues,alleys, lanes, ways, or waterways, but thi s does not modify or li mitthe extent that a ri ght of access to and from the Land is to be i nsured by the Poli cy. (c) "Mortgage": A mortgage, deed of trust, or other securityi nstrument, i ncludi ng one evi denced by electroni c means authori zed by law. (d) "Poli cy": Each contract of title i nsurance, i n a form adopted by the Ameri can Land TitleAssoci ati on,i ssued or to be i ssued by the Company pursuant to thi s Commitment. (e) "Proposed Insured": Each person identified n Schedule A as the Proposed Insured of each P011 cyto be issued pursuant to thi s Commitment. (f) "Proposed Poli cyAmount": Each dollar amount specifi edi n Schedule A as the Proposed Poli cyAmount of each Poli cyto be i ssued pursuant to thi s Commitment. (g) "Publi c Records": Records established under state statutes at the Commitment Date for the purpose of i mparti ngconstructive noti ce of matters relati ngto real property to purchasers for value and without Knowledge. (h) "Ti tle": The estate or i nterestdescri bed i n Schedule A. 2. If all of the Schedule B, Part I—Requi rements have not been met withi nthe ti me peri od specifi edi n the Commitmentto Issue Poli cy, Comitmenttermi natesand the Company's li abi lityand obli gati onend. 3. The Company's li abi tyand obli gati oni s mitedby and thi s Commitment is not vali dwithout: (a) the Notice; (b) the Commitmentto Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requi rements; [and] (f) Schedule B, Part II—Exceptions[; and (g) a counter-si gnatureby the Company or its issui ngagent that may be i n electronicform. August 7, 2018 - Page 271 of 3E 4. COMPANY'S RIGHT TO AMEND The Company may amend thi s Commi tment at any ti me. If the Company amends thi s Commi tmentto add a defect, li en, encumbrance, adverse clai m, or other matter recorded i n the Publi c Records pri or to the Commi tment Date, any li abi li tyof the Company i s li mi tedby Commitment Condi ti on5. The Company shall not be li able for any other amendment to thi s Commi tment. 5. LIMITATIONS OF LIABILITY (a) The Company's li abi li tyunder Commi tmentConditi on4 i s li mi tedto the Proposed Insured's actual expense i ncurred i n the i ntervalbetween the Company's deli veryto the Proposed Insured of the Commitment and the deli very of the amended Commitment,resulti ngfrom the Proposed Insured's good faithrelianceto: (I) comply wi ththe Schedule B, Part I—Requirements; (i i) eli mi nate,withthe Company's wri ttenconsent, any Schedule B, Part ll—Excepti ons;or (i i i) acqui rethe Ti tle or create the Mortgage covered by thi sCommitment. (b) The Company shall not be li able under Commi tment Condi ti on5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and di d not noti fythe Company about it i n wri ti ng. (c) The Company wi Il only have li abi lityunder Commi tment Condi ti on4 i fthe Proposed Insured would not have i ncurredthe expense had the Commi tmenti ncluded the added matter when the Commi tment was fi rstdeli veredto the Proposed Insured. (d) The Company's li abi li tyshall not exceed the lesser of the Proposed Insured's actual expense i ncurred i n good faithand descri bed i n Commi tment Condi ti ons5(a)(i )through 5(a)0 i i pr the Proposed Poli cyAmount. (e) The Company shall not be li able for the content of the Transaction ldenti fi cati orData, if any. (f) In no event shall the Company be obli gatedto issuethe Poli cy referred to i n thi s Commi tment unless all of the Schedule B, Part I—Requi rementshave been met to the satisfaction of the Company. (g) In any event, the Company's li abi lityi s li mi tedby the terms and provi si onsof the Poli cy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured i denti fi ed n Schedule A, and no other person, may make a claim under this Commitment. (b) Any clai m must be based i n contract and must be restri ctedsolely to the terms and provi si onsof thi s Commi tment. (c) Unti I the Poli cy i s i ssued, thi sCommi tment, as last revi sed, i s the exclusi ve and enti re agreement between the parti eswi th respect to the subject matter of thi s Commitment and supersedes all pri orcommi tment negoti ati ons,representations, and proposals of any ki nd, whether writtenor oral, express or i mpli ed,relati ngto the subject matter of thi sCommitment. (d) The deleti on or modifi cati orof any Schedule B, Part II—Excepti ondoes not consti tutean agreement or obli gati onto provi de coverage beyond the terms and provisionsof thisCommitmentor the Policy. (e) Any amendment or endorsement to thi s Commi tment must be i n writi ng[and authenti catedby a person authori zed by the Company]. (f) When the Poli cyi s i ssued, all abi tyand obli gati onunder thi s Commi tmentwi II end and the Company's only li abi tytnii II be under the Poli cy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The i ssui ngagent i s the Company's agent only for the li mi tedpurpose of i ssui ngtitle i nsurancecommi tmentsand poli ci es.The i ssui ngagent i s not the Company's agent for the purpose of provi di ngclosi ng or settlement servi ces. 8. PRO -FORMA POLICY The Company may provi de, at the request of a Proposed Insured, a pro -forma poli cy i Ilustrati ngthe coverage that the Company may provi de.A pro -forma poli cy nei ther reflects the status of Titleat the ti me that the pro -forma poli cy i s deli veredto a Proposed Insured, nor isita commitmentto insure. 9. ARBITRATION The Poli cycontai nsan arbitration clause. All arbitrable matters when the Proposed Poli cyAmount i s$2,000,000 or less shall be arbitrated at the opti on of ei ther the Company or the Proposed Insured as the exclusive remedy of the parti es.A Proposed Insured may revi ewa copy of the arbitration rules at http://www.alta.org/arbitration. Issued by: Land Title Guarantee Company 3033 EastFirstAvenueSuite 600 Denver, Colorado 80206 303-321-1880 Authori zedOfficer or Agent 0111)11), •` tA, ,TITLE/ 4, . 0 % * 1 : 2 J 4 K* tri ,, Opp . MA' ,: Old Republi cNati onalTi tlelnsurance Company a Stock Company 400 Second Avenue South Mi nneapoli s,Mi nnesota55401 (612)371-1111 MarK Bllbrey President Range Yeager Secretary AMERICAN LAND TITLE ASSOCIATION This page is onlya part of a 2016 ALTA® Commitment for Title Insurance Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule 8, Part II—Exceptionsf; and a counter -signature bythe Company or its issuing agent that may b ein electronic form] Copyright 2006-2016 American Land Title Association. All rights reserved. The use of thi sForm (or any derivative thereof) i s restricted to ALTA li censeesand ALTA members i ngood standi ngas of the date of use. All other uses are prohi bi tedRepri ntedunder li censefrom the American Land Ti tleAssociation. August 7, 2018 - Page 272 of 3E VICINITY MAP T5S, R8OW, 6TH P.M. SCALE: 1 "= 500' FND. REBAR & ALUM. CAP LS #26598 CHATEAU CHRISTIAN TOWNHOUSES T 10.0' 10' UTILITY EASEMENT (RN 96382) 5' UTILITY 510. EASEMENT N 00'00'00" E FND. NAIL & WASHER LS #26598 AD' T 0' n 10' ri 1 EXEMPTION PLAT 4 AXC A V Tr" PART OF LOT d, BLOCK 2, VAIL VILLAGE, FIRST FILING, LOT d-1, BLOCK 2, VAIL VILLAGE, FIFTH FILING AND TRACT E, VAIL VILLAGE FIFTH FILING TOWN OF VAIL, EAGLE COUNTY, COLORADO 20' 30' SCALE: 1" = 10' 0=43'54'52" R=160.17' L=122.76' T=64.57' C LEN=119.78' BRG=S 84'35'51" E 19,414/s0 N 6jANCH PRELIMINARY 5/4/2018 ROAD NOTES: 1) Date of Survey: April, 2018. 2) Land Title Guarantee Company Order No. V 50050360-5, dated 4/30/2018 was relied upon for all title and easement information. 3) Notice: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 4) Basis of Bearings: found monuments at the most south angle point of Lot d-1, Block 2, Vail Village, Fifth Filing & the most westerly corner of Christiana At Vail Condominiums being N66°02'00"W (see drawing). 5) The purpose of this plat is to vacate the property lines and create a single lot to be known as Lot 1, 366 Hanson Ranch Road Subdivision. 6) The U.S. survey foot is the lineal unit used for the dimensions on this plat. 7) The addresses on this plat are for reference purposes only. Please refer to the Town of Vail Department of Community Development for updated addressing information. (40R,O.R.0.\14•) PROPERTY LINE VACATED BY THIS PLAT LOT 1, 366 HANSON RANCH ROAD 0.3040 ACRES 111.21' BUILDING OUTLINE (RN 102538) TRACT E LAND USE SUMMARY Lot Lot 1, 366 Hanson Ranch Road SET REBAR & ALUM. CAP LS #26598 AREA 0.3040 acres 1-f,Ti-1 U -iT/A -67,E--4 1 -IT/ -ILTA 1 ; r.g.• USE PROPERTY LINE VACATED BY THIS PLAT ADDRESS Public Accommodation 366 Hanson Ranch Road 41199 HIGHWAY 6 & 24, EAGLE-VAIL P.O. BOX 1230 EDWARDS, CO. 81632 (970)949-1406 N 84'04'48" 131.39' TRACT E I I I I I 1 I T 1 1 1 1 1 1 1 5' UTILITY EASEMENT 1 1(RN 102538) 1 1 I 1 1 1 1 I ARC=32.68' 1 I 1 1 35.00' 5.0'- i 10' UTILITY EASEMENT (RN 102538) 51.66' 1 S 01'29'38' SET REBAR & ALUM. CAP LS #26598 LOT d-1 20.35' PROPERTY LINES CREATED BY THIS PLAT rn M 5 �O, 5' UTILITY EASEMENT (RN 102538) 5105' UTILITY (RN 102538) EASEMENT TRACT E SET REBAR & ALUM. CAP LS #26598 CERTIFICATE OF DEDICATION AND OWNERSHIP Know all men by these presents that VailPoint, LLC, A Colorado Limited Liability Company, being sole owner in fee simple of all the real property situated in the Town of Vail, Eagle County, Colorado, described as follows: PARCEL 1 FND PIN & LS #16827 CAPj .. i CHRISTIANA AT VAIL %N s. s. Ns T. / CONDOMINIUMS oc r 1 Nos CHATEAU CHRISTIAN TOWNHOUSES 1 t i 11 111 TIVOLI 1 LOT d -1 1 LOT e 1 �1 PART OF LOT d 1�i '1r 1 1 FND PIN & CAP LS #26598 That part of Lot d, Block 2, Vail Village, First Filing, according to the recorded plat thereof, beginning at the southeast corner of said Lot d, Block 2, Vail Village, First Filing; thence westerly along the south line of said Lot d, a distance of 111.21 feet; thence on an angle to the right of 90°00'00", a distance of 67.80 feet; thence on an angle of 3712'30", a distance of 23.61 feet to a point of intersection with the northerly line of said Lot d; thence on an angle of 80'08'50" and along said northerly line and along a curve to the left having a radius of 160.17 feet, a central angle of 32°13'14", an arc distance of 90.07 feet to the northeast corner of said Lot d; thence on an angle of 86°51'56" and along the easterly line of said Lot d, a distance of 69.96 feet to the true point of beginning, County of Eagle, State of Colorado. PARCECL 2 That part of Lot d-1, Block 2, and Tract E, Vail Village, Fifth Filing, according to the map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the southwest corner of said Lot d-1, thence along the westerly line of said Lot d-1 N08'00'00"W 69.96 feet to the northwest corner of said Lot d-1, also being on the southerly right of way line of Hanson Ranch Road; thence, along the northerly line of said Lot d-1, also being the southerly right of way of Hanson Ranch road, 32.68 feet along the arc of a curve to the left, having a radius of 160.17 feet, a delta angle of 11'41'22", and a chord that bears N7917'23"E 32.62 feet; thence departing said northerly line S01°29'38"W 108.75 feet; thence N84°04'48"W 131.39 feet to a point of the extension of the west line of a parcel shown Part of Lot d; thence along said extension, N00°00'00"E 19.82 feet to the southwest corner of said Part of Lot d; thence along the south line of said Part of Lot d, N90°00'00"E 111.21 feet; to the point of beginning, County of Eagle, State of Colorado.. has by these presents laid out, platted and subdivided the same into parcels as shown on this final plat under the name and style of Lot 1, 366 Hanson Ranch Road, a subdivision in the Town of Vail, Eagle County, Colorado. Executed this day of , A.D., 2018. Owner: VailPoint, LLC, a Colorado limited liability company Address: By as: STATE OF )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , A.D., 2018 by as of VailPoint, LLC, a Colorado limited liability company. My Commission expires: Witness my hand and seal. Notary Public Address: SURVEYOR'S CERTIFICATE I do hereby certify that I am a professional Land Surveyor licensed under the laws of the State of Colorado, that this plat is true, correct and complete as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness thereof I have set my hand and seal this day of , A.D., 2018 Stan Hogfeldt Colorado PLS 26598 TOWN COUNCIL CERTIFICATE This plat approved by the Town Council of the Town of Vail, Colorado this day of , A.D., 2018, for filing with the Clerk and Recorder of Eagle County and for conveyance to the Town of Vail of the public dedications shown hereon; subject to the provision that approval in no way obligates the Town of Vail for maintenance of roads dedicated to the public until construction of improvements thereon shall have been completed in accordance with Town of Vail specifications and the Town Council of the Town of Vail has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guarantee that the soil conditions, subsurface geology, ground water conditions, or flooding conditions of any lot shown hereon are such that a building permit or any other required permit will be issued. This approval is with the understanding that all expenses involving all improvements required shall be the responsibility of the subdivider and not the Town of Vail. ATTEST: Town Clerk Mayor Town of Vail, Colorado Town Council Town of Vail, Colorado PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE This final plat was approved by the Town of Vail Planning and Environmental Commission this day of , A.D., 2018. ATTEST: Town Clerk Town of Vail, Colorado ADMINISTRATOR CERTIFICATE Chairman Town of Vail Planning and Environmental Commission This final plat is hereby approved by the Town of Vail Administrator this day of , A.D., 2018. ATTEST: Town Clerk Administrator Town of Vail Town of Vail TITLE CERTIFICATE Land Title Guarantee Company does hereby certify that the title to all lands shown upon this final plat has been examined and is vested in: VailPoint, LLC, a Colorado limited liability company and that title to such lands are free and clear of all liens and encumbrances, except as follows: Dated this day of , A.D., 2018. Land Title Guarantee Company 610 West Lionshead Circle #200 Vail, CO 81657 By. as: CERTIFICATE OF TAXES PAID I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of upon all parcels of real estate described on this plat are paid in full. Dated this day of , A.D., 2018. Treasurer of Eagle County CLERK AND RECORDER'S CERTIFICATE This Plat was filed for record in the Office of the Clerk and Recorder at o'clock ___.M., on this day of , 2018, and is duly recorded as Reception No. Clerk and Recorder By. Deputy 1213 -2 -PLAT -2018. DWG DRN. BY M. POST DATE:4/2018 JOB NO. 1213.2 PAGE: 1 OF 1 August 7, 2018 - Page 273 of 358 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO IT EM/TOPIC: Ordinance No. 13, Series of 2018, First Reading, An Ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2018, upon first reading. BACKGROUND: The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc., are requesting the first reading of Ordinance No. 14, Series of 2018, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1 A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle. STAFF RECOMMENDATION: On July 9, 2018, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation of approval to the Vail Town Council for Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle. ATTACHMENTS: Description Staff Memorandum A. Ordinance No. 13, Series of 2018 B. Staff Memorandum, PEC18-0019, July 9, 2018 C. PEC Minutes, July 9, 2018 D. Applicant Narrative, June 29 2018 August 7, 2018 - Page 274 of 3. TOWN OFT" Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 7, 2018 SUBJECT: First reading of Ordinance No. 13, Series of 2018, an ordinance for a Prescribed Regulations Amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove Lot 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in - lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18-0019) Applicant: Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence I. SUMMARY The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc., are requesting the first reading of Ordinance No. 14, Series of 2018, an ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove Lot 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle. On July 9, 2018, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation of approval to the Vail Town Council for Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle. This map change will allow the applicants to redevelop their properties with on-site parking, which would otherwise be prohibited without this ordinance. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the July 9th meeting included as Attachment C. August 7, 2018 - Page 275 of 3. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2018, upon first reading. III. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendment is proposed to remove Lot 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes. The parcels have direct vehicular access from the platted easement existing just south of the existing parking structure, and can provide on-site parking without impacting the pedestrian mall. The location of these parcels is shown below: Varlticie Point estwind [rIabe1I%1 -�'Vai I qu r .•--�_r� .".-1\ \ r • 4 r SwedLsh } 1 `> 4 4, xCab i tir ,• C... 1/4�lon he d Arcade'. 'LAP ,1� .moi" r Lronshead Center rj Lift House 1 _-; the final plat, creating Lots 1A, Lot 2A, Tract K, Tract L and Tract M has occurred with the Eagle County Clerk and Recorder. IV. BACKGROUND The Town's zoning code has allowed for certain exemptions from on-site parking requirements since 1973. In 1982, in conjunction with the Vail Village and Lionshead Urban Design Guide Plans, the Town established a "parking pay -in -lieu" program- thereby allowing property owners to pay a fee in exchange for a reduction in on-site parking. The program's primary purpose was to minimize vehicular traffic in the Town's pedestrianized commercial areas while allowing property owners some flexibility in the provision of required parking created by infill development and redevelopment. Prior to the approval of Ordinance No. 4, Series of 2001, all properties that were zoned CCI, CCII or LMU-1 (Vail Village and Lionshead) had the ability to participate in the Town's pay -in - lieu program - regardless of their location. In 2001, the PEC and Vail Town Council expressed a desire to re-evaluate the program in an effort to promote the original goals outlined in the Vail Village and Lionshead Design Guide Plans. The code changes and amendments to the Core Area Parking Map resulted in the designation of certain properties that must participate in the program. It was the understood rationale that these properties were inappropriate for on-site parking due to their pedestrianization and lack of reasonable access to established motor vehicle ways. The designated properties in the Lionshead Area are shown below. This exhibit was included as an attachment to Ordinance No. 4, Series of 2001. Male, 1.i 5117M14 VAT An.nE.es AML Pay -in -Lieu Properties Lionshead FAST LIONENEAOOIRf1E !� iSen L jn mS: JE AI' mot we=T r , j•- 1 mf i LONE tr..m.O.RE cre Pay -in -Lieu Properties Town of Vail Page 3 August 7, 2018 - Page 277 of 3� This exhibit was later incorporated into the Town's Core Area Parking Map. The most recent version of this map is shown below. Core Area Parking Map r�4 • Commercial Core Areas ® Commercial Core Area - Evervail (pending certain criteria) Pay -in -Lieu Properties It should be noted that neither the exhibit nor the Core Area Parking Map make any distinction between the Lift House and Vail 21 developments and the parking facility. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The PEC finds the prescribed regulation amendment furthers the general and specific purposes of the zoning regulations by promoting the harmonious development of the core areas while maintaining established community qualities and economic values. The ability to redevelop the subject properties with subsurface parking will allow for development consistent with the objectives of the zoning regulations. The PEC finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Town of Vail Page 4 August 7, 2018 - Page 278 of 3E The PEC finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, staff identified the following applicable statement: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. In addition, The Lionshead Redevelopment Master Plan, a component of the Vail Comprehensive Plan, speaks directly to redevelopment in this area and the express desire to replace existing parking on site. 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master Plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and It is unclear why the properties currently occupied by the parking structure were included in the "parking pay -in -lie zone." The parcels have direct access from a platted easement located just south of the existing garage. Allowing redevelopment with subsurface parking will not be detrimental to the pedestrian experience in the vicinity. As such, the existing regulation prohibiting on site parking is not appropriate. The PEC finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The PEC believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, removing the subject properties from the 'Parking Pay -in -Lieu Town of Vail Page 5 August 7, 2018 - Page 279 of 3. Zone" will allow redevelopment that will provide not only parking for existing users of the parking facility, parking for the new residential uses proposed but also additional unrequired parking spaces that will enhance the Town's parking inventory. The PEC finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. VII. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 13, Series of 2018, upon first reading, the Community Development Department recommends the Council pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 13, Series of 2018, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove Lot 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 13 Series of 2018, the Community Development Department recommends the Council make the following findings: "Based upon the review of the criteria outlined in Sections Vlll of the Staff memorandum to the Planning and Environmental Commission dated June 9, 2018, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its Town of Vail Page 6 August 7, 2018 - Page 280 of 3. established character as a resort and residential community of the highest quality." VIII. ATTACHMENTS A. Ordinance No. 13, Series of 2018 B. Staff Memorandum, PEC18-0019, June 9, 2018 C. PEC Minutes, June 9, 2018 D. Applicant Narrative, June 29 2018 Town of Vail Page7 August 7, 2018 - Page 281 of 3E ORDINANCE NO. 13 SERIES OF 2018 AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12- 10-16 EXEMPT AREAS; PARKING FUND ESTABLISHED, VAIL TOWN CODE, TO REMOVE 1A, LOT 2A, TRACT K, TRACT L AND TRACT M OF A RESUBDIVISION OF VAIL LIONSHEAD, BLOCK 1, FROM THE "PARKING PAY -IN -LIEU" ZONES FOR PARKING REGULATIONS PURPOSES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, Ordinance No. 30, Series of 1982 adopted parking fee rates for various uses within the Town; WHEREAS, Ordinance No. 4, Series of 2001 amended the Town's "parking pay -in -lieu" policy to be consistent with master plan goals and objectives; WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental Commission held a public hearing on the prescribed regulation amendment to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes; WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the prescribed regulation amendment; WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment Ordinance No. 13, Series 2018 August 7, 2018 - Page 282 of 3E promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following prescribed regulation amendment to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, as further described in Exhibit A. Section 2. Condition Precedent The prescribed regulation amendment set forth in Section 1 hereof shall take effect on the date that the Final Plat for Vail/Lionshead, First Filing, a Resubdivision of a Part of Lots 1,2,3 and Tract E, Block 1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat referenced above has not been properly recorded by August 7, 2020, the prescribed regulation amendment set forth in Section 1 hereof shall not take effect. Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The prescribed regulation amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and, b. The prescribed regulation amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The prescribed regulation amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and, d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 13, Series 2018 2 August 7, 2018 - Page 283 of 3. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of August, 2018, and a public hearing for second reading of this Ordinance set for the 21st day of August, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of August, 2018. ATTEST: Patty McKenny, Town Clerk Ordinance No. 13, Series 2018 3 Dave Chapin, Mayor August 7, 2018 - Page 284 of 3. Exhibit A Parcels to be removed from the "parking pay -in -lieu" zones for parking regulations purposes FINAL PLAT VAIL/LIONSHEAD. FIRST FILING A RESUBDIVISION OF A PART OF LATS 1, 2 3 AND TRACT E BLACK 1 TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO LOT 1A iRST ND THE NTTTM HDUK • • G110.1.131,C SCALE N Ordinance No. 13, Series 2018 4 August 7, 2018 - Page 285 of 3� TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2018 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18-0019) Applicant: Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence I. SUMMARY The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc., request the review of a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in - lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council, of this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A) and the applicant's narrative (Attachment B). II. DESCRIPTION OF REQUEST The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1 from the Pay -in -Lieu designation. The result of the map amendment will be the allowance of the subject properties, which currently include the two-level parking structure, to provide onsite parking when redeveloped. August 7, 2018 - Page 286 of 3. III. BACKGROUND The Town's zoning code has allowed for certain exemptions from on-site parking requirements since 1973. In 1982, in conjunction with the Vail Village and Lionshead Urban Design Guide Plans, the Town established a "parking pay -in -lieu" program - thereby allowing property owners to pay a fee in exchange for a reduction in on-site parking. The program's primary purpose was to minimize vehicular traffic in the Town's pedestrianized commercial areas while allowing property owners some flexibility in the provision of required parking created by infill development and redevelopment. Prior to the approval of Ordinance No. 4, Series of 2001, all properties that were zoned CCI, CCII or LMU-1 (Vail Village and Lionshead) had the ability to participate in the Town's pay -in -lieu program - regardless of their location. In 2001, the PEC and Vail Town Council expressed a desire to re-evaluate the program in an effort to promote the original goals outlined in the Vail Village and Lionshead Design Guide Plans. The code changes and amendments to the Core Area Parking Map resulted in the designation of certain properties that must participate in the program. It was the understood rationale that these properties were inappropriate for on-site parking due to their pedestrianization and lack of reasonable access to established motor vehicle ways. The designated properties in the Lionshead Area are shown below. This exhibit was included as an attachment to Ordinance No. 4, Series of 2001. Pay -in -Lieu Properties Lionshead Pay -in --Lieu Properties Town of Vail Page 2 August 7, 2018 - Page 287 of 3� This exhibit was later incorporated into the Town's Core Area Parking Map. The most recent version of this map is shown below. Core Area Parking Map w:4 Commercial Core Areas - Commercial Core Area - Evervail (pending certain criteria) Pay -in -Lieu Properties It should be noted that neither the exhibit nor the Core Area Parking Map make any distinction between the Lift House and Vail 21 developments and the parking facility. IV. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendment is proposed to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes (see PEC18-0017). The parcels have direct vehicular access from the platted easement existing just south of the existing parking structure. The location of these parcels is shown below: Town of Vail Page 3 August 7, 2018 - Page 288 of 3� Vantage Point• 1 r 1 14 Lift House 4,01 II ArrabelI at benshead Center r Amendment to Parking Pay in l.ieru Zones The proposed prescribed regulation amendment, to be approved via ordinance with the Vail Town Council, will not take effect until the recordation of the final plat, creating Lots 1A, Lot 2A, Tract K, Tract L and Tract M has occurred with the Eagle County Clerk and Recorder. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Town of Vail Page 4 August 7, 2018 - Page 289 of 3E Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. Town of Vail Page 5 August 7, 2018 - Page 290 of 3. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 12-10-16: Exempt Areas; Parking Fund Established: A. Criteria: The town council by resolution may exempt certain areas from the off street parking and loading requirements of this chapter if alternative means will meet the off street parking and loading needs of all uses in the area. Prior to exempting any area from the off street parking and loading requirements, the council shall determine the following: 1. That the exemption is in the interests of the area to be exempted and in the interests of the town at large. 2. That the exemption will not confer any special privilege or benefit upon properties or improvements in the area to be exempted, which privilege or benefit is not conferred on similarly situated properties elsewhere in the town. 3. That the exemption will not be detrimental to adjacent properties or improvements in the vicinity of the area to be exempted. 4. That suitable and adequate means will exist for provision of public, community, group or common parking facilities; for provision of adequate loading facilities and for a system for distribution and pick up of goods; and for financing, operating and maintaining such facilities; and that such parking, loading and distribution facilities shall be fully adequate to meet the existing and projected needs generated by all uses in the area to be exempted. 8. Parking Fund: For projects located within the town's "parking pay -in -lieu" zones (as identified on the town's official "parking pay -in -lieu zone" maps, incorporated by reference) property owners or applicants shall be required to contribute to the town parking fund, hereby established for the purpose of meeting the demand and requirements for vehicle parking to the extent outlined in applicable master plan documents and the zoning regulations. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt Town of Vail Page 6 August 7, 2018 - Page 291 of 3. area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee hereinafter required: 1. The parking fund established in this section shall receive and disburse funds for the purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative services relating to parking. 2. The parking fee to be paid by any owner or applicant shall be determined by the town council. 3. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district is formed and assessments levied for the purpose of paying for parking improvements, the payer shall be credited against the assessment with the amount previously paid. 4. The parking fee to be paid by any owner or applicant is hereby determined to be eighteen thousand five hundred ninety seven dollars eighty cents ($18,597.80) per space for residential uses (including, but not limited to, accommodation units, timeshares and fractional fee units). There is no pay in lieu fee for commercial uses. This fee shall be automatically adjusted annually by the percentage the consumer price index of the city of Denver has increased or decreased over each successive year. 5. For additions or enlargements of any existing building or change of use that would increase the total number of parking spaces required, an additional parking fee will be required only for such addition, enlargement or change and not for the entire building or use. No refunds will be paid by the town to the applicant or owner. 6. The owner or applicant has the option of paying the total parking fee at the time of building permit or paying over a five (5) year period. If the latter course is taken, the first payment shall be paid on or before the date the building permit is issued. Four (4) more annual payments will be due to the town on the anniversary of the building permit. Interest of ten percent (10%) per annum shall be paid by the applicant on the unpaid balance. If the owner or applicant does choose to pay the fee over a period of time, he or she shall be required to sign a promissory note which describes the total fee due, the schedule of payments, and the interest due. Promissory note forms are available at the offices of the department of community development. 7. When a fractional number of spaces results from the application of the requirements schedule (section 12-10-10 of this chapter) the parking fee will Town of Vail Page 7 August 7, 2018 - Page 292 of 3. be calculated using that fraction. This applies only to the calculation of the parking fee and not for on site requirements. (Ord. 29(2005) § 29: Ord. 4(2001) § 2: Ord. 3(1999) § 11: Ord. 10(1994) § 1: Ord. 6(1991) § 1: Ord. 30(1982) § 1: Ord. 47(1979) § 1: Ord. 8(1973) § 14.800) 12-10-21: Parking Pay in Lieu Zones Established: The "parking pay in lieu zone" maps (attached to the ordinance codified herein, and available for inspection in the office of the town clerk) shall be used to identify properties within the parking pay in lieu zones referenced in section 12-10-16 of this chapter. Properties will be required to comply with the amended program upon demolition/rebuild. Properties not included in the pay in lieu zones may apply to the planning and environmental commission for review if the provision of on site parking on the property would circumvent relevant objectives of applicable comprehensive plan documents including, but not limited to, parking, pedestrianization, and vehicle penetration elements. (Ord. 29(2005) § 29: Ord. 4(2001) § 3) Vail Land Use Plan 1. General Growth / Development 1.3. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. The quality of development should be maintained and upgraded whenever possible. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the prescribed regulation amendment furthers the general and specific purposes of the zoning regulations by promoting the harmonious development of the core areas while maintaining established community qualities and economic values. The ability to redevelop the subject properties with subsurface parking will allow for development consistent with the objectives of the zoning regulations. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Town of Vail Page 8 August 7, 2018 - Page 293 of 3. Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, staff identified the following applicable statement: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. In addition, The Lionshead Redevelopment Master Plan, a component of the Vail Comprehensive Plan, speaks directly to redevelopment in this area and the express desire to replace existing parking on site. 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and It is unclear why the properties currently occupied by the parking structure were included in the "parking pay -in -lie zone." The parcels have direct access from a platted easement located just south of the existing garage. Allowing redevelopment with subsurface parking will not be detrimental to the pedestrian experience in the vicinity. As such, the existing regulation prohibiting on site parking is not appropriate. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, removing the subject properties from the `Parking Pay -in - Town of Vail Page 9 August 7, 2018 - Page 294 of 3E Lieu Zone" will allow redevelopment that will provide not only parking for existing users of the parking facility, parking for the new residential uses proposed but also additional unrequired parking spaces that will enhance the Town's parking inventory. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove Lot 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle., and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section VII of the July 9, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Town of Vail Page 10 August 7, 2018 - Page 295 of 3. 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Narrative (Please see Attachment B of PEC18-0016) Town of Vail Page 11 August 7, 2018 - Page 296 of 3. PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of AJi July 9, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order 1.1. Attendance Present: Brian Gillette, Brian Stockmar, John -Ryan Lockman, Karen Perez, Ludwig Kurz, Pam Hopkins Absent: Rollie Kjesbo 2. Main Agenda 2.1. A request for the review of variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation from the sixty percent (60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC18- 0026) ApplicantStanley & Karen Jeranko, represented by Martin Manley Architects Planner: Justin Lightfield Lighffield introduced the project and described public comment received on this application, which are letters of support. He described the subject property and the access agreement for access on the rear of the property, which provides accesses for Eagle River Water and Sanitation to their property to the south. The access easement takes up about 15 percent of the site, taking away area to be used for landscaping. Minimum required landscaping is 60% of the site. The applicant is requesting a variance to provide less than the required landscaping. ERWSD needs the full 25' road width to allow truck access to the site. John Martin, Architect— Existing asphalt on the site creates a problem. We meet all other site requirements, and site already has some site limitations. Half of the parcel must take access from Grouse Lane, and the other unit will take access from the access road. Home is designed to separate the two dwelling units as much as possible. Majority of the front driveway is on Town of Vail property. Stockmar — Will you meet at parking requirements? Martin — Yes, we are meeting parking requirements. They will be on the site itself. Perez — Please describe the slope challenges of the site. Martin — Building steps down from Grouse Lane, and third level down still does not reach grade. We are working with the grades, but will still have 30 min. August 7, 2018 - Page 297 of 3� retaining walls. Shape of the lot has more to do with the design than the slope. Lightfield — The height of the proposed residence is 32'-10", within the 33' height limit. Martin- If no landscaping variance, it's an unfair situation for this developer, which would not be the same as other lots without the existing asphalt. Public Comment — John Kuchar — 5124 Grouse Lane. Will this application provide less landscaping than required? (Lightfield, yes, landscaping proposed is 58%) We are not looking forward to construction traffic. Road was built with plans for minimal traffic. Lightfield —Access easement document highlights the construction, repair, and maintenance responsibilities. Kuchar — There is an existing access agreement, it's not clear if it's a 20 year agreement, which expires soon. Stockmar — You will need to ask that question to your own counsel. Perez — Explained in perpetuity means forever. Kuchar — Road is not designed for heavy construction, and in winter how will snow plowing be addressed. We are asking for a 90 day delay on this application. Stockmar — That question is not relevant to the Commission's purview. Chris Mont — Owner of Lot 3. He is in agreement with John on all his points. Who is going to clean the road each day? He is in construction, so he knows how much impact construction can have. He stated no one has done their 20% of maintenance. He uses the access road daily and echoes John's concerns. Perez — You should discuss the legal document with your counsel. Mont — What's wrong with waiting 90 days? Gilllette — The road is existing. It has nothing to do with the Town. There are more hoops for the applicant to jump through, including design review and a building permit. Mont — Not all homes on this road were built using this road. Commissioner Comment — Lockman —Appreciate the staff memorandum on this lot. Criteria for the variance has been met, considering that the site already has paving. It's a challenging site, but it's outside the Towns purview to negotiate on private property. Hopkins — OK with it. August 7, 2018 - Page 298 of 3� Perez — One of the criteria we must look into, the relationship to other structures in the vicinity. The PEC needs to take into account the impact the development has on adjacent property. The PEC also needs to look at physical hardship, and the issue on slope was determined not to be an issue. She has not seen any evidence that they have not been able to meet the standard. Perez stated the concern of granting a special privilege. We can not look at what we approved before. I'm not swayed that it's impossible to provide 388 additional square feet. Kurz — Concur with Lockman and Hopkins. The road can be a physical hardship. Most lots don't have a road built through their property. Most lots are allowed a certain amount of site coverage and landscaping based on lot size. Stockmar — Agrees with most of the other commissioners. The would not be an issue to meet the landscaping requirements if there were no existing road. Ludwig Kurz moved to approve. John -Ryan Lockman seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.2. A request for the review of an amendment to an existing Conditional Use Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the replacement of the existing maintenance facility with a new maintenance facility at the Vail Golf Course, located at 1278 Vail Valley Drive/Unplatted, and setting forth details in regard thereto. (PEC18-0027) ApplicantVail Golf Course, represented by Pierce Architects Planner: Justin Lightfield Lightfield introduced the project. No formal action by the PEC is required. Jeff Bailey -1287 Vail Valley Drive. Thank you for the communication, it has been great. Question on access to the facility, will it change? Bill Pierce — No access will change with the project. Scott O'Connell — No change to access to the facility. No changes to Vail Valley Drive on this site. Chris Wolder —Adjacent property owner. What time of day will construction take place? Roz Cochman -1328 Vail Valley Drive — Concerned about the noise level. Jack Hunn, Consultant — Hope to start late September and finish by April or May 2019. No commissioner comments. 5 min. 2.3. A request for review of Major Exterior Alteration, pursuant to Section 12-7B- 45 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) August 7, 2018 - Page 299 of 3� ApplicantBattle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Approval of this project is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. 3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the on-site employee housing units (EHUs). 4. The DRB shall review the snowfall conditions on the rear setback at time of review. Stockmar - for the record, there have already been two meetings on the project. Braun, representing Battle Mountain LLC, presented to the PEC and stated after the last meeting additional research has been done on the automated parking system. There are four applications today. First, is a minor subdivision (PEC18-0017). Second, Braun presented the "pay in lieu" parking map amendment (PEC18-0019). Third, is the setback variance/west wall (PEC18-0018). The Launch building will confirm to the setback to the 0' setback line. Braun stated the west wall's plane will be determined at the DRB stage in the process. Fourth, is the exterior alteration (PEC18-0016). Braun stated staff is supportive of the new design and the application still must go through the Design Review Board for final design approval. Braun then presented the automated parking system. He stated the Town Code requires a minimum of 7' clearance. The elevation clearance proposed is 7'6". The system will hold 71 minimum spaces. 46 spaces for Vail 21 and Launch with 25 spaces leased to other users, including retail, real estate office, etc. There is no "rush hour" or "peak arrival time" from the residential users. Stockmar asked about the demand of the system. Perez - What percentage of the residential parking are short-term vs. long- term? Braun could not speak to how many permanent residents live in the building. Braun mentioned vehicles pull off of the alley, and then enter a code into the key pad, which opens the garage in a matter of seconds. The user then exits the car and the car stages itself in front of the elevator, thereby not holding up any traffic. There are two elevators in the garage and the elevators can work simultaneously. Stockmar asked if the parking system reverses the car when the elevator returns the car to ground level. This would allow the car to pull out rather than backing out. Braun stated yes, the cars will pull forward rather than backing out. Braun stated automated systems have been around for a long duration and many years. The average turnaround time is 90 seconds for the elevator to August 7, 2018 - Page 300 of 3� park a car and return to the top. Braun showed on a site plan there are six spaces for cars to park and drop off supplies. On site staff will verify cars do not utilize drop off parking zones for long term parking. Braun then presented on elevator reliability. CityLift is on site quarterly checking the system and cleans the system quarterly. The system will be designed differently to handle the winter environment, which will be more resistant to moister. The system will also have a dehumidifying system to handle the environment. CityLift will have a contract with a local elevator maintenance company. In most cases, problems are solved in minutes. There has not been a repair prohibiting cars from leaving for more than a few hours with the system. Commissioner Comments - Hopkins — How you unload and load without affecting other cars entering the elevator? How does the circulation work? Braun — It will require some moving around of vehicles. There are six dedicated spaces in the drop-off area. Stockmar stated the normal turn -around, parking patterns, and turning radius analysis would help the PEC and determine when bottlenecks would occur. Stockmar stated he lived with an automated parking system in Tokyo and it never failed in two and a half years. based on past experiences with using similar systems, it works. Gillette — If there is not enough time to get items in or out of your car, the complex will have to hire an assistant. Hopkins — The drop-off and unload area is more likely to back up than the parking elevators. Kurt Rhoden, with Launch Development — Most often systems are using a public parking format. We have the luxury to have an educated parking environment within their community. The community with view a video on the system that CityLift produces. Lockman — Is the trash and recycling accessed inside the garage or in the alley? Braun — They will roll the bin out to the alley and likely go down to the end of the alley to service the other buildings. Perez asked if Braun obtained a height measurement within the Town of Vail regulations. Braun stated they meet the minimum requirements at 7'6". Lockman — Is emergency access available if the elevators back up and cars park in the alley? Braun — Restoring and having 22' of clear moving area. With a worse case scenario there will still be access back into the property. Public Comment - August 7, 2018 - Page 301 of 3� Stewart McNab, representing Lift House Homeowners Association, stated his client's interest is not in the parking garage beneath the Launch Development. His client's interest is in the Lazier section of the parking garage (upper level that has been removed). He mentioned PEC18-0017 replating application. Stockmar clarified McNab was addressing another application, not the current application, PEC18-0016. He asked for the permission from the Commission to proceed with comments since they are interrelated. McNab — The final plat is the appropriate place to address parking places that existed prior to earlier this summer when the parking structure was demolished. Lift House requests a condition that would require on Lot 1A that there be a condition for parking places that existed prior to demolition, that the parking spaces be replaced. McNab indicated the condition will preserve the status quo and will not affect the Launch site. It wouldn't change anything. Preserve the spaces that were there prior to development being proposed. Condition reads: "Any Major Exterior Alteration or other redevelopment of Lot 1A shall include, at a minimum, 95 spaces in addition to the requirements for the altered or redeveloped structure on that lot, so as to conform to the original permits and approval for the Lift House and the Lionshead Arcade buildings for which the parking existing as of June 1, 2018 on Lot 1A was intended to serve." McNab stated there are actually 91 spaces after speaking with Braun. The condition can change to 91 spaces rather than 95 spaces. This recognizes the demo for permit was granted without condition and adding the condition to the new plat will ensure preserving the status quo at time of development. It will not affect the Launch side, because parking is being taken care of. Condition would have the effect of preserving the spaces that were there prior to the development being proposed. Lockman — What was the total allocation of spots across 2A and 1A both top and bottom of the parking structure? Gillette — How did we get to 46 spaces? Braun stated Launch will provide there parking numbers as required and Lazier will provide their parking numbers. The 46 number is the number Launch has committed the residential users on their portion of the property. Gillette — How are we going to get to what we are replacing vs adding? Kurt Rhoden — There were 52 spaces before demolition. We need to replace those 52 spaces. There are also an additional minimum of 71 spaces needed for the development. The 46 is totaled by adding what Vail 21 and Elevation community would need. Perez — Clarified there will be 71 spaces on the eastern side 1/3 and 91 or 95 on the western 2/3. Braun stated 91 spaces existed before demo on Lazier's side of the development. Braun clarified demo occurred prior to the applications coming before the PEC. August 7, 2018 - Page 302 of 3� Braun explained the following in terms of history: June 1 (before demo) — there were 52 spaces at Launch and Lazier had 91. 143 spaces total. Launch is replacing their 52 and providing 17 more for EHUs and condominiums Lazier will replace 91 spaces and provide parking for his 23 units — 30 some - odd spaces. • 143 total spaces before deck was removed Perez asked who was the applicant for the demolition of the garage. Stockmar asked if there was a condemnation of the parking structure. Braun responded the parking structure was not condemned. Battle Mountain LLC was the applicant for demo permit. Battle Mountain LLC is part of Launch. Gillette suggested a change to the condition. Stockmar asked if the PEC needed to include the Gillette suggested change to the condition. Neubecker confirm the language is already highlighted in the Vail Town Code. McNab — The problem is there so no assurance that the project will happen any time soon, whether that be this year, next year, etc. Lazier — Stated that he is concerned of the terminology of the condition since he does not trust the motivation of the Lift House. He stated he hopes to present his proposed project in 30-45 days. He prefers the condition to be in the PEC's language, not Lift House's. He stated there are no traffic flow issues, without many cars coming in and out on a daily basis. The 91 spaces will be part of their proposal. Jamie Crosby, Vail 21 resident— Owns parking lots and apartment buildings. Concerns were the elevator maintenance and getting fixed. Mentioned lack of staging with cars and getting garbage trucks through the site. David Moe — Manager for Vantage Point Condominiums. Stated there was a horizontal crack that went the entire distance of the property. Vantage Point's concern is for their foundation and is seeking assurance that their property will not be affected by construction and building 3 floors underground. The structure was collapsing because it was moving to the south, especially being built 8' from the Vantage Point. Additionally, the proposed sidewalk along the north property line of Launch is a hazard. They believe the sidewalk is a danger due to the cliff of Vantage Point's roof. The area between the two properties is deadly, due to Vantage Point being 6 stories and the proposed building being 7 stories. Neubecker — This will be examined during the DRB review process. Moe — Never had snow falling on cars or people, but he has noticed tons of snow falling between the two buildings. The sidewalk is the main concern. Moe asked for a core sample of the soil 10' deep. Lazier August 7, 2018 - Page 303 of 3� responded well, but Launch did not respond as well. Commissioner Comment - Lockman — Largest concern is that parking that was there, stays there. In the Lionshead planning documents, is there a number mentioned in the master planning document for parking? Neubecker —A number is not indicated on the master planning documents. Braun — The master plan specifically states parking must be replaced. He believes the parking condition is not required. Stated a condition is not required since this is an active application. Gillette — Indicated due to high construction costs, the building may not be built any time soon. The condition will verify it is not lost and the condition should be added to the plat and fee -in -lieu applications. Braun — Wanted to clarify conversations with Vantage Point. Braun stated the applicant will reconvene with Vantage Point once a construction team is selected. Stockmar — Clarified the PEC was in commissioner comment on PEC18-0018 and PEC18-0016. Commissioner Comment for all related applications - Gillette —Adding the condition to PEC18-0019 and PEC18-0017 makes sense to clarify what parking spaces are being talked about. Kurz — Aggress with Gillette's idea that all applications are appropriate. Kurz will support conditions if supported by Staff. Comfortable with the applications. Concerns have been thought about and addressed. Perez — Agrees with other commissioners and appreciates the background provided. Thanked applicant for addressing concerns made by the PEC. In favor of Gillette's proposed conditions. Hopkins —Agrees with adding parking condition. Also added for DRB to review the roof snowfall hazard to be looked at during DRB review. Lockman — PEC18-0016 applicant listened to the PEC and applicant did a good job describing the automated parking system. More comfortable with setback now. There is less parking now than there was June 1, 2018. Prefers not to create additional regulations on different applications down the road and the condition should be placed only on PEC18-0017. Stockmar — This is PEC's third meeting on the issues and thanked the applicants. Based on all of the analysis, he is in favor of the development. Vail is a small town with big city problems. The site is challenging because of its size and surrounding buildings. He is comfortable in relying on the Building Department to review plans to address any safety concerns and eliminate structural issues. Comfortable with all four items and is not convinced Gillette's condition is necessary. August 7, 2018 - Page 304 of 3� Brian Gillette moved to approve with conditions. John -Ryan Lockman seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.4. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Any major exterior alteration or other redevelopment of Lot 1A or Lot 2A shall include, at a minimum, 91 parking spaces for Lot 1A and 52 parking spaces for Lot 2A in addition to the requirements for the altered or redeveloped structures on said lots. Brian Gillette moved to approve with conditions. John -Ryan Lockman seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.5. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18-0019) ApplicantLazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Any major exterior alteration or other redevelopment of Lot 1A or Lot 2A shall include, at a minimum, 91 parking spaces for Lot 1A and 52 parking spaces for Lot 2A in addition to the requirements for the altered or redeveloped structures on said lots. Brian Gillette moved to approve with conditions. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.6. A request for the review a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Please see item PEC18-0016 for the staff memorandum concerning this 15 min. 15 min. 0 min. August 7, 2018 - Page 305 of 3� request. ApplicantBattle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Brian Gillette moved to approve with conditions. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Kjesbo 3. Approval of Minutes 3.1. June 25, 2018 PEC Results Stockmar stated Planner Lightfield's name is misspelled three times. Ludwig Kurz moved to approve. Karen Perez seconded the motion and it passed (5-0). Abstain:(1) Lockman Absent: (1) Kjesbo 4. Adjournment Stockmar noted the final selection and interviews are taking place next week for the Director of Community position. He stated there is very little interactions between PECs around the state and country. Neubecker stated issues and challenges should be brought up first, then locations can be selected based on what communities have done before in the past. Gillette mentioned the PEC should generate a list of what the Town of Vail PEC has done well and poorly. Stockmar stated when the PEC's agenda lightens up is the ideal time to visit other areas. Exposing the PEC to other experiences is beneficial. Neubecker stated a retreat would be an ideal time to have a discussion. Gillette mentioned ski storage was a good example of learning through the PEC by talking with merchants and owners. The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department August 7, 2018 - Page 306 of 3� Battle Mountain LLC/534 East Lionshead Circle Elevation April 30, 2018, revised June 4 and June 29 I. INTRODUCTION The purpose of this report is to provide information on Battle Mountain LLC's proposed development of Elevation, a residential condominium at 534 East Lionshead Circle. Information provided herein has been prepared in accordance with procedures prescribed by the Town of Vail development review process. Elevation is located on a parcel of land (Lot 2A and Tract K as depicted on the proposed Minor Subdivision), that for many decades included a portion of a two-level parking structure located along East Lionshead Circle. This parking structure will be removed in order to facilitate this redevelopment. Elevation includes three levels of underground parking, a six -level residential building and related site and landscape improvements. The adjoining property to the west (Lot 1A as depicted on the proposed Minor Subdivision), is pursuing a similar residential development. While separate projects, these two land owners have been coordinating their design and redevelopment efforts and two of the applications submitted herein pertain to both projects. Elevation/534 East Lionshead Circle Development Applications Page 1 August 7, 2018 - Page 307 of 3. Four development applications have been submitted: • Exterior Alteration application for the proposed condominium building and site improvements, • Minor Subdivision application to formalize the division of land for the subject parcel and four surrounding parcels, • Variance application for a rear setback variance, and • Amendment to the Town's Parking Pay in Lieu map. Each of these applications are described in detail below. Information provided in this report is presented in the following sections: I. Introduction II. Project Overview and Background III. Description of Project IV. Conformance with Applicable Review Criteria 1. Exterior Alteration 2. Minor Subdivision 3. Variance Request 4. Amendment to Parking Pay in Lieu V. Appendix 1. Minor Subdivision The Exterior Alteration and Variance applications have been submitted on behalf of Battle Mountain LLC (BMLLC). These applications pertain to proposed Lot 2A and Tract K. Applications for a Minor Subdivision and Parking Pay in Lieu Map amendment have been submitted on behalf of both BMLLC and Lazier Lionshead LLC (Bob and Diane Lazier, herein referred to as Lazier), owners of adjoining parcels. The minor subdivision and pay -in -lieu amendment applications pertain to land on which the BMLLC project is located and land on which Lazier's future development will be located. While the subject property is owned by BMLLC, the development of Elevation will be done by Launch Development Inc. (a BMLLC affiliate), in conjunction with Mountain Meadow Homes. On the following page is a project vicinity map depicting the properties party these applications and a site plan of Elevation Elevation/534 East Lionshead Circle Development Applications Page 2 August 7, 2018 - Page 308 of 3. Vantage Point LAZIER PARCEL Sunbi rd Park COMMON ACCESS TRACT K Lif#house Vail 21 COMMON PARCEL E ionshead Arcade Project Vicinity Map Illustrative site plan of BMLLC's proposed development of Elevation Elevation/534 East Lionshead Circle Development Applications Page 3 August 7, 2018 - Page 309 of 3E. II. PROJECT OVERVIEW and BACKGROUND Background on Parking Structure and Division of Land The existing parking structure was developed in the early 1970's and over the years has provided parking for the Lionshead Arcade, Vail 21, Lifthouse Lodge and other individuals. The structure is located on two parcels of land that were described and deeded in the 1970's based on legal descriptions. These parcels were originally part of Lots 1, 2, 3 and Tract F, Block 1 of the Vail Lionshead Subdivision, but this division of land did not go through a formal subdivision process. The western 2/3rd of the parking structure is owned by Lazier and the eastern 1/3rd is owned by BMLLC. BMLLC and Lazier own equal interests in proposed a common access parcel that provides access to both development parcels (depicted as Tract K on proposed minor subdivision). The proposed Minor Subdivision will formalize the subdivision of the two parcels that currently accommodate the parking structure, the commonly owned access parcel, and two other small, adjoining parcels. Redevelopment Coordination BMLLC and Lazier have been coordinating over the past year on the redevelopment of there respective parcels. This collaboration will include the demolition of the top deck of the existing parking structure this spring/summer. Subject to obtaining approvals from the Town, BMLLC intends to initiate construction of their redevelopment in the Spring of 2019. Lazier intents to submit development applications in the near future but has no definitive timeline for their redevelopment. The BMLLC and Lazier projects will share a common access drive off East Lionshead Circle. This access is proposed in the same location as the drive aisle that serves the existing parking structure. Both projects will include below grade parking and condominium buildings located above the parking. The parking level of the BMLLC project has been designed with a 0' setback on the rear, or west side of the site which will allow for the Lazier project to build to the same 0' setback line. Once constructed, each project will include outdoor spaces above the parking levels of each building. The sketch on the following page provides a depiction of how the coordinated design of the Elevation and Lazier projects can provide a shared outdoor plaza and a unified site/landscape plan. Elevation/534 East Lionshead Circle Development Applications Page 4 August 7, 2018 - Page 310 of 3� Conceptual site/landscape plan of Elevation and the future Lazier project. VA& 21 Zoning and Surrounding Land Use The BMLLC project is zoned Lionshead Mixed Use — 1 (LHMU1) and except for the 0' rear setback (for the parking level only), has been designed in compliance with development standards prescribed by the LHMU1 zone district. The two development parcels (Lots 1A and 2A on the proposed minor subdivision) both comply with the minimum lot size as prescribed by LHMU1. The BMLLC property is bordered by LHMU1 zoned lands on the north, south and west sides. Each of these properties have been developed with residential or mixed-use projects. To the east is the Town of Vail Lionshead Parking Structure. Site Area As per the Town Zoning Code, the definition of "lot or site" is: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. For the purposes of this development application, the "lot or site" for the BMLCC development includes both Lot 2A and Tract K. This results in a total site area of 13,677 square feet (10,367 square feet from Lot Al and 3,310 square feet from Tract K). This Elevation/534 East Lionshead Circle Development Applications Page 5 August 7, 2018 - Page 311 of 3� means all development standards for the project are based on the total site area and boundary of both parcels. A letter from Lazier that authorizes BMLLC's use of Tract K as part of its "lot or site" has been provided under separate cover. Note that an agreement between BMLLC and Lazier stipulates that BMLLC will limit its Gross Residential Floor Area (GRFA) to what is permitted based on the site area of Lot 2A (10,367sf, or 25,917sf of GRFA). 5407E 305 EC' VANTAGE POINT CONDOMINIUMS (R.N. 123718) Lor UNI TrIs PL, L=59.63' CH=:;. :5"E 59.44' LOT 2 A CPARCA G, NG 4 7.rJ cG1..11ENT) O2! NC4 S FOIAD 414GNAIL f.Y(g. , COOME!, na:z S•10,1 TRACT VAIL 21 (POUR 124, PAGE 481) Shaded area indicates the site area for Elevation. FOUND (YI,'�EZ ST t 4 xggFP0.54' FaCowueR Elevation/534 East Lionshead Circle Development Applications Page 6 August 7, 2018 - Page 312 of 3� III. DESCRIPTION OF PROJECT Four development applications have been submitted for this project: Exterior Alteration This review process is prescribed by the LHMU1 zone district and applies to any new development that among other things adds dwelling units or more than 1,000 square feet of floor area. The Exterior Alteration review process evaluates the project's compliance with the purpose of the LHMU1 zone district and applicable development standards of the zone district, how the project complies with applicable elements of the Lionshead Redevelopment Master Plan and potential impacts of the project on the surrounding neighborhood. Minor Subdivision The subject properties were divided in the early 1970's and have been under separate ownership since that time, but they were not formally subdivided. The Minor Subdivision has been proposed to formalize this division of land and is essentially a housekeeping item. The main considerations in evaluating a minor subdivision is to ensure that the parcels to be created meet minimum lot size standards, have access, will allow for orderly development and that the subdivision complies with the Town's development objectives. Below is a diagram depicting the proposed subdivision. BMLLC/Lazier Plat Exhibit 3ESUBDIYRION OF A PART PF LOTS, 1. 2 3 AND 'TACT E BLOCK 1 Ton OF VAIL COUNTY OF EAGLE, STATE OF COIARAEO 1! ; I.ra ...T va. Elevation/534 East Lionshead Circle Development Applications Page 7 August 7, 2018 - Page 313 of 3� Rear Setback Variance As described above, coordination between BMLLC and Lazier has been ongoing for the past year. Upon completion, these two projects will provide a unified design solution. They will, however, be developed on independent timelines. It is expected that BMLLC will be the first to move forward. The uppermost parking level for each project is located at the grade with the common access drive. The western end of Elevation's top parking level is proposed to be at the project property line, or with a 0' side setback. This has been done to allow the design of Lazier's top parking level to be located at its easterly property line, or with a 0' side setback. The benefit of this approach is that it eliminates a 20' separation between parking structures that is otherwise required by setback regulations. The two abutting 0' setback conditions will only occur at the parking level. The adjoining parking structures will allow for development of outdoor space on Lazier's project that will link to Elevation's outdoor space. A rear setback variance is necessary to allow for this solution. Below is a diagram demonstrating at a conceptual level the final condition with the 0' setback upon completion of Lazier's project. I .' ... I l] 1. fJj [j_I; i. •l ti [Di � r F f 1:.I1 1 The elevation elevation above depicts the final 0' setback condition upon completion of Elevation the Lazier project Elevation/534 East Lionshead Circle Development Applications Page 8 August 7, 2018 - Page 314 of 3� Amendment to Parking - Pay in Lieu Map The Town's parking regulations establish Pay in Lieu Parking Zones that identify properties that are required to "pay in lieu" of providing on-site parking. Such properties are identified in Vail Village and Lionshead and in most cases include properties that do not have frontage on a public right of way (like the Lionshead Arcade) or properties that are located along pedestrian streets (like the Wall Street Building in Vail Village) where vehicular traffic is undesirable. Even though they have direct access on a public right-of-way, both the BMLCC and Lazier properties are mapped as pay in lieu properties. A code amendment is proposed to amend the Parking Pay in Lieu Map to remove these properties from this map designation. A map depicted these parcels is provided on page 12. Development Program Below is a description of the main elements of the proposed project. The project's conformance with applicable review criteria for each of the four development applications is found in Section IV. of this report. Residential Condominiums Nine residential condominium units with a total of 24,590 square feet of GRFA are proposed. Employee Housing Units Three employee housing units (EHU's) comprised of 2,984 square feet are proposed. This exceeds the Inclusionary Housing requirement by 525 square feet. Lobby/Common Areas and "live beds" 3,290 square feet of interior common area is provided. This includes lobby, sitting room, fitness center and office space on the main level of the building. Owner's storage and ski lockers space is provided on the main parking level. In keeping with the "live bed" goals of the LHMP, the lobby, sitting room, fitness facility and outdoor patio/hot tub space will provide on-site facilities typically associated with hotels. Short-term rentals of units will be permitted by the project covenants. Owners will be permitted to rent units via AirBNB-type services or will be able to utilize on-site management for short-term rentals. Office space provided on the main level will be staffed throughout the day and will among other things facilitate check-in for short-term guests. Elevation/534 East Lionshead Circle Development Applications Page 9 August 7, 2018 - Page 315 of 3� Parking As outlined in a 1972 letter from the Town of Vail, the existing parking structure was built to provide parking for three adjacent projects. Elevation will replace existing parking and provide for the new parking demand from the proposed development. The existing structures and surface parking located on Lot A2 and a portion of Tract K (the Launch project) provides 52 parking spaces. Proposed development of nine condominiums and three EHU's requires 17 spaces for a total of 69 spaces. The parking structure will provide a minimum of 69 on-site spaces. Parking will be provided on three below grade levels and six additional spaces at the main entry to the parking structure. A total of 93 parking spaces are depicted on proposed plans. It should be noted that this is a maximum potential parking number. As project design progresses and more is known about structural, mechanical and other design considerations, it is anticipated that less than 93 spaces will be provided. However, under any circumstance a minimum of 69 spaces will be provided in order to meet zoning requirements. A fully automated parking system is proposed. A fully automated parking garage is a mechanical system designed to minimize area/volume required for parking vehicles. An automated parking garage utilizes mechanics made up of motors, chains, pulleys and pallets to transport vehicles within the parking system rather than the driver doing so. The driver pulls into a loading bay that looks very similar to a garage and parks their car on what is essentially a pallet. The driver then leaves their vehicle and using a nearby kiosk (with a fob or ticket) instructs the system to park the vehicle. The loading bay door then closes and the pallet and vehicle are automatically moved to its designated parking space. When the driver is ready to retrieve their vehicle, they will insert their parking ticket into the kiosk (or use their fob) which would trigger the retrieval of their vehicle. There will be monitors in the lobby that will let the driver know which bay their vehicle will be arriving in. The vehicle will be delivered facing out so that the driver does not have to back up out of the bay; this allows ease of exit as well as expedites the retrieval process. Six enclosed parking spaces are located next to the parking system loading bay. These spaces provide parking for users who want to park on-site but need time before using the parking system. These spaces will allow condominium owners or short-term renter to check in, unload personal items, etc. before parking. Site Design The building's primary pedestrian orientation is to the east with an entry stairs and front door located along East Lionshead Circle. Landscaping along the road is proposed to define spaces and "soften" the building. Pedestrian access is also provided on the south Elevation/534 East Lionshead Circle Development Applications Page 10 August 7, 2018 - Page 316 of 3. side of the building. Vehicular access will be via the existing shared access corridor. This corridor will serve two purposes: • Provide vehicle access to the BMLLC project, to Lazier's future project to the west and to the Lifthouse Lodge and a small surface parking lot adjacent to Vail 21, and • Improve the existing east/west pedestrian route between East Lionshead Circle and Lionshead. To enhance the pedestrian aspect of this corridor, landscaping on both sides of the drive and a decorative paving pattern to define a pedestrian walkway are proposed. The lobby or main level of the BMLLC project includes an outdoor space or terrace on the west side of the building. The uppermost parking/car entry level is one floor below this terrace level. Lazier's project will have a similar outdoor space on the east side of its building. The BMLLC terrace is design such that when Lazier's project is constructed, the terraces will "merge" the two projects and create a unified outdoor plaza space. Refer to page 5 for a conceptual depiction of how the design of these two projects is being coordinated. Development Standards A summary of development standards as prescribed by the LHMU1 zone district and development standards proposed by this project are provided below. Gross Residential Floor Area LHMU1 allows for 250 square feet of GRFA for every 100 square feet of site area. The proposed site area of .314 acres (inclusive of Tract K and Lot 2A) would allow for 34,192 square feet of GRFA. 24,590 square feet of GRFA are proposed. It should be noted that an agreement with Lazier limits GRFA on Lot A2 to what is allowable based on the area of just Lot A2 (exclusive of Lot K). Lot A2 is .238 acres or 10,367 square feet and allow for 25,917 square feet of GRFA. The 24,590 square feet of proposed GRFA is 1,327 square feet less that what is permitted by the site area of Lot 2A. Density LHMU1 allows 35 dwelling units per acre. The .314 acre site allows for 10.99 dwelling units. Nine dwelling units are proposed. Building Height Maximum allowable absolute height is 82.5' and maximum average height is 71'. The proposed building has an absolute maximum height of 81.0 and average height of 70.8'. Elevation/534 East Lionshead Circle Development Applications Page 11 August 7, 2018 - Page 317 of 3. Setbacks Setbacks in LHMU1 are 10' on all sides. Proposed setbacks are: • Front (along East Lionshead Circle) — 10' • Side — 10' on north, 29' on south • Rear — 0' (this variance is discussed above and in Chapter 4-Comformance with Applicable Review Criteria) Site Coverage LHMU1 allows for 70% site coverage, or 10,941 square feet. Proposed site coverage is 8,020 square feet, or 58.6% Landscaping LHMU1 requires 20% of a site to be landscaped, or 2,735 square feet. Proposed landscape area is 2,760 square feet. Note that this landscape area is softscape area only, it does not reflect any decorative hardscape areas (of which up to 20% of the landscape requirement can be). Parking and Loading 52 spaces currently existing on the site and the proposed development requires 17 new spaces, for a total requirement of 69 spaces. A minimum of 71 on-site spaces will be provided. While plans indicate 93 spaces, it is assumed that as design progresses structural, mechanical and other considerations will reduce the number of spaces that can be achieved. At a minimum 71 on-site spaces will be provided. There is no commercial development in the project and as such loading needs will be very minimal, limited to move in/move out of the residential units. The loading facility at the Arrabelle was over -sized to provide loading for adjacent properties. If needed, the Arrabelle facility could be utilized. Diagrams depicting building height, site coverage, setbacks and landscaping are found in the project plan set that has been provided under separate cover. Employee Housing Section 12-24-2 Employee Housing Requirements establishes a mitigation rate of 10% of the total new GRFA proposed by a project. 25,917 square feet of GRFA are proposed, resulting in an inclusionary employee housing requirement of 2,459 square feet. The code requires that a minimum of 50% of this requirement be provided on-site. Elevation/534 East Lionshead Circle Development Applications Page 12 August 7, 2018 - Page 318 of 3. Employee Housing Mitigation Plan Three on-site EHU's totaling 2,984 square feet are proposed. This mitigation will provide 100% of required housing on-site and will exceed code requirements by 525 square feet. Parking — Pay in Lieu Parking Map The purpose of this provision in the parking section of the zoning code is for properties that do not have access to a public street or are located where the Town does not want to generate vehicular traffic to pay into a fund for any new parking demand in lieu of providing parking on-site. For unknown reasons, the parcels on which the parking structure is located are included on the Pay in Lieu Parking Map, meaning that by code on-site parking is technically not permitted. For the following reasons, it is assumed that this mapping was done in error: • The subject properties have legal access to East Lionshead Circle, • Vehicle access to the site does not directly interfere with established pedestrian corridors, • Parking was in place on the subject parcels when the map was prepared, and • The Lionshead Redevelopment Master Plan suggests that with the redevelopment of the subject properties that on-site parking be retained, and a ground rule of the master planning process was that there be no net loss of existing parking in Lionshead. • Zoning requires that the amount of existing parking not be reduced The proposed amendment would remove the subject properties from the Parking Pay in Lieu Parking Map and would allow the properties to provide parking on-site. The properties proposed to be removed are depicted on the map below and are the same parcels addressed by the proposed Minor Subdivision. Elevation/534 East Lionshead Circle Development Applications Page 13 August 7, 2018 - Page 319 of 3. 4 LI If Westwind F LL, Vantage Point f -4 J1LI rk l;use *abellt Tat 7.-nr=or 0.\ - J • • Vail 21 $ `lLionshead s.:1 " „. Lionshead Center • ••• 1,64) Amendment to Parking Pay in Lieu Zones Core Area Parking Map ,,,G2crtz, Oem) C,1141, 4fr. dir Proposed Commercial Core Area (EverVail) 411 Commercial Core Area Pay -in -Lieu Properties Existing Pay in Lieu Parking Zones Elevation/534 East Lionshead Circle Development Applications Page 14 August 7, 2018 - Page 320 of 3E CONFORMANCE WITH APPLICABLE REVIEW CRITERIA Below is a summary of how the proposed project conforms to applicable review criteria for each of the four development applications. EXTERIOR ALTERATION It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is: 1. In compliance with the purposes of the Lionshead mixed use 1 district, Response The purpose of the LHMU1 district is: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. The proposed project is the initial phase of redevelopment of a distressed property that is identified by the Lionshead Redevelopment Master Plan (the Plan) as a priority for redevelopment. The project is very much consistent with the purpose of the LHMU1 zone district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, and The Lionshead Redevelopment Master Plan (LRMP) is an extensive and detailed planning document. Below are highlights of how the proposed project is consistent with main elements of the Plan from Chapter 2 — Policy Objectives, Chapter 4 — Overall Study Area Recommendations, Chapter 5 — Detailed Plan Recommendations and Chapter 6 — Site Design Guidelines. Chapter 2 — Policy Objectives Of the six broad policy objectives outlined in the Plan, three are applicable to this project: Elevation/534 East Lionshead Circle Development Applications Page 15 August 7, 2018 - Page 321 of 3. 2.3.1 Renewal and Redevelopment The project will replace a dilapidated above grade parking structure with below grade parking and a new residential building. 2.3.4 Improved Access and Circulation An outcome of this project is the removal of a vehicular access point on East Lionshead Circle and significant site/aesthetic enhancement to the east/west pedestrian corridor south of the proposed building. 2.3.5 Improved Infrastructure The project will restore parking that had been provided in the two-level parking structure. Chapter 4 — Overall Study Area Recommendations This chapter of the LRMP addresses broad level considerations that affect Lionshead as a whole. Examples of these include view corridors, Lionshead's main "hubs", connection with Gore Creek and the natural environment, connection with Vail Village, public transportation and other considerations. Most of these considerations are not directly relevant to the proposed development. This is likely due to two factors — the limited scope of the proposed redevelopment and the fact that the project is located outside of the Lionshead core area and major pedestrian streets. One relevant consideration is with respect to how the LHMP addresses the goal for "live beds". Consistent with the LRMP and as described on page 8, Elevation will include typical hotel facilities such as a lobby, sitting room and fitness facilities. Project covenants will allow for short-term rentals of condominiums and an office with staff to assist with rentals is provided in the lobby. Chapter 5 — Detailed Plan Recommendations Chapter 5 examines individual parcels and groups of parcels and identifies important functional relationships and objectives to be considered in redevelopments. Specific considerations from the LRMP relevant to this proposal include: 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be Elevation/534 East Lionshead Circle Development Applications Page 16 August 7, 2018 - Page 322 of 3. replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The proposed project addresses this objective. Landscaping and decorative pavers are proposed to create a more pleasing pedestrian walkway while also providing for vehicular use. The LRM specifically identifies this property as not being an appropriate site for retail, nor for a gateway, portal or other urban design features that may be appropriate elsewhere in Lionshead. Chapter 6 — Site Design Guidelines This chapter described detailed design elements will lend character and quality to the overall fabric of public spaces and to the desired hierarchy of pedestrian spaces. The proposed project is not located within the Primary Pedestrian Mall nor the Secondary Pedestrian Mall area. There are no Primary Pedestrian Streets adjacent to the site. As such, many elements of this chapter are not applicable to this site. The existing alley on the south side of the project is a Primary Pedestrian Walk. This corridor will include a decorative walking surface to define pedestrian flow. The height of some landscape walls will allow for seating. As suggested by the LRMP, trash and recycling facilities are located within the building. Chapter 8 — Architectural Design Guidelines The LRMP includes an extensive number of architectural guidelines to be addressed in the design of any new project in Lionshead. These guidelines include very general, subjective comments such as "the image for Lionshead should move towards the future — using historical alpine references and Vail Village as antecedents" or "the middle of buildings within Lionshead shall read as "quiet" masses". The guidelines also include more specific, quantified guidelines such as prescribed stepbacks in wall planes and the dimension of roof overhangs. Since the LRMP was adopted a handful of new projects have been constructed, among them are the Arrabelle, the Ritz Residences, the Visitor Center and the Lion. These four examples each express their own unique architectural style. While they may vary in their expression, each are in common with respect to how they respond the specific elements of the LRMP architectural guidelines. Below highlight key features of how Elevation responds to some of the major elements of the architectural guidelines: Elevation/534 East Lionshead Circle Development Applications Page 17 August 7, 2018 - Page 323 of 3. Building Massing and Form The building has a prominent and solid "base" defined by the use of stone, columns and building off -sets. The middle portion of the building utilizes two primary materials and is "quiet". Structural expression at roof eaves anchors the roof to the building. On the north and south elevations dormers extend to the face of the wall below and in doing so integrate the roof with the wall plane. Wall surface criteria Wall plans are broken up with use of building stepbacks, changes of materials, secondary roof overhangs and balconies. Wall materials and colors Wall materials "play off of" the neighboring Visitor Center and are organized to define the base and middle of the building. Balconies Balconies express structure that integrate them to the building. Balconies are designed in response to adjacent wall planes and building materials. Windows and Doors Windows are recessed in stone walls and headers are used at appropriate locations. Doors for pedestrian entries utilize wood frames and are high quality and "heavy". Detailing Examples of detail include recessed windows in stone walls, steel c -channel window headers, timber/steel support elements at balconies and secondary roof features, corten as secondary wall material, turnbuckle roof features and ornamental lighting. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. Response Neighborhood character in terms of the built environment is established by the development standards prescribed by the LHMU1 zone district. These standards were created to implement the goals of the Lionshead Redevelopment Master Plan. The project has been designed to conform to these standards and as such the project will be consistent with the character of the neighborhood. The proposed project will not have significant negative effects on the character of the neighborhood. Elevation/534 East Lionshead Circle Development Applications Page 18 August 7, 2018 - Page 324 of 3� The Exterior Alteration review process also obligates projects to address the Mitigation of Development Impacts. Section 12-7H-18 states: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases, mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: employee housing per the town's current employee housing policy, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off-site impacts. Elevation includes the following improvements to mitigate the impact of the proposed development: Employee Housing The square footage of proposed on-site employee housing exceeds the town's codified EHU requirement by 525 square feet. The three proposed EHU's include 2,984 square feet, 21.3% more than what is required by code. Pedestrian Walkway Improvements The existing sidewalk along East Lionshead Circle will be replaces with a new, heated walkway, greatly enhancing the pedestrian experience in this area. Streetscape Improvements The existing alley that provides site access to Elevation and surrounding properties will be heated and incorporate a paver sidewalk to accommodate pedestrian traffic within this shared vehicle/pedestrian corridor. The improvements above will more than offset the impacts of this modest development proposal. MINOR SUBDIVISION The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: Elevation/534 East Lionshead Circle Development Applications Page 19 August 7, 2018 - Page 325 of 3. 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Response The proposed subdivision is consistent with applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town. By way of example, Goal 1.3 of the Vail Land Use Plan states "the quality of development should be maintained and upgraded whenever possible." If approved, the proposed subdivision will facilitate the upgrading and redevelopment of this property. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations," of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Response The proposed subdivision is in compliance with the standards of Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail Town Code. Lots 1A and 2A are both consistent with minimum lot size as prescribed by the LHMU zone district. Track K, the common access parcel is necessary to provide access to East Lionshead Circle. Tracts L and M are platted as tracts. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Response These parcels were established by legal descriptions and deed and have been in existence for many decades. This subdivision will formalize the status of these parcels and in doing so the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed subdivision will not negatively impact the existing relationship among surrounding land uses. 5. The extent of the effects on the future development of the surrounding area; and Response Formalizing the subdivision of these parcels that have been in place for many decades will have no effect on the future development of the surrounding area. 6. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Elevation/534 East Lionshead Circle Development Applications Page 20 August 7, 2018 - Page 326 of 3E Response The proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services and will not result in a leapfrog development pattern because the applicant is proposing a subdivision of existing platted lots already served by public facilities. 7. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Response The proposed subdivision is currently served by appropriately sized utility lines, resulting in no future land disruptions to upgrade undersized lines. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Response The proposed subdivision formalizes previous divisions of land and in doing so will provide for the growth of an orderly viable community and serves the best interests of the community as a whole. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Response The subject property is currently developed with parking facilities. The proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. Response n/a VARIANCE The purpose and need for the rear setback variance is described in detail on page 7 above. Below is response to findings that must be made with respect to this request. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: Elevation/534 East Lionshead Circle Development Applications Page 21 August 7, 2018 - Page 327 of 3E 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Response The level of the building proposed to be within the rear setback is below grade on the east and north sides, and above grade on the west and south. Upon completion of the adjoining Lazier project the only exposed portion of building within the setback area will be on the south and as viewed from the north the building within the setback will not be discernible. As such, the setback encroachment presents no adverse impacts on other existing or potential uses and structures in the vicinity. To the contrary, the proposed 0' will allow for a unified plaza design between Elevation and the adjoining Lazier project is developed. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Response Design of the BMLLC and Lazier projects will create an outdoor plaza space to be created between the two buildings. The 0' setback proposed for the parking level below the outdoor space will allow for the integrated design of this space. The Lazier project will propose the same 0' setback. Literal enforcement of the 10' setback would result in 20' of basically unusable space between the two projects and would prevent the creation of this outdoor space. While located on two separate parcels that are under separate ownership, the development of Elevation and the future Lazier project essentially represents the phased development of a unified and coordinated project (unified and coordinated via the shared access way, coordination on finished floor elevations, and by the outdoor plaza space between the two buildings). For all intents and purposes, upon project completion the common property line between these two parcels will be indiscernible. Due to current ownership the common property line cannot be eliminated, however, the property line and setback requirements prevent a design solution that would benefit site design and the immediate neighborhood (and would be possible were it not for the existing property line). Variation to the setback requirement is warranted to implement this design solution and in doing so would achieve compatibility and uniformity of treatment amount sites in the vicinity and would attain the objectives of this title without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Elevation/534 East Lionshead Circle Development Applications Page 22 August 7, 2018 - Page 328 of 3. Response The proposed setback will have no adverse effect on the considerations listed above. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Response Town development standards in Vail Village and Lionshead allow for and at times encourage 0' setback conditions when the result will allow for a design that provides appropriate and desirable design solutions. The basis for this is that adherence to property line setbacks does not always result in the best design solution and that within reason, quality design that benefits the greater area should take precedent over arbitrary setback standards. The proposed 0' setback will allow for a unified design solution between the BMLLC and Lazier properties and is consistent with other examples where the Town has encouraged 0' setbacks. CODE AMENDMEN/PAY IN LIEU PARKING ZONE The purpose and need for the amendment to the pay in lieu parking map is described in detail on pages 7 and 8 above. Below is response to criteria to be considered with respect to this request. 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; Response The proposed amendment will simply remove four parcels from the Parking — Pay in Lieu Map. Currently the inclusion of these properties on pay in lieu map prevents the redevelopment and replacement of the existing parking structure. This is not consistent with the purposes of the pay in lieu provision of the zoning code. Nor is it consistent with the Town's development objectives. It is assumed that the map was done in error for the following reasons: • The subject properties have legal access to East Lionshead Circle, • Vehicle access to the site does not directly interfere with established pedestrian corridors, • Parking was in place on the subject parcels when the map was prepared, • The Lionshead Redevelopment Master Plan suggests that with the redevelopment of the subject properties that on-site parking be retained, and a ground rule of the master planning process was that there be no net loss of existing parking in Lionshead. Further, the master plan specifically encourages the redevelopment of this site and states that the "parking must be replaced". Elevation/534 East Lionshead Circle Development Applications Page 23 August 7, 2018 - Page 329 of 3E • Section 12-10-3 of the zoning code stipulates that the amount of existing/required parking not be reduced. This amendment will allow for the development of Elevation consistent with the master plan and zoning requirements. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; Response On-site parking is appropriate on the subject properties. The existing parking structure is unsightly, and the Lionshead Redevelopment Master Plan identifies this property for redevelopment. This amendment will allow for the inclusion of parking as a part of the redevelopment of these parcels. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; Response The Parking Pay in Lieu Map is an appropriate regulation, however the inclusion of these properties on the map is not appropriate. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Response Removing the subject properties from the map is necessary in order for parking to be main on the site. Removing the subject properties from the map will provide a harmonious, convenient and workable relationship among land use regulations that will be consistent with the town's development objectives. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. Response N/A Elevation/534 East Lionshead Circle Development Applications Page 24 August 7, 2018 - Page 330 of 3E TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 14 Series of 2018, First Reading, An Ordinance fora Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski Storage/Ski Club, and setting forth details in regard thereto. PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 14, Series of 2018, upon first reading. BACKGROUND: In an effort to provide the community, retailers and code enforcement with a better understanding of what does and does not constitute commercial ski storage, staff, Vail Resorts and the Vail Chamber and Business Association recommend that the Vail Town Council consider the proposed changes to the definition of Commercial Ski Storage/Ski Clubs in the Vail Town Code. STAFF RECOMMENDATION: On July23, 2018, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation of approval to the Vail Town Council for Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage ATTACHMENTS: Description Staff Memorandum A. Ordinance No. 14, Series of 2018 B. Staff Memorandum, PEC18-0022, July 23, 2018 C. PEC Minutes, July 23, 2018 August 7, 2018 - Page 331 of 3. TOWN ofvain Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 7, 2018 SUBJECT: First reading of Ordinance No. 14, Series of 2018, an ordinance for a Prescribed Regulations Amendment to Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage/Ski Club, and setting forth details in regard thereto. (PEC17-0042) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The Community Development Department is requesting the first reading of Ordinance No. 14, Series of 2018, an ordinance to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage On July 23, 2018, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation of approval to the Vail Town Council for Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the July 23rd meeting included as Attachment C. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 14, Series of 2018, upon first reading. III. PROPOSED TEXT AMENDMENT LANGUAGE Based upon the concerns expressed by the PEC and in further discussions and coordination with the Vail Resorts and the Vail Chamber and Business Association, as well as previous conversations and feedback from the Ski Storage Task Force, a decision was made not to expand permitted locations for the commercial ski storage and to not codify the relationship between ski racks and pedestrian or other easements. It was determined that the utilization August 7, 2018 - Page 332 of 3. of existing regulations related to Outdoor Storage and the examination of any conflicting easements was best done on an individual basis. In an effort to provide the community, retailers and code enforcement with a better understanding of what does and does not constitute commercial ski storage, staff, Vail Resorts and the Vail Chamber and Business Association recommend the following additional language be added to the definition section (Section 12-2-2) of the Vail Town Code. New language proposed is shown in bold. COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: A. Personal lockers, B. Boot dryers, C. Ski storage racks, D. Ski tuning, E. Food and beverage service, F. Areas for congregation and/or socializing, G. Restrooms and/or shower facilities, H. Nonwinter activities, I. Concierge ski services, J. Retail sales, K. Business center. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is located within the lodge or dwelling unit, is not considered commercial ski storage/ski club. The following activities, when accessory to a retail operation, shall not be considered ski storage: A. The outdoor display of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Outdoor display is Town of Vail Page2 August 7, 2018 - Page 333 of 3E subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF GOODS. B. The storage, on levels other than the basement or garden level, of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. IV. BACKGROUND The Town of Vail and its regulations of ski storage, ski valet and ski concierge services have not kept pace with the evolving nature of the ski industry. As a result, the Town is experiencing the following challenges with the current regulations on commercial ski storage: Regulations that may be ambiguous and vague. Regulations that appear to be inconsistent with evolving customer expectations. Regulations that may be difficult and/or impractical to enforce, resulting in a perception of inconsistent enforcement. On August 1, 2017, the Community Development Department presented a report to the Town Council on Commercial Ski Storage to engage the Council in a discussion regarding the Town's policy concerning commercial ski storage, ski valet and ski concierge services. At the end of the discussion, Town Council supported the creation of a Task Force consisting of business owners and managers in Vail's ski and lodging industry, and Town staff. The mission of the Task Force was to study this issue in greater detail, and provide feedback to the Town Council on amendments that may be needed to the Town's current regulations. Fourteen members of the local ski and lodging industry signed up for the Task Force, and several others contacted the Community Development Department after the August 1, 2017 meeting, expressing interest in participating. Following are members of the Task Force that attended at least one of these meetings: Chris Cremer Intrawest / Ski Haus Jeff Evans Christy Sports Jeff Babb Vail Resorts Marco Valenti Vail Resorts Retail Scott Gubrud Four Seasons Brent Martin Four Seasons Jacob Bangston Sebastian Base Camp Jay Lucas Ski Base Tom Neyens Ski Valet Zack Meyers Arrabelle Tom Higgins American Ski Exchange Chris Howe Ski Butlers / Antlers Alison Wadey Vail Chamber and Business Association Jenn Bruno Vail Town Council Town of Vail Page 3 August 7, 2018 - Page 334 of 3. Kevin Foley Vail Town Council Task Force meetings were held on August 18, August 23, and August 25, 2017. Based on input from the Task Force at these meetings, and tours of the some of the participating businesses, the Community Development Department and the Task Force developed recommendations for the Town Council to consider. On September 5, 2017, the Community Development Department and Task Force presented their recommendations to the Town Council. The Town Council supported the recommendations, and directed staff to begin to draft text amendments to implement the changes. On September 11, 2017, the Community Development Department presented the Commercial Ski Storage Task Force's recommendations to the PEC. The PEC requested more time to review specific code language, and requested that this topic return for further discussion. On September 25, 2017, the Community Development Department presented the Commercial Ski Storage Task Force's recommendations to the PEC. The PEC requested site visits to several of the ski shops, ski valet services and ski clubs impacted by these regulations. A tour of these properties is scheduled for October 9, 2017 as part of the PEC meeting. On October 9, 2017 the Planning and Environmental Commission further reviewed the proposed recommendations of the Task Force, expressing concerns with the proposed changes and possible unintended consequences, particularly as related to expanding allowable commercial ski storage to building levels other than the basement/garden levels and the placement of ski racks within pedestrian or other established easements. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The PEC finds the proposed zoning code amendments further the general and specific purposes of the zoning regulations by promoting the harmonious development of the Town's villages while maintaining established community qualities and economic values. The PEC finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Town of Vail Page 4 August 7, 2018 - Page 335 of 3E The PEC finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, staff identified the following applicable statements: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 2. Skier /Tourist Concerns 2.1. The community should emphasize its role as a destination resort while accommodating day visitors. 2.2. The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3. The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 4. Village Core / Lionshead 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) The PEC finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The storage of skis and skiing related gear has evolved from the storage of equipment to a personal service desired and often expected by our guests. As this land use has evolved, the Vail Town Code has remained largely static. As a result of this inaction, the town code is unable to provide the necessary regulatory framework to effectively and fairly uphold the intent of the Lionshead and Vail Village Master Plans and the Town Zoning Code itself. The new definition takes into account the substantial changes that have occurred concerning the use since the adoption of the current regulation. The PEC finds that this criterion has been met. Town of Vail Page5 August 7, 2018 - Page 336 of 3E 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The PEC believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, clarification of what is, and is not, considered commercial ski storage assists merchants and code enforcement personal with a clear regulatory framework. The PEC finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. VII. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 14, Series of 2018, upon first reading, the PEC recommends the Council pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 14, Series of 2018, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage/Ski Club, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 14 Series of 2018, the PEC recommends the Council make the following findings: "Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated July 23, 2018, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of Town of Vail Page 6 August 7, 2018 - Page 337 of 3. the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VIII. ATTACHMENTS A. Ordinance No. 14, Series of 2018 B. Staff Memorandum, PEC18-0022, July 23, 2018 C. PEC Minutes, July 23, 2018 Town of Vail Page7 August 7, 2018 - Page 338 of 3E ORDINANCE NO. 14 SERIES OF 2018 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2: DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI STORAGE/SKI CLUB, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; WHEREAS, it is necessary to amend the definition of Commercial Ski Storage/Ski Club to more accurately describe what activities do not fall within its definition while maintaining the success of existing and future businesses within the Town of Vail ; WHEREAS, the Town Council is committed to clarifying when ski operations pertaining to a lodge or dwelling unit are considered Commercial Ski Storage/Ski Club; WHEREAS, the Community Development Department is committed to making the Town Code easily understood; WHEREAS, from time to time is it necessary and prudent to update the Town Code; and WHEREAS, on July 23, 2018, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the amendment. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows (text that is to be added is bold): COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: A. Personal lockers, Ordinance No. 14, Series 2018 August 7, 2018 - Page 339 of 3E B. Boot dryers, C. Ski storage racks, D. Ski tuning, E. Food and beverage service, F. Areas for congregation and/or socializing, G. Restrooms and/or shower facilities, H. Nonwinter activities, I. Concierge ski services, J. Retail sales, K. Business center. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is located within the lodge or dwelling unit, is not considered commercial ski storage/ski club. The following activities, when accessory to a retail operation, shall not be considered commercial ski storage/ski club: A. The outdoor display of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Outdoor display is subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF GOODS. B. The storage, on levels other than the basement or garden level, of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and are compatible with the development objectives of the town; Ordinance No. 14, Series 2018 -2 August 7, 2018 - Page 340 of 3E b. The amendments further the general and specific purposes of the Zoning Regulations; and, c. The amendments promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of August, 2018, and a public hearing for second reading of this Ordinance set for the 21st day of August 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series 2018 3 Dave Chapin, Mayor August 7, 2018 - Page 341 of 3. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON SECOND AND FINAL READING this 21st day of August 2018„ in the Council Chambers of the Vail Municipal Building, Vail Colorado. ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series 2018 -4 Dave Chapin, Mayor August 7, 2018 - Page 342 of 3. TOWN OFII) Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 23, 2018 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage, and setting forth details in regard thereto. (PEC17-0042) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The Town of Vail requests the review of a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council, of this application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST/APPROACH Before returning to the PEC at this time for a recommendation, staff first updated the Vail Town Council regarding the Town's policy concerning the regulation of commercial ski storage, ski valet and ski concierge services on June 19th of this year. Staff has encouraged a policy that is focused on the following elements: • Guest Service consistent with the Vail Brand; • Considerate to existing and future business models; • Considerate of the aesthetic expectations of our guests and residents; • Considerate of pedestrian and vehicular safety; and • A policy that is fair, consistent, understandable and easily enforceable. August 7, 2018 - Page 343 of 3. To this end, staff has worked with Jeff Babb of Vail Resorts and Alison Wadey of the Vail Chamber and Business Association to propose minor amendments to the Vail Town Code that will further facilitate the elements of the policy. The purposes of the amendments are to: • Provide further clarification as to what is, and is not, considered commercial ski storage; and • Clarify ski storage that is part of a lodge or dwelling unit. It is our belief that these changes, although minor, provide the needed clarifications regarding what does and does not constitute commercial ski storage while allowing the continuation of services consistent with guest expectations and the Vail Brand. The Town Council expressed support for this approach and for staff to return to the Planning and Environmental Commission for a recommendation on the proposed code changes. III. PROPOSED TEXT AMENDMENT LANGUAGE Based upon the concerns expressed by the PEC and in further discussions and coordination with the Vail Resorts and the Vail Chamber and Business Association, as well as previous conversations and feedback from the Ski Storage Task Force, a decision was made not to expand permitted locations for the commercial ski storage and to not codify the relationship between ski racks and pedestrian or other easements. It was determined that the utilization of existing regulations related to Outdoor Storage and the examination of any conflicting easements was best done on an individual basis. In an effort to provide the community, retailers and code enforcement with a better understanding of what does and does not constitute commercial ski storage, staff, Vail Resorts and the Vail Chamber and Business Association recommend the following additional language be added to the definition section (Section 12-2-2) of the Vail Town Code. New language proposed is shown in bold. COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: A. Personal lockers, B. Boot dryers, C. Ski storage racks, D. Ski tuning, Town of Vail Page 2 August 7, 2018 - Page 344 of 3E E. Food and beverage service, F. Areas for congregation and/or socializing, G. Restrooms and/or shower facilities, H. Nonwinter activities, I. Concierge ski services, J. Retail sales, K. Business center. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is located within the lodge or dwelling unit, is not considered commercial ski storage/ski club. The following activities, when accessory to a retail operation, shall not be considered ski storage: A. The outdoor display of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Outdoor display is subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF GOODS. B. The storage, on levels other than the basement or garden level, of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. IV. BACKGROUND The Town of Vail and its regulations of ski storage, ski valet and ski concierge services have not kept pace with the evolving nature of the ski industry. As a result, the Town is experiencing the following challenges with the current regulations on commercial ski storage: Regulations that may be ambiguous and vague. Regulations that appear to be inconsistent with evolving customer expectations. Regulations that may be difficult and/or impractical to enforce, resulting in a perception of inconsistent enforcement. On August 1, 2017, the Community Development Department presented a report to the Town Council on Commercial Ski Storage to engage the Council in a discussion regarding the Town's policy concerning commercial ski storage, ski valet and ski Town of Vail Page 3 August 7, 2018 - Page 345 of 3E concierge services. At the end of the discussion, Town Council supported the creation of a Task Force consisting of business owners and managers in Vail's ski and lodging industry, and Town staff. The mission of the Task Force was to study this issue in greater detail, and provide feedback to the Town Council on amendments that may be needed to the Town's current regulations. Fourteen members of the local ski and lodging industry signed up for the Task Force, and several others contacted the Community Development Department after the August 1, 2017 meeting, expressing interest in participating. Following are members of the Task Force that attended at least one of these meetings: Chris Cremer Intrawest / Ski Haus Jeff Evans Christy Sports Jeff Babb Vail Resorts Marco Valenti Vail Resorts Retail Scott Gubrud Four Seasons Brent Martin Four Seasons Jacob Bangston Sebastian Base Camp Jay Lucas Ski Base Tom Neyens Ski Valet Zack Meyers Arrabelle Tom Higgins American Ski Exchange Chris Howe Ski Butlers / Antlers Alison Wadey Vail Chamber and Business Association Jenn Bruno Vail Town Council Kevin Foley Vail Town Council Task Force meetings were held on August 18, August 23, and August 25, 2017. Based on input from the Task Force at these meetings, and tours of the some of the participating businesses, the Community Development Department and the Task Force developed recommendations for the Town Council to consider. On September 5, 2017, the Community Development Department and Task Force presented their recommendations to the Town Council. The Town Council supported the recommendations, and directed staff to begin to draft text amendments to implement the changes. On September 11, 2017, the Community Development Department presented the Commercial Ski Storage Task Force's recommendations to the PEC. The PEC requested more time to review specific code language, and requested that this topic return for further discussion. On September 25, 2017, the Community Development Department presented the Commercial Ski Storage Task Force's recommendations to the PEC. The PEC requested site visits to several of the ski shops, ski valet services and ski clubs Town of Vail Page 4 August 7, 2018 - Page 346 of 3. impacted by these regulations. A tour of these properties is scheduled for October 9, 2017 as part of the PEC meeting. On October 9, 2017 the Planning and Environmental Commission further reviewed the proposed recommendations of the Task Force, expressing concerns with the proposed changes and possible unintended consequences, particularly as related to expanding allowable commercial ski storage to building levels other than the basement/garden levels and the placement of ski racks within pedestrian or other established easements. The staff memorandum and minutes from this meeting are included as Attachments A and B. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also prov des the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Town of Vail Page 5 August 7, 2018 - Page 347 of 3E Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the proposed zoning code amendments further the general and specific purposes of the zoning regulations by promoting the harmonious development of the Town's villages while maintaining established community qualities and economic values. Staff finds that this criterion has been met. Town of Vail Page 6 August 7, 2018 - Page 348 of 3. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, staff identified the following applicable statements: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 2. Skier/Tourist Concerns 2.1. The community should emphasize its role as a destination resort while accommodating day visitors. 2.2. The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3. The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 4. Village Core / Lionshead 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The storage of skis and skiing related gear has evolved from the storage of equipment to a personal service desired and often expected by our guests. As this land use has evolved, the Vail Town Code has remained largely static. As a result of this inaction, the town code is unable to provide the necessary regulatory framework to effectively and fairly uphold the intent of the Lionshead and Vail Village Master Town of Vail Page 7 August 7, 2018 - Page 349 of 3. Plans and the Town Zoning Code itself. The new definition takes into account the substantial changes that have occurred concerning the use since the adoption of the current regulation. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, clarification of what is, and is not, considered commercial ski storage assists merchants and code enforcement personal with a clear regulatory framework. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definitions of Commercial Ski Storage, and setting forth details in regard thereto." Town of Vail Page 8 August 7, 2018 - Page 350 of 3E Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section VII of the July 23, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." X. ATTACHMENTS A. Staff Memorandum to the PEC, 10-09-2017 B. PEC Meeting Minutes, 10-09-2017 Town of Vail Page 9 August 7, 2018 - Page 351 of 3. PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of AJL July 23, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order 1.1. Attendance Present: Brian Gillette, Brian Stockmar, Karen Perez, Ludwig Kurz, Rollie Kjesbo Absent: John -Ryan Lockman, Pam Hopkins 2. Site Visits 2.1. 680 Lionshead Place - Antlers Condominiums 3. Main Agenda 3.1. A request for the review of a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of offices and a meeting room into one (1) dwelling unit, expansion of the existing lobby and check-in area with an elevator serving all levels, and the construction of second level offices above the existing lobby, located at 680 Lionshead Place/Vail Lionshead Filing 3 (Antlers Condominiums), and setting forth details in regard thereto. (PEC18-0029) Applicant requests that this item be tabled to August 13, 2018. ApplicantAntlers Condominiums, represented by GPSL Architects Planner: Justin Lightfield Ludwig Kurz moved to table to August 13, 2018. Brian Gillette seconded the motion and it passed (5-0). Absent: (2) Hopkins, Lockman 3.2. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definitions of Commercial Ski Storage, and setting forth details in regard thereto. (PEC17-0042) ApplicantTown of Vail Planner: Jonathan Spence Spence presented an update on the topic of commercial ski storage, and some background on how the Town arrived at its current recommendation. Purpose is to look at what is considered ski storage, and what is not. Staff met with Jeff Babb (Vail Resorts) and Alison Wadey (Vail Chamber and Business Association). He read the proposed language in the text amendment. This approach has been slimmed down and simplified from the previous approach. Staff updated the Town Council on this topic several 5 min. 20 min. August 7, 2018 - Page 352 of 3� weeks ago. Perez — Please tell me how you got to this simplified approach. There are many issues in the PEC minutes from past meetings that were discussed by the task force that are not addressed in this new approach. For example, the hours of operation for ski storage. Spence — Some of the issues that were not addressed have not been a problem. For example, we have not had problems with the hours of operation. Also, on easements, there is so much variety, and we will need to review each easement separately. Gillette — What are the problems that were identified? Spence — Mostly some merchants had identified other merchants that were seen as possibly not following the rules. This text amendment will clarify what is defined as ski storage. Kurz — Interested to hear from Jeff. Thanked Jeff Babb and Alison Wadey for their views. I would like to hear the buy in from the general merchants. Public Comment — Jeff Babb, Vail Resorts — Commended the staff for the time they have put into this issue. This is a problem that is not really a problem. There were several businesses that identified other businesses not in conformance with rules. We needed to go back to the original intent, which is to unencumber our guests from their equipment as soon as possible. We want to make this as convenient for the guest as possible, and make sure its on -brand with Vail. There was no opposition that I am aware of from other merchants. We think this is resolving the issues. Perez — There is no definition with The Vail Brand. Is this the Town of Vail or Vail Resorts? It's capitalized. Spence — The Vail brand is a term we frequently used in general in our discussions. Stockmar — This term is used in general. Suggest removing the capital on Vail Brand, to lower case "b". Perez — Just want to be clear if this is related to Town of Vail or Vail Resorts. Please change the capital B to lower case b. Stockmar — This is a complex issue. Appreciate simplifying the issue. Agree with the need to keep up the Vail brand. This seems like a reasonable approach to the issue. Kurz — Timing of this is way better than what we have done in the past. In the past we addressed these issues in November. It's now July, and a much better time in advance of the ski season. Perez — Asked about skis that have been rented or recently serviced. Did you consider that these skis should be stored in the basement? Babb — We came to agreement that a ski in the shop rented to a guest that is returned to the rental shop used to go back in the same spot; but when it's August 7, 2018 - Page 353 of 3E rented, they can put the ski in another location more convenient to the customer. Perez — Was there discussion that this will increase the number of skis displayed outside? Spence — If we prohibit rented skis outdoors, they will be filled by other skis. It's related more to the availability of space outdoors. If you have land outside to have outdoor display, that is a reality of the cost of leasing the space. Stockmar — There is a need to create a sense of vibrancy. Skis can be displayed on any level that does not interrupt the guest experience. Public Comment — None Kjesbo — Seems better, more clear cut, and better definitions Gillette — Agreed Perez — My questions have been addressed Stockmar — This to me is an ad hoc situation with some but little teeth. It's not hard to remember that this Town only exists because of the mountain, both summer and winter. This is a solution to a problem that is minor. Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (5-0). Absent: (2) Hopkins, Lockman 3.3. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-17, Leasing of Parking Spaces, Vail Town Code, to amend Section 12-10-17, Leasing of Parking Spaces, in order to facilitate the short term leasing of parking spaces, and setting forth details in regard thereto. (PEC18-0028) Applicant:Town of Vail Planner: Chris Neubecker Neubecker introduced the topic to the commission including a recap of the existing parking regulations. He provided the commission with a map showing where leasing of parking is currently permitted. Neubecker introduced Shelly Jarnot, who is interested in providing a website/web application to facilitate the leasing of unused parking spaces. Neubecker discussed the issues regarding the leasing of parking spaces in different parts of the community. He spoke to the questions raised in the staff report. Gillette asked, what would be the Town's response if someone complained about parking on private property? Stockmar relayed an experience where the Town recommended that he call a tow truck to remove the vehicle in his space. Neubecker mentioned that a recommendation is not requested at this time 75 min. August 7, 2018 - Page 354 of 3� but rather a discussion of the issues. He mentioned that other sections of the code may need to be amended as a result of this proposed change. Gillette recommended that we remove the leasing language and regulations altogether, and not regulate. Then see what problems might arise, if any. Stockmar agrees and wonders if we are making too big of an issue out of this. May need to further empower the Police Department. Gillette- This is already occurring on Mill Creek. Perez -Worried about liability issues from her experience as an HOA representative, and unintended consequences. Stockmar-I agree, but that is where empowering the Police Department comes in. Perez- Should not be the responsibility of the Police. They have better things to do. Neubecker brought up the challenges perhaps with additional vehicle booting and towing, and the impact on the Vail brand. Stockmar spoke to a number of issues that may arise from a program such as this. Perez spoke to the problems of vehicles in places where they shouldn't be or people not know where they are going. Gillette -Let it go and then see what problems may arise. Neubecker spoke to the issues within the short term parking in the villages, and vehicle access over pedestrian malls. Commissioners spoke to support of this prohibition of accessing over pedestrian malls. Gillette- Asked for clarification with the Police Department about what happens when someone is parked in your spot. Stockmar spoke on demand reduction, as well as supply. Perez asked about the Red Sandstone garage coming online and the plan for that parking. Neubecker provided an answer regarding current Ford Park parking lot users, many of whom will relocate to Red Sandstone. Kurz- This is a creative solution, but how much more traffic are we going to create within town with this program? There will be unintended consequences. In the past we have spoken about reducing the number of cars and traffic. Perez-Bustang? Shelly Jarnot-Need to think about what we are trying to solve. We have a parking shortage. Ideally someone will know where they are supposed to August 7, 2018 - Page 355 of 3E park before they arrive. Spoke to market forces determining prices. Spoke to the guest experience and the problems with frontage road parking. Kjesbo spoke to the underutilized parking at Vail Mountain School and other locations. Neubecker asked for additional feedback from the commission as far as direction or additional information needed. Gillette -Eliminate current regulations, restrict in pedestrian areas, and see how it goes. Kjesbo-Agree with Gillette. Less regulation, the better. Kurz- Not sure we should remove existing regulations. Not sure we should open it wide. Perez- Likes the current regulations which require a utilization study. Not sure of the impacts without a study. Need to know more. Stockmar- A lot we don't know, but the solution may not be in front of us. Should address current regulations. Needs more study. Would love to get cars out of the core. Neubecker walked the Commissioners through the current regulations in the Town Code. He spoke of the Parking Task Force and bringing this item before them. Jarnot- Spoke on the idea of building more parking vs. using existing parking. Cautioned against over regulation. Stockmar- Agrees, but there are other issues that may need to be addressed. Neubecker recommended tabling this item to August 27, 2018. Stockmar discussed the task force. Brian Gillette moved to table to August 27, 2018. Rollie Kjesbo seconded the motion and it passed (5-0). Absent: (2) Hopkins, Lockman 4. Approval of Minutes 4.1. July 9, 2018 PEC Results Ludwig Kurz moved to approve. Karen Perez seconded the motion and it passed (4-0). Abstain:(1) Kjesbo Absent: (2) Hopkins, Lockman 5. Adjournment Karen Perez moved to adjourn. Brian Gillette seconded the motion and it August 7, 2018 - Page 356 of 3� passed (5-0). Absent: (2) Hopkins, Lockman The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department August 7, 2018 - Page 357 of 3E VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 10:10 p.m. (estimated) TOWN Of UAIL August 7, 2018 - Page 358 of 3.